A special use is a use that is not permitted by right in a zoning district. It is an approved use with conditions requiring a special use permit. A special use permit requires a public hearing, review, and approval by the planning and zoning commission to determine the impacts on the surrounding area. (Ord. 1000, 7-12-1999)

   A.   Applications: Applications for a special use shall include the following information:

      1.   Application and fees.

      2.   Comprehensive statement indicating the reasons for the request, the use of the property and a list of all improvements to be made.

      3.   Site plan to include:

         a.   Locations of existing and proposed structures including dimensions;

         b.   Property boundary;

         c.   Setbacks;

         d.   Parking requirements;

         e.   Zoning of applicant property and adjacent property within two hundred feet (200');

         f.   Width of rights of way, access easements and paving widths;

         g.   Existing and proposed vehicle traffic patterns. Circulation patterns to storage areas, service areas, loading areas and major points of access;

         h.   Utility easements;

         i.   Existing and proposed landscaping. Proposed buffer areas and open spaces;

         j.   Exterior and site lighting;

         k.   Signage;

         l.   List of all property owners and mailing addresses within two hundred feet (200') of the applicant property;

         m.   Location of proposed drainage structures;

         n.   Upon request of the planning and zoning commission, a drainage study and/or any other studies as may be recommended. (Ord. 1000, 7-12-1999)

   A.   Public Notice:

      1.   The planning and zoning commission shall notify all property owners within two hundred feet (200') of the applicant property by certified mail of the request for special use permit and the meeting date, time and location at which the application is to be considered.

      2.   Public notice shall be in accordance with public notice policy as set by the city council.

      3.   Signs conforming to city requirements shall be posted facing each means of public access bordering the applicant property. Signs shall be posted and maintained by applicant. Notarized certification of signs being posted continuously for twenty one (21) days prior to a planning and zoning commission meeting shall be provided by the applicant.

   B.   Public Hearings:

      1.   The planning and zoning commission shall hold a public hearing for all special use permits.

      2.   A representative of the applicant must be present at the planning and zoning commission meeting for review of the application to proceed. (Ord. 1000, 7-12-1999)

   C.   Approval:

      1.   The planning and zoning commission may recommend the approval of a special use permit, and may recommend that approval be granted under such conditions necessary to carry out the intent of this chapter and to protect the health, welfare and safety of persons and the value of property within the city.

      2.   All improvements to be made to property pursuant to a special use permit shall be approved only in accordance with the city's then existing development standards for the zoning district in which the subject property is located.

      3.   The planning and zoning commission is an advisory body, and the approval or disapproval of special use permits and variances related thereto will be determined by the city council. (Ord. 1010, 11-8-1999)

   A.   The planning and zoning commission may impose a time limit on the special use permit.

   B.   A special use permit shall be required to be resubmitted for approval should ownership of property change. Should a change of ownership occur with a special use permit in place, the resubmission of the special use permit shall be reviewed under the requirements in place at the time that the existing permit was approved.

   C.   Upon expiration of a special use permit, a new application for special use permit shall be required. The application shall be reviewed under the special use requirements in existence at the time of the new application. (Ord. 1000, 7-12-1999)

   A.   If a certificate of occupancy is not issued and/or business registration within two (2) years of the special use permit, the special use permit may be revoked by official action.

   B.   If a special use is discontinued for one year, the special use permit shall be revoked.

   C.   The city shall not be required to notify the landowner of any pending revocation or the change in status of the property due to action as referenced in subsections A and B of this section.

   D.   The property owner shall bear sole responsibility for reapplying, renewing or maintaining the special use permit in good standing. (Ord. 1000, 7-12-1999)

   A.   Minor Revisions:

      1.   Minor revisions staff shall recommend approval or denial to the city administrator shall include, but not be limited to:

         a.   Additional parking or landscaping.

         b.   Minor revisions to parking, landscaping, lighting and signage.

         c.   Minor revisions to size and orientation of structures.

      2.   The city administrator may approve with staff recommendation minor revisions to the site plan.

   B.   Major Revisions:

      1.   Major revisions to the special use permit shall require a public hearing and are subject to approval under the special use requirements in existence at time of submission for approval of revisions.

