Special uses are those uses having some special impact or uniqueness
that require a careful review of their location, design, configuration,
and special impact to determine, against fixed standards, the desirability
of permitting their establishment on any given site. They are uses
that may or may not be appropriate in a particular location depending
on a weighing, in each case, of the public need and benefit against
the local impact and effect.
[Amended 1-28-2014 by Ord. No. 1-2014; 12-10-2019 by Ord. No. 14-2019; 5-25-2021 by Ord. No. 3-2021; 10-26-2021 by Ord. No. 6-2021; 3-8-2022 by Ord. No.
2-2022[1]]
[1]
Editor’s Note: Section 2 of this ordinance stated that pursuant to § 22.45 of the Hometown Zoning Ordinance, the lawful use of any building existing at the time of the adoption of this ordinance may be continued, although such use does not conform with the provisions hereof. The remaining provisions of Article 13, Nonconforming Uses, of the Hometown Zoning Ordinance shall govern the status of any legal nonconforming use.
(A)
Applications. Applications for special use permits shall be filed
with the Zoning Board of Appeals.
(B)
Public hearing. A public hearing shall be set, noticed, and conducted
by the Zoning Board of Appeals.
(C)
Action by Zoning Board of Appeals. Within 60 days after the conclusion
of the public hearing, the Zoning Board of Appeals shall transmit
to the City Council its recommendation either granting the application
for a special use permit; granting the application subject to conditions,
or denying the application. The failure of the Zoning Board of Appeals
to act within such 60 days, or such further time to which the applicant
may agree, shall be deemed a recommendation for the denial of the
proposed special use permit.
(D)
Conditions on special use permits. The Zoning Board of Appeals may
recommend and the City Council impose such conditions and limitations
concerning use, construction, character, location, landscaping, screening,
and other matters relating to the purposes and objectives of this
Code upon the premises benefited by a special use permit as may be
necessary or appropriate to prevent or minimize adverse effects upon
other property and improvements in the vicinity of the subject property
or upon public facilities and services; provided, however, that such
conditions shall not be used as a device to grant a permit for a special
use that is intended to be temporary in nature.
(E)
Action by City Council. Within 45 days after the receipt of the recommendation
of the Zoning Board of Appeals, or its failure to act as above provided,
the City Council shall either deny the application or, by ordinance
duly passed, shall grant the special use permit, with or without modifications
or conditions. The failure of the City Council to act within such
45 days, or such further time to which the applicant may agree, shall
be deemed a decision denying the special use permit. Any conditions
or limitations imposed on a special use shall be expressly set forth
in the ordinance granting the special use. Violation of any such condition
or limitation shall be a violation of this Code and shall constitute
grounds for revocation of the special use permit.
(A)
General standards. No special use permit shall be granted pursuant
to this section unless the applicant shall establish that:
(1)
Code and plan purposes. The proposed use and development will
be in harmony with the general and specific purposes for which this
Code was enacted and for which the regulations of the district in
question were established.
(2)
No undue adverse impact. The proposed use and development will
not have a substantial or undue adverse effect upon adjacent property,
the character of the area, or the public health, safety, and general
welfare.
(3)
No interference with surrounding development. The proposed use
and development will be constructed, arranged, and operated so as
not to dominate the immediate vicinity or to interfere with the use
and development of neighboring property in accordance with the applicable
district regulations.
(4)
Adequate public facilities. The proposed use and development
will be served adequately by essential public facilities and services
such as streets, public utilities, drainage structures, police and
fire protection, refuse disposal, parks, libraries, and schools, or
the applicant will provide adequately for such services.
(5)
No traffic congestion. The proposed use and development will
not cause undue traffic congestion nor draw significant amounts of
traffic through residential streets.
(6)
No destruction of significant features. The proposed use and
development will not result in the destruction, loss, or damage of
any natural, scenic, or historic feature of significant importance.
(7)
Compliance with standards. The proposed use and development
complies with all standards imposed on that use and any district where
it is a permitted use.
(B)
Considerations. In determining whether the applicant's evidence establishes
that the foregoing standards have been met, the Zoning Board of Appeals
shall consider:
(1)
Public benefit. Whether and to what extent the proposed use
and development at the particular location requested is necessary
or desirable to provide a service or a facility that is in the interest
of the local public convenience or that will contribute to the general
welfare of the immediate neighborhood or community.
(2)
Alternative locations. Whether and to what extent such public
goals can be met by the location of the proposed use and development
at some other site or in some other area that may be more appropriate
than the proposed site. To the extent such use and development is
intended to provide a service or facility to persons not located in
the immediate neighborhood or community, locations outside of the
community may be considered.
(3)
Mitigation of adverse impacts. Whether and to what extent all
steps possible have been taken to minimize any adverse effects of
the proposed use and development on the immediate vicinity through
building design, site design, landscaping, and screening.
(A)
Affidavit of compliance with conditions; fee. Whenever any special
use permit granted pursuant to this article is made subject to conditions
or limitations to be met by the applicant, the applicant shall, upon
meeting such conditions, file an affidavit with the Building Commissioner
so stating. Such affidavit shall be accompanied by a nonrefundable
fee, to be fixed in each case by the Building Commissioner, to recover
the City's actual direct cost of an inspection to verify that such
conditions and limitations have been met.
(B)
Effect of issuance of a special use permit. The grant of a special
use permit shall not authorize the establishment or extension of any
use nor the development, construction, reconstruction, alteration,
or moving of any building or structure, but shall merely authorize
the preparation, filing, and processing of applications for any permits
or approvals that may be required by the codes and ordinances of the
City.
(C)
Time and applicability. Subject to an extension of time granted by
the Building Commissioner, no special use permit shall be valid for
a period longer than one year unless a building permit is issued and
construction is actually begun within that period and is thereafter
diligently pursued to completion or unless a certificate of occupancy
is issued and a use commenced within that period. A special use permit
shall be deemed to authorize only the particular use for which it
was issued, and such permit shall automatically expire and cease to
be of any force or effect if such use shall, for any reason, be discontinued
for a period of six consecutive months or more. Except when otherwise
provided in the ordinance granting a special use permit, a special
use permit shall be deemed to relate to, and be for the benefit of,
the use and property in question rather than the owner or operator
of such use or property.
(D)
Amendments to special use permits. A special use permit may be amended,
varied, or altered only pursuant to the procedures and subject to
the standards and limitations provided in this article for its original
approval.