Hometown City Zoning Code
ARTICLE 14
Special Uses
§ 22.49 Purpose.
Special uses are those uses having some special impact or uniqueness that require a careful review of their location, design, configuration, and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect.
§ 22.50 Procedure.
(A)
Applications. Applications for special use permits shall be filed with the Zoning Board of Appeals.
(B)
Public hearing. A public hearing shall be set, noticed, and conducted by the Zoning Board of Appeals.
(C)
Action by Zoning Board of Appeals. Within 60 days after the conclusion of the public hearing, the Zoning Board of Appeals shall transmit to the City Council its recommendation either granting the application for a special use permit; granting the application subject to conditions, or denying the application. The failure of the Zoning Board of Appeals to act within such 60 days, or such further time to which the applicant may agree, shall be deemed a recommendation for the denial of the proposed special use permit.
(D)
Conditions on special use permits. The Zoning Board of Appeals may recommend and the City Council impose such conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this Code upon the premises benefited by a special use permit as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services; provided, however, that such conditions shall not be used as a device to grant a permit for a special use that is intended to be temporary in nature.
(E)
Action by City Council. Within 45 days after the receipt of the recommendation of the Zoning Board of Appeals, or its failure to act as above provided, the City Council shall either deny the application or, by ordinance duly passed, shall grant the special use permit, with or without modifications or conditions. The failure of the City Council to act within such 45 days, or such further time to which the applicant may agree, shall be deemed a decision denying the special use permit. Any conditions or limitations imposed on a special use shall be expressly set forth in the ordinance granting the special use. Violation of any such condition or limitation shall be a violation of this Code and shall constitute grounds for revocation of the special use permit.
§ 22.51 Standards for special use permits.
(A)
General standards. No special use permit shall be granted pursuant to this section unless the applicant shall establish that:
(1)
Code and plan purposes. The proposed use and development will be in harmony with the general and specific purposes for which this Code was enacted and for which the regulations of the district in question were established.
(2)
No undue adverse impact. The proposed use and development will not have a substantial or undue adverse effect upon adjacent property, the character of the area, or the public health, safety, and general welfare.
(3)
No interference with surrounding development. The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property in accordance with the applicable district regulations.
(4)
Adequate public facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools, or the applicant will provide adequately for such services.
(5)
No traffic congestion. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets.
(6)
No destruction of significant features. The proposed use and development will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.
(7)
Compliance with standards. The proposed use and development complies with all standards imposed on that use and any district where it is a permitted use.
(B)
Considerations. In determining whether the applicant's evidence establishes that the foregoing standards have been met, the Zoning Board of Appeals shall consider:
(1)
Public benefit. Whether and to what extent the proposed use and development at the particular location requested is necessary or desirable to provide a service or a facility that is in the interest of the local public convenience or that will contribute to the general welfare of the immediate neighborhood or community.
(2)
Alternative locations. Whether and to what extent such public goals can be met by the location of the proposed use and development at some other site or in some other area that may be more appropriate than the proposed site. To the extent such use and development is intended to provide a service or facility to persons not located in the immediate neighborhood or community, locations outside of the community may be considered.
(3)
Mitigation of adverse impacts. Whether and to what extent all steps possible have been taken to minimize any adverse effects of the proposed use and development on the immediate vicinity through building design, site design, landscaping, and screening.
§ 22.51.1 Limitations on special use permits.
(A)
Affidavit of compliance with conditions; fee. Whenever any special use permit granted pursuant to this article is made subject to conditions or limitations to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Building Commissioner so stating. Such affidavit shall be accompanied by a nonrefundable fee, to be fixed in each case by the Building Commissioner, to recover the City's actual direct cost of an inspection to verify that such conditions and limitations have been met.
(B)
Effect of issuance of a special use permit. The grant of a special use permit shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits or approvals that may be required by the codes and ordinances of the City.
(C)
Time and applicability. Subject to an extension of time granted by the Building Commissioner, no special use permit shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of occupancy is issued and a use commenced within that period. A special use permit shall be deemed to authorize only the particular use for which it was issued, and such permit shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of six consecutive months or more. Except when otherwise provided in the ordinance granting a special use permit, a special use permit shall be deemed to relate to, and be for the benefit of, the use and property in question rather than the owner or operator of such use or property.
(D)
Amendments to special use permits. A special use permit may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this article for its original approval.