The purpose of a special use permit is to:

(1)

Provide for uses that require specific consideration in each case because of the nature of the use and its impact on adjoining tenants or residences, the adjacent property and neighborhood or the City in general.

(2)

Establish specific design standards and restrictions on the operation of the use to mitigate potential adverse effects on surrounding properties.

(3)

Provide a regulatory mechanism to ensure compliance with the established design standards and conditions.

(Ord. 734 §1, 2009)

Special uses are land uses that are considered by the City to be desirable or convenient to the community but which, by their nature or operation, have:

(1)

A tendency to generate excessive traffic;

(2)

A potential for attracting a large number of persons, thus creating noise or other pollutants;

(3)

A detrimental effect upon the value or potential development of other properties in the neighborhood; and/or

(4)

An extraordinary potential for accidents or danger to public health and safety.

(Ord. 734 §1, 2009)

A special use permit application may be filed by:

(1)

The owner or owners of record of the property upon which the activity will be conducted;

(2)

A contract purchaser of the property upon which the activity will be conducted;

(3)

A lessee or tenant of the property upon which the activity will be conducted. Said lessee or tenant shall submit written verification to the Community Development Director from the owner or owners of the subject tract authorizing the application for the special use permit and the activity to be conducted thereby; or

(4)

The authorized representative of an owner, contract purchaser, lessee or tenant.

(Ord. 734 §1, 2009; Ord. No. 844, § 1, 4-9-2018)

(a)

Preapplication conference. Prior to submission of an application for a special use permit, the applicant shall schedule a preapplication conference with the Community Development Director.

(b)

Submittal requirements. An application for a special use permit for a specific tract of land shall be submitted to the Community Development Director and shall include the following:

(1)

Application form. Completion of an application form supplied by the Community Development Director, including all supplemental information required by the form.

(2)

Fees. The application shall be accompanied by an application fee in an amount as established by the City Council from time to time. Additionally, the applicant shall be required to execute a cost agreement to defray the City's actual costs for planning, engineering, legal and other costs incurred by the City in connection with the application.

(3)

Legal description. An accurate legal description of the property included in the application.

(4)

Narrative. A detailed description of the use for which the special use permit is sought, including but not limited to:

a.

General project concept and purpose of the request;

b.

Hours of operation;

c.

Proposed development timeline;

d.

Narrative summary of traffic patterns and demands;

e.

Employment levels;

f.

Management plans with respect to the demands of the use upon public services and facilities;

g.

How the proposed use relates to the existing use of the subject property and the zoning and uses of adjacent properties, including statements describing areas of compatibility and conflict and the mitigation measures to be utilized;

h.

How the proposal complies with the City's Comprehensive Plan;

i.

Any other governmental approvals or permits required to conduct the activities for which a special use permit is sought; and

j.

Other information as may be requested by the Community Development Director, Planning Commission or City Council.

(5)

Traffic impact analysis.

a.

The Community Development Director shall determine whether a traffic impact analysis is necessary based on information presented at the preapplication conference.

b.

A traffic impact analysis is required for any application for motor vehicle-oriented uses, such as uses providing a drive-through or drive-up window.

c.

The specific requirements of the traffic impact analysis shall be determined by the Community Development Director with technical review provided by the City Engineer, if determined necessary by the Community Development Director.

(6)

Site plan. A site plan, which shall contain not less than the information required for site plan review as established in Article 24 of this Chapter.

(Ord. 734 §1, 2009; Ord. No. 844, § 1, 4-9-2018)

At the preapplication conference, the Community Development Director may determine that one (1) or more of the application requirements are unnecessary for the purposes of review and approval and may waive or modify any such requirements.

(Ord. 734 §1, 2009; Ord. No. 844, § 1, 4-9-2018)

All public hearings shall be conducted in accordance with procedures designed to ensure all interested parties due process of law and shall, in all cases, provide for the following:

(1)

The Planning Commission shall provide to the City Council a recommendation on the application. A public hearing before the Planning Commission shall be held prior to submitting its recommendation or report. The City Council shall then hold a public hearing on the application.

(2)

Notices of time, place and subject matter of the hearing shall be provided in accordance with Section 16-14.5 of this Chapter.

(Ord. 734 §1, 2009; Ord. 937, §12, 2023)

The applicant shall have the burden of proof to clearly establish at the public hearings that the proposed special use meets the following criteria and is otherwise in compliance with this Article:

(1)

Consistency. The special use is deemed consistent with good planning practice in that it:

a.

