Division 3. Special Exception Use Regulations  

§ 23-431. Special exception uses.
Latest version.

a. Land uses which have the potential of disturbing other land uses in the zoning district require a special exception permit and discretionary review to ensure that they will be compatible with the surrounding uses in the zoning district in which they are allowed. Special exception uses are approved only if, in the specific instance under review, the use will be compatible with surrounding uses or can be made compatible through limitations of its operation or enhancements of the site development design.

b. The special exception permit makes the stipulations of approval mandatory and is valid for the property on which it is issued for as long as the conditions are met, unless the approval stipulates otherwise.

c. Table 23-421 indicates which uses require special exception permits in the various zoning districts of the city. Application and approval procedures are provided in section 23-216

§ 23-432. General standards.
Latest version.

All special exception uses shall comply at minimum with the following standards. Additional requirements may be made by the approving body to ensure compatibility of uses.

a. All special exception uses shall be subject to the general requirements of these development regulations for single lot development, structures, lots, yards and vehicular use area as well as the specific dimensional requirements for lots and structures for the zoning district in which the special exception use is proposed.

b. If the use is listed as a specific use in article III, division 3, the standards of that division must be met in addition to other applicable standards.

c. When a particular special exception use requires permitting or licensing by county, state or federal agencies, no building permit or certificate of use shall be issued until the applicable county, state or federal permits, licenses or other authorizations have been presented.

§ 23-433. Review criteria.
Latest version.

a. The permit granting authority for special exception use permits shall use the following criteria to determine whether a use is appropriate at the proposed location and to formulate any stipulations of approval deemed necessary to render the use compatible with the neighborhood. Stipulations of approval that may be imposed by the permit granting authority are not limited to the types specifically noted in the review criteria.

1. consistency with the comprehensive plan, particularly in regard to the compatibility of the use with uses allowed under the future land use map classification of land in the neighborhood, whether those lands have been developed or not.

2. the effect of the use on development and economic value of properties, including undeveloped lands, in the neighborhood.

3. general compatibility of the use with existing land uses in the neighborhood with regard to proposed hours of operation, noise, fumes, dust, traffic, glare, dust, vibrations, and other characteristics. Conditions may be imposed such as requirements for buffers, noise barriers, additional setbacks, and/or limitations on activities and hours of operation to lessen impacts.

4. suitability of building(s) in terms of size, type, and location on the site. Setbacks in excess of those required for the zone in which the property is located may be required to lessen the effect of the use.

5. adequacy of parking and ingress/egress to the site and buildings with particular regard for automobile and pedestrian safety and convenience, traffic generation, flow and control, and emergency access.

6. refuse and service areas, including loading and unloading facilities and practices, in regard to location, availability, adequacy, and effect upon surrounding properties.

7. utilities, in regard to location, availability, adequacy, and effect upon surrounding properties.

8. proposed signs and exterior lighting with reference to glare, traffic safety, and compatibility and harmony with the character of the neighborhood. Restrictions on sign types, sizes, locations, lighting, materials, and colors may be imposed for the purpose of increasing compatibility, provided adequate signage is allowed for viability of the proposed use.

9. environmental quality of the area in which the use is proposed and the effect the special exception use might have on such quality.

10. buffering and screening of the use from surrounding properties and from view from public roads, pathways, and parks.

b. For the purposes of this section, "neighborhood" shall mean the area that the permit granting authority determines will be affected by the proposed use, and shall not necessarily be limited to immediately adjacent properties.

§ 23-434. Discontinued use (moved to 23-216.6.b.)
Effective on Tuesday, July 7, 2015

(Ord. No. 2015-04, § 3, 7-7-15)