It is recognized that certain principal uses of land, although generally compatible with the basic use classification of a particular zoning district, should not be permitted generally and as a matter of right to be located in every area included within the zoning district because of hazards inherent in the use itself or special problems which its proposed location may present. Such a use of a particular site may, nevertheless, be specially permitted by means of a special use permit, granted by the board of aldermen, after the procedures set forth in this ordinance have been complied with, and the board of aldermen, on the basis of the guidelines and criteria set forth in this section, has determined that the facts and circumstances of the particular case warrant granting the permit. The permit shall be granted solely for the proposed use of a particular site, not for a particular person or firm.

(Ord. of 7-23-90)

In determining whether to grant a special use permit for the proposed use of a particular site, the zoning commission and board of aldermen shall consider the factual findings, conclusions and recommendations of the zoning commission, as contained in its report, and both shall consider the effect of the proposed use upon the health, safety, convenience, and general welfare of the owners and occupants of surrounding land, in particular, and the community as a whole, in general, including but not limited to the following factors: Existing and anticipated traffic and parking conditions; noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; drainage; population density; visual and land use compatibility with uses of and structures on surrounding land, adjoining land values; and the orderly development of the neighborhood and the city within the general purpose and intent of this ordinance.

(Ord. of 7-23-90)

In the granting of a special use permit, the zoning commission and board of aldermen may impose such special conditions, in addition to the general conditions and requirements of this ordinance to which every special use permit shall be subject, as it deems necessary to serve and protect the health, safety, convenience and general welfare of the community. Such conditions may include, among other things, a time limit within which the special permitted use, or a portion thereof, or improvements in connection therewith are to be established, constructed, completed or commenced, and a requirement that the person or firm to whom the special use permit has been granted deposit with the city either cash or a performance bond in a sum equal to 125 percent of the estimated cost, as determined by the building official, of improvements to be constructed in accordance with the permit to insure completion thereof within the time limit specified in the permit. The conditions so imposed by the board of aldermen shall be specially stated in the permit. The violation of any special or general condition set forth in a special use permit shall constitute a violation of this ordinance.

(Ord. of 7-23-90)

After the special use permit has been granted, the use specially permitted thereunder shall be established, conducted and maintained in conformity with the terms thereof, including all conditions set forth therein. Any structural alteration, enlargement or intensification thereof, or similar change not specially permitted by the permit, shall require an amended permit and all procedures shall apply as if a new permit were being requested; provided, however, that when such changes are deemed to be insignificant by the building official, the requirements of a public hearing may be waived.

(Ord. of 7-23-90)

In the event a special use permit does not contain as a special condition a time limit, it shall automatically expire and become void one year from and after the date on which it was granted unless the use for which it was granted has been substantially established or constructed or unless, upon written application made by the person to whom the permit was granted within such year, the board of aldermen shall have extended the expiration date of such permits for an additional period, not to exceed six months. No more than two such extensions may be granted.

If the use for which any special use permit has been granted has ceased or has been discontinued for a period of 90 consecutive days, the permit shall automatically expire and become void at the end of such 90-day period.

(Ord. of 7-23-90)

No building permit shall be issued for any use in a zoning district which requires the issuance of a special use permit until after the special use permit has been granted by the board of aldermen.

(Ord. of 7-23-90)

Special uses and the particular zoning districts in which they may be allowed to be located after the board of aldermen's issuance of a special use permit are designated in the land use chart, table 3, set forth in section 2.16.

(Ord. of 7-23-90)

Procedures for applying for a special use permit are set forth in section 18.08.

(Ord. of 7-23-90)