(a)

A special use permit is a grant of a use of land and/or a structure in a zoning district where the use is not specifically authorized by ordinance in that district. Special use permits may be granted to allow compatible and orderly uses which may be suitable only in certain locations in a zoning district and subject to certain conditions.

(b)

A special use permit is a zoning action to consider granting an additional use to a specific piece of property but not to change the underlying zoning of the land. A special use permit is subject to the same procedures for an amendment and change in zoning as specified in state law and city ordinances.

(c)

Every special use permit granted as provided herein shall be considered a change to the zoning applicable only to the property to which granted.

(d)

The city council may authorize the development of uses not otherwise permitted in the zoning district where the property in question is located, subject to sections 40-162 through 40-1164.

(Code 1985, § 31.751; Ord. No. 2009-01, 1-15-2009)

(a)

Content of application and site plan. An application for a special use permit shall be filed with the city manager. The application shall be accompanied by a site plan drawn to scale showing:

(1)

The arrangement of the proposed uses;

(2)

Location of off-street parking facilities to include dimensions, number of spaces, arrangement, landscaping, and finish materials;

(3)

Location of all buildings, improvements, fences, signs, and dumpsters;

(4)

Means of ingress and egress to public streets and adjacent properties;

(5)

Visual screening;

(6)

The location and area of coverage of all outside lighting, including spill-over onto adjacent public and private properties;

(7)

Drainage and any modifications to existing drainage characteristics, existing and proposed surface water entry and discharge locations, and any detention or retention facilities;

(8)

Uses to be permitted;

(9)

Setbacks from lot lines; and

(10)

Any other information requested by the city, the zoning commission, or the city council.

(b)

Action by city manager. The city manager shall file the application and provide a staff report on the application to the zoning commission.

(Code 1985, § 31.752; Ord. No. 2009-01, 1-15-2009)

The zoning commission shall conduct a public hearing on the special use permit application and make a recommendation to the city council on the application. After receiving the recommendation of the zoning commission, the city council shall conduct a public hearing regarding the special use permit application.

(Code 1985, § 31.753; Ord. No. 2009-01, 1-15-2009)

(a)

Adverse impact. The zoning commission shall recommend denial of a special use permit and the city council shall deny any special use permit as submitted and pending before it, unless it finds the proposed use will not adversely affect traffic, public health, public utilities, public safety, and the general welfare.

(b)

Incompatibility. The zoning commission shall recommend denial and the city council shall deny a special use permit application if it finds:

(1)

The proposed use, alone or in conjunction with existing uses, results in a change of the character of use, or in the level of density or intensity of use, not compatible with the adjacent property; or

(2)

Would contribute to the loss, deterioration, destruction, or degradation of existing neighborhood integrity.

(c)

Council discretion. The city council has the discretion to approve, approve with conditions, or deny any application for a special use permit.

(Code 1985, § 31.754; Ord. No. 2009-01, 1-15-2009)

Conditions imposed by the city council at the time of approving a special use permit shall be stated in the special use permit. No special use permit shall be effective, unless and until the applicant, owner, and grantee of the special use permit shall deliver to the city manager, within 30 days of the grant of the special use permit by the city council, a signed written statement declaring that the applicant, owner, and grantee do accept and agree to comply with and be bound by the terms of the special use permit. In the event such written, signed declaration is not so delivered, then the special use permit shall not be effective and shall automatically expire.

(Code 1985, § 31.755; Ord. No. 2009-01, 1-15-2009)

If a building permit is required but not obtained within one year from the grant of a special use permit by the city council, then the special use permit shall automatically expire.

(Code 1985, § 31.756; Ord. No. 2009-01, 1-15-2009)

The city council may impose conditions on any special use permit. All conditions imposed in a special use permit that can be satisfied before initial occupancy shall be satisfied before a certificate of occupancy is issued by the city for the use of the premises included in the special use permit. Such conditions as are articulated in writing at the time the special use permit is granted shall not be construed as conditions precedent of the grant of the special use permit, but shall be construed as conditions precedent of the issuance of a certificate of occupancy. Any special use permit issued by the city without the written specification of the conditions upon which it was granted shall be revocable by the city council unless the special use permit was specifically granted with no conditions.

(Code 1985, § 31.757; Ord. No. 2009-01, 1-15-2009)

The final action taken by the city council shall be noted, as soon as practicable, on the official zoning map, and on any other administrative copies, as to the location of the property and the type of use permitted by each special use permit granted.

(Code 1985, § 31.758; Ord. No. 2009-01, 1-15-2009)