The City Planning Commission, as herein created, shall have the following specific powers and duties concerning special approvals.
(A) Purpose. In hearing and deciding upon special approvals, the City Planning Commission shall base its actions on the theory that the development and execution of a comprehensive zoning ordinance is founded upon the division of the city into districts within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are variations in the nature of special 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 location. Such special uses fall into two categories:
(1) Uses either municipally operated or operated by publicly regulated utilities or uses traditionally affected with a public interest; and
(2) 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.
(C) Application. An application for special approval for a land use shall be filed and processed in the manner prescribed for application for site plan review in § 153.083 and shall be in such form and accompanied by such information as shall be established from time to time by the City Planning Commission. Any application for special approval shall be filed simultaneously with an application for site plan review for the subject use.
(D) Notice of request for special approval.
(1) Notice of a request for special approval of a land use shall be in the form of one notice published in a newspaper of general circulation in the city, plus a notice sent by mail or by personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet, except that the notice shall be given not less than five and not more than 15 days before the application will be considered.
(2) If the name of the occupant is not known, the term “occupant” may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.
(3) The notice shall:
(a) Describe the nature of the special land use request;
(b) Indicate the property which is the subject of the special land use request;
(c) State when and where the special land use request will be considered;
(d) Indicate when and where written comments will be received concerning the request; and
(e) Indicate that a public hearing on the special land use request may be requested by a property owner or the occupant of a structure located within 300 feet of the boundary of the property being considered for a special use.
(E) Hearing. At the initiative of the City Planning Commission, or upon the request of the applicant for special approval of a land use, or a property owner or the occupant of a structure located within 300 feet of the boundary of the property being considered for a special land use, a public hearing with notification as required for a notice of a request for special land use approval, as provided in division (D) above, shall be held before a decision on the special approval request is made. If the applicant or the City Planning Commission requests a public hearing, only notification of the public hearing need be made. A decision on a special approval request which is based on discretionary grounds shall not be made unless notification of the request for special approval, or notification of a public hearing on a special approval request, is given as required by this section.
(F) Standards. No special approval shall be granted by the City Planning Commission unless the special use:
(1) Will reasonably promote the use of land in a socially and economically desirable manner for those persons who will use the proposed land use or activity; for those landowners and residents who are adjacent; and for the city as a whole;
(2) Is necessary for the public convenience at that location;
(3) Is compatible with adjacent uses of land;
(4) Is so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected;
(5) Can be adequately served by public services and facilities without diminishing or adversely affecting public services and facilities to existing land uses in the area;
(6) Will not cause unreasonable injury to the value of other property in the neighborhood in which it is to be located;
(7) Will reasonably protect the natural environment and help conserve natural resources and energy;
(8) Is within the provisions of uses requiring special approval as set forth in the various zoning districts herein, is in harmony with the purposes and conforms to the applicable regulations of the zoning district in which it is to be located, and meets applicable site design standards for use in §§ 153.455 through 153.491; and
(9) Is related to the valid exercise of the city’s police power and purposes which are affected by the proposed use or activity.
(G) Approval. The City Planning Commission may deny, approve, or approve with conditions, requests for special approval of a land use. The decision on a special approval shall be incorporated in a statement of conclusions relative to the specific land use under consideration. The decision shall specify the basis for the decision, and any conditions imposed.
(H) Record. The conditions imposed with respect to the special approval of a land use or activity shall be recorded in the record of the special approval action and shall remain unchanged except upon the mutual consent of the City Planning Commission and the landowner. The City Planning Commission shall maintain a record of changes granted in conditions.
(Prior Code, § 153.597) (Ord. D-1418, § 2608, passed 11-22-1982, effective 1-21-1983)