§ 78-75. Requirements and procedures for special exception uses.

(a)

Purpose. The purpose of a special exception is to allow uses not permitted by right but which may provide for an individual or community-serving need and which, subject to conditions as set forth in section 78-36, would not impact the integrity of the zoning district. The technical review committee and the planning and zoning board shall review plans for compliance with the land development regulations and development standards of this chapter. The recommendations of the planning and zoning board shall be transmitted to the city council for its consideration.

(b)

Review procedure for developments.

(1)

Application. Applications for special exception uses shall require the submission of a site plan in accordance with the provisions of this chapter. No certificate(s) of occupancy shall be issued for any use unless said use has been approved.

(2)

Submission procedure. An application for a special exception use shall be made to the zoning department prior to an application for a building permit and will only be accepted if all other ordinances and provisions of the city where a public hearing is required have been complied with. Except as may otherwise be required by law or administrative procedures, all required county, regional, state, or federal agency approvals shall be obtained prior to the submission of an application for a special exception use.

Upon receipt of seven copies of the application the zoning department shall have ten working days to determine its appropriateness and completeness and accept or reject the application.

Within 30 days after acceptance the technical review committee shall review and comment on the application and recommend to the planning and zoning board approval as submitted; recommend with changes or special conditions; or disapproval. After review by the planning and zoning board, the written recommendations of the board shall be transmitted to the council and a public hearing, pursuant to Article II, shall be conducted before the council, who shall deny, approve, or approve the special exception use subject to certain conditions.

(c)

Findings. The city council in granting or denial of site plan approval by written ordinance shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without changes or special conditions, or for the disapproval.

Violation of the conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter.

The city council may prescribe a reasonable time limit within which the action for which the special exception is required shall be begun, or completed, or both.

(d)

Submission requirements. Any application for special exception use shall include the following information, if applicable:

(1)

The location and size of the site, including its legal description and a current certified survey.

(2)

The recorded ownership interests including liens and encumbrances and the nature of the developer's interest if the developer is not the owner.

(3)

The relationship of the site to existing development in the area including streets, utilities, residential and commercial development, and physical features of the land including pertinent ecological structures.

(4)

The density or intensity of land use to be allocated, all parts of the site to be developed, together with tabulations by acreage and percentage thereof.

(5)

The location, size, and character of any open space, common or otherwise.

(6)

The use and the number of stories and height, bulk, and location of all buildings and other structures.

(7)

The requirements as set forth in this chapter and other chapters, including the necessary documentation for providing required improvements such as streets, water supply, storm drainage, parking, landscaping, and sewage collection as well as the provisions for all other appropriate public and private services such as police or security protection, fire protection, and refuse collection.

(8)

The substance of covenants, grants of easements, or other restrictions proposed to be imposed upon the use of the land, buildings, and structures including proposed easements or grants for public utilities.

(10)

Any additional data, plans, or specifications which the applicant believes is pertinent and will assist in clarifying his application.

(11)

A demonstration that the proposed special exception use does not degrade adopted levels of service in the city (see Chapter 66).

(Ord. of 9-25-06)