The development and administration of this chapter is based upon the division of the city into zoning districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular locations. Such uses on review fall into the following categories:

(1)

Uses publicly operated or traditionally affected with a public interest.

(2)

Uses entirely private in character but of such unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. Conversion of rental property to condominiums is considered to be in this category.

(Code 1976, § 29-112.01)

Any landowner may file an application to use such land for one or more of the uses on review provided for in this chapter in the zoning district in which the land is located.

(Code 1976, § 29-112.02)

An application for a use on review shall be filed with the zoning officer on a form as he shall prescribe. The application shall be accompanied by such plans and data prescribed by the board of appeals and shall include a statement in writing by the applicant and adequate evidence showing that the proposed use will, on review, conform to the standards set forth in section 102-671. Such application shall be forwarded to the board of appeals with a request for a public hearing and report relative thereto.

(Code 1976, § 29-112.03)

Upon receipt in proper form of the application and statement referred to in section 102-668, the board of appeals shall hold at least one public hearing on the proposed use on review. Notice of the time and place of such hearing shall be published not less than 15 or more than 30 days preceding the hearing and at least once in a newspaper of general circulation in the city. Supplemental or additional notices may be published or distributed as the board of appeals may, by rule, prescribe.

(Code 1976, § 29-112.04)

For each application for a use on review, the zoning officer shall prepare and file with the board of appeals findings and recommendations, including the recommended stipulations of additional conditions and guarantees that are deemed necessary for the protection of the public interest.

(Code 1976, § 29-112.05)

No use on review shall be granted by the board of appeals unless such board shall find that:

(1)

The establishment, maintenance, or operation of the use on review will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;

(2)

The use on review will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

(3)

The establishment of the use on review will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

(4)

Adequate utilities, access roads, drainage and necessary facilities have been or are being provided;

(5)

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and

(6)

The use on review shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the board of appeals.

(Code 1976, § 29-112.06)

Prior to the granting of any use on review, the board of appeals shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the use on review as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in section 102-671. In all cases in which uses on review are granted, the board of appeals shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

(Code 1976, § 29-112.07)

No application for a use on review that has been denied in whole or in part by the board of appeals shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the board of appeals.

(Code 1976, § 29-112.08)

When a use on review has not been established within one year after the date of granting thereof, without further action by the board of appeals the use on review or authorization shall be null and void.

(Code 1976, § 29-112.09)