(a) Initiation of Special Approval Use: 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 which is specifically enforceable, may file an application to use the land for one or more of the special approval uses provided for in this Chapter in the zoning district in which the land is located.
(Ord. 23-2006. Passed 3-7-06.)
(Ord. 23-2006. Passed 3-7-06.)
(b) Application of Special Approval Use: An application for special approval use shall be filed with the City on a form prescribed by the City. Applications shall be submitted to the Planning and Zoning Administrator at least thirty (30) days prior to transmittal to the Planning Commission. The application shall be accompanied by any plans or information prescribed by the City and shall include as a minimum the requirements for preliminary site plan review as noted in Chapter 1260. The application shall also include a statement in writing by the applicant and adequate evidence showing that the proposed land use will conform to the standards set forth in this chapter. The application shall also be accompanied by a fee to cover the expense of public hearing. The fee determined by resolution of City Council shall be based upon the cost of processing the review.
(Ord. 126-2011. Passed 6-21-11.)
(Ord. 126-2011. Passed 6-21-11.)
(c) Public Hearing: Upon receipt of an application for a special approval use, a public hearing shall be held by the Planning Commission. Once notice that a request for special approval use has been received, it shall be published in a newspaper of general circulation in the City and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within two hundred (200) feet of the boundary of the property in question. The notice shall be given not less than five (5) and not more than fifteen (15) days before the application will be considered. The notice shall contain the following information:
(1) Description of the nature of the special approval use request.
(2) Identification of the property, which is the subject of the special approval use request.
(3) Statement of when and where the special approval use hearing will be considered.
(4) Indication of when and where written comments will be received concerning the request.
(d) Standards: No special approval use shall be approved by the Planning Commission unless it shall find the following:
(1) The establishment, maintenance or operation of the special approval use will not be detrimental to or endanger the public health, safety, or general welfare or the natural environment.
(2) The special approval use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor shall it substantially diminish and impair property values within its neighborhood.
(3) The establishment of the special approval use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(4) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided.
(5) Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.
(6) The special approval use shall, in all other respects, conform to the applicable regulations of the district in which it is located and to any additional conditions or procedures as specified in this Chapter.
(e) Conditions and Guarantees: Prior to the granting of any special approval use, the Planning Commission shall stipulate the conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special approval use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this Chapter and such other requirements as may be deemed necessary. In all cases in which special approval uses are granted, the City shall require any evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Any conditions imposed shall remain unchanged. The City shall maintain a record of changes granted in the conditions.
(f) Effect of Denial of a Special Approval Use: No application for a special approval use which has been denied wholly or in part by the City shall be resubmitted for a period of one (1) year from the date of the order of denial except on the grounds of new evidence or proof of change of conditions found to be valid by the City.
(g) Revocation: In any case where a special approval use has not been established within one (1) year after the date of granting authorization for the use, the special approval use authorization shall automatically be null and void without further action by the City.
(h) Revoke Special Approval Use: A special approval use can be revoked by the City, under the same procedure as used to approve it, if it is found that it no longer meets the standards of this Zoning Code.
(Ord. 23-2006. Passed 3-7-06.)