Advances the goals, objectives and policies of the Comprehensive Plan;

b.

Advances the purpose and intent of the underlying zoning district; and

c.

Meets the requirements contained in this Chapter for the specific use.

(2)

Operational impacts. The special use will be operated in a manner that is not detrimental to other uses in the district or in adjoining or nearby districts. In determining the impacts of the proposed use on surrounding properties, the following factors shall be considered:

a.

Noise;

b.

Odor;

c.

Traffic;

d.

Operational schedule; and

e.

Other similar factors related to the nature of the operation.

(3)

Visual impacts. The special use will be developed and operated in a manner that is both visually compatible with the permitted uses in the surrounding area and protects or enhances the public viewshed. In determining the visual impact of the proposed use on surrounding properties, the following factors shall be considered:

a.

Density. Either the number of units and/or site coverage in respect to the immediate neighborhood.

b.

Massing and scale. The location, floor area and/or height of the structures associated with the proposed special use.

c.

Screening and buffers. The use of landscaping, fencing, setbacks or other design features to mitigate the visual impact of the proposed special use.

(4)

General welfare. The special use is deemed essential, convenient or desirable to preserve and promote the public health, safety and general welfare of the City and its residents.

(5)

Infrastructure. Adequate facilities either exist or will be provided, including, but not limited to:

a.

Access;

b.

Parking and loading;

c.

Emergency services;

d.

Utilities; and

e.

Drainage.

(6)

Additional use standards for minor motor vehicle service facilities. Overnight outdoor storage of vehicles shall be limited to the number of service bays and overnight outdoor storage of any vehicle shall not exceed a 24-hour period.

(Ord. 734 §1, 2009; Ord. 940, §9, 2023; Ord. 991 §7, 2025)

(a)

Within sixty (60) days after filing a complete application and any required materials, notice shall be provided and the Planning Commission shall hold a public hearing unless the applicant requests or consents to a longer period of time. Upon completion of the hearing, the Planning Commission shall, after Commission discussion, vote on the matter.

(b)

The Planning Commission may vote to recommend either approval, approval with modifications or denial of the application. In recommending approval with conditions, the Planning Commission shall impose such conditions it determines necessary. Said conditions shall include, but not be limited to, the following:

(1)

Special uses;

(2)

Minimum requirements for final site plan;

(3)

Maximum floor area;

(4)

Height limitations;

(5)

Minimum yard requirements;

(6)

Access and roadway improvements adjacent to the site;

(7)

Off-street parking and loading requirements;

(8)

Lighting regulations;

(9)

Sign regulations;

(10)

Stormwater and sanitary sewer requirements;

(11)

Landscaping requirements;

(12)

Architectural treatments;

(13)

Operational schedule;

(14)

Performance standards; and

(15)

Time limitations for commencement of construction or expiration of permit.

(Ord. 734 §1, 2009)

The findings of fact and conclusions and recommendations of the Planning Commission, responses to referrals and recommendations of Planning staff shall be submitted to the City Clerk immediately after the final decision of the Planning Commission and shall become a part of the record of the case before the City Council hearing. The same shall be considered to be a public record and available in the office of the City Clerk for examination by any person from the time of filing during regular business hours, including the members of the City Council.

(Ord. 734 §1, 2009)

(a)

Upon completion of the hearing, the City Council shall, after discussion, vote on the matter.

(b)

The Council shall vote to approve, approve with modifications or deny the application. If the Council approves an application with modifications, the applicant shall, within six (6) months following the date of approval with conditions, make such modifications to the required text, maps, studies, etc., before the Mayor shall sign any necessary approval blocks. If timely submission of all items is not made, a public hearing will be scheduled before the City Council, at which hearing the City Council will reconsider its approval of the special use permit. Written notice of such hearing shall be provided to the applicant and published as required by this Code. No extension of the time period set forth in this Subsection (b) may be granted except by resolution adopted by the City Council.

(Ord. 734 §1, 2009; Ord. 976 §1, 2025)

The special use permit shall become effective upon approval by the City Council in accordance with the procedures of this Code. In the event that an application for a special use permit is filed in conjunction with a change of zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change. In the event that additional approval is required by some other governmental authority or agency, the permit shall not become effective until that approval is received.

(Ord. 734 §1, 2009)

No building permits or authorization for construction of any improvements or other development for the special use shall be issued prior to approval of the required final site plan. Application for a final site plan shall be submitted to the Community Development Director in accordance with Article 24 of this Chapter and shall contain the minimum requirements established in the conditions governing the special use permit.

