(a)
Application. Applications for special land use permits authorized in this Zoning Code shall be submitted to the Building Official on a form provided by the City. In addition to a complete application form, the applicant is required to submit a site plan prepared in accordance with Section 1242.04
. (1) Special land use permits may be granted by the City Council at its discretion.
(2) The Building Official shall review the proposed application and site plan to determine if all required information has been supplied, and forward the completed application, site plan and supporting data to the Planning Commission for a recommendation.
(3) Upon receipt of a recommendation by the Planning Commission, one notice that such a request has been received shall be published in at least one newspaper of general circulation within the City and sent by certified mail or personal delivery to the owners of the property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.
The notice shall be given not less than fifteen days before the date the application will be considered for approval. The notice shall:
A. Describe the nature of the special land use request;
B. Indicate the property which is the subject of the special land use request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such address currently exists within the property. If there are no street addresses, other means of identification may be used;
C. State when and where the special land use request will be considered;
D. Indicate when and where written comments will be received concerning the request;
E. Indicate that a public hearing on the special land use request may be requested by a property owner or the occupant of a structure located within 300 feet of the boundary of the property being considered for a special use.
At the initiative of the City Council or upon the request of the applicant or a property owner or resident entitled to notice hereunder, a public hearing shall be held pursuant to notice as required in this paragraph before a decision is made on the request for a special land use.
(4) After notice, and after a public hearing if requested, the City Council may deny, approve, or approve with conditions, a request for a special land use. The decision of the City Council shall be incorporated in a statement of conclusions relative to the special land use under consideration. Any decision which denies a request or imposes conditions upon its approval shall specify the basis for the denial or the conditions imposed.
The City Council may impose such additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights, and for insuring that the purposes of this Zoning Code and the general spirit and purpose of the district in which the conditional use is proposed will be observed.
(c) Basis for Determinations. The City Council shall review the proposed conditional use in terms of the standards stated within this Zoning Code and shall establish that such use and the proposed location:
(1) Will be harmonious and in accordance with the general objectives or any specific objectives of the Master Plan.
(2) Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area.
(3) Will not be hazardous or disturbing to existing or future nearby uses.
(4) Will be an improvement in relation to property in the immediate vicinity and to the City as a whole.
(5) Will be served adequately by essential public services and facilities, or that the persons responsible for the establishment of the proposed use will provide adequately any such service or facility.
(6) Will not create excessive additional public costs and will not be detrimental to the economic welfare of the City.
(7) Will be consistent with the intent and purposes of this Zoning Code.
(d) Duration, Voiding and Extensions of Permit. Unless otherwise specified by the City Council, any special land use permit granted under this section shall be null and void unless the development proposed shall have its first building inspection within one year from the date of the granting of the permit. The Building Official shall give notice by certified mail to the holder of a permit before voidance is actually declared. Said notice shall be mailed to the permit holder at the address indicated on said permit. Within thirty days of receipt of notice of voiding of the permit, the applicant shall have the right to request an extension of the permit from the City Council. The City Council may grant an extension thereof for good cause for a period not to exceed one year.
The Building Official may suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued erroneously on the basis of incorrect information supplied by the applicant or his or her agent and is in violation of any of the provisions of this Zoning Code or of any other ordinances or regulations of the City.
(e) Reapplication. No application for a special use permit which has been denied wholly or in part shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or change of conditions found to be sufficient to justify reconsideration by the City Council.
(f) Conditions. In its final determination, the City Council may require reasonable conditions on the approval of a special land use, to the extent authorized by law. (Ord. 136. Passed 12-13-16.)
(Ord. 85. Passed 1-11-99; Ord. 113. Passed 4-10-07.)
