(A) Purpose.
(1) The development and administration of this chapter is based upon the division of the city into zoning districts, within which districts the use of land and 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 locations.
(2) Such uses on review fall into two categories:
(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) Initiation of use on review. Any person having a freehold interest in land, a possessory interest entitled to exclusive possession or a contractual interest which may become a freehold interest or an exclusive possessory interest, either of which is specifically enforceable, may file an application to use such land for one or more of the uses on review provided for in this chapter in the zoning district in which the land is located.
(C) Application for use on review. An application for a use on review shall be filed with the Zoning Enforcement Officer on a form as he or she shall prescribe. The application shall be accompanied by such plans and/or date prescribed by the Board and shall include a statement in writing by the applicant and adequate evidence showing that the proposed use will, on review, conform to the standards set forth in division (F) below hereinafter. Such application shall be forwarded from the Zoning Enforcement Officer to the Board with a request for a public hearing and report relative thereto.
(D) Hearing an application. Upon receipt in proper form of the application and statement referred to in division (C) above, the Board shall hold at least one public hearing on the proposed use on review. The hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the Board shall, by rule, prescribe from time to time.
(E) Notice of hearing. Notice of time and place of such hearing shall be published not less than seven days preceding said hearing and at least once in one or more newspapers of general circulation in the city. Supplemental or additional notices may be published or distributed as the Board may, by rule, prescribe from time to time.
(F) Standards. No use on review shall be granted by the Board, unless such Board shall find:
(1) That the establishment, maintenance or operation of the use on review will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
(2) That the use on review 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) That the establishment of the use on review will not impede the normal and orderly development and improvement of the surrounding property for permitted uses in the district;
(4) That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;
(5) 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
(6) That the use on review 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 Board.
(G) Conditions and guarantees. Prior to the granting of any use on review, the Board shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the use on review as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in division (F) above. In all cases in which uses on review are granted, the Board 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) Effect of denial of a use on review. No application for a use on review that has been denied wholly or in part by the Board 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 Zoning Enforcement Officer.
(I) Revocation of a use on review. In any case where a use on review has not been established within one year after the date of granting thereof, then, without further action by the Board, the use on review or authorization shall be null and void.