1111.0706 Review and Decision-Making Criteria.

   In reviewing and making decisions on proposed Special Uses, review and decisionmaking bodies must consider at least the following factors:

   A.   Whether the proposed use meets the stated purpose of this Zoning Code (See Section 1101.0400);

   B.   Whether the proposed use complies with all applicable provisions of this Zoning Code;

   C.   Whether the proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other impacts associated with the use's operation);

   D.   How the proposed use will affect the value of other property in the neighborhood in which it is to be located;

   E.   Whether the City and other service providers will be able to provide sufficient public safety, transportation, and utility facilities and services to the subject property while maintaining sufficient levels of service for existing development; and

   F.   Whether the proposed use will have any adverse land or environmental impacts and, if so, whether those impacts can and will be mitigated.

(Ord. 170-04. Passed 3-23-04.)

1111.0707 Lapse of Approval.

   A.   A new Special Use Permit will lapse and have no further effect 1 year after its effective date unless:

      1.   a building permit has been issued and construction diligently pursued;

      2.   a Certificate of Use and Occupancy has been issued;

      3.   the use is established; or

      4.   the City Council extends the expiration period by no more than 6 months upon request filed before the expiration of the 1 year period.

   B.   A new or existing Special Use Permit also lapses upon abandonment of a project or revocation of a building permit. A project is deemed abandoned if the use has been discontinued for a period of 1 year or more or if the permit holder notifies the Planning Director in writing that the project has been abandoned.

   C.   Use and occupancy permits for Special Uses are valid for the period established by the City Council or as long as the use is established and maintained in conformance with the plans submitted to and approved by City Council. This is in addition to any rescission of a use and occupancy permit based on Building Code violations.

   D.   If the ownership of the property transfers, or the operator of the special use changes, prior to the establishment of the special use, the new permit holder (owner or operator) must submit written notice to the Planning Director indicating knowledge of, and agreement with, all terms and conditions set forth in the Ordinance approving the Special Use Permit.

(Ord. 170-04. Passed 3-23-04; Ord. 345-10. Passed 6-22-10.)

1111.0708 Amendments to Approved Special Uses.

   Minor amendments to approved Special Use permits may be approved by the Planning Director. Major amendments require full review and approval in accordance with the procedures of this Section (Sec. 1111.0700).

   A.   An application will be considered a major amendment to an approved Special Use Permit when any of the following criteria are met:

      1.   an increase in building footprint size by more than 10 percent, cumulative;

      2.   an increase in the cumulative floor area by more than 10 percent or 1,500 square feet, whichever is less;

      3.   an increase in building height by more than 10 percent or 6 feet, whichever is less;

      4.   an increase in the cumulative impervious surface coverage by more than 10 percent or 2,000 square feet, whichever is less;

      5.   new uses, defined as uses falling under a different use category or use type in Sec. 1116.0200, or improvements not previously approved, extensive site modification involving location of buildings, razing and reconstruction of approved uses;

      6.   an increase in the number of dwelling units or residential occupancy by more than 10 percent;

      7.   for schools, a change in the hours of operation resulting in a shift of the majority of academic classes from daytime to evening or vice versa; or

      8.   the Planning Director determines that the proposed change will have impacts that warrant full review of the application in accordance with the customary Special Use procedures.

   B.   An application that is not classified as a major amendment will be considered a minor amendment.

(Ord. 170-04. Passed 3-23-04; Ord. 345-10. Passed 6-22-10.)

1111.0709 Successive Applications.

   When the City Council denies a special use application or the applicant withdraws an application after the first public hearing notice has been published in the newspaper, the Plan Commission staff may not accept or process another application for the same or similar special use affecting the same property or a portion of it until the expiration of a 1-year period, extending from the date of denial by the City Council or withdrawal by the applicant.

(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)

1111.0710 Appeals.

   Appeals of City Council decisions on Special Use permits may be taken to the courts, as provided by law.

(Ord. 170-04. Passed 3-23-04.)