Special exception uses are those uses that because of the nature of the use and/or its intensity (density, FAR, building types), would not be appropriate generally, but may by addressing their impacts have some degree of design and use compatibility with the uses within a zoning district. Special exception uses require additional development design standards or conditions to ensure compatibility with adjacent uses and the development character of the surrounding neighborhood. Conditions of approval may require more restrictive development standards than established within a zoning district or code, such as setbacks, building height and landscape buffer requirements to mitigate adverse impacts and ensure compatibility.

Special exceptions are reviewed by the developmental review board, pursuant to public hearing notice requirements of section 50-199(b), which makes a recommendation to the city council. A special exception may be permitted in any specified zoning district when authorized by the city council at a public hearing pursuant to notice requirements of section 50-199(b) and only after the applicant demonstrates compliance with the standards specified in this article and chapter, and the code.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

A completed application for a special exception must meet the following requirements:

(1)

An application form completed by the applicant along with all required supporting documents, as listed on the application form.

(2)

A fee as established by the city council.

(3)

A detailed survey or site plan, as required by the community development director, drawn to scale, no larger than 11 inches by 17 inches, showing location, setbacks and dimensions of all existing and proposed structures and other improvements such as signs and provisions for off-street parking, landscaping, stormwater.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

The standards described for special exception uses contained in this section shall supplement and be in addition to all other standards and criteria required within this chapter and the code. Prior to recommending approval of a special exception use and site plan, the developmental review board shall ensure that:

(1)

All structures and site development uses shall be adequately separated from adjacent and nearby uses by screening devices and/or open area and provide for compatibility with the existing natural environment of the site and adjacent uses and neighborhoods.

(2)

Concentration of the same or similar uses and/or structures, in surrounding the neighborhood.

(3)

Provides sufficient off-street parking and creates no vehicular parking circulation or traffic problems on residential streets.

(4)

Appropriate drives (location of entry and exit points), walks and buffers are installed.

(5)

The proposed use will be in keeping with the purpose and intent of this chapter and code and will not adversely affect properties in the vicinity of the proposed use.

(6)

The setback requirements of the district in which the use is to be located shall be complied with, unless varied by the developmental review board at the hearing.

(7)

The use shall be consistent with the city's comprehensive plan adopted pursuant to state law.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

In recommending approval of a special exception, the developmental review board may also establish and require additional safeguards to ensure proper operation of the use and provide protection to the surrounding area. Such safeguards may include but are not limited to:

(1)

A time limit for acquiring development authorization and/or development completion;

(2)

Hours of operation; and

(3)

Any other appropriate requirements to ensure mitigation of adverse impacts and compatibility as determined by the developmental review board.

The board shall have authority to grant variances at the hearing.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(1)

In granting any special exception, the developmental review board may recommend or city council may prescribe appropriate conditions and safeguards to ensure proper compliance with the general spirit, purpose and intent of the land development code. Noncompliance with such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of the land development code and subject to code enforcement action pursuant to chapter 2.

(2)

The special exception use and site plan, once approved, shall become a condition upon which the use and structures shown thereon are permitted, and any change or addition shall constitute a violation of the special exception approval unless such change is submitted to and approved by the city council.

(3)

Prior to the issuance of a zoning approval for a special exception use, a final site plan as specified in chapter 50, shall be completed and approved, when required. All site plan requirements, including any specific conditions of the conditional use, shall be adhered to; and the approval of any special exception use shall not be deemed an automatic approval of the site plan.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

An appeal of a special exception use decision by the city council is to circuit court pursuant to state law procedures.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(1)

A special exception use issued under the provisions of this article shall automatically expire and become void if no construction has begun on a new building or an existing building has not been occupied within one year from the date of granting such special exception use by the city council. In the event of an appeal to circuit court, then the expiration date will be from the date of decision by the circuit court, including any appeals.

(2)

A special exception use granted by the city council shall be deemed to automatically expire and become void if a structure or use of land that is the subject of the special exception has been discontinued or removed for a period of 180 consecutive days. A statement of this provision shall be included as a condition of any approval granted by the city council.

(3)

No new application for an identical special exception on the same parcel shall be accepted for consideration within a period of six months following a decision of denial by the city council (unless denied without prejudice).

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)