§ 153.086. SPECIAL USE PERMITS.

(A) Generally. In order that this chapter be flexible and reasonable, special uses are provided for herein and require special use permits by the Planning Commission. Conformance to special use standards is required, in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and distinct form that each specific use shall be considered on an individual case. The granting of a special use permit does not negate the requirements for any other permit(s).

(B) Standards for the consideration of special uses. The following standards shall be met and the special use in combination with the location proposed for such use shall not impair the general health, safety and welfare of the community at large. In general, there must be:

(1) Safe access to the property in question and adjacent properties to fire and police protection;

(2) No dangerous or hazardous traffic circulation on and off the site is created by the proposed use;

(3) Transportation design proposals by the applicant if necessary, which will mitigate any potential traffic impact by the proposed use;

(4) An appropriate relationship, similarity and compatibility between the location and scale of the proposed use to the size and type of uses, structures and buildings currently existing in the immediate vicinity, and which collectively comprise the overall character of the area;

(5) The special use shall not decrease the market value of adjacent buildings, uses and structures which are permitted by right under current zoning, if the proposed use is granted;

(6) The proposed use, the nature and intensity of the activities involved, the size of the site with respect to existing and future streets, parks and drainage systems will be in harmony with existing or proposed facilities in the area or district in question;

(7) The applicant’s proposed use, its location and intensity and the height of its buildings, walls, fences and other structures shall not adversely impact the character of the area;

(8) The special use shall not cause any hazards arising from storage and use of inflammable fluids; and

(9) The special use shall not be environmentally objectionable to nearby properties by reason of noise, fumes, pollution, vibration or lights to an extent which is more than would be the operations of any use permitted by right for that district wherein the special use is proposed.

(C) Conditional approval. Reasonable conditions may be required with the approval of a special land use by the Planning Commission. The conditions may include but are not limited to conditions necessary to ensure that public service and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:

(1) Be designed to protect natural resources, the health, safety and welfare of the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole;

(2) Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity;

(3) Be necessary to meet the intent and purpose of the zoning ordinance, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards; and

(4) The conditions imposed with respect to the approval of a special land use shall be recorded in the record of the approved action, and shall remain unchanged except upon the mutual consent of the Planning Commission and the landowner. The Planning Commission shall maintain a record of conditions which are changed.

(D) Required findings. Before granting a special land use permit in addition to finding that it meets all of the previously stated requirements, the Planning Commission must find that:

(1) The proposed use will not adversely affect existing adjacent uses within 500 feet; and

(2) There will be no adverse effect upon the public health, safety or general welfare and that it will not impair the intent of this chapter.

(E) Special use permit, site plan approval required; public hearing. Site plan approval by the Planning Commission is required for all special use permits. Site plans may be initially reviewed by the Zoning Administrator for content. A hearing on an application for special use permit shall not be required unless requested by the approving body, the subject property owner or an owner or occupant of property located within 300 feet of the subject property, and notice of the public hearing shall be given pursuant to § 153.126.

(F) Time limitation. A special use permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease to function for more than 12 months for any reason, or has not begun within 12 months from date of issuance.

(G) Existing violations. No permit shall be issued for a special use for a property where there is an existing violation of this chapter.

(H) Basis for decision in writing. It is further provided that in granting or denying a special use permit, the Planning Commission shall specify in the written decision the particular reason relied upon and its relation to the proposed one.

(I) Appeals. Any and all appeals regarding a decision or condition imposed upon a special use applicant must be made to the Zoning Board of Appeals within 30 days from the date of decision or imposed condition.

(J) Uses authorized by special use permit. The following uses are authorized by special permit: automobile service stations, vehicular scale areas, repair shops and garages.

(Ord. 21, passed 8-2-1993; Ord. 2012-02, passed - -2012)