(A) Initiation of special land 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, and which is specifically enforceable, may file an application to use the land for one or more of the special uses provided for in this subchapter in the zoning district in which the land is located.
(B) Application of special land use. An application for special land use shall be filed with the Engineering Department on a form prescribed by the Department. The application shall be accompanied by any plans or data prescribed by the Department and shall include as a minimum the requirements for site plan review as noted in § 190.377 of this chapter. The application shall also include a statement in writing by the applicant and adequate evidence showing that the proposed special land use will conform to the standards set forth in this section. The application shall also be accompanied with a fee to cover the expense of public hearing. The fee to be determined by resolution of the City Council shall be based upon the cost of processing the review.
(C) Public hearing. Upon receipt of an application for a special land use, a public hearing shall be held by the Planning Commission. Once notice that a request for special land use approval 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 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. The notice shall be given not less than 15 days before the application will be considered. 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. The notice shall contain the following information:
(1) Description of the nature of the special land use request;
(3) Indication of the property, which is the subject of the special land use request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used;
(4) Statement of when and where the special land use hearing will be considered; and
(5) Indication of when and where written comments will be received concerning the request.
(D) Standards. No special land use shall be recommended by the Engineering Department or approved by the Planning Commission unless it shall find the following:
(1) The establishment, maintenance or operation of the special land use will not be detrimental to or endanger the public health, safety or general welfare or the natural environment;
(2) The special land 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 land 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 are being 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;
(7) A decision on a special land use shall be incorporated in a statement of findings and conclusions relative to the special land use which specifies the basis for the decision and any conditions imposed.
(E) Conditions and guarantees. Prior to the granting of any special land use, the Planning Commission shall stipulate the conditions and restrictions upon the establishment, location, construction, maintenance and operations of the special land use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this section. In all cases in which special land uses are granted, the Planning Commission 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, except upon the mutual consent of the Planning Commission and the land owner. The Planning Commission shall maintain a record of changes granted in the conditions.
(F) Effect of denial of a special land use. No application for a special land use which has been denied wholly or in part by the Planning Commission shall be resubmitted for a period of one 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 engineering department and the Planning Commission.
(G) Revocation. In any case where a special land use has not been established within one year after the date of granting authorization for the use, the special land use authorization shall automatically be null and void without further action by the Planning Commission.
(H) Revoke special land use. A special land use may be revoked by the Planning Commission under the following procedures:
(1) Mail notice of the proposed action to revoke the special land use to the owner/operator of the business and outdoor café at least ten calendar days prior to the hearing;
(2) Provide with the notice the reasons for the proposed action;
(3) Provide with the notice the date, time and place of the hearing for the proposed action;
(4) Include in the notice a statement that the owner/operator may present evidence and testimony and question any witness at the hearing; and
(5) At the hearing, the City Engineer’s office or planner will present to the Planning Commission any witnesses, reports, documents and recommendations concerning the proposed revocation of the special land use.
(I) Criteria for revocation. The Planning Commission may revoke a special land use upon a determination by the Commission that, based upon a preponderance of evidence presented at the public hearing, any of the following exists:
(1) Violation of any of the restrictions of the special land use set forth in the city ordinance or in any conditions set by the city when it approved the special land use.
(2) Maintenance of a nuisance upon the premises, including, but not limited to, any of the following:
(a) Existing violations of building, zoning, health, fire or regulatory codes;
(b) A pattern of patron conduct upon or in the neighborhood of the licensed establishment including outdoor café which is in violation of the law or disturbs the peace, order and tranquility of the neighborhood;
(c) Failure to maintain the grounds and exterior of the licensed establishment (including outdoor café), including litter, debris, refuse blowing or being deposited on adjoining properties;
(d) Entertainment without a required permit or entertainment which disturbs the peace, order and tranquility of the neighborhood;
(e) Any advertising, promotion or activity which by its nature causes, creates or contributes to disorder, disobedience to rules, ordinances or laws, or contributes to the disruption of normal activity of those in the neighborhood of the licensed establishment (including outdoor café);
(f) Any condition of default in the payment of any tax, fee, charge, water bill, special assessment or other debt to the city or any unpaid judgment payable to the city; and
(g) Any misrepresentation of any information in any application or hearing for the grant or renewal of any special land use (including outdoor café).
(Prior Code, App. A, § 2201) (Ord. 1277, passed 4-2-2007; Ord. 1433, passed 10-10-2016)