The Board of Adjustment may grant permission for the establishment of a listed special use if the Board finds from the evidence produced after a study of the complete record, as follows, that:
(A) Conditions and specifications. The proposed use meets all required conditions and specifications of the Zoning Ordinance and policies of the city for submission of a special use permit. Such conditions and specifications include but are not limited to the following:
(1) Compliance with lot area and dimensional standards;
(2) Compliance with setback and other locational standards;
(3) Compliance with off-street parking requirements;
(4) Compliance with all additional specific criteria set forth for the particular use, section 9-4-84 of this article; and
(5) Compliance with all application submission requirements.
(B) Comprehensive Plan. The proposed use is in general conformity with the Comprehensive Land Use Plan of the city and its extraterritorial jurisdiction;
(C) Health and safety. The proposed use will not adversely affect the health and safety of persons residing or working in the neighborhood of the proposed use. Such health and safety considerations include but are not limited to the following:
(1) The safe and convenient location of all on-site parking and drives;
(2) The existing vehicular traffic on area streets;
(3) The condition and capacity of area street(s) which will provide access to the proposed development;
(4) The visibility afforded to both pedestrians and operators of motor vehicles both on-site and off-site;
(5) The reasonably anticipated increase in vehicular traffic generated by the proposed use; and
(6) The anticipated, existing and designed vehicular and pedestrian movements both on-site and off-site.
(D) Detriment to public welfare. The proposed use will not be detrimental to the public welfare or to the use or development of adjacent properties or other neighborhood uses;
(E) Existing uses detrimental. The proposed use would not be adversely affected by the existing uses in the area in which it is proposed;
(F) Injury to properties or improvements. The proposed use will not injure, by value or otherwise, adjoining or abutting property or public improvements in the neighborhood; and
(G) Nuisance or hazard. The proposed use will not constitute a nuisance or hazard. Such nuisance or hazard considerations include but are not limited to the following:
(1) The number of persons who can reasonably be expected to frequent or attend the establishment at any one time;
(2) The intensity of the proposed use in relation to the intensity of adjoining and area uses;
(3) The visual impact of the proposed use;
(4) The method of operation or other physical activities of the proposed use;
(5) The noise; odor; smoke; dust; emissions of gas, particles, solids or other objectionable or toxic characteristics which are proposed or that can reasonably be expected to be a result of the operation of the proposed use; and
(6) The danger of fire or explosion.
(Ord. No. 99-19, § 1, passed 2-11-1999)