Allowable special exception uses may be permitted, enlarged, or altered, upon application for a special exception use permit in accordance with the rules and procedures of the Board of Adjustment. The Board of Adjustment will grant or deny a special exception use permit in accordance with the standards set forth herein and with the intent and purpose of this chapter. In granting a special exception use permit, the Board of Adjustment will authorize the issuance of a special exception use permit and may prescribe and impose appropriate conditions, safeguards, and a specified time limit for the performance of the special exception use permit.

1.   Application For Special Exception Permit. A request for a special exception use permit for a special exception use or modification of a special exception use may be initiated by a property owner or his or her authorized agent by filing an application with the Zoning Administrative Officer upon forms prescribed for the purpose. The application shall be accompanied by a site plan and other such plans and data showing dimensions, arrangements, descriptive data, and other materials constituting a record essential to an understanding of the proposed use and proposed modification in relation to the standards set forth herein. The application shall also be accompanied by a fee as determined by resolution of the City Council.

2.   Application and Fee. Application for a Special Exception Use Permit shall be filed with the Zoning Administrative Officer. The Board of Adjustment shall provide a copy of the application for special exception for review and comment of the Planning and Zoning Commission within five days after receipt of the application. The application shall include the following:

   A.   Name and address of the owner and applicant.

   B.   Address and legal description of the property.

   C.   If the applicant is not the legal owner of the property, a statement that the applicant is the authorized agent of the owner of the property.

   D.   The property address and the name and mailing address of the owner of each lot within 200 feet of the subject property and a map with parcels keyed to the ownership and address data certified by an licensed abstractor, land surveyor or attorney.

   E.   A statement describing the nature and operating characteristics of the proposed use, including any data pertinent to the findings required for approval of the application.

   F.   Site plans, preliminary building elevations, preliminary improvement plans, and such additional maps and drawings, all dimensions sufficiently shown, as required to illustrate the following:

      (1)   The date, scale, north point, title, name of owner, and name of person preparing the site plan.

      (2)   The location and dimensions of boundary lines, easements, and required yards and setbacks.

      (3)   The location, height, bulk, general appearance, and intended use of existing and proposed buildings on the site, and approximate location of existing buildings on abutting sites within 50 feet.

      (4)   The location of existing and proposed site improvements including parking and loading areas, pedestrian and vehicular access, landscaped areas, utility or service areas, fencing and screening, signs, and lighting.

      (5)   The location of watercourses and drainage features.

      (6)   The number of existing and proposed off-street parking and loading spaces, and a calculation of applicable minimum requirements.

      (7)   The relationship of the site and proposed use to surrounding uses, including pedestrian and vehicular circulation, current use of nearby parcels, and any proposed off-site improvements to be made.

   G.   Any applicable fee established by the City Council.

3.   Procedures. A special exception shall not be granted by the Board of Adjustment unless and until the following procedures have been fulfilled:

   A.   The Board of Adjustment shall provide a copy of the application for special exception for review and comment to the Planning and Zoning Commission.

   B.   The Planning and Zoning Commission shall provide the Board of Adjustment with their recommendations within 15 days after receipt of the application.

   C.   After receipt of the Planning and Zoning Commission’s recommendations, the Board of Adjustment shall schedule a public hearing in relation to the special exception request. Notice shall be given of the public hearing as required by State Statute by publication in a newspaper of general circulation in the City. Notice shall be given to a complete list of persons provided by the applicant who are all of the owners of property within 200 feet of the property in question.

   D.   The Board of Adjustment shall determine that it is empowered under this chapter to grant the special exception as described in the application, and that the granting of the special exception will not adversely affect the public interest pursuant to testimony presented at the public hearing and the review by the Planning and Zoning Commission.

   E.   In granting any special exception, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter and punishable under Section 165.31 of this chapter.

   F.   The concurring vote of three members of the Board of Adjustment grants a special exception use permit. No order of the Board of Adjustment granting a special exception use permit shall be valid for a period longer than six months from the date of such order, unless the Board of Adjustment specifically grants a longer period of time or a building permit is obtained within the six month period and construction is commenced.

