Special exceptions and uses are those which would not normally be appropriate in a zoning district unless strictly controlled as to the size, lot coverage, impact on public services, visibility, traffic and other such related characteristics that are determined by the city council. A procedure is established in this article to integrate the special exception uses with other land uses located in the zoning district. These special exceptions shall be reviewed and authorized or rejected under the procedure set forth in this article.

(Ord. of 4-7-1997, § 506)

(a)

An application for a special exception permit shall be filed with the zoning administrator at least 30 days prior to the next regularly scheduled planning commission meeting.

(b)

An application shall be on the forms prescribed by the zoning administrator. Such application shall contain floor plans, elevations and all information pertinent to the request that the city may require and shall contain the notation that appropriate fees have been paid.

(Ord. of 4-7-1997, §§ 506.1, 506.2)

A special exception may be granted when the city council finds from a preponderance of the evidence produced at the hearing that:

(1)

The proposed use, including its nature, intensity and location, is in harmony with the orderly and appropriate development of the zone. The specific use must be identified.

(2)

Adequate water supply, sewage disposal, storm drainage, and fire and police protection are, or can be, provided for the use.

(3)

The use of adjacent land and buildings will not be discouraged and the value of adjacent land and buildings will not be impaired by the location, nature and height of buildings, walls and fences.

(4)

The use will have proper location with respect to existing or future streets giving access to it, will not create traffic congestion or cause industrial or commercial traffic to use residential streets.

(5)

The use will not have an adverse impact on the physical, visual or spatial characteristics of the overall plan for the tract to be developed.

(6)

The use will enhance the overall development plan for the tract, and without the special exception there will be an adverse impact of the existing streetscape, neighborhood and/or district in which such development is located or the city generally.

(7)

Adequacy of landscaping, lighting, signage, safety and other proposed site improvements are included in the plan.

(Ord. of 4-7-1997, § 506.3)

The city council may attach conditions considered to protect the public welfare and the comprehensive plan, including conditions more restrictive than those established for other uses in the same zone.

(Ord. of 4-7-1997, § 506.4)

The applicant for a special exception shall have the burden of proof, including the burden of persuasion on all questions of fact that are to be determined by the city council.

(Ord. of 4-7-1997, § 506.5)

The public hearing on the special exception shall be conducted pursuant to section 42-537.

(Ord. of 4-7-1997, § 506.6)

If the city council's decision is to deny a special exception permit, the same property may not again be considered for such a permit until the expiration of at least six months immediately following the denial of the special exception permit by the city council.

(Ord. of 4-7-1997, § 506.7)

Changes in ownership or tenancy of a special exception use will not be permitted.

(Ord. of 4-7-1997, § 506.8)

Unless otherwise specified or extended by the city council, a special exception authorized by the city council will expire if the applicant fails to obtain, where required to do so, a building permit or certificate of occupancy within six months of the date of the authorization of the special exception.

(Ord. of 4-7-1997, § 506.9)