Although each zoning district is primarily intended for a predominate type of use (such as dwellings in residential districts), there are a number of uses which may or may not be appropriate in a particular district depending upon, for example, the location, nature of the proposed use, character of surrounding development, traffic capacities of adjacent streets and potential environmental effects. These factors may dictate that the circumstances of development should be individually reviewed. It is the purpose of this chapter to provide review of such uses so that the community is assured that they are compatible with their locations and surrounding land uses and will further the purposes of this title.

(Ord. 3-96 (part), 1996).

Permitted uses and uses permitted by special review may be located in the same building.

(Ord. 3-96 (part), 1996).

An application for approval of a special use review may be filed by a person having an interest in the property for which the special use review use is requested. When applications are filed by a lessee, the owner of the property must co-sign the application.

(Ord. 3-96 (part), 1996).

A special use review application shall be required when a proposed use is listed as a "special use" under the appropriate zone district regulations.

(Ord. 3-96 (part), 1996).

The application for a special use permit shall be made on such a form as provided by the City of Florence and shall be submitted to the City Manager or City Planner in timelines set forth in Section 17.04.070.

(Ord. 3-96 (part), 1996).

(Ord. No. 01-18-2022A, Exh. A, 2-7-2022)

After the City Manager determines that a complete application has been submitted, and fees paid, he shall set a date for a Planning Commission public hearing on the application.

(Ord. 2-98 § 1, 1998: Ord. 3-96 (part), 1996).

A.

At least fifteen (15) days prior to the scheduled public hearing, the City post on a sign a notice declaring that special use review is being requested. The sign shall be placed along the part thereof fronting a street. The sign shall be of adequate size to relay the following information:

NOTICE OF PUBLIC HEARING
FLORENCE PLANNING COMMISSION

For a special use review for (description/use)

Current zoning of the property

Applicant name

Signs placed off site shall contain one (1) of the following: Assessor schedule number, address of the property, or legal description.

The posting of the sign shall be verified by the City Manager.

B.

At least fifteen (15) days prior to the scheduled public hearing, the City Manager shall notify all property owners within a three hundred (300) foot radius of the subject property, by first-class mail, that a special use review application has been submitted, and the date of the public hearing. Those wishing to comment on the proposed special use shall be asked to submit comments in writing to the City Manager and/or attend the public hearing.

C.

At least fifteen (15) days prior to the scheduled public hearing, the City Manager shall cause notice of the proposed special use to be published in the official city newspaper.

(Ord. 3-96 (part), 1996).

(Ord. No. 09-20-2021A, Exh. A, 10-4-2021)

A.

The City Manager shall review each application to determine if it is consistent with the standards set forth in this chapter and shall investigate the relationship between the proposed land use and the City of Florence comprehensive plan and zoning ordinances.

B.

Upon completion of review, the City Manager shall present a report and recommendations to the Planning Commission and the applicant.

(Ord. 3-96 (part), 1996).

At a public hearing, the Planning Commission shall consider the application and apply relevant land use principles, including the comprehensive plan and the provisions of this title. The Commission's consideration of the application may include on site inspections of the property involved in the special use application.

(Ord. 2-98 § 2, 1998).

A.

It is a requirement of the Planning Commission that either one (1) applicant or a representative be present at the public hearing to present the application.

B.

The Chair shall open the hearing.

C.

The City Manager shall present an advisory report to the Planning Commission which shall include a complete review of the item. Other city staff may present information.

D.

The applicant or a representative shall make a presentation.

E.

Other proponents of the item shall be heard.

F.

Opponents of the item shall be heard.

G.

Additional comments by the City Manager or other City staff shall be allowed for clarification or in response to new evidence or questions from Planning Commission.

H.

The applicant may respond but only to rebut new evidence.

I.

Questions from Planning Commission may be directed at any time to the applicant, staff, or public to clarify evidence presented in the hearing.

J.

No proponent or opponent of an item shall be permitted to speak more than once with the exception of the rebuttal allowed the applicant and with the exception that anyone may speak in response to questions from Planning Commission. Responses to questions from Planning Commission shall be limited to the answer to the question as stated.

K.

When the Planning Commission has no additional questions, the Chair shall close the hearing and the Planning Commission shall act on the item. Action of the Planning Commission shall be in the form of a recommendation to the City Council. The Planning Commission may recommend approval, approval subject to certain conditions, disapproval, or make suggestions. All actions and proceedings shall be recorded in the minutes of the Planning Commission.

(Ord. 2-98 § 3, 1998: Ord. 3-96 (part), 1996).

A.

The City Council may approve, approve subject to certain conditions, or disapprove the application. No special review use application shall be approved unless the City Council finds that the application:

1.

Complies with all requirements imposed by this chapter and with all applicable rules of the Planning Commission;

2.

Is consistent with the purposes of this title; and

3.

Is designed to be compatible with surrounding land uses and the area of its location.

B.

In considering an application for a special review use, the City Council shall consider and may impose modifications or conditions concerning by way of illustration, the following development features, to the extent such modifications or conditions are deemed necessary:

1.

Size and location of site;

2.

Internal traffic circulation and access to adjoining public streets;

3.

Location and amount of off-street parking;

4.

Fencing, screening and landscaped separations, including open space;

5.

Building bulk and location; and

6.

Noise, vibration, air pollution and other environmental influences.

C.

Final approval of the special use application shall be in the form of a City Council resolution.

(Ord. 3-96 (part), 1996).

Reapplications for special use review shall not be accepted within one hundred eighty (180) days from the date of final decision of the City Council, if such decision covered the same property or subject matter as that in the prior application. Applications will be accepted after this one hundred eighty (180) day period and will be subject to all requirements of this chapter.

(Ord. 3-96 (part), 1996).