§ 27-214. Special use permit.

(a)

Purpose. In recognition of certain uses and situations with characteristics which may not blend or harmonize with the uses in the standard zoning districts, the unified government board of commissioners may, by special use permit, authorize the location of specified uses, under such conditions as to operation, site development, signs, time limit, or other conditions as may be deemed necessary to assure that the use will not injure neighboring property or the welfare of the community.

(b)

Applicant. A special use permit application may be initiated by the unified government board of commissioners, planning commission, or upon application of the property owner or owner's agent.

(c)

Applicability. A special use permit application shall be required for all uses so identified pursuant to these regulations or the applicable comprehensive plan.

(d)

Preapplication conference. A preapplication conference is required pursuant to section 27-197.

(e)

Submission requirements. The director of planning shall prepare an application form specifying the information to be submitted in support of a special use permit application. The application shall include at least the following:

(1)

A preliminary development plan as identified in section 27-212(d). A preliminary development plan is not required for the keeping of livestock or home occupations with no exterior or parking modifications.

(2)

A statement of the reasons why the special use permit is being requested.

(3)

All studies as may reasonably be required by the director of planning or his designee.

(f)

Application and review procedures.

(1)

Determination of completeness. Applications shall be submitted to the director of planning or director's designee for a determination of completeness pursuant to section 27-198. An application is complete when all of the items required by these regulations and on the application form are prepared and/or answered, and any required supplemental or additional applications (e.g., comprehensive plan amendment) are submitted with the appropriate fee to the department of urban planning and land use.

(2)

Neighborhood meeting. The applicant shall comply with the requirements for a neighborhood meeting pursuant to section 27-199.

(3)

Staff review. Following a determination of completeness, the staff shall review the application pursuant to section 27-521. As part of the review, staff shall recommend appropriate conditions to be placed on the approval, construction, and continuing function of the special use. Such conditions may be drawn from local, regional, or national standards and requirements.

(4)

Notice and public hearing. Following completion of staff review and such neighborhood meetings as are required, the application shall be scheduled for a public hearing before the planning commission.

a.

Notice shall be provided pursuant to section 27-203.

b.

The planning commission shall consider the criteria listed in subsection (f)(5) of this section in making a recommendation.

c.

Following the final hearing on an application for a special use permit the planning commission shall recommendation approval or denial at the earliest reasonable time, and shall prepare an accurate written summary of the proceedings for the unified government board of commissioners. If the planning commission fails to make a recommendation on a special use permit request within 63 days of the close of the public hearing regarding the application, the planning commission shall be deemed to have made a recommendation of disapproval. The application will be forwarded by the director to the unified government board of commissioners within 50 days of the deemed denial.

(5)

Factors to be considered. Approval or denial of the special use permit shall be based upon consideration of the following factors, in addition to those factors specific to each use:

a.

The character of the neighborhood.

b.

Whether the proposed use will result in increasing the amount of vehicular traffic to the point where it exceeds the capacity of the street network to accommodate it.

c.

Where applicable, hours of operation.

d.

Whether the proposed use is reasonably necessary for the convenience and welfare of the public and will not substantially or permanently injure the appropriate use, visual quality, or marketability of adjoining property.

e.

Whether the noise, vibration, dust, or illumination that would normally be associated with such use is of such duration and intensity as to create problems for nearby property.

f.

Whether the proposed use would pollute the air, land or water.

g.

Compatibility with existing and proposed land uses in the surrounding area.

h.

Whether the use would damage or destroy an irreplaceable natural resource.

i.

The relative gain to the public health, safety, morals, and welfare as compared to the hardship imposed upon the individual landowner or landowners.

j.

The applicant's ability to maintain the use in an "as proposed" condition.

k.

Whether the proposed use would result in overcrowding of land or cause an undue concentration of population.

l.

In general, commercial and industrial special use permits should not be granted adjacent to residential districts.

(6)

Action by unified government board of commissioners. When the planning commission submits a recommendation of approval, conditional approval, or disapproval of a special use permit and the reasons therefore, the unified government board of commissioners shall consider the criteria established in subsection (f)(5) of this section and may take any action consistent with sections 27-205 and 27-206, including:

a.

Adopting such recommendations by ordinance, which may include such conditions as the unified government board of commissioners deems necessary;

b.

Overriding the planning commission's recommendation by a two-thirds majority vote of the membership of the unified government board of commissioners; or

c.

Where there is new material evidence received at the unified government board of commissioners hearing that was not available to the planning commission, then returning such recommendation to the planning commission for reconsideration based on the new evidence.

(7)

Conditional approval of special use permit. In cases in which special use permit applications are conditionally approved by the unified government board of commissioners, the permit shall not take effect until the conditions are fulfilled. Such conditional approval shall expire after one year if the conditions are not met, unless otherwise specified in the approval.

(8)

Duration of approval. Special use permits may be approved at initial issuance for up to two years. Subsequent renewals may be granted for up to five years depending upon the information submitted at the renewal hearing. Race tracks, sanitary landfills, medical waste incinerators and other very large uses may be approved for longer periods.

(9)

Final plan review approval by the planning commission, according to section 27-212(g), is required following unified government board of commissioners' approval of the special permit.

(g)

Exceptions from procedures and fees. Home occupations or keeping of livestock require a fee in the amount established by the director. The procedure shall vary from that established for other special use permits in that upon receipt of recommendations from the planning commission, the unified government board of commissioners may approve or disapprove the special use permit. For these uses, the unified government board of commissioners will not be required to return the matter to the planning commission for reconsideration. A neighborhood meeting is not required for the keeping of livestock or home occupations with no exterior or parking modifications.

(h)

Termination. If a use granted a special use permit is discontinued for a period of six months, or inadequate progress toward initiating the use, such as failing to meet or make progress toward meeting the initial conditions of approval, is made in six months, the special use permit shall no longer be valid. Any use requiring a special use permit from that time on will require a new application and the procedure set out under this section.

(i)

Revocation.

(1)

The unified government board of commissioners may revoke and discontinue a special use permit pursuant to section 27-209 based on the criteria listed in subsection (f)(5) of this section or for any one of the following reasons:

a.

Failure to maintain the premises in such manner as required by ordinance;

b.

Failure to comply with the requirements set forth herein or established by the unified government board of commissioners as a condition for approval;

c.

Failure to construct or maintain the improvements according to the plans presented at the time of approval; or

d.

Unforeseen incompatibility with surrounding or adjacent uses.

(2)

If the unified government board of commissioners revokes the special use permit, it shall set an effective date for discontinuance, and the office of the chief counsel may take appropriate action to ensure compliance.

(Code 1988, § 27-279; Ord. No. O-27-05, § 1, 3-24-2005)