(A) Criteria for granting special use permits. In granting a special use permit, the Council shall consider the advice, and recommendations, of the Planning and Zoning Commission, and the effect of the proposed use on the comprehensive plan, and upon the health, safety, morals, and general welfare of occupants of the surrounding area. Among other things, the Council shall make the following findings, where applicable:
(1) The use will not create an excessive burden on existing parks, schools, streets, and other public facilities and utilities that serve, or are proposed to serve, the area;
(2) The use will be sufficiently compatible, or separated by distance or screening, from adjacent residentially zoned, or used, land so that existing homes will not be depreciated in value, nor will the use deter development of vacant land;
(3) The structure and site have an appearance that will not have an adverse effect upon adjacent residential properties;
(4) The use is reasonably related to the overall needs of the city, and to the existing land use;
(5) The use is consistent with the purposes of the zoning code, and the purposes of the zoning district in which the applicant intends to locate the proposed use;
(6) The use is not in conflict with policies of the city;
(7) The use will not cause traffic hazards or congestion;
(8) The use will not cause air, noise, water, or visual pollution; and
(9) Adequate utilities, access roads, drainage, and necessary facilities have been, or will be, provided.
(B) Additional conditions. In addition to the standards and requirements expressly specified in this chapter, the Council may impose additional conditions which it considers necessary to protect the surrounding area, and/or the community as a whole. These conditions may include, but are not limited to, the following:
(1) Increasing the required lot size or yard dimension;
(2) Limiting the height, size, or location of buildings;
(3) Controlling the location, and number, of vehicle access points;
(4) Increasing the street width;
(5) Increasing the number of required off-street parking spaces;
(6) Limiting the number, size, location, or lighting of signs;
(7) Requiring diking, fencing, screening, landscaping, or other facilities to protect adjacent, or nearby, property;
(8) Designating sites for open space;
(9) Imposing time limitations on the use;
(10) Modifications of waste treatment and water supply facilities;
(11) Limitations on period of use, occupancy, and operation;
(12) Imposition of operational controls, sureties, and deed restrictions;
(13) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures; and
(14) Flood proofing measures, in accordance with the State Building Code and this chapter. The applicant shall submit a plan, or document, certified by a registered, professional engineer, or architect, that the flood proofing measures are consistent with the regulatory flood protection elevation, and associated flood factors for the particular area.
(C) Procedure. The procedure for obtaining a special use permit is as follows:
(1) The property owner, or his or her agent, shall meet with the Zoning Administrator to explain the situation, learn the procedures, and obtain an application form;
(2) The applicant shall file the completed application form, together with the required exhibits, with the Zoning Administrator, and shall pay a filing fee as established by the Council. If the application and submittals are complete, this date shall be the official submission date. If the application, or submittals, are not complete, the Zoning Administrator will notify the applicant of the deficiencies within ten days;
(3) The Zoning Administrator shall transmit the application to the Planning and Zoning Commission, and shall notify all property owners within 350 feet of the outer boundaries of the property in question. However, failure of any property owner to receive the notification shall not invalidate the proceedings;
(4) The Zoning Administrator shall set the date for a public hearing, and shall have notice of the hearing published at least once in the legal newspaper, not less than ten days, and not more than 30 days, prior to the hearing;
(5) The Planning and Zoning Commission shall hold the public hearing, and then shall study the application to determine possible adverse effects of the proposed special use, and to determine what additional requirements may be necessary (approval, denial, or approval with special conditions) to the Council within 30 to 40 days of the official submission date;
(6) The Council shall take appropriate action on the request for a special use permit within 20 to 30 days of receiving the recommendations by the Planning and Zoning Commission, or, ultimately, within 60 days of the official submission date. If it grants the special use permit, the Council may impose conditions (including time limits) it considers necessary to protect the public health, safety, and welfare, and the conditions may include a time limit for the use to exist, or operate;
(7) Where a special use permit has been issued pursuant to the provisions of this chapter, the permit shall become null and void without further action by the Planning and Zoning Commission, or the Council, unless work thereon commences within one year of the date of granting the special use. The special use permit shall not be assignable. A special use permit shall be deemed to authorize one particular use, and shall expire if the use is discontinued for more than six consecutive months;
(8) In the event that the applicant violates any of the conditions set forth in this permit, the Council shall have the authority to revoke the special use permit;
(9) If an applicant requests that a special meeting be scheduled, the applicant shall bear the full cost for the special meeting. The fee for special meetings shall be set by the Council; and
(10) No application of a property owner for a special use shall be considered by the Planning and Zoning Commission within a one-year period following a denial for such a request, except the Planning and Zoning Commission may permit a new application if, in its opinion, new evidence, or a change in circumstances, warrants it.
(Prior Code, § 11.80)