§ 40-762. General criteria.

In deliberating on any application, the council shall not grant approval of any special use unless it makes findings based upon the evidence presented to it that each case shall indicate all of the following:

(1)

The permit, if granted, will not cause any diminution or depreciation of property values of any surrounding property or will not alter the essential character of the locality.

(2)

The permit, if granted, will tend to preserve and advance the prosperity and general welfare of the neighborhood and community.

(3)

The granting of the special permitted use will not be detrimental to the public welfare or seriously affect or be injurious to other property or improvements in the neighborhood in which the property is located, in that it will not impair an adequate supply of light and air, or increase substantially the congestion in the public streets, create a traffic hazard, or permit inadequate parking, or increase the danger of fire, or substantially affect or overburden existing drainage or sewerage systems, or endanger the public safety, nor cause serious annoyance or injury to occupants of adjoining premises by reason of emission of odors, fumes, gases, dust, smoke, noise or vibration, light or glare or other nuisances.

(4)

Only one (1) special permitted use shall be allowed per dwelling or lot, tract, plot or building site. A special permitted use may not be permitted on premises containing a home occupation, as defined in section 40-3.

(Ord. No. 20783, § 3(XX-A(2)), 9-22-99)