A.   Every city contains certain buildings, structures and uses of land which are in a special category by reason of unusual dimensional or spatial requirements or shape; infrequent occurrence; unusual psychological, nuisance, or safety hazards to surrounding property; unique locational criteria not related to zoning district; or similar conditions. While such uses are normal and essential to city development, they nevertheless require special controls to assure their proper location with respect to the entire community and their development in such manner as to minimize their inherent incompatibility with surrounding uses and activities. It is the purpose of this chapter to establish locational and site development criteria and procedures essential to accommodation of such special uses.

   B.   Every special use permit issued shall be personal to the permittee and applicable only to the specific use and the specific property for which issued. (1973 Code § 17.57.010)

   A.   Who May File: An application for a special use permit may be filed only by the owner of the land, building or structure or the lessee of the proposed use with the written permission of the owner, such facts being attested to by a notary public. (1973 Code § 17.57.020)

   B.   Form; Filing; Fee: Application shall be filed with the city clerk on forms furnished for the purpose and shall be accompanied by payment of filing fee. (1973 Code § 17.57.030)

   C.   Contents:

      1.   New Structure, Building Or Use: Any owner of a proposed new structure, building or use as may be required in this title, inclusive, shall provide an application, fees and additional information as required by this subsection. The application form shall be full and complete, and shall be accompanied by:

         a.   Site Plan: A detailed site plan showing all information necessary to demonstrate that the proposal will comply with all regulations and requirements of this title, including, but not limited to: area of the site, proposed building or structure, parking, and open space; location of existing buildings on the site and other topographic features, i.e., existing trees, shrubs, fences; location of buildings or structures adjacent to the site; proposed parking layout, ingress and egress access, parking ratios required by this title, architectural elevations or proposed buildings or structures; proposed drainage utilities, and other information deemed necessary for review by the planning commission and staff.

         b.   List Of Parties In Interest: A list of all parties in interest and their addresses prepared from current assessors roles.

         c.   Additional Data: Any additional data required by the planning commission as an aid to determining the propriety of the requested permit. (1973 Code §§ 17.57.050 and 17.57.055)

      2.   Existing Structure, Building Or Use: Any applicant/owner of an existing structure, building or use within a zone district shall provide an application, fee and additional information as required in this subsection. The application form shall be full and complete and:

         a.   If the request is to change uses from one location to another and no new or unusual factors are found to be present, no additional information will be required, other than specified in the above general application form.

         b.   If the request is to change uses within an existing building or structure and no new or unusual factors are found to be present, no additional information will be required, other than specified in the above general application form.

         c.   If the request to change uses either from one location to another or within an existing structure which presents new and unusual factors; i.e., parking increases, space and setback variations, or is potentially noncompatible, the following additional information shall accompany the application:

            (1)   Specify the exact nature of the proposed use change requested;

            (2)   Provide data regarding impact with respect to employees, parking, on-street and off-street;

            (3)   If the proposed use requires remodeling, or space modifications, provide a plat indicating the exact location and separation of use or uses within the structure or building;

            (4)   Any additional information as may be required by staff to aid in determining the propriety of the request. (1973 Code §§ 17.57.050 and 17.57.056)

The planning commission shall investigate the facts bearing on the case. (1973 Code § 17.57.060)

Public hearing of the case by the planning commission shall be set for a date not less than ten (10) days nor more than thirty (30) days after receipt of the fully completed application, and the applicant, or the applicant's agent, representative or assign shall be present at said hearing. (1973 Code § 17.57.080)

Notice of date, time and place of public hearing, including legal description and proposed use of the property, shall be published at least once in a newspaper of general circulation in the city not less than ten (10) days prior to the hearing date. Notice shall be mailed by United States mail to the applicant and to all parties in interest, which shall be those property owners within three hundred feet (300') of the exterior boundary of the property being considered. (1973 Code § 17.57.090; amd. 2001 Code)

At its public hearing, or within fifteen (15) days thereafter, the planning commission shall recommend approval, approval with additional conditions, or denial of the special use permit. The planning commission's action shall be recommended to the city council for final action pursuant to section 10-8-8 of this chapter. (1973 Code § 17.57.100)

In its recommendation approving or denying issuance of a special use permit, the planning commission may consider the following:

   A.   Issuance of a special use permit for the proposed use in its proposed location is authorized by this title;

   B.   Upon compliance with special conditions specified in this chapter, and with such additional conditions as the planning commission may impose, the use will be compatible with other permitted uses in and adjoining the district in which it is proposed; (1973 Code § 17.57.110)

