(a)

Power of town commission. The town commission shall have the power to hear and decide when special exceptions should be granted; and to grant special exceptions with appropriate conditions and safeguards or to deny special exceptions when they would not promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity or the general welfare, in accordance with the special exception review process of this section.

(b)

Special exception review process.

(1)

Applicant petition. Any owner of real property may apply for special exception zoning by filing an application with the land use official. The application shall be on a form developed by the land use official and be in writing. It must identify the parcel owner,

the legal description, the address of the parcel and a description of the proposed land use/special exception and conformance with special exception criteria. The application shall also include, but is not limited to the following:

a.

Site and development plan at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, offstreet parking and offstreet loading areas and refuse and service areas; required yards and other open spaces;

b.

Plans for open space, screening and buffering with reference as to type, dimensions, and character;

c.

Proposed landscaping and signs and lighting, including type, dimensions, and character;

d.

Other elements required for concept plan review [see subsection 34-40(c)];

e.

In cases where a special exception is required, the special exception process must be completed prior to any application for development plan review. The development plan approved for the special exception should serve as the concept plan in the development review process.

(2)

Advisory review by planning commission and planning commission report. All proposed special exception applications shall be publicly reviewed and heard in the first instance by the planning commission although the planning commission's recommendations shall be only advisory to, and not binding on, the town commission. The planning commission shall hold a public hearing to consider the proposed special exception application. The land use officer shall set a reasonable time for the hearing, give public notice thereof, post notice on the property, and provide due notice to the parties involved and to property owners, listed on the most recent tax roll, within 400 feet of the proposed special exception property. The hearing may be transcribed at the expense of the applicant.

a.

Following the public hearing at which the special exception application is reviewed by the planning commission, the planning commission shall submit a report to the town commission containing findings and recommendations concerning the proposed special exception. The planning commission's report shall be advisory only to the town commission. The report shall address each of the criteria for special exception listed in this section.

(3)

Town commission review. The town commission shall, after required public notice, consider the application. The town commission shall set a reasonable time for a public hearing to consider the application. The town commission may reject or adopt, in whole or in part, the findings or recommendations of the planning commission and is not bound by any such advisory findings or recommendations. The town commission shall consider, approve, approve with conditions, or deny, the application for special exception upon review of the criteria in this section. The applicant shall be afforded an opportunity to present evidence in support of the application. The hearing may be extended to accommodate either the town commission or the applicant.

a.

The town commission shall consider and weigh each of the following criteria for the special exception. After consideration, and any public testimony, if the town commission finds that the criteria are substantially met, then the town commission shall approve the special exception, with or without conditions.

(4)

Special exception criteria. The applicant must provide sufficient evidence to demonstrate that the special exception use is consistent with the Land Development Code with special emphasis on the following criteria:

a.

Will not create any traffic congestion or safety issues. The proposed site plan shall include safe and convenient ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Standards for the assessment of traffic issues will include but not be limited to: The adopted level of service, the trip generation rate of the proposed use when compared to neighboring uses, the ability of the site to accommodate peak vehicular traffic on site without affecting traffic flow or ingress/egress of adjacent uses, driveways for the proposed use shall be at least 25 feet from all other existing driveways;

b.

Includes adequate offstreet parking and loading areas and appropriate space for any other activities taking place outside a building, where proposed, with particular attention to reasonable precautions to minimize noise, glare, dust and fumes. Standards for the assessment of parking and loading issues will include but not be limited to: space for turning movements of delivery trucks on site;

c.

Includes adequate provision for refuse and service areas. Standards for the assessment of refuse and service areas will include but not be limited to: The distance or visibility from any adjacent or nearby residential uses especially those located in single-family residential zones;

d.

Includes adequate provision for utilities;

e.

Includes adequate landscape screening and buffering depending on the type, dimensions, and character of the design for the special exception. Standards for the assessment of screening and buffering issues will include but not be limited to: The distance or visibility from any adjacent or nearby residential uses, especially those located in single-family residential zones;

f.

Incorporates signage, if any, and proposed exterior lighting in accordance with all other applicable requirements of the Town of Inglis Land Development Code;

g.

Complies with the comprehensive plan;

h.

Does not unreasonably impact the load on public facilities such as schools, utilities, and streets;

i.

Does not create unmitigated environmental impacts that would not otherwise be subject to the jurisdiction of federal, state or regional authorities.

j.

Appropriate measures have been taken to reduce noise, glare, smoke, odor, dust, fumes and vibrations and general negative effects of the special exception on adjoining properties and properties in the area; impermeable containment of adequate size must be used to contain potential spills of on-site solvents, chemicals and/or materials of a hazardous nature.

k.

In the process of assessing the criteria above, all matters of compatibility shall be assessed using a methodology that takes into account the following factors when compared to the expected intensities of the proposed special exception use: site suitability, the zoning pattern in the vicinity, surrounding and nearby uses, potential drainage impacts to surrounding properties, compatibility adjacent and nearby natural resources and open spaces.

The findings of the planning commission as presented in the planning report are unique to the project under review and are not applicable to any other request for a special exception.

(5)

Findings of the town commission. Following the public hearing, the town commission shall include specific findings upon which it shall base its approval or denial of the special exception application.

(6)

Approval. If approved, or approved with conditions, the town commission shall duly promulgate a resolution containing such approval, consistent with the Town of Inglis Comprehensive Plan.

a.

Approval of a special exception use shall extend to all successors and assigns of title to the subject property, unless approval of the special exception is granted specifically to the applicant and such approval is documented in the adoption resolution.

b.

Approval of a special exception shall expire after one year, however, a 12-month extension may be recommended by the planning commission and granted by the town commission.

(7)

Denial. If the town commission denies a special exception application, it shall state fully in its findings, its reasons for doing so. Such reasons shall take into account the factors stated in this section, or such of them as may be applicable to the action of denial, and the particular regulations relating to the specific special exception requested, if any.

a.

Following a denial by the town commission an applicant may not reapply for the same special exception for a period of one year from the date of the denial.

(8)

Appeals. Appeals of decisions of the town commission shall be to the circuit court.

(Ord. No. 08-07, § 1(Att. A), 12-11-07; Ord. No. 05-09, § 1, 9-8-09)