(a) Any use authorized in a Class II Residential District may be permitted in certain locations in a Class I Residential District by way of a special use permit issued by the Board of Adjustment pursuant to the same standards and procedures as are required for variances in Section 1244.05, and according to the provisions of this section.
(b) Any use authorized in a Class III Residential District may be permitted in certain locations in a Class II Residential District by way of a special use permit issued by the Board of Adjustment pursuant to the same standards and procedures as are required for variances in Section 1244.05, and according to the provisions of this section.
(c) Any use authorized in an Office District may be permitted in certain locations in a Class III Residential District by way of a special use permit issued by the Board of Adjustment pursuant to the same standards and procedures as are required for variances in Section 1244.05, and according to the provisions of this section.
(d) Any use authorized in a Class I Business District may be permitted in certain locations in an Office District by way of a special use permit issued by the Board of Adjustment pursuant to the same standards and procedures as are required for variances in Section 1244.05, and according to the provisions of this section.
(e) Any use authorized in a Class II Business District may be permitted in certain locations in a Class I Business District by way of a special use permit issued by the Board of Adjustment pursuant to the same standards and procedures as are required for variances in Section 1244.05, and according to the provisions of this section.
(f) (1) In addition to the standards and procedures required to be followed by the Board of Adjustment as set forth in Section 1244.05, except those regarding notification, the Board of Adjustment shall only grant special use permits pursuant to this section in the following situations:
A. The permitted uses are not anticipated to be offensive because of additional or unreasonable odor, dust, smoke, gas, noise, or vibration;
B. The permitted uses are not anticipated to cause an unreasonable degree of disturbance or have an adverse impact to the immediate or surrounding area by an increase in the amount of pedestrians or vehicles, or otherwise be unsightly or otherwise objectionable;
C. The permitted uses are not anticipated to result in unreasonable diminution in the value of property in the area; and
D. All abutting property owners and City Council are given ten days advance notice of the hearing on the special use permit by regular mail service, with a Certificate of Mailing issued by the U.S. Postal Service.
(2) If the Board denies a requested permit, it shall specify its reasons for denial, in writing, and serve its decision on the applicant together with a notice of any rights to appeal the applicant may have.
(3) The decision of the Board whether to grant or deny an application for a special use shall be filed with City Council.
(g) The Board of Adjustment is authorized to establish reasonable conditions and limitations on the allowed use of the property as an expressed condition of the granting of the special use permit to effect the maintenance of the standards by which the special permit is issued. The property owner’s failure to maintain compliance with such conditions shall be grounds for revocation of the special use permit.
(h) The special use permit shall be transferable to a successor in title, but is limited to the use and subject to all conditions as originally authorized by the Board. Upon the transfer of real estate subject to a special use permit, the transferor shall provide the City written notice of the transfer and the name and address of the purchaser within fifteen days of the transfer. Failure to provide the required notice may be cause for the Board to terminate the special use permit and shall be deemed to be a minor misdemeanor offense, punishable by a fine of not more than one hundred dollars ($100.00).
(i) A fee as required in Chapter 1290 shall be paid with the filing of an application for a special use permit. The Board of Adjustment may waive up to ninety percent of the fee for just cause.
(j) The Zoning Administrator shall have the duty to investigate the use requested and shall make a written report and recommendation to the Board of Adjustment within forty- five days of the date of the application, or such later date as may be authorized by the Board. The Board may require the Zoning Administrator to submit any additional information the Board determines to be appropriate for it to consider.
(k) The Board shall conduct a hearing on the advisability of issuing a special use permit within ninety days of the date of the application, or as soon thereafter as the Board determines is practicable.
(l) Notwithstanding any provisions set forth above, Council may, upon its own motion, review any special use permit considered by the Board of Adjustment. Council may thereafter by ordinance reverse, alter, amend, revise, or otherwise modify any decision of the Board of Adjustment provided such ordinance is approved by at least two-thirds of the members elected to Council, within thirty days of Council’s receipt of the Board’s decision.
(m) Unless the Board’s decision is modified by Council as provided in division (l) of this section, the special use permit may only be revoked or modified after a hearing by the Board and having found the original conditions of the permit are not being met or remedied after reasonable notice to the permit holder. Reasonable notice shall be a period of not less than sixty days following written notification mailed by regular mail to the permit holder.
(n) Any special use permit shall automatically terminate, without recourse, if the use is abandoned for six consecutive months. Abandonment shall mean a cessation of the special use at the location for six consecutive months, removal of substantially all of any equipment required by the special use, or modification of the premises in a manner inconsistent with the special use.
(o) Once approved, no change in the specified use or conditions of a special use permit shall be allowed. Any proposed change or modification shall require a new application which shall be considered in every manner as an original application.
(p) The Board may promulgate rules necessary to effectuate the provisions herein.
(Ord 159-07. Passed 7-23-07; Ord. 241-18. Passed 10-8-18.)