§ 23.1. Procedures.

23.1.1.

An applicant for a special use permit shall file an application on forms provided by the zoning administrator. The grant or denial of a special use permit is a zoning decision and such decision shall follow the procedures for a rezoning, as specified in sections 22.3 through 22.7, unless modified by the provisions of this article.

23.1.2.

Any use which may be authorized by a special use permit may be approved by the mayor and city council only if, in the exercise of their legislative discretion, they find that:

1.

A proper application has been filed in accordance with the requirements of the ordinance;

2.

A recommendation has been received from the planning commission in accordance with the provisions of Article XXII;

3.

The applicant is in compliance with the particular conditions for the proposed special use that are required by this chapter, including, but not limited to, those referenced in Article XVI;

4.

The use is consistent with the purposes and intent of this chapter; and

5.

After considering the application, and the facts, and the standards for making a zoning decision contained in section 22.9 of this chapter, the mayor and city council determines that the standards are satisfied such that the benefits of and need for the proposed conditional use outweigh any possible harmful effects, negative impacts, or damages to the neighboring properties or the city in general.

23.1.3.

In compliance with federal law, if the special use is requested by a place of worship or church, in connection with the exercise of religion, the planning commission and commissioner shall additionally consider whether the regulation imposes a substantial burden on the exercise of religion, whether the regulation serves a compelling governmental interest, whether the denial is the least restrictive means to serve that interest, or whether the special use can be granted without harming that interest.

23.1.4.

If the special use is related to a group home for persons with a disability, the planning commission and mayor and city council shall additionally consider what reasonable accommodations in this chapter can be made to provide persons with a disability equal opportunities to use and enjoy dwellings, while not abrogating the purposes of this chapter. Any reasonable accommodation should only relate to the disability.

23.1.5.

When a proposed special use permit is sought to locate or relocate a half-way house, drug rehabilitation center or other facility for the treatment of drug dependency, an additional public hearing shall be conducted at least six (6) months and not more than nine (9) months before final action by the mayor and city council; such hearing shall be supplemental to the public hearing required under Article XXII and section 23.1.1 above. For the supplemental hearing only, the published notice of the public hearing shall be at least six (6) column inches in size and shall not be located in the classified advertising or legal advertising section of the newspaper and shall publish at least fifteen (15) and not more than forty-five (45) days prior to the hearing. In addition, a sign containing the information required by Article XXII and section 23.1.1 shall be posted conspicuously on the property at least fifteen (15) days prior to the date of the hearing.