This chapter divides the city into various districts, and permits in each district as a matter of right only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation and other factors. Such special uses require careful case-by-case review, and may be allowed only by permission of the Council. Any special use permit approved expires in one year unless substantial development (in excess of 80%) has been completed.

(1960 Code, § 60-11-1) (Ord. 6338, passed 10-1-2001)

   (A)   General. Every applicant for a special use permit shall submit to the Administrator, in narrative and/or graphic form, the items of information enumerated below. The Administrator shall prepare an advisory report on every request for a special use permit. He or she shall promptly transmit the completed application and his or her advisory report to the Zoning Board of Appeals.

   (B)   Items of information.

      (1)   Name and address of the applicant;

      (2)   Name and address of the owner or operator of the proposed structure or use, if different from divisions (B)(1) above;

      (3)   Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees and similar matters;

      (4)   Location of the proposed use or structure, and its relationship to existing adjacent uses or structures;

      (5)   Area and dimensions of the site for the proposed structure or uses;

      (6)   Existing topography of the site (U.S.G.S. ten-foot contour data is acceptable), and proposed finished grade;

      (7)   Existing and proposed screening, landscaping and erosion-control features on the site, including the parking area;

      (8)   Height and setbacks of the proposed structure;

      (9)   Number and size of proposed dwelling units, if any;

      (10)   Location and number of proposed parking/loading spaces and access ways;

      (11)   Identification and location of all existing or proposed utilities, whether public or private; and/or

      (12)   Any other pertinent information that the Administrator may require.

(1960 Code, § 60-11-2)

   The Zoning Board of Appeals shall hold a public hearing on every special use permit application within a reasonable time after said application is submitted to it. At the hearing, any interested party may appear and testify, either in person or by duly-authorized agent or attorney. Notice indicating the time, date and place of the hearing and the nature of the proposed special use shall be given not more than 30, nor less than 15, days before the hearing:

   (A)   By registered mail to the applicant and to all parties whose property abuts the proposed special use;

   (B)   By publication in a newspaper published within the city; and

   (C)   By placement of a temporary sign on the subject property and the property owner shall grant authorization for said placement.

(1960 Code, § 60-11-3) (Ord. 7537, passed 10-3-2011)

   (A)   Within a reasonable time after the public hearing, the Zoning Board of Appeals shall submit its advisory report to the Council.

   (B)   In deciding what its advice should be, the Zoning Board of Appeals shall consider the following factors:

      (1)   Whether the proposed design, location and manner of operation of the proposed special use will adequately protect the public health, safety and welfare, and the physical environment;

      (2)   Whether the proposed special use is consistent with the city’s Comprehensive Plan;

      (3)   The effect the proposed special use would have on the value of neighboring property and on the city’s overall tax base;

      (4)   The effect the proposed special use would have on public utilities and on traffic circulation on nearby streets; and

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

(1960 Code, § 60-11-4)

   The Council shall act on every request for a special use permit at its next regularly scheduled meeting following submission of the Zoning Board of Appeals advisory report. Without further public hearing, the Council may approve or disapprove a special use permit by an ordinance passed by simple majority vote of all members than holding office. In a separate statement accompanying any such ordinance, the Council shall state its findings of fact, and indicate its reasons for approving (with or without conditions) or denying the request for a special use permit.

(1960 Code, § 60-11-5)

   (A)   Withdrawal of application. A petitioner may withdraw an application at any time prior to a final decision being rendered by the City Council. Such withdrawal shall not prohibit petitioner from being able to refile such application, but any such refiling shall be treated as an entirely new filing and shall be subject to all applicable procedures and fees within the city code in the same manner as any other new application.

   (B)   Repeated application. Where an application for a special use permit has been filed by or on behalf of the owner or owners of the property affected, no subsequent application requesting substantially the same relief, as determined by the city, shall be filed as to the same property within a period of six months following final action by the City Council subject to all applicable fees.

(1960 Code, § 60-11-6) (Ord. 7215, passed 1-5-2009)