(A) Special uses. The following listed uses shall be subject to these exceptional use district regulations, except as they may be permitted by other provisions of the zoning ordinance.
(1) Transportation. Airport or flying field, transportation terminals, depots or other transportation facilities not exempt from regulation.
(2) Recreation and amusement. Amusement center, amusement park, skating rink, miniature golf, swimming pool, drive-in theater or similar facility. Athletic field, stadium, race track or similar sports facility not otherwise allowed by the provisions of the zoning ordinance. Golf club, country club, fishing club or lake, gun club, riding stable, including boarding of animals, or similar recreational facility operated on an admission fee or membership basis. Resort establishment, park, camping or boating facilities, picnic grounds or similar recreational facility operated on an admission fee or membership basis. Mechanical or electrically operated amusement devices as defined in § 112.15 may be operated in connection with the recreation and amusement uses listed herein subject to the provisions of §§ 112.15 et seq.
(3) Social and cultural institution. Cemetery or crematory not otherwise allowed by the provisions of the zoning ordinance. Hospital, sanitorium, convalescent home, rest home or home for children or the aged not otherwise allowed by the provisions of the Zoning Ordinance. Private school or college including those with students or faculty in residence, not otherwise allowed by the provisions of the zoning ordinance.
(4) Other uses not provided for. Other legal uses of unique or exceptional requirements or circumstances that are otherwise not permitted by the zoning ordinance.
(B) Procedure. The following procedure shall be followed in placing land in the Exceptional Use District.
(1) Development plan. Three copies of a development plan shall be submitted with the application for amendment of the zoning district map and such plan shall include in text or map form:
(a) The proposed location and size of areas of use, indicating size, location and type of structure.
(b) The proposed location, size and use of all open areas landscaped and other open space with suggested ownership of such areas.
(c) The proposed provision of water, sanitary sewer and surface drainage facilities including engineering feasibility or other evidence of reasonableness.
(d) The proposed circulation pattern including streets, both public and private, parking areas, walks and other access ways including their relation to topography, existing streets and other evidence of reasonableness.
(e) The proposed schedule of site development and construction of buildings and associated facilities including sketches or other documentation indicating design principles or concepts for site development, buildings, landscapes or other features. Such schedule shall include the use or redevelopment of existing features such as structures, streets, easements, utility lines and land use.
(f) The relationship of the proposed development to the existing and future land use in the surrounding area, the street system, community facilities and services and other public improvements.
(g) Evidence that the applicant has sufficient control over the land to effectuate the proposed development plan within three years. Such control includes property rights, economic resources and engineering feasibility as may be necessary.
(2) Basis of approval. The basis of approval for the Exceptional Use District shall be:
(a) That the proposed development is consistent in all respects to the purpose, intent and applicable standards of the zoning ordinance;
(b) That the proposed development is in conformity with a comprehensive plan or a portion thereof as it may apply;
(c) That the proposed development advances the general welfare of the municipality and that the benefits to be derived from the proposed use justifies the change in the land use character of the area.
(3) Effect of approval. The development plan as approved by Council shall constitute an amendment of the zoning district map and a supplement to the Exceptional Use District regulations as they apply to the land included in the approved amendment. The approval shall be for a period of three years to allow the preparation of the subdivision plat, submitted in accordance with the subdivision regulations if required; or if no plat is required for the completion of plans for application for a certificate of zoning compliance. If the plat is not submitted and filed nor such certificate applied for and used within the three-year period, the approval shall become voided and the land shall revert to its last previous zoning district, except if an application for time extension is submitted and approved in accordance with division (4) below.
(4) Extension of time or modification. An extension of the time limit or the modification of the approved development plan may be approved by Council. Such approval shall be given upon a finding of the purpose and necessity for such extension or modification and evidence of reasonable effort toward the accomplishment of the original development plan, and that such extension or modification is not in conflict with the general health, safety and welfare of the public or the development standards of the Exceptional Use District.
(C) Development standards. The provisions of §§ 153.070 through 153.076 shall pertain to the Exceptional Use District. Because of the unique nature and requirements of these uses, and because their locations cannot be readily predetermined, appropriate development standards cannot be set forth, but full usage of development standards, requirements and other provisions of the zoning ordinance as they may be appropriate, shall be used.
('80 Code, § 1185.05) (Ord. 21-70, passed 7-13-70; Am. Ord. 112-95, passed 2-19-97) Penalty, see § 153.999