(A) Evidentiary hearing (quasi-judicial) procedures (special use permit).
(1) Evidentiary hearing notification procedures. The Chairperson of the Board of Adjustment shall schedule an evidentiary hearing on the application for a special use permit to be held within 60 days after the application is filed.
(a) Mailed notice. Those property owners directly affected by a request heard as an evidentiary hearing shall be notified of the request and hearing by individual mailed notice. This notice shall be provided to all adjoining property owners. The property owners shall be determined using best available county tax records. Planning Department staff shall maintain a record of those property owners notified, a copy of the mailing itself, and the date on which the mailing was done. This notice shall be sent via first class mail, made at least ten days but not more than 25 days prior to the evidentiary hearing, and shall include information regarding the proposed request, and the time and place of the hearing.
(b) Posted notice. A notice of the evidentiary hearing shall be posted on the affected site. The county shall determine an appropriate time and number of postings, so long as the posting provides reasonable notice to interested parties.
(2) Action by the Board of Adjustment. The Board of Adjustment shall approve, modify, or deny the application for special use permit following the evidentiary hearing. In granting a special use permit, the Board of Adjustment shall make written findings that the applicable regulations of the district in which it is located are fulfilled.
(a) Findings of fact. With due regard to the nature and state of all adjacent structures and uses, the district within which it is located, and official plans for future development, the Board of Adjustment shall also make required written findings of fact that the following provisions are fulfilled:
1. The requested use will not materially endanger the public health and safety;
2. The requested use meets, or will meet, all required conditions and specifications;
3. The requested use will not substantially injure the value of adjoining property, or, alternatively, the requested use is or will be a public necessity;
4. The requested use is in harmony with the surrounding area and compatible with the surrounding neighborhood; and
5. The requested use is in general conformance with this chapter, the land use plan, and other relevant adopted plans.
(3) Conditions of approval. The Board of Adjustment applies existing regulations of this chapter and does not have unlimited discretion to apply conditions on approval for a special use application unless those conditions are reasonable and specifically address one or more of the required findings of fact. Special use permit hearings are not the appropriate place to make policy; rather, the Board is applying previously set policies to an individual case. The conditions can be general (e.g., the activity shall not have a significant adverse effect on neighboring property values and the activity be compatible with the surrounding neighborhood), specific (e.g., the use shall be located on a lot of at least 40,000 square feet), or a combination of general and specific standards. Conditions placed upon a special use permit may include but are not limited to the following:
(a) Such conditions may include a time limitation;
(b) Conditions may be imposed which require that one or more things be done before the use requested can be initiated. (e.g., a solid board fence shall be erected around the site to a height of six feet before the use requested is initiated); and/or
(c) Conditions of a continuing nature may be imposed (e.g., exterior loud speakers shall not be used between the hours of 10:00 p.m. and 8:00 a.m.).
(4) Abandonment of a special use permit. The Board of Adjustment shall have the authority to approve the abandonment of a special use permit at the written and signed request of the permit holder if it determines that:
(a) No construction or activity authorized by the special use permit has been started and the starting time limit has not yet expired; or
(b) The development or use authorized by the special use permit no longer requires a special use permit, and all conditions of the approval have been satisfied.
(5) Revocation of a special use permit. A special use permit may be revoked by the Board of Adjustment if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this chapter, or any additional requirements lawfully imposed by the Board of Adjustment.
(a) Before a special use permit may be revoked, all of the notice and hearing procedures of the chapter shall be complied with. The notice shall inform the permit holder of the alleged grounds for the revocation.
(b) The burden of presenting evidence sufficient to authorize the Board of Adjustment to conclude that a special use permit should be revoked for any reason shall be upon the party advocating that position. The burden of persuasion shall also be upon that party.
(c) A motion to revoke a special use permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion.
(B) Public meeting procedures.
(1) Public meeting notification procedures. Notification to the public for public meetings may be made via one or more of the following methods:
(a) Notice of the public meeting shall be posted on the property; and/or
(b) The public meeting shall be open to the public and all interested persons shall be given the opportunity to present evidence and arguments and to ask questions of persons who testify.
(2) Public hearing notification procedures. Zoning amendments, both text and map amendments, shall be considered for approval only after a properly advertised public hearing is held, in compliance with the state general statutes. Those procedures are outlined herein:
(a) Published notice. Notice of the public hearing shall be published in at least two newspaper advertisements, in a publication of general circulation in the area affected. The first of the two notices shall be published at least ten days, but not more than 25 days, prior to the hearing. The second notice shall appear in a separate calendar week;
(b) Mailed notice. Those property owners directly affected by a zoning map amendment shall be notified of the request and hearing by individual mailed notice. This notice shall be provided to all adjoining property owners, as well as to the owners of the property to be rezoned. The property owners shall be determined using best available county tax records. Planning Department staff shall maintain a record of those property owners notified, a copy of the mailing itself, and the date on which the mailing was done. This notice shall be sent via first class mail, made at least ten days, but not more than 25 days, prior to the public hearing, and shall include information regarding the proposed zoning change, and the time and place of the hearing;
(c) Posted notice. A notice of the public hearing for a zoning map amendment shall be posted on the affected site. The county shall determine an appropriate time and number of postings, so long as the posting provides reasonable notice to interested parties;
(d) Large scale zoning changes. When large scale zoning changes are proposed, those affecting more than 50 parcels with at least 50 different property owners, the county may have the option of providing an expanded published notice instead of individual mailed notices. With this alternative, the county shall run two half-page newspaper advertisements for the hearing, post a notice on the site, and mail notice to those property owners who live outside of the newspaper’s circulation area; and
(e) Additional requirements. The county may establish notice requirements in addition to those required by the state general statutes.
(Ord. passed 10-17-2011; Res. passed 11-16-2020)