A. 
Purpose. Recognizing that certain types of uses may be customary, desirable or necessary in various districts, but by their nature present certain problems or difficulties, these uses are subject to additional regulation and review in an effort to mitigate these problems or difficulties, minimize the impact of these uses upon the district, and preserve the character of the neighborhoods. These additional requirements are intended to promote the public health, general safety, and neighborhood character of the City of Cortland, New York.
B. 
Applicability. This article is applicable to the uses both permitted and specially permitted, which are listed in Articles II, III, and IV of this chapter. Uses allowable by special permit must obtain Planning Commission approval via the special use permit process prior to operation. Uses permitted by right do not require Planning Commission approval, provided they meet all applicable requirements set forth in this chapter.
A. 
An application for a special use permit shall be filed with the City Clerk.
B. 
The Planning Commission shall refer any application for a property in the Historic Overlay District to the Historic Commission for site plan review and recommendation.
C. 
The Planning Commission shall publish, at least five calendar days prior to the date of the public hearing, a notice of the application and shall also send a copy of such notice to the applicant. Such notice shall be sufficient to identify the property involved and the nature of the proposed action.
D. 
The Planning Commission may approve, approve with conditions, or deny an application for a special use permit, but in any event shall render its decision within 62 days after the hearing.
E. 
A majority vote of the members of the Planning Commission shall be necessary to decide in favor of the applicant for any special use permit. In accordance with General Municipal Law § 239-m, a concurring vote of a majority plus one (four) is necessary to override a recommendation by the Cortland County Planning Commission or the Historic Commission.
A. 
Before granting a special use permit, the Planning Commission shall make the following general findings:
(1) 
The lot area is sufficient, appropriate and adequate for the use;
(2) 
The proposed use will not prevent the orderly and reasonable use of adjacent properties;
(3) 
The site is particularly suitable for the location of the proposed use in the community;
(4) 
The access facilities are adequate for the estimated traffic from public streets or highways, so as to ensure the public safety and to avoid traffic congestion, and further that vehicular entrances and exits shall be clearly visible from the street and not be within 125 feet of the intersection of street lines at a street or highway intersection except under unusual circumstances;
(5) 
There are an adequate number of off-street parking spaces provided for the anticipated use and the layout of the spaces and driveways is convenient and conducive to safe operation;
(6) 
There is adequate buffering, landscaping, and screening provided in accordance with Article IX of this chapter to protect adjacent residential and nonresidential properties and land uses; and
(7) 
The proposed use will comply with all other regulations applicable to such use as listed in § 300-163.
A. 
Adult entertainment businesses. All adult use and entertainment establishments within the City shall be in accordance with Chapter 60, Adult Entertainment Businesses, of the Official Code of the City of Cortland, New York.
B. 
Ancillary parking areas.
(1) 
The parking area must be in the same ownership as the lot being served and a covenant to run with the land must be established for as long as the principal use exists for which the ancillary parking area is provided. If the lot is to serve as a shared parking area, a shared parking agreement must be established with a covenant running with the land for as long as the principal use(s) exist.
(2) 
There shall be no sales, storage, repair work, dismantling or servicing of vehicles of any kind on the parking lot.
(3) 
The entire site area that is traveled by motor vehicles shall be hard surfaced (i.e., asphalt, concrete, or any other surface that does not release dust or debris).
(4) 
There shall be a minimum ten-foot buffer strip along all contiguous property lines, landscaped in accordance with Article IX.
(5) 
Lighting facilities shall be arranged and shielded so that no light will fall on the adjoining property and shall be confined within the boundaries of the parking area.
C. 
Bed-and-breakfasts. In order to protect the residential character of the district in which it is located, a bed-and-breakfast facility shall be limited by the following criteria:
(1) 
A bed-and-breakfast shall only be permitted as a special use in a single-family, detached dwelling.
(2) 
The residential character of the dwelling shall be preserved and no structural alterations, construction features, or site features of a nonresidential nature shall be incorporated. No accessory buildings shall be used for bed-and-breakfast activities.
(3) 
The owner/operator of the bed-and-breakfast shall live full-time on the premises.
(4) 
No more than two nonresidents of the premises shall be engaged as employees of the operation.
