A.   It is recognized that an increasing number of new kinds of uses are appearing, and that many of these and some other more conventional uses possess characteristics of such a unique and special nature relative to location, design, size, method of operation, circulation, and public utilities that each specific use must be considered individually. (Ord. 275, 4-2-2015)

   B.   The City Council shall hold a public hearing on each special use permit application as specified in section 8-6-5 of this chapter. The City Council may approve, conditionally approve or deny a special use permit under the conditions as hereon specified and considering such additional safeguards as will uphold the intent of this title. (Ord. 275, 4-2-2015; amd. 2018 Code)

An application for a special use permit shall be filed in duplicate with the City Clerk-Treasurer by at least one owner or lessee 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.

   C.   Description of existing use.

   D.   Zoning district.

   E.   Description of proposed special use. (Ord. 275, 4-2-2015)

   F.   A plan of the proposed site for the special use, showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the City Council may require to determine if the proposed special use meets the intent and requirements of this title. (Ord. 275, 4-2-2015; amd. 2018 Code)

   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 district; and the relationship of the proposed use to the comprehensive plan.

   H.   An environmental evaluation checklist as supplied by the City Clerk-Treasurer. (Ord. 275, 4-2-2015)

The City Council 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: (Ord. 275, 4-2-2015; amd. 2018 Code)

   A.   Will, in fact, constitute a special use as established on the official schedule of district regulations for the zoning district involved.

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

   C.   Will be designed, constructed, operated, and maintained in a manner harmonious and appropriate with the existing or intended character of the general vicinity and that such use will not change the essential character of the 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 which shall be 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. 275, 4-2-2015)

In granting any special use, the City Council 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. 275, 4-2-2015)

   A.   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. 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 and television stations serving the jurisdiction for use as a public service announcement. Notice shall also be provided to property owners and residents within the land being considered, 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 City Council. (Ord. 275, 4-2-2015; amd. 2018 Code)

   B.   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 is sufficient; provided, however, the third notice shall appear ten (10) days prior to the public hearing. (Ord. 275, 4-2-2015)

   A.   Within thirty (30) days after the public hearing, the City Council shall either approve, conditionally approve, or disapprove the application. If the application is approved or approved with modifications, the Council shall issue a special use permit listing the conditions specified by the Council for approval. (Ord. 275, 4-2-2015; amd. 2018 Code)

   B.   Upon granting of 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 provision for on-site or off-site public facilities or services.

      7.   Requiring more restrictive standards than those generally required in an ordinance. (Ord. 275, 4-2-2015)

   C.   Prior to recommending of approval of a special use permit, the City Council may request studies 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. (Ord. 275, 4-2-2015; amd. 2018 Code)

   D.   A use permit is not transferable from one parcel of land to another. (Ord. 275, 4-2-2015)

   E.   Upon recommending that an application be granted or denied, the City Council shall specify in a written report: (Ord. 275, 4-2-2015; amd. 2018 Code)

      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 a permit. (Ord. 275, 4-2-2015)

Within ten (10) days after a decision has been rendered, the City Clerk-Treasurer shall provide the applicant with written notice of the action on the request. (Ord. 275, 4-2-2015)