§ 316. Special Permits

316.1.   Purpose.

The purpose of Special Permits to provide individual review of the location, design, configuration, operation and the public need for the particular use at the particular location proposed to assure consistency with this Code and the Comprehensive Plan. Each Special Permit may require the imposition of individualized conditions to achieve such consistency and to ensure that the proposed use is appropriate at its particular location.

316.2.   Special Permit Required.

Those uses listed in the schedule of uses in Chapter 4 as SP may be established in that district only after issuance and recordation of a Special Permit in accordance with this section. The issuance of a Special Permit does not waive the requirements for a building permit or other required approvals.

316.3.   Approval Authority.

The Hearing Officer is hereby authorized to decide all applications for Special Permits and may attach conditions pursuant to Section 312.8.D, rule on the compatibility of proposed uses, or exercise any other discretionary authority except as may be specifically authorized pursuant to this Code. The Hearing Officer may also include terms in Special Permits that impose time limitations, limitations on transfer, and restrictions on renewals or extensions of such permits.

316.4.   Application Requirements.

The Department Director shall establish administrative procedures setting forth the requirements for information to be submitted with any application for a Special Permit.

316.5.   Review Procedures.

A.

Staff Review. All applications for Special Permit shall be reviewed for completeness and sufficiency pursuant to this Chapter. Within a reasonable time after receipt of the sufficiency review comments, the Department Director shall deliver to the Hearing Officer a copy of the application and a written report summarizing the facts of the case, incorporating or summarizing the comments of the Planning Department and the DRC, and schedule a date for a public hearing. The staff report shall include an analysis of compliance with the general and specific standards set forth in this Section and recommended action on the case, including approval, denial or approval with conditions.

B.

Neighborhood Workshop. The applicant shall hold a public workshop per Section 312.6.

C.

Public Hearing on Special Permit. Upon receiving the application, report and recommendation from the Department Director and comments from the DRC, the Hearing Officer shall hold at least one (1) public hearing on an application for a proposed Special Permit in accordance with the procedures set forth in this Code.

316.6.   Standards for Review and Approval.

A Special Permit request shall not be approved unless it meets the following:

A.

The proposed use shall be consistent with the Comprehensive Plan and the requirements of this Code;

B.

The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare;

C.

The establishment of the use shall not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the zoning district;

D.

Adequate measures shall already exist, or shall be taken, to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets;

E.

The use, as proposed, is compatible with the surrounding uses and the general desired character of the area (height, bulk, scale, intensity, traffic, noise, drainage, lighting, and appearance);

F.

Development of the proposed use shall not have a substantial adverse effect on a known archaeological, historical or cultural resource located on or off the parcel proposed for development;

G.

Screening and buffers are proposed of such type, dimension and character to improve compatibility and harmony of the proposed use and structure with the uses and structures of adjacent and nearby properties.

316.7.   Appeals.

See Part X of this Chapter.

316.8.   Effect of Approval.

Issuance of an order approving a Special Permit shall authorize the applicant to proceed through the development process required pursuant to this Code. Any County department responsible for considering an additional required approval (such as site plan, CLOS, Building Permit, Certificate of Occupancy, for example) shall review the application for such additional required approval to assure compliance with the Special Permit and any conditions thereof, and shall not grant any additional approvals for development that does not comply with the Special Permit and any conditions thereof.

Upon the satisfactory completion of all required improvements and applicable approvals required pursuant to this Code, the Special Permit shall authorize the establishment of the approved use, structure and improvements, subject to any conditions of the Special Permit, the requirements of this Code and applicable law.

316.9.   Expiration.

Unless otherwise provided in the order approving the Special Permit, a Special Permit shall automatically expire one (1) year after the date of approval if the next approval in the process (final site plan approval, building permit or certificate of occupancy) has not been issued.

316.10.   Extension.

An extension of this time period may be requested by filing, prior to the expiration, a letter requesting an extension with the Department Director. The letter must state the reasons for the request. No more than one (1) extension may be granted under the provisions of this subsection. Such extensions may not exceed a period of one (1) year from the original date of expiration of the Special Permit.

316.11.   Abandonment.

A Special Permit for any use that is discontinued for longer than one (1) year shall be deemed abandoned, and rendered invalid. Such use may be reestablished only through the approval of a new Special Permit pursuant to this section.

316.12.   Alterations to Approved Special Permits.

Non-substantial amendments to an approved Special Permit may be approved by the Department Director. Any substantial amendment or modification shall require the issuance of a subsequent development order by a Hearing Officer. Substantial amendments include the following:

A.

Any modification to the conditions of approval;

B.

A major shift in the location of a building or structure;

C.

Changes that would affect the project's Certificate of Level of Service;

D.

Changes that will conflict with the applicable zoning district requirements or other requirements of this Code;

E.

An increase or decrease of more than ten (10) percent of the number of parking spaces approved;

F.

Structural alterations affecting the basic size, construction and form of the building(s) as shown on the approved plan. Changes in form will only be considered substantial if they occur within fifty (50) feet of the boundaries of the lot or within fifty (50) feet of any part of the structure subject to the Special Permit which has been constructed or sold to any owner or owners different from the applicant requesting the change;

G.

A reduction in the total amount of open space of more than five (5) percent or any minor change in the location or characteristics of open space;

H.

Major change in the location or type of pedestrian or vehicular access points or circulation.

I.

An increase in intensity or density within five hundred (500) feet of the use subject to the Special Permit boundaries or within two hundred (200) feet of any part of a structure subject to the Special Permit which has been constructed or is now under different ownership;

J.

An increase in number of stories. An increase in structure height of less than eight (8) feet, not resulting in additional stories may be approved administratively.

K.

An increase in height of a telecommunication tower of forty (40) feet or more;

L.

The relocation of a telecommunication tower beyond fifty (50) feet of its original location;

M.

A decrease in the number of pedestrian access points;

N.

A change in the phasing schedule which affects timing or the amount of improvements or the satisfaction of specific conditions.

O.

A reduction of the approved yards setbacks of more than ten (10) percent, and any yard change which would encroach upon or affect any utility or drainage easement.

P.

A change in intensity of use by increasing usable floor area by more than one thousand (1,000) square feet, by increasing the number of dwelling units by more than five (5) percent, or by increasing the area devoted to outdoor sales, displays and demonstrations by more than five (5) percent.

Q.

An increase in traffic generation by more than ten (10) percent.

R.

An increase in the area allocated to any land use type by more than ten (10) percent;

S.

A change in use, except that the addition of any of the following permitted and accessory uses, if no specific approval is required, shall be deemed non-substantial: family care homes, permitted home occupations, bed and breakfast facilities, utility uses, and waterfront structures (residential); provided that any applicable use standards in Chapter 5 shall be met.

316.13.   Recording of Approved Special Permits.

A notice of an approved Special Permit shall be recorded in the official records of the County maintained by the Clerk of the Circuit Court. The purpose of such notice shall be to notify subsequent purchasers of any limitations on the use of the land.