(A) The special permitted use procedure is an administrative review process, where the Administrative Official shall have the power to review an application for conformance with the applicable standards and approval criteria and issue a special permitted use permit.
(B) Requests for special permitted uses may be granted if it has been determined that the prescribed conditions for a specific use have been met or assurance has been provided that the conditions will be met. A special permitted use permit shall not be granted unless and until:
(1) A written application for a special permitted use is submitted, indicating the section of this chapter under which the special permitted use is sought and stating the grounds on which it is requested;
(2) The Administrative Official shall review the application for conformance with this chapter;
(3) If the Administrative Official determines that the application is in conformance with the prescribed performance standards, the Administrative Official shall make written findings certifying compliance with the specific standards governing the specific special permitted use permit and that satisfactory provisions and arrangements have been made concerning the prescribed conditions for the special permitted use permit;
(4) The Administrative Official shall then issue the special permitted use permit subject to the applicant agreeing to any conditions prescribed by this chapter or the Administrative Official for the special permitted use permit;
(5) The Administrative Official shall then issue any other associated building/use permits;
(6) If the application does not meet all of the performance standards for the special permitted use, or the applicant fails to meet any of the prescribed conditions or safeguards, the Administrative Official shall determine that the application is not in conformance with this section and appropriate special permitted use standards. The applicant may, as appropriate:
(a) Apply for a variance from lot area, or size of yards, and open spaces;
(b) Apply for conditional use permit, if eligible; and
(7) A special permitted use permit shall expire one year from the date upon which it becomes effective if no actual construction has commenced. Upon written request to the Administrative Official and prior to the special permitted use expiration date, a one year time extension for the special permitted use may be granted by the Administrative Official; and
(8) If a decision by the Administrative Official to issue a special permitted use permit is appealed to circuit court the special permitted use permit that was granted does not expire for a period of two years following completion of any final appeal of the decision.
(Ord. 842, passed 3-14-2022)