Special land uses shall be permitted as provided in this Zoning Code if the requirements of this chapter are met.

(Ord. No. 1331, § 1, 5-5-25)

(a)

An application for a special land use permit may be made by an applicant on forms provided by the Planning Office and shall be accompanied by the fees established by Council and the documents required by Chapter 1260.

(b)

The Planning Office shall refer the application described in Subsection (a) hereof to the Planning Commission for consideration and recommendation to Council.

(c)

The Planning Office, shall publish one notice in a newspaper of general circulation in the City that a request for a special land use approval has been received. The Planning Office shall also send a notice by first class mail to all persons to whom real property is assessed, according to the records maintained in the office of the City Assessor, within 300 feet of the boundary of the lot. If the name of the occupant is not known, the term "occupant" may be used in making notification.

(d)

The notice described in Subsection (c) hereof shall be given not less than ten days and not more than 15 days before the public hearing described in Subsection (f) hereof.

(e)

The notice shall:

(1)

Describe the nature of the special land use request;

(2)

Indicate the lot which is the subject of the special land use request;

(3)

State when and where the special land use request will be considered;

(4)

Indicate when and where written comments concerning the request will be received; and

(5)

Indicate that a public hearing will be held by the Commission on the special land use request and give the date, time and location of the public hearing described in Subsection (f) hereof.

(f)

The Commission shall hold a public hearing for the purpose of considering the special land use request and recommend to Council whether it should approve, approve with conditions or deny the special land use. In making its recommendation, the Commission shall consider each of the following standards:

(1)

If the special land use is designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding area;

(2)

If the special land use changes the essential character of the surrounding area;

(3)

If the special land use interferes with the general enjoyment of adjacent property;

(4)

If the special land use represents an improvement to the use or character of property under consideration and the surrounding area in general and also is in keeping with the natural environment of the lot;

(5)

If the special land use is not hazardous to adjacent property, or does not involve uses, activities, materials or equipment which are detrimental to the health, safety or welfare of persons or property through the excessive production of traffic, noise, smoke, odor, fumes or glare;

(6)

If the special land use is adequately served by essential public facilities and services, or it is demonstrated that the person responsible for the proposed special land use is able to continually provide adequately for the services and facilities deemed essential to the special land use under consideration;

(7)

If the special land use does not place demands on public services and facilities in excess of current capacity;

(8)

If the special land use is consistent with the intent and purpose of this Zoning Code and the objectives of any currently adopted Comprehensive Plan; and

(9)

If the special land use meets the dimensional requirements of the district in which the property is located.

(g)

The Commission shall state to Council, in writing, its recommendations as to each special land use request and the reasons for its recommendation.

(h)

Council, upon receiving the recommendation from the Commission, shall hold a public hearing for the purpose of a de novo review of the recommendation of the Commission and deciding whether to concur in such recommendation.

(i)

A notice that a request for special land use approval has been received by Council and that a public hearing will be held, shall be published in a newspaper of general circulation in the City. Notice shall also be sent by first class mail to those persons described in Subsection (c) hereof.

(j)

The notice described in Subsection (i) hereof shall meet all of the requirements described in Subsections (d) and (e) hereof.

(k)

Council may deny, approve or approve with conditions a request for special land use approval, based upon the standards described in Subsection (f) hereof. If conditions are imposed, they shall meet the requirements of Section 1262.03. The decision of Council shall be reduced to writing. The writing shall state Council's decision and shall specify the basis for the decision and conditions imposed upon the special land use, if any.

(Ord. No. 1331, § 1, 5-5-25)

(a)

Council may impose conditions on its grant of a special land use to achieve any of the following findings:

(1)

Compatibility of the special land use with existing adjacent land uses;

(2)

Protection of the natural environment and natural resources;

(3)

Energy conservation;

(4)

Accommodation of increased public service needs likely to result from the special land use;

(5)

Protection of the health, safety, and welfare of the property owner and the community;

(6)

Accommodation of considerations listed in Subsection 1262.02(f).

(b)

A new building or building addition, that is 1,000 square feet or more in area, and on a parcel of land for which a special land use permit has been granted on or after the effective date of this ordinance, shall require an amendment to the special land use permit after review and approval by the City Council in accordance with the following procedure:

(1)

Within five days upon receipt of a site plan for a new building or building addition 1,000 square feet or greater in area, the Planning Office shall refer the matter to the City Council which shall schedule a public hearing on amending the special land use permit. Notification of the public hearing, in accordance with requirements of Subsection 1262.02(e) shall be sent by first class mail to the following, not less than seven days prior to the hearing:

a.

All property owners within 500 feet of the subject property;

b.

The applicable neighborhood watch officer, if any; and

c.

The applicable neighborhood association, if any.

(2)

Following the public hearing, the Council shall review the site plan for compliance with the criteria contained in this chapter for evaluating special land use permits and shall deny, approve or approve with conditions the amendment to the original special land use permit.

(3)

The Council shall complete its review and render its decision within 60 days from the date that the site plan was referred by the Planning Office. Failure to act shall be deemed approval of the amended special land use permit.

(c)

Conditions of approval, if any, shall be recorded in the written decision described in Subsection 1262.02(k) and shall remain unchanged, except upon the mutual consent of the applicant and Council.

(Ord. No. 1331, § 1, 5-5-25)