A special use is a land use which, because of its unique nature, is compatible with the permitted land uses in a given zoning district only upon a determination that the external effects of the use in relation to the existing and planned uses of adjoining property and the neighborhood can be mitigated through imposition of certain standards and conditions. This article sets forth the standards used to evaluate proposed special uses and the procedures for approving specific use permit applications.

No special use shall be established and no building permit shall be issued for any use designated as a special use within any zoning district until a special use permit (SUP) is issued in accordance with the provisions of this article. An application for a special use permit shall be accompanied by a concept plan or a detailed site plan prepared in the manner described in article 30.02, division 7 of this chapter. The concept plan or site plan shall illustrate the proposed use to be established, its relationship to adjoining properties, and how it meets the approval standards set forth in section 30.05.005.

The designation of a use in a zoning district as may be permitted by special use permit in article 30.06 of this chapter does not constitute an authorization or assurance that such use will be approved.

Approval of a special use permit shall authorize only the particular use for which the special use permit is issued.

No use authorized by a special use permit shall be enlarged, extended or relocated, nor may the number of dwelling units be increased, unless an application is made for approval of a new specific use permit in accordance with the procedures set forth in this article and article 30.02, division 5 of this chapter.

Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the city code, and any permits that may be required by regional, state or federal agencies.

An application for a special use permit may be submitted by the property owner or by the property owner’s designated representative to the city. The application shall be accompanied by a concept plan or site plan prepared in accordance with the requirements of article 30.02, division 7 of this chapter. If a base zoning district amendment is required or requested, such rezoning application shall accompany the application for a specific use permit.

If the proposed use requires a division of or the platting of land, an application for the first step in subdivision approval shall be submitted in conjunction with the application for a specific use permit (see chapter 28 regarding subdivisions). Approval of the specific use permit shall not become effective until final approval of the subdivision application provided that, if the land is to be divided and developed in phases, the approval of the specific use permit shall take effect upon construction plat approval of the phase of the subdivision containing the property on which the special use is to be located.

Upon receipt of the recommendation from the city manager, or his designee, the planning and zoning commission shall conduct a public hearing (in accordance with article 30.02, division 5 of this chapter) in order to formulate its recommendations to the city council on the specific use permit application. Following the public hearing, the planning and zoning commission shall recommend approval, approval subject to modification, or denial of the proposal to the city council in accordance with article 30.02, division 5 of this chapter. If the appropriateness of the use cannot be assured at the location, the planning and zoning commission shall recommend denial of the application as being incompatible with existing uses or with other uses permitted by right in the district.

The city council shall be the final decision-maker on applications for specific use permits. Following a public hearing and in consideration of the planning and zoning commission’s recommendations, the city council shall approve, modify or deny the proposal for a specific use permit in accordance with article 30.02, division 5 of this chapter. If the appropriateness of the use cannot be assured at the location, the application for specific use permit shall be denied as being incompatible with existing uses or with other uses permitted by right in the district.

When considering applications for a specific use permit, the planning and zoning commission in making its recommendation and the city council in rendering its decision on the application shall, on the basis of the concept plan/site plan and other information submitted, evaluate the impact of the special use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The planning and zoning commission and the city council shall specifically consider the extent to which:

In approving the application, the planning and zoning commission may recommend, and the city council may impose, such additional conditions as are reasonably necessary to assure compliance with these standards and the purpose and intent of this article, in accordance with the procedures in article 30.02, division 5 of this chapter. Such additional conditions shall exceed the minimum standards contained herein or in any other applicable city code or ordinance, and they cannot, in effect, relax or grant relief from any of the city’s minimum standards (see subsection (c) of this section). Any conditions imposed shall be set forth in the ordinance approving the special use, and shall be incorporated into or noted on the concept plan or site plan for final approval. The city manager, or his designee, shall verify that the plan incorporates all conditions set forth in the ordinance authorizing the special use, and shall sign the plan to indicate final approval. The city shall maintain a record of such approved special uses and the site plans and conditions attached thereto.

The foregoing additional conditions shall not be subject to variances that otherwise could be granted by the board of adjustment, nor may conditions imposed by the city council subsequently be waived or varied by the board of adjustment. In conformity with the authority of the city council to authorize special uses, the city council may waive or modify specific standards otherwise made applicable to the use by this chapter, to secure the general objectives of this article; provided, however, that the city council shall not waive or modify any approval factor set forth in subsection (a) of this section.