42-355. Special Use Permits

1. Purpose. Special Use Permits are required where individual consideration of location, design, configuration and/or operation of a use at a proposed site are necessary to ensure site appropriateness, compatibility with surrounding uses and the protection of the public health, safety and welfare. Development standards shall be used as the basis for developing conditions for a permit; however, individualized conditions may also be imposed throughout the application process. Any use identified which requires a permit shall not be permitted without the approval of the Zoning Board of Adjustment (ZBA) in accordance with the requirements and procedures set forth in this subsection.
2. Permit Issuance. The ZBA shall grant permits. The Zoning Administrator shall issue permits.
3. Application.
   1. Pre-application Conference. Each applicant for a permit shall meet with the Zoning Administrator in a pre-application conference no later than two (2) calendar weeks prior to the date the application is due. The purposes of this conference are to provide information to the applicant regarding the review process and assist in the preparation of the application.
   2. Application. Each application for a permit shall be submitted along with the appropriate fee(s) and site plan, to the Zoning Administrator on or before the first business day of the month. Applications may be modified by Zoning Administrator as necessary, who may require the applicant to supply additional information pertaining to the permit. Incomplete applications must be resubmitted on or before the first business day of the month or will not be processed until the following month.
   3. Review Schedule. Applications for a permit have a 60 day processing period for notification requirements and review by the Zoning Administrator and Technical Review Committee (TRC) prior to the public hearing.
   4. Fees. Any review fee established by the Board of Commissioners shall be submitted with the application.
4. Staff Review. Code Enforcement Services Staff shall: (1) process and review all applications for a permit; (2) present the application to the TRC for its comments and recommendations; (3) forward the application on to the appropriate departments and agencies for their review; and (4) prepare a staff recommendation for the ZBA on the permit application.
5. Formal Review. Prior to taking any action on a permit, the ZBA shall consider the Zoning Administrator’s recommendation on the permit application.
6. Public Hearing. Prior to considering a permit application the ZBA shall hold a public hearing on the application in accordance with §42-371 (Quasi-Judicial Process Standards).
7. Public Notification. Public notification of such hearing shall comply with the provisions of §42-371 (Quasi- Judicial Process Standards). The Zoning Administrator shall be responsible for all necessary public notifications.
8. Quasi-judicial Proceeding. The concurring vote of the majority of the members of the ZBA shall be necessary to grant the permit. Vacant seats and disqualified members are not counted in computing the simple majority. Any approval or denial of the request must be in writing and be permanently filed with the office of the ZBA and with the Zoning Administrator as a public record.
   1. Standards of Review. The ZBA shall not approve a permit unless it makes written findings that the regulations of this Chapter that set forth specific standards for the use have been met. The ZBA may consider the type of use, size of the use, size of the property and other relevant factors in evaluating the permit application. The applicant will not bear the burden of proving that all of the site standards (as listed below) have been met; however, the applicant will be required to produce evidence sufficient to rebut any evidence presented that the site standards would not be met or that a condition is necessary. The applicant may be required, in his/her rebuttal, to show that the proposed use will:
      
      1. Not materially endanger the public health, safety or welfare;
      2. Not substantially injure the value of property or improvements in the area; and
      3. Be in harmony with the surrounding area.

Additionally the applicant may be required, in his/her rebuttal, to show that the proposed use shall be located and developed in such a manner as to:

1. Comply with all applicable local, state and federal statutes, ordinances and regulations;
2. Be in accordance with the Comprehensive Plan, Long Range Transportation Plans and Comprehensive Transportation Plans of the County and/or Long Range Transportation Plans and Comprehensive Transportation Plans of any municipality of the County;
3. Minimize the effects of noise, glare, dust, solar access and odor on those persons residing or working in the neighborhood of the proposed use; and
4. Minimize the environmental impacts on the neighborhood including the following groundwater, surface water, wetlands, endangered/threatened species, archeological sites, historic preservation sites and unique natural areas.

Finally, the applicant may be required, in his/her rebuttal, to show that satisfactory provision/arrangement has been made (where applicable or required) concerning:

1. Ingress and egress to property and proposed structures thereon (with particular reference to automotive/pedestrian safety/convenience and traffic flow/control);
2. Off-street parking and loading areas;
3. Utilities (with particular reference to locations, availability and compatibility);
4. Buffering and landscaping (with particular reference to type, location and dimensions); and
5. Structures (with particular reference to location, size and use).

2. Conditions. The ZBA may, in granting a permit, prescribe: (1) additional conditions; (2) additional safeguards; (3) a time limit within which the use shall be begun; and/or (4) a time limit within which a use shall be completed.  Conditions imposed by the ZBA must fall within the prescribed statutory authority as described in this Chapter.  Only those conditions mutually approved by the ZBA and applicant may be incorporated into the permit through written consent.

9. Permit Validity. Upon the issuance of a permit a signed order detailing the conditions of the permit shall be submitted to the Zoning Administrator. The Zoning Administrator may then issue related permits once the applicant records the special use permit with the Register of Deeds.
   1. Permit Revocation. The Zoning Administrator and/or ZBA may revoke a permit if, at any time after the issuance of the permit, it is found that the conditions imposed on/agreements made with the applicant have not been or are not being fulfilled by the holder of the permit.
   2. Implications of Revoked Permit. Where a permit has been revoked the operation of such use shall be terminated and the use may only be reinstated upon application as in the case of a new matter.