(A) Purpose and intent. Special exception uses are those which, if not specially regulated, can have an undue impact or be incompatible with other uses of land within or adjacent to a given zoning district. Upon the granting of a special exception, these uses may be allowed to locate within designated districts under the standards, controls, limitations, performance criteria, restrictions, and other regulations of this chapter. Special exception uses are listed within the zoning districts in which they have the potential to be permitted upon satisfaction of the review standards of division (B) below.
(B) Review standards for special exception uses. All applications for special exceptions shall be reviewed using the following criteria.
(1) The proposed use shall be in harmony with the:
(a) Adopted Comprehensive Plan;
(b) Intent and purpose of the base and overlay(s) zoning district(s) in which the use is proposed to be located;
(c) Character of adjacent properties and the surrounding neighborhoods, and with existing and proposed development; and
(d) Design standards of this chapter.
(2) The proposed use shall be adequately served by essential services such as streets, drainage facilities, fire protection, and approved water and sewerage disposal facilities.
(3) The proposed use shall not result in the destruction, loss, or damage of any feature determined to be of significant ecological, scenic, or historic importance as determined by the resources inventory.
(4) The proposed use shall be designed, sited, and landscaped so that the use will not hinder or discourage the appropriate development or use of adjacent properties and surrounding areas.
(C) Special conditions.
(1) In granting any special exception, conditions necessary to assure that the proposed use will conform with the requirements of this section and will continue to do so may be imposed. A surety bond or other guarantee of performance acceptable to the county may be required in order to ensure compliance with the conditions imposed.
(2) Reasonable standards may be imposed as deemed necessary to protect the public interest and welfare. Such standards may include, but need not be limited to:
(a) More restrictive sign standards;
(b) Additional yard requirements, landscaping, or screening requirements;
(c) Special lighting requirements;
(d) Limitation on hours of operation;
(e) Additional off-street parking and loading requirements; and/or
(f) Refinement of ingress and egress.
(3) Time limits or expiration dates for a special exception, including provisions for periodic review and renewal may also become a condition of the special exception.
(D) Special exception application requirements.
(1) An application for a special exception shall be made by the owner, contract purchaser with the owner’s written consent, or the owner’s agent of the property on which the proposed use is to be located. The application shall be submitted to the Land Use Administrator, and shall be accompanied by the filing fee. Application forms are available from the Land Use Administrator.
(2) If the request for a special exception has been denied by the county, substantially the same request shall not be reconsidered within 365 days of the denial.
(3) The application shall include the following information:
(b) A description of the proposed use and, where applicable, the hours of operation and the proposed number of employees; and
(c) When deemed necessary, the Land Use Administrator or the plan-approving authority may require a community impact analysis.
(E) Special exception general provisions.
(1) After approval of a special exception by the county, the applicant shall have one year to begin the use approved, provided that the county may allow, at the time of approval, a longer period than one year. If the use has not begun within one year (or other time period as set by the county), the special exception shall be void, and the use may not thereafter be begun except upon approval of another special exception.
(2) After approval of a special exception by the county, the use approved may intensify and/or expand, provided that any conditions attached to the approval shall not be violated. If intensification and/or expansion will violate any attached conditions, a new special exception shall be obtained before such intensification and/or expansion may be approved.
(3) All uses permitted by a special exception shall require plan of development approval in accordance with the provisions of § 157.061.
(4) If an approved special exception ceases operation for a period of 12 consecutive months, for any reason, the special exception shall become void, and thereafter the use may only be conducted after another special exception has been approved.
(F) Revocation of special exceptions. The county may by resolution initiate a revocation of a special exception. After review by the Land Use Administrator and consideration and recommendation by the Planning Commission, the governing body shall act on the proposal to revoke the special exception. Grounds for revocation shall include, but not be limited to, the following:
(1) A change in conditions affecting the public health, safety, and welfare since adoption of the special exception;
(2) Repeated violations of this chapter, including any conditions attached to the special exception, by the owner/operator of the use;
(3) Fraudulent, false, or misleading information supplied by the applicant (or his or her agent) for the special exception;
(4) Improper public notice of the special exception public hearing(s) when the permit was considered in accordance with DMP-B; or
(5) An error or mistake in fact that led to an arbitrary and unreasonable decision made by the plan-approving authority when approving the special exception.
(Ord. passed 11-9-1995) Penalty, see § 157.999