Washington City Zoning Code
ARTICLE V
Special Use Regulations
Section 400.205 Intent And Purpose.
[R.O. 1992 § 400.205; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
Special uses are those types of uses which tend to be problematic because they: (1) have a tendency to generate significant traffic volumes and/or turning movements; (2) have operational characteristics that may have a detrimental impact on adjacent or nearby properties; or (3) have other characteristics which may impact public health, safety, or welfare; but can be approved if such uses meet the criteria established herein. Special uses also include public and quasi-public uses affected with the public interest. In order to ensure that detrimental impacts are avoided or mitigated to a satisfactory level, special uses must be reviewed and may be approved in accordance with the provisions of this Article. Special uses are listed for each zoning district (see Article III, Section 400.120, of this Chapter).
Section 400.210 Council May Authorize Special Use.
[R.O. 1992 § 400.210; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
The City Council, by special permit after public hearing, and subject to such protective restrictions as it deems necessary, may authorize the location, extension, or structural alteration of any one of the buildings or uses listed in each district as a special use.
Section 400.215 Application For A Special Use Permit.
[R.O. 1992 § 400.215; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Written Application To Be Filed. A written application shall be filed with the Zoning Administrator to obtain a special permit for the uses hereinafter set forth in this Section, or for uses previously issued a special use permit where alteration or an extension is requested. The application must be signed by the owner of the parcel for which the special use permit is sought along with the applicant if different than the owner.
B.
Submission To Planning And Zoning Commission. Upon receipt of an application, together with a site plan and necessary descriptive material of the entire parcel, including all permitted and special uses, the Zoning Administrator shall submit the application to the Planning and Zoning Commission.
C.
Application Restriction. No more than one (1) application for a special use permit for the same use shall be submitted by any applicant or owner within a six-month period.
Section 400.220 Planning And Zoning Commission Review.
[R.O. 1992 § 400.220; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
The Commission shall review the application based on the criteria set forth in Section 400.230 of this Article, approve or disapprove the application, and submit a report of its recommendations to the City Council.
Section 400.225 City Council Action.
[R.O. 1992 § 400.225; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
The City Council shall hold a public hearing in accordance with the procedures set forth in Article VII of this Chapter. No action shall be taken upon any applications for a proposed building or use referred to above until and unless the report of the Planning and Zoning Commission has been filed; provided, however, that if no report is received from the Commission within forty-five (45) days, the City Council may proceed with its action upon the application. The City Council shall vote on the special use permit based upon a determination of the criteria set forth in Section 400.230 and following the public hearing.
Section 400.230 Criteria For Reviewing Applications.
[R.O. 1992 § 400.230; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Factors For Consideration. In considering whether or not such application for a special use permit should be granted, it shall be the duty of the Commission and the Council to give consideration to the effect of the requested use on the health, safety, morals and general welfare of the residents of the area in the vicinity of the property in question and the residents of the City generally. In considering the special use, the Commission and the Council may consider, among other factors, the following:
1.
The compatibility of the proposal, in terms of both use and appearance, with the surrounding neighborhood.
2.
The comparative size, floor area and mass of the proposed structure in relationship to adjacent structures and buildings in the surrounding properties and neighborhood.
3.
The frequency and duration of various indoor and outdoor activities and special events, and the impact of these activities on the surrounding area.
4.
The capacity of adjacent streets to handle increased traffic in terms of traffic volume, including hourly and daily levels.
5.
The added noise level created by activities associated with the proposed use.
6.
The requirements for public services where the demands of the proposed use are in excess of the individual demands of adjacent land uses, in terms of police and fire protection, and the presence of any potential or real fire hazards created by the proposed use.
7.
Whether the general appearance of the neighborhood will be adversely affected by the location of the proposed use on the parcel.
8.
The impact of night lighting in terms of intensity, duration and frequency of use, as it impacts adjacent properties and in terms of presence in the neighborhood.
9.
The impact of the landscaping of the proposed use, in terms of maintained landscaped areas versus areas to remain in a natural state, as well as the openness of landscape versus the use of buffers and screens.
10.
The impact of a significant amount of hard-surfaced areas for buildings, sidewalks, drives, parking areas and service areas, in terms of noise transfer, water runoff and heat generation.
Section 400.235 Revocation.
[R.O. 1992 § 400.235; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017; Ord. No. 23-13778, 6-5-2023]
A.
Any special use permit granted by the City Council and not exercised and put to use within one (1) year of the date of the approval of said special use permit shall be vacated and such special use permit shall become null and void, unless extended by the Council.
B.
Suspension or revocation of any special use permit shall be in addition to any other penalty or penalties available to the City by law. Any special use permit approved under this Article may be suspended or revoked for good cause, including, but not limited to, any of the following reasons:
1.
Any failure to comply or any violation of any provision of this Chapter or the regulations promulgated under the authority of this Chapter applicable to the permittee;
2.
Violation of the terms, conditions, safeguards or restrictions upon the special use permit;
3.
Violation of any ordinance of the City regulating the permittee;
4.
Violation of any other Federal, State or local law or regulation pertaining to the permittee or the activities associated with the particular business, establishment or land use;
5.
Failure of the permittee to pay any tax, fee, fine or other governmental charge required by law;
6.
Any misrepresentation or false statement in the application for such permit;
7.
Causing, maintaining or assisting in the cause or maintenance of a nuisance, whether public or private; or
8.
Failure to obtain other necessary governmental permits associated with such land use, business or activities.
C.
In any case in which there is reason to believe a special use permit approved pursuant to this Article may be subject to suspension or revocation, the following procedure shall govern:
1.
The City Council shall decide whether to refer the matter first to the Planning and Zoning Commission for its recommendation. If the matter is referred to the Commission, the Commission shall follow the same procedure for hearing as set forth herein.
2.
The City Council or its designee shall set a hearing to consider the matter. At least ten (10) days prior to such hearing, written notice shall be mailed to the permittee at the last known address as shown in the records of the City Clerk advising the permittee of the time and place of the hearing and of the reason for considering the suspension or revocation of the special use permit.
3.
During the pendency of this hearing the permittee shall be permitted to continue the operation of the business or land use; provided, however, that the pendency of such hearing shall not preclude prosecution for violation of the ordinances of the City occurring during such period.
4.
A hearing officer may be appointed to preside at the hearing. At the hearing, the hearing officer shall hear all relevant evidence justifying the suspension or revocation of the special use permit and all relevant evidence justifying the retention of the permit.
5.
The permittee shall be notified of the results of the hearing in writing.
6.
In the event that a permittee whose special use permit has been revoked pursuant to this Section, or a related entity of a permittee whose special use permit has been revoked pursuant to this Section, shall thereafter apply for a substantially similar permit, the Planning and Zoning Commission and the City Council may take into account the act(s) and circumstances which lead to the revocation in considering the new application.
7.
Any person aggrieved by the determination of the hearing aforesaid may appeal such determination in accordance with this Article. The filing of an appeal shall not stay the outcome of the administrative determination unless the City Council shall suspend the effect of the determination upon request of the aggrieved party.
8.
Any person aggrieved by the decision of the City Council may seek judicial review by filing a petition for same with the Circuit Court of Franklin County within fifteen (15) days of the date of the Council's decision.
Section 400.240 Security.
[R.O. 1992 § 400.240; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
The Planning and Zoning Commission may recommend, and the City Council may require prior to the passage of any ordinance granting a special use permit, a surety bond, escrow cash, or equivalent, to insure the installation, construction and continued maintenance of any landscaping, screening or grading required with respect to any buffer strip, signs or any other additional requirements which form conditions with respect to the granting of a special use permit.