(1) The Zoning Board of Adjustment shall consider the following
criteria in granting a Special Use Permit under Section
14-1801(1)(d):
(a) that the grant of the Special Use Permit will not
substantially increase congestion in the public streets;
(b) that the
grant of the Special Use Permit will not increase the danger of fire or
otherwise endanger the public safety;
(c) that the grant of the Special
Use Permit will not overcrowd the land or create an undue concentration of
population;
(d) that the grant of the Special Use Permit will not
impair an adequate supply of light and air to adjacent
property;
(e) that the grant of the Special Use Permit will not
adversely affect transportation or unduly burden water, sewer, school, park, or
other public facilities;
(f) that the grant of the Special Use Permit
will not adversely affect the public health or general
welfare;
(g) that the grant of the Special Use Permit will not impair
or permanently injure the use of adjacent conforming
properties;
(h) that the grant of the Special Use Permit will be in
harmony with the spirit of this Title; and,
(i) that the grant of the
Special Use Permit will not adversely affect or impair in a substantial manner
any area redevelopment plan approved by City Council or the Comprehensive Plan
for the City approved by the City Planning Commission.
(2) The applicant
shall have the duty of presenting evidence relating to the criteria set forth in
§ 14-1803(1)(a) through (i); and,
(3) For the following specified
uses, the applicant shall have the duty of presenting evidence and the duty of
presenting all studies and materials required herein as well as the additional
burden of persuading the Zoning Board that the following specific requirements
have been met:
(a) Parking Garages and Parking Lots. In those districts
which require the issuance of a Special Use Permit for parking garages and/or
parking lots, the Zoning Board shall determine whether the following additional
requirements have been met:
(.1) That the applicant has presented a
traffic impact study which has been prepared by a professional engineer,
specializing in transportation, that demonstrates that the proposed parking
facility will not materially degrade the level of service at any signalized
intersection within four hundred feet of the lot during any fifteen (15) minute
period of the day between the hours of 7:30 and 9:30 A.M. and 4:00 and 6:00 P.M.
to an unacceptable level of congestion as determined by professional traffic
engineering standards; provided, however, that if the proposed parking facility
will degrade the existing level of service to an unacceptable level, an
abatement and/or mitigation plan demonstrating how any degradation in service
will be abated, which has been approved by the Department of Streets, shall also
be presented;
(.2) That the applicant has presented a plan and/or
evidence prepared by an architect or engineer indicating that the sight lines
for the driver of any vehicles exiting the parking facility shall be such that a
proper sight triangle across both sides of the sidewalk will exist so that the
driver of any vehicle will be able to see pedestrians on the sidewalk adjacent
to the driveway, before any part of the vehicle exits the lot;
and,
(.3) That the applicant has presented evidence that any off-site
public or private actions which are necessary to support any conclusion reached
or any representation made on any plan, study, or report prepared pursuant to
the requirements of points (.1) and (.2) above have been
completed.
(b) Parking lots accessory to dance halls, night clubs or
restaurants. For parking lots accessory to dance halls, nightclubs and
restaurants, but not located on the same lot as required by Section 14-312(1),
the applicant shall present evidence that they own or have leasehold interest
for a period of at least seven (7) years for the lot where the required
off-street parking is to be
provided.
[391] (c) For
Wireless Service Facilities (Facilities) the Zoning Board of Adjustment shall
evaluate all of the following additional, evidence, information and factors in
determining whether or not to grant a special use permit;
(.1) That
the applicant supply a definition of the area of service needed for coverage or
capacity;
(.2) That the applicant supply information showing that the
proposed facility would provide the needed coverage or
capacity;
(.3) That the applicant provide a map showing all sites
("alternate sites") from which the needed coverage could also be provided,
indicating the zoning for all such sites;
(.4) That the applicant show
why alternate sites which would not require a Special Use Permit or Variance
have not been proposed;
(.5) That the applicant demonstrate that
existing facilities cannot accommodate the proposed Facility within the service
area and that the applicant demonstrate that an existing public, community or
institutional facility cannot accommodate the proposed facility within the
service area;
(.6) That the applicant demonstrate that they cannot
co-locate the Facility within the service area;
(.7) That the
applicant demonstrate, by presenting technological evidence, that the Facility
must be located at the proposed site in order to
satisfy
[392] the needs of the
applicant’s wireless grid system;
(.8) That the applicant shall
allow other wireless service providers using similar technology to co-locate
on
(.9) That the applicant demonstrate how the site will be designed
to accommodate future multiple users;
(.10) That the development of
the proposed Facility will preserve the preexisting character of the surrounding
buildings and land use as much as possible. All components of the proposed
Facility shall be integrated through location and design to be compatible with
the existing characteristics of the site to the extent practical. Existing
on-site vegetation shall be preserved or improved, and the disturbance of the
existing topography shall be minimized, unless such disturbance would result in
less visual impact of the Facility on the surrounding area;
and,
(.11) That the applicant has advertised in a newspaper of general
circulation, at least 12 days prior to the public hearing, notice of the
application, which shall, in addition to the information included on the posting
notice, give notice of the pending hearing and of individuals rights to appear
at the hearing to apprise the Board of their concerns regarding the proposed
Facility. This provision shall be satisfied by presenting to the Board, at the
time of the public hearing, a copy of the newspaper containing the
advertisement.
(d) For restaurants when located in any building or upon
any land located on the north side of Market street between Front street and
Fifth street, the Zoning Board of Adjustment shall evaluate all of the following
additional evidence, information and factors in determining whether or not to
grant a special use permit. These conditions are imposed so as to minimize the
impact of restaurants upon adjacent residential and mixed-use
properties:
[393] (.1) That
all trash and garbage storage and/or disposal has been provided within the
building. This trash storage and disposal may include, but is not limited to,
the use of garbage disposals, refrigerated trash storage and trash
compactors;
(.2) That all cooking and other exhaust fumes have been
properly vented through the roof of the building;
(.3) That noise
generated by the proposed restaurant has been properly abated by the
installation of adequate sound proofing.