[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.
