Manchester City Zoning Code
ARTICLE X
Special Uses
Section 405.530 Purpose of Special Use Procedures.
[Ord. No. 99-1145 Art. 6 §5(5.1), 9-20-1999]
The purpose of these special use procedures is to provide for certain uses which cannot be well adjusted to their environment in particular locations with full protection offered to surrounding properties by rigid application of the applicable district regulations. These uses either have unusual characteristics, or have characteristics which are different from those of their immediate surroundings, or are, because of the nature of the use and possible impact, not only on neighboring properties, but on the City as a whole, require the exercise of planning judgment on such matters as location and site plan.
Section 405.540 General Guides and Standards.
[Ord. No. 99-1145 Art. 6 §5(5.2), 9-20-1999]
A.
A special use should be approved only if it is found that the location is appropriate and not in conflict with the City's Master Plan, that the public health, safety, morals and general welfare will not be adversely affected, that such things as adequate utilities, off-street parking facilities and signage consistent with the sign regulations of the City of Manchester will be provided, and that necessary safeguards will be provided for the protection of surrounding property, persons and neighborhood values, and, further, that the building or use will not:
1.
Substantially increase the traffic hazards or congestions,
2.
Adversely affect the character of the neighborhood,
3.
Adversely affect the general welfare of the community,
4.
Overtax the public utilities, or
5.
Adversely affect public safety and health, including substantially increasing fire hazards.
Further, the granting of a special use permit for any of the uses set forth herein shall, in addition to the findings required by Section 405.550 hereof, take into account the matters hereinafter set forth when applicable, and any one (1) or more of such matters may be made a condition of the granting of the special use permit: |
1. | The minimum yard requirements of the district in which the use is to be located are observed. | |
2. | Provision is made for appropriate lighting which will not disturb adjacent property or affect traffic on adjacent rights-of-way. | |
3. | The buffer area requirements of the district in which the use is to be located are observed. | |
4. | The area or necessary portions thereof are adequately fenced so as to prevent unauthorized persons from having access to the area. | |
5. | The off-street parking requirements of the district in which the use is to be located are observed. | |
6. | Appropriate provision is made for paving all parking and drive areas. | |
7. | Appropriate provision is made for all sanitary sewage and stormwater runoff. | |
8. | Adequate provision is made for off-street loading and unloading docks or other facilities. | |
9. | Adequate provision is made for ingress or egress to abutting rights-of-way. | |
10. | There is adequate area for the intended use, which area may be greater than the minimum otherwise specified in this Chapter and which shall be sufficient to protect all surrounding properties, taking into account all aspects of the intended use. | |
11. | In off-street parking for public use or for employees, no sales, dead storage, repair work nor dismantling of automobiles shall be permitted. | |
12. | Adequate provision has been made for the disposition of refuse and rubbish, garbage or other materials and for screening of such facilities. | |
13. | All signage proposed for the use is consistent with the sign regulations of the City of Manchester. | |
14. | Adequate provision is made for noise anticipated for the use so that adjacent property users are not unreasonably disturbed. |
Section 405.550 Application Procedure.
[Ord. No. 99-1145 Art. 6 §5(5.3), 9-20-1999]
A.
