It is the intent of this section to set forth procedures and standards for special land uses that are required by this ordinance including those listed in section 4.04 of this ordinance.

Applications for special land use permits authorized by this ordinance shall be submitted to the zoning or code inspector on a form provided by the city. In addition to a complete application form, the applicant is required to submit a preliminary site plan prepared in accordance with section 9.03. Incomplete submittals shall not be accepted by the city clerk.

Preliminary site plan review shall be required in conjunction with all applications for special land uses. An applicant shall submit a request for preliminary site plan review by filing with the city clerk completed forms, payment of the review fee, and the minimum of copies of the preliminary site plan drawing(s) as set forth in the land use application packet.

Approval of a preliminary site plan by the city shall only be valid if approved in conjunction with approval of a special land use and shall indicate general acceptance of the proposed layout of buildings, streets and drives, parking areas, other facilities and overall character of the proposed development. Following approval of a special land use and preliminary site plan, the applicant shall be required to submit a final site plan in accordance with article 8.

(1)

Special land use permits may be granted by the city council, upon a recommendation from the planning commission, at its discretion.

(2)

The zoning or code inspector or his/her designee shall review the proposed application and preliminary site plan to determine if all required information has been supplied, and forward the completed application, preliminary site plan, and supporting data to the planning commission for a recommendation.

(3)

At the next available meeting, the planning commission shall review the special land use application and make a recommendation to either approve, approve with conditions, postpone or deny the proposed special land use.

(4)

Upon receipt of a recommendation by the planning commission, a public hearing shall be scheduled for city council. Prior to the public hearing, one notice that such a request has been received shall be published in at least one newspaper of general circulation within the city. In addition, a certified notice shall be sent or personally delivered to the owners of the property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.

The notice shall be given not less than 15 days before the date of the public hearing. The notice shall:

(a)

Describe the nature of the special land use request;

(b)

Indicate the property which is the subject of the special land use request;

(c)

State when and where the special land use request will be considered;

(d)

Indicate when and where written comments will be received concerning the request;

(e)

Indicate that a public hearing on the special land use has been scheduled at the initiative of city council.

(5)

After notice, and after a public hearing is held, the city council may approve, approve with conditions, or deny a request for a special land use. The decision of the city council shall be incorporated in a statement of conclusions relative to the special land use under consideration. Any decision which denies a request or imposes conditions upon its approval shall specify the basis for the denial or the conditions imposed.

The city council may impose such additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights, and for insuring that the purposes of this ordinance and the general spirit and purpose of the district in which the special use is proposed will be observed.

(Ord. No. 719, § 1, 5-4-09)

The city council and planning commission shall review the proposed special use in terms of any specific standards stated within this ordinance and shall establish that such use and the proposed location:

(1)

Will be harmonious and in accordance with the general objectives or any specific objectives of the master plan.

(2)

Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area.

(3)

Will not be hazardous or disturbing to existing abutting and nearby uses or uses reasonably anticipated in the future.

(4)

Will be an improvement in relation to property in the immediate vicinity and to the city as a whole.

(5)

Will be served adequately by essential public services and facilities or that the persons responsible for the establishment of the proposed use will provide adequately any such service or facility.

(6)

Will not create excessive additional public costs and will not be detrimental to the economic welfare of the city.

(7)

Will be consistent with the intent and purposes of this ordinance, and comply with all specific standards which are established for said use by this ordinance.

Unless otherwise specified by the city council, any special land use permit granted under this section shall be null and void unless the development proposed shall have its first building inspection within one year from the date of the granting of the permit. The zoning or code inspector or his/her designee shall give notice by certified mail to the holder of a permit before voidance is actually declared. Said notice shall be mailed to the permit holder at the address indicated on said permit. Within 30 days of receipt of notice of voiding of the permit, the applicant shall have the right to request an extension of the permit from the city council. The city council may grant an extension thereof for good cause for a period not to exceed one year.

The zoning or code inspector may suspend or revoke a permit issued under the provisions of this ordinance whenever the permit is issued erroneously on the basis of incorrect information supplied by the applicant or his agent and is in violation of any of the provisions of this ordinance or of any other ordinances or regulations of the city.

No application for a special use permit which has been denied wholly or in part shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or change of conditions found to be sufficient to justify reconsideration by the city council.