The special use permit procedure is intended to provide uses that may be specially permitted under this title, subject to conditions. A special use permit shall not be considered as establishing a binding precedent to grant other special use permits. A special use permit is not transferable from one parcel of land to another. (Ord. 146, 9-22-2016)

An application shall be filed with the administrator by at least one owner or lessee of property for which such special use is proposed. Special uses are subject to the standards of chapter 6 of this title, applicable specific standards of chapter 7 of this title and buffering standards of section 12-13-2, appendix B of this title. Applications for special use permits shall be processed in accordance with the standards of section 12-3-12 of this title. Applications shall be submitted to the administrator on forms provided by the city, and shall include the following:

   A.   Site Plan: A site plan, drawn to a readable scale, showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the city may require to determine if the proposed special use meets with the intent and requirements of this title.

   B.   Elevation Drawings: Conceptual elevation drawings of proposed structures.

   C.   Ownership Report: An ownership report, as required by subsection 12-3-15C of this title.

   D.   Narrative Statement: A narrative statement addressing:

      1.   The effects of the use on adjoining property;

      2.   The effect of such elements as noise, glare, odor, fumes, and vibration on adjoining property;

      3.   The general compatibility with adjacent and other properties in the district;

      4.   Traffic impacts to the surrounding area;

      5.   The relationship of the proposed use to the comprehensive plan. (Ord. 146, 9-22-2016)

In addition to development standards contained within this title, and prior to approving a special use, the city council 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:

   A.   Constitutes Special Use: Will constitute a special use as established in this title for the zoning district involved;

   B.   Objectives: Will be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan and the zoning ordinance;

   C.   Character: 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.   Public Facilities: Will not create excessive additional requirements as to public cost for public facilities;

   E.   Detrimental: 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;

   F.   Traffic: Will have vehicular approaches to the property that are so designed as to not create interference with traffic and surrounding public thoroughfares. (Ord. 146, 9-22-2016)

In granting any special use, the city council 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. In addition, the city council may also set conditions to:

   A.   Adverse Impact: Minimize adverse impact on other development;

   B.   Sequence, Timing: Control the sequence and timing of development;

   C.   Duration: Control the duration of development;

   D.   Maintenance: Assure that development is maintained properly;

   E.   Location, Nature: Designate the exact location and nature of development;

   F.   Public Facilities, Services: Require the provision for on site or off site public facilities or services;

   G.   More Restrictive Standards: Require more restrictive standards than those generally required in an ordinance;

   H.   Mitigation Of Effects: Require mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. (Ord. 146, 9-22-2016)

In addition to the standards for all zone districts provided at chapter 6 of this title, the following shall also be applicable to special uses in the city:

   A.   Buffering And Screening:

      1.   All commercial developments and public buildings shall provide an effective buffer for adjoining residences, adjoining undeveloped parcels and the river;

      2.   All high density residential developments shall provide an effective buffer for existing commercial or industrial uses or public buildings, adjoining residences, adjoining undeveloped parcels and the river;

      3.   Existing vegetation shall be retained to serve required buffering or screening functions wherever possible;

      4.   All buffers shall be installed in compliance with the detailed performance standards for effective buffering found in section 12-13-2, appendix B of this title.

   B.   Street Connections: All developments shall be designed to maximize functional connections with adjoining developments, including shared access to arterial streets, shared parking and service access, shared buffers and open space areas, and shared pedestrian circulation.

