(A) The City Council must follow quasi-judicial procedures for special use permits.
(B) Special use permits may be issued by the City Planning Director or his or her designee only after approval by the City Council, for the uses as designated in the table of regulations for special use permits. The petition for a special use permit and the accompanying plans shall be submitted to the City Planning Director or his or her designee. The application shall include all of the requirements pertaining to it as specified in this subchapter. The Planning Board may hear the application and forward its recommendations to the City Council within 30 days after its review of the application. However, it should be noted that no part of the forum or recommendation may be used as a basis for the decision by the City Council.
(C) The City Council shall give notice of and conduct a quasi-judicial public hearing as outlined in § 155.266.
(D) The special use permit, if approved, shall include approval of plans. In approving the permit, the City Council shall find:
(1) The use will not materially endanger the public health, safety or general welfare if located where proposed and developed according to the plan as submitted and approved;
(2) The use meets the standards of this chapter;
(3) The use will not adversely affect the use or any physical attribute of adjoining or abutting property, or that the use is a public necessity; and
(4) The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located.
(E) In approving the special use permit, the City Council may designate such conditions in addition and in connection therewith as will, in its opinion, assure that the use in its proposed location will be harmonious with the area in which it is proposed to be located and with the spirit of this chapter. Site-specific conditions must be limited to those required for conformance to the city's development plan, applicable ordinances and/or to address project impacts. Conditions must not be imposed on special use permits that the city does not otherwise have statutory authority to impose. All additional conditions shall be entered in the minutes of the meeting at which the special use permit is granted and also on the special use permit approving, and on the approved plans submitted therewith. All conditions of the special use permit shall be binding on the original applicant, the heirs, successors and assigns. In order to ensure that the conditions and requirements for each special use permit will be fulfilled, the applicant and/or landowner must agree, in writing, to the conditions. The petitioner for the special use permit may be required to enter into a contract with the city providing for the installation of the physical improvements required as a basis for the issuance of the special use permit. Performance of the contract shall be secured by cash or surety bond which will cover the total estimated cost of the improvements as determined by the city; provided, however, that the bond may be waived by the City Council within its discretion. Requirements for development agreements and performance guarantees are outlined in § 154.069.
(F) If the City Council denies the permit, the reason for its action shall be entered in the minutes of the meeting at which the action is taken.
(G) In addition to the conditions specifically imposed by the City Council, special uses shall comply with the height, area and parking regulations of the zone in which they are located.
(H) Any modification or revocation of a special use permit shall follow the same process for approval as is applicable to the approval of a special use permit. Any modifications approved shall only be applicable to those properties whose applicants/landowners provide written consent for the modification.
(I) In the event of failure to comply with the plans approved by the City Council, or with any other conditions imposed upon the special use permit, the Planning Director or his or her designee shall issue a notice of violation in accordance with § 155.290 and if necessary, shall proceed with the revocation of the special use permit (§ 155.291) following the same process for its approval. However, no building permits for further construction nor a certificate of compliance under this special use permit shall be issued, and the use of all completed structures shall immediately cease and the completed structures not thereafter be used for any purpose other than a use-by-right as permitted by the zone in which the property is located.
(2009 Code, § 155.106) (Ord. passed 10-27-1992; Ord. passed 1-24-2006; Ord. 2017-O-50, passed 5-23-2017; Ord. 2021-Z-19, passed 6-22-2021)