The intent and purpose of this article is to provide the mechanism whereby certain structures and/or uses that are necessary and desirable but are of a unique, special, or nonrecurring nature may be permitted within any zoning district.

(Code 1977, § 17.52.060; Ord. No. 06-04, 2006)

The city council may permit special uses of land and/or structures within any district subject to conditions contained herein if it finds that the proposed location and establishment of any such special use will be desirable or necessary to the public convenience or welfare and will be harmonious and compatible with other uses adjacent to and in the vicinity of the selected site or sites and will further community development in accordance with the comprehensive plan.

(Code 1977, § 17.52.060; Ord. No. 06-04, 2006)

A preapplication meeting shall be held with the zoning administrator to discuss the request. The zoning administrator shall send a copy of the special use application to all appropriate city officials for comment. After receipt of a complete application for a special use, the zoning administrator shall complete the review of the application.

(Code 1977, § 17.52.060; Ord. No. 06-04, 2006)

(a)

Application. The applicant shall file an application for a special use with the zoning administrator of the city accompanied by a filing fee to be established by the city council.

(b)

Form of application. The application shall set forth the facts and details concerning the proposed special use and shall have attached thereto a diagram or plan showing the result the proposed special use would have on the subject property and surrounding properties.

(c)

Application requirements. The application shall contain the following requirements:

(1)

A legal description and common address.

(2)

Any photos of the property and the specific area of the property seeking the special use shall be submitted with the application.

(3)

A statement indicating the need for the special use.

(4)

Nine copies of the site plan at a scale of not less than one inch is equal to 20 feet showing adjacent property owners, including rights-of-way; the zoning of adjacent properties; existing improvements and structures; and streets, railroads, waterways, and other necessary physical features.

(d)

Date of filing. The application shall be filed prior to the date the notice of hearing specified has been published in the local newspaper.

(e)

Date of hearing. The planning and zoning board of the city through its chairperson, shall set a regular date, time, and place for a public hearing on the application and shall inform the applicant of the same. The chairperson has the option of changing the time and/or date if there is a conflict with other meetings held concurrently at the city hall. Notice of the public hearing of the petitioner's application is to be given in the following manner:

(1)

By publishing the notice of the date, time, and place of such hearing in a paper of general circulation in the city at least 15, but not more than 30 days prior to the hearing. The planning and zoning board shall be given at least 15 days to review the preliminary plans.

(2)

By causing the notice to contain the particular location for which this special use is requested as well as a brief statement describing the proposed special use. The legal description shall, in addition to the required metes and bounds or lot and block description, contain a simple description of the property as to area and location of such a nature to enable the ordinary reader to accurately locate such property.

(3)

By sending copies of the notice of hearing to all property owners within a 250-foot radius of the property in question.

(Code 1977, § 17.52.060; Ord. No. 06-04, 2006)

(a)

No special use in any case shall be granted by the city council without a public hearing by the planning and zoning board as required herein nor without a report having been made by the commission to the city council and every report shall be accompanied by a finding of fact specifying the reasons for the reported recommendations.

(b)

The planning and zoning board shall review the application, the recommendation of the zoning administrator, and the testimony at the public hearing and shall recommend approval, recommend subject to specified conditions, or recommend denial of the special use. If the planning and zoning board neither approves nor disapproves the amendment within 60 days after the same has been submitted, it shall be considered to be approved by the commission. However, the person requesting the special use and the commission may mutually agree to an extension of time.

(Code 1977, § 17.52.060; Ord. No. 06-04, 2006)

In considering all appeals, all proposed special uses, and a review by the zoning administrator, the commission shall, before recommending that the city council grant any special use for the zoning ordinance in a specific case, first determine and make a finding of fact that the proposed special use:

(1)

Is necessary or desirable to provide a service which is in the interest of public convenience.

(2)

Will cause no additional threat to public health, safety, or welfare or creation of a nuisance.

(3)

Will cause no additional public expense for flood protection, fire rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities.

(4)

Will not unduly increase traffic congestion on public roads and highways.

(5)

Will not alter the essential character of the property in question.

(6)

Meets other requirements of this chapter, such as parking and landscaping.

(7)

Is consistent with the purpose and intent of the city's comprehensive plan.

(Code 1977, § 17.52.060; Ord. No. 06-04, 2006)

(a)

Upon the report of the planning and zoning board and the zoning administrator, the city council, without further public hearing, may adopt or deny any proposed special use or may refer the report back to the commission for further consideration.

(b)

No special use shall become effective unless it receives a simple majority vote of the city council.

(Code 1977, § 17.52.060; Ord. No. 06-04, 2006)

(a)

Issuance of a special use permit may be made subject to such conditions as are necessary to carry out the purposes of these regulations and to prevent or minimize adverse effects upon other property in the neighborhood, including, but not limited to, limitations on size and location, hours of operation, requirements for landscaping, and lighting.

(b)

Special use permits may be valid for an indefinite duration or a specific duration. Prior to the expiration of a time limit of a particular permit, the property owner may apply to the city council for a time extension.

(c)

All special use permits shall be approved for the specific tract or parcel of land, and may not be transferred to any other location. An approved special use permit is transferable to any subsequent landowner.

(d)

No special use permit shall be deemed valid unless a building permit is issued and construction has begun within one year of the approval of the special use permit. However, the person requesting the special use and the city council may mutually agree to an extension of time.

(Code 1977, § 17.52.060; Ord. No. 06-04, 2006)

The fee for special use permits shall be as provided in the city fee schedule.