Rose Hill City Zoning Code
SPECIAL USES
§ 154.175 PURPOSE.
(A) A special use permit is a permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgement and discretion be exercised as well as compliance with specific standards.
(B) The development and execution of this chapter is based on the division of the town into districts within the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are some land uses which are basically in keeping with the intent and purpose of the district where permitted, but which may have an impact on the area around them which can only be determined by review of the specific proposal. These uses may be established, under certain conditions and with proper controls, in such a manner as to minimize any adverse effects. In order to ensure that these uses, in their proposed locations, would be compatible with surrounding development and in keeping with the purposes of the district in which they are located, their establishment shall not be as a matter of right, but only after review and approval of a special use permit as hereinafter provided.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021) Penalty, see § 154.999
§ 154.176 APPLICATION AND FEES.
Applications for special use permits, signed by the applicant, shall be addressed to the Town Board. A fee for the application shall be $35 plus $.50/letter or $5.50/certified letter.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021)
§ 154.177 PROCEDURE FOR REVIEWING SPECIAL USE APPLICATIONS.
(A) The special uses, as specified in the various districts, may be established only after approval by the Town Board.
(B) The Town Board or Board of Adjustment (for issues involving nonconforming situations), shall hold an evidentiary hearing using quasi-judicial procedures on the application for a special use permit in accordance with the procedures of § 154.279 herein.
(C) Town Board. The Board shall approve, modify, or deny the application for special use permit following the evidentiary hearing. In granting a special use permit, the Board, with due regard to the nature and state of all adjacent structures and uses, the district within which same is located, shall make written findings that the following are fulfilled:
(1) The use requested is listed among the special uses in the district for which application is made; or is similar in character to those listed in that district;
(2) The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor adversely affect the safety, health, morals, or welfare of the community or of the immediate neighbors of the property;
(3) The requested use is essential or desirable to the public convenience or welfare;
(4) The requested use will be in conformity with the Land Use Plan;
(5) Adequate utilities, access roads, drainage, sanitation, and/or other necessary facilities have been or are being provided;
(6) The adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and
(7) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021) Penalty, see § 154.999
§ 154.178 GENERAL PROVISIONS CONCERNING SPECIAL USE PERMITS.
(A) Compliance with other codes. Granting of a special use permit does not exempt an applicant from complying with all of the requirements of building codes and other ordinances.
(B) Revocation. In any case where the conditions of a special use permit have not been or are not being complied with, the Town Administrator or designees may utilize the remedies outlined in § 154.999 herein.
(C) Expiration. A special use permit shall expire one year after the date of issuance if the work authorized by the approval has not been substantially commenced. If after commencement the work or activity allowed under a special use permit is discontinued for a period of 12 months after commencement, the special use permit shall immediately expire. No work or activity authorized by a special use permit that has expired shall thereafter be performed until a new development approval has been secured.
(D) Duration of conditional use. Any conditions imposed on a special use authorized and exercised shall be perpetually binding upon the property unless expressly limited by the special use permit or subsequently changed or amended by the Board after a public hearing.
(E) Conditions and guarantees. Prior to the granting of any special use, the Board may stipulate any conditions and restrictions upon the establishment, location, reconstruction, maintenance, and operation of special use as it deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this chapter. In all cases in which special uses are granted, the Board shall require the evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.
(1) The conditions may include a time limitation.
(2) Conditions may be imposed which require that one or more things be done before the use requested can be initiated. For example, “that a solid board fence be erected around the site to a height of six feet before the use requested is initiated.”
(3) Conditions of a continuing nature may be imposed. For example, “exterior loud speakers shall not be used between hours of 10:00 p.m. and 9:00 a.m.”
(F) Modification. If a proposed modification deviates from a special use permit, the applicant should seek an amendment of the special use permit in accordance with § 154.177 herein.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021) Penalty, see § 154.999