An application for special use permit shall be filed with the commission by at least one owner of property for which such special use is proposed. At a minimum, the application shall contain the following information:

   A.   Name, address and phone number of applicant.

   B.   Legal description of property (with street address, if possible).

   C.   Description of existing use.

   D.   Zoning.

   E.   Description of proposed special use.

   F.   A plan of the proposed site for the special use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the commission may require to determine if the proposed special use meets the intent and requirements of this title.

   G.   A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the zone; and the relationship of the proposed use to the comprehensive plan.

   H.   The county reserves the right to request more information. (Ord. 51, 9-2-2003)

The commission shall review the particular facts and circumstances of each proposed special use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

   A.   Will, in fact, constitute a special use as established in this title for the zone involved, in that it is not already defined as a permitted use in this title.

   B.   Will be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan and/or this title.

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

   D.   Will not be hazardous or disturbing to existing or future neighboring uses.

   E.   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.

   F.   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.

   G.   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.

   H.   Will have vehicular approaches to the property that shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.

   I.   Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. (Ord. 51, 9-2-2003)

In granting any special use, the board may prescribe appropriate conditions, bonds and safeguards in conformity with this title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the special use is granted, shall be deemed a violation of this title. (Ord. 51, 9-2-2003)

Prior to granting a special use permit, at least one 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. Notice may also be made available to other newspapers, radio stations or television stations serving in the jurisdiction for use as a public service announcement. Notice of the hearing shall also be provided by regular mail to property owners and residents within three hundred feet (300') beyond 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. Property owners or residents who reside outside the postal service zip code mailing limits of the city, and whom the commission determines may be impacted by the proposed change, shall be given notice of the public hearing by regular mail. When notice is required to two hundred (200) or more property owners or residents, in lieu of the mailing notification, three (3) notices in the official newspaper or paper of general circulation is sufficient; provided, the third notice appears ten (10) days prior to the public hearing. (Ord. 51, 9-2-2003)

   A.   Within forty five (45) days after the public hearing, the commission shall recommend approval, conditional approval, or disapproval of the application for special use permit as presented.

   B.   Upon recommending a special use permit, conditions may be attached to a special use permit including, but not limited to, those:

      1.   Minimizing adverse impact on other developments.

      2.   Controlling the sequence and timing of development.

      3.   Controlling the duration of development.

      4.   Assuring that development is maintained properly.

      5.   Designating the exact location and nature of development.

      6.   Requiring the provisions for on site or off site public facilities or services.

      7.   Requiring more restrictive standards than those generally required by this title.

   C.   Prior to granting a special use permit, the commission may request studies from the applicant or public agencies concerning social, economic, fiscal and environmental effects of the proposed special use. A special use permit shall not be considered as establishing a binding precedent to grant other special use permits. A special use permit is not transferable from one parcel of land to another.

   D.   The commission shall ensure that any favorable recommendations for special use permits are in accordance with the comprehensive plan and established goals and objectives.

   E.   Upon granting or denying an application, the commission shall specify:

      1.   The ordinance and standards used in evaluating the application.

      2.   The reasons for approval or denial.

      3.   The actions, if any, that the applicant could take to obtain a permit. (Ord. 51, 9-2-2003)

Within ten (10) days after a recommendation has been rendered, the administrator shall provide the applicant with written notice of the action on the request. (Ord. 51, 9-2-2003)

   A.   After a recommendation has been made by the commission, it shall be presented to the board at the next regular meeting. The board shall, within thirty (30) days, render a decision or set a hearing date with the same notice requirements as section 5-9-4 of this chapter. If a hearing is held, a decision must be made within thirty (30) days from the date of the hearing.

   B.   If the conditions of the permit are not met, the special use permit is considered in violation of its terms and conditions and will cease and no longer be considered granted by the board unless corrective action is taken immediately.

   C.   Any special use not implemented within three hundred sixty five (365) days of board approval or abandoned for a period of three (3) years shall cease and no longer be considered granted by the board. (Ord. 51, 9-2-2003)