§ 158.126. Special exception uses.

Special exception uses, as enumerated in the schedule in section 158.125, shall be permitted only upon authorization by the planning and zoning board or the board of adjustment pursuant to the provisions of section 158.028, and upon public hearing, based upon the following pertinent requirements and other applicable requirements set forth in sections 158.095 through 158.102; provided that such uses shall be found by the planning and zoning board or board of adjustment, as appropriate, to comply with the following requirements and other applicable requirements as set forth in section 158.028. A special exception application, including full payment of an application fee as set forth by resolution of the town commission, shall be submitted to the planning and zoning official for appropriateness and completeness and review in accordance with the procedure set forth in subsections 158.099(A) and (B). The planning and zoning board and zoning board of adjustment shall not receive, review, make recommendations or act on applications for special exceptions except during the town's annual site and development plan season. For purposes of this chapter, the annual site and development plan season shall include the months of September, October, November, December, January, February, March, April, May and June of each year. For purposes of calculating the required processing times set forth in this section for the planning and zoning board and the zoning board of adjustment, the period of time from July 1 through August 31 shall not be counted in said computation. Upon receipt of the application, from the planning and zoning official, the planning and zoning board, or the zoning board of adjustment shall, within 60 calendar days, review the special exception application making their findings in respect to the special exception proposal, as set forth in this section. For purposes of this section the planning and zoning board and the zoning board of adjustment shall receive a special exception application from the planning and zoning official at the board's next regular meeting where a quorum is present following the planning and zoning official's submittal of the application to the board. Special exception applications reviewed by the planning and zoning board or the zoning board of adjustment shall require site plan review, except for home occupations, in accordance with sections 158.095 through 158.103.

(A)

Findings. Before any special exception shall be granted, the planning and zoning board/zoning board of adjustment shall make a written finding that the granting of the special exception will not adversely affect the public interest and certifying that the specific requirements governing the individual special exception, if any, have been met by the petitioner and that, further, satisfactory provision and arrangement has been made concerning the following matters, where applicable:

(1)

Compliance with all elements of the comprehensive plan.

(2)

That the use is a permitted special exception use as set forth in the schedule of use regulations.

(3)

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

(4)

Off-street parking and loading areas, where required, with particular attention to the items in (3) above and the economic, noise, glare, or other effects of the special exception on adjoining properties and properties generally in the district.

(5)

Refuse and service areas, with particular reference to in subsections (3) and (4) above.

(6)

Utilities, with reference to locations, availability and compatibility.

(7)

Screening and buffering with reference to type, dimensions and character.

(8)

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effects, and compatibility and harmony with properties in the district.

(9)

Required yards and other open space.

(10)

That the use conforms with all applicable regulations governing the district where located.

(11)

Considerations relating to general compatibility with adjacent properties and other property in the district, including but not being limited to:

(a)

Whether the proposed use would be contrary to the land use plan and would have an adverse effect on the comprehensive plan.

(b)

Whether the proposed use would be compatible with the established land use pattern.

(c)

Whether the proposed use would materially alter the population density pattern and thereby increase or overtax the load on public facilities such as schools, utilities and streets.

(d)

Whether changed or changing conditions find the proposed use to be advantageous to the community and the neighborhood.

(e)

Whether the proposed use would adversely influence living conditions in the neighborhood.

(f)

Whether the proposed use would create or excessively increase traffic congestion or otherwise affect public safety.

(g)

Whether the proposed use would create a drainage problem.

(h)

Whether the proposed use would seriously reduce the flows of light and air to adjacent areas.

(i)

Whether the proposed use would adversely affect property values in the adjacent area.

(j)

Whether the proposed use would be a deterrent to the improvement or development of adjacent property in accordance with existing regulations.

(k)

Whether the proposed use would be out of scale with the needs of the neighborhood or the town.

(B)

Expiration. Any special exception shall expire the later of 24 months from the date of grant, or the date of the site plan expiration, as applicable, unless appealed and extended by action of the town commission, if by that date the use for which the special exception was granted has not been commenced. An appeal for extension shall show that commencement of the use is being actively pursued by evidence of an application for a building permit, preliminary plat, or site and development plan, or other evidence satisfactory to the town commission.

(C)

Discontinuance. Any special exception shall expire 12 months following the discontinuance of the use for which the special exception was granted.

(Ord. 90-06, passed 3-19-90; Amd. Ord. 94-16, passed 11-17-94; Amd. Ord. 98-25, passed 7-16-98; Ord. 2014-07, § 2, passed 4-7-14)