(a) Purpose. This Section provides a discretionary approval process for special review uses, that have unique or widely varying operating characteristics or unusual site development features. The procedure encourages public review and evaluation of a use's operating characteristics and site development features and is intended to ensure that proposed use(s) will not have a significant adverse impact on surrounding uses or on the community at large.
(b) Applicability. A special review use (SRU) permit is required for any use allowed by special review as outlined in Table 9-4-170, Permitted Uses.
(c) Review procedures. Applications for a special review use shall follow the general review procedures set forth in §9-3-20, General Procedures and Requirements. Applications for special review use may be initiated by the owner of property for which a special review use is desired.
(d) Review authority. The PZC shall review and render a recommendation to the Board of Trustees on an application for a special review use after conducting a public hearing.
(e) Review criteria. The PZC shall use the following review criteria as the basis for a recommendation on an application for a special review use:
(1) The proposed use is consistent with the Comprehensive Plan and all applicable provisions of this Development Code and applicable state and federal regulations;
(2) The proposed use is consistent with the purpose and intent of the zoning district in which it is located and any applicable use-specific standards in the Development Code;
(3) The proposed use is compatible with adjacent uses in terms of scale, site design and operating characteristics;
(4) Any significant adverse impacts (including, but not limited to, hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts) anticipated to result from the use will be mitigated or offset to the maximum extent practicable;
(5) Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection, and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development; and
(6) Adequate assurances of continuing maintenance have been provided.
(f) Expiration and preliminary review. SRU approvals may state a time frame for duration in the approval ordinance. If a time frame is stated then at least thirty (30) days prior to the expiration, the holder of the SRU approval may apply for a review hearing before the PZC. The PZC shall review the use against the criteria in §9-3-80(e) to determine whether the special review use will be allowed to continue. A SRU approval expires pursuant to this Section.
(1) Developments and uses granted by a special review use permit shall be developed or established in accordance with an approved development schedule or within two (2) years of the date of approval if no development schedule is established. Failure to develop or establish such development or uses in accordance with the time period approved on the permit shall result in the expiration of the permit.
(2) If an approved use ceases operation for any reason for a period of one year, the special review use permit shall be deemed expired. If the conditions of a permit become the responsibility of a person or entity other than the applicant, the City Manager shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the approval/permit. Until such notice is received, the applicant shall remain responsible. Such notice shall be attached to the permit on file at the City.
(3) If conditions of approval are not maintained, it shall be considered a violation of this Development Code and subject to revocation proceedings.
(Ord. 395 §3, 2016)