(5) 
A bed-and-breakfast shall have a maximum of three guest rooms with no more than two guest rooms sharing a single bath.
(6) 
The maximum length of stay for any guest is 14 consecutive days.
(7) 
Parking shall not be located in the front yard. The Planning Commission shall approve the location and screening of all required parking spaces.
D. 
Car washes. Car washes shall be allowed provided they comply with the following regulations:
(1) 
All washing facilities shall be contained within an enclosed building.
(2) 
Vacuuming facilities may be outside of the building but shall not interfere with the free flow of traffic on or off the site.
(3) 
The entire site area that is traveled by motor vehicles shall be hard surfaced (i.e., asphalt, concrete, or any other surface that does not release dust or debris).
(4) 
In no case shall the perimeter landscaping be less than 10 feet in width along the street frontage(s).
(5) 
A solid masonry wall, fencing, landscaping or any combination thereof shall screen all lot lines abutting or adjacent to residential districts or uses. Said screening shall not be less than four feet, but no more than six feet in height and in accordance with Article IX of this chapter.
(6) 
Where fuel stations are either a principal use with or an accessory use to the car wash, a separate special use permit shall be required.
(7) 
In the event a car wash is abandoned, the owner shall immediately remove any outdoor vacuums and all signs. The owner shall also provide adequate protection against unlawful entry into the building and onto the property and shall close all vehicular entrances to the property. A car wash shall be considered abandoned if it is inactive for a period of 12 consecutive months.
E. 
Drive-through facilities. Drive-through facilities may be allowed as stand-alone facilities or as an accessory use to restaurants, pharmacies, banks, and other permitted or specially permitted uses provided such facilities comply with the following regulations:
(1) 
No stand-alone drive-through facility shall be permitted in the Central Business District. A drive-through facility may be permitted in the rear of a building as an accessory use with issuance of a special permit.
(2) 
Each drive-through facility and its associated use shall provide ingress and egress so as to minimize traffic congestion.
(3) 
Drive-through facilities, including any protective canopies, signage, drive-through travel lanes, or other associated elements, shall meet the setback requirements for the property.
(4) 
Drive-through facilities with an amplified audio/visual system shall be setback a minimum of 30 feet from the property line. These facilities shall not be located adjacent to residential uses or districts.
(5) 
Stacking space for these facilities shall not impede on- or off-site traffic movements. The stacking space shall be delineated from other internal areas through the use of pavement markings that are identifiable during all seasons. The minimum numbers of stacking or queuing spaces required by drive-through activity type are provided below.
Activity Type
Minimum Spaces
Measured From
Automated teller machine
2
Teller or window
Bank teller lane
4
Teller or window
Car wash stall
3
Entrance
Fuel pump island
2
Pump island
Pharmacy
4
Order box
Restaurant, drive-through lane
6
Order box
Vehicular service bay
3
Per bay
Other
Determined by Planning Commission
F. 
Fuel stations. Fuel stations shall comply with the following regulations:
(1) 
In addition to the information required for site plan review, the plan shall also indicate the location, number, capacity, and type of fuel storage tanks, the number of pumps to be installed, and the depth to the tanks.
(2) 
No fuel pumps shall be located within 25 feet of any property line or designated street line.
(3) 
No fuel station shall be located on the same side of the street within 500 feet of another fuel station.
(4) 
No fuel service station or automobile repair shop shall have an entrance or exit for vehicles within 200 feet, as measured along the public street, in which there exists a school, public playground, church, chapel, convent, hospital or public library, and such access shall be not closer to any intersection than 125 feet.
(5) 
Fuel stations may include retail sales of food, convenience items, and minor automotive supplies or liquids provided that the sales of such items are within an enclosed structure and are an accessory use. Sales areas outside of the primary structure may be displayed on the pump islands or the building island only.
(6) 
Fuel stations shall be under the control of an attendant at all times during the hours of operation.
(7) 
All oil drainage pits and hydraulic lifts shall be located within an enclosed structure and shall be located no closer than 50 feet to any property line.
G. 
Home occupations.
(1) 
No persons other than residents of the dwelling may be employed by the home occupation. Additional individuals may be employed by or associated with the home occupation in so far as they do not report to work at the home occupation site.
