CHAPTER 13: SPECIAL USES
Section 1: General:
A. Special uses are uses which, by their nature, are significantly more intensive than the permitted uses in a zone district, but which can be carried out with particular safeguards to insure compatibility with surrounding land uses. Special uses are, therefore, subject to restrictions, requirements and conditions more stringent than those applying generally within the zone district.
B. Once a special use permit is approved, the terms and conditions of the special use permit shall become the controlling plan for the use of the property and shall not be changed or amended except by application for a new special use permit. Any development or use in violation of the terms of the special use permit shall be deemed a violation of this ordinance.
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Section 2. Duration of Permit:
A. Special use permits shall be deemed to run with the land to which they are attached, and the terms of such permits shall not be modified, abrogated or abridged by change in ownership of such lands.
B. Should the use for which the special use permit was issued not be established within a period of two (2) calendar years, the special use permit shall be deemed to lapse.
C. The zoning administrator may, upon request from the applicant, issue an extension not to exceed twelve (12) months should hardship or unforeseen circumstance preclude establishment of the special use per Section 2B, above.
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Section 3. Pre-Application Review:
A. Prior to submission of an application for a special use permit, the applicant may request a pre-application review to determine whether the proposed special use meets the requirements of this ordinance and the Boundary County Comprehensive Plan and, if not, what measures may be taken to bring about compliance. A request for review shall include all information required by Section 4 of this chapter.
B. Upon receipt of a request for review, the zoning administrator shall consider the facts of the application and provide the applicant a written report of findings based solely on the provisions of this ordinance and the Boundary County Comprehensive Plan. Should the applicant decide to submit an application for a special use permit, this report of findings shall be included in the application documentation.
C. Findings of a pre-application review will not constitute a formal decision and will not waive any of the procedures set forth in this chapter for completion of the application. There shall be no fee for a pre-application review.
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Section 4: Application Procedure:
A. Applications for special use permits shall be made on forms provided by the zoning administrator. These applications shall include:
1. The name, address and telephone number of the applicant and the parcel number of the property on which the special use is proposed.
2. A written description of the proposed use, including the type of activity, hours of operation, estimated number of vehicle trips per day expected as a result of the use, whether the use will be temporary, seasonal or permanent, the size and nature of structures to be built, and actions planned to reduce the effects of the activity on surrounding properties.
3. A site plan showing the property boundaries, general topography, building layout, access, parking, landscaping and other details necessary to clearly depict the nature of the proposed use.
4. An application fee as set forth in Chapter 17.
B. Upon receipt of a completed application for a special use permit, the zoning administrator shall schedule a public hearing on the next available planning and zoning commission agenda, allowing for public notification established at Chapter 16.
C. The commission shall hold public hearing on special use permit applications in accordance with the provisions of Chapter 16. In reaching a decision, the commission will consider the following:
1. That the site plan and other information included in the application provide sufficient detail to provide a clear description of the nature of the use to be allowed under the terms of the special use permit.
2. That there is sufficient land area to accommodate the proposed special use and that the use and accessory structures are so arranged as to minimize adverse effects on surrounding properties.
3. That the proposed special use will not have any substantial adverse effects on adjacent properties or to the general public, and will not create hazards to adjacent property owners.
4. The proposed special use will not create noise, traffic, odors, dust or other nuisances substantially in excess of permitted uses within the zone district.
5. That adequate public services, including water, sewage disposal, roads, fire protection, etc., exist or will be built to accommodate the proposed use.
6. Written and oral comments and testimony submitted by interested persons who would be affected by the special use.
D. Upon conclusion of the public hearing, the planning and zoning commission may:
1. Recommend approval, attaching conditions and terms.
2. Table the application pending receipt of additional information or amendment.
3. Recommend disapproval and specify actions, if any, which may be made by the applicant to obtain approval.
E. The recommendation of the commission shall be submitted to the board of county commissioners and a public hearing shall be scheduled on the next available agenda of the board, allowing for public notification per Chapter 16.
F. The board of county commissioners shall hold public hearing in accordance with the provisions of Chapter 16. The board shall consider the facts of the application, the record of public hearing, the recommendations of the planning and zoning commission, the comments and testimony of interested persons and the provisions of this ordinance and the comprehensive plan. Following public hearing, the board may:
1. Approve the special use permit, attaching terms and conditions.
2. Require that specific changes be made to the application prior to approval.
3. Disapprove the application, specifying what actions, if any, the applicant could take to obtain approval.
G. The final decision on any special use permit application shall be made in writing, setting forth the reason for the decision and the ordinance sections referred to. If the decision is made to approve the application, a special use permit shall be issued, specifying terms and conditions.
(ADDED SEPTEMBER 2003)
H. Upon approval of a special use permit, the specifications in the application and the limits specified on the permit shall be the controlling documents for that use, and any expansion or alteration shall require additional permitting processes.
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Section 5: Terms and Conditions: Terms and conditions to a special use permit shall be clearly designed to minimize potential adverse impacts created by the special use. Conditions may include, but are not limited to:
A. Minimize adverse impact on other development.
B. Control the sequence and timing of development and use.
C. Control the duration of the development or use.
D. Assure that the development or use is properly maintained.
E. Designate the exact location and nature of the use.
F. Require on or off site public facilities or services.
G. Require more restrictive standards than those required in the zone district in which the use or development is to be established.
H. Require measures to mitigate effects of the use upon service delivery by any political subdivision, including school districts, providing services within Boundary County.
I. Require improvements to roads or transportation systems serving the use or development to provide for safe and efficient movement of vehicles to and from the site and to reduce impact on normal traffic patterns.
J. Require specific measures for revegetation, restoration or reclamation of disturbed portions of the site.
K. Require security measures, such as fencing or limited access, to protect users of the site or the general public.
L. Bind the applicant into specific agreements with Boundary County to guarantee construction or maintenance improvements, to ensure that operations are carried out with minimal risk to public health and safety, or to minimize public or county liability which might result from the issuance of a special use permit.
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