A use allowed through the special land use process is a recognition that certain uses may be necessary or desirable to allow in certain locations within a zoning district but which, due to their actual or potential impact on neighboring uses or public facilities, must be more carefully reviewed with respect to their location, design, and operation. This Article establishes the procedures and standards for reviewing a special land use and provides a mechanism for public input on decisions involving them.

The CED Director has final discretion over required submittals for a special land use. The special land use application details minimum submittal requirements. Submission of a special land use requires a complete application with ancillary submittals and any associated fees to be paid. Applications will not be processed unless they are determined to be complete. Any property owner aggrieved by a submittal requirement decision by the CED Director may appeal to the BZA.

A. Process Overview. All special land uses require an accompanying Site Plan, consideration by the Planning Commission and final approval by the City Council. A public hearing in compliance Section 17.03: Public Hearings is required. The Planning Commission holds a required public hearing and recommends approval, approval with conditions, or denial, based on Section 10.04: Approval Standards criteria. The City Council holds a required public hearing in compliance with Section 17.03: Public Hearings and approves, approves with conditions or denies based on Section 10.04: Approval Standards criteria and the Planning Commission recommendation.

B. Pre-Application Meetings. The CED Director may require a property owner to present their special land use at one or more pre-application meetings before submitting a formal application. A property owner's requirement to present at a pre-application meeting is not appealable to any officer, board, or commission. Failure to present at a pre-application meeting will result in an incomplete application determination if submitted.

The following standards must be met for a special land use, as applicable:

A. Compliance with the Master Plan. The proposal furthers the goals and objectives of the Master Plan.

B. Consistent with Zoning Ordinance and Intent of the Zoning District. The use must be consistent and promote the intent and purpose of the Zoning Ordinance and the zoning district. Explain how this application for Special Land Use approval meets all specific criteria and design standards for the specific use outlined in the Zoning Ordinance.

C. Compatible with Adjacent Uses and an Improvement to Community. The proposed use must be compatible with the adjacent uses and an improvement to the community. In determining whether this requirement has been met, consideration shall be given to location and screening of vehicular circulation and parking; location and screening or outdoor storage; hours of operation, bulk and placement of proposed structures in relation to surrounding uses, proposed landscaping and other site amenities.

D. Adequately Served by Essential Public Facilities. The proposed use must be in a place that is served by essential public facilities and services. The use must be adequately served by essential public facilities, such as highways, streets, police, water and sewage.

E. Impact on Pedestrian and Vehicle Traffic. The proposed use must minimize the impact of the traffic generated by the proposed use on surroundings uses. Consider proximity and access to major thoroughfares, estimated traffic generated by proposed use, proximity and relation to intersection, adequacy of driver sight distances, location of and access to off -street parking, required vehicular turning movements and provisions for pedestrian traffic.

F. Protect Health, Safety and Welfare of Community from Nuisances. The proposed use must not generate activities that are detrimental to the public health, safety, and welfare. Consider the production of traffic, noise, vibration, smoke, fumes, odor, dust, glare, and light.

A. Approval Expiration. A special land use is approved to commence for 2-years from the approval date. If the use has not commenced within the two-year period, the special land use is null and void.

B. Approval Extensions. The CED may grant an extension of up to 18-months for an approved special land use. An extension may only be granted provided the approved special land use continues to adequately represent current conditions on and surrounding the site, that the applicant has shown substantial progress on the project, the project has suffered an unavoidable delay, and that the special land use conforms to the standards of the City regulations, at the time of the applicant's request for an extension. Denial by the CED Director to approve an extension is not appealable to any officer, board, or commission.

C. By Owner’s Action. An owner of an approved special land use may petition the CED Director to rescind such approval. Upon receipt of such petition, the CED Director shall terminate approval of the special land use. Only those uses permitted by right within the applicable zoning district will be allowed on the property.

D. Modifications to a Previously Approved Special Land Use. An approved special land use may be subsequently modified, subject to the review and approval requirements of this Article based on the scope of the proposed modifications. The CED Director may approve minor plan modifications or determine whether a property owner must seek Planning Commission approval.

1. Major Modifications. Any modification which meets or exceeds one or more of the conditions for a Major Modification requires a new Special Land Use permit and must be reviewed using the procedures of this Article. Major Modifications to a Special Land Use include:

a) Changes increase the building’s usable floor area by more than 20%.

b) Parking lots have been expanded by more than 20%.

c) The expansion will result in 20% or more increase in traffic generation based upon the latest edition of the Institute of Traffic Engineers Trip Generation Manual or will change the number or location of driveway access points.

d) Any change affecting any previously approved Special Land Use application approved by the City.

2. Minor Modifications to a Special Land Use:

a) Movement of a structure, provided all setback, parking, landscaping, and other site requirements are met.

b) Improvements to site access or circulation, such as deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, and removing a curb cut. The addition of a new curb cut is not considered a minor modification.

c) Slight modification of sign placement or reduction of size / number.

d) Changes required or requested by a City, county, state, or federal agency for safety reasons or for compliance with applicable laws that do not alter the basic design, compliance with the standards of approval, nor any specified conditions of the approved special land use.

e) Situations the CED Director deems similar to the above, which do not alter the basic design, compliance with the standards of approval, nor any specified conditions of the approved special land use.

E. Resubmission. No application the City has denied may be resubmitted until the expiration of 2-years from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions sufficient to justify reconsideration, in the CED Director’s sole determination. Any property owner aggrieved by this decision may appeal to the BZA.

A. Special Land Use Approval. All special land use applications require site plan approval concurrently reviewed with the special land use. Prior Administrative or Planning Commission approval of a site plan does not negate the requirement of a site plan to be presented with a special land use.

B. Penalties and Remedies.

1. Conformity. The property owner for whom special land use approval has been granted is responsible for maintaining the property in conformity with the special land use approval on a continuing basis unless the City approves a new or amended special land use.

2. Failure to Conform.

a) A breach of any condition and the failure to correct such breach within 30 days after the City issues an order to correct is a reason for revocation of the special use review approval. Additional time for correction of the cited violation may be allowed by the City upon submission of proof of good and sufficient cause. Conditions of approved special land use are continuing obligations to the property owner and are binding upon their heirs and assigns and upon any persons taking title to the affected property while such special land use is in effect.

b) The first violation of non-conformity to an approved site plan is a municipal civil infraction. A first offense is subject to a minimum $100.00 fine and any other penalties authorized by law. Second offenses within a 12-month period are punishable by a fine up to $200.00. Third and subsequent offenses are punishable by a fine up to $500.00 and a mandatory court appearance. Each day on which a violation shall continue shall constitute a separate offense and shall be punishable as such. These requirements are in addition to, and not in lieu of, all other City Codes, regulations, or state laws.

No use on any property in the City shall commence unless it complies with the Code. Special land use review is required for:

A. Any new use that is designated as a “S – Special Land Use” in Section: 2.05: Schedule of Permitted Uses.

B. Any Building Type that is designated as a “S – Special Land Use” in Section 4.05: Building Type Standards.

C. When any of the above special land use processes are triggered, even if that use exists today, there is no official record of an approved special land use on file with the City.

D. Any enlargement or intensification of an existing Special Land Use, as determined by the CED Director.