(A) Purpose and applicability. This chapter provides for a number of uses to be located by right in each general zoning district subject to the use meeting certain area, height, yard and off-street parking and loading requirements. In addition to these uses, the ordinance allows some uses on a special basis subject to the issuance of a special use permit by the Zoning Board of Adjustment. The reason for making the uses "special" is to ensure that they are compatible with surrounding development and in keeping with the purposes of the general zoning district in which they are located. Those uses, shown as "special" in the permitted use table in § 154.065, shall be subject to the requirements and review process in this section.
(B) Approval process. The hearing for a special use permit shall be processed and considered in a quasi-judicial manner by the Zoning Board of Adjustment. The Board may, in its review, suggest reasonable conditions for the location, nature and extent of the proposed use and its relationship to surrounding properties, parking areas, driveways, pedestrian and vehicular circulation systems, and screening and landscaping, and may address timing of development and any other appropriate conditions. Those conditions may include dedication of any rights-of-way or easements for streets, water, sewer or other public utilities necessary to serve the proposed development. An application shall be filed with the Zoning Administrator and shall be accompanied by a site specific plan meeting the requirements as set forth in § 154.081(B) above. Additional information may be required by the Zoning Board of Adjustment in order to evaluate the impact of the proposed development. The Board may waive a particular requirement if, in its opinion, the inclusion is not essential to a proper decision on the application.
(C) Conditions, evidence and findings of fact.
(1) In approving an application for a special use permit, the Zoning Board of Adjustment may attach fair and reasonable conditions to the approval. The petitioner will have a reasonable opportunity to consider and respond to any additional requirements prior to approval or denial by the Zoning Board of Adjustment.
(2) The Board shall issue a special use permit if it has evaluated an application and determined that the proposed use satisfies the following standards:
(a) The use requested is among those listed as an eligible special use in the district in which the subject property is located;
(b) The special use will not materially endanger the public health or safety if located where proposed and developed according to the plan as proposed;
(c) The special use meets all required conditions and specifications;
(d) The special use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and
(e) The location and character of the special use if developed according to the plan as proposed will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the town.
(D) Decisions and judicial review. The provisions of § 154.046(E)(1) Voting, (2) Quasi-judicial decisions, (4) Public record of decisions, and (5) Judicial review, shall apply to the Zoning Board of Adjustment’s consideration of special use permits.
(E) Effect of approval and expiration of approval.
(1) Any special use permit shall be perpetually binding upon the property included in the permit unless subsequently changed or amended by the Zoning Board of Adjustment, as provided for in division (F) below. If an application for a special use permit is approved by the Board, the owner of the property shall have the ability to develop the use in accordance with the stipulations contained in the special use permit or develop any other use listed as a "permitted use" for the general zoning district in which it is located.
(2) Unless the Zoning Board of Adjustment issues a special use permit which either is specifically exempt from any time constraints or has some other specified time period for implementation, the applicant must secure a valid building permit within a one-year period from date of issuance of the special use permit.
(a) In addition, if the project for which a special use permit was issued is not complete and a valid building permit is not in place at the end of the 12-month period, the Zoning Administrator shall notify the applicant of the finding, and within 60 days of the notification, the Zoning Administrator shall make a recommendation concerning the recision of the special use permit to the Zoning Board of Adjustment.
(b) The Board, after having conducted a public hearing to consider the recision, may then rescind the special use permit, or extend the life of the special use permit for a specified period of time.
(F) Alterations to site and amendments to special use permit.
(1) "Minor changes" are changes in the detail of the approved site which:
(a) Will not alter the basic relationship of the proposed development to the adjacent property;
(b) Will not increase the gross floor area of any non-residential use by the lesser of 10% or 10,000 square feet; and
(c) Will not decrease the off-street parking ratio or reduce the yards provided at the periphery of the site by greater than five feet.
(2) Minor changes may be made with the approval of the Zoning Administrator on a one-time basis only. Further changes to the development may only be made by the Zoning Board of Adjustment by amending the special use permit. Any request to materially change the special use permit once it has been issued shall be reviewed in entirety through the Board approval process.
(G) Re-application following denial.
(1) If a request for special use permit is denied by the Zoning Board of Adjustment, a similar application for the same property or any portion thereof shall not be filed until the expiration of a 12- month period from the date of the most recent denial by the Zoning Board of Adjustment.
(2) This waiting period shall not be applicable where the application for a special use permit is substantially different form the original application.
(3) The term
SUBSTANTIALLY DIFFERENT as herein applied shall mean:
(a) The proposed principal use is different from the use contained in the original application; or
(b) The gross floor area of the proposed development has been reduced by 50% or more from that contained in the original application.
(Ord., Art. X, § 1002, passed - -; Am. Ord. passed 4-17-2014)