This section provides for review and discretionary Board of Adjustment approval for uses within zoning districts which have unusual site development or operating characteristics that could adversely affect surrounding properties.
1. Administration. The Board of Adjustment shall review, evaluate and act upon all applications submitted pursuant to this procedure.
2. Application Requirements. An application for a special use permit may be filed with the Zoning Administrator by the owners of a property or the owners’ authorized agent. The application shall include the following information:
A. Name and address of the applicant.
B. Owner, address and legal description of the property.
C. A description of the nature and operating characteristics of the proposed use.
D. Any graphic information, including site plans, elevations, other drawings, or other materials determined by the Zoning Administrator to be necessary to describe the proposed use to approving agencies or required by other sections in this chapter.
E. Approval Process. The Board of Adjustment, after legal publication and a public hearing, shall act on the special use permit.
F. Criteria for Review. The Board of Adjustment shall review and act upon the request based on the general criteria described below and further established in Table 165.36/37-1 and conformance with applicable regulations in this Zoning Ordinance. The proposed use:
(1) Will be in harmony with the general purpose, goals, objectives, and standards of the Comprehensive Plan and this Code;
(2) Will not have a substantial, undue, or adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare;
(3) Will be constructed, arranged, or operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations;
(4) Will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water, sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services;
(5) Will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance;
(6) Complies with all additional standards imposed on it by the provisions of the district in which such special use may be authorized.
(Ord. 920 - Aug. 17 Supp.)
G. Scope of Board of Adjustment’s Approval. The Board of Adjustment may, at its discretion, apply a special use permit to a specific owner or applicant. The Board of Adjustment may establish special site development or operational regulations as a condition for approval of a special use permit. The Board of Adjustment shall not grant a special use permit for any home occupation/home-based business which is otherwise prohibited under the Zoning Ordinance.
H. Lapse and Revocation of Permit. A special use permit shall become void 180 days after its effective date if the applicant has not carried out development or occupancy during that period, or sooner if so conditioned by the Board of Adjustment. The Board of Adjustment may revoke a special use permit should the operation of the use subject to such permit violate the conditions under which the permit was granted.
I. Previously Approved Permits. Any special use approved under regulations in effect before the effective date of this Zoning Ordinance shall be considered to have a valid special use permit, subject to requirements imposed at the time of its approval.
TABLE 165.36/37-1: Criteria For Site Plan Review And Special Use Permits
CRITERION | APPLICATION TO: |
Land Use Compatibility | Site Plan Review | Special Use Permit |
Development Density | Site area per unit or floor area ratio should be similar to surrounding uses if not separated by major natural or artificial features. | X |
Height and Scale |
Height and Bulk | Development should minimize differences in height and building size from surrounding structures. Differences should be justified by urban design considerations. | X | X |
Setbacks | Development should respect pre-existing setbacks in surrounding area. Variation should be justified by site or operating characteristics. | X | X |
Building Coverage | Building coverage should be similar to that of surrounding development if possible. Higher coverage should be mitigated by landscaping or site amenities. | X | X |
Site Development |
Frontage | Project frontage along a street should be similar to lot width. | X | X |
Parking and Internal Circulation | Parking should serve all structures with minimal conflicts between pedestrians and vehicles. Structures must be accessible to public safety vehicles. Development must have access to adjacent public streets and ways. Internal circulation should minimize conflicts and congestion at public access points. | X X X | X X X |
Landscaping | Landscaping should be integral to the development, providing street landscaping, breaks in uninterrupted paved areas, and buffering where required by surrounding land uses. Parts of site with sensitive environmental features or natural drainageways should be preserved. | X | X |
Building Design | Architectural design and building materials should be compatible with surrounding areas or highly visible locations | X |
Operating Characteristics |
Traffic Capacity | Project should not reduce the existing level of traffic service on adjacent streets. Compensating improvements will be required to mitigate impact on street system operations. | X | X |
External Traffic Effects | Project design should direct non-residential traffic away from residential areas. | X | X |
Operating Hours | Projects with long operating hours must minimize effects on surrounding residential areas. | X | X |
Outside Storage | Outside storage areas should be screened from surrounding streets and less intensive land uses. | X | X |
TABLE 165.36/37-1: Criteria For Site Plan Review And Special Use Permits (continued)
CRITERION | APPLICATION TO: |
Public Facilities | Site Plan Review | Special Use Permit |
Sanitary Waste Disposal | Developments within 300 feet of a public sanitary sewer must connect to sewer system. Individual disposal systems, if permitted, shall not adversely affect public health, safety, or welfare.
Sanitary sewer must have adequate capacity to serve development. | X X | X X |
Storm Water Management | Development should handle storm water adequately to prevent overloading of public storm water management system. Development should not inhibit development of other properties. Development should not increase probability of erosion, flooding, landslides, or other run-off related effects. | X X X | X X X |
Utilities | Project must be served by utilities. Rural estate subdivisions should be located in designated areas which can accommodate utility and infrastructure installation consistent with the need to protect the environment and public health. | X X | X X |
Comprehensive Plan |
Projects should be consistent with the City of Pella’s Comprehensive Development Plan. | X | X |