Uses designated special use are conditioned uses which may or may not be appropriate in a particular location depending on the nature of the proposed use, its relationship to surrounding land use, its impact on traffic capacities, and potential environmental effects. It is the intent of this section and Section 26-22.1 to provide a review of such uses so that the community is assured that the uses are compatible with their locations and surrounding land uses.

(Ord. No. 1986-01, § 2, 2-4-86; Ord. No. 1994-7, § 3, 6-21-94)

(a)

Special uses, other than oil and gas development, facilities, and operations, may be permitted in designated districts as set forth in Table 26-A upon approval by the planning director, or city council, as provided for in this chapter.

(b)

Oil and gas development, facilities, and operations may be permitted in designated districts as set forth in Table 26-A only in accordance with the provisions of section 26-22.1

(Ord. No. 1986-01, § 2, 2-4-86; Ord. No. 2000-25, § 3, 9-5-00; Ord. No. 2011-33, § 14, 9-20-11; Ord. No. 2018-09, § 1, 3-20-18; Ord. No. 2019-06, § 3, 2-19-19; Ord. No. 2021-21, § 3, 11-1-21)

Except for applications for oil and gas development, facilities, and operations, all special use applications shall be processed according to the procedure in this section and section 26-16. Applications will require the preparation and submittal of materials and information as specified in section 26-17.

(Ord. No. 1986-01, § 2, 2-4-86; Ord. No. 2018-09, § 1, 3-20-18; Ord. No. 2021-21, § 3, 11-1-21)

(a)

Except for applications for oil and gas development, facilities, and operations, which shall be processed and reviewed in accordance with section 26-22.1 of this chapter, the criteria for review of a special use application shall include:

(1)

Compliance of the application with the Municipal Code.

(2)

The compatibility of the proposal with the character of the surrounding area.

(3)

The potential for adverse environmental influences that might result from the proposed use.

(4)

Compatibility of the proposed use and the site plan with the comprehensive plan.

(5)

Taking into consideration any proposed mitigation measures, special use shall not create significant adverse impacts on government services and existing developments in the surrounding neighborhood or on any anticipated future development permitted by this chapter. Significant impacts included but are not limited to:

a.

Significant impact in traffic generation and parking;

b.

Lack of screening of parking, loading, traffic circulation, or outdoor activities; garbage collection facilities and storage;

c.

Significant intrusions of noise, light, dust, or glare onto nearby properties;

d.

Significant increases in burdens on housing, schools, public utilities, or governmental services such as fire, ambulance, police, library and recreation; or

e.

Hours of operation.

(b)

In addition to the review criteria specified in subsection 26-15-4(a) above, the following criteria shall also apply to all drive-up restaurants, gas stations (fuel facilities), car washes and drive-up facilities.

(1)

Drive-up restaurants, gas stations (fuel facilities), car washes, and drive-up facilities shall be located a minimum of two hundred (200) feet from the following, as measured from the nearest proposed building wall or other structure of the drive-up restaurant, gas station (fuel facility), car wash or drive-up facility:

a.

Residentially zoned lot lines;

b.

Tracts zoned DR that have a residential land use designation in the Comprehensive Plan;

c.

Property having a residential land use designation in the Comprehensive Plan when such property is not currently zoned.

The 200-foot separation requirement of this section may be reduced by the planning commission, if the planning commission finds that, because of topography, site design conditions, or other attendant circumstances, the affected residential parcel will not be adversely affected by the development of a drive-up restaurant, gas station (fuel facility), car wash or drive-up facility.

(2)

All drive-up windows or point of drive-up service shall be at least one hundred fifty (150) feet from the drive-up window or point of drive-up service of any other lot, or other drive-up window or point of service for a separate use on the same lot. The planning commission may approve a reduction of this separation requirement subject to design techniques that address and minimize the potential for traffic conflicts or visual aesthetics.

(3)

Carwashes that are proposed in conjunction with a gas station (fuel facility) shall be treated as a single use for the purpose of the locational requirements of criteria 2 above.

(4)

Every drive-up restaurant shall include an indoor dining component that features tables and chairs sufficient to service year-round walk-in trade.

(c)

Reserved.

(Ord. No. 1986-01, § 2, 2-4-86; Ord. No. 1994-7, § 4, 6-21-94; Ord. No. 2006-10, § 1, 5-2-06; Ord. No. 2007-10, § 1, 3-6-07; Ord. No. 2011-15, § 3, 5-3-11; Ord. No. 2014-14, § 2, 5-20-14; Ord. No. 2018-09, § 1, 3-20-18; Ord. No. 2021-21, § 3, 11-1-21)

Editor's note— Section 5 of Ord. No. 1999-10, adopted April 20, 1999, repealed § 26-15-5, adult entertainment and/or service facilities, which derived from Ord. No. 1986-01, adopted February 4, 1986. Similar provisions are found in § 26-15.5.