Winchester City Zoning Code
ARTICLE IX
Special Use Permit
Section 405.360 Special Use Permit.
[CC 1981 §440.010; Ord. No. 638 §2(440.010), 11-14-1990; Ord. No. 643 §1, 4-24-1991]
A.
Intent And Purpose. In this zoning ordinance, the City has set forth districts within which the use of land and structures and the bulk and location of structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses, which because of their unique characteristics and features, cannot be classified in a particular district or districts, without consideration, in each case, of the impact of such uses on the health, safety, morals and general welfare of the City. Such uses are therefore treated as special uses. A special use is not the automatic right of any applicant. The City of Winchester reserves the full discretion to deny any such application which is detrimental to the health, safety, morals and general welfare to its residents or areas adjacent to the City.
B.
Authorization. Upon receipt of a recommendation from the Planning and Zoning Board, the Board of Aldermen may, after a legal public notice and hearing, authorize the issuance of a special use permit. In acting upon any application, the Board of Aldermen shall give due consideration to the standards and conditions as prescribed herein and shall grant such permits if it finds, in its judgment, that such action is in the best interest of the public health, safety, morals and welfare of residents of the City of Winchester.
C.
Standards For Special Use Permit Approval.
1.
The Planning and Zoning Board shall not recommend approval of a special use permit and the Board of Aldermen shall not approve said permit unless it shall in each case make specific written findings of fact based directly upon the particular evidence presented to it supporting the conclusion that the proposed special use:
a.
Complies with all applicable provisions of this Section.
b.
The specific site is an appropriate location for such a use and that such location will contribute to and promote the City welfare or convenience.
c.
The use as developed will not adversely affect the health, safety, morals and general welfare of the neighborhood and the inhabitants of the City and areas surrounding the City.
d.
Adequate and appropriate facilities will be provided for the proper and safe operation of the proposed use.
e.
Complies with the City Master Plan (including street and public utility plans) and existing zoning district provisions.
2.
In approving a special use permit the Board of Aldermen may impose conditions and safeguards as are deemed necessary to protect the neighborhood such as, but not limited to, the following:
a.
Requirement of front, side or rear yards greater than the minimum required by this Chapter.
b.
Requirement of additional screening or landscaping of parking areas or other parts of the premises from adjoining premises or from the street, as deemed necessary by the Board.
c.
Place limitations on egress and ingress so as to minimize congestion on the local streets.
d.
Limitations of size, number of occupants, method or time of operation or extent of facilities.
e.
Regulation of number, design and location requirement of off-street parking or other special features beyond the minimum required by this or other applicable Codes or regulations.
D.
Filing Of Application, Review Procedures. The procedures for filing and review of any special use application shall be the same as that provided in this Section 405.360 with the following exceptions.
1.
An application for special use permit can be filed only by the owner or authorized agent of the property in question.
2.
An application form for special use permit must be obtained by the owner or authorized agent and filed with the appropriate administrative office.
3.
The fee for said permit is stated in Section 510.020(3.300).
E.
Extension Or Alterations. Where an existing use which is permitted by special use permit is proposed to be extended or substantially altered in a manner which would in any way change the character or intensity of the use such proposed extension or substantial alteration shall be treated as a special use under this Section.
F.
Period Of Validity.
1.
No special use permit granted by the Board of Aldermen shall be valid for a period longer than one hundred eighty (180) days from the date of granting of the special use permit, unless within such period:
a.
A building permit is obtained and the erection or alteration of the structure is commenced; or
b.
A special use permit is obtained and the use commenced.
2.
The Board of Aldermen may, upon written request of the applicant, grant extensions not exceeding one hundred eighty (180) days each without notice of hearing.