Moreau City Zoning Code
ARTICLE V
Special Use Permits
§ 149-29 General provisions.
[Amended 4-7-1998 by L.L. No. 4-1998]
A.
After due public notice and hearing and after taking into consideration the public health, safety and general welfare and subject to appropriate conditions and safeguards, the Board of Appeals may issue special permits for any of the uses for which this chapter requires the obtaining of such permit or for the extension of a building or use which existed at the time of passage of this chapter into a contiguous more restrictive district for a distance not exceeding 50 feet, but not for any other use or purpose.
B.
After due public notice and hearing and after taking into consideration the public health, safety and general welfare and subject to appropriate conditions and safeguards, the Planning Board may issue special permits for telecommunication towers and related facilities or for collocation upon existing towers or tall structures as provided in § 149-50.1 hereof.
§ 149-30 Application requirements.
When applying for a special use permit, the applicant shall provide the Zoning Board of Appeals with a completely documental description of the proposed use, including maps, plans and an explanation indicating why the proposed use would be in the public interest. After review of the application, the Board of Appeals may request such additional information as it deems necessary to fully and adequately review the proposed use. Such information may include, but not be limited to:
A.
Topographic and boundary surveys.
B.
Soils test and information.
C.
Utility plans.
D.
Location of watercourses, wetlands and floodplains.
E.
Grading and drainage plan.
F.
Location, use and height of all buildings.
G.
Location, design and construction materials of all parking and truck-loading areas, with access and egress drives thereto.
H.
Provisions for pedestrian access.
I.
Location of outdoor storage, if any.
J.
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
K.
Description of the method of sewage disposal and location, design and construction materials of such facilities.
L.
Description of the method of securing public water and location, design and construction materials of such facilities.
M.
Location of fire and other emergency zones, including the location of fire hydrants.
N.
Location, design and construction materials of all energy distribution facilities, including electrical, gas or solar energy.
O.
Location, size and design and construction materials of all proposed signage.
P.
Location and proposed development of all buffer areas, including indication of existing vegetative cover.
Q.
Location and design of outdoor lighting facilities.
R.
Designation of the amount of building area proposed for retail sales or similar commercial activity.
S.
General landscaping plan and planting schedule.
T.
Other elements integral to the proposed development, as considered necessary by the Zoning Board, including identification of any state or county permits required for the project's execution.
§ 149-31 Time limit for action.
After receipt of all required information, as determined by the Zoning Board, the Zoning Board shall hold a public hearing and render a decision on the application within 60 days after the hearing is closed.
§ 149-32 Review standards.
A.
In reviewing a special permit, the Zoning Board shall find that the following conditions are met before issuing a special permit:
(1)
The use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts or reduce property values.
(2)
The location and size of the use, the nature and intensity of the operations involved in or conducted in connection therewith, its site, layout and its relation to streets giving access to it shall be such that traffic to and from the use and the assembly of persons in connection with it will not be hazardous or inconvenient to the neighborhood or conflict with the normal traffic of the neighborhood.
B.
In applying these standards, the Board shall consider, among other things, convenient routes of pedestrian traffic, particularly of children, relation to main traffic thoroughfares and to street and road intersections and the general character and intensity of development of the neighborhoods.
C.
The Board may apply such conditions and safeguards to the permit as are appropriate to protect the public health, welfare, ecology and safety. The Board may also provide that any special permit granted hereunder shall be limited in time to not less than three years, which permits could be renewed upon application to the Board of Appeals upon a showing that no adverse conditions had occurred.
D.
An appellant granted a special permit shall be given 90 days in which to diligently begin to put into effect the use permitted by the granted permit, although the Board of Appeals can increase this period from 90 days up to one year at its discretion.
§ 149-33 Home occupations.
A.
When applying for a special permit for the conduct of a home occupation, the application shall be made to the Zoning Board of Appeals, accompanied by a completely documented description of the proposed use, including maps, plans and an explanation indicating why the proposed use would be in the public interest. After due public notice and hearing, the Board of Appeals may issue a special permit for a home occupation in accordance with the provisions of this chapter, provided that:
(1)
Such usage will not endanger the health, safety, morals or general welfare of the neighborhood or adversely affect the environment.
(2)
Off-street parking spaces are adequate to handle expected attendance.
(3)
The neighborhood character and surrounding property values are not endangered.
(4)
Such use thereof will not cause undue traffic congestion or create a traffic hazard.
B.
In granting such special permit for a home occupation, the Board may specify appropriate conditions in order to protect the public health, safety, ecology and welfare, and, to ensure a continuity of such protection, the Board may provide that any special permit granted hereunder shall be limited in time to not less than three years, which permit could be renewed upon application to the Board of Appeals upon a showing that no adverse conditions had occurred.
§ 149-34 Referral to Planning Board.
The Zoning Board may, at its discretion, refer an application for a special use permit to the Planning Board for an advisory review. The applicant must submit a site plan in triplicate meeting the submittal requirements for a preliminary site plan contained in Article VI to the Planning Board, except that the Planning Board may waive any portion of the surrounding requirements as it may see fit. The Planning Board shall render an advisory opinion with a statement of its reasons and any suggested modifications to the Zoning Board of Appeals within 30 days of receiving the referral from the Zoning Board of Appeals, which shall consider such opinion in its deliberations. Failure on the part of the Planning Board to render an opinion shall constitute an unfavorable referral.