Special exception uses shall be permitted only upon authorization by the special magistrate.

(Ord. No. 1021, § 1, 6-8-04; Ord. No. 1071, § 3(Exh. A, § 5), 2-28-06)

Editor's note— Ord. No. 1071, § 3(Exh. A, § 5), adopted February 28, 2006, changed the title of § 110-121 from "Authorization by special master" to "Authorization by special magistrate."

The special magistrate may deny special exception uses when not in harmony with the purpose and intent of the city land development regulations as outlined in this article.

(Code 1983, ch. 20, art. VII; Ord. No. 1021, § 1, 6-8-04; Ord. No. 1071, § 3(Exh. A, § 5), 2-28-06)

The applicant shall provide for reimbursement of all expenses incurred by the city, deemed necessary by the city manager or his/her designee, to review and process a special exception use request.

Expenses may include, but are not limited to any technical, engineering, planning, landscaping, surveying, legal or architectural services, and advertising.

Within 30 days of the date of receipt of any invoice for such services, the applicant shall reimburse the city for such costs. Failure by the applicant to make such reimbursement when due shall delay the release of a development permit until paid.

(Ord. No. 1072, § 5, 3-28-06)

Editor's note— Ord. No. 1072, § 5, adopted March 28, 2006, added a new § 110-123 and subsequently renumbered the former § 110-123 as § 110-124. The historical notation has been preserved for reference purposes.

(a)

In consideration of granting any special exception use, the special magistrate shall find that such grant will not adversely affect the public interest. In granting any special exception use, the special magistrate in addition to the standards enumerated in this article may prescribe appropriate conditions and safeguards in conformity with the land development regulations. Violation of such conditions and safeguards, when made a part of the terms under which the special exception use is granted, shall be deemed a violation of the land development regulations. The special magistrate may prescribe a reasonable time limit within which the action for which the special exception use is required shall commence, be completed or both.

(b)

Such uses shall be found by the special magistrate to comply with the following requirements and other applicable requirements:

(1)

That the use is a permitted special use.

(2)

That the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.

(3)

That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.

(4)

That the use will be compatible with adjoining development and the proposed character of the district where it is to be located.

(5)

That adequate landscaping and screening is provided as required in the land development regulations, or otherwise required.

(6)

That adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.

(7)

That the use conforms with all applicable regulations governing the district where located, except as may otherwise be allowable for planned unit developments.

(8)

If a variance is also desired, and/or required, a separate application shall be submitted concurrently with the special exception application.

(9)

Special exception use will not grant to the land more privilege than the best use available in a zone where that special exception use would be a principal permitted use.

(10)

No application for special exception use shall be considered by the special magistrate until the applicant has paid in full any outstanding charges, fees, interest, fines or penalties owed to the city by the applicant or the owner or possessor of the property under any section of the Code.

(Code 1983, ch. 20, art. VII; Ord. No. 1021, § 1, 6-8-04; Ord. No. 1033, § 1, 1-25-05; Ord. No. 1050, § 10, 8-9-05; Ord. No. 1071, § 5, 2-28-06; Ord. No. 1072, § 5, 3-28-06; Ord. No. 2019-14, § 1, 2-11-20)

An aggrieved party, including the local governing authority, may appeal a final administrative order of the special magistrate/board of adjustment to the circuit court. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the special magistrate/board of adjustment. An appeal shall be filed within 30 days of the execution of the order to be appealed.

(Ord. No. 2019-14, § 1, 2-11-20)