(2) 
No objectionable noise, obnoxious odors, vibrations, glare, smoke, fumes, dust or other particulate matter, heat, humidity or electrical or electronic interference detectable outside the structure may emanate from the property.
(3) 
The operation of a home occupation shall in no way change or alter the residential appearance or character of the premise or neighborhood in which it is located. Any modifications to the interior or exterior of the residence shall be in compliance with the New York State Uniform Code.
(4) 
There shall be no exterior display or storage of materials, goods, supplies, or equipment related to the operation of the home occupation. Any area used internally for the storage of goods must be included in the calculation of habitable space.
(5) 
No toxic, explosive, flammable, combustible, corrosive, or radioactive materials may be used or stored on the site.
(6) 
Prohibited home occupations include those that would generate adverse impacts to or are incompatible with the existing character of a residential neighborhood. These uses include, but are not limited to, the following: ambulance services, animal care services, motorized vehicle sales or repair, appearance enhancement services, real estate offices, restaurants and the retail sale of goods.
H. 
Multifamily dwellings, new construction. Development applications for newly constructed multifamily dwelling units shall be subject to the following special use requirements:
(1) 
All dwelling units and structures shall comply with the standards set forth in the New York State Uniform Code. Said standards shall take precedence to this chapter should there be a conflict.
(2) 
There may not be less than two and not more than eight units in a single- or two-family attached dwelling group. The maximum length of attached structures shall not exceed 150 feet.
(3) 
Building setbacks.
(a) 
The minimum side and rear setbacks for any multifamily development within a commercial district shall be 30 feet.
(b) 
There shall be at least 30 feet between the front or rear of a building and the front or rear of an adjacent building.
(c) 
There shall be at least 30 feet between the side of a building and the side, front or rear of an adjacent building.
(4) 
Distance between buildings and driveways.
(a) 
No driveway or parking lot should be closer than 25 feet to the front of any building or 10 feet to the side or rear of any building.
(b) 
In the case of an enclosed garage or carport provided as a portion to the main structure, distance requirements for driveways providing access to these accommodations shall not apply.
(5) 
Buildings shall not have large or long continuous wall or roof planes. Varied roof heights, projecting bays, gables, recesses, porches, and other architectural design elements shall be used to visually divide larger buildings. To prevent an out-of-scale, monolithic appearance, larger buildings shall be visually divided into smaller sections no longer than 50 feet in length by gaps, recesses, or other architectural devices in such a way that adjacent buildings and facades define a continuous street wall and pedestrian-friendly streetscape.
(6) 
Multifamily buildings shall be laid out so that multiple entrances face the street. Each entrance shall be connected by sidewalk to the City's public sidewalk system. Garage entrance/exit doors are prohibited on the front facade of buildings.
(7) 
Accessory structures, such as clubhouses, pools, pool buildings, storage buildings, and trash enclosures, shall be located in a manner that does not disturb or encroach upon the streetscape (pedestrian walkways, roadways, etc.).
(8) 
Parking areas may be located in any yard other than the front yard, but no closer than 20 feet from any property line, and shall comply with all other regulations of the district in which the use is located.
(9) 
Each multifamily dwelling development shall provide a recreation area(s) at a standard of 500 square feet for the first 10 units and an additional 100 square feet for each additional five units or fraction of five thereafter. No such recreation area shall contain less than 5,000 square feet. Each such recreation area shall be developed with both passive and active recreation facilities, including the installation of appropriate playground or leisure equipment where applicable.
I. 
Multifamily dwellings, by conversion. The conversion of an existing single-family residential building to a multifamily dwelling shall be required to comply with the following regulations:
(1) 
All dwelling units and structures resulting from conversion shall comply with the standards set forth in the New York State Uniform Code. Said standards shall take precedence to this chapter should there be a conflict.
(2) 
No dwelling unit conversion shall be permitted in a structure with less than 2,500 square feet of gross floor area.
(3) 
No dwelling unit conversion shall be permitted which results in more than four bedrooms. Each dwelling unit shall meet the minimum habitable floor area required below.
