(A) Purpose. Certain land uses, because of their nature and location, are not appropriate for categorizing into installations, such as colleges and universities, institutions, community facilities, zoos, cemeteries, country clubs, show grounds, drive-in theaters and other unusual land uses not specifically provided for in this chapter. To provide for the proper handling and location of such specific uses, provision is made for amending this chapter to grant a permit for a specific use in a specific location. This procedure for approval of a specific use permit includes a public hearing. The amending ordinance may provide for certain restrictions and standards for operation. The indication that it is possible to grant a specific use permit as noted elsewhere in this chapter does not constitute a grant of privilege for such use, nor is there any obligation to approve a specific use permit unless it is the finding of the Town Council that such a special use is compatible with adjacent property use and consistent with the character of the neighborhood.
(B) Permit required. No special use shall be erected, used, altered, occupied nor shall any person convert any land, building or structure to such a use unless a specific use permit has been issued by the Town Council. The granting of a specific use permit shall be done in accordance with the provisions for amendment of this chapter.
(C) Application procedure. An application for a special permit shall be filed with the administrative official on a form prepared by the town. The application shall be accompanied by the following:
(1) A completed application form signed by the property owner;
(2) An application fee as established by the town's latest adopted schedule of fees;
(3) A certificate stating that all town and school taxes have been paid to date;
(4) A property description of the area where the specific use permit is proposed to apply;
(5) A site plan complying with the requirements stated in this section which will become a part of the specific use permit, if approved; and
(6) Any other material and/or information as may be required by the Town Council or the administrative official to fulfill the purpose of this division and to ensure that the application is in compliance with the ordinances of the town.
(D) Site plan information. A site plan shall contain, at a minimum the information as provided in § 151.021.
(E) Additional information. The Town Council may request additional information for the site plan upon finding that the information submitted is sufficient to determine that the proposed building, use, structure, development or activity will have an insubstantial impact on the surrounding area and that providing the information required by the submittal requirements is unreasonably burdensome on the applicant. The following additional information may also be required if deemed appropriate by staff or the Town Council.
(1) Copies of studies or analyses upon which have been based projections for need or demand for the proposed facility;
(2) Description of the present use, assessed value and actual value of the land affected by the proposed facility;
(3) Description of the proposed use, anticipated assessed value and supporting documentation;
(4) A description of any long-term plans or master plan for the future use or development of the property;
(5) A description of the applicant's ability to obtain needed easements to serve the proposed use;
(6) A description of any special construction requirements that may be necessary for any construction or development on the subject property;
(7) A traffic impact analysis prepared by a qualified professional in the field of traffic evaluation and forecasting may be required.
(F) Conditions for permit approval. A specific use permit shall not be recommended for approval by the Town Council unless the Council finds that all of the following conditions have been found to exist:
(1) The proposed use complies with all the requirements of the zoning district in which the property is located.
(2) The proposed use as located and configured will contribute to or promote the general welfare and convenience of the town.
(3) The benefits that the town gains from the proposed use outweigh the loss of or damage to any homes, business, natural resources, agricultural lands, historical or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historical features of significance, and outweigh the personal and economic cost of any disruption to the lives, business and property of individuals affected by the proposed use.
(4) Adequate utilities, road access, drainage and other necessary supporting facilities have been or shall be provided.
(5) The design, location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits shall provide for a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments.
(6) The issuance of the specific use permit does not impede the normal and orderly development and improvement of neighboring vacant property.
(7) The location, nature and height of buildings, structures, walls and fences are not out of scale with the neighborhood.
(8) The proposed use will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity.
(9) Adequate nuisance prevention measures have been or shall be taken to prevent or control offensive odors, fumes, dust, noise, vibration and visual blight.
(10) Sufficient on-site lighting is provided for adequate safety of patrons, employees and property, and such lighting is adequately shielded or directed so as not to disturb or adversely effect neighboring properties.
(11) There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties.
(12) The proposed operation is consistent with the applicant's submitted plans, master plans, projections, or, where inconsistencies exist, the benefits to the community outweigh the costs.
(13) The proposed use is in accordance with the Town of Lakeside Comprehensive Land Use Plan.
(G) Additional conditions. In authorizing a specific use permit, the Town Council may impose additional reasonable conditions necessary to protect the public interest and the welfare of the community.
(H) Time limit. A specific use permit issued under this division shall become null and void unless construction or use is substantially underway within one year of the granting of the permit, unless an extension of time is approved the Town Council.
(I) Revocation of permit. A specific use permit may be revoked or modified, after notice and hearing, for either of the following reasons:
(1) The permit was obtained or extended by fraud or deception.
(2) One or more of the conditions imposed by the permit has not been met or has been violated.
(J) Amendments to specific use permit. The procedure for amending a specific use permit shall be the same as for a new application, provided the administrative official may approve minor variations from the original permit which do not increase density, change traffic patterns, or result in an increase in external impacts on adjacent properties or neighborhoods.
(Ord. 312, passed 6-22-2010)