(A) Purpose. Special uses are those uses which generally are incompatible with the permitted land uses in a given zoning district, but which require individual review of their location, design and configuration and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district. A special use permit shall be required prior to the establishment of any special use identified in § 154.076 or elsewhere in this code.
(B) Review and approval. The Planning Commission shall review each case on its own merit, apply the criteria established herein, and recommend either approval or denial of the special use permit to the Town Board of Trustees. Following the Planning Commission’s recommendation, the Town Board of Trustees shall review each case on its own merit, apply the criteria established herein, and, if appropriate, authorize said use by granting a special use permit.
(C) Application and criteria for special use permit approval.
(1) Application. Application and public hearing procedures for a special permit shall be completed in the same manner as an application for rezoning. A site plan shall be included with the application as outlined in § 154.041 of this chapter.
(2) Special use permit criteria. The Town Board of Trustees shall use the following criteria to evaluate a special use permit:
(a) Whether the proposed use shall be in harmony with the policies of the comprehensive plan;
(b) Whether the proposed use shall be in harmony with the general purpose and intent of the applicable zoning district regulations;
(c) Whether the proposed use shall not adversely affect the use of neighboring properties;
(d) Whether the proposed use shall not generate pedestrian and vehicular traffic that is hazardous or in conflict with the existing and anticipated traffic in the neighborhood; and
(e) Whether utility, drainage, parking, loading, signs, lighting access and other necessary public facilities to serve the proposed use shall meet the adopted codes of the town.
(3) Specific conditions. The Town Board of Trustees may impose specific conditions regarding location, design, operation and screening to assure safety, to prevent a nuisance, and to control the noxious effects of excessive sound, light, odor, dust or similar conditions.
(D) Status of special use permits. Once a special use permit has been granted for a lot, said special use permit may not be expanded to another lot without application for a new special use permit.
(E) Expiration of special use permits. All special use permits shall expire by default.
(1) Non-establishment.
(a) If the use is not established within 12 months and no extension is approved.
(b) When a building permit has not been issued for construction within 12 months of Town Board of Trustees approval the applicant or owner may request a hearing for an extension of the initial special use permit approval. Good cause for an extension shall mean that the owner shows evidence that he or she has contractors or applications for continual development within the next year following the original approval.
(2) Discontinuance. If the use once established has been discontinued for a period of 12 months or abandoned.
(3) Lack of substantial compliance. Whenever the Zoning Administrator finds that any proposed construction or occupancy will not, in his or her opinion, substantially comply with the special use permit, he or she shall refer the question to the Town Board of Trustees for its review.
(4) Amendment. When the holder of a special use permit determines that an extension of time or modification of the use is necessary, he or she may apply for amendment in the same manner as the original application. The amendment shall be processed in the same manner as an original application.
(Ord. 382, passed 7-8-2021)