[R.O. 1998 § 400.740; CC 1988 App. A §12.0; Ord. No. 1424 §1, 9-5-1989]
The Board of Aldermen, by special permit after report by the Planning and Zoning Commission and public hearing, and subject to such protective restrictions as it deems necessary, may authorize the location, extension, or structural alteration of any one of the buildings or uses listed in each district as a special use.
[R.O. 1998 § 400.750; CC 1988 App. A §12.1; Ord. No. 1424 §1, 9-5-1989; Ord. No. 2393 §2, 10-4-2005]
Before any action shall be taken as provided in this Section, the party proposing or recommending a change in the district regulations or district boundaries, a resubdivision or a special use permit shall deposit with the City, to cover the approximate cost of the procedure, a fee in the following amount for each rezoning or resubdivision, special use permit or modification sought, based upon the acreage of the subject property.
Acreage
Fee
1.0 or less
$250.00
(minimum)
1.1 to 2
$300.00
2.1 to 3
$350.00
3.1 to 4
$400.00
4.1 to 6
$450.00
6.1 to 8
$500.00
8.1 to 10
$550.00
10.1 to 20
$600.00
20.1 to 30
$650.00
30.1 to 40
$700.00
40.1 to 50
$750.00
50.1 to 60
$800.00
60.1 to 70
$850.00
70.1 to 80
$900.00
80.1 to 90
$950.00
100 plus
$1,000.00
[R.O. 1998 § 400.760; CC 1988 App. A §12.2; Ord. No. 1424 §1, 9-5-1989]
The Commission shall review the application based on the conditions set forth in Section 400.780, approve or disapprove the application and submit a report of its recommendations to the Board of Aldermen.
[R.O. 1998 § 400.770; CC 1988 App. A §12.3; Ord. No. 1424 §1, 9-5-1989]
The Board of Aldermen shall hold a public hearing on such application and give at least fifteen (15) days' notice of the time and place thereof by publication in a newspaper of general circulation in the City. No action shall be taken upon any applications for a proposed building or use referred to above until and unless the report of the Planning and Zoning Commission has been filed; provided, however, that if no report is received from the Commission within sixty (60) days of its initial consideration, the Board of Aldermen may proceed with its action upon the application. The Board of Aldermen shall vote on the special use permit following the public hearing.
[R.O. 1998 § 400.780; CC 1988 App. A §12.4; Ord. No. 1424 §1, 9-5-1989]
A. 
In considering whether or not such application for a special use permit should be granted, it shall be the duty of the Planning and Zoning Commission and the Board of Aldermen to give consideration to the effect of the requested use on the health, safety, morals and general welfare of the residents of the area in the vicinity of the property in question and the residents of the City generally. In considering the special use, the Commission and the Board of Aldermen should consider the following:
1. 
The compatibility with surrounding uses and compatibility with the surrounding area.
2. 
The comparative size, floor area and mass of the proposed structure in relationship to adjacent structures and buildings in the surrounding properties.
3. 
The frequency and duration of various indoor and outdoor activities and special events and the impact of these activities on the surrounding area.
4. 
The number of transit movements generated by the proposed use and relationship to the amount of traffic on abutting streets, not in terms of the street's capacity to absorb the additional traffic, but rather in terms of any significant increase in hourly or daily traffic levels. The capacity of adjacent streets to handle increased traffic in terms of traffic volume.
5. 
The added noise level created by activities associated with the proposed use and the impact of the ambient noise level of the surrounding area.
6. 
The requirements for public services where the demands of the proposed use are in excess of the individual demand of adjacent land uses in terms of Police and fire protection, the presence of any potential or real fire hazards created by the proposed use.
7. 
Whether the general appearance of the area will be adversely affected by the location of the proposed use on the parcel, whether the materials used in the construction of the proposed buildings of the special use be greatly dissimilar, or whether the general architecture of the building stands out or creates a visual problem within the area.
8. 
The impact of night lighting in terms of intensity and duration and frequency of use as it impacts adjacent properties and in terms of presence in the area.
9. 
The impact of the landscaping of the proposed use in terms of maintained landscaped areas versus areas to remain in a natural state, openness of landscape versus the use of buffers and screens.
10. 
The impact of a significant amount of hard-surfaced areas for buildings, sidewalks, drives, parking areas and service areas in terms of noise transfer, water runoff and heat generation.
11. 
The hours of operation and impact of same on adjacent properties.
[R.O. 1998 § 400.790; CC 1988 App. A §12.5; Ord. No. 1424 §1, 9-5-1989; Ord. No. 2393 §3, 10-4-2005]
A. 
A special use permit shall lapse if all necessary permits and licenses to accomplish work are not obtained within ninety (90) days. In all cases, a special use permit shall expire and no longer be valid if the authorized use ceases or otherwise goes out of business after a period of one (1) year from the date of closing unless said special use permit is conveyed to a similar use prior to the ascribed expiration.
B. 
The Board of Aldermen, after notice to permittee and a public hearing, may revoke a special use permit for failure of compliance with the regulations and restrictions of this Chapter or the requirements of the special use permit.