The city council may authorize the issuance of special use permits in any zoning district of the city except residential zoning districts. Special use permits are amendments to the zoning code which authorize the establishment of one or more specified uses of particular property without changing the zoning of the property. A special use permit may be issued when the city council determines that the special use permit will not adversely affect the character of the area or neighborhood in which it is located, that it will not substantially reduce the value of the adjacent and nearby property, that it will be in keeping with the spirit and intent of the zoning code, and that it will not adversely affect traffic, public health, public utilities, public safety or the general welfare of the city.

Special use permit applications shall be submitted to the city secretary with a proposed site plan and the same fees required for zoning changes. The proposed site plan should include at least the following:

(a)

Detailed explanation of the proposed use requiring the special use permit;

(b)

Location of buildings and proposed uses of each;

(c)

Ingress and egress to all public streets;

(d)

Visual screening and/or fencing if applicable;

(e)

Landscape and irrigation designs;

(f)

Listing of all property ownership within two hundred (200) feet of the property upon which the special use permit is requested;

(g)

Impact of on-site and off-site drainage;

(h)

Off-street parking and loading facilities as applicable.

(Ord. No. 2023-002(O), § I, 3-6-2023)

Special use permits shall be processed in the same manner as zoning changes. The planning and zoning commission shall conduct a public hearing on the special use permit application and make its recommendation to the city council. Notices of the planning and zoning commission public hearing and city council public hearing shall be furnished as required by this zoning code and applicable state law.

The planning and zoning commission and the city council shall consider, among other matters, the following:

(a)

Location and design of ingress and egress to public streets;

(b)

Interior traffic circulation patterns;

(c)

Off-street parking and loading facilities;

(d)

Sidewalks;

(e)

Drainage;

(f)

Signage;

(g)

Lighting;

(h)

Landscaping and irrigation designs;

(i)

Fencing or other means of protective screening to protect adjacent and nearby property owners;

(j)

Protective measures to safeguard the use, value and desirability of adjacent or nearby property such as limits on noise, litter, lighting, hours of operation and provisions to ensure continued proper maintenance.

Approval of special use permit by the city council shall be evidenced by an ordinance which shall include all special requirements to be included in the special use permit and all agreements or other documents between the city and the applicant shall be incorporated in the ordinance by reference.

(Ord. No. 2023-002(O), § I, 3-6-2023)

After approval by the city council, an applicant shall agree in writing, in such form as may be approved by the city attorney, to be bound by and comply with the terms of the permit. Any conditions imposed upon the applicant must be complied with prior to issuance of the certificate of occupancy based upon the special use permit.

Any of the following shall necessitate an amendment of an existing special use permit:

(a)

Any change in the ownership of the property;

(b)

Structural alteration of any building/s on a lot/site for which a special use permit has been previously granted;

(c)

Any change to the location or design of ingress and/or egress to public street or alley;

(d)

Any change of site drainage;

(e)

Any change to interior traffic circulation patterns or off-street parking or loading facilities;

(f)

Any change in landscaping, fencing, or any type of buffering of adjacent properties;

Interior remodeling of structures existing under a special use permit shall not require an amended special use permit. If an amendment to a special use permit is required, an applicant must follow all of the procedures provided in this subchapter for the possible issuance of a special use permit.

(Ord. No. 2023-002(O), § I, 3-6-2023)

Any change of use of property from that authorized in a special use permit shall terminate the existing special use permit. Unless specified otherwise by the city council when granting the special use permit, if no building permit has been applied for and the designated work not begun within 180 days after the date of approval by the city council of a special use permit, the special use permit shall automatically expire.

(Ord. No. 2021-026(O), § I, 11-15-2021)

The board of adjustment shall have no jurisdiction with regard to special use permits.

(Ord. No. 268, 3-14-1994)