(A) Generally. A special use permit is to determine if the Board of Adjustment should authorize a new special use to be established or for an existing special use to intensify, expand, or convert to another special use.
(B) Applicability. A special use permit is required before establishing any use designated as a special use as in § 156.C.003-1, Use Table or before converting a nonconforming use to another nonconforming use pursuant to the provisions in § 156.C.005, Special Use Permit Standards.
(C) Review criteria. In determining whether to approve, approve with conditions, or deny a special use permit, the BOA shall consider the provisions of Subsec. 156.J.002.5, Common Review Criteria, together with the following:
(1) Concentration. The special use does not create an unwanted concentration of similar special uses that is likely to discourage permitted uses by making the vicinity less desirable for them.
(2) Location. There is no practicable alternative location where the use is permitted by right within the general vicinity of the parcel proposed for development, or, if such a location exists, the proposed location is comparable or more favorable in terms of:
(a) Providing a needed community service;
(b) Providing a critical mass of related and mutually supportive land uses that promote quality economic development and opportunity;
(c) Providing a balance of land uses, ensuring that appropriate supporting activities, such as employment, housing, leisure-time, and retail centers are in close proximity to one another; and
(d) Making more efficient use of public infrastructure.
(3) Affirmative findings. In order to approve a special use permit, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.
(D) Procedures.
(1) Review and decision. The Zoning Administrator shall review the proposed special use permit and give a report to the Plan and Zoning Commission. The PZC shall hold a public hearing and make a recommendation to the BOA, who shall subsequently conduct a public hearing before making final action to approve, approve with conditions, or deny the proposed special use permit.
(2) Public notice and public hearing. The required public notice and public hearing as denoted in Table 156.J.002.12-2, Review Steps, shall be conducted in conformance with the procedures set out in Subsec. 156.J.002.6, Public Notice, and Subsec. 156.J.002.7, Public Meetings and Hearings.
(3) Time frame. Approval of a special use permit shall be valid for the period of time set out in Table 156.J.002.12-1, Development Review Summary Table. Thereafter, the permit shall expire or be granted an extension as set out in Subsec. 156.J.002.10, Inactive and Expired Applications, and Subsec. 156.J.002.11, Approval Extension.
(4) Notice of decision. The Zoning Administrator shall provide a copy of the decision to the applicant within ten days of the BOA's decision.
(E) Effect of approval. The issuance of a special use permit shall not authorize the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of an application for any permits or approvals which may be required by the city, including, but not limited to, a building permit, certificate of occupancy, and subdivision approval.