§ 2-114. Review and revocation of special exceptions.

(a)

Jurisdiction. The city council hereby reserves to itself the jurisdiction and authority to review and revoke special exception uses.

(b)

Request for review.

(1)

Any person who is substantially and adversely affected by a special exception use which has been authorized by the city council may petition the city council for a review of said special exception at a public hearing when such use or the continuation of such use:

a.

Constitutes an annoyance to the community;

b.

Is injurious to the health, safety, or welfare of the community or of the public;

c.

Tends to corrupt the manners and morals of the public or of the community;

d.

Tends to attract vagrants, loiterers, or habitually intoxicated individuals;

e.

Has a history of repeated incidents of violence; or

f.

Results in a substantial depreciation or lowering of property values in the community or neighborhood.

(2)

The affected person shall present a petition as a prerequisite to review of the special exception by the city council. Said petition shall be filed with the building official or the council's designee and, upon determination of probable cause as to the existence of the conditions recited by the petitioner, shall be presented to the city council, with an indication as to the factual circumstances and reasons which necessitate review by the city council. The applicant shall submit a fee, in accordance with the fee schedule, to defray the cost of processing and reviewing the petition.

(3)

No petition shall be reviewed by the city council where a previous review has already occurred in accordance with the procedures of this section, unless the petitioner demonstrates that a material change of circumstances has occurred since the last review. Petitions which do not allege facts which demonstrate a material change in circumstances may be summarily dismissed by the building official or the council's designee or the city council prior to the public hearing.

(c)

Review and revocation of special exception by the city council.

(1)

Upon presentation of a petition filed in accordance with the provisions of subsection (b)(2) of this section, the city council shall schedule a public hearing on the petition, for the purpose of reviewing the special exception. Notice of the time and place of such hearing and of the allegations contained in the petition shall be given in writing to the party to whom the special exception was issued. In addition, notice shall be given to adjoining property owners in the same manner as was required prior to the original grant of the special exception by the city council. In addition, any publication of notice which is required prior to the grant of a special exception by the city council shall be required. All notices required by this section shall be given in the same form and within the same time limits as is normally utilized in the consideration of an original grant of a special exception.

(2)

At the public hearing, the city council shall take testimony from all parties and, upon consideration of the evidence presented, shall have the authority to, upon a finding that the evidence establishes the existence of one or more criteria set forth in subsection (b)(1) of this section:

a.

Revoke the special exception approval; or

b.

Permit the continuation of the special exception with additional conditions or stipulations.

If no such finding is made, the city council shall permit the continuation of the special exception.

(Ord. No. 05-536, § 301.37, 12-20-2005)