Certain land uses, due to their unique functional characteristics and the potentiality for their incompatibility with adjoining land uses, require special consideration on an individual basis of their suitability for location and development within particular zoning districts. These uses have been designated as special exception uses within appropriate zoning district classifications set forth in sections 158.060 through 158.183. It is the intent of this chapter that these uses may be permitted within the zoning district classifications only after affirmative findings that they can be developed at particular locations in a compatible manner.

(Ord. No. 98-84, § 1, 3-22-99)

(A)

Application Limitations.

(1)

No application for special exception shall be accepted for filing if all or any portion of the land which is the subject of the application was part of a previous application meeting any of the following conditions:

a.

An application denied by the City Council for the same special exception within the previous 12-month period;

b.

An application allowed to be withdrawn by the City Council within the previous 12-month period and relating to the same special exception.

(2)

The time limits set forth above may be waived by the Planning and Zoning Board when the action is deemed necessary to prevent injustice or to facilitate the proper development of the City.

(B)

Application Requirements. Application for a special exception use shall be filed with the Zoning Administrator and shall include all necessary information and drawings as may be required to clearly describe the nature and extent of the special exception sought. The applicant shall be required to pay a fee as may be established to defray processing costs relating to the review and hearing of the application. An application shall be accepted only for a special exception use which is permissible within the zoning district classification applying to the subject property.

(Ord. No. 98-84, § 1, 3-22-99)

The Planning and Zoning Board shall review the application to determine the suitability for development of the proposed use at the subject location and shall hold a public hearing upon the merits of the application. Following the hearing, the Planning and Zoning Board shall submit its recommendation upon the application to the City Council, and the recommendation shall be entered into official record of the application and shall be considered by the City Council prior to the taking of official action upon the application. Prior to its action upon the application, the City Council shall hold a public hearing thereon.

(Ord. No. 98-84, § 1, 3-22-99)

(A)

The notice of hearings shall be published at least seven (7) days prior to the dates set for hearings by the Planning and Zoning Board and the City Council. The notice shall be published in a newspaper of general circulation within the City. The notice shall include the date, time, place, and location of hearing, and shall include a description of the proposed special exception and the subject property involved.

(B)

In addition to required notices as heretofore set forth, other methods of notification may be utilized by the City at its option. These methods may include, but not be limited to, mail notification to owners of property within a maximum of 750 feet to property forming the subject of the public hearing, whose address is known by reference to the latest ad valorem tax record. The notice shall set a time and place for the public hearing. The notice shall be given at least ten (10) days prior to the date set for the public hearing and a copy of the notice shall be kept available for public inspection during regular business hours. Notice may be posted upon the property which is the subject of the public hearing. The Zoning Administrator is authorized to post any notice upon property that is the subject of the public hearing, and it shall be unlawful for any person to remove or tamper with that notice during the time period as may be established for the maintenance of the notice.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 15-85, § 1, 12-7-15)

Any interested persons shall have the right to submit oral or written testimony at the hearings. All testimonies and exhibits submitted at the hearing, including the application, shall be incorporated into the application file and shall be considered a part of the record on the application. Evidence which is immaterial, irrelevant, or unduly repetitious may be excluded. The hearings may be continued from time to time to dates established by public announcement at the hearings and shall be the earliest practical date for resumption of the hearings.

(Ord. No. 98-84, § 1, 3-22-99)

Special exceptions are uses that would only be allowed under certain conditions and are reviewed to be compatible with the existing neighborhood. It is expected that any such approval be implemented in a timely manner to ensure the use is established under the physical conditions of the area in place when approved. Therefore, Special Exception Uses shall expire after one (1) year on the date of approval unless the applicant has received final site plan approval, or if a site plan is not required, the appropriate permits to allow development of the use to continue as approved.

Approval of a special exception application shall be granted by the City Council only upon a finding that:

(A)

Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other emergency.

(B)

Adequate off-street parking, loading areas, and adequate stacking may be provided, without creating undue noise, glare, odor, or other detrimental effects upon adjoining properties.

(C)

Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development.

(D)

Adequate screening or buffering. Additional buffering beyond that which is required by the code may be required in order to protect and provide compatibility with adjoining properties.

(E)

Signs, if any, and proposed exterior lighting will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties. Light shields or other screening devices may be required.

(F)

Yards and open spaces will be adequate to properly serve the proposed development and to ensure compatibility with adjoining properties.

(G)

The use as proposed will be in conformance with all stated provisions and requirements of this chapter.

(H)

Establishment and operation of the proposed use upon the particular property involved will not impair the health, safety, welfare, or convenience of residents and workers in the City.

(I)

The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use the facility, or because of the hours of operation, or because of vehicular movement, noise, fume generation, or type of physical activity. The City may require certain uses such as car washes, gas stations, and other potential noise generating uses submit a noise impact analysis prepared by a qualified professional.

(J)

The use as proposed for development will be compatible with the existing or permitted uses of adjacent property. The proximity or separation and potential impact of the proposed use (including size and height of buildings, access location, light and noise) on nearby property will be considered in the submittal and analysis of the request. The City may request project design changes, changes to the proposed use to mitigate the impacts upon adjacent properties and the neighborhood. To minimize exposure to excessive noise, the City may require noise control features, limit hours of operation, and other mitigation methods.

(K)

As an alternative to reducing the scale and/or magnitude of the project as stipulated in criteria (J) above, the City may deny the request for the proposed use if the use is considered incompatible, too intensive or intrusive upon the nearby area and would result in excessive disturbance or nuisance from the use altering the character of neighborhood.

(L)

Development and operation of the proposed use will be in full compliance with any additional conditions and safeguards which the City Council may prescribe, including but not limited to reasonable time limit within which the action for which special approval is requested shall be begun or completed or both.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 02-124, § 1, 11-12-02; Ord. No. 15-85, § 1, 12-7-15)

The decision of the City Council may be to approve, approve with additional conditions and safeguards, or deny any application for special exception use. This decision shall be rendered within sixty (60) calendar days following the public hearing by the Planning and Zoning Board and shall be determined by a majority vote of a constituted quorum of the City Council. All decisions of the City Council shall be made in open session and the resolution embodying the decision approving, approving with additional conditions and safeguards, or denying any application shall not be valid unless it is incorporated into the minutes of the meeting at which the action is taken. A record of all actions of the City Council on special exception uses shall be maintained within the office of the Zoning Administrator.

(Ord. No. 98-84, § 1, 3-22-99)

No development order for construction shall be issued until and unless any proposed construction is found to be in full compliance with the approval action of the City Council, including any additional conditions and safeguards incorporated therein. No certificate of occupancy shall be issued until the Zoning Administrator and City Engineer have inspected the site for compliance with the approval action of the City Council and have determined in writing to the City Building Official that all requirements, conditions, and specifications embodied within the approval action have been met.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 15-85, § 1, 12-7-15)