There are other uses which may be necessary or desirable to allow in a given district but which, on account of their potential influence upon neighboring uses or public facilities, need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified as "special uses". The inclusion of a special use provision in a zoning district does not constitute an authorization that such use will be approved. Rather, each proposed special use shall be evaluated by the conditions set forth in this title and a determination if it is consistent with the community character of the immediate vicinity of the parcel proposed for development. A special use may incorporate additional standards that ensure compatibility with the surrounding area. These additional standards may be imposed through this title or as assigned during the approval process. Special uses are approved by the County Board after a public hearing and recommendations by the Zoning Board of Appeals, and the Land Use Committee.
A. Initiation Of Special Use Permit Approval: Any person, firm, or corporation owning land, options to purchase land, or contract for purchase of land in the County's unincorporated jurisdiction may apply for a special use permit, provided that the intended special use is allowed within the zoning district in which the subject property is situated.
B. Preapplication Conference: A preapplication conference, as specified in section 8-14-2-1, "Preapplication Conference", of this chapter, is required.
C. Processing:
1. A special use permit application shall be filed with the Land Use Department, which shall forward copies to the Land Use Committee, and Zoning Board of Appeals.
2. The department shall schedule a public hearing by the Zoning Board of Appeals, to be held within ninety (90) days of receipt of a complete application.
D. Department Review: The department shall review the special use permit application and provide a written analysis to the Land Use Committee, and Zoning Board of Appeals. (Ord. 2018-012, 6-12-2018)
E. Planning Commission Workshop: (Rep. by Ord. 2018-012, 6-12-2018)
F. Zoning Board Of Appeals Meeting: The Zoning Board of Appeals shall complete the review and make a recommendation for approval or denial at a regularly scheduled meeting. The Zoning Board of Appeals' recommendation shall then be forwarded by the department to the Land Use Committee. (Ord. 2018-012, 6-12-2018)
G. Planning And Zoning Committee: The Planning and Zoning Committee shall review the application and recommend to the County Board that it be placed on file in its records.
H. County Board: The County Board shall place the application on file.
I. Zoning Board Of Appeals Public Hearing:
1. The applicant shall publish notification of the public hearing. The applicant shall provide direct mail notification to property owners and abutting property owners within five hundred feet (500'), in accordance with subsections 8-14-2-5A and B of this chapter, at least fifteen (15), but no more than thirty (30), calendar days before the date of the public hearing before the Zoning Board of Appeals. The applicant shall provide proof of notification to the Land Use Department.
2. The Zoning Board of Appeals shall conduct a public hearing on the proposed special use permit in accordance with section 8-14-2-6, "Public Hearings", of this chapter.
J. Recommendation Of The Zoning Board Of Appeals: After closure of the public hearing, the Zoning Board of Appeals shall submit a report of its findings and recommendations to the Planning and Zoning Committee.
1. The Zoning Board of Appeals shall base its recommendations on the provisions of section 8-2-5, "Special Use Standards", of this title, that apply to the intended special use and the district in which it is proposed.
2. In making its recommendation, the Zoning Board of Appeals shall also consider the health, safety, general welfare, neighboring uses, influence on road and traffic conditions, erosion of adjacent property, and water supply infringement.
3. The Zoning Board of Appeals may impose on the permit certain conditions and restrictions in addition to any conditions or requirements provided in section 8-2-5, "Special Use Standards", of this title.
K. Planning And Zoning Committee: The Planning and Zoning Committee shall meet to review the application and recommendation of the Zoning Board of Appeals and consider any public comments received since the application was placed on file. The committee may issue a recommendation of approval or denial to the full County Board or may refer it back to the Zoning Board of Appeals for further consideration.
L. County Board Decision: Upon receiving the recommendation of the Planning and Zoning Committee, the County Board shall act on the special use permit at its next regular meeting.
M. Effect:
1. No order of the County Board granting a special use permit shall be valid for a period longer than twelve (12) months from the date of such order, unless:
a. The building permit or any other permit required has been issued and erection or alteration is started; or
b. If a building permit is not required, the occupancy has begun within the twelve (12) month period.
2. Once the use has begun in a lawful manner, the special use permit shall apply to all current and future owners of the property, provided that all conditions imposed by the Zoning Board of Appeals on the special use permit continue to be met. (Ord. 10-001, 1-12-2010)