Number of Bedrooms
Minimum Unit Size
(square feet)
0 to 1
650
2
800
3
950
4
1,100
(4) 
Any alterations made to the exterior of the building due to the unit conversion shall be completed in such a way to preserve the single-family residential character of said building.
(5) 
No dwelling unit conversion shall be permitted unless the dwelling, following such conversion, complies with all off-street parking and loading regulations required by this chapter.
J. 
Outdoor sales and display. The following requirements shall apply to all commercial operations regardless of the district in which they are located.
(1) 
The display area shall not exceed 15% of the gross floor area of the primary structure.
(2) 
The display area shall not block automotive traffic, private sidewalks, fire lanes, or other travel lanes.
(3) 
Such displays shall be allowed adjacent to a principal building wall and extending to a distance no greater than five feet from the wall.
(4) 
Such displays shall not be permitted to block windows, entrances or exits and shall not impair the ability of pedestrians to use the building.
(5) 
The items for display are labeled for sale and said area shall not be used for storage purposes.
(6) 
Personal garage, lawn, yard, or rummage sales shall be allowed without zoning permits provided that no more than two such sales are held on a single property in any twelve-month period for a maximum duration of no more than seven days, with a minimum of seven days between the ending of a sale and the beginning of a new sale. At the end of a sale, all items that are for sale shall be moved so as not to be visible from the public right-of-way.
K. 
Outdoor storage. The following requirements shall apply to all nonresidential uses within the City of Cortland.
(1) 
Central Business District (CBD), Neighborhood Business (NB) District, Professional Office (PO) District, and General Business 2 (GB-2) District.
(a) 
Outdoor storage shall not be allowed in the front yard;
(b) 
Outdoor storage shall not occupy more than 15% of the entire lot area;
(c) 
All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential districts or uses;
(d) 
Screening shall be of sufficient height and density to completely hide storage from public view, including from streets and other public accessways; and
(e) 
All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times.
(2) 
General Business 1 (GB-1) District.
(a) 
Outdoor storage shall not be allowed in the front yard setback;
(b) 
All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential districts or uses;
(c) 
Screening shall be of sufficient height and density to completely hide storage from public view, including from streets and other public accessways; and
(d) 
All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times.
L. 
Public utilities. Public utility installations shall comply with the following:
(1) 
Such facility shall not be located on a residential street unless no other site is available and shall be so located as to draw a minimum of vehicular traffic to and through such streets. Additionally, the location, design, and operation of such facility shall not adversely affect the character of the surrounding residential area;
(2) 
Such facility shall be surrounded by a fence approved by the Planning Commission;
(3) 
Such facility shall be landscaped in a manner approved by the Planning Commission;
(4) 
To the extent practicable, equipment shall be stored so as not to be visible from surrounding properties; and
(5) 
Any additional requirements determined to be necessary by the Planning Commission through site plan review in order to protect the public's health, safety, and welfare of the public.
M. 
Solar photovoltaic systems. It is the purpose of this regulation to promote the safe, effective and efficient use of installed solar energy systems that reduce consumption of utility delivered energy while protecting the health, safety and welfare of adjacent and surrounding land uses and properties. No solar energy system or device shall be installed or operated in the City of Cortland except in compliance with the following:
(1) 
These regulations apply to all building-mounted systems installed and constructed after the effective date of this chapter.
(2) 
All building-mounted systems are permitted in all zoning districts as an accessory use only to any lawfully permitted principal use on the same property upon issuance of the proper permits and upon compliance with all requirements of this section and as elsewhere specified in this chapter.
(3) 
Ground-mounted solar photovoltaic systems are prohibited.
(4) 
Before any construction or installation on any solar PV system shall commence, a building permit issued by the City of Cortland shall be obtained to document compliance with this chapter.
(5) 
Solar PV systems constructed prior to the effective date of this chapter are not required to meet requirements of this chapter.
(6) 
Any upgrade, modification or structural change that alters the size or placement of an existing solar PV system by 50% or more, or that triggers New York State Code compliance, shall comply with the provisions of this chapter.
(7) 
Building-integrated Solar Energy Systems: Building-integrated systems, as defined by this chapter, are not considered an accessory use and are not subject to the requirements of this article, but are subject to all other applicable building, electrical, and safety codes.