   C.   Runoff And Erosion Control: A professionally prepared runoff and erosion control plan shall be implemented by all developments located on land with a slope of more than eight percent (8%) or where a cumulative total of more than twenty thousand (20,000) square feet of impervious cover will be created. That plan shall:

      1.   Identify runoff and erosion hazard areas on the site;

      2.   Identify areas and facilities, both on and down stream from the site, that are vulnerable to damage from accelerated runoff or erosion;

      3.   Show where existing vegetation will be retained and land disturbance minimized (retention of existing vegetation in buffers wherever possible is required);

      4.   Show how existing trees that are to be retained will be protected from damage during construction;

      5.   Show how the area disturbed by construction at any one time will be minimized, and how runoff will be diverted away from areas disturbed by construction;

      6.   Show how disturbed areas will be stabilized during the construction period;

      7.   Show how disturbed areas will be promptly, permanently stabilized by revegetation and/or structural techniques;

      8.   Show how runoff velocities will be minimized and drainageways will be prepared to handle any acceleration or increase of runoff;

      9.   Show how any additional runoff generated will be retained on site and absorbed, evaporated or released from the site at a rate not exceeding the predevelopment rate of release;

      10.   Show how sediment resulting from accelerated soil erosion will be retained on site;

      11.   Show how water quality in adjoining or nearby streams and wetlands will be protected by retention of existing vegetation, installation of vegetative filter strips or other means.

   D.   Hazardous Substances: Any use that is, or may reasonably be, expected to involve the handling or storage of hazardous substances shall demonstrate continuing compliance with state and federal requirements for the storage and handling of hazardous substances. No such uses, other than marinas, shall be located within the river corridor.

   E.   Land Use Compatibility: Special uses shall be designed for compatibility with neighboring uses, with compatibility being evaluated using the following factors:

      1.   Lot coverage and extent of landscaping (including the effectiveness of the proposed buffers);

      2.   Building bulk, height and scale;

      3.   Effect on scenic views from adjoining properties and public spaces; and

      4.   Hours of operation, lighting, activity levels, as measured by traffic and noise generation, parking and storage area requirements, the number and size of signs, and similar indicators.

   F.   Location Of Parking Area: Parking areas accessory to commercial uses and public buildings shall be located to the side or rear of the principal building so the predominant streetscape perception of the city will be one of building facades and landscaped areas, not asphalt and automobiles.

   G.   Pedestrian Circulation: All land use changes shall provide safe and adequate nonmotorized travelways.

   H.   Snow Storage: All developments shall provide for adequate on site snow storage. Snow storage shall not be permitted to reduce the size of required off street parking or loading areas. (Ord. 146, 9-22-2016)

An application for a special use permit shall proceed consistent with the public hearing, noticing, and decision making procedures, as set forth in chapter 3 of this title. (Ord. 146, 9-22-2016)

The administrator shall provide the applicant with written notice of the action on the request pursuant to section 12-3-12 of this title. The special use permit shall be valid for two (2) years from the date of the written decision unless an extension, not to exceed two (2) years, is granted by the city council prior to the expiration of the special use permit. Unless approved application conditions are completed within said time frame, application approval shall expire. (Ord. 146, 9-22-2016)

   A.   Permitted: A special use permit shall not be considered valid until issued by the city. If the application is approved or approved with modifications or conditions, the administrator shall issue a special use permit once the city has determined that all conditions pertaining to the set up and operations of the use have been met to the satisfaction of the city.

   B.   Runs With Land: A special use permit shall run with the land and may be transferable to a future property owner, provided the use remains in compliance with the permit and conditions it is bound by. (Ord. 146, 9-22-2016)

   A.   Filing, Processing: Modification to a special use shall be filed and processed in accord with sections 12-3-17 and 12-3-18 of this title.

   B.   Revocation: Continued operation of a use requiring a special use permit that is in noncompliance with any condition of a special use permit, shall constitute a violation of this title and may be subject to revocation of the permit.

   C.   Recommendation For Revocation; Hearing: The administrator may present to the council a recommendation to revoke a special use permit upon finding of substantial evidence that the permit is not in compliance with the terms, conditions or restrictions of the use permit. Prior to revoking a permit, the council shall conduct a public hearing, in accord with the noticing and procedures set forth by section 12-3-13 of this title.

   D.   City Council Authority: The city council may revoke the permit or impose additional conditions or restrictions to bring the permit into compliance, upon a finding that there is substantial evidence that the terms of the permit approval have been violated. (Ord. 146, 9-22-2016)