§ 270-30. Special Use Permits.

270-30.1   Purpose. The purpose of a Special Use Permit is to provide a process for review of a use that is generally compatible with the use characteristics of a zoning district, but requires individual review of its location, design, height, intensity, configuration and public facility impact to determine the appropriateness of the use for any particular site and its compatibility with adjacent uses.

270-30.2   Authority. The Board of Commissioners shall take final action on applications for Special Use Permits in accordance with the procedures, standards and limitations of the UDO. In order to accommodate these special uses, the Special Use Permit allows the Board of Commissioners to approve a special use on a particular parcel without changing the general zoning district. Such approval shall be subject to the requirements set forth in this UDO and any additional conditions deemed necessary to ensure the compatibility of the special use with the surrounding properties. All Special Use Permit applications shall be for firm development proposals only. The Special Use Permit shall not be used for securing early zoning for conceptual proposals which may not be undertaken for some time.

270-30.3   Special Use Permit Procedure. The application and review process for a Special Use Permit shall be the same as those contained in Section 270-20, herein. In addition to the information and/or site plans which are required to be submitted for the proposed development, additional information deemed necessary by the Director in order to evaluate a proposed use and its relationship to the surrounding area shall be submitted.

270-30.4   Staff Analysis and Recommendation. The Staff analysis and recommendation on each application for a Special Use Permit shall follow the same procedures as those contained in Section 270-20, herein. In the review process, particular emphasis shall be given to the evaluation of the characteristics of the proposed use in relationship to neighboring properties and the compatibility of the proposed use with its surroundings.

270-30.5   Public Hearing Required. The public hearing process, impact analysis and application of the Standards Governing the Exercise of Zoning Power for a Special Use Permit shall be the same as those contained in Section 270-20, herein.

270-30.6   Action by the Board of Commissioners. When considering a Special Use Permit application, the Board of Commissioners shall consider the policies and objectives of the Unified Plan and Future Development Map, particularly in relationship to the proposed site and surrounding area, and shall consider the potential adverse impacts on the surrounding area, especially in regards to but not limited to traffic, storm drainage, land values and compatibility of land use activities. Following its public hearing the Board of Commissioners may:

A.

Approve the proposed special use as presented;

B

Approve the proposed special use with conditions;

C.

Deny the proposed special use in whole or in part;

D.

Refer the matter back to the Planning Commission for reconsideration;

E.

Table final action to a future regularly scheduled business session or public hearing, or table the final action indefinitely.

270-30.7   Special Uses Within or Accessory to a Dwelling. An application for a Special Use Permit in a residential zoning district where the use is proposed to operate in a dwelling or as an accessory use to a dwelling is subject to the following additional requirements:

A.

The Special Use Permit shall be valid for no more than an initial two-year period. Upon or before the expiration of the Special Use Permit, the owner shall make application to renew the Special Use Permit if continuance is desired. As part of a Special Use Permit renewal, the Board of Commissioners may waive any subsequent time limitation.

B.

The special use shall operate within the dwelling on the property or, if approved by the Board of Commissioners, in an accessory structure.

C.

The exterior character of the dwelling shall be preserved in its residential state and there shall be no outside evidence of the operation of the special use to the neighborhood, except for any accessory structure approved by the Board of Commissioners.

D.

The owner of the property or business shall occupy the property and shall operate any business associated with the special use.

E.

The owner of the property shall submit with the application a signed statement in which he/she agrees that the Special Use Permit, if approved, shall automatically terminate in the event that the property is sold, transferred, or otherwise conveyed to any other party; or the business which operates the special use is sold, transferred, otherwise conveyed or discontinued. The owner shall also agree to notify the Director in writing upon the occurrence of any of these events.

F.

In addition to the information and/or site plans required, the owner of the property shall submit with the application for a Special Use Permit information regarding the ownership of any business associated with the use, the experience and background qualifications related to the operation of said business, prior similar businesses operated, applicable State of Georgia certifications, licenses and like information.

270-30.8   Voluntary Termination of a Special Use Permit. The owner of the property approved for a Special Use Permit may voluntarily request termination of the Special Use Permit by notifying the Director in writing. The Director shall notify the Board of Commissioners through the Planning Commission of voluntary terminations as they occur and shall change the official zoning maps to reflect any voluntary terminations. The approval of a Special Use Permit for a specific use which may be operated by a lessee under a private agreement with a lessor in any zoning district shall not obligate the Board of Commissioners to be responsible for or be required to resolve any disputes which may arise out of the voluntary termination of the Special Use Permit by the property owner.

270-30.9   Change in Conditions or Modification of a Special Use Permit. Changes to the conditions or modification of an approved Special Use Permit shall be subject to the same application, review and approval process as a new application, including the payment of relevant fees.

270-30.10   Development of an Approved Special Use.

A.

The issuance of a Special Use Permit shall only constitute approval of the proposed use, and development of the use shall not be carried out until the applicant has secured all other permits and approvals required. The Department shall not issue a Certificate of Occupancy for the specific use unless all requirements and conditions of the Special Use Permit have been fulfilled by the owner of the property.

B.

If an application is approved and a Special Use Permit is granted, all conditions which may have been attached to the approval are binding on the property. All subsequent development and use of the property shall be in accordance with the approved plan and conditions. Once established, the special use shall be in continuous operation. Upon discovery that the operation of the special use has or had ceased for a period of 90 days or more and the owner of the property has not requested voluntary termination of the Special Use Permit, the Director may forward a report to the Board of Commissioners through the Planning Commission which may recommend that action be taken to remove the Special Use Permit from the property.

270-30.11   Compliance with Special Use Permit Requirements. The Planning and Development Department shall have the right to periodically examine the operation of the specific use to determine compliance with the requirements and any conditions. If the Director determines that the requirements and conditions are being violated, a written notice shall be issued to the owner of the property outlining the nature of the violation and giving the owner of the property a maximum of 10 days to come into compliance. If after 10 days the violations continue to exist, the Director shall forward a report to the Board of Commissioners through the Planning Commission which may recommend that action be taken to remove the Special Use Permit from the property.

270-30.12   Actions to be Taken if Plans of Property Owner are not Implemented within Specified Time Limits. The special use for which a Special Use Permit is granted shall commence operations or construction within 12 months of the date of approval by the Board of Commissioners. If, at the end of this 12-month period, the Director determines that active efforts are not proceeding toward operation or construction, a report may be forwarded to the Board of Commissioners through the Planning Commission which may recommend that action be taken to remove the Special Use Permit from the property.

270-30.13   Appeal of a Special Use Permit Decision. Any person, persons or entities jointly or severally aggrieved by any decision of the Board of Commissioners regarding a Special Use Permit application may take an appeal to the Superior Court of the County. The appeal shall be limited to the proceedings and record of the Board of Commissioners. Any appeal must be filed within 30 days of the decision of the Board of Commissioners, and upon failure of such appeal, the decision of the Board of Commissioners shall be final.