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(1) The development and execution of this chapter is based upon the division of the city into districts within which the uses of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform.
(2) It is recognized, however, that there are special 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 neighborhood land, of the:
(a) Uses publicly operated or traditionally affected with a public interest; and
(b) 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) General provisions.
(1) Initiation of special land use. Any person having a freehold interest in land, or a possessor interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, and which is specifically enforceable, may file an application to use the land for one or more of the special uses provided for in this chapter in the zoning district in which the land is located.
(2) Application of special land use. An application for a special land use shall be filed with the Zoning Official on a form prescribed by the Zoning Official. The application shall be accompanied by the plans and/or data prescribed by the Zoning Official and shall include as a minimum the requirements for site plan review as noted in § 154.70. The application shall also include a statement in writing by the applicant and adequate evidence showing that the proposed special land use will conform to the standards set forth in this section. The application shall also be accompanied by a fee to cover the expense of a public hearing.
(3) Receipt of application.
(a) Upon receipt of an application for a special land use which requires a decision on discretionary ground, one notice that a request for special land use approval has been received shall be published in a newspaper of general circulation in the city and shall be sent by mail or personal delivery to the owners of 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.
(b) The notice shall be given not less than five and not more than 15 days before the application will be considered.
1. If the name of the occupant is not known, the term “occupant” may be used in making notification.
2. 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 organization, one occupant of each unit or spatial area shall receive notice.
3. 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.
(c) The notice shall:
1. Describe the nature of the special land use request;
2. Indicate the property which is the subject of the special land use request;
3. State when and where the special land use request will be considered;
4. Indicate when and where written comments will be received concerning the request; and
5. 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.
(4) Public hearing.
(a) At the initiative of the Planning Commission upon the request of the applicant for special land use authorization, or a property owner or the occupant of a structure located within 300 feet of the boundary of property being considered for special land use approval as provided in division (B)(3) above, a public hearing with notification as required for a notice of a request for special land use approval, as provided in division (B)(3) above, shall be held before a decision on the special land use request which is based on discretionary grounds shall be made.
(b) A decision on a special land use request which is based on discretionary grounds shall not be made unless notification of the request for special land use request is given as required by this section.
(5) Authorization. For each application for a special land use, the Zoning Official shall review the application and make a recommendation to the Planning Commission. The Planning Commission may deny, approve or approve with conditions any application for a special land use.
(6) Basis for decision. The Planning Commission shall incorporate their decision in a statement of conclusions relative to the special land use under consideration. The decision shall specify the basis for the decision and any conditions imposed.
(7) Standards. No special land use shall be recommended by the Zoning Official or approved by the Planning Commission unless it shall find:
(a) That the establishment, maintenance or operation of the special land use will not be detrimental to or endanger the public health, safety or general welfare or the natural environment;
(b) That the special land use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor shall it substantially diminish and impair property values within its neighborhood;
(c) That the establishment of the special land use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
(d) That adequate utilities, access roads, drainage and necessary facilities have been or are being provided;
(e) That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and
(f) That the special land use shall, in all other respects, conform to the applicable regulations of the district in which it is located and to any additional conditions or procedures as specified in division (C) below.
(8) Conditions and guarantees.
(a) Prior to granting of any special land use, the Planning Commission shall stipulate the conditions and restrictions upon the establishment, location, construction, maintenance and operations of the special land use as deemed necessary for the protection of the public interests and to secure compliance with the standards and requirements specified in this section.
(b) In all cases in which special land uses are granted, the Planning Commission shall require the evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Any conditions imposed shall remain unchanged except upon the mutual consent of the Planning Commission and the landowner. The Planning Commission shall maintain a record of changes granted in conditions.
(9) Effect of denial of a special land use. No application for a special land use which has been denied wholly or in part by the Planning Commission shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change or conditions found to be valid by the Zoning Official and the Planning Commission.
(10) Revocation. In any case where a special land use has not been established within one year after the date of granting authorization for the use, or if terms and conditions of permit are not met, or plans submitted are deviated from, the special land use authorization shall automatically be null and void without further action by the Planning Commission.
(C) Special land uses designated. The following are those uses identified as special land uses and the provisions - conditions that must be met so as to be approved in whole or conditionally.
(1) Home occupations. Home occupations may be permitted in the R-1, R-2 and R-3 Residential Districts as a special land use under the following procedures and conditions.
(a) The exterior appearance of the structure shall not be altered or the occupations within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises or vibrations.
