(A) Purpose. The development and execution of this chapter is based upon the division of the city into districts within which the use of land and buildings, and the bulk and location of buildings and structures in relation to the land, are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such uses fall into two categories:
(1) Uses publicly operated or traditionally affected with a public interest; and
(2) Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
(B) Initiation of special use. Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable, may file an application to use such land for one or more of the special uses provided for in this chapter in the zoning district in which the land is located.
(C) Application. An application for a special use shall be filed with the Zoning Administrator on a suitable form provided by the Zoning Administrator and shall be accompanied by such plans and other data as are recommended by the Planning and Zoning Board of Appeals, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards hereinafter set forth. Copies of such application shall be forwarded by the Zoning Administrator to the Planning and Zoning Board of Appeals with a request to hold a public hearing thereon and to the Building Official for examination of the application and compliance with all appliance ordinances.
(D) Hearing. Upon receipt in proper form of the application and statement, the Planning and Zoning Board of Appeals shall hold at least one public hearing on the proposed special use. Notice of the time and place of such hearing shall be published at least once in one or more newspapers of general circulation within the city, not more than 30, nor less than 15, days prior to such hearing. The published notice may be supplemented by such additional forms of notice as the Planning and Zoning Board of Appeals may, by rule, require.
(E) Authorization. For each application for a special use, the Planning and Zoning Board of Appeals shall report to the City Council its findings and recommendations, including the stipulation of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. If an application for a proposed use is not acted upon finally by the City Council within 90 days of the date upon which such application is received by the City Council, it shall be deemed to have been denied.
(F) Standards. No special use shall be recommended by the Planning and Zoning Board of Appeals unless such Board shall find that:
(1) The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
(2) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
(3) The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
(4) Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;
(5) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in public streets; and
(6) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Planning and Zoning Board of Appeals.
(G) Special conditions and guarantees. Prior to the granting of any special use, the Planning and Zoning Board of Appeals may recommend, and the City Council shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein. In all cases in which special uses are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.
(H) Adult regulated special use.
(1) General. In the development and execution of this chapter, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary controls or regulations are also itemized in this section and are for the purpose of preventing a concentration of these uses in any one area (i.e., not more than two such uses within 1,000 feet of each other which would create such adverse effects). Uses subject to these controls are as follows:
(a) Adult book store;
(b) Adult motion picture theater;
(c) Adult mini motion picture theater; and
(d) Adult entertainment cabaret.
(2) Waiver. The Mayor and City Council may waive the locational provision set forth in division (H)(1) above for adult book stores, adult motion picture theaters, adult mini motion picture theaters or adult entertainment cabarets, if the following findings are made:
(a) The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed;
(b) The proposed use will not enlarge or encourage the development of a “skid row” area;
(c) The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal; and
(d) All applicable regulations of this chapter will be observed.
(3) Locations near residential areas. It shall be unlawful to hereafter establish any adult book store, adult motion picture theater, adult mini theater or adult entertainment cabaret within 1,500 feet of any area zoned for residential use or use by churches or schools. This prohibition may be waived if the person applying for the waiver shall file with the Planning and Zoning Board of Appeals a petition which indicates approval of the proposed regulated use by 60% of the persons owning, residing or doing business within a radius of 1,500 feet of the location of the proposed use. The petitioner shall attempt to contact all eligible locations within this radius, and must maintain a list of all addresses at which no contact was made.
(a) The Planning and Zoning Board of Appeals shall adopt rules and regulations governing the procedure for securing the petition of consent provided for in division (H)(3) above. The rules shall provide that the circulator of the petition requesting a waiver shall subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with the rules of the Board, that the circulator personally witnessed the signatures on the petition, and that the same were affixed to the petition by the person whose name appeared thereon.
(b) The Planning and Zoning Board of Appeals shall not consider the waiver of locational requirements set forth in division (H)(3) above until the above described petition shall have been filed and verified.
(4) Application for adult regulated special use. An application for an adult regulated special use shall be filed with the City Clerk on a suitable form provided by the City Clerk, shall be accompanied by such plans and other data recommended by the Planning and Zoning Board of Appeals, and shall include a statement in writing by the applicant along with adequate evidence showing that the proposed adult regulated special use will conform to the standards hereinafter set fo shall be supported by the waiver of location requirements as set forth in this division (H). Copies of such application shall be forwarded by the City Clerk to the Planning and Zoning Board of Appeals with a request to hold a public hearing thereon and to the Building Official for examination of the application and compliance with all applicable ordinances.
(5) Hearing on application. Upon receipt in proper form of the application and statement, the Planning and Zoning Board of Appeals shall hold at least one public hearing on the proposed adult regulated special use. Notice of the time and place of such hearing shall be published at least once in one or more newspapers of general circulation within the city, not more than 30, nor less than 15, days prior to such hearing. The published notice may be supplemented by such additional forms of notice as the Planning and Zoning Board of Appeals, by rule, requires.
(6) Authorization. For each application for an adult regulated special use, the Planning and Zoning Board of Appeals shall report to the City Council its findings and recommendations, including the stipulation of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. If an application for a proposed adult regulated special use is not acted upon finally by the City Council within 90 days of the date upon which such application is received by the City Council, it shall be deemed to have been denied.
