The city council by special use permit after public hearing, and subject to such protective restrictions as it deems necessary, may authorize the location, extension, or structural alteration of any one of the buildings or uses listed in each district as a special use. Special use permits shall be issued to tenants and operators. (Ord. 6734, 6-11-2003)

   A.   Applications: Applications for special permits for new construction, extensions or alterations of existing uses and uses previously authorized by this title, with site plan and necessary descriptive material relating to the intensity and extent of use, shall be made to the city council who shall forthwith refer the application to the city plan commission to investigate and report as to the effect of such building or use upon the comprehensive plan, traffic and fire hazards, the character of the neighborhood and the general welfare of the community. A public hearing shall be held in relation to said plan before the city plan commission, notice and publication of the time and place for which shall conform to the procedure prescribed in section 11-14-4 of this title. A report and recommendation shall be filed with the city council within sixty (60) days of the day of reference to said plan commission. If no report is transmitted by the city plan commission within sixty (60) days of referral, the city council may take action without further awaiting such report. (Ord. 6734, 6-11-2003)

   B.   Fee: Persons applying for special permits shall deposit with the city clerk the sum of two hundred fifty dollars ($250.00) to cover the approximate cost of this procedure and under no condition shall said sum or any part thereof be refunded for failure of such proposed application to be granted. Applications, fees and other pertinent materials shall be submitted to the city clerk simultaneously. (Ord. 6734, 6-11-2003; amd. Ord. 7438, 12-17-2014)

In considering whether or not such application for a special use permit should be granted, it shall be the duty of the plan commission and the city council to give consideration to the effect of the requested use on the following:

   A.   Whether the proposed special use is consistent with the city's comprehensive plan, and will not impede normal, orderly development of the neighborhood.

   B.   The compatibility with surrounding uses and compatibility with the surrounding neighborhood, including any substantial impact on property values.

   C.   The comparative size, floor area, mass, and general appearance of the proposed structure in relationship to adjacent structures and buildings in the surrounding properties and neighborhood.

   D.   The amount of traffic movements generated by the proposed use and the relationship to the amount of traffic on abutting streets and on minor streets in the surrounding neighborhood in terms of the street's capacity to absorb the additional traffic and any significant increase in hourly or daily traffic levels.

   E.   The added noise level created by activities associated with the proposed use and the impact of the ambient noise level of the surrounding area and neighborhood.

   F.   The impact of night lighting in terms of intensity, duration, and frequency of use as it impacts adjacent properties and in terms of presence in the neighborhood.

   G.   The impact of the landscaping of the proposed use in terms of landscaped areas, buffers, and screens.

   H.   The potential for the proposed use to remain in existence for a reasonable period of time and not become vacant or unused. Consideration should also be given to unusual single purpose structures or components of a more temporary nature.

   I.   Whether there are any facilities near the proposed use (such as schools or hospitals) that require special protection.

   J.   The effect of the requested use on the health, safety, morals, and general welfare of the residents of the area in the vicinity of the property in question and the residents of the city generally. (Ord. 6734, 6-11-2003)

   A.   The city council may institute a rezoning or an extension (all or any part) of a special use permit if any approved special use permit granted by the city council is not exercised and put into use within twelve (12) months of the date of approval.

   B.   The city council, after a public hearing, may revoke a special use permit for failure of compliance with the regulations and restrictions of this zoning ordinance or the requirements of the special use permit. (Ord. 6734, 6-11-2003)

A party shall not initiate the same action for a special use affecting the same land more often than once every eighteen (18) months. (Ord. 6734, 6-11-2003)