All applications for a special land use permit or variance, within the applicable zoning district shall be reviewed by the city commission for approval, approval with districts shall be reviewed by the city commission for approval, approval with modifications, or conditions, or disapproval of such use within the applicable zoning district.

The application shall be submitted in writing and shall be consistent with the provisions of this article on a form to be promulgated by the city clerk and approved by the city commission. Such application shall consist of information necessary for the city commission to make a determination regarding the special exception request, including, but not limited to the following:

(1)

The name and mailing address of the applicant and the name and the mailing address of the owner, if different.

(2)

The location of the subject property within the zoning district.

(3)

The proposed use or variance being requested by the applicant.

(4)

A site plan showing the preliminary proposed siting of structures or use on the subject property.

(5)

The planned density of the proposed use or variance, expressed in terms of dwelling units or hotel/motel rooms per net acre or total square footage per net acre.

(6)

A narrative addressing the consistency of the proposed use or variance with the character and purpose of the zoning district in which it would be located.

(7)

Any relevant information regarding the impact of such proposed use or variance consistent with this chapter.

(8)

The consistency of the proposed use or variance with the master plan and

(9)

Other such information as may be requested by the city commission prior to or during the public hearing and/or city commission meeting at which such application will be reviewed.

(Res. No. 2025-1, 2-10-2025)

Prior to the granting of a special use permit or a variance, the city commission shall conduct a public hearing on the application and shall so advise any property owner or occupant of any structure located within 300 feet of the property being considered for a special use or variance. Notice of the public hearing shall be published in a newspaper that circulates in the city.

(Res. No. 2025-1, 2-10-2025)

(a)

Special use permit. Within each zoning district, uses permitted by special use shall be permitted after review and approval by the city commission only if the applicant shall demonstrate that:

(1)

The proposed use is compatible with and in accordance with the general principles and future land use configuration of the master plan for the city and shall promote the intent and purpose of this article (any conflict between this chapter and such plan shall be resolved in favor of this chapter);

(2)

The location, scale, and intensity of the prosed use shall be compatible with adjacent uses and zoning of land;

(3)

The proposed use shall be designed, constructed, operated, and maintained so as to assure long-term compatibility with surrounding land users;

(4)

The use conforms to all applicable city, state and federal regulations;

(5)

The use is not detrimental to the public health, safety or general welfare;

(6)

The use is appropriately located with respect to adequate transportation facilities, water and sewer supply, fire and police protection, waste disposal and similar applicable services; and

(7)

The use shall be compatible with the existing neighborhood character and consistent with the character and purpose provision for the applicable zoning district and shall not adversely affect surrounding land uses.

(8)

Approval of a special land use permit and site plan may be revoked by the city commission if construction is not in conformance with the approved plans, or if the special use is not in compliance with all conditions and/or restrictions attached to the granting of the special use permit. In such case, the city shall place the special use on the agenda for a regular meeting of the city commission for consideration and shall give written notice to the applicant at least five days prior to the meeting. The applicant shall be given an opportunity to address the charged violations and answer board questions.

(9)

Any special use not implemented within six months of the date of approval shall automatically lapse and maybe revoked by the city commission upon written notice to the applicant. Additionally, any special use granted upon a property, which is then not at use at any future time for a period of six months or more may be revoked by the city commission upon written notice to the applicant. In such case, the city shall place the special use on the agenda for a regular meeting of the city commission for consideration and shall give written notice to the applicant at least five days prior to the meeting. The applicant shall be given an opportunity to address the charged violations and answer board questions.

(b)

Variance. A variance may be permitted after review and approval by the city commission only if the applicant shall demonstrate that:

(1)

The proposed use is compatible with and in accordance with the general principles and future land use configuration of the master plan of the city and shall promote the intent and purpose of this article (any conflict between this chapter and such plan shall be resolved in favor of this chapter);

(2)

The location, scale, and intensity of the proposed use shall be compatible with adjacent users and zoning of land;

(3)

The use shall be compatible with the existing neighborhood character and consistent with the character and purpose provision for the applicable zoning district and shall not adversely affect surrounding land uses.

(4)

The use is appropriately located with respect to adequate transportation facilities, water and sewer supply, fire and police protection, waste disposal and similar applicable services;

(5)

Whether the property can be put to reasonable use without the variance;

(6)

Whether the need for the variance was caused by the applicants own actions.

(c)

Written findings and decision. The city commission, after review of the special exception application and the public hearing, shall make a written finding and give its approval, approval with modifications or conditions, or disapproval to the special exception request, if approval, or approval with modifications or conditions is granted, the decision shall be communicated in writing to the applicant and the applicant shall thereby be authorized to submit a development plan application.

(Res. No. 2025-1, 2-10-2025)