(7) Standards. No adult regulated special use shall be recommended by the Planning and Zoning Board of Appeals unless such Board shall find that:
(a) The establishment, maintenance or operation of the adult regulated special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
(b) The adult regulated special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
(c) The establishment of the adult regulated special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
(d) Adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided;
(e) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in public streets; and
(f) The adult regulated special use, in all respects, conforms to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the City Council pursuant to the recommendations of the Planning and Zoning Board of Appeals.
(8) Conditions and guarantees. Prior to the granting of any adult regulated special use, the Zoning Board of Appeals may recommend, and the City Council shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the adult regulated special use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein. In all cases in which adult regulated special uses are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.
(I) Planned developments. Planned developments are of such substantially different character from other special uses that specific and additional standards and exceptions are hereby established to govern the report and recommendation of the Planning and Zoning Board of Appeals and the action of the City Council.
(1) Purposes. Some specific purposes of the planned development procedure are:
(a) Residential planned development. To offer recreational opportunities close to home; to enhance the appearance of neighborhoods by the conservation of streams and local spots of natural beauty; to add to the sense of spaciousness through the preservation of natural green spaces; to counteract the effects of urban monotony and congestion in the streets; to encourage cooperative relationships between neighbors and participation by all age groups in the use and care of local open space tracts in new residential subdivisions; to promote harmonious architecture between adjacent dwellings or institutional buildings; and to encourage the placement of structures in proper relationship to the natural characteristics of the site;
(b) Business planned development. To promote the cooperative development of business centers each with adequate off-street parking; to control access points on thoroughfares; to separate pedestrian and automobile traffic; to aid in stabilizing property values; to develop centers of size and location compatible with the market potential; to buffer adjacent residential areas with landscaped green spaces; and to encourage harmonious architecture between adjacent commercial structures; and
(c) Industrial planned development. To promote the establishment of industrial parks; to permit groups of industrial buildings with an integrated design and coordinated physical plan; to encourage recreational facilities within industrial areas; and to buffer adjacent residential areas with landscaped green spaces.
(2) Required information. The developer shall be required to submit plans and other documentation to the Planning and Zoning Board as detailed in § 165.033.
(3) Use exceptions. The Planning and Zoning Board of Appeals may recommend and the City Council may authorize that there be in part of the area of such development, and for the duration of such development, specified uses not permitted by the use regulations of the district in which said development is located; provided, the Planning and Zoning Board of Appeals finds that:
(a) The uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development;
(b) The uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood; and
(c) Not more than 25% of the ground area or of the gross floor area of such development shall be devoted to the uses permitted by said exception.
(4) Bulk regulations. In the case of any planned development, the Planning and Zoning Board of Appeals may recommend and the City Council may authorize exceptions to the applicable bulk regulations of this chapter within the boundaries of such development; provided, the Planning and Zoning Board of Appeals finds that:
(a) Such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development and the neighboring property, than would be obtained under the bulk regulations of this chapter for building development on separate zoning lots;
(b) The lot coverage percent for residential planned development would not exceed by more than 20% the maximum lot coverage percent which would be determined on the basis of the percentage required for the individual uses in such planned developments, as listed in § 165.023 of this chapter; and
(c) In a residential planned development the maximum number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the district or districts in which the area is located, and then increasing this number by 20%. Net development area shall be determined by subtracting the area set aside for non- residential uses from the gross development area and deducting 10% of the remainder for streets regardless of the amount of land actually required for streets. The area of land set aside for common open space or recreational use may be included in determining the number of dwelling units permitted.
(5) Additional standards.
(a) In addition to meeting the special use standards provided in § 165.088(F), no planned development shall be recommended by the Zoning Board of Appeals and approved by the City Council unless the Board and Council find that the development meets the following standards.
1. Size and ownership. The site of the planned development must be under single ownership and/or unified control and be not less than two acres in area.
2. Compatibility. The planned development shall be demonstrated by developer to be of a type, and to be so located as to exercise no undue detrimental influence upon surrounding properties and to be compatible with the surrounding uses.
3. Need. A showing of the desirability of the plan and its benefit to the community must be made.
4. Yards. The required yards along the periphery of the planned development shall be at least equal in width or depth to that of the adjacent zoning district or districts.
5. Parking requirements. Adequate parking shall be provided as required in other sections of this chapter.
6. Traffic. Adequate provision shall be made to provide ingress and egress so designated as to minimize traffic congestion on the public streets and promote safety.
(b) The planned development may depart from strict conformance with the required density, dimension, area, height, bulk, use and other regulations for the zoning district in which the property is located, as long as all special use and planned development standards are met.
(6) Conditions and restrictions. Prior to the granting of any planned development, the Planning and Zoning Board of Appeals and/or the City Council may require such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of the planned development as deemed necessary for the protection of the public interest, protection of the adjacent area, and to secure compliance with the standards specified in this section. In all cases in which planned developments are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the developer is complying and will comply with the conditions stipulated.
(J) Denial of a special use. No application for a special use which has been denied wholly or in part by the City Council shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Planning and Zoning Board of Appeals and the City Council.
(K) Revocation. In any case where a special use has not been established within one year after the date of granting thereof, then without further action by the Planning and Zoning Board of Appeals or the City Council the authorization for the special use shall be null and void.
(Prior Code, § 166.095) (Ord. 2151, passed 6-28-1971; Ord. 2482, passed 10-9-1979; Ord. 2021-043, passed 9-14-2021; Ord. 2021-062, passed 12-14-2021)