Duquesne City Zoning Code
SECTION 404
135 Special Use Permit.
[R.O. 2004 § 404.135; Ord. No. 106 § 1, 7-21-2008]
A.
Certain non-conforming uses may be located in Districts "R-1," "R-2," "R-3," "R-4," "C-1" and "C-2" by special written permission of the Commission and approved by the Board of Aldermen after properly posting the property, notifying landowners within one hundred eighty-five (185) feet of the proposed use, followed by a public hearing; provided that in their judgment such use will not seriously injure the appropriate use of neighboring property and will conform to the general intent and purpose of this Chapter and, further provided, that such uses shall comply with the height, area and/or the regulations of the districts in which they may be located, as well as any additional restrictions as may be ordered.
1.
Special uses are those types of uses which, due to their nature, are dissimilar to the normal uses permitted within a given zoning district. Within the various zoning districts, specific uses may be permitted only after additional requirements are complied with as established with this Section.
2.
Submission Of Application. An application [an original and four (4) copies] for special use permit shall be filed with the City Clerk along with the application filing fee. The application shall include the following:
a.
Plan showing existing and proposed building locations, parking areas, location and type of outdoor lighting, interior drives and landscaped buffer strips.
b.
Topography and existing utilities abutting the streets, alleys or easements and the square footage of land within the plot.
c.
Name of owner of land to be utilized with legal description.
d.
Description of architecture and exterior materials to be utilized.
3.
Processing The Application.
a.
Hearing. Upon receipt of the formal application, all accompanying material and filing fee, the City Clerk shall forward copies of the special use permit application and accompanying information to affected public or governmental agencies and the Planning and Zoning Commission. In addition, the following regulations must be followed:
(1)
Applicant shall post a notice on the property in the form of a sign provided by the City Clerk and placement of such sign shall be in the center of the property in question, no more than ten (10) feet from the yard right-of-way and sign must be visible from the street;
(2)
A written notice is mailed by the City Clerk to all landowners (names and addresses provided to the City Clerk by the applicant) within one hundred eighty-five (185) feet of the proposed use;
(3)
A notice concerning the special use request is placed in a newspaper of general circulation by the City Clerk not less than fifteen (15) days prior to the date set for the public hearings;
(4)
A public hearing is held before the Planning and Zoning Commission with the applicant (or agent) in attendance; further, the Planning and Zoning Commission shall submit its recommendation to the Board of Aldermen prior to the date set for the Board's public hearing which must be within thirty (30) days after the close of the Commission's public hearing;
(5)
A public hearing is held before the Board of Aldermen with the applicant (or agent) attending the public hearing.
b.
Findings. The Commission shall submit a report and determination to the Board of Aldermen, which shall include a finding that the use is or is not recommended, based on the following considerations:
(1)
The location and size of the proposed use in relation to the site and to adjacent sites and uses of property and the nature and intensity of operations proposed therein.
(2)
Accessibility of the property to Police, fire, refuse collection and other municipal services; adequacy of ingress and egress to and within the site; traffic flow and control; and the adequacy of off-street parking and loading areas.
(3)
Utilities and services, including water, sewer, drainage, gas and electricity, with particular reference to location, availability, capacity and compatibility.
(4)
The location, nature and height of structures, walls, fences and other improvements; their relation to adjacent property and uses; and the need for buffering or screening.
(5)
The adequacy of required yard and open space requirements and sign provisions.
(6)
The general compatibility with adjacent properties, other properties in the district and the general safety, health, comfort and general welfare of the community.
4.
Time Limit.
a.
Sunset. A special use permit shall expire upon public hearing, unless a building permit is taken within twelve (12) months to effectuate such special permitted use; or if no building permit is required, evidence of use is filed with the Building Inspector.
b.
Abandonment. Once a special permitted use ceases or is abandoned for a period of more than twelve (12) months, the special use permit shall expire upon public hearing; except that the special use permit for an auto salvage yard shall automatically expire if the State license for operating the auto salvage yard lapses for a period of more than six (6) months.
c.
Home Occupation. A special use permit for a home occupation shall not be transferable to a new owner of the real estate.
d.
Expiration As A Condition Of The Permit. A special use permit shall expire on the date specifically stated in the conditions listed on each permit.
B.
Conditions And Guarantees. Prior to granting of any special use permit by the Board of Aldermen, the Planning and Zoning Commission may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use permit as is deemed necessary for the protection of the public interest and to secure compliance with the standards and conditions contained herein. In all cases in which a special use permit is granted, the Planning and Zoning Commission may recommend or the Board of Aldermen may require such evidence and guarantees as may be deemed necessary to ensure that the conditions stipulated are being and will be fully complied with. If the Commission and Board stipulate a time limitation for the special use permit, said special use permit shall be considered for renewal through the application process under Section 404.135(A)(3).