(b) No more than one person other than members of the immediate family occupying the dwelling shall be employed.
(c) No more than 50% of the gross area of one floor of the residences shall be used for such purposes any portion of a garage used in connection of a home occupation shall be included in the calculation of a maximum area allowed for the home occupation.
(d) There shall be no outside storage of any kind related to any home occupation.
(e) The use may not increase vehicular traffic flow and parking by more than one additional vehicle at a time, unless off-street parking regulations is provided.
(f) Mechanical or electrical equipment employed by the home occupation shall be comparable to the machinery or equipment customarily found in the home associated with a hobby or avocation.
(g) Only one nameplate shall be allowed in accordance with the sign regulations of this chapter. It may display name of the home occupation (e.g., John Doe, realtor).
(h) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.
(2) Low density apartments. Low density apartments are permitted as a special land use in the R-2 and R-3 Residential Districts under the following provisions and conditions:
(a) The density (lot area per dwelling unit) of the zone shall be complied with;
(b) All apartment regulations and requirements of this chapter shall be complied with;
(c) At least eight dwelling units shall be constructed;
(d) All yard requirements of the zone district shall be increased 50% except in a zone permitting apartments as a principal use;
(e) All dwelling units shall be supplied with public sewer and water; and
(f) No building shall exceed 120 feet in width or depth and all buildings shall be of substantially similar appearance as other conforming uses in the neighborhood.
(3) High density apartments. High density apartments are permitted in the R-3 Residential District as a special land use according to the following provisions and conditions:
(a) The site location must be within 700 feet of a B Business District;
(b) The project can have a maximum height of 52 feet;
(c) There shall be at least eight dwelling units therein and all yard provisions of the zones shall be complied with;
(d) No minimum lot area per dwelling unit is required, provided that off-street parking requirements shall be complied with upon the same lot; and
(e) All buildings shall comply with the fire prevention code of the city.
(4) Office buildings. Office buildings and uses customarily carried on in an office are permitted as a special land use on any lot facing upon a marked state or federal highway in any R-3 Zone.
(5) Rooming houses, boarding houses and motels for transient guests. Rooming houses, boarding houses and motels for transient guests are permitted as a special land use on any lot in a R-2 District facing upon a marked state or federal highway, provided that the total lot coverage shall not exceed 75%.
(6) Mortuaries and professional buildings. Mortuary establishments and their customary accessory buildings, offices for realty, professional, insurance or similar occupations customarily carried on in an office, beauty salons and barber shops are permitted as a special land use on any lot located upon a major street as designated on the master plan of the city if located in an R-2 District within 700 feet of the B-2 District, provided that the use does not involve the sale or repair of products or equipment upon the premises.
(7) Apartment buildings. Groups of apartment buildings in the same ownership may be permitted as a special land use in the R-3 Residential District on the same lot if the following requirements are complied with:
(a) No type of building shall be located in front of the main entrance wall of an apartment building unless separated by a common yard of at least 50 feet;
(b) No apartment building shall be located in back of the rear entrance wall of another apartment building unless separated by a common yard of at least 80 feet;
(c) There shall be at least 40 feet of yard space behind the rear wall of any apartment dwelling unobstructed by any accessory building or parking area. However, for good cause the yard space may be located beyond a parking area, drive or attached garage;
(d) No building shall be located closer to another building than a distance equal to its height; and
(e) No more than two such buildings may be attached by a common unpermed fire wall. Garages may be attached to an apartment dwelling provided there is a fire wall where so attached.
(8) Neighborhood renewal. Any other provision of this section notwithstanding, a lot which has a deteriorated principal building located thereon may be renewed and used for a high density apartment building as a special land use in an R-3 Residential District provided that:
(a) The deteriorated building is demolished;
(b) All zone requirements are complied with except as reduced herein;
(c) There shall be at least 1,700 square feet of lot area for each dwelling unit, provided that where additional vacant land has been acquired and added to the renewed lot the additional dwelling units permitted thereby shall be calculated according to the zone regulations; and
(d) The renewal is completed within two years of the demolition of the prior use.
(9) Convenience store w/fuel dispensing, vehicle repair shop (engine repair) and collision repair. No land or building shall be used as a service station or an automobile repair shop unless located in the B-2, B-3 or I Districts as a special land use and then only if the site plan shows that:
(a) The lot is at least 100 feet in width and depth;
(b) All above ground or underground structures other than permitted signs or drives are at least 20 feet from any lot line, and at least 25 feet from any residential zone line;
(c) The area for outdoor parking, servicing or storage of vehicles is paved and conforms to § 154.08;
(d) Driveways will be at least 24 feet from any intersecting street rights-of-way or residential zone lines; and
(e) A paved or enclosed area for the storage of inoperable or damaged vehicles awaiting repair is provided which is screened from any public street or residential zone.
