The formulation and enactment of these zoning regulations is based upon the division of the city into districts, each of which are permitted specified uses which are mutually compatible. In addition to such permitted compatible uses, however, it is recognized that there are certain other uses which may be necessary or desirable to allow in certain locations in certain districts but because of their actual or potential impact on neighboring uses or public facilities, need to be carefully regulated with respect to their location for the protection of the city. Such uses, on account of their peculiar location, need or the nature of the service offered, may have to be established in a district in which they cannot be reasonably allowed as a permitted use.
(A) Jurisdiction. The Building and Zoning Officer shall be responsible for administration of the special exception procedure and the Board of Adjustment shall be responsible for the review, evaluation and action on all applications for a special exception use permit.
(B) Application and fee. Application for a special exception use permit shall be filed with the Building and Zoning Officer. The application shall include the following:
(1) Name and address of the owner and applicant;
(2) Address and legal description of the property;
(3) If the applicant is not the legal owner of the property, a statement that the applicant is the authorized agent of the owner of the property;
(4) A statement describing the nature and operating characteristics of the proposed use, including any data pertinent to the findings required for approval of the application;
(5) Site plans, preliminary building elevations, preliminary improvement plans and such additional maps and drawings, all dimensions sufficiently shown, as required to illustrate the following:
(a) The date, scale, north point, title, name of owner and name of person preparing the site plan;
(b) The location and dimensions of boundary lines, easements and required yards and setbacks;
(c) The location, height, bulk, general appearance and intended use of existing and proposed buildings on the site, and approximate location of existing buildings on abutting sites within 50 feet;
(d) The location of existing and proposed site improvements including parking and loading areas, pedestrian and vehicular access, landscaped areas, utility or service areas, fencing and screening, signs, and lighting;
(e) The location of watercourses and drainage features;
(f) The number of existing and proposed off-street parking and loading spaces, and a calculation of applicable minimum requirements; and
(g) The relationship of the site and proposed use to surrounding uses, including pedestrian and vehicular circulation, current use of nearby parcels and any proposed off-site improvements to be made.
(6) Any applicable fee established by the City Council.
(C) Public hearing and notice. The Board of Adjustment shall hold a public hearing on each application for a special exception use permit. Notice shall be given as prescribed in § 155.299. At the public hearing, the Board shall review the application and shall receive pertinent evidence concerning the proposed use and proposed conditions under which it would be operated or maintained.
(D) Report of the Building and Zoning Officer. The Building and Zoning Officer shall review the application or proposal and shall prepare a report which shall be filed with the Board of Adjustment and available to the applicant at the time of the hearing.
(E) Action by the Board of Adjustment. The Board of Adjustment shall act on the application not more than 20 days following the closing of the public hearing on a special exception use permit. The Board may grant a special exception use permit as the permit was applied for, or in a modified form or subject to conditions, or may deny the application. The Board shall notify the applicant of its decision by mail.
(F) Review and evaluation criteria. The Building and Zoning Officer and the Board shall review and evaluate special exception use permit applications using the following criteria:
(1) Conformance with applicable regulations and standards established by the zoning regulations;
(2) Compatibility with existing or permitted uses on abutting sites, in terms of building height, bulk and scale, setbacks and open spaces, landscaping and site development, and access and circulation features;
(3) Potentially unfavorable effects or impacts on other existing or permitted uses on abutting sites, to the extent such impacts exceed those which reasonably may result from use of the site by a permitted use;
(4) Modifications to the site plan which would result in increased compatibility, or would mitigate potentially unfavorable impacts, or would be necessary to conform to applicable regulations and standards and to protect the public health, safety, morals and general welfare;
(5) Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use;
(6) Protection of persons and property from erosion, flood or water damage, fire, noise, glare and similar hazards or impacts;
(7) Location, lighting and type of signs; and relation of signs to traffic-control and adverse effects on adjacent properties;
(8) Adequacy and convenience of off-street parking and loading facilities;
(9) That adequate utilities, access roads, drainage, parking and/or necessary facilities have been or will be provided;
(10) That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;
(11) The use shall not include any activity involving the use or storage of flammable, or explosive material unless protected by adequate firefighting and fire-suppression equipment and by such safety devices as are normally used in the handling of any such material;
(12) The use shall not include noise which is objectionable due to volume, frequency or beat unless muffled or otherwise controlled;
(13) The use shall not include vibration which is discernible without instruments on any adjoining lot or property;
(14) The use shall not involve any malodorous gas or matter which is discernible on any adjoining property;
(15) The use shall not involve any pollution of the air by fly-ash, dust vapors or other substance which is harmful to health, animals, vegetation or other property or which causes soiling, discomfort or irritation;
(16) The use shall not involve any direct or reflected glare which is visible from any adjoining property or from any public street, road or highway;
(17) The use shall not involve any activity substantially increasing the burden on any public utilities or facilities unless provisions are made for any necessary adjustments;
(18) The use shall not interfere with the use or enjoyment of neighboring permitted uses. If such interference is found, provisions may be made for increased setbacks (up to 500 feet) from property lines or screening of incompatible use by the use of fences or hedges; and
(19) The use shall not create a hazard to vehicular traffic. If any such hazard is determined, provisions may be taken to increase the required setback in regard to open air storage.
(G) Conditions of approval. The Board of Adjustment may establish conditions of approval. Conditions may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications; regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; and such other conditions as the Board may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety and welfare, and to enable the Commission to make the findings required for approval of the permit.
(H) Lapse of a conditional use permit. Unless a longer time shall be specifically established as a condition of approval, a special exception use permit shall lapse and shall become void, one year following the date on which such permit became effective, unless prior to expiration, a building permit is issued and construction is commenced and diligently pursued toward completion, or a certificate of occupancy is issued for the use, or the site is occupied if no building permit or certificate of occupancy is required.
(I) Revocation.
(1) The issuance of special exception use permit by the Board shall entitle the owner to continue to operate the use so long as he or she remains in compliance with the terms and conditions of this chapter and the terms, conditions, limitations, requirements and safeguards set forth in the special exception use permit, if such a special exception use permit is granted, does expressly grant to the city, for the enforcement of this chapter, the power and authority to enter upon the premises at any reasonable time for the purpose of inspection and enforcement of the terms of this chapter or of the terms of the special exception use permit.
(2) In the event the owner or occupant of the property for which a special exception use permit has been issued, shall violate any provision of this chapter or any term, condition, limitation, regulation or safeguards contained in the special exception use permit, the special exception use permit shall be and become null and void and the owner or occupant shall be deemed to be in violation of this chapter and the city may proceed to enforce the provisions of this chapter and the terms, conditions, limitations and safeguards of the special exception use permit as provided in this chapter. In addition to all other remedies provided herein, in the event that such special exception use permit shall be and become null and void, the compliance bond, if any, given by the owner under the provisions of this chapter shall be forfeited.
(J) Approval to run with the land. A special exception use permit granted pursuant to these provisions shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the special exception use permit application.
(Prior Code, § 9-12-1) (Ord. passed 10-11-1990; Ord. 407, passed 1-20-1992)