(A) Purpose. The purpose of this section is to provide a means for reviewing applications for approval of uses allowed as special exceptions. These are uses that are generally compatible with the other uses permitted in a zoning district, but require individual review of their location, design, configuration, and density and intensity of use, and may require the imposition of conditions to ensure the appropriateness of the use at a particular location.
(B) Authority. The BZA is authorized to review and decide applications for special exception permits in accordance with this section. Only those uses identified as special exceptions in Table 164.01, Table of Allowed Uses, are authorized to be considered as special exceptions under this section. The designation of a use as a special exception in Table 164.01, Table of Allowed Uses, does not constitute an authorization that such use shall be approved through a special exception permit in accordance with this section. Rather, each proposed special exception shall be evaluated by the BZA for compliance with the standards set forth in this section and the applicable standards for the use in § 164.03, Use-Specific Standards (if appropriate).
(C) Procedure.
(1) Application submission, review, public notification, and scheduling hearing. The procedures and requirements for submission and review of an application are established in § 162.02, Common Review Procedures. Applicants may submit a site plan (prepared in accordance with the standards in § 162.03-06, Site Plan) with their application for a special exception permit.
(2) Review and action by Board of Zoning Appeals. After preparation of a staff report, public notification, and the scheduling of a public hearing, the BZA shall conduct a public hearing on the application in accordance with § 162.02-17, Public Hearing Procedures. At the public hearing, the BZA shall consider the application, the relevant support materials, the staff report, and the testimony given at the public hearing. After the close of the public hearing, the BZA shall approve, approve with conditions, or deny the application based on the standards in § 162.03-03(D), Special Exception Standards.
(D) Special exception standards. A special exception permit shall be approved only upon a finding the applicant demonstrates all the following standards are met:
(1) The proposed special exception complies with all standards in § 164.03, Use-Specific Standards.
(2) The proposed special exception is appropriate for its location and compatible with the character of surrounding lands and the uses permitted in the zoning district(s) of surrounding lands.
(3) The design of the proposed special exception minimizes adverse effects, including visual impacts of the proposed use on adjacent lands; furthermore, the proposed special exception avoids significant adverse impact on surrounding lands regarding service delivery, parking and loading, odors, noise, glare, and vibration, and does not create a nuisance.
(4) The proposed special exception minimizes environmental impacts and does not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources.
(5) There is adequate road capacity available to serve the proposed special exception, and the proposed special exception use is designed to ensure safe ingress and egress onto the site and safe road conditions around the site.
(6) The proposed special exception will not substantially and permanently injure the use of neighboring land for those uses that are permitted in the zoning district, or reduce property values.
(7) A site plan has been prepared that demonstrates how the proposed special exception use complies with the other standards of this subsection.
(8) The proposed special exception use complies with all other relevant city laws and ordinances, state and federal laws, and regulations.
(E) Conditions of approval. In approving a special exception permit, the BZA may impose appropriate conditions on the permit approval in accordance with § 162.02-12, Conditions of Approval.
(F) Appeal. A person having a substantial interest affected by a decision of the BZA on a special exception permit may appeal from the decision of the BZA to the Circuit Court in and for Charleston County by filing with the Clerk of Court a petition setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal shall be filed within 30 days after the decision of the BZA is mailed. For the purposes of this subsection, person includes persons jointly or severally aggrieved by the decision of the BZA.
(G) Effect. Issuance of a special exception permit shall authorize only the particular special exception that is approved in the permit. A special exception permit, including any conditions, shall run with the land and shall not be affected by a change in ownership.
(H) Expiration.
(1) General. The BZA may prescribe a time limit within which development activity shall begin or be completed on the special exception permit, or both. Failure to begin or complete such development activity within the time limit specified shall void the special exception permit. Unless specified otherwise by the BZA, a building permit shall be obtained for the development approved by the permit within 12 months from the date of approval, and development shall be completed on the building permit within the time allowed under the city's building regulations, or the special exception permit shall expire and be void. In cases where a building permit is not required to establish an approved special exception use, a zoning permit, § 162.03-13, shall be obtained within 12 months from the date of approval, or the special exception permit shall expire and be void.
(2) Extension. Upon written application submitted at least 30 days prior to the expiration of the permit period by the applicant, and upon a showing of good cause, the BZA may grant one extension not to exceed six months. The approval shall be deemed extended until the BZA has acted upon the request for extension. Failure to submit an application for an extension within the time limits established by this section shall result in the expiration of the special exception permit.
(I) Amendments. A special exception permit may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.
(Ord. 05-10, passed 3-23-10)