A.

A special use permit is a means by which the mayor and council may give special consideration, pursuant to a set of standards and criteria, to those types of uses which may or may not be compatible with uses and structures authorized as of right within a particular zoning district. Special use permits are required for uses that have operational characteristics and/or impacts that are significantly different from the zoning district's principal authorized uses and therefore require individual review pursuant to the standards and criteria set forth in this ordinance.

B.

Special use permit applications shall be authorized only for those uses specifically listed in the applicable zoning district regulations as permitted by special use permit. Uses of land or structures that are not otherwise permitted under the zoning district cannot be lawfully permitted through any special permit approval process, even though such uses, and structures may be permitted in districts other than the district in which the subject use or structure is located. Further, any characteristic of a use or characteristic of a structure, such as size, location, function, or other characteristic, which is not otherwise permitted, cannot be lawfully permitted through any special use permit approval, even though such characteristic of use or structure may be permitted in districts other than the district in which the subject use or structure is located.

C.

An applicant desiring to apply for a special use permit shall file an application with the city on forms provided for that purpose. The mayor and council, following recommendation by the zoning official, shall determine whether the proposed use, in the particular location contemplated, meets the standards and criteria set forth in this article.

Special use permit applications may be initiated upon application by the owner of the subject property or by the authorized agent of the owner. Before deciding on any special use permit pursuant to the requirements set forth in this ordinance, the mayor and council shall provide for public notice and a public hearing thereon.

A.

Applications for special use permits shall be made on forms provided by the city and shall be filed with the city clerk. Each applicant shall complete all questions as required by the application form and provide all requested materials required by the application and this article. Required information includes the following:

1.

Survey plat of the subject property prepared within the last ten years by a professional engineer or land surveyor registered in this state. Said survey plat shall:

a.

Indicate the complete boundaries of the subject property and all buildings and structures existing thereon;

b.

Include a notation as to whether or not any portion of the subject property is within the boundaries of the 100-year floodplain; and

c.

Include a notation as to the total acreage or square footage of the subject property.

2.

Name, mailing address and phone number of all owners of the property that is the subject of the application.

3.

Signed and notarized affidavit of all owners of the subject property authorizing the filing of the application for special use permit, and where applicable, the signed and notarized affidavit of the owner of the subject property authorizing an applicant or agent to act on the owner(s)' behalf in the filing of the application. The application shall also contain the mailing address and phone number of any applicant or agent who is authorized to represent the owner of the subject property.

4.

Written legal description of the subject property.

5.

Statement of the current zoning classification of the subject property, the proposed use of the property, and the specific reference within the applicable zoning district classification that authorizes the application for said use by special use permit.

6.

A written, documented analysis of the impact of the proposed special use permit with respect to each of the criteria contained in section 11-9 below, and, where applicable to the use proposed, also the criteria contained in section 11-10.

7.

A complete and detailed site plan, drawn to scale, of the proposed use prepared, signed and sealed by an architect, landscape architect or engineer licensed in the state, showing the following:

a.

Location of all buildings and structures currently on and those proposed to be constructed on the property.

b.

Height of all proposed buildings.

c.

Proposed use of each portion of each building.

d.

All sidewalks, driveways, parking areas, and loading areas.

e.

Location of all trash and garbage disposal facilities.

f.

Setback and buffer zones required in the district in which such use is proposed to be located.

g.

Location and dimensions of all open space.

h.

Lot coverage and impervious surface area.

i.

Topographic survey at a contour interval no greater than five feet.

8.

The specific types of exterior structure materials and finishes, along with complete building elevations for each façade.

9.

All plantings and landscape materials, including the location, size and species of any trees to be removed and trees to be planted.

B.

When applications are within the commercial district, or are for any commercial, office, retail or multi-family use, the plans shall also be submitted in a digital format required by the city, provided that the requirement for digital submission may be waived by the zoning official where it concerns an existing business holding a valid occupation tax receipt from the city since January 1, 2003.

Application fees shall be as established from time to time by ordinance of the mayor and council.

A.

No application shall be considered complete, and processing of an application shall not commence, until the zoning official determines that all requirements of the application are met, including payment of application fees and any other outstanding city fees and assessments due the city. The zoning official shall conduct a site inspection and shall prepare a written analysis and recommendation of each application for special use permit. The zoning official may request additional information as may be needed to complete such review and recommendation. The recommendation of the zoning official shall be based on the criteria contained in section 11-9 below and, in addition, where applicable to the use proposed, to the criteria contained in section 11-10.

B.

No application shall be amended later than the required deadline for advertising by the legal organ of the city prior to the scheduled public hearing.

C.

The zoning official shall refer special use permit applications to any board or city official appointed by the mayor to make recommendations on a particular type of application. Where such referral is made, such board of official shall analyze the application against the criteria of section 11-9 below and, if applicable, section 11-10, and shall also prepare a written recommendation to the mayor and council.

Notice of public hearing on any proposed application for special use permit shall be published as required in article 13 Amendments, and a public hearing conducted as provided by article 13.

Applications withdrawn following the filing of a public notice for advertising the public hearing shall be with prejudice.

A.

The mayor and council, after conduct of the public hearing, shall vote to approve the application, approve the application with conditions, deny the application, defer the application, or, upon request, to permit withdrawal of the application with prejudice. The decision of the mayor and council on each application for special use permit shall be based upon a determination as to whether the applicant has met the all criteria contained in section 11-9 below and, if applicable, section 11-10, as well as any other standards applicable to the proposed use or structure as contained in this article or other city ordinances.