4.   Standards. No special exception permit shall be granted by the Board of Adjustment unless such Board shall find:

   A.   That the establishment, maintenance, or operation of the special exception use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare of the community.

   B.   That the special exception use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood.

   C.   That the establishment of the special exception use will not impede the normal and orderly development in improvement of the surrounding property for uses permitted in the district.

   D.   That adequate utilities, access roads, drainage, parking, and/or necessary facilities have been or will be provided.

   E.   That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

   F.   The use shall not include any activity involving the use or storage of flammable, or explosive material unless protected by adequate firefighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material.

   G.   The use shall not include noise which is objectionable due to volume, frequency, or beat unless muffled or otherwise controlled.

   H.   The use shall not include vibration which is discernable without instruments on any adjoining lot or property.

   I.   The use shall not involve any malodorous gas or matter which is discernable on any adjoining property.

   J.   The use shall not involve any pollution of the air by fly-ash, dust vapors, or other substance which is harmful to health, animals, vegetation or other property or which causes soiling, discomfort or irritation.

   K.   The use shall not involve any direct or reflected glare which is visible from any adjoining property or from any public street, road, or highway.

   L.   The use shall not involve any activity substantially increasing the movement of traffic on public streets unless procedures are instituted to limit traffic hazards and congestion.

   M.   The use shall not involve any activity substantially increasing the burden on any public utilities or facilities unless provisions are made for any necessary adjustments.

   N.   That the use will not be in conflict with the Comprehensive City Plan.

   O.   The use shall not interfere with the use or enjoyment of neighboring permitted uses. If such interference is found provisions must be made for increased setbacks (up to 500 feet) from property lines or screening of incompatible use by the use of fences or hedges.

   P.   The ground coverage shall be such that no additional dust or storm run-off is generated by the special exception use.

   Q.   The use shall not create a hazard to vehicular traffic. If any such hazard is determined, provisions must be made to increase the required setback in regard to open air storage.

   R.   The use shall not cause any permanent, irreparable environmental damage to the parcel or neighboring lands.

   S.   The special exception use permit may be reviewed after a specified period of time for compliance and for possible additional conditions.

   T.   Residential listed as special exceptions in commercial districts may be required to provide the setbacks required in the R-2 district for the safety and comfort of residents and for the provision of open space and off-street parking.

5.   Supplemental Standards. In addition to the general standards outlined in Subsection 4 above, specified uses shall adhere to standards as follows:

   A.   Salvage Yards: All salvage yards, including any area where waste, junk, discarded or wrecked and salvaged materials are bought, sold, stored, exchanged, baled or packed, disassembled or handled, including dismantling or “wrecking” of automobiles or machinery or other vehicles, shall be located in the Light Industrial district under special exception use.

      (1)   The application for a special use permit shall be accompanied with a proposed intent or covenant to meet the minimum requirements described herein:

      (2)   The yards shall be at least 500 feet distant in all directions from any residential building;

      (3)   The out-of-doors yards shall be screened by a solid wall or uniformly painted solid fence not less than eight feet in height, or in lieu thereof, a landscape buffer strip 50 feet wide with deciduous and evergreen trees and large shrubs to provide a landscape screen at least 10 feet high, may be planted;

      (4)   An off-street parking or service area in connection with the yards may be located outside of the screened-in area.

   B.   Open-Air Sales Display and Storage: All open-air sales display and storage, including used auto sales and storage, new auto sales and storage, new and used farm implement and equipment sales and storage, new and used truck, machinery, or equipment sales and storage, shall require a special use permit. The application shall be accompanied with drawings and other documents describing the intent, layout, and construction or installation in accordance with the following minimum requirements:

      (1)   The sides and rear lot lines, when abutting properties used for residential dwellings, may be required to be screened with a wall or fence with its surface at least 50 percent solid and at least seven feet in height. The fence shall not be required to extend beyond the front yard setback line;

      (2)   All lighting and lighted facilities shall be designed and arranged so that they do not focus or glare directly on adjacent residential properties, or public streets, thereby creating a traffic hazard.

