A.

Purpose: The purpose of this section is established procedures that allow for a special or conditional uses on a property as contemplated by I.C. § 67-6512.

B.

Applicability: The provisions of this section shall apply to all uses identified as Special Use in KCC § 5-8-503 "Official Schedule of District Regulations," of this title.

C.

Process: The Special Use Permit application process is determined by Chapter 4 "Application Procedures, Requirements and Decision Authority and Process," of this title.

D.

Standards: In granting a Special Use Permit, the Planning and Zoning Commission may prescribe conditions, bonds, and safeguards that:

1.

Minimize adverse impacts on other developments;

2.

Control the sequence and timing of developments;

3.

Control the duration of development;

4.

Assure that development is maintained properly;

5.

Designate the exact location and nature of the development;

6.

Require the provision for on-site or off-site public facilities and services;

7.

Require more restrictive standards than those generally required in this title;

8.

Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including the School District, that provides services within the city.

E.

Required findings: The Commission shall base its determination on a Special Use Permit request upon the following:

1.

That the use will in fact constitute a Special Use Permit as established on the official schedule of district regulations for the zoning district involved.

2.

That the proposed use will be harmonious with and in accordance with the general objectives, or with any specific objective of the comprehensive plan and/or these zoning regulations.

3.

That proposed use 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.

4.

That the proposed use will not be hazardous or disturbing to existing or future neighboring uses.

5.

That the proposed use 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.

6.

That the proposed use 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.

7.

That the proposed use 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.

8.

That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.

F.

Transfers, modifications and revocation:

1.

Special Use Permits are an entitlement to the specific property on which the approval was granted and upon property sale the entitlement transfers to the new owner(s) without further applications or approvals. The new owner(s) shall be bound by the same conditions of approval as the original permit holder(s). A special use permit is not transferable from one (1) property to another.

2.

In the event the approved use is expanded, enlarged or altered the permit holder shall be required to seek an amendment to the approved Special Use Permit through the Public Hearing Process.

3.

A Special Use Permit may be revoked or modified by the Council, upon notice and hearing, for breach or violation of any condition of approval.

a.

If the Council decides to revoke a Special Use Permit, either on its own action or upon complaint to the Council, the Council shall notify the permit holder of its intention to revoke the permit and provide the permit hold with the opportunity to contest the revocation at a public hearing before the Council.

b.

Fifteen (15) days prior notice of the hearing shall be given to the permit holder and all property owners within three hundred (300) feet of the boundaries of the land for which the permit was issued.

c.

The Council shall make findings of fact and conclusions of law supporting its decision to revoke the Special Use Permit. If the Council does not decide to revoke the permit, no findings of fact and conclusions of law need to be made.

(Ord. No. 2024-06, § 2, 4-16-2024)