It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specified use must be considered individually.

The commission shall hold a public hearing on each special use permit application. The commission may approve, conditionally approve or deny a special use permit, under the conditions as herein specified and considering such additional safeguards as will uphold the intent of this title.

"Special use permit" is defined as a grant of the right to use land in a manner potentially in conflict with the purpose for the zone and the typical uses authorized within the zone, but a permit of the special use is otherwise found to be consistent with the purposes of this chapter, subject if necessary to such conditions that will minimize its adverse impact upon the authorized uses within the zone.

(Ord. No. 792, 9-1-1987; Ord. No. 804, 11-28-1989; amd. Ord. No. 937, 9-13-2001)

An application for special use permit shall be filed with the administrator by at least one owner or lessee of property for which such special use is proposed. At a minimum, the application shall contain the following information:

A.

Name, address and phone number of applicant.

B.

Legal description of property.

C.

Description of existing use.

D.

Zoning district.

E.

Description of proposed special use.

F.

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

G.

A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan.

(Ord. No. 804, 11-28-1989)

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:

A.

Will, in fact, constitute a special use as established on the official schedule of district regulations for the zoning district involved.

B.

Will be harmonious with and in accordance with the general objectives or with specific objective of the comprehensive plan and/or this zoning 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 the persons or agencies responsible for the establishment of the proposed use shall 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 historic feature of major importance.

(Ord. No. 804, 11-28-1989)

In considering any special use, the city 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. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the special use is granted, shall be grounds for terminating the special use permit.

(Ord. No. 939, 9-13-2001)

Prior to granting a special use permit, there shall be one public hearing in which interested persons shall have an opportunity to be heard. The public hearing will be held within the commission which will act upon the request. At least 15 days prior to each hearing, notice of the time and place shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice shall also be provided to property owners and residents within the land being considered, 300 feet beyond the external boundaries of the land being considered. The applicant is responsible for all notices and publishing costs. In addition, the applicant shall be required to pay such application fees as the city council may set from time to time.

(Ord. No. 939, 9-13-2001)

Within ten days after the public hearing, the commission shall, in writing, approve, conditionally approve or disapprove the application as presented at the public hearing. Four or more members of the planning and zoning commission must vote in favor of approving the application in order for a special use permit to be granted.

Upon granting of a special use permit, conditions may be attached to a special use permit including, but not limited to, those:

A.

Minimizing adverse impact on other development.

B.

Controlling the sequence and timing of development.

C.

Controlling the duration of development.

D.

Assuring that development is maintained properly.

E.

Designating the exact location and nature of development.

F.

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

G.

Requiring more restrictive standards than those generally required in an ordinance.

Prior to granting a special use permit, the commission may request studies from planning authorities or public agencies concerning social, economic, fiscal and environmental effects of the proposed special use. 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.

Upon granting or denying an application, the commission shall specify:

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. No. 804, 11-28-1989; Ord. No. 939, 9-13-2001)

Within ten days after a decision has been rendered by the commission, the administrator shall provide the applicant with written notice of the action on the request. The special use permit will not be issued until all conditions have been satisfied and the appeal period has expired.

(Ord. No. 804, 11-28-1989)

The applicant or citizen shall have 20 days from the date of the mailing of the notice of the decision of the commission within which to appeal said decision to the city council. The applicant has 20 days after the decision of the city council to appeal to a court of competent jurisdiction.

(Ord. No. 804, 11-28-1989)

All special use permits may be reviewed by the commission at any time at the discretion of the commission. The special use application and special use permit shall state that permitting inspections by city officials at reasonable times is a condition of the permit being granted and continuing to be in force.

(Ord. No. O2005-4, 4-26-2005)