(10) Vehicle sales area. Vehicle sales areas may only be permitted as a special land use in the B-3 and I (Industrial) Districts. No vehicle sales area may be accessory to a convenience store with fuel dispensing. The plot plan for proposed vehicle sales area shall show that:
(a) Provisions of (C)(9)(a) through (e) are complied with provided that no vehicles or equipment shall be located closer than ten feet to any side or rear property line nor closer than 25 feet to any front street right-of-way;
(b) All areas used for the parking or storage of vehicles shall be paved in accordance with § 154.08; and
(c) The direct source of display lighting shall be screened from any public street or residential zone.
(11) Salvage yards. Salvage yards may be permitted as a special land use only in the I District, and only providing that the following requirements are complied with.
(a) Plans and specifications shall be submitted to the Planning Commission which shall include:
1. Specific location of the facility shown on a vicinity map;
2. Location of public roadways, habitable structures and places of public use on the site and other properties influenced by the project;
3. Legal description and site boundaries;
4. Means of limiting access including fencing, gates, natural barriers or other methods;
5. Details of the method of treating or disposing of liquid waste resulting from operation of the facility as it related to the city’s wastewater treatment facility;
6. Location of all structures and equipment;
7. Detailed description and statement appurtenances and procedures intended to handle heavy or bulky items, store refuse beyond the end of the working day and control dust, odors and fire as they comply with state and federal regulations;
8. Location of existing proposed utilities available to the site;
9. Method of final reduction such as compacting, grinding, shredding, compression or tamping equipment;
10. Daily clean-up procedures;
11. A certified manifest which discloses the type and nature of a material stored on site (for any amount of time) shall be maintained with the city for purposes of identifying any potential threat to public health or safety. The city reserves the right to prohibit particular stored items, materials or substances which would jeopardize public health or safety; and
12. Other details necessary as required by the Planning Commission.
(b) A facility shall be located not less than 500 feet from the nearest residential zone and must be screened by a fence of not less than eight feet in height and not less than 75% solid. It must also be screened by fences from streets, roads or highways open to public vehicle travel.
(c) The site must be located on major arterial roads and not on residential or collector type roads. Roadways on the property shall be all weather roads and maintain a condition to prevent a dust nuisance.
(d) Dust and odor resulting from unloading and operation of the facility shall be reasonably controlled at all times. Operation of the facility shall be carried on in a manner to prevent noise and vibration, nuisance to an adjoining property.
(e) Storage of highly flammable or explosive materials shall only be allowed on the premises if storage methods, approved by the office of State Fire Marshal, are utilized at all times.
(f) Salvage yard site shall not be less than five acres in size.
(g) Open burning shall not be carried on in a salvage area facility.
(h) The salvage yard area shall be maintained in a sanitary manner at all times so as not to create general unsightliness or health and safety hazards.
(i) Necessary operations of the salvage yard shall be carried out promptly in a systematic manner so that conditions are unfavorable for harborage and production of insects and rodents.
(j) Adequate provision shall be made for routine operational maintenance of the facility and all appurtenances.
(12) Medical marihuana manufacturing and distribution facilities.
(a) Medical marijuana manufacturing and distribution facilities as otherwise contemplated by the city code may be permitted provided the conditions below are met.
1. No medical marijuana manufacturing and distribution facility shall be permitted within 1,000 feet of a church.
2. No medical marijuana manufacturing and distribution facility shall be permitted within 1,000 feet of a drug-free school zone.
3. No medical marijuana manufacturing and distribution facility shall be permitted with in 1,000 feet of a child care facility.
4. No medical marijuana manufacturing and distribution facility shall be permitted within 1,000 feet of a residence or a district zoned for residential use.
(b) The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property line upon which the proposed use is to be located, and the zoning district boundary, property or residence from which the proposed land use is to be separated.
(13) Discretionary authority. The Planning Commission shall have discretionary authority to grant special land use permits for uses not specifically listed above as long as the standards for granting special land uses found in division (B)(7)(a) through (f) above are satisfied.
(Ord. 161, passed 12-10-2001; Ord. 176, passed 5-9-2011)