(8) 
The solar PV system must be constructed to comply with the New York State Building and Electrical Code, as amended, and any additional electrical and safety regulations adopted by the State of New York.
(9) 
All systems must be installed by a qualified solar installer as defined by this chapter.
(10) 
All wiring must comply with the National Electrical Code, most recent edition, as amended and adopted by the State of New York.
(11) 
The solar PV system must be constructed to comply with the most recent fire code as amended and adopted by the State of New York.
(12) 
Panels installed on principal or accessory structures must be mounted at the same angle as the roof's surface with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and edge or surface of the system.
(13) 
For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.
(14) 
For a building-mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to four feet above the roof to which it is attached.
(15) 
No element of the system shall reflect glare (as defined by the FAA) onto a neighboring property, public right-of-way, or aircraft flight path.
(16) 
Building-mounted systems (not including conduit) in the Historic and Architectural Design District shall not be visible from the public right-of-way within a 200-foot radius of the property, at a level of five feet from the ground in a similar manner as to any other rooftop HVAC or mechanical equipment. This can be accomplished with architectural screening such as a building parapet or by setting the system back from the roof edge in such a manner that the solar PV system is not visible from the public right-of-way within a 200-foot radius when measured at a distance of six feet from the ground.
(17) 
If a building-mounted system is to be installed on any building or structure that is nonconforming because its height violates the height restrictions of the zoning district in which it is located, the building-mounted system shall be permitted, so long as the building-mounted system does not increase the degree of nonconformity.
(18) 
If a building-mounted system is to be installed on a building or structure on a nonconforming property that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a building-mounted system shall be permitted, so long as there is no expansion of any setback or lot coverage nonconformity and so long as it complies with the other provisions of this chapter.
(19) 
No signage or graphic content may be displayed on the solar PV system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.
(20) 
Disconnect and other emergency shutoff information will be clearly displayed on a light-reflective surface.
(21) 
Twenty-four-hour emergency contact information will be clearly displayed.
(22) 
Systems and sites may not be used for displaying advertising except for reasonable identification of the owner/operator and shall comply with all signage restrictions.
(23) 
The City of Cortland reserves the right to inspect a solar PV system for building or fire code compliance and safety with twenty-four-hour notification to the property owner and/or owner-operator of the system.
(24) 
The solar energy system shall be removed, at the owner's, within 180 days of determination by the designated municipal representative that the system is no longer being maintained in an operable state of good repair or no longer supplying solar power. Such an order shall be in writing, shall offer the option to rectify, and shall notify the owner of their right to appeal such determination.
(a) 
Removal shall include solar collectors, cabling, electrical components, accessory structures, and any associated facilities below grade.
(b) 
Disturbed earth shall be graded and reseeded, unless the designated municipal representative approves a written request by the property owner that internal roads or other site improvements are not to be restored.
(25) 
If upon inspection the City of Cortland determines that a fire code or building code violation exists, or that the system otherwise poses a safety hazard to persons or property, the City of Cortland may order the owner to repair or remove the system within a reasonable time as determined by the Code Enforcement Officer. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found and shall notify the owner of their right to appeal such determination.
(26) 
If an owner fails to repair or remove a solar PV system as ordered, and any appeal rights have been exhausted, the City of Cortland may enter the property, remove the system and charge the owner for all costs and expenses of removal, including reasonable attorney's fees or pursue other legal action to have the system removed at the owner's expense.
(27) 
In addition to any other available remedies, any unpaid costs resulting from the removal of a vacated abandoned or decommissioned solar PV system shall constitute a lien upon the real property against which the costs were charged. Legal counsel of the City of Cortland shall institute appropriate action for the recovery of such cost, plus attorney's fees, including, but not limited to, filing of municipal claims pursuant to for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorney's fees and costs incurred by the City of Cortland in connection with the removal work and the filing of the claim.
N. 
Temporary storage units. The following regulation is intended to ensure enclosed temporary storage units do not negatively impact the residential character of the neighborhoods in which they are placed. Temporary storage units do not require a special use permit provided the following conditions are met:
(1) 
Units shall only be placed in the driveway or, if access exists, at the side or rear of the lot. The unit may not be placed in the front yard.
