MapLink™ | Procedures | Special Use Permit

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Special Use Permit
Purpose. To ensure certain uses are subject to special controls and/or conditions to ensure such use is compatible with the applicable Property within various Zoning Districts, certain uses may be permitted by Special Use Permit after analysis and judgment of the effect of each such use by the Commission and the Board to ensure that the public health, safety, and general welfare are protected and preserved.

The following procedure shall be implemented in the consideration and determination of the issuance or non-issuance of the Special Use Permit:
1. Applications. Applications for Special Use Permits shall be filed with the Community Development Department at least thirty (30) days before the next regularly scheduled Commission meeting, unless prior written approval is granted by the Director upon good cause shown by the Applicant. The application shall be on forms prescribed for this purpose by the Director and include a Site Plan for the Lot. The Site Plan shall be in accordance with Chapter 435, Article II. The application shall specify the use sought to be permitted by the Special Use Permit. The Director may require submittal of a traffic study when deemed appropriate. The application shall further state why the use is needed and the Applicant's opinion as to the effect of the use on surrounding Lots. At the time that the application is filed, a fee shall be paid to the City. The fees for Special Use Permits shall be set forth in Addendum A.

2. Owner-Verification Required. Each application requesting a Special Use Permit shall be verified by at least one (1) of the owners or authorized representatives of the owners of such affected Lot. Each Applicant shall attest to the truth and correctness of all facts and information presented with the application.

3. The Director Shall Review The Application As To Form. Upon the determination by the Director that the form of the application is appropriate and all required information has been provided, the Director will present the matter to the Commission. The application shall be set for consideration before the Commission within sixty (60) days of the date of the filing of a complete application, as determined by the Director. The notice of the meeting shall include the posting of public notice on the affected property.

4. Commission Meeting And Recommendation.
a. The Commission, after public notice, shall conduct a public meeting at which the Applicant shall present such information, as the Applicant deems necessary, to substantiate its request for a Special Use Permit. The Commission may allow public comment on each petition. The Commission shall thereafter conduct a deliberation and discussion of the application, giving due consideration to each of the following:
(1) Said use is designated, located, and proposed to be operated in a manner that the public health, safety, and general welfare will be protected.
(2) Visual compatibility with surrounding land uses, including Building Height, form, materials, and landscaping.
(3) Accessibility of the property to police, fire, refuse collection and other municipal services; adequacy of ingress to and within the Site; traffic control; adequacy of Off-Street Parking Spaces.
(4) Said use will not cause substantial injury to the value of adjacent Lots or other Lots in the surrounding area.
(5) The use authorized by Special Use Permit will conform to the applicable regulations of the Zoning District in which it is to be located.
b. These discussions shall be in public forum, but no public participation shall be allowed. After review and deliberation, a simple majority of the Commission is required to constitute a positive recommendation to the Board. If the proposition does not have a simple majority vote, the proposition fails and shall be taken as a negative recommendation.
5. Commission Report To Board. The Commission shall communicate the results of its vote to the Board and may further communicate its reasons for such recommendation. The Commission shall also recommend special conditions, if any, to the Board.

6. Notice For Public Hearing. Upon referral of the petition from the Commission, the Special Use Permit shall be set for Public Hearing before the Board. The Director shall cause public notice of such hearing to be given as follows:
a. Fifteen (15) days' notice of the time and place of such hearing shall be published in at least one (1) newspaper having general circulation within the City. In addition, the City will be responsible for notifying all owners of property within three hundred (300) feet of the subject property by mail of the application and hearing date. Said notice shall be postmarked at least five (5) days prior to the scheduled Public Hearing. In the event the Applicant seeks more than one (1) continuance of any published or notified hearing, the Applicant shall be responsible for reimbursement of any republication and/or mailing notification costs prior to any action by the Board.
b. In addition to the above, the Director shall cause a Sign or Signs, not less than two (2) feet high by three (3) feet wide, to be placed on all Lots on which an application for a Special Use Permit has been filed with the City.
(1) Sign or Signs shall be placed on such Lot so as to be clearly visible to the traveled portion of such abutting Street. The Director shall determine the number of additional signs to be placed that may be necessary to carry out the intent of this Code.
(2) All Signs shall have letters not less than two and one-half (2 1/2) inches in height and not less than three-eighths (3/8) inch in width with the following: "PUBLIC HEARING."
(3) The Director may provide for such additional information to be placed on any such Sign which would serve to fully inform the public as to the nature of such Special Use Permit pending before the Board.
(4) Any person or persons, firm, association, or corporation who shall remove, mar, scratch, obliterate, or in any manner deface, hide from view, or tamper with any such Sign or Signs shall be deemed guilty of an ordinance violation and, upon conviction, shall be punished as set out in Section 100.120: General Penalty of this Code.
c. Failure to comply with any additional notice or posting requirements of this Section which are greater than required by state law shall not be a basis for invalidation of any approval or enactment.
7. Public Hearing. Prior to consideration of an ordinance approving any Special Use Permit, the Board shall conduct a Public Hearing at which the Applicant shall present such information, as the Applicant deems necessary, to substantiate its request. The Board shall then hear any person wishing to speak in favor of the petition, after which time the Board shall hear any person wishing to speak in opposition to the petition, after which time the Applicant may address or rebut any issues presented. The Board shall then close the public participation portion of the hearing.

8. Board Decision. After the Commission has advised the Board of its recommendation and after Public Hearing, the Board shall review the petition as such relates to and satisfies the criteria for issuance of a Special Uses Permit, after which time, the Board shall consider the issuance of the Special Use Permit by ordinance. Said ordinance shall be proposed and sponsored in the manner of all other ordinances and shall require a majority of the Board to enact. The Special Use Permit permitted by ordinance shall contain the special terms and conditions of the Special Use Permit which shall be strictly adhered to by the Applicant.

9. The Special Use Permit shall be reviewed annually by the Director to assure that the use, Lot, and Building are in compliance with the terms of the Special Use Permit. If the Director determines non-compliance with the Special Use Permit, notice of non-compliance shall be forwarded to the holder of the Special Use Permit. Failure to achieve compliance within a reasonable time, but not less than ten (10) days' notice of the Director shall be deemed cause to terminate the Special Use Permit. Upon fifteen (15) days' notice, the Commission may cause a hearing to be held to determine whether or not the property or use is in compliance, and if deemed to be in non-compliance, the Commission may recommend to the Board termination of the Special Use Permit. The Board by ordinance may terminate the Special Use Permit acting upon the recommendation of the Commission.
Application Materials
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Special Use Permit Application Packet