The special use district is designed to accommodate business, utility, or service uses which will provide a community benefit or a needed service to city residents and businesses, when such a proposed use is not a permitted use in any other district created in sections 78-1 through 78-11; chapter 86; chapter 94; chapter 98; chapter 106; chapter 110; chapter 118; chapter 122; and articles II through XV of this chapter; or when such a proposed use is only permitted as a conditional use and no site is reasonably available which satisfies the requirements for approval as a conditional use. The special use district may also be used to allow a use which is a permitted use in another district, but only if the community benefit is substantial and only if reasonable efforts to establish or maintain such use where permitted have proven to be unsuccessful. In no event shall zoning to the special use district be a matter of right. The city council may approve such zoning, in its legislative discretion, when the zoning will not contravene the goals and policies of the Sanibel Plan, will not be detrimental to the public health or safety, will not adversely affect any property or the peaceful and beneficial use and enjoyment thereof, and will not be inharmonious with the natural ambiance and quiet residential character and appearance of the city as a whole.

(Ord. No. 85-26, § 1(I.D.5(a)), 11-27-1985)

A parcel of land may be zoned to the special use district, upon an application for change of zoning district boundaries, by ordinance amending the zoning map of the city so as to reflect the delineation of the district thereby created, with reference made on the map to the amendatory ordinance. Such ordinance shall specify the uses permitted on the parcel zoned, and any use not specified in such ordinance shall be prohibited. The rezoning ordinance shall also specify such additional conditions and limitations as are necessary to:

(1)

Coordinate development of the parcel, to the greatest extent possible with the zoning, use, and development of adjacent parcels;

(2)

Promote the best possible vehicular and pedestrian access and circulation, both internal and external to the site;

(3)

Minimize the need for, or compensate the city for, off-tract transportation improvements or other public facilities necessitated by the proposed development;

(4)

Minimize or mitigate adverse environmental impacts;

(5)

Prevent adverse effects from the proposed development on adjacent or nearby residents, lands, or business;

(6)

Ensure that the proposed development is harmonious and compatible with nearby lands and uses and with the ambiance, character, and appearance of the city as a whole; and

(7)

Otherwise prevent adverse effects on the public health, welfare, or safety.

(Ord. No. 85-26, § 1(I.D.5(b)), 11-27-1985)

The ordinance rezoning any parcel to special use district shall specify the uses permitted on the parcel. The ordinance may establish specific development regulations or provide that the permitted uses on the parcel shall conform to and comply with all regulations, conditions, and limitations of this Land Development Code as apply to uses permitted in a particular commercial district, to the extent not inconsistent with the specific terms of the rezoning ordinance. When no such district is specified, the regulations, conditions, and limitations for uses in the GC general commercial district shall apply, to the extent not inconsistent with the rezoning ordinance. Any use not specifically permitted in the rezoning ordinance shall be prohibited.

(Ord. No. 85-26, § 1(I.D.5(c)), 11-27-1985)

An ordinance rezoning any land to special use district shall be automatically repeated and revoked, and of no further force and effect, if a development permit for the approved use is not issued within one year from the effective date of the ordinance or if the development permit for the approved use expires, unless the effective period of such rezoning is extended by the city council by resolution prior to the expiration of the one-year period or of the development permit.

(Ord. No. 85-26, § 1(I.D.5(d)), 11-27-1985)