Certain uses of land or buildings are not appropriate under all circumstances in any zoning district, but may be appropriate where adequate precautions can be taken to ensure the compatibility of the use with surrounding uses. These uses may be authorized at a particular location through the approval of a special use permit where the impact of these uses do not inappropriately affect or impair the use and enjoyment of neighboring properties.

(Development Ord. 2004, § 15-4-4.101)

A special use permit shall be required for any use authorized in the applicable zoning district as requiring a special use permit on the Use Table (see Section 15-264) or in any other applicable regulation of this chapter. A special use permit is prohibited and may not be granted for any use not specifically authorized by the Use Table or any other applicable regulation of this chapter. A special use permit shall allow the specified use by the permittee only and shall not run with the land or be transferable, unless otherwise approved by the Governing Body by stipulation in the special use permit approval.

(Development Ord. 2004, § 15-4-4.102)

(a)

A special use permit application shall be accompanied by any applicable fee and made on any forms provided by the City. The requirements for the application and the procedure for the review of the same shall follow those specified for a rezoning (see Section 15-234); provided that the application shall also include:

(1)

A statement of the reasons why the special use permit is being requested, including how the request conforms with the City's comprehensive plan and the purposes, intent, and standards of this chapter; and

(2)

A statement of the nature and character of the current zoning district, and immediate vicinity of the project, and justification on how the requested use will conform to that character.

(b)

A special use permit in a district requiring a development plan (R-2P or B-3P districts) may only be issued when the development plan provides for such use. The approval of a special use permit may be included in an ordinance approving a development plan.

(Development Ord. 2004, § 15-4-4.103)

The following factors shall be considered in the review of a special use permit request:

(1)

The compatibility and impact of the use and site design with use, enjoyment, property values or character of neighboring properties, including, but not limited to:

a.

Any similarity or dissimilarity in scale, bulk, lot coverage, or street frontage;

b.

Any architectural designs minimizing the impact of the proposed use;

c.

Any site design techniques minimizing the impact of any required parking or other necessity;

d.

Any generation of traffic and the ability to mitigate the impact of the same; and

e.

Any external impact detectable from adjacent properties, including noise, dust, dirt, heat, smoke, odor, vibration, electrical inference, glare, light or radio or television transmission interference compared with those of other existing uses in the vicinity;

(2)

The consistency of the use and site design with purpose and standards of the zoning district;

(3)

The conformance of the use and site design with the comprehensive plan;

(4)

The conformance of the use and site design with any specified conditions for the particular use;

(5)

Recommendations of professional staff; and

(6)

Any other specific factor that is relevant to the proposed use and its impact to the community.

(Development Ord. 2004, § 15-4-4.104)

(a)

In granting a special use permit, the Governing Body may impose any conditions on the special use it deems appropriate to meet the requirements of approval. Such conditions must serve a legitimate zoning purpose and:

(1)

Be clearly expressed with sufficient clarify to give notice of the limitations on the use;

(2)

Relate directly to the proposed use; and

(3)

Address a legitimate zoning purpose that bears a relationship to the public health, safety, and welfare.

Further the Governing Body may require periodic review to ensure the permittee continues to meet all permit conditions.

(b)

Unless otherwise set forth in the express provisions of the special use permit, each special use permit shall be deemed to have a duration of ten (10) years, after which such special use shall terminate if no new special use permit is applied for and granted by the City.

(c)

Renewal of a special use permit is not a matter of right. The same discretion shall attach to a decision to renew a special use permit as existed in the original decision to grant or deny that permit; provided that in consideration the decision to grant or deny renewal, any factor which would be relevant to consideration of revocation shall also be relevant to consideration of renewal.

(Development Ord. 2004, § 15-4-4.105)

(a)

Basis for revocation. Any special use permit granted under the authority of this chapter is subject to revocation for any or all of the following reasons:

(1)

Noncompliance with any applicable requirement;

(2)

Noncompliance with any special condition imposed at the time of approval of the special use permit;

(3)

Violation of any provisions of the law pertaining to the use of the land, construction or uses of buildings or structures or activities conducted on the premises by the permittee or its agent; or

(4)

Violation of any other applicable provisions of any local, State or Federal law or regulation by the permittee or its agent; provided that such violations related to the conduct or activity authorized by the special use permit or the qualifications of the permittee or its agent to engage in such conduct or activity.

(b)

Procedure for revocation.

(1)

Revocation proceedings may be initiated by the Governing Body.

(2)

Unless the permittee and landowner agree in writing that the permit may be revoked, the Governing Body shall hold a public hearing to consider the revocation of the special use permit. At such hearing, the permittee and landowner shall be given the opportunity to present evidence or testimony.

(3)

The City shall give the permittee and landowner certified mail notice, return receipt requested, of the scheduled revocation hearing at least five (5) days prior to the date scheduled for such hearing. Notice must be published in the official newspaper a minimum of five (5) days but not greater than twenty (20) days prior to the hearing.

(4)

No special use permit shall be revoked unless a majority of the Governing Body is satisfied by a preponderance of the evidence that grounds for revocation exist. Any motion of the revocation must clearly State the grounds for revocation. Adoption of any motion to revoke a special use permit may be made subject to subsequent adoption of written findings of fact and conclusions of law, at the discretion of the Governing Body.

(5)

An appeal of any decision of the Governing Body to revoke a special use permit may be filed in the County District Court of within thirty (30) days following the final decision of the Governing Body. Any appeal taken shall not suspend the order of revocation during the pending appeal unless so ordered by the County District Court.

(Development Ord. 2004, § 15-4-4.106)