      (3)   No lighted flashing signs, or revolving beacon lights shall be permitted closer than 75 feet to the street property line or residential properties and less than 15 feet above ground or more than 35 feet above the ground;

      (4)   The open-air area shall be maintained to be reasonably free of weeds, debris, trash and other objectionable materials.

   C.   Planned Unit Development:

      (1)   Purpose. The purpose of Planned Unit Development (PUD) regulations is to encourage flexibility in the design and development of land in order to promote its most appropriate use; to facilitate the adequate and economical provisions of streets, utilities and public spaces; and to preserve the natural and scenic qualities of open areas.

         a.   The procedure is intended to permit diversification in the location of structure and improve circulation facilities and other site qualities while ensuring adequate standards relating to public health, safety and welfare and convenience both in the use and occupancy of buildings and facilities in planned groups. A planned unit development to be eligible under this chapter must be:

         b.   In accordance with the Comprehensive Plan of the City and with the regulations of this chapter:

         c.   An effective and unified means of treating possible development providing for preservation of scenic features and amenities of the site and the surrounding area;

         d.   So designed in its space allocation, orientation, landscaping, circulation system, materials and other features as to produce an environment of stable and desirable character, complementing the design and values of the neighborhood.

      (2)   Tract and Land Use.

         a.   Minimum Area. A planned unit development shall include no less than five acres of contiguous land;

         b.   Open Space. A minimum of 25 percent of planned unit site area shall be developed as public open space. Parking areas and vehicle access facilities shall not be considered in calculating open space;

         c.   Land Use. At least 90 percent of the PUD site exclusive of open space shall be devoted to those uses permitted in the zone district in which the PUD is located. In Agriculture or R-1 Districts, at least 50 percent of the dwelling units shall be one family detached units. Proposed land uses shall not adversely affect surrounding development, and shall be in accordance with the objectives and policies of the General Plan;

         d.   Unity of Control. In order that the purpose of these regulations may be realized, the land and buildings and appurtenant facilities shall be in single ownership, or under management or supervision of a central authority, or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions herein.

      (3)   Application Procedures. Planned Unit Development shall be subject to the approval of the Board of Adjustment based upon review and recommendations by the Planning and Zoning Commission. The applicant shall file a General Development Plan which shall include the following information:

         a.   A statement describing the general character of the intended development.

         b.   An accurate map of the project area including its relationship to surrounding properties and existing topography and key features.

         c.   A plan of the proposed project showing at least the following information in sufficient detail to make possible the evaluation of the criteria for approval, as follows:

         d.   The pattern of proposed land use including shape, size and arrangement of proposed use areas, density and environmental character.

         e.   The pattern of public and private streets.

         f.   The location, size and character of recreational and open space areas reserved or dedicated for public uses such as schools, parks, greenways, etc.

         g.   A utility feasibility study.

         h.   Appropriate statistical data on the size of the development, ratio of various land uses, percentage of multi-family units by number of bedrooms, economic analysis of the development, expected staging, and any other plans or data pertinent to evaluation by the City.

         i.   General outline of intended organizational structure related to property owners association, deed restrictions and private provision of common services.

      (4)   Specific Implementation Plan. A specific and detailed plan for implementation of all or part of a proposed PUD after approval of the General Development Plan must be submitted within a reasonable period of time as determined by the Zoning Board of Adjustment. The specific implementation plan shall be submitted for review by the Planning and Zoning Commission and approval or disapproval by the Zoning Board of Adjustment and shall include the following detailed construction and engineering plans and related detailed documents and schedules:

         a.   An accurate map of the area covered by the plan including the relationship to the total general development plan.

         b.   The pattern of public and private roads, driveways, walkways and parking facilities.

         c.   Detailed lot layout and subdivision plat where required.

         d.   The arrangement of building groups, and their architectural character.

         e.   Sanitary sewer and water mains.

         f.   Grading plan and storm drainage system.

         g.   The location and treatment of open space areas and recreational or other special amenities.

         h.   The location and description of any areas to be dedicated to the public.

         i.   General landscape treatment.

         j.   Proof of financing capability.

         k.   Analysis of economic impact upon the community.

         l.   A development schedule indicating: (i) the approximate date when construction of the project can be expected to begin; (ii) the stages in which the project will be built and the approximate date when construction of each stage can be expected to begin; (iii) the anticipated rate of development; (iv) the approximate date when the development of each of the stages will be completed; and (v) the area and location of common open space that will be provided at each stage.

         m.   Agreements, bylaws, provisions, or covenants which govern the organizational structure, use, maintenance, and continued protection of the PUD and any of its common services, common open space that will be provided at each stage.

         n.   Any other plans, documents, or schedules requested by the City.

