A special permit is a permit for a use of a lot, tract of land, building, or structure which is permissible under this chapter only if authorized by the Planning Commission.

(Ord. 3639, passed - -2000)

   The Planning Commission, before hearing or acting upon any application for a special permit under any provision of this chapter, shall, by resolution, adopt standards and procedures to be applied and followed by the Commission for the purpose of equitably and judiciously granting such special permits, which standards and procedures shall be subject to approval by the City Council, all as provided by state law. Such resolution(s), when adopted, shall govern all proceedings before and by the Planning Commission concerning special permits. The adoption by the Planning Commission of a resolution in the following form:

   BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SCOTTSBLUFF, NEBRASKA, that the Planning Commission hereby adopts “as the standards and procedures to be applied and followed by it for the purpose of equitably and judiciously granting special permits under Chapter 25 of the municipal code as now existing or hereafter amended” all of the standards and procedures prescribed in such chapter, as now existing or hereafter amended, concerning the issuance of special permits, shall constitute adoption by the Commission of the standards and procedures required by the statute; and the standards and procedures thus adopted by the Commission shall be deemed to have been approved by the City Council.

(Ord. 3639, passed - -2000)

   The Planning Commission may issue a special permit for the use of a lot, tract of land, building, or structure in circumstances and a manner authorized by other articles of this chapter if the Commission finds the proposed use:

   (A)   Provides a service required by the neighborhood or community and is consistent with sound principles of land use;

   (B)   Will not be injurious to the use of neighboring lots, tracts of land, buildings, or structures;

   (C)   Will not create special hazards or problems for the area in which it is located;

   (D)   Is related to and harmonious with the general plan for the area in which it is located, as indicated by this chapter; and

   (E)   Otherwise is in accordance with the intents and purposes of this chapter. The Commission may make the use which is authorized in the special permit subject to reasonable conditions which in the discretion of the Planning Commission are necessary to carry out the intents and purposes of this chapter.

(Ord. 3639, passed - -2000)

   (A)   An application for a special permit shall be signed by the owner of the lot, tract of land, building, or structure in respect of which the permit is sought and, if the use is proposed by a person other than the owner, by such other person, and shall be filed with the Development Services Director.

   (B)   The application shall be addressed to the Planning Commission and shall contain:

      (1)   A description of the lot or tract of land and the building or structure thereon, if there is any, for which the special permit is requested;

      (2)   The name or names of the owner or owners;

      (3)   A description of the nature of the use for which the special permit is requested;

      (4)   A statement of the section of this chapter which is asserted to authorize the use for which the special permit is requested; and

      (5)   A statement of the reason or reasons why the special permit should be issued. The application shall be accompanied by the filing fee provided in Chapter 6, Article 6 of this code of ordinances.

   (C)   This section shall have no application to applications for special permit to construct and maintain a perimeter fence.

(Ord. 3639, passed - -2000)

   The Secretary of the Planning Commission, at the request of the Development Services Director, shall promptly set the application for public hearing. The Secretary shall give notice of the time, place, and purpose of the hearing in the same manner as notice is required to be given by Neb. RS 19-904 and 19-905. Any person entitled to notice may waive notice of a hearing in writing. Such waiver must accompany the application.

(Ord. 3639, passed - -2000)

   No special permit shall be issued unless the Planning Commission shall find in writing that there exists as a basis for the permit the facts that under this chapter authorize issuance of the permit.

(Ord. 3639, passed - -2000)

   If the Planning Commission fails to act on an application after three regular meetings of the Commission, the Commission shall be deemed to have issued the special permit effective on the date of the second regular meeting without conditions; provided, if the applicant requests or consents to a continuance of the hearing beyond such date, the preceding provisions of this section shall not apply.

(Ord. 3639, passed - -2000)

   No special permit may be issued while an application for a variance is pending on hearing or determination by the Board of Adjustment or on appeal from its decision.

(Ord. 3639, passed - -2000)

   If the use for which a special permit is required also requires a building permit, a special permit issued by the Planning Commission shall expire one year after the day it is issued unless the required building permit is issued within one year after the special permit is issued.

(Ord. 3639, passed - -2000)

   Neither a building permit nor a certificate of occupancy for a use requiring a special permit may be issued before a special permit is issued by the Planning Commission. If the Commission issues a special permit for a use which requires a building permit or a certificate of occupancy, or both, neither a building permit nor, as the case may be, certificate of occupancy may be issued until a ten-day appeal period has expired.

(Ord. 3639, passed - -2000)

   A special permit may not be transferred and, if a change of ownership of the lot or tract of land for which the special permit was issued occurs, the special permit shall thereupon terminate.

(Ord. 3639, passed - -2000)

   A special permit to construct and maintain a perimeter fence may only be issued to and held by a corporation:

   (A)   Organized and having perpetual existence under the laws of the state;

   (B)   Having a registered agent in the county;

   (C)   Having under its articles of incorporation power to construct and maintain such a fence;

   (D)   Which owns the lands or part of the lands on which the fence is to be constructed or, if it does not own any, or owns only a part, of such lands, has a clear legal right to construct and maintain the fence on the lands which it does not own;

   (E)   Which has entered into covenants in writing with the owners of any lands which the corporation does not own to construct and maintain the entire fence in perpetuity, which covenants shall run with the lands, bind also the corporation’s successors, and be in recordable form;

   (F)   Which has recorded similar covenants with respect to lands which the corporation still owns; and

   (G)   Which has otherwise complied with the requirements for a special permit prescribed in this article.

