(A) The purpose of these districts is to promote greater land use compatibility by allowing landowners to voluntarily place their property into classifications in which a special use permit is required as a prerequisite to any use or development. More specifically, the purpose of these districts is identical to that of corresponding general use districts as indicated below, except that a special use permit is required as a prerequisite to any use or development, as provided in this chapter.
Special Use District | General Use District |
Special Use District | General Use District |
R-A-SUD | R-A |
R-1-SUD | R-1 |
R-2-SUD | R-2 |
R-3-SUD | R-3 |
R-3M-SUD | R-3M |
B-1-SUD | B-1 |
B-2-SUD | B-2 |
B-3-SUD | B-3 |
OI-SUD | OI |
I-1-SUD | I-1 |
I-2-SUD | I-2 |
(B) A special use district corresponds to each of the other districts authorized in this chapter. It is recognized that certain types of zoning districts would be inappropriate at particular locations in the absence of special conditions. Where the applicant desires property to be rezoned to such a district in such situations, the special use district is a means by which such special conditions can be imposed in the furtherance of the purposes of this chapter. The special use district classification will be considered in response to a petition by the owners of all of the property to be included. If, for any reason, any condition imposed pursuant to these regulations is found to be illegal or invalid, of if the applicant should fail to accept any condition, it is the intent of this chapter that the authorization of such special use permit shall be null and void and of no effect, and that proceedings be instituted to rezone the property to its previous zoning classification.
(C) Within a special use district, only those uses authorized by this chapter as permitted, conditional or special uses within the zoning district with which the special use district corresponds shall be permitted, and all other requirements of the corresponding district and other requirements of this chapter shall be met. If the use would be conditional or special use in the corresponding district, all of the requirements in §§ 152.060 through 152.078 for all special or conditional uses and the applicable special or conditional use shall be met. In addition, within a special use district, one use shall be permitted except pursuant to a special use permit authorized by the Town Board of Commissioners which shall specify the use or uses authorized. The special use permit may further specify conditions based on the issues raised concerning special uses in §§ 152.060 through 152.078 and any other reasonable and appropriate conditions.
(D) The authorization of a special use in the district shall preclude any requirements for obtaining a conditional use permit from the Board of Adjustment.
(1992 Code, § 152.016) (Ord. passed 11- -1988) Penalty, see § 152.999