Applications for special use permits for new uses, construction, extensions or alterations, or for extensions or alterations of existing uses and uses previously authorized shall be made to the Board of Aldermen on forms provided by the City together with copies of a plot or development plan and necessary descriptive material sufficient to define clearly the intensity and extent of the intended use. The Board of Aldermen, or its designee, shall forthwith refer the application to the City's Planning and Zoning Commission to investigate and report as to the matters set forth in Section 405.540 hereof and as to the effect of such building, buildings, structures or uses upon traffic hazards or congestion, the character of the neighborhood, the general welfare of the community, the public utility facilities and fire hazards. Such fee as shall from time to time be established by the Board of Aldermen shall be paid at the time of the filing of the application to the City Administrator of the City of Manchester and in the event that the Board of Aldermen does not establish such a fee by City ordinance, the fee shall be three hundred dollars ($300.00). Under no condition shall said sum or any part thereof be refunded for failure of the Board of Aldermen to grant said special use permit. The City's Planning and Zoning Commission shall file its report with the Board of Aldermen within ninety (90) days from the date of the first meeting in which such matter is upon its agenda, the Board of Aldermen upon an affirmative vote of a majority of the Board after making a determination that there is no just cause for the Commission's delay, may remove the matter from the Commission's jurisdiction with no report. Nothing herein, however, shall prevent an applicant and the Commission from agreeing to have an application postponed to a Commission agenda beyond the above-referenced ninety-day period. Where deemed necessary, the Commission may require a traffic analysis and/or projected sales figures to assist in evaluating the application. The Building Official may issue building permits without prior approval of the Commission for items of a minor nature such as garages, carports, breezeways, room additions and other accessory buildings not exceeding five hundred (500) square feet in total area, swimming pools or other minor construction in residential districts. Any application for commercial construction, extension or alteration of existing uses and uses previously authorized by this Section, except for minor interior renovations, however, shall be referred to the Commission to investigate and report as to the effect of said building or use upon traffic and fire hazards, the character of the neighborhood and the general welfare of the community.
[Ord. No. 18-2247, 1-21-2019]
B.
In case of an adverse report by the Commission, the Commission shall forward to the Board of Aldermen its separate written report stating the reasons for such adverse report and the reasons for its recommended denial of the application for special use permit.
C.
Each application shall be verified by at least one (1) of the owners, owners under contract or authorized representative of the owners or owners under contract of the property proposed to be used attesting to the truth and correctness of all facts and information presented with the application.
D.
Upon receipt of the report of the City's Planning and Zoning Commission, the Board of Aldermen shall hold a public hearing in relation to the matter, shall give notice of the time and place by causing a notice thereof to be published at least one (1) time in newspaper printed, published or of general circulation in the City of Manchester. The publication of said notice shall be at least fifteen (15) days prior to the date of the hearing. Where a special use for a commercial district is proposed adjacent to residential property, notice by letter shall be given to all other property owners within one hundred eighty-five (185) feet distant from the parcel being considered for the special use permit. The applicant for the special use permit shall supply to the City the names and addresses of all persons to receive notice pursuant to the provisions hereof. Failure of any property owner to receive notice hereunder shall not affect the proceedings hereunder unless the Board of Aldermen shall determine that the failure to receive notice was caused by willful actions.
E.
After such hearing, the Board of Aldermen shall determine whether such exception:
1.
Will substantially increase traffic hazards or congestions.
2.
Will adversely affect the character of the neighborhood.
3.
Will adversely affect the general welfare of the community.
4.
Will overtax public utilities.
5.
Will adversely affect public safety and health, including substantially increasing fire hazards.
6.
Is consistent with good planning practice.
7.
Can be operated in a manner that is not detrimental to the permitted developments and uses in the district.
8.
Can be developed and operated in a manner that is visually compatible with the permitted uses in surrounding area.
9.
Otherwise complies in all respects with the terms and provisions of this Chapter and of the Code of Ordinances of the City of Manchester.
If the findings of the Board of Aldermen be negative as to all subjects referred to in Subsections (1) through (5) above, and be affirmative as to all subjects referred to in Subsections (6) through (9) above, and all applicable matters in Section 405.540 above have been adequately provided for, then the application shall be granted. If the findings of the Board of Aldermen be affirmative as to any of the subjects referred to in Subsections (1) through (5) above, or be negative as to any of the subjects referred to in Subsections (6) through (9) above, or if any of the applicable matters set forth in Section 405.540 are not adequately provided for, then the application shall be denied. |
F.
