A special use permit is intended to provide flexibility by allowing certain types of uses in areas where special conditions may need to be considered to reduce adverse effects on adjacent or surrounding properties. A special use permit may be authorized for a specific site for an additional land use when such use is determined to not have adverse effect on surrounding properties and, when such use is consistent with the purpose of the zoning district.
(Ordinance 1874, art. 5, § 500(A), adopted 3/22/1993)
A special use permit shall constitute an amendment to this zoning chapter and shall be processed according to the procedures established for all amendments to this chapter. Special use permits will be issued to the site being considered and be subject to any time limitations imposed by the city council during the approval process.
(Ordinance 1874, art. 5, § 500(B), adopted 3/22/1993)
(a) 
Application.
The applicant requesting a special use permit shall submit a written application and furnish plans and data concerning the operation, location, function and characteristics of any use of the land or building being proposed. The planning and zoning commission may consider an application for a special use permit for a parcel of land in those districts established in the table of permitted uses, contained in division 3 of article V of this chapter. All applications for a special use permit shall be treated in the same manner as an amendment to this chapter as prescribed in division 5 of this article, amendments.
(b) 
Special site plan requirements.
A site plan shall accompany every application for a special use permit. Such site plan shall include all the contents established for site plans contained in article III of this chapter, and such plan, when approved, shall be made a part of the amending ordinance.
(c) 
Public hearing.
After a public hearing conducted by the planning and zoning commission and after receiving a recommendation from the planning and zoning commission, the city council shall conduct a public hearing to obtain citizen input.
(d) 
Conditions related to approval.
Each special use permit application shall be evaluated by the planning and zoning commission and city council as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate. In considering an application for a special use permit, the planning and zoning commission shall review the following conditions associated with the proposed operation:
(1) 
Setbacks for buildings or structures;
(2) 
Public street access;
(3) 
Drainage;
(4) 
Vehicular traffic, circulation, parking lots or spaces;
(5) 
Screening or buffer zones;
(6) 
Hours of operation;
(7) 
Activities and uses permitted on the property;
(8) 
Building or structure heights;
(9) 
Landscaping;
(10) 
Maximum allowable lot coverage;
(11) 
Pedestrian circulation;
(12) 
Signs;
(13) 
Mitigation of noise, fumes, odors, vibration, or airborne particles;
(14) 
Exterior lighting;
(15) 
Exterior construction materials;
(16) 
Special fire protection measures;
(17) 
Outside storage and display of merchandise;
(18) 
Refuse and waste storage;
(19) 
Lot sizes and dimensions;
(20) 
Accessory buildings;
(21) 
Other conditions or restrictions as shown on the site plan.
The planning and zoning commission may recommend safeguards or conditions of approval to reduce the effect on adjacent or surrounding properties. The city council may, in the public welfare and to ensure compliance with the intent of this chapter, require such development standards and safeguards as recommended by the planning and zoning commission. Applicants shall comply with the terms and conditions of the special use permit for the duration of the certificate of occupancy; noncompliance shall be considered a violation of this chapter.
(e) 
Building permit compliance.
No building permit for any structure shall be issued, nor shall a certificate of occupancy be issued on any existing structure, until such development plans are consistent with the approved site plan and the conditions established for the special use permit. Building permits must be consistent with the site plan and must comply with design standards, policies, and any design criteria deemed necessary to the safety, health, and welfare of the city.
(f) 
Grievances and appeals.
An aggrieved party may appeal the decision of the building official to the zoning board of adjustment in accordance with the provisions of this chapter.
(g) 
Recording site plans.
The building official shall maintain a record of all site plans approved for a special use permit. A list of all approved special use permits shall be listed in the appendix which is on file in the city secretary's office.
(h) 
Special use permit amendments.
Changes to any special use permit or to its approved site plan shall be processed in the same manner as the original approved request. Changes of detail within a site plan which do not alter the basic physical relationship of the property to adjacent property; do not alter the uses permitted; do not increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved site plan, may be authorized by the building official.
(Ordinance 1874, art. 5, § 500(C), adopted 3/22/1993)