(1) Purpose
The purpose of the special use approval procedure is to provide a process for reviewing an authorizing uses that, due to their unique and special nature relative to location, design, size, method of operation, circulation, and general impact on the community, need to be evaluated on an individual basis.
(2) Applicability
This section shall apply to all applications for establishment of a special use as may be identified in this code.
(3) Initiation
Any person who has authority to file an application (see § 154.03(B)(1)) for such property may initiate an application for a special use review by filing an application with the Zoning Administrator.
(4) Special Use Review Procedure
The review procedure for a special use review shall be as follows:
(a) Step 1 - Pre-application Conference (Optional)
(i) Prior to filing an application, an applicant may request a meeting with the Zoning Administrator or city staff for a pre-application conference to discuss the proposed special use.
(ii) The applicant shall supply preliminary information to the Community and Economic Development Department in a form established by the Zoning administrator. The applicant shall submit such information according to the established deadlines of the Planning Board's next meeting.
(iii) The purpose of the pre-application conference shall be to review the draft application and related plans with the Zoning Administrator and other staff members, as appropriate, and to identify any initial conflicts between the application and this code.
(b) Step 2 - Application
The applicant shall submit an application in accordance with § 154.03(B), and with the provisions of this section.
(c) Step 3 - Staff Review and Staff Report
(i) Upon determination that a special use review application is complete, the Zoning Administrator shall refer the application to the Planning Board and shall schedule a public hearing.
(ii) Prior to the Planning Board hearing for the special use review, the Zoning Administrator shall review the application and prepare a staff report.
(d) Step 4 - Planning Board Review and Decision
(i) The Planning Board shall hold a public meeting or public hearing (as applicable) on the special use review application within 60 days after the application is determined to be complete.
(ii) The Planning Board shall review the special use review application during a public meeting or public hearing, as applicable. In reviewing the application, the Planning Board shall at a minimum, consider the staff report from the Zoning Administrator and the review criteria of this section.
(iv) When a special use is only subject to review at a public meeting, the Planning Board shall review and make a decision on the application within 90 days from when the application is determined to be complete.
(v) When a special use is subject to review at a public hearing, the Planning Board shall have 45 days of the close of the public hearing to make a decision on the application.
(vi) In making its decision, the Planning Board may approve, approve with modifications or supplementary conditions, or deny the application.
(vii) If approved, the Planning Board shall direct the Zoning Administrator to issue a special use permit listing any conditions specified by the Planning Board in granting its approval.
(5) Special Use Review Criteria
Decisions on a special use review application shall be based on consideration of the following review criteria. All special uses shall be subject to review under the criteria of this section, as applicable, and may be subject to additional use-specific standards.
(a) The proposed special use is established as a special use (may be a principal or accessory use) permitted in the applicable zoning district;
(b) The proposed use is consistent with the spirit, purpose and intent of the comprehensive plan and the general purpose of this code as established in § 154.01(A);
(c) The proposed use complies with any use-specific standards as may be established for the use;
(d) The proposed use shall be adequately served by essential public facilities as listed in § 154.01(E)(2);
(e) Any building or structure constructed, reconstructed, or altered as part of a special use in a residential zoning district shall, to the maximum extent feasible, maintain the exterior appearance of residential buildings of the type otherwise permitted and shall have suitable landscaping, screening, and fencing wherever deemed necessary by the Planning Board;
(f) The proposed use will comply with all applicable development standards, except as specifically altered by the Planning Board in the approved special use;
(g) The proposed use will be harmonious with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area;
(h) The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors;
(i) The circulation on and access to the property shall be so designed as not to create an interference with traffic on surrounding public thoroughfares;
(j) The design of the buildings, structures, and site will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance;
(k) The proposed use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; and
(l) Wherever no specific areas, frontage, height, or setback requirements are specified in provision for a specific special uses, then such use shall be subject to the site development standards for the applicable zoning district (see § 154.04(H)).
(6) Additional Criteria and Conditions
(a) The Planning Board shall be authorized to waive or modify requirements that apply to the special use as may be necessary to achieve compatible development with adjacent land areas as well as in the interest of the community in general where the Planning Board finds that such waiver or modification will further the protection of the general welfare, protect individual property rights, and ensure that the special use will meet the intent and purposes of this code.
(b) The Planning Board may also impose additional conditions, guarantees, and safeguards as it deems necessary to protect the general welfare and individual property rights, and to ensure that the special use will meet the intent and purposes of this code.
(7) Revocation of Special Use Permit
The breach of any condition, safeguard, or requirement shall automatically invalidate the special use permit granted, and shall constitute a violation of this code. Such violation shall be punishable as specified in Section 154.13: Enforcement and Penalties.
(8) Time Limit
(a) A special use permit shall be deemed to authorize only 1 particular special use and said permit shall automatically expire if, for any reason, the special use shall cease for more than 2 years.
(b) The applicant shall submit a completed application for a zoning permit within 1 year of the date the special use permit was issued or the approval shall expire.
(c) Upon expiration of a special use permit approval, a new application, including all applicable fees, shall be required before a special use application will be reviewed.
(d) Upon written request, 1 extension of 6 months may be granted by the Zoning Administrator if the applicant can show good cause for a delay.
(e) The Planning Board may authorize alternative time limits for zoning permit and certificate of occupancy issuance based on the scale of the proposed development.
(9) Reapplication
(a) No application for a special use review, which has been denied wholly or in part by the Planning Board, shall be resubmitted within 1 year of such denial, except on grounds of newly discovered evidence or proof, which the Zoning Administrator deems sufficient to justify reconsideration.
(b) A substantial modification of a request for a special use review may be submitted as a new application, however, without regard to the one-year limitation. Before ruling on the new application, the Zoning Administrator shall first determine if the modification of the request is substantial.
(10) Appeals
Any person or entity claiming to be injured or aggrieved by any final action of the Planning Board shall have the right to appeal the decision to the BZA as established in § 154.03(M).
(Ord. 5-14, passed 3-17-2014)