Williston City Zoning Code
SECTION 27
Special permitted uses.
[Ord. No. 613, Ord. No. 716, Ord. No. 820, Ord. No. 838]
Certain uses, while generally not suitable in a particular zoning district, may under certain circumstances, be acceptable. When such circumstances exist, a Special Use Permit may be granted. Special permitted uses shall be reviewed by the Planning and Zoning Commission for its suitability in the area in which it is proposed. Once granted, and any conditions met, special permitted uses shall be considered as permitted use and shall not be subject to periodic review or cancellation, unless otherwise specified in the order. The permit shall be granted for a particular use and not for a particular person or firm. Special permitted uses shall expire on their own if the property ceases to be used for the special permitted use for a continuous three-year period.
The Planning and Zoning Commission shall hear and decide all special permitted uses specifically authorized by the terms of this ordinance, decide such questions as are involved in determining whether special permitted uses should be granted, and grant special permitted uses with such conditions and safeguards as are appropriate under this ordinance, or deny special permitted uses when not in harmony with the purpose and intent of this ordinance. A special permitted use shall not be granted by the Planning and Zoning Commission unless and until:
A.
A written application for a special permitted use is submitted indicating the section of this ordinance under which the special permitted use is sought and stating the grounds on which it is requested.
B.
A recommendation regarding the special permitted use is received prior to the Planning and Zoning Commission meeting from the appropriate township board if the special permitted use is located in the extraterritorial area.
C.
Any party may appear before the Planning and Zoning Commission in person, by agent, or attorney to provide testimony regarding the special permitted use application.
D.
The Planning and Zoning Commission, following the meeting at which the special permitted use was considered, shall make written findings certifying compliance with the specific rules governing individual special permitted uses, that the special permitted use will not adversely affect the public interest, and that satisfactory provision and arrangement has been made concerning the following, where applicable:
1.
Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.
2.
Off-street parking and loading areas where required, with particular attention to the items in "1" above and the economic, noise, glare, or odor effects of the special permitted use on adjoining properties and properties generally in the district.
4.
Utilities, with reference to locations, availability, and compatibility.
5.
Screening and buffering with reference to type, dimensions, and character.
6.
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.
7.
Required yards and other open space.
8.
General compatibility with adjacent properties and other property in the district.
9.
Use shall not impose a hazard to health or property.
In the event of the failure of the Planning and Zoning Commission to grant or deny the special permitted use within 90 days after receipt of the written application for the special permitted use or upon appeal of the decision of the Planning and Zoning Commission by any party, the Board of Adjustments shall decide the special permitted use. If the decision of the Board of Adjustments should differ from the findings of the Planning and Zoning Commission, the Board shall prepare a written report stating the findings on which their decisions were made.