This code divides the entire city into zoning districts, and in each district there are mutually compatible uses which are permitted. The code recognizes, however, that other uses may be necessary or desirable, but their potential influence on permitted uses could be harmful. For this reason, they are classed as special uses and may be permitted only under certain conditions. These special uses may be public or private uses. If a use is not listed as a special use within the zoning district, then an amendment shall be required.

(Ord. 1070, § 40-9-1, passed 7-20-1998; Am. Ord. 1187, passed 5-7-2001; Am. Ord. 1333, passed 4-25-2005)

   A special use permit may be granted by the Board of Appeals in accordance with the procedures set forth in this Article IX.

(Ord. 1070, § 40-9-2, passed 7-20-1998)

   Application shall be made to the Zoning Administrator and he or she shall transmit copies of the application to the Planning Commission and Zoning Board of Appeals. Those applicants wishing to subdivide the land shall comply with the subdivision regulations. Other applicants shall supply the information required by this code, the building permit form, or as requested by the Zoning Board of Appeals.

(Ord. 1070, § 40-9-3, passed 7-20-1998)

   The Planning Commission shall submit an advisory report directly to the Zoning Board of Appeals prior to the Zoning Board’s next regularly scheduled meeting. All advisory reports shall consider at least the following:

   (A)   The effect the proposal would have on the city's Comprehensive Plan;

   (B)   The effect the proposal would have on the health, welfare, safety, morals and comfort of area residents;

   (C)   The effect the proposal would have on schools, traffic, streets, shopping, public utilities and adjacent properties;

   (D)   The provisions of Article V, when applicable;

   (E)   Any other legal requirements or considerations.

(Ord. 1070, § 40-9-4, passed 7-20-1998)

   The Zoning Board of Appeals shall follow the hearing requirements of § 40-7-5.

(Ord. 1070, § 40-9-6, passed 7-20-1998)

   (A)   No special use may be granted by the Board unless it finds that the special use:

      (1)   Is necessary for the public convenience at that location or, in the case of existing nonconforming uses, that a special use permit will make the use more compatible with its surroundings;

      (2)   Is so designed, located and proposed to be operated that the public health, safety, and welfare will be protected;

      (3)   Will not cause substantial injury to the value of other property in the neighborhood in which it is located; and

      (4)   Will not be detrimental to the essential character of the district in which it is located.

   (B)   In the case of planned unit development, the additional provisions of Article V shall be complied with.

   (C)   The Board may provide such conditions or restriction upon the construction, location, and operation of the special use, including but not limited to provisions for the protection of adjacent property, the expiration of said special use after a specified period of time, or off-street parking and loading, as shall be deemed necessary to promote the general intent and purpose of this code, and to reduce potential injury to the value of property in the neighborhood.

(Ord. 1070, § 40-9-7, passed 7-20-1998)

   Any expansion of a special use involving the enlargement of the buildings, structures, and land area devoted to such use shall be subject to the procedures set forth in this Article IX.

(Ord. 1070, § 40-9-8, passed 7-20-1998)

   After a permit has been issued, minor changes in a developmental plan may be made upon application to the Board of Appeals. Major changes in the developmental plan require total review and re- application.

(Ord. 1070, § 40-9-9, passed 7-20-1998)

   (A)   Every special use permit granted shall be accompanied by a finding of fact specifying the reason for granting such special use permit.

   (B)   The Board of Appeals may revoke a permit issued under this article if:

      (1)   The proposal for which a permit has been issued is not carried out pursuant to the approved final site plan;

      (2)   If any condition or requirement included in the permit is not complied with. The Board of Appeals may, however, allow modification of the final plan, before completion, in conformity with the application provisions for review as provided for in this Article IX; or

      (3)   If after a period of two years, no action, construction, or permit has been issued on behalf of the applicant, the special use permit will be considered to have expired. All outstanding special use permits that have been issued prior to the passage date of Ord. 1775, shall have a period of two years to take action, construct, or apply for a permit, before that special use permit shall be considered expired also; however, the applicant may apply, at no cost, for a one time, one-year extension.

   (C)   After receiving the hearing record and decision on a petition for special use permit from the Zoning Board of Appeals, the City Council shall act in accordance with § 40-7-5(B).