§ 1. Special use permit procedures and regulations.

(a)

Special uses. The city council by an affirmative four-fifths vote may, after public hearing and proper notice to all parties affected, and after recommendations from the city planning and zoning commission that the use is in general conformance with the master plan of the city and containing such requirements and safeguards as are necessary to protect adjoining property, authorize the location of certain uses in a special district, provided the application shall be accompanied by a site plan drawn to scale and showing the general arrangement of the project, together with essential requirements such as offstreet parking facilities; size, height, construction materials, and locations of buildings and the uses to be permitted; location and construction of signs; means of ingress and egress to public streets; the type of visual screening such as walls, paintings, and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of two hundred (200) feet.

(b)

Special use permit regulations.

(1)

In recommending that a special use permit for the premises under consideration be granted, the city planning and zoning commission shall determine that such uses are harmonious with and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate offstreet parking, protective screening and open space, heights of structures, and compatibility of building construction.

(2)

Every special use permit granted under these provisions shall be considered as an amendment to the zoning ordinance as applicable to such property under consideration, but shall not be considered as a permanent change in zoning. In the event the building, premises, or land uses under the special use permit is voluntarily vacated or if the ownership is voluntarily transferred, or if such building, premises, or land is more than fifty (50) per cent destroyed by fire or other cause, the use of the same shall thereafter conform to the regulations of the original zoning district of such property unless a new and separate special use permit is granted for continuation of the use.

(3)

In granting a special use permit, the city council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the building inspector for use of the building on such property pursuant to such special use permit; and such conditions shall not be construed as conditions precedent to the granting of a special use permit, but shall be construed as conditions precedent to the granting of the certificate of occupancy.

(4)

No special use permit shall be granted unless the applicant, owner and grantee of the special use permit shall be willing to accept and agree to be bound and comply with the written requirements of the special use permit, as attached to the site plan drawing (or drawings) and approved by the planning commission.

(5)

A building permit shall be applied for and secured within six (6) months from the time of granting the special use permit; provided, however, that the city council may authorize an extension of this time upon recommendation by the city planning and zoning commission.

(6)

No building, premises, or land used under a special use permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless a separate special use permit is granted for such enlargement, modification, structural alteration, or change.

(7)

The board of adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to such special use permit.

(8)

When the city council authorizes granting of a special use permit, the zoning map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, said amendment to indicate the appropriate zoning district for the approved use and suffixed by a "S" designation.