(2) 
Units may not be placed on lots with no principal building or residential unit.
(3) 
Units shall be set back at least five feet from any lot line and five feet from any structure.
(4) 
Approval from the Zoning Enforcement Officer shall be required if the location of a unit meets either of these conditions:
(a) 
There is no driveway; or
(b) 
The location is on a corner lot.
(5) 
Only one enclosed temporary storage unit may be placed upon any residential lot at one time.
(6) 
Units shall not have a footprint exceeding 130 square feet or a height of more than eight feet.
(7) 
The enclosed temporary storage unit shall be located at such address for a maximum of 30 consecutive days, including the days of delivery and removal.
(8) 
The enclosed temporary storage unit shall be maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks at all times.
(9) 
Solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods for property other than that at the residential property where the enclosed temporary storage unit is located or any other illegal or hazardous material or use is prohibited. This does not include the use of a dumpster for ongoing construction activities.
(10) 
Upon twenty-four-hour notice, the Zoning Enforcement Officer may inspect the contents of any enclosed temporary storage unit at any reasonable time to ensure that it is not being used in a manner prohibited by this section.
O. 
Vehicle sales. Vehicular sales uses shall comply with the following:
(1) 
The sales area shall be paved, suitably graded and drained, and maintained in a neat and orderly manner.
(2) 
Exterior illumination shall be provided that meets the minimum determined by the Planning Commission as necessary to provide adequate security of the premises.
(3) 
Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of operations from all points on such residential property when viewed from ground level.
(4) 
No repairs other than minor repairs shall be performed on the premises. All maintenance, service, and repairs of motor vehicles shall be performed within an enclosed structure. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed structure or screened area. If desired, a vehicular service special use permit must be obtained separately.
(5) 
No vehicles shall be displayed for sale within 10 feet of any property line that abuts a nonresidential district. No vehicles shall be displayed for sale within 30 feet of any property line that abuts a residential district.
(6) 
Perimeter landscaping shall be a minimum of 10 feet in width along the street frontage(s).
(7) 
The retail sales of fuel shall require a separate special use permit.
P. 
Vehicle service stations. Vehicular service stations, motor vehicle repair shops, and service stations shall comply with the following:
(1) 
No motor vehicle sales or storage shall be allowed, unless a separate special use permit application for such use is approved by the Planning Commission.
(2) 
Any such use shall be buffered from adjacent uses by no less than 10 feet. The buffer area shall be in conformance with Article IX in order to prevent the unwanted transmission of headlight glare across the property line.
(3) 
The entire site area that is traveled by motor vehicles shall be hard surfaced (i.e., asphalt, concrete, or any other surface that does not release dust or debris).
(4) 
Perimeter landscaping along the street frontage(s) shall not be less than 10 feet in width.
(5) 
Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of operations from all points on such residential property when viewed from ground level.
(6) 
No outdoor storage of materials, merchandise and equipment shall be permitted during nonbusiness hours.
(7) 
Vehicle repair garages shall not be used for the storage, sale, rental or display of automobiles, trucks, trailers, mobile homes, boats, snowmobiles or other vehicles.
(8) 
All maintenance, service, and repairs of motor vehicles shall be performed fully within an enclosed structure. No motor vehicle parts, partially dismantled motor vehicles, or unlicensed motor vehicles shall be stored outside of an enclosed structure for more than 48 hours.
(9) 
A spill prevention plan shall be provided.
A. 
In any case where a special use permit has not been exercised within the time limit set by the Planning Commission, or within one year if no special time limit has been set, then without further action the special use permit shall be null and void. "Exercised" as set forth in this section shall mean that the principal building is under construction to a substantial degree or that prerequisite conditions involving substantial investment are contracted for, in substantial development, or completed. When construction is not part of the use, "exercised" shall mean that the use is in operation in compliance with the conditions set forth in the special use permit.
A. 
In any instance where the conditions of a special use permit have not been or are not being complied with, the Zoning Enforcement Officer shall immediately issue a stop order to the applicant, which shall list the violations. If the applicant shall not have made substantial effort to comply with the stop order within 10 calendar days, the special use permit shall be revoked.