The development and execution of this ordinance is based upon the division of the city into districts within which the permitted uses of land and buildings and the bulk and location of buildings and structures in relation to the land are uniform. It is recognized, however, that there are special land uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land, of the public need for the particular use, and/or particular location.

An application for a special land use shall be filed with the planning commission on a form prescribed by the commission that shall contain as a minimum such plans and data required for a site plan review in article 20. 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 article. The application shall also be accompanied with a fee to cover expense for public hearings. Four copies of the application form and the necessary attachments shall be submitted to the planning commission.

Upon receipt in proper form of the application and statement referred to in this article, one (1) notice that a request for special land use approval has been received shall be published in a newspaper of general circulation in the City. The publication shall occur not less than fifteen (15) days before the date the application will be considered. The notice 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 to such persons shall also be given not less than fifteen (15) days before the date 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 and 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:

A.

Describe the nature of the special land use request.

B.

Indicate the property which is the subject of the special land use request.

C.

State when and where the special land use request will be considered.

D.

Indicate when and where written comments will be received concerning the request.

For each application for a special land use, the planning commission shall make determination to approve, approve with conditions, or deny the application. Final decision on the special land use application shall be made within 125 days of receipt of application by the planning commission, unless an extension is agreed upon by the applicant and planning commission.

The planning commission shall incorporate their decision in a statement of conclusions relative to the special land use under consideration. The decision shall specify the basis for the decision and any conditions imposed.

All special land uses authorized in this ordinance shall not be approved by the planning commission unless the commission finds that the requirements specified in the particular zoning district for such special land use have been met and that the following standards are met:

1.

That the establishment, maintenance or operation of the special land use will not be detrimental to or endanger the public health, safety or general welfare.

2.

That 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.

That 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.

That adequate utilities, access roads, drainage and necessary facilities are being or will be provided.

5.

That adequate measures are being or will be taken to provide ingress or egress so designed to minimize congestion in the public streets.

6.

That the special land use shall, in all other respects, conform to the applicable regulations of the district in which it is located and to any additional conditions or procedure as specified in article 20.

Reasonable conditions and guarantees may be attached to the final approval of a special land use consistent with the provisions of sections 4.17 and 4.18.

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 said order, except on grounds of newly discovered evidence or change of conditions found to be sufficient to justify reconsideration by the planning commission.

Unless otherwise specified by the planning commission, any special land use granted under this article shall be null and void unless construction and/or use is commenced within one year from the date of the granting of the permit. The planning commission, upon application by the owner, may grant an extension thereof for good cause for a period not to exceed one year.

Upon denial of an application for a special land use determination by the planning commission, the applicant may appeal to the board of zoning appeals.