Any applicant who shall accept and begin its use pursuant to a special use permit granted pursuant to this Chapter shall be deemed to have accepted all of the conditions made a part thereof, and in the event that said applicant shall then or in the future fail to comply with any of the conditions made a part of the special use permit, the Board of Aldermen, after hearing and upon notice having been given, may revoke such special use permit.
G.
Any special use permit granted hereunder shall be deemed to have been abandoned one (1) year after the date of the adoption of the ordinance granting same unless the holder of such special use permit has received within such year a building permit or occupancy permit from the City or other appropriate jurisdiction; except that for good cause shown, the Board of Aldermen for the City of Manchester may grant one (1) or more extensions of time for additional periods not exceeding one hundred eighty (180) days for each such extension within which period such holder shall receive a building permit or occupancy permit.
[Ord. No. 23-2403, 11-20-2023]
Section 405.560 Application For Primary Special Use Permit.
[Ord. No. 99-1145 Art. 6 §5(5.4), 9-20-1999]
If the nature of the special use permit involves more than one (1) of the uses listed in the applicable Section hereof, the applicant may apply for a special use permit which most closely relates to the primary use, provided that the requirements of all related uses shall also be met.
Section 405.570 Conditions.
[Ord. No. 99-1145 Art. 6 §5(5.5), 9-20-1999]
In approving special use permits, the Board of Aldermen shall have the authority to impose such conditions as it determines necessary to satisfy the criteria established in this Article. All conditions relating to or limiting the use, status or operation of the development after issuance of a business license shall be posted in a conspicuous public place on the premises prior to the issuance of the business license. So long as a substantial part of the development remains in single ownership or ownership of any part of the property is retained or held by the developer or by its trustees with duties imposed under the special use permit, or by conditions imposed under authority hereof, such person or persons shall maintain such list of conditions in a conspicuous public place; and failure to do so shall constitute a violation of this Section and be cause for the revocation of the special use permit.
Section 405.580 Denial.
[Ord. No. 99-1145 Art. 6 §5(5.6), 9-20-1999; Ord. No. 06-1705 §1, 9-18-2006]
A.
Upon denial by four (4) members of the Board of Aldermen of an application for a special use permit, the applicant (and the owner of the property, if other than the applicant) shall be notified of the denial and neither the Planning and Zoning Commission nor the Board of Aldermen shall consider any other application for a special use permit concerning the same property, or any part thereof, unless:
1.
Twelve (12) months have elapsed since the date of the denial; or
2.
Five (5) members of the Board of Aldermen vote to reconsider the denied application, provided such reconsideration hereunder shall be only available one (1) time to any applicant or owner of the property, if other than the applicant.
Section 405.585 Transfer.
[Ord. No. 07-1812 §1, 9-4-2007]
A.
No special use permit granted under the terms of this Article shall be transferred without the prior consent of the Board of Aldermen, except that the Director of Planning, Zoning and Economic Development is authorized to approve a transfer of a special use permit provided the following conditions are fully satisfied:
1.
The holder/transferor and the proposed transferee have executed a document prepared by the City which acknowledges the intent of the holder/transferor to transfer such permit and the intent of the proposed transferee to accept such permit subject to all conditions stated in such permit, as well as the terms and conditions of all ordinances of the City of Manchester;
2.
The Director of Planning, Zoning and Economic Development has confirmed, to his/her reasonable satisfaction, that:
a.
The proposed transferee intends to conduct the business which is the subject of such permit in a manner which is, in all material respects, consistent with the manner conducted by the holder/transferor;
b.
Such proposed transferee can and will satisfy all conditions stated in such permit; and
c.
No material change(s) will occur following transfer which will or may cause such use to violate the terms of the permit or any other ordinance of the City of Manchester; and
3.
Within five (5) days following the approval of such transfer, the Director of Planning, Zoning and Economic Development shall advise the Mayor and Board of Aldermen of his/her approval of such transfer, the name of the transferee and the effective date of such transfer.