(A) The City Planning and Zoning Commission shall have power to hear and decide, in accordance with the provisions of this chapter, requests for special exceptions or for decisions upon other special questions upon which the City Planning and Zoning Commission is authorized by this chapter to pass; to decide such questions as are involved in determining whether special exceptions with such conditions and safeguards as are appropriate under this chapter, or to deny special exceptions when not in harmony with the purpose and intent of this chapter.
(B) A special exception shall not be granted by the City Planning and Zoning Commission unless and until:
(1) A written application for a special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested;
(2) Notice shall be given at least 15 days in advance of public hearing. The owner of the property for which special exception is sought or his or her agent and all adjacent property owners shall be notified by mail. Notice of such hearing shall be posted on the property for which special exception is sought, at City Hall, and in one other public place at least 15 days prior to the public hearing;
(3) The public hearing shall be held. Any party may appear in person, or by agent or attorney;
(4) The City Planning and Zoning Commission shall make a finding that it is empowered under the section of this chapter described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest;
(5) Before any special exception shall be issued, the City Planning and Zoning Commission shall make written findings certifying compliance with the specific rules governing individual special exceptions and that satisfactory provision and arrangement has been made concerning the following where applicable:
(a) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;
(b) Off-street parking and loading areas where required, with particular attention to the items in division (B)(5)(a) above and economic, noise, glare, or other effects of the special exception on adjoining properties generally in the district;
(c) Refuse and service areas, with reference to the items in divisions (B)(5)(a) and (B)(5)(b) above;
(d) Utilities, with reference to locations, availability, and compatibility;
(e) Screening and buffering with reference to type, dimensions, and character;
(f) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;
(g) Required yards and other open space; and
(h) General compatibility with adjacent properties and other property in the district.
(6) After the City Planning and Zoning Commission has granted a special exception, the applicant shall have six months to begin use of the special exception or it shall be void without further consideration but after notice to the applicant
(Prior Code, § 14-16-16.0102) (Ord. 477, passed 2-1-2013)