(a) Special Exception Uses. Special Exception Uses are Uses that are conditionally permitted in a particular Zoning District. A Special Exception Use may be commenced and carried on only after review by the Zoning Board of Adjustment and its issuance of a Special Use Permit. The Zoning Board of Adjustment shall consider a request for a Special Use Permit if the requested Use is expressly designated as a Special Exception Use in this Ordinance or interpreted and classified as such by the Zoning Administrator, for the Zoning District in which the subject property is located. The Zoning Board of Adjustment shall issue a Special Use Permit (granting the special exception) if the required findings are made or deny issuance of a permit if all required findings cannot be made. The Zoning Board of Adjustment may attach reasonable conditions to the issuance of a Special Use Permit to ensure the Special Exception Use's compatibility with other Uses permitted in the Zoning District. If any conditions required or imposed as part of a Special Use Permit are not maintained or carried out or cease to exist, the Board shall revoke the Special Use Permit and the Use shall thereafter be in violation of this Ordinance.
(b) If the Board cannot make all of the required findings, no Special Use Permit shall be issued. If circumstances change sufficiently that the necessary findings might be met in the future, the Board may rehear a similar application.
(c) A Special Use Permit shall be valid for two (2) years in the event that the use is not acted upon, or a Subdivision and/or Land Development Plan has not received approval.
(d) Special Use Permit Procedures.
(1) A written application for a Special Use Permit shall be submitted to the Zoning Board of Adjustment and Zoning Administrator, which application shall specify the Special Exception Use sought and include all materials required for a Zoning Permit. The administrative staff shall review the application and file a written report to the Zoning Board of Adjustment before the hearing.
(2) The Board shall set and hold a public hearing. In order to issue a Special Use Permit, the Board must make the following written findings regarding the Special Exception Use sought:
A. The Use will not materially endanger the public health or safety or constitute a public nuisance if located where proposed and developed according to the plans and information submitted and approved;
B. The Use will not substantially diminish the value of Adjacent Property unless the Use is a public necessity; and
C. The location and character of the Use, if developed according to the plans and information approved, will be in harmony with proximate land Uses, and consistent with the purposes of the Zoning District.
D. If the Board makes the above required findings, a Special Use Permit shall be issued to permit the requested Use, subject however, to any condition stipulated by this Ordinance or determined by the Board to be necessary to ensure that the Use remains compatible with other Uses permitted in the Zoning District and with Adjacent Properties. No Special Use Permit may grant Variances from the requirements of this Ordinance. A Special Use Permit serves as the Zoning Permit for the subject Use and property.
(e) Conditions. The Zoning Board of Adjustment, in issuing Special Use Permits, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other Uses in the same Zoning District. These conditions shall be enforceable by the Zoning Administrator and failure to comply with such conditions shall constitute a violation of this Ordinance.
(f) Sketch Plan Approval. Any Sketch Plan presented in support of an application for a Special Use Permit shall become an official part of the record for said matter. Issuance of a Special Use Permit will bind the Use in accordance with that reflected in the submitted Sketch Plan. Therefore, should a change in the Sketch Plan be required as part of the approval of the Use, the applicant shall revise the Sketch Plan prior to the issuance of the Special Use Permit. Any subsequent change to the Special Use aspects having an effect on the originally approved Sketch Plan shall require the obtainment of another Zoning Permit or Special Use Permit, as the case may be.
(g) Variance and Exception Procedures.
(1) A written application for a Variance to the Zoning Ordinance shall be submitted to the Zoning Board of Adjustment and Zoning Administrator, which application shall specify the standard or requirement from which a Variance is sought. The administrative staff shall review the application and file a written report with the Board before the hearing.
(2) The Board shall set and hold a public hearing.
(3) The Zoning Board of Adjustment shall grant the Variance sought if it finds that the Variance:
A. Will not adversely affect the public health, safety or welfare, or the rights of Adjacent Property Owners or residents;
B. Arises from special conditions or attributes which pertain to the property for which a Variance is sought and which were not created by the Person seeking the Variance;
C. Would eliminate an Unnecessary Hardship and permit a reasonable Use of the land; and
D. Will allow the intent of the Zoning Ordinance to be observed and substantial justice done.
(4) If the Board grants a Variance, its actions will be accompanied by its reasons for making the required findings and by its certification that the Variance is the minimum Variance which will make possible the reasonable Use of land, Buildings, or Structures.
(Ord. 2023-02. Passed 4-17-23.)