This chapter contains the regulations of the special uses procedure. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this title which are incorporated as part of this chapter by reference. (1983 Code § 11-1-25)

It is hereby declared that certain land uses and developments present unique problems with respect to their proper location and relationship to other land uses. Therefore, analysis and judgment of the consequences of each development and use is necessary to preserve and to promote the public health, safety, and general welfare. Such land uses and developments are identified in each particular zoning district under special use and development permits issued by the city council after recommendation by planning and zoning commission. (1983 Code § 11-1-25)

Unless otherwise restricted, the total height of any structure shall be limited by the conditions governing the particular development or use authorized by special use permit. However, the total height of any structure authorized by special use permit shall not exceed the least restrictive regulations of the particular zoning district in which the special development or use is located. (1983 Code § 11-1-25)

Any development or use authorized by special use permit shall abide by the lot area, lot dimension, development limitation, and yard requirements of the particular zoning districts in which the special development or use is located. However, these requirements may be made more restrictive in the conditions governing the particular development or use authorized by special use permit. (1983 Code § 11-1-25)

The minimum off street parking and loading requirements, including required setbacks for parking areas, loading spaces, and internal drives for any development or use authorized by special use permit shall not be reduced below the minimum requirements as set forth in chapter 9 of this title. However, these requirements may be made more restrictive in the conditions governing the particular development or use authorized by special use permit. (1983 Code § 11-1-25)

Specific sign regulations shall be established in the conditions governing the particular development or use authorized by special use permit. In no instance shall they be less restrictive than the sign regulations of the particular zoning district in which the special use is located. (1983 Code § 11-1-25)

The granting of a special use permit may be initiated by a verified application of one or more of the owners of record or owners under contract of a lot or tract of land, or their authorized representatives, or by a resolution of intention by the board of adjustment. Procedures for application, review, and approval of special use permit shall be as follows:

   A.   Application: Application for a special use permit for a specific tract of land shall be addressed to the board of adjustment and filed in the office of the city clerk. The application shall be filed on forms prescribed for that purpose by the board of adjustment and be accompanied by the following: (1983 Code § 11-1-25; amd. Ord. 05-06, 6-6-2005)

      1.   Filing fee for a special use shall be established by council.

      2.   Legal description of the property.

      3.   Outboundary plat of the property.

      4.   Preliminary development plan, including, but not limited to, the following:

         a.   Proposed uses. Approximate location and designated uses of buildings and other structures as well as parking and open areas shall be indicated.

         b.   Proposed ingress and egress to the site, including adjacent streets.

         c.   Preliminary plan for provision of utilities.

         d.   Proposed landscaping and screening. (1983 Code § 11-1-25)

   B.   Public Hearing: A public hearing on the application shall be held by the board of adjustment in accordance with the general provisions of section 9-13-4 of this title. The public hearing shall be held within thirty (30) days of verification by the zoning administrator that the petition meets the minimum application requirements.

   C.   Approval Or Denial Of Application: Subsequent to review of the application by the board of adjustment, the zoning administrator shall file a report with the board stating all information and ordinances pertaining to each application for a special use permit and the reasons therefor. The board may grant those special uses and developments where such developments and uses are deemed consistent with good planning practice; can be operating in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; and are deemed essential or desirable to preserve and promote the public health, safety and general welfare of the city. In approving such special uses, the board shall impose such conditions as it determines necessary. Said conditions shall include, but not be limited to, the following and be included in the special use permit: (Ord. 05-06, 6-6-2005)

      1.   Permitted uses.

      2.   Height limitation.

      3.   Minimum yard requirements.

      4.   Off street parking and loading requirements.

      5.   Sign regulations.

      6.   Minimum requirements for site development plans.

      7.   Time limitations for commencement of construction. (1983 Code § 11-1-25)

   D.   Permit Effective, When: Unless a duly filed protest is received by the city clerk, a special use permit or an amendment thereto shall become effective after the board of adjustment approves of the application by resolution. In the event that a special use permit is filed in conjunction with a required change of zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change. (1983 Code § 11-1-25; amd. Ord. 05-06, 6-6-2005)