(Ord. 3639, passed - -2000)

   (A)   An application for a special permit to construct and maintain a perimeter fence may be signed only by a corporation which meets or will meet all of the requirements specified in Neb. RS 25-13-12. The application shall allege, in addition to the matters specified in Neb. RS 25-13-4, that the corporation has complied, or before issuance of a permit will comply, in full with each of the requirements specified in Neb. RS 25-13-12, stating the facts with respect to each requirement in such section.

   (B)   The application shall be accompanied by:

      (1)   A copy, certified by the secretary of the corporation, of the articles of incorporation and any amendments thereto, showing the dates of filing of each with the Secretary of State; and

      (2)   If the fence, or a part thereof, is to be constructed upon lands not owned by the corporation, a list of the names and addresses of the owners of such lands, together with a sample copy of the written covenants which the corporation has entered or will enter into with such owners on behalf of itself, its successors, and assigns concerning the construction and maintenance of the fence; and, with respect to the lands of which the corporation still is the record title owner, a sample copy of the written covenants which the corporation has executed and recorded, or will execute and record, whereby the corporation has bound or will bind itself, its successors, and assigns to construct and maintain the fence. The application shall also be accompanied by a filing fee in the amount specified in provided in Chapter 6, Article 6 of this code of ordinances.

(Ord. 3639, passed - -2000)

   If the Planning Commission finds that a special permit to construct and maintain a perimeter fence should issue it may make the special permit, when issued, subject to reasonable conditions, and shall, before a special permit is issued, fix the amount of a bond to be filed by the corporation with the City Clerk, and by him or her approved, prior to issuance of the special permit. The bond shall be executed by the corporation and by a corporate surety authorized to do business in the state. The bond shall be payable to the city to reimburse the city for any damage the city may sustain in the event the corporation, its successors, or assigns shall fail to construct and maintain the perimeter fence, or any part thereof, in compliance with the requirements of Article 4 of this chapter, as amended, and of this article, as amended (including, but not limited to, reasonable expense, the city may incur in obtaining or attempting to obtain compliance by the corporation, its successors, or assigns with such articles, whether through or without litigation); and the condition of the bond shall be that the corporation, its successors, and assigns, shall construct and maintain the perimeter fence in compliance with the requirements of Article 4 of this chapter, as amended, and of this article, as amended; otherwise, the bond shall remain in full force and effect.

(Ord. 3639, passed - -2000)

   The permit shall, in the sound discretion of the Planning Commission, be for a permanent use or for use for a term of years, and regardless, shall be subject to the conditions specified in §§ 25-13-16 and 25-13-17 of this article.

(Ord. 3639, passed - -2000)

   If the corporation shall fail to construct or to maintain the perimeter fence in compliance with the requirements of Article 4 of this chapter, as amended, and of this article, as amended, the Development Services Director shall so notify the corporation (or as the case may be, its successors or assigns) and the surety company in a writing mailed to each by certified mail addressed to the last known address of each. If the default shall not have been corrected within 90 days thereafter, the Planning Commission thereafter may, after notice to the corporation, surety company, and owners of record of the lands on or adjacent to which the fence, or affected segment of the fence, was constructed, and hearing order the fence repaired, replaced, or removed in whole or in part, and either before, after, or in the absence of an order to repair, replace, or remove the fence, may revoke the special permit in whole or in part. The remedies herein provided shall not be exclusive of, but cumulative to, any other remedies at law or equity which the city or owners of affected lands may have by reason of the presence, nature, condition, or absence of the fence, or any part thereof, and resort to one remedy shall not bar a resort to another unless the remedies are inherently mutually exclusive.

(Ord. 3639, passed - -2000)

   Anything in this or any other article of this chapter to the contrary notwithstanding, any permit that may be issued by the Planning Commission to construct and maintain a perimeter fence within the right-of-way of a public street or alley or other public way which then is outside the corporate limits of the city shall be and remain without prejudice to any rights with respect to such street, alley, or other public way which are vested in the public by operation of law; and if such street, alley, or public way subsequently shall be annexed to the city, shall be and remain subject to the power of the City Council to order removal of obstructions from any streets, alleys, or public ways within the corporate limits of the city. Any permit which the Planning Commission may propose to issue concerning the construction and maintenance of a perimeter fence within the right-of-way of a public street or alley or other public way which then is within the corporate limits of the city shall be and remain subject to the power of the City Council to order removal of obstructions from any streets, alleys, or public ways within the corporate limits of the city, and no such permit shall be issued by the Planning Commission prior to authorization of the proposed obstruction by the City Council. Such authorization by the City Council, if granted, shall in terms reserve to the City Council the right subsequently to order the obstruction removed, and may be upon such other terms and conditions as the City Council may prescribe.

(Ord. 3639, passed - -2000)

   If the Planning Commission finds that a special permit to erect and maintain a subdivision identification sign or signs in a residence zone should issue, it may make the special permit, when issued, subject to reasonable conditions, and shall, before a special permit is issued, fix the amount of a bond to be filed by the owner of the sign(s) with the City Clerk, and by him or her approved, prior to issuance of the special permit. The bond shall be executed by the owner and by a corporate surety authorized to do business in the state. The bond shall be payable to the city to reimburse the city for any damage the city may sustain in the event the owner, its successors, or assigns shall fail to construct and maintain the sign, or any part thereof, in compliance with the requirements of Article 6 of this chapter, as amended, (including, but not limited to, reasonable expense the city may incur in obtaining or attempting to obtain compliance by the owner, its successors, or assigns with such article, whether through or without litigation); and the condition of the bond shall be that the owner, its successors, and assigns shall erect and maintain the sign in compliance with the requirements of Article 6 of this chapter, as amended; otherwise, the bond shall remain in full force and effect.

(Ord. 3639, passed - -2000)