A.   Contents Of Application: An application for a special use permit shall contain at least the following information:

      1.   Name, address and telephone number of applicant.

      2.   Description of property involved.

      3.   Description of existing use.

      4.   Existing zoning.

      5.   Description of proposed use.

      6.   A plan of the site for the proposed special use showing the location of all existing and proposed buildings, parking and loading areas, traffic access and circulation, open space, landscaping, refuse and service areas, utilities, signs, yards and other such information as the commission may require to determine if the proposed special use meets the intent and requirements of this title.

      7.   A narrative statement evaluating the effects on adjoining property, the effect on the environmental elements such as noise, glare, odor, fumes and vibration on adjoining property and a discussion of the general compatibility with adjacent and other property in the district.

      8.   The names and mailing addresses of all property owners whose property is within an area bounded by lines three hundred feet (300') from the boundaries of the property on which the special use is being proposed. (Ord. 105, 1-7-1989)

The commission shall hold at least one public hearing prior to making a decision on a special use permit. Notice of hearing shall be given pursuant to standards outlined in section 5-10-3 of this title. (Ord. 172, 3-3-2005)

   A.   Within thirty (30) days after the public hearing, the commission shall either approve, conditionally approve, disapprove the application as presented or delay such decision for a definite period of time for further study. If the request is approved or approved conditionally, the commission shall issue a special use permit listing the conditions that must be complied with to maintain commission approval. (Ord. 172, 3-3-2005)

Conditions which may be attached to a permit may include, but are not limited to:

      1.   Minimizing adverse impact on surrounding property.

      2.   Controlling sequence and timing of the development.

      3.   Controlling the duration of the development.

      4.   Assuring the development is properly maintained.

      5.   Designating the exact location and nature of the development.

      6.   Requiring the provision for on site and off site public facilities or services.

      7.   Requiring more restrictive standards than those generally required by ordinance. (Ord. 105, 1-7-1989)

   B.   Upon granting or denying the application, the commission shall specify: (Ord. 172, 3-3-2005)

      1.   The ordinance and standards used in evaluating the application.

      2.   The reasons for approval or denial.

      3.   The actions, if any, that the applicant could take to obtain a permit. (Ord. 105, 1-7-1989)

   C.   In granting any special use, the commission may prescribe appropriate conditions, bonds and safeguards in conformity with this title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the special use is granted, shall be deemed a violation of this title. (Ord. 172, 3-3-2005)

The commission shall review the particular facts and circumstances of each proposed special use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: (Ord. 172, 3-3-2005)

   A.   Will, in fact, constitute a special use as established on the conditional use schedule for the zoning district involved.

   B.   Will be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan and/or this title.

   C.   Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area.

   D.   Will not be hazardous or disturbing to existing or future neighboring uses.

   E.   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools, or that persons or agencies responsible for the establishment of the proposed use will be able to provide adequately any such services.

   F.   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.

   G.   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

   H.   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.

   I.   Will not result in the destruction, loss or damage of a natural, scenic or historical feature of major importance. (Ord. 105, 1-7-1989)

   A.   To benefit from the issuance of a special use permit, preliminary construction or operation must be commenced within six (6) months of approval. An applicant may request a maximum of two (2) extensions of six (6) months each. Failure to receive a time extension or to commence construction or operation before an established time limit shall automatically invalidate permit approval. (Ord. 105, 1-7-1989)

   B.   A special use permit shall not be completely validated until the conditions required pursuant to section 5-7-4 of this chapter are met. Permit approval may be revoked after the commission holds a public hearing and reviews a permit and determines the permit conditions are not being met. (Ord. 105, 1-7-1989; amd. Ord. 172, 3-3-2005)

Appeals of the commission decision shall be forwarded to the city council for public hearing and determination in accordance with Section 1-11-1. (Ord. 172, 3-3-2005; amd. Ord. 264, 3-5-2020)