§42-356.
Special Use Permits
A.
Purpose. Special Use Permits are required where individual consideration of location, design, configuration
and/or operation of a use at a proposed site are necessary to ensure site appropriateness, compatibility with
surrounding uses and the protection of the public health, safety and welfare. Development standards shall
be used as the basis for developing conditions for a permit; however, individualized conditions may also be
imposed throughout the application process. Any use identified which requires a permit shall not be
permitted without the approval of the Zoning Board of Adjustment (ZBA) in accordance with the
requirements and procedures set forth in this subsection.
B.
Permit Issuance. The ZBA shall grant permits. The Zoning Administrator shall issue permits.
C.
Application.
(1)
Pre-application Conference. Each applicant for a permit shall meet with the Zoning Administrator
in a pre-application conference no later than two (2) calendar weeks prior to the date the
application is due. The purposes of this conference are to provide information to the applicant
regarding the review process and assist in the preparation of the application.
(2)
Application. Each application for a permit shall be submitted along with the appropriate fee(s) and
site plan, to the Zoning Administrator on or before the first business day of the month.
Applications may be modified by Zoning Administrator as necessary, who may require the
applicant to supply additional information pertaining to the permit. Incomplete applications must
be resubmitted on or before the first business day of the month or will not be processed until the
following month.
(3)
Review Schedule. Applications for a permit have a 60 day processing period for notification
requirements and review by the Zoning Administrator and Technical Review Committee (TRC)
prior to the public hearing.
(4)
Fees. Any review fee established by the Board of Commissioners shall be submitted with the
application.
D.
Staff Review. Code Enforcement Services Staff shall: (1) process and review all applications for a permit;
(2) present the application to the TRC for its comments and recommendations; (3) forward the application
on to the appropriate departments and agencies for their review; and (4) prepare a staff recommendation for
the ZBA on the permit application.
E.
Formal Review. Prior to taking any action on a permit, the ZBA shall consider the Zoning Administrator’s
recommendation on the permit application. 
F.
Public Hearing. Prior to considering a permit application the ZBA shall hold a public hearing on the
application in accordance with §42-371 (Quasi-Judicial Process Standards). 
G.
Public Notification. Public notification of such hearing shall comply with the provisions of §42-371 (Quasi-
Judicial Process Standards). The Zoning Administrator shall be responsible for all necessary public
notifications.
H.
Quasi-judicial Proceeding. The concurring vote of a four-fifths (4/5) of the members of the ZBA shall be
necessary to grant the permit. Vacant seats and disqualified members are not counted in computing the
simple majority. Any approval or denial of the request must be in writing and be permanently filed with the
office of the ZBA and with the Zoning Administrator as a public record.
(1)
Standards of Review. The ZBA shall not approve a permit unless it makes written findings that the
regulations of this Chapter that set forth specific standards for the use have been met. The ZBA
may consider the type of use, size of the use, size of the property and other relevant factors in
evaluating the permit application. The applicant will not bear the burden of proving that all of the
site standards (as listed below) have been met; however, the applicant will be required to produce
evidence sufficient to rebut any evidence presented that the site standards would not be met or that
a condition is necessary. The applicant may be required, in his/her rebuttal, to show that the
proposed use will:
a.
Not materially endanger the public health, safety or welfare; 
b.
Not substantially injure the value of property or improvements in the area; and
c.
Be in harmony with the surrounding area. 
Additionally the applicant may be required, in his/her rebuttal, to show that the proposed use shall
be located and developed in such a manner as to:
a.
Comply with all applicable local, state and federal statutes, ordinances and regulations; 
  
b.
Be in accordance with the Comprehensive Plan, Long Range Transportation Plans and
Comprehensive Transportation Plans of the County and/or Long Range Transportation
Plans and Comprehensive Transportation Plans of any municipality of the County; 
c.
Minimize the effects of noise, glare, dust, solar access and odor on those persons residing
or working in the neighborhood of the proposed use; and
d.
Minimize the environmental impacts on the neighborhood including the following
groundwater, surface water, wetlands, endangered/threatened species, archeological sites,
historic preservation sites and unique natural areas.
Finally, the applicant may be required, in his/her rebuttal, to show that satisfactory
provision/arrangement has been made (where applicable or required) concerning:
a.
Ingress and egress to property and proposed structures thereon (with particular reference
to automotive/pedestrian safety/convenience and traffic flow/control);
b.
Off-street parking and loading areas;
c.
Utilities (with particular reference to locations, availability and compatibility);
d.
Buffering and landscaping (with particular reference to type, location and dimensions);
and
e.
Structures (with particular reference to location, size and use).
(2)
Conditions. The ZBA may, in granting a permit, prescribe: (1) additional conditions; (2) additional
safeguards; (3) a time limit within which the use shall be begun; and/or (4) a time limit within
which a use shall be completed.
I.
Permit Validity. Upon the issuance of a permit a signed order detailing the conditions of the permit shall be
submitted to the Zoning Administrator. The Zoning Administrator may then issue related permits.
(1)
Permit Revocation. The Zoning Administrator and/or ZBA may revoke a permit if, at any time
after the issuance of the permit, it is found that the conditions imposed on/agreements made with
the applicant have not been or are not being fulfilled by the holder of the permit.
(2)
Implications of Revoked Permit. Where a permit has been revoked the operation of such use shall
be terminated and the use may only be reinstated upon application as in the case of a new matter.