[Ord. No. 1134 §1, 1-8-2009]
A. 
The development and administration of the zoning ordinance is based on the division of the City into districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to land, are essentially uniform. However, there are special uses which because of their unique character cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use or the particular location. Some special uses are entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
B. 
Procedure. The approval of a special use permit shall require the same procedure as the rezoning of land, including published notice, public hearing, advisory decision of the Planning Commission and final passage by the Board of Aldermen. Final action shall be by resolution of the Board of Aldermen.
C. 
Applicability Of Permit. A special permit granted under this Article is a permit issued to the individual applying for the special use (herein, "applicant") and, therefore, shall not run with the property, but shall be personal in nature unto the applicant. No applicant shall have the right to in any way transfer, assign, barter or sell said special use permit and said special use permit shall terminate upon any transfer of the property by the applicant including by sale or lease.
[Ord. No. 1134 §2, 1-8-2009]
A. 
All applications for a special use permit shall be made by written application to the City Clerk on forms provided for such purpose. Unless the application shall conform in all respects to the requirements of this Chapter, it shall not be accepted by the City Clerk.
B. 
Information Required. An application for a special use permit shall contain the following information:
1. 
Plot plan of the property affected by the proposed special use permit, drawn to a scale of not smaller than 1" = 50, and indicating thereon the dimensions of the property, the dimensions and locations of any buildings or structures, driveway access to public rights-of-way, on-site drives and off-street parking areas located thereon and all public and private rights-of-way including utility easements bounding or intersecting the property;
2. 
List of the names and current mailing address of owners, together with the street address and legal description of all property (exclusive of streets and alleys) within a one hundred eighty-five (185) foot distance from the boundary of the property affected by the proposed special use permit. This list shall be prepared and certified by a qualified abstractor;
3. 
Present zoning classification and use of the property affected by the special use permit;
4. 
Requested special use and desired use of the property affected by the special use permit; and
5. 
Justification for the special use requested.
C. 
Application Fee. The application shall be accompanied by a filing fee based on the area of property for which the special use permit is requested, computed as follows:
For the first 10,000 square feet per each 1,000 square feet or fraction thereof
$125.00
For the next 60,000 square feet per each 1,000 square feet or fraction thereof
$1.00
For the next 130,000 square feet per each 1,000 square feet or fraction thereof
$.50
D. 
Postage Fee. In addition to the non-refundable application fee described above, the application shall also be accompanied by a non-refundable postage fee which shall be computed by the City Clerk by multiplying the number of certified mailings required to landowners within a one hundred eighty-five (185) foot distance from the boundary of the property affected by the proposed special use permit by the then-applicable postage rates for such certified mail. The number of mailings shall be computed based upon the information provided in accordance with Subsection (B), above.
E. 
Time Of Application. The City Clerk shall note the date of filing of the application.
[Ord. No. 1134 §3, 1-8-2009]
A. 
No special use shall be granted unless the use:
1. 
Is deemed necessary for the public convenience at that location.
2. 
Is so designed, located and proposed to be operated that 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.
4. 
Will comply with the height and area regulations of the zoning district(s) in which it is located unless specifically granted otherwise.
[Ord. No. 1134 §4, 1-8-2009]
The Planning and Zoning Commission may recommend, and the Board of Aldermen may provide, such conditions and restrictions upon the construction, location and operation of a special use including time limit, provisions for off-street parking and loading and any other conditions as may be deemed necessary to promote the general objectives of this Title and to minimize any injury to the value of property in the neighborhood. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of the permit for such special use.
[Ord. No. 1134 §5, 1-8-2009]
A. 
A special use permit granted hereunder to any applicant shall terminate twelve (12) months following the issuance of said permit if the applicant has not within such twelve (12) month period:
1. 
Obtained a building permit from the City to construct the structure contemplated by the permit and commenced construction of the structure contemplated thereby, or
2. 
Failed to commence using the property for the use contemplated by said permit.
B. 
Should such permit terminate pursuant to Subsection (A), the applicant may re-apply for a special use permit, in which case all application provisions of this Chapter shall begin anew. When contemplating the same use of the property, re-application for a special use permit by the same applicant may only occur once in any three (3) year period. The Board of Aldermen may approve or deny such re-application and, if approved, may impose restrictions and conditions on said permit which are lesser, the same as, or greater than those imposed on the original permit, and shall not be bound by its prior approval of applicant's permit nor by its prior restrictions and conditions in making a decision on the re-application.
[Ord. No. 1134 §6, 1-8-2009]
A. 
No use allowed by a special use permit shall be enlarged, altered, changed or modified, except by conforming to all provisions of this Chapter.
B. 
No existing structure which is the subject of a special use permit shall be enlarged, expanded, constructed, reconstructed, moved or structurally altered without conformance to all provisions of this Chapter.
C. 
Should an applicant be required to re-apply for any of the reasons listed in Subsections (A) or (B), a denial of the application by the Board of Aldermen will only deny the enlargement of the special use permit and will not serve in any way to revoke the original special use permit granted the applicant. When contemplating an enlargement of the use of the property, re-application for a special use permit by the same applicant may only occur once in any three (3) year period.
[Ord. No. 1134 §7, 1-8-2009]
Prior to the issuance of any building permit or permit authorizing the use of the property in question, the property owner shall record a copy of the approved special use permit, including the legal description of the real estate, all conditions and any subsequent amendments thereto with the Holt County Recorder of Deeds and provide the City Clerk with a copy of same.