It is the purpose of this article to make provision for those uses which may be desirable for the orderly development of the city and for the public convenience or welfare which, because of their particular characteristics or area requirements, should be given individual consideration and approved subject to specific conditions related to the location and nature of the use, as determined to be necessary to ensure the health, safety and welfare of the citizens and residents of the city.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Except as provided by this article, such uses shall be limited to those specially listed as special exception uses in the district regulations and shall be subject to the conditions and limitations prescribed therein.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Application. The owner or authorized representative of the property owner shall make an application with the planning and zoning department on the forms provided by the department. The owner shall bear the burden of proof in establishing compliance with the criteria of this section for granting a special exception.

B.

Administrative review. The planning and zoning director shall examine the application to determine whether all pertinent information has been provided and, upon finding the application to be complete, shall process the application in accordance with procedures and notice requirements of section 30-10, administration.

C.

Planning and zoning board review. Following staff review, the planning and zoning director shall schedule the special exception application for planning and zoning board consideration. At the time of the hearing on the application, the board shall allow both proponents and opponents of the application to be heard. After receiving all relevant materials and information, the planning and zoning board, shall, by vote of a simple majority of members present and voting, either recommend approval or disapproval of the application to the city commission in accordance with the criteria for granting special exception permits in this section. The planning and zoning board may, in its discretion, recommend approval subject to certain conditions or restrictions. The recommendations of the planning and zoning board shall be transmitted to the city commission.

D.

City commission review. The city commission, after hearing all persons desiring to be heard with respect to the application and considering the criteria for granting of special exception permits in this section, shall, by simple majority vote of those present and voting, determine whether to grant or deny the application, or whether to grant the application subject to certain conditions, restrictions, limitations or requirements that the city commission determines necessary or appropriate to ensure that the special exception use will operate in a manner that is compatible with adjacent existing and planned uses. The city commission approval, approval with conditions or denial shall be by resolution.

E.

Permit. Upon the granting of a special exception use by action of the city commission, the planning and zoning director shall prepare [and] issue a special exception use permit that details the use permitted with any special conditions, restrictions, limitations or requirements established by the city commission. In addition to conditions stipulated by the city commission and any use-specific provisions set forth in this chapter, special exception uses shall comply with all requirements of this chapter that apply generally to permitted uses in the applicable zoning district.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Any use classified as a special exception use must undergo additional review for the satisfaction of standards over and above the standards set forth for permitted uses. Therefore, any proposed special exception use shall demonstrate compliance with the provisions of the land development code and the comprehensive plan. In addition to those criteria, the standards to be applied by the planning and zoning board and the city commission in considering the applications for a special exception use are as follows:

A.

The compatibility of such use with the existing and permitted use of surrounding properties. An otherwise lawful activity may, because of its location, interfere with the property rights of adjacent landowners by creating an unreasonable disruption to the area by way of increased noise, storage and use of dangerous materials, undesired increase or intensity of development or traffic or other impacts. It is the intent of this article that each application for approval of a special exception use be evaluated in light of the unique characteristics of the neighborhood or area in which it is to be located and the positive and negative effects that it may have on the neighborhood or area, and the community in general.

B.

Access, traffic generation, road and intersection capacities. Consideration will be given to the design capacity of the roadways and intersections, the particular traffic generation characteristics of the proposed special exception use, including the type of vehicular traffic associated with such use, and traffic generation characteristics of other uses permitted in adjacent zoning districts.

C.

Availability of and impacts upon the capacity of utilities, community facilities, infrastructure and public services such as police and fire protection, and water and sewer service.

D.

Compliance with the land development code and conformity to, and compliance with, the stated goals, objectives, policies and land uses established by the city comprehensive plan.

E.

Whether the proposed use would adversely influence living conditions of the residential neighborhoods affected by the use or impacts directly associated with the use.

F.

Whether the proposed use would adversely affect property values in the adjacent area.

G.

Whether the proposed use would be a deterrent to the improvement or development of adjacent property in accordance with existing regulations.

H.

Any additional factors or considerations which may be reasonably calculated to materially affect public health, safety and welfare. The above factors are to be considered supplemental to and separate from any other development review factors provided for in the land development code and the satisfaction of those requirements shall not be dispositive of whether these supplemental requirements have been met.

I.

Where the special exception is for a school facility, special consideration shall be given to the following:

(1)

Whether there are sufficient student drop off areas for motorists that are physically separate from the parking area (supported by a traffic analysis to demonstrate that the size and location of the drop off area are adequate for the facility: and

(2)

Whether the site plan provides adequate fencing or other security measures to assure the safety of students from drive aisle and parking areas: and

(3)

Whether the site plan provides adequate additional dedicated parking spaces for buses and provides adequate space and drive isles for use by buses.

The applicant shall have the burden of proof as to the standards set forth above.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2017-01, § 2, 4-5-2017)

An application for a special exception use permit shall contain the following:

A.

An impact analysis report in accordance with the requirements of section 35-20, impact analysis report, unless previously provided.

B.

A site plan which meets all requirements of section 40-10, site plan requirements.

C.

Any other information as required on the city application form.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Expiration. All special exception approvals shall expire unless:

1.

The applicant submits all development permit applications and construction drawings (if applicable) that are necessary to establish the special exception use within twelve (12) months of city commission approval; and

2.

The applicant obtains all necessary building and development permits (including payment of all fees) within eighteen (18) months of city commission approval; and

3.

All building permits remain valid until the project is complete.

B.

Burden on property owner. It shall be the responsibility of the property owner to ensure that a special exception approval does not expire.

C.

Extensions. The city commission may grant no more than one (1) extension of the time period of special exception approval of up to six (6) months if the applicant submits the extension request within twelve (12) months of the date of city commission approval and the applicant can demonstrate good cause for the delay. Good cause may include, but shall not be limited to, delay caused by governmental action or inaction or other factors beyond the control of the applicant.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Satisfaction of conditions. The use for which a special exception has been granted by the city shall not be commenced until all of the improvements stipulated in the grant of special exception necessary for the orderly use of the property have been accomplished.

B.

Effect of approval. Approval of a special exception use shall run with the property once established (i.e., not expired or revoked) unless otherwise stipulated as a condition of approval. When a special exception application is for a specified location within a parcel; for example, a bay within a shopping center, the approval shall apply only to the specified location, and not the entire parcel. Any change to the location of the special exception use requires a modification pursuant to subsection D., unless the planning and zoning director determines that the change in location would not result in greater or new impacts to surrounding properties, and thereby qualifies for the city commission call-up procedure pursuant to subsection 30-10.J.2, action by city commission for call-up items. Any such change in the location of a special exception use shall remain subject to the conditions of approval applied to the previously approved location.

C.

Re-application. Upon denial of an application for special exception, there shall be a two-year waiting period before any applicant may submit an application for the same or substantially similar application and for the same property as that which was initially denied.

D.

Modification of permit. If the applicant wishes to amend a special exception use approval, the proposed amendment shall be processed and reviewed in accordance with the procedures set forth in this article for new special exception uses.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)