Although each zoning district is primarily intended for a predominant type of use, there are a number of uses which may or may not be appropriate in a particular district depending upon all the circumstances of the individual case. For example, the location, nature of the proposed use, the character of the surrounding development, traffic capacities of adjacent streets, and potential environmental effects, all may indicate that the circumstances of the development should be individually reviewed. It is the intent of this section to provide a system of review of such uses so that the community is assured that the uses are compatible with their locations and with surrounding land uses, and will further the purpose of this title and the objectives of the Laurel comprehensive planning process.

(Prior code § 17.88.010)

An application for a special review may be filed by the property owner, contract purchaser, or his authorized agent. The application shall be filed with the zoning commission secretary and shall be submitted under the following conditions:

A.

The application shall include, but not be limited to the following information:

1.

A legal and general description of the tract(s) upon the special review use is sought;

2.

A map showing the dimensions, acreage and location of the tract(s);

3.

The name and addresses of the owner(s) of the tract(s) and their agents, if any and the names and addresses of property owners of record within three hundred feet of the property for which a special review has been requested; such list of property owners shall be so certified by the county clerk and recorder's office;

4.

A site plan showing major details of the proposed development including but not limited to, the location of proposed and existing buildings and structures; off-street parking and loading; service and refuse areas; means of ingress and egress; landscaping; screening; signs and open space areas;

5.

A time schedule for development;

6.

Any other information the applicant believes will support his request.

B.

An application for a special review shall be made on or before five p.m. of the first day of the month preceding the date of the public hearing before the zoning commission. When the date of submittal falls on a weekend or holiday, the submittal shall be on the following day before five p.m.

(Ord. 94-15, 1994; prior code § 17.88.020)

The planning director, upon receiving an application for a special review of an area or a particular place of property shall do the following:

A.

Consult with other departments of the city or county to fully evaluate the impact of any special review upon public facilities and services including, but not limited to schools, drainage, traffic and related facilities;

B.

Study each application with reference to its appropriateness and effect on existing and proposed land use, and references to the comprehensive plan;

C.

Advertise twice in a newspaper of general circulation in the jurisdictional of the Laurel-Yellowstone city-county planning board at least fifteen days in advance of the time and place of the public hearing;

D.

Notify, by mail, the applicant or his authorized agent at least five days prior to the date of the public hearing of the time and place of such hearing;

E.

Notify, by mail, all property owners within three hundred feet of the exterior boundaries of the property subject to the special review of the time, date, place of the public hearing and the existing and proposed classification. Further, he may notify property owners within a radius of more than three hundred feet if he determines that the proposed use of the property would have a substantial environmental impact on surrounding land uses;

F.

After the public hearing and as part of the public record, the planning director shall report his findings, conclusions and recommendations to the zoning commission.

(Ord. 94-16, 1994; prior code § 17.88.030)

A.

After presentation to the zoning commission of the request for special review by the applicant, the zoning commission shall make a recommendation to the city council to:

1.

Grant the application for special review;

2.

Deny the application;

3.

Delay action on the application for a period not to exceed thirty days; or

4.

Grant the application subject to conditions and recommendations and give the reasons therefor.

B.

Before approving a special review use, the zoning commission shall find that the contemplated use(s):

1.

Complies with all requirements of this section;

2.

Is consistent with the objectives and purposes of this title and the Laurel comprehensive planning process;

3.

Is compatible with surrounding land use or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects;

4.

Further the zoning commission shall consider and may impose modifications or conditions concerning, but not limited to the following:

a.

Street and road capacity,

b.

Ingress and egress to adjoining streets,

c.

Off-street parking,

d.

Fencing, screening and landscaping,

e.

Building bulk and location,

f.

Usable open space,

g.

Signs and lighting,

h.

Noise, vibration, air pollution and similar environmental influences.

(Ord. 94-17, 1994; Ord. 953, 1989; prior code § 17.88.040)

A.

Before taking action on an application for special review, and after presentation of the zoning commission's report, the city council may hold a public hearing on the application.

B.

The zoning commission may recommend to the council whether to hold a public hearing or not. In the event the city council holds its own public hearing on the application, then the recommendations of the zoning commission and the notice of public hearing before the city council shall both be published twice in the newspaper of general circulation in the jurisdictional area of the Laurel-Yellowstone city-county planning board with the first publication being at least fifteen days prior to the hearing.

(Ord. 94-18, 1994; prior code § 17.88.050)