The provisions of this chapter shall apply in considering a Special Use within the terms of Title 17 of the city code. A Special Use shall not be considered a right or special privilege and shall not be granted in conflict with the public interest. The purpose of this chapter is for the city, through the planning commission and the city council, to allow Special Uses according to the terms set forth in this chapter.

(Ord. 2023-2 §1, 2023; Ord. No. 2012-4 § 1, 12-17-2012; Ord. 443 Ch. 4 § 1, 1979)

In acting upon an application for a Special Use, the planning commission shall review the application and make further investigation, at the commission’s discretion. The commission shall evaluate each application based on the following:

1. The granting of the Special Use will not be in conflict with the comprehensive plan for the city or the objectives of the Title 17.
2. The granting of such Special Use will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements of other property owners, or the quiet enjoyment of such property or improvements.
3. The property subject to the Special Use will be designed, constructed, operated and maintained so that such Special Use will not substantially interfere with adjacent or nearby property owners and will not interfere with foreseeable future uses.
4. The property subject to the Special Use will be served adequately by essential public facilities and services such as highways, streets, police and fire protections, drainage structures, refuse disposal, water and sewer and schools.
5. The granting of the Special Use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
6. The Special Use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
7. The property subject to the Special Use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and
8. The granting of the Special Use will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of significance or importance.

(Ord. 2023-2 §1, 2023; Ord. 443 Ch. 4 § 2, (1979)

A written application for a Special Use must be submitted to the clerk and contain the following:

1. Name, address and phone number of applicant(s);
2. Legal description of property (and street address, where possible);
3. Description or nature of the Special Use requested; and
4. A one-paragraph summary, containing not more than one hundred (100) words of the Special Use requested.

(Ord. 2023-2 §1, 2023; Ord. No. 2012-4 § 2, 12-17-2012; Ord. 443 Ch. § 3, 1979)

Prior to granting a Special Use under this Chapter, at least one (1) public hearing in which interested persons shall have an opportunity to be heard shall be held before the commission. At least fifteen (15) days prior to the hearing, notice of the time and place, and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction at the applicant’s expense. Notice shall be posted on the premises not less than one (1) week prior to the hearing. Notice shall also be provided to property owners or purchasers of record within the land being considered, three hundred (300) feet of the external boundaries of the land being considered, and any additional area that may be substantially impacted by the proposed special use as determined by the commission, provided that in all cases notice shall be provided individually by mail to property owners or purchasers of record within the land being considered and within three hundred (300) feet of the external boundaries of the land being considered. Any property owner or purchaser of record entitled to specific notice pursuant to the provisions herein shall have a right to be heard at the hearing.

(Ord. 2023-2 §1, 2023)

The commission shall make recommendations to the council based upon the standards set forth in this Chapter. Furthermore, the commission’s recommendations may include proposed conditions to be attached to such Special Use.

(Ord. 2023-2 §1, 2023; Ord. No. 2012-4 § 3, 12-17-2012; Ord. 443 Ch 4 § 5, 1979)

1. The council shall either approve, conditionally approve, or deny the request for the Special Use.
2. With respect to approval, conditional approval, or denial, the council shall specify:
   1. The ordinance and standards used in evaluating the application;
   2. The reasons for approval or denial; and
   3. The actions, if any, that the applicant could take to obtain an approval of a Special Use.

(Ord. 2023-2 §1, 2023; Ord. No. 2012-4, § 4, 12-17-2012; Ord. 443 Ch. 4 § 6, 1979)

The clerk shall provide the applicant with written notice of the council’s action on the applicant’s request for Special Use.

(Ord. 2023-2 §1, 2023; Ord. No. 202-4 § 6, 12-17-2012; Ord. 443 Ch. 4 § 7, (1979)