The special use permit is designed to be used when:

(a)

A special use listed under the land use district is desired would not be appropriate without restrictions and is not permitted by right or conditionally, but allowed through regulations as to the number, area, location, relation to neighborhoods, operations or other pertinent considerations and specification/criteria as specified in this Code; or

(b)

A unique use not addressed in any land use district is desired for development and is not likely to be duplicated within White County.

In order to accommodate these special uses, the special use permit allows the board of commissioners to approve a special use on a particular lot or tract without changing the general land use district. Such approval shall be subject to the requirements set forth below and any additional conditions deemed necessary to ensure the compatibility or reduce conflict of the special use with the surrounding properties. All special use permit applications shall be for firm development proposals only. The special use permit shall not be used for securing early land use for conceptual proposals which may not be undertaken for some time. A special use permit application shall be considered only if it is made by the owner of the property or his/her authorized agent. The minimum requirements for a special use permit are:

(1)

Any uses permitted under a special use permit shall also conform to the requirements of this resolution and the development regulations for the use as found in the land use district.

(2)

Special use permits shall be considered and issued within only those designated districts of this appendix.

(3)

The application and review process for a special use permit shall be the same as for the land use district under which the special use is found. In addition to the information and/or site plans which are required to be submitted for the proposed development, additional information deemed necessary by the director in order to evaluate a proposed use and its relationship to the surrounding area shall be submitted. In the review process, particular emphasis shall be given to the evaluation of the characteristics of the proposed use in relationship to its immediate neighborhood and the compatibility or conflict of the proposed use with its neighborhood.

(4)

In the approval process for a special use permit application, the board of commissioners shall consider the policies and objectives of the comprehensive plan, particularly in relationship to the proposed site and surrounding area, and shall consider the potential adverse impacts on the surrounding area, especially with regard to but not limited to traffic, storm drainage, land values and compatibility of land use activities.

(5)

If an application is approved and a special use permit is granted, all conditions which may have been attached to the approval are binding on the property. All subsequent development and use of the property shall be in accordance with the approved plan and conditions. Once established, the special use shall be in continuous operation. Upon discovery that the operation of the special use has or had ceased for a period of 90 days or more and the owner of the property has not requested voluntary termination of the special use permit, the director shall forward a report to the board of commissioners through the planning commission which may recommend that action be taken to remove the special use permit from the property.

(6)

Changes to a special use or development of a site for the special use shall be treated as an amendment to the special use permit and shall be subject to the same application and review process as a new application.

(7)

The special use for which a special use permit is granted shall commence operations or construction within 12 months of the date of approval by the board of commissioners. If, at the end of this 12-month period, the director determines that active efforts are not proceeding toward operation or construction, a report may be forwarded to the board of commissioners through the planning commission which may recommend that action be taken to remove the special use permit from the property.

(8)

An application for a special use permit in a residential district and which use is proposed to operate in a dwelling or as an accessory use to a dwelling is subject to the following additional requirements:

a.

The special use permit shall be valid for no more than a two-year period. Upon or before the expiration of a special use permit, the owner shall make application to continue the special use permit if continuance is desired. However, after the first two-year period the board of commissioners may waive the two-year time limitation with the concurrence of the planning commission.

b.

The special use shall operate within the dwelling on the property or, if approved by the board of commissioners, in an accessory structure.

c.

The exterior character of the dwelling shall be preserved in its residential state and there shall be no outside evidence of the operation of the special use to the neighborhood, except for any accessory structure approved by the board of commissioners.

d.

The owner of the property shall occupy the property and shall operate any business associated with the special use.

e.

The owner of the property shall submit with the application a signed statement in which he/she agrees that the special use permit, if approved, shall automatically terminate in the event that the property is sold, transferred or otherwise conveyed to any other party, or the business which operates the special use is sold, transferred, otherwise conveyed or discontinued. The owner shall also agree to notify the director in writing upon the occurrence of any of these events.

f.

In addition to the information and/or site plans required by this section, the owner of the property shall submit with the application for a special use permit information regarding the ownership of any business associated with the use, the experience and background qualifications related to the operation of said business, prior similar businesses operated, applicable State of Georgia certifications, licenses and like information.

(9)

The owner of the property approved for a special use may voluntarily request termination of the special use permit by notifying the director in writing. The director shall notify the board of commissioners through the planning commission of the voluntary terminations as they occur and shall change the official land use maps to reflect any voluntary terminations. The approval of a special use permit for a specific use which may be operated by a lessee under a private agreement with a lessor in any non-residential district shall not obligate the board of commissioners to be responsible for or be required to resolve any disputes which may arise out of the voluntary termination of the special use permit by the property owner.

(10)

The planning department shall have the right to periodically examine the operation of the specific use to determine compliance with the requirements of any conditions. If the director determines that the requirements and conditions are being violated, a written notice shall be issued to the owner of the property outlining the nature of the violations and giving the owner of the property a maximum of ten days to come into compliance. If after ten days the violations continue to exist, the director shall forward a report to the board of commissioners through the planning commission, which may recommend that action be taken to remove the special use permit from the property.

(11)

Upon approval by the board of commissioners, a special use permit shall be identified on the official land use maps.

(12)

Upon approval by the board of commissioners of a special use permit, the owner of the property shall be issued a notice from the director, which states the specific use permitted, the requirements of this section and any conditions attached to the approval.

(13)

The building department shall not issue a certificate of occupancy for the specific use unless all requirements and conditions of the special use permit have been fulfilled by the owner of the property.

(Res. No. 2019-09, 6-4-19)

In adopting an amendment to the land use map, or approving a special use permit, the board of commissioners may impose special conditions which it deems necessary in order to make the requested action acceptable and consistent with the purposes of the district(s) involved and to further the goals and objectives of the comprehensive plan. Such conditions may consist of, but are not limited to: setback requirements from any lot line; specified or prohibited locations for buildings, parking, loading or storage areas or other land uses; driveway curb cut restrictions; restrictions as to what land uses or activities shall be permitted; maximum building heights or other dimensions; special drainage or erosion provisions; landscaping or planted area, which may include the location, type and maintenance of plant materials; fences, walls, berms, or other buffering provisions or protective measures; preservation of existing trees or other vegetation; special measures to alleviate undesirable views, light, glare, noise, dust or odor; permitted hours of operation; architectural style; a requirement that the existing building(s) be retained; a requirement that developers must build according to the site plans as adopted; a limitation on exterior modifications of existing buildings; or any other requirement that the board of commissioners may deem appropriate and necessary as a condition of reclassification of use or issuance of a variance or special use permit.

Such conditions:

(1)

Shall only be valid if they are included in the motion approving the amendment for adoption;

(2)

Shall be in effect for the period of time specified in the amendment;

(3)

Shall be required of the property owner and all subsequent owners as a condition of their use of the property;

(4)

Shall be interpreted and continuously enforced by the development director in the same manner as any other provision of this resolution; and

(5)

A building permit shall not be issued until after the presentation and approval by the planning commission and/or the board of commissioners of final site, architecture and development plans required by such conditions.

(Res. No. 2019-09, 6-4-19)

The procedures and review standards for applications for a special use permit shall follow those same procedures and standards set forth in article XIX of this appendix.

(Res. No. 2019-09, 6-4-19)