(Ord. 734 §1, 2009; Ord. No. 844, § 1, 4-9-2018)

No amendments, revisions or other variations to the special use permit as approved by the City Council may be made, except as follows:

(1)

An eligible applicant under Section 16-372 of this Article may submit a written request to amend or modify a special use permit. The Community Development Director shall review and evaluate the request for consistency in purpose and content with the nature of the proposal as originally presented at the public hearings before the Planning Commission and City Council.

(2)

If the Community Development Director, in his or her sole discretion, finds that the requested amendment or modification is generally consistent with the purpose and content of the special use permit application as heard by the Planning Commission and City Council, the Community Development Director may grant an administrative amendment. The Community Development Director shall advise the Planning Commission and City Council by written memorandum of any administratively approved amendment or modification to a special use permit.

(3)

Amendments and modifications other than those approved administratively in accordance with Paragraph (2) above shall be reviewed and presented at public hearings under the same procedures and requirements as specified for the initial application of a special use permit.

(Ord. 734 §1, 2009; Ord. No. 844, § 1, 4-9-2018)

(a)

Special use permits for temporary recreational vehicle parking shall only be issued for property located within the light industrial (I-1) or civic and open space (COS) zone districts. Except as provided in Section 8-4(4) of this Code, it is unlawful for any person to cause or permit the overnight sleeping in a recreational vehicle without a special use permit having first been issued or otherwise not in conformance with this Section.

(b)

An application for a special use permit for temporary recreational vehicle parking must include either an approved event permit issued pursuant to Chapter 11, Article 3 of this Code or an application for an event permit. No special use permit for temporary recreational vehicle parking will be issued except in conjunction with an approved event permit and temporary recreational parking will only be permitted on dates specified in the event permit.

(c)

Regardless of the duration of the event authorized by an event permit, temporary recreational vehicle parking authorized in conjunction with such event shall not exceed three (3) consecutive days at a time. For purposes of the limitation in this subsection, event days shall be deemed "consecutive" unless there are at least three (3) days between events.

(d)

Only recreational vehicles may be authorized by a special use permit to park overnight in connection with an event for which an event permit has been issued. As used in this Section, "recreational vehicle" shall include travel trailers, camper pick-up coaches, toy haulers, and motorized homes, provided all requirements of this Section are met by such vehicle. No tent camping or temporary housing structures such as tiny homes shall be authorized.

(e)

No temporary or permanent utilities, facilities or amenities, including ,but not limited to, water or electric hook-ups or a dump station, shall be permitted, except as specifically authorized in the special use permit. It is strongly encouraged that recreational vehicles to be parked overnight pursuant to a special use permit be self-contained and feature onboard sanitation facilities, since the special use permit will not authorize any kind of temporary or permanent utilities. "Self-contained" as used in this Section means the recreational vehicle has onboard water storage, a cooking stove, a water or chemical toilet permanently attached to a black water holding tank, and a permanently installed holding tank for gray or black water.

(f)

No open fires, including, but not limited to, camp fires, fire pits or barrel fires, shall be permitted.

(g)

Areas occupied by recreational vehicles and access aisles, driveways, and roads must be constructed of an all-weather surface that allows for emergency vehicle access.

(h)

Recreational vehicles may not be stored on site.

(i)

A special use permit for temporary recreational vehicle parking issued pursuant to this Article shall not be transferable and shall only be valid on the dates authorized by the event permit.

(j)

A special use permit for temporary recreational vehicle parking may be revoked by the City Council, following notice and an opportunity for a hearing, for any condition that would violate the criteria set forth in Section 16-376, including, but not limited to, rowdiness, undue noise, or other activity offensive to the senses of the average citizen, or to nearby businesses or residents of the neighborhood.

(k)

Following issuance of a special use permit for temporary recreational vehicle parking pursuant to this Article, the City Clerk may administratively approve renewals of the temporary recreational parking permit for subsequent years on dates that correspond to an approved event permit, under the following conditions:

(1)

An event permit has been issued by the City for such subsequent year;

(2)

There were no violations of the terms or conditions of either the event permit or the temporary recreational vehicle parking permit in a prior year;

(3)

There is no increase in the number of days for which temporary recreational vehicle parking will occur in conjunction with the event in the subsequent year; and

(4)

There is no increase in the areas to be occupied by recreational vehicles.

(Ord. 899 §4, 2021; Ord. No. 959, §1, 2024)