§14-1803. Criteria for Granting a Special Use Permit. [390]


(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.