(A) Intent.
(1) The special uses that are designated for a particular zoning district are generally complementary to the uses permitted by right. However, because of their unique characteristics or more intensive natures, these uses require special consideration of the welfare of adjacent properties and the community as a whole. It is the intent of this chapter to provide a set of procedures and standards for specific uses of land or structures that will allow practical latitude for land use and at the same time, promote the intent and purpose of this zoning chapter, and insure the land use or activity authorized shall be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land uses.
(2) The Planning Commission shall have the opportunity to impose conditions upon each use which are deemed necessary for the protection of the public welfare. Such conditions shall be based on standards in this chapter.
(B) Purpose. This chapter provides procedures and standards for regulating activities identified as uses by special use permit for each zoning district. The purpose of designating special uses is to allow practical latitude for a property owner or developer to use a parcel of land while maintaining protection of the health, safety, comfort, convenience and general welfare of neighbors and the community at large.
(C) Process. Regulation of special uses may include up to three separate steps. First is the possibility of a rezoning being required to accommodate the special use. Second is the review of the site plan for the proposed use. And third is the decision of whether a special use permit will be granted.
(1) Standards. During the special use permit process, various considerations will be explored before approval of the site plan or the special use permit. Some of these are defined in this chapter as additional site plan review standards for various special uses. These standards are intended to reduce the impact of a special use on surrounding properties. They are minimum requirements that must always be met.
(2) Conditions. The Planning Commission may attach additional conditions to the approval of the site plan or the special use permit. These conditions must be based on requirements or concerns defined by this chapter.
(3) Permanence. Note that once a special use permit has been granted, it may only be revoked if the conditions mentioned above, or other requirements of this chapter, have been violated. Otherwise, the special use permit "runs with the land" and is one of the rights that transfers when the parcel is rented or sold. Therefore, this chapter does not provide for placement of any time limit on a special use permit, except the special use permit may expire or be revoked.
(Ord. passed 11-16-2020)