B.

The mayor and council may impose conditions based upon the facts in a particular case as it determines in its discretion to be necessary to protect the public interest and to protect the use and enjoyment of adjacent and nearby properties. Such conditions shall be clearly stated in the minutes of the meeting of the meeting at which the special use permit was approved or in the text of an ordinance granting the special use permit. Any conditions imposed by the mayor and council shall apply for the duration of that use or structure for which special use approval was granted. Removal of conditions may only be accomplished by filing a special use permit application seeking revision or rescission of the conditions.

The following criteria shall govern the evaluation and decision on any application for special use permit. An affirmative finding for a minimum of nine criteria listed below is required for grant of any special use permit:

A.

Adequacy of the size of the site for the use contemplated and whether adequate land area is available for the proposed use, including provision of all required yards, open space, off-street parking, and all other applicable requirements of the zoning district in which the use is proposed to be located.

B.

Compatibility of the proposed use with adjacent properties and land uses and with other properties and land uses in the district in which the approval is given.

C.

Adequacy of public services, public facilities, and utilities to serve the use contemplated.

D.

Whether the public street on which the use is proposed, as well as access to the property and to all proposed buildings, structures, and uses thereon, with particular reference to pedestrian and motorist safety and convenience, traffic flow and control, and access in the event of fire or other emergency, is adequate.

E.

Whether the proposed use will create adverse impacts upon any adjoining land use by reason of noise, smoke, odor, dust, vibration or other impacts generated by the proposed use.

F.

Whether the proposed use will create adverse impacts upon any adjoining land use by reason of the hours or manner of operation of the proposed use.

G.

Whether the proposed plan is otherwise consistent with requirements of the zoning district classification in which the use is proposed.

H.

Whether the proposed use is consistent with the comprehensive plan.

I.

Whether the length of time for which the special use permit is granted should be limited in duration.

J.

Whether the size, scale and massing of proposed buildings are appropriate in relation to the size of the subject property and in relation to the size, scale and massing of adjacent and nearby lots and buildings.

K.

Whether the proposed plan will adversely affect the city's environmental resources.

L.

Whether the proposed building as a result of its proposed height will create a negative shadow impact on any adjoining lot or building.

In addition to the criteria contained in section 11-9 above, the following additional criteria shall apply to the uses specified below. No application for a special use permit for the uses below shall be granted by the mayor and council unless it is determined that, in addition to meeting the requirements contained within the zoning district in which such property is located, and the criteria contained in section 11-9 of this ordinance, the criteria of this section are met:

A.

Outdoor event entertainment.

1.

Sufficient parking must exist to accommodate the maximum occupancy load anticipated at the event while maintaining sufficient parking for commercial and office uses within one mile of the facility.

2.

Residential use within one mile of the facility shall not be impacted by noise between the hours of 9:00 p.m. and 9:00 a.m. of the following day.

B.

Indoor entertainment venues.

1.

Sufficient parking must exist to accommodate the maximum occupancy load anticipated at the event while maintaining sufficient parking for commercial and office uses within one mile of the facility.

2.

Residential use within one mile of the facility shall not be impacted by noise between the hours of 9:00 p.m. and 9:00 a.m. of the following day.

C.

Auto parts and accessories stores.

1.

No more than one such store per 500 population or fractional part of 500 population according to the 2010 decennial census or any subsequent such census shall be permitted within the city.

2.

No outdoor storage permitted.

3.

No work on vehicles shall occur on the premises except within indoor bays.

D.

Convenience stores (without or without fuel pumps).

1.

No more than one such store per 500 population or fractional part of 500 population according to the 2010 decennial census or any subsequent such census shall be permitted within the city.

2.

No outdoor storage permitted.

E.

Gasoline and fuel stations (with or without convenience stores).

1.

No more than one such store per 500 population or fractional part of 500 population according to the 2010 decennial census or any subsequent such census shall be permitted within the city.

2.

No outdoor storage permitted.

3.

No repair work on vehicles shall occur on the premises except within indoor bays.

F.

Tire stores see Auto parts and accessory stores.

G.

Tobacco stores.

1.

No more than one such store per 500 population or fractional part of 500 population according to the 2010 decennial census or any subsequent such census shall be permitted within the city.

H.

Vehicle repair.

1.

No more than one such store per 500 population or fractional part of 500 population according to the 2010 decennial census or any subsequent such census shall be permitted within the city.

2.

No outdoor storage permitted.

3.

All work on vehicles shall occur entirely inside enclosed buildings.

I.

Vehicle servicing.

1.

No more than one such store per 500 population or fractional part of 500 population according to the 2010 decennial census or any subsequent such census shall be permitted within the city.

2.

No outdoor storage permitted.

J.

Package sales of distilled spirits.

1.

No more than one such store per 500 population or fractional part of 500 population according to the 2010 decennial census or any subsequent such census shall be permitted within the city.

K.

Radio and frequency transmission facilities.

1.

In determining whether to authorize a special use permit for a telecommunication tower or antenna, the mayor and council shall also consider each of the following factors:

a.

Height of the proposed tower.

b.

Proximity of the tower to residential structures.

c.

Nature and uses of adjacent and nearby properties.

d.

Surrounding topography.

e.

Surrounding tree cover and foliage.

f.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

g.

The presence of nearby towers with remaining available capacity.