§ 154.924 SPECIAL USE PERMITS.

   (A)   Purpose. The purpose of a special use review is to provide an opportunity to utilize property for an activity, which under usual circumstances, could be detrimental to other permitted uses and which normally is not permitted within the same district. A special use may be permitted under circumstances particular to the proposed location and subject to conditions that provide protection to adjacent land uses. A special use is not a use by-right and one that is otherwise prohibited without approval of a special use permit.

   (B)   Applicability. A special use permit shall be required prior to the establishment of any special use identified in §§ 154.401 through 154.407 or elsewhere in this code.

   (C)   Review criteria. The application shall demonstrate that the proposed development will comply with the following:

      (1)   Site plan review standards. All applicable site plan review criteria in § 154.914.

      (2)   District standards. The underlying zoning district standards established in §§ 154.201 through 154.209 including the defining characteristics of the district;

      (3)   Specific standards. The land use regulations established in § 154.405;

      (4)   Availability of complementary uses. Other uses complementary to, and supportive of, the proposed project shall be available including, but not limited to: schools, parks, hospitals, business and commercial facilities, and transportation facilities.

      (5)   Compatibility with adjoining properties. Compatibility with and protection of neighboring properties through measures such as:

         (a)   Protection of privacy. The proposed plan shall provide reasonable visual and auditory privacy for all dwelling units located within and adjacent to the site. Fences, walls, barriers and/or vegetation shall be arranged to protect and enhance the property and to enhance the privacy of on-site and neighboring occupants;

         (b)   Protection of use and enjoyment. All elements of the proposed plan shall be designed and arranged to have a minimal negative impact on the use and enjoyment of adjoining property.

         (c)   Compatible design and integration. All elements of a plan shall coexist in a harmonious manner with nearby existing and anticipated development. Elements to consider include: buildings, outdoor storage areas and equipment, utility structures, building and paving coverage, landscaping, lighting, glare, dust, signage, views, noise, and odors. The plan must ensure that noxious emissions and conditions not typical of land uses in the same zoning district will be effectively confined so as not to be injurious or detrimental to nearby properties.

   (D)   Decision-maker. The Zoning Administrator shall make recommendations and the Zoning Board of Appeals shall approve, conditionally approve, or deny all applications for a special use permit.

   (E)   Application and review procedures. Application requirements and processing procedures are described in Table 154.918.1 and § 154.919, with the following modification:

      (1)   Validity. Once established, a special use permit approval shall run with the land and remain valid until the property changes use or the use is abandoned and non-operational for a period of 12 consecutive months.

(Ord. O-05-04, passed 4-11-05)