(a) Purpose. The development and execution of this Zoning Ordinance is based upon the division of the City into districts within which 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 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 uses fall into two categories:
(1) Uses publicly operated or traditionally affected with a public interest;
(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.
(b) Initiation of Special Exception Variations. Any person owning or having an interest in the subject property may file an application to use such land for one or more of the uses provided for in this Zoning Ordinance in the zoning district in which the land is situated.
(c) Application for Special Exception Variation. An application for a use variation shall be filed with the Zoning Administrator upon a form prescribed by him. The application shall be accompanied by such plans and/or data prescribed by the Administrator and shall include a statement in writing by the applicant and adequate evidence showing that the proposed use variation will conform to the standards set forth herein.
(d) Application Hearing. Upon receipt, in proper form, of the application and statement referred to in subsection (c) hereof, the Municipal Planning Commission shall fix a reasonable time and place for a public hearing and shall give notice of the time and place of the hearing, published at least once, not more than thirty days and not less than fifteen days before the hearing, in one or more newspapers published in the City, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the City.
(e) Authorization. In considering each application for a special use variation, the Commission shall include such stipulations or additional conditions and the means by which such conditions will be complied with when they are deemed necessary for the protection of the public interest. The Commission may grant or deny any application for a use variation provided, however, that in the event of written protest against any proposed special exception variation, signed and acknowledged by the owners of twenty percent of the frontage immediately adjoining the property proposed for a special use variation, or by the owners of twenty percent of the frontage across an alley or directly opposite therefrom, such use variation shall not be granted except by the favorable vote of two-thirds of all the members of the Commission.
(f) Standards. No special use variation shall be recommended by the Commission unless the Commission finds that:
(1) The establishment, maintenance or operation of the use will not be detrimental to or endanger the public safety, health, morals, comfort or general welfare;
(2) The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
(3) The establishment of the use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;
(4) Adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided;
(5) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;
(6) The use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by Council pursuant to the recommendations of the Commission.
(Ord. 10-16-67. Passed 11-20-67; Ord. 55-2010. Passed 9-21-10.)