   C.   Such use is necessary or desirable for development of the community, is in accordance with the general plan, and unlikely to be detrimental to existing uses or to any other uses specifically permitted in the district in which it is proposed; (1973 Code § 17.57.110; amd. 2001 Code)

   D.   Such use is in furtherance of incremental growth of the urban community and is in conformance with the staging plan contained in the general plan;

   E.   The proposed site is adequate in area, shape, dimensions and topographic characteristics to accommodate such use in accordance with all provisions of this title;

   F.   The proposed site has satisfactory access by public streets and thoroughfares currently capable of carrying the type and volume of additional traffic generated or to be generated by the proposed use; and that the development of the site will not generate undesirable traffic through residential neighborhoods;

   G.   Certain specific conditions, as set forth in the planning commission's action of approval and entered on the approved site plan by the applicant, are deemed necessary to protect the public health, safety and general welfare, to minimize adverse influence on adjoining properties, and to protect the intended character of the immediate environment. Such conditions may specify:

      1.   Operation of use;

      2.   The location and general arrangement of site components;

      3.   Special yards, spaces and screening devices;

      4.   Dedication and improvement of streets, service drives or alleys, including requirements for posting appropriate bonds therefor;

      5.   Specified points of vehicular ingress and egress and general circulation to and from the site;

      6.   Specific requirements pertaining to signs, including the right of the planning commission to control the height, size, location, visual appearance and illumination of such signs;

      7.   Installation and maintenance of landscaping and quality of grounds maintenance;

      8.   Hours of operation;

      9.   Period of time within which the proposed use shall be developed, such condition to be in conformance with the staging element of the general plan;

      10.   Any other conditions deemed necessary to assure conformance to the intent and purposes of this title and the general plan. (1973 Code § 17.57.110)

The commission shall announce and record its recommendation within thirty (30) days after conclusion of the public hearing, and shall set forth its findings together with any required conditions. A copy of the commission's findings shall be filed with the city clerk and a copy mailed to the applicant at the address shown on the application.

   A.   Written Report To Council: Within thirty (30) days from the hearing, the planning commission shall also file a written report with the city council, recommending approval or denial of the proposed special use permit. Failure of the planning commission to so report within the time limit shall be deemed a denial of the special use permit.

   B.   Notice To Applicant: The planning commission shall send the applicant a notice of recommendation, to be mailed not more than three (3) days subsequent to the filing of the report to the city council.

   C.   Council Action: The city council may uphold the planning commission's recommendation, refer it back to the planning commission (with cause), or reverse the recommendation by majority vote.

   D.   Appeal: In the event that an appeal to the planning commission's recommendation is filed within the prescribed time limit in section 10-8-9 of this chapter, it shall take a priority position over any further proceedings by the city council, or the city council may hear the appeal at the time of action on the recommendations of the planning commission. (1973 Code § 17.57.120)

   A.   Right To Appeal: An appeal from the recommendation of the commission may be filed with the city clerk any time within ten (10) days following notice of such decision. Such appeal shall be in writing and shall include a statement of the reasons therefor.

   B.   Public Hearing; Notice: A public hearing on the appeal by the city council shall be set by the city clerk for a date not more than thirty (30) days after the filing of the appeal. Notice of public hearing shall be given in accordance with previous provisions of this title.

   C.   Council Action: The city council shall, within fifteen (15) days following conclusion of its public hearing, either approve issuance of the special use permit in accordance with conditions imposed by the commission, or approve issuance of the special use permit in accordance with additional or modified conditions, or deny the special use permit.

   D.   Council Decision: The city council's decision shall be final and shall become effective immediately. Notice of the city council's decision shall be mailed to the applicant at the address shown in the application. (1973 Code § 17.57.140)

Unless otherwise specified by the planning commission or city council, construction and/or conditions under a special use permit shall be commenced or met within one year from the date of the approval. Upon written request of the permittee and demonstration of due cause, the planning commission may grant a one year extension of this time limit from the date first approved. (1973 Code § 17.57.150)

If and when any of the following conditions exist, the special use permit shall automatically be considered void, and no notice need be given nor hearing held:

   A.   Construction has not been commenced or the use does not exist upon expiration of the time limit or any extension thereof;

   B.   The permit conditions have not been met and the property is sold or a new lessee assumes operation of the use. (1973 Code § 17.57.170)

The city council may, with or without a recommendation from the commission, revoke any special use permit for reasons of noncompliance with any of the conditions under which the permit was granted or cessation of the permitted use for any reasons for a period of six (6) consecutive months. (1973 Code § 17.57.180)

No application for a special use permit for the same use on the same land shall be accepted within a period of one year following denial of any previous application by the planning commission or the city council. (1973 Code § 17.57.200)