(a)

The city council may, after public hearing and proper notice to all parties affected, and after recommendation of the zoning commission containing such requirements and safeguards as are necessary to protect adjoining property, authorize the development of uses specified in the district regulations or issue special use permits for the uses specified in section 78-309.

(b)

The purpose of such hearing by the city council shall be to determine that the granting of the special use permit will not adversely affect the character and appropriate use of the area or neighborhood in which it is proposed to locate; will not substantially depreciate the value of adjacent and nearby properties for the use in accordance with the regulations of the zoning district in which they are located; will be in keeping with the spirit and intent of this chapter; will not adversely affect the implementation of the comprehensive plan; will comply with applicable standards of the district in which located; and will not adversely affect traffic, public health, public utilities, public safety, and the general welfare.

(c)

All applications for special use permits shall be submitted with site plans drawn to scale and showing the general arrangement of the project, together with the essential requirements such as off-street parking facilities, locations of buildings, and use to be permitted, means of ingress and egress to public streets, the type of visual screening such as walls, planting, and fences, the location of adjacent residences and buildings, and the location and area of coverage of all outside lighting, especially any which might shine into an adjacent residential area, to the city secretary who shall file and report on the same to the zoning commission. A fee in such amount as specified in the schedule of fees on file in the office of the city secretary must accompany all applications for special use permits.

(Code 1985, § 31.601; Code 1989, § 19-211)

Uses for which special permits may be secured and the districts within which such uses may be permitted are listed in subsections (1)—(13) of this section. The granting of a special use permit shall be subject to all conditions and safeguards prescribed in this chapter and as may further be prescribed by the city council.

(1)

Any use or public building or utility erected or used by the town, county, state or federal government.

(2)

Colleges, public, private, or denominational schools.

(3)

Country clubs (private).

(4)

Day nurseries or kindergartens.

(5)

Hospitals (general care).

(6)

Institutions of a religious or philanthropic nature other than churches.

(7)

Nursing homes for the aged not permitted in district A.

(8)

Radio, television, or microwave broadcast or relay towers not permitted in district A.

(9)

Service stations and multiple-use retail outlets dispensing motor fuels.

(10)

Automotive repair.

(11)

Rental enterprises.

(12)

Hotels in district B general business district.

(13)

Carwash enterprises.

(Code 1985, § 31.602; Code 1989, § 19-212; Ord. No. 495, 6-19-1990; Ord. No. 527, 1-21-1992; Ord. No. 583, 5-10-1994; Ord. No. 657, 4-27-1998; Ord. No. 687, 2-15-2000)

In recommending that a specific use permit for the premises under construction be granted, the zoning commission shall determine that such uses are harmonious with and adaptable to buildings, structures, and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys, and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking and protective screening and open space.

(Code 1985, § 31.603; Code 1989, § 19-213)

No specific use permit shall be granted unless the applicant, owner, and grantee of the specific use permit shall in writing accept and agree to be bound by and comply with the terms of the specific use permit, in such form as may be approved and provided by the city council.

(Code 1985, § 31.604; Code 1989, § 19-214)

A building permit shall be applied for and secured within six months from the time of granting of the specific use permit; provided, however, that the city council may authorize an extension of this time upon recommendation by the building inspector. However, upon issuance of the construction permit, all structures must have the outer shell of the dwelling completed within six months and all construction materials removed or stored out of sight and the land or yard area restored to its natural look within that same six-month period. For commercial properties, the time limit will be eight months.

(Code 1985, § 31.605; Code 1989, § 19-215)

The board of adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the granting extension, revocation, modification, or any other action taken relating to such special use permits.

(Code 1985, § 31.606; Code 1989, § 19-216)

Every special use permit granted under the provisions of this article shall be considered as an amendment to the zoning code as applicable to such property. In granting such permit, the city council may impose conditions which shall be complied with by the grantee before a certificate of occupancy may be issued by the administrative officer for the use of the buildings on such property pursuant to said permit; and such conditions shall not be construed as conditions precedent to the granting of the special permit or the change in zoning of such property, but shall be construed as conditions precedent to the granting of the certificate of occupancy.

(Code 1985, § 31.607; Code 1989, § 19-217)

Final action of the city council shall be noted, as soon as practicable, on the official zoning district map and on any other administrative copies, as to the location of property and type of use permitted by each special use permit granted.

(Code 1985, § 31.608; Code 1989, § 19-218)