(A) This chapter divides this municipality into various districts, and permits in each district only those uses which are clearly compatible with one another. It is recognized, however, that there are special uses which, because of their unique characteristics, can only be classified in any particular district upon consideration in each case of the impact of those uses upon neighboring land and uses, and for the public need for the particular uses at the particular location. Such uses fall into three (3) categories:
(1) Uses publicly operated or traditionally affected with public interest;
(2) Uses entirely private in character, but of such an unusual nature that their operation may give to unique problems with respect to their impact upon neighboring property, public facilities, or the city as a whole; and
(3) Uses, either public or private, that because of past or present conditions, need special consideration.
(B) Application.
(1) Every application for a special use shall be filed on forms provided by the Building Inspector who shall review the application and initiate a permanent record thereof.
(2) In addition to the required application form, the Building Inspector shall require the applicant to submit a site plan, drawn to scale, showing the actual ground area, height and bulk of all existing and proposed buildings and structures, the lot lines and dimensions, the location of any signs, easements, underground utilities, septic tanks, tile fields, and water wells; the names and locations of adjoining streets; and the location of driveways and off-street parking areas in relation to those streets.
(3) After the final site plan has been completed and approved, it shall become a permanent site plan and shall not be modified, nor shall any additions be made thereto, except with the applicable provisions of this section.
(4) The Building Inspector shall promptly forward copies of the application form and all attachments and relative documentation to the Chairman and members of the Planning Commission.
(C) Hearing. The Planning Commission shall hold a public hearing on any application for a special use permit not later than 30 days after its filing. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney.
(D) Notice.
(1) Notice of the public hearing shall be given not more than 30 nor less than 15 days before the hearing:
(a) By first class mail to the applicant and to every owner of property adjacent to the premises for which the special use permit is requested; and
(b) By publication in a newspaper of general circulation within this municipality.
(2) This notice shall indicate the time, date, and place of the hearing, the particular location for which the special use permit is requested, and the nature of the proposed special use.
(E) Standards for issuance. The Planning Commission shall not make a recommendation to the City Council to grant any special use permit unless, in each specific case, the Planning Commission has found that:
(1) The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public’s health, safety, morals, comfort or general welfare;
(2) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
(3) The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
(4) Adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided;
(5) Adequate measures have been or will be taken to provide ingress and egress so designated as to minimize traffic congestions in the public streets;
(6) Adequate measures have been taken or will be taken to protect any facilities near the proposed special use, such as a school or nursing home, that may require special protection.
(7) The special use shall in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendation of the Planning Commission.
(8) The special use, as conditioned, is in keeping with the general purposes of this chapter and the Troy Growth Management Plan.
(F) Finding of fact, recommendation.
(1) The Planning Commission may recommend approval or denial of the application for special use permit by simple majority vote.
(2) The Planning Commission shall submit such recommendation, including the reason or reasons for the recommendation, in writing to the City Council within a reasonable time, but in no event shall that recommendation be submitted more than 30 days after the public hearing on the application for special use permit.
(3) The recommendation so submitted, shall be accompanied by findings of fact referring to any exhibits containing plans and specifications for the proposed special use, copies of which shall remain a part of the permanent record of the Planning Commission, and specifying the following:
(a) The extent to which the proposed special use departs from the zoning and subdivision regulations of the city;
(b) The conformance or nonconformance of the proposed special use with the standards for issuance section;
(c) The relationship and the compatibility of the proposed special use to adjacent properties and neighborhoods; and
(d) The effect of the proposed special use on the development pattern, tax base, and economic well being of the city.
(4) (a) Special conditions, if any, shall be contained within the recommendation, but clearly set forth in a conclusion or a statement separate from the Planning Commission’s findings.
(b) In recommending that a special use permit be granted, the Planning Commission shall stipulate if the permit is transferable to successive owners of the property in question, or if the permit is not transferable to any other person or any other property.
(G) Action by the City Council.
(1) The City Council shall not act upon a proposed special use permit application until it has received and reviewed a written recommendation and findings of fact from the Planning Commission.
(2) (a) The City Council may, by simple majority vote, grant or deny any special use permit for which an application has been submitted, and on which a public hearing has been held, regardless of the recommendation from the Planning Commission.
(b) The favorable vote of at least two-thirds of the members of the City Council is required to pass an amendment to this chapter in each of the following instances:
1. When passage would be contrary to the recommendation of the Planning Commission.
2. When the amendment is opposed, in writing, by the owners of twenty 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered.
(3) The City Council, having voted to grant any special use permit, shall adopt the permit in ordinance form, at their next regularly scheduled meeting.
(H) Effect of denial. No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof that conditions then exist which did not exist prior to the submission of the application and which are found to be valid by the City Council.
(I) Duration of permit.
(1) Any ordinance granting a special use permit shall be invalid one year from the date of its passage and approval by the City Council, unless the special use, as permitted, has been substantially implemented by the applicant.
(2) The City Council shall require any special use permit which is issued, to stipulate the conditions of its duration if the property is sold to another person.
(Ord. passed - - )