Special Exceptions are neither a Principally or Conditionally permitted use and would normally be excluded from a particular zoning district unless the unusual and outstanding characteristics of the use would be considered extraordinary, complementary and beneficial to the community.
The Planning and Zoning Commission may authorize, upon application, special exceptions uses as delineated within each zoning districts. Such special exception requests shall conform to all of the following requirements.
APPLICATION FOR SPECIAL EXCEPTIONS.
An application for special exemptions shall be filed with the Building and Zoning Official by at least one owner, owner's agent or lessee of properties for which such special exception is proposed. The application shall be signed by the owner or applicant attesting to the accuracy of all information supplied by the application. At a minimum, the application shall contain the following information provided however that the Building and Zoning Official may waive certain submission requirements where it is determined that it is not applicable:
(a) Name, address and telephone number of the owner of record and applicant;
(b) A boundary survey of the said property;
(c) Description of existing use;
(d) Present zoning district;
(e) Description of proposed special exception use;
(f) A plan of the proposed site for the special exception showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and other such information as the Building and Zoning Official may require to determine if the proposed conditional use meets the intent and requirements of this Code;
(g) A statement and supporting documentation describing how the applicant believes the request conforms to the standards for a special exceptions described below.
(h) An application filing fee as established by Council.
GENERAL STANDARDS FOR SPECIAL EXCEPTIONS.
In addition to specific requirements for special exceptions uses that may be specified in the district use regulations, the Planning and Zoning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use is appropriate at the proposed location and meets all the of the following:
(1) Shall be harmonious and in accordance with the general objectives of this Code;
(2) Shall be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and so that such use shall not change the essential character of the same area;
(3) Shall not be hazardous or disturbing to neighboring uses;
(4) Shall be served adequately by essential public facilities and services;
(5) Shall not be detrimental to the economic welfare of the community;
(6) Shall not have a negative impact on properties within 300 ft. of the proposed site.
(7) Shall not involve uses, activities, processes, material, equipment and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
(8) The special exception shall not create significant or excessive demand for municipal police, fire protection, schools, or solid waste disposal services.
(9) Shall be consistent with the spirit and intent of the Comprehensive Master Plan.
The Planning and Zoning Commission shall have the authority to modify the requirements of a Special Exception.
PUBLIC HEARING BY THE PLANNING AND ZONING COMMISSION.
The Building and Zoning Official shall schedule a public hearing of the Planning and Zoning Commission on the special exception within thirty (30) days after the acceptance of the application.
NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Before holding the public hearing required in Section 1111.06(d), notice of such hearing shall be given by publication in a newspaper of general circulation in the City at least ten (10) days prior to the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed special exception use. When the proposed action has been initiated by the City, the City shall at its cost provide the publication of the notice. When the proposed action has been initiated by a party other than the City, the initiating party shall provide at its cost the publication of the notice and shall provide, on or before the date of the hearing, an affidavit confirming compliance with the provisions of this section, which affidavit shall have attached thereto a "proof of publication" form provided by the publishing newspaper.
NOTICE TO PARTIES OF INTEREST.
Written notice of the public hearing provided by Section 1111.06(d) shall be provided to the owners of the real property within the area covered by the application for the special exception use permit and to the owners within 300 feet in any direction of the boundaries of the area, within the City of Loveland, covered by the application. For the purposes of this section, the word “owners” shall mean those persons appearing on the county's current tax duplicate as the owners of fee simple title to the real properties. Such written notice shall be provided at least ten (10) days prior to the date of the hearing by hand delivery, or by posting it by prepaid ordinary U.S. mail at the address listed upon the tax duplicate for each such owner. The written notice shall contain the same information as required of notices published in newspapers as specified in Section 1111.06(e) hereof. When the proposed special exception use has been initiated by the City, the City shall provide at its cost the hand or postal delivery provided herein above. When the proposed conditional use has been initiated by a party other than the City, the initiating party shall provide at its cost the hand or postal delivery provided herein above and shall file with the Planning and Zoning Commission on or before the date of the hearing an affidavit confirming compliance with the provisions of this section. The failure to hand deliver or mail the notice provided by this section shall not, however, invalidate any action of the Planning and Zoning Commission on the special exception use application.
ACTION BY THE PLANNING AND ZONING COMMISSION.
Within thirty-five (35) days after the required hearing the Planning and Zoning Commission shall approve, approve with supplementary conditions as specified, or disapprove the application as presented. If the application is approved or approved with modifications, the Planning and Zoning Commission shall direct the Building and Zoning Official to issue a special exception zoning permit listing the specific conditions specified by the Planning and Zoning Commission for approval.
APPEALS.
Appeals from the Planning and Zoning Commission for a special exemption shall be made to the Board of Zoning Appeals.
EXPIRATION OF SPECIAL EXCEPTION PERMIT.
A special exception permit shall be deemed to authorize only one particular special exception and such special exception permit shall automatically expire if, for any reason, the special exemption use has ceased by discontinuance or abandonment for a period of more than six (6) months. A six (6) month extension may be granted by the Planning and Zoning Commission, upon a written request of the applicant. (Ord. 2019-13. Passed 2-26-19; Ord. 2019-42. Passed 5-28-19.)