   E.   Effect Of Denial: Upon denial by the board of adjustment of an application for a special use permit, the applicant may appeal said denial pursuant to section 9-13-7 of this title. (Ord. 05-06, 6-6-2005)

   F.   Protest Of Nearby Property Owners Of Council's Decision Of Approval: (Rep. by Ord. 05-06, 6-6-2005)

   G.   Site Development Plans: Subsequent to the effective date of the special use permit, a site development plan shall be submitted for review and approval to the commission as specified in governing the special use permit. No building permits or authorization for improvement or development for any use requested under provisions of this permit procedure shall be issued prior to approval of such plan. The approved plan shall be retained on file by the city.

   H.   Procedure To Amend The Conditions Of Special User Permit Or Site Development Plan: In order to amend the conditions of an existing special use permit or to amend the site development plan approved for a special use permit, the procedure shall be as follows:

      1.   To amend conditions of a special use permit:

         a.   The property owner or authorized representative shall submit a written request to amend conditions to the zoning administrator for review. The administrator shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally presented. (1983 Code § 11-1-25)

         b.   The zoning administrator shall then forward the request and its report to the board of adjustment. The board shall review the proposed condition amendments and then grant or deny said proposed amendments. (Ord. 05-06, 6-6-2005)

      2.   To amend the site development plan:

         a.   The property owner or authorized representative shall submit an amended site development plan to the zoning administrator for review. The administrator shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally presented.

         b.   If the zoning administrator determines that the proposed amendment to the site development plan is not in conflict with the original proposal and the preliminary development plan, and meets all conditions of the special use permit, the administrator may approve said amended plan. The approved plan shall be retained on file by the city.

         c.   If the zoning administrator determines that the proposed amendment to the site development plan is not consistent in purpose and content with the nature of the proposal as originally presented or with the preliminary development plan, the commission shall review the proposed site plan amendment and make a final determination.

   I.   Appeal To Commission Of A Decision By Zoning Administrator In Reviewing Development Plans: The petitioner/developer may appeal to the commission a decision by the zoning administrator in cases where the administrator is authorized to review development plans. The petitioner shall have a fifteen (15) day period in which to file a written appeal and plan with the commission. The written appeal, stating the reasons for the appeal, shall be submitted to the administrator. The commission shall make the final determination of the matter. No exceptions may be granted that are in violation of the particular permit governing the development plan. (1983 Code § 11-1-25)

   J.   Time Limit Of Special User Permits: Special use permits shall be valid for unlimited period unless a lesser period shall be provided in a particular permit. Upon the expiration of the time limit specified in a particular permit, the property owner may request that the special use permit be reviewed by the board, which may extend it for an unlimited period or for a specified additional period of years.

   K.   Failure To Commence Construction: Unless otherwise stated in the conditions of a particular special use permit, substantial work or construction shall commence within two (2) years of the effective date of the permit, unless such time period is extended through appeal to and approval by the board. If no extension of time is received or granted within six (6) months subsequent to the two (2) year period following the effective date of the special use permit, the permit shall terminate. (1983 Code § 11-1-25; amd. Ord. 05-06, 6-6-2005)

   L.   Development Of Special Users And Permitted Land Uses On Same Tract Of Land: Nothing shall prevent the establishment of land uses or developments authorized by special use permit on the same tract of land with one or more permitted land uses and developments specified in the regulations of the governing zoning district. However, the development or use authorized by special user permit shall abide by the conditions of the permit and the permitted land use and development shall adhere to the regulations of the governing zoning district. A permitted land use or development existing at the time of submittal of a site development plan for a development or use authorized by special user permit shall be shown on the plan. No permitted use or development shall at any time cause the violation of any condition imposed by a special use permit. (1983 Code § 11-1-25)