MapLink™ | Procedures | § 8.3D. Special Use Permit

Hello! Content on this website is provided as a convenience and is for informational use only. Be sure to review the Terms of Use for all of the details related to your use of this website.
§ 8.3D. Special Use Permit
1. Purpose. Special uses are those uses that may have a greater propensity to adversely affect surrounding uses in a zone district and, therefore, require special and individual review of their location, design, configuration, intensity, and density of use or structures to ensure land use compatibility, public facility adequacy, natural resource protection and the public health, safety and welfare of the residents of the City. Conditions of approval may be imposed on a special use that is pertinent to the particular use at a particular location.

2. Authorization.
a) General. The Planning Commission, in accordance with the procedures and standards of this section, shall review, consider and approve, approve with conditions or disapprove special use permits.
b) Uses Authorized. Only those uses authorized as special uses in § 4.1: Use Table, may be approved as special uses. The designation of a use as a special use in § 4.1: Use Table, does not constitute an authorization that such use shall be approved as a special use pursuant to this section. Rather, each proposed special use shall be evaluated by the Planning Commission for compliance with the standards set forth in this section and the applicable supplementary standards for the use in § 4.2: Use-Specific Standards.
3. Procedure. The procedures and requirements for a special use permit shall comply with the requirements of § 8.1: General Provisions.
               Special Use Permit
4. Standards. The Planning Commission shall approve a special use permit if it finds there is evidence in the record that demonstrates all of the following are met:
a) Compatibility. The proposed special use is appropriate for its proposed location and compatible with the character of surrounding land uses and the uses permitted in the zone district(s) of surrounding lands.
b) Zone District Use Standards. The proposed special use complies with § 4.2: Use-Specific Standards.
c) Location and Design Minimizes Adverse Impact. The location and design of the proposed special use minimizes adverse effects, including visual impact of the proposed use on adjacent lands by:
1) Avoiding significant adverse impact on surrounding lands regarding service delivery, parking and loading, odors, noise, glare, and vibration, and does not create a nuisance.
2) Retaining, to the greatest extent possible, the natural features of the landscape where they provide a barrier or buffer between the proposed special use and adjoining lands.
3) Locating buildings, structures, and entryways to minimize impact.
4) Providing appropriate screening, fencing, landscaping, and setbacks.
d) Design Minimizes Environmental Impact. The proposed special use minimizes environmental impacts, and conforms to all relevant environmental protection standards of this Ordinance, or any other state or federal laws.
e) Off-Site Roads. There is adequate road capacity available to serve the proposed special use.
f) Road Ingress and Egress. The proposed special use is designed to ensure safe ingress and egress onto the site and safe road conditions around the site.
g) Impact on Other Public Facilities. There are adequate potable water, wastewater, solid waste, park, police, and fire/EMS facilities to serve the proposed special use.
h) Access for Fire, Police, and EMS. The proposed special use is located and designed so that adequate access onto the site is provided for fire, police, and EMS services.
i) Site Development Standards. The proposed special use complies with the appropriate standards in Chapter 6: General Development Standards.
j) Other Relevant Standards of This Ordinance. The proposed special use complies with all standards imposed on it by all other applicable provisions of this Ordinance for use, layout, and general development characteristics.
5. Conditions of Approval. The Planning Commission may impose, in approving the special use, such conditions on approval of the proposed use, and the premises to be developed or used pursuant to such approval, as it determines are required by the standards of this section and all other relevant standards of this Ordinance to prevent or minimize adverse effects from the proposed use and development on surrounding lands. All conditions imposed on any special use shall be expressly set forth in the special use permit approval.

6. Recording. The Planning Commission may require the applicant to record the special use permit with the County Register of Deeds. The special use permit shall be binding upon the landowners, their successors and assigns.

7. Effect of Special Use Permit. Issuance of a special use permit shall authorize only the particular use, subject to the conditions approved in the special use permit. A special use permit, including any conditions, shall run with the land and shall not be affected by a change in ownership.

8. Expiration. Unless otherwise specified in the special use permit, an application for a construction permit shall be applied for and approved within two years of the date of the approval of the special use permit or the special use permit shall be considered invalid. Permitted time frames do not change with successive owners.

9. Extension. Upon written request, one extension of one year may be granted by the Planning Commission for good cause shown.

10. Amendments. A special use permit may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.

See Table 8.3-1 in § A-8.3A for a list summarizing the development review procedures for all types of applications for development approvals and other permits outlined in this section.