      (5)   Criteria Approval: As a basis for determining the acceptability of a PUD application, the following criteria shall be applied to the precise development plan for such district with specific consideration as to whether or not it is consistent with the spirit and intent of this chapter, has been prepared with competent professional advice and guidance, and produces significant benefits in terms of environmental design.

         a.   Character and Intensity of Land Use. In a PUD, the uses proposed, and their intensity and arrangement on the site, shall be of visual and operational character which:

            (i)   Is compatible to the physical nature of the site with particular concern for preservation of natural features, tree growth, and open space.

            (ii)   Would produce an attractive environment of sustained aesthetic and ecological desirability, economic stability and functional practicality compatible with the general development plans for the area as established by the community.

            (iii)   Would not adversely affect the anticipated provision for school or other municipal services.

Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.

         b.   Economic Feasibility and Impact. The proponents of a PUD application shall provide evidence satisfactory to the Zoning Board of Adjustment of its economic feasibility, of available adequate financing, and that it would not adversely affect the economic prosperity of the City or the values of surrounding properties.

         c.   Engineering Design Standards. The width of street rights-of-way, width and location of street or other paving, location of sewer and water lines, provision for storm water drainage or other similar environmental engineering consideration shall be based upon determination as to the appropriate standards necessary to implement the specific function in the specific situation; provided, however, that in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the City.

         d.   Preservation and Maintenance of Open Space. In a PUD, adequate provision shall be made for the permanent preservation and maintenance of common open space either by private reservation or dedication to the public.

         e.   In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the City as part of the conditions for project approval an open space easement over such open areas restricting the area against any future building or use except as is consistent with that of providing landscaped open space for the aesthetic and recreational benefit of the development. Buildings or uses for noncommercial, recreational or cultural purposes compatible with the open space objective may be permitted only where specifically authorized as part of the development plan or subsequently, with the expressed approval of the Zoning Board of Adjustment following approval of building, site and operational plans by the Planning Commission. All easements subject to acceptance by the City Council. The care and maintenance of such open space reservation shall be assured by establishment of appropriate management organization for the project. The manner of assuring maintenance and assessing such cost to individual properties shall be included in any contractual agreement with the City and shall be included in the title to each property.

         f.   Ownership and tax liability of private open space reservation shall be established in a manner acceptable to the City and made a part of the conditions of the plan approval.

      (6)   Approval of the Specific Implementation Plan

         a.   Following a review of the specific implementation Plan, the Planning and Zoning Commission shall recommend to the Zoning Board of Adjustment that they be approved with modifications, or disapproved.

         b.   Upon receipt of the Planning and Zoning Commission recommendation, the Zoning Board of Adjustment may approve the plan and authorize the development to proceed accordingly, or disapprove the plan.

         c.   In the event of approval of the Specific Implementation Plan, the building, site and operational plans for the development, as approved, as well as all other commitments and contractual agreements with the City offered or required with regard to project value, character and other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the official submittal plans, shall be recorded by the developer within 90 days in the County Recorder’s Office. This shall include posting a performance bond or certified check with City guaranteeing that required improvements will be constructed according to the approved implementation schedule. This shall be accomplished prior to the issuance of any building permit.

         d.   Any subsequent change or addition to the plans or use shall first be submitted for approval to the Zoning Board of Adjustment and Planning Commission and if such change or addition constitutes a substantial alteration of the original plan, the procedures in above shall be required.

         e.   If construction of the PUD does not commence and continue in reasonable accordance with the development schedule, then the PUD shall be voided.