      2.   Major revisions shall include, but not limited to:

         a.   Any change in land use or intensity.

         b.   Modifications of traffic volumes or patterns.

         c.   Increase in size of subject property.

         d.   Change in location, size or configuration of structures. (Ord. 1000, 7-12-1999)

   A.   Upon approval by the planning and zoning commission, the special use permit shall be issued by staff and shall include all conditions, information, reference to site plan and all other provisions of the special use permit.

   B.   Staff shall indicate location of all special use permits on the official city zoning map by noting property with an "SU" designation and reference date of expiration if applicable. Special uses are not considered a zone change. (Ord. 1000, 7-12-1999)

   A.   General Conditions:

      1.   Access streets to applicant property shall be paved.

      2.   Access to applicant property shall be by primary streets or streets shown to be of principal service to commercial properties.

      3.   Parking areas shall be paved.

      4.   Municipal utilities shall be in place or extended to serve property.

      5.   A six foot (6') high visual barrier with twenty five foot (25') buffer area shall be required along any boundary common with residential or multi-family property.

      6.   Buildings and structures shall not exceed the height limits as established in sections 12-4J-4 and 12-7-1 of this title.

      7.   Transmission and power towers shall have one additional foot of setback from lot lines in excess of the established setback for zoning district for each foot of structure above thirty five feet (35'). (Ord. 1000, 7-12-1999)

      8.   Where a dwelling unit is proposed in a commercial building, evidence shall be provided to the city showing that the special use can meet all building code, fire code and plumbing code requirements, including, but not limited to, such matters as fire separations, access, exits, ventilation, and adequate water and sanitary sewer connections. (Ord. 1080, 11-10-2003)

   B.   Adult Bookstore/Video Store:

      1.   Such use shall have a property line a minimum of one thousand feet (1,000') from the property line of a:

         a.   School.

         b.   Church.

         c.   Nursery/daycare center.

         d.   Public park or recreation facility.

         e.   Residential zoning district.

      2.   Such use shall have a property line a minimum of five hundred feet (500') from the property line of a liquor establishment.

      3.   The operator/owner shall affix a sign to the exterior wall nearest the primary entrance warning in two inch (2") letters that the business within is sexually oriented.

   C.   Adult Amusement Establishment:

      1.   Such use shall have a property line a minimum of one thousand feet (1,000') from the property line of a:

         a.   School.

         b.   Church.

         c.   Nursery/daycare center.

         d.   Public park or recreation facility.

         e.   Residential zoning district.

      2.   Such use shall have a property line a minimum of five hundred feet (500') from the property line of a liquor establishment.

      3.   The operator/owner shall affix a sign to the exterior wall nearest the primary entrance warning in two inch (2") letters that the business within is sexually oriented.

   D.   All Vehicle Service Areas: All facilities that shall be used for storage of vehicle parts, wrecked vehicles, or vehicles partially dismantled for repair or salvage, shall be required to have a eight foot (8') high visual barrier around these areas.

   E.   Kennels: Kennel structures shall be a minimum of one thousand feet (1,000') from any residential zoning district.

   F.   Painting Shops:

      1.   Such uses shall have a property line a minimum of one hundred feet (100') from any residential zoning district.

      2.   Approval granted by fire department.

   G.   Welding Shops:

      1.   Such uses shall have a property line a minimum of five hundred feet (500') from any residential zoning district.

      2.   Approval granted by fire department.

      3.   All facilities that shall be used for storage of materials shall be required to have a six foot (6') high visual barrier around these areas.

   H.   Wrecker Service: Storage of vehicles or vehicle parts is not permitted. (Ord. 1000, 7-12-1999)

These regulations shall be binding upon all usages herein referenced except for those properties with usages established by a valid business license at time of implementation of this chapter. Usages in existence by valid business license at time of implementation shall be allowed to continue as per application of sections 12-17-4, 12-17-5 and subsection 12-17-6A of this chapter. Application of subsection 12-17-6B of this chapter shall require business and/or property to be brought into compliance with this chapter. (Ord. 1000, 7-12-1999)