[Ord. No. 4, 2-3-2021]
(a) 
The purpose of this division is to set forth additional requirements which shall apply to certain land uses and activities which due to their characteristics, or the special characteristics of the area in which they are to be located, require special consideration so that they may be properly located and planned with respect to the objectives of this code and their effect on the surrounding properties and community character.
(b) 
The primary purpose of special use permit review is to ensure compatibility with the surrounding neighborhood and to ensure the long-term benefit of the use to the City.
(c) 
All uses designated a special use permit are permitted uses in their respective districts subject to the satisfaction of the requirements and standards set forth in this article and such conditions as the Planning Board may determine.
[Ord. No. 4, 2-3-2021]
All special use permit review and approval shall occur as a part of site plan review. Applicants shall refer to the site plan review for application content.
[Ord. No. 4, 2-3-2021]
The Planning Board shall consider the following general criteria, in addition to criteria set forth in the site plan review, when making a determination for a special use permit:
(a) 
Compatibility of the proposed use with the principles of the district, the purposes set forth in this chapter, and the goals of the Master Plan.
(b) 
Compatibility of the proposed use with adjoining properties and with the natural and man-made environment.
(c) 
Compatibility of the height of buildings, walls, fences and the nature and extent of landscaping on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(d) 
Adequacy of parking, vehicular circulation, and infrastructure for the proposed use, including accessibility to fire, police, and emergency vehicles and sufficient water supply and appurtenances for firefighting purposes.
(e) 
The overall impact on the site and its surroundings considering environmental, social and economic impacts of traffic, noise, dust, odors, release of harmful substances, solid waste disposal, glare, or any other nuisances.
(f) 
Restrictions and/or conditions on design of structures or operation of the use (including hours of operation) necessary either to ensure compatibility with the surrounding uses and neighborhood or to protect the natural or scenic resources of the City.
(g) 
Consistency of the location of the proposed use with the goal of creating a healthy mix of uses that enhances the viability of the City.
(h) 
Compatibility with the historic character and use of the structure or structures and the historic character of the site and in the surrounding area, if applicable.
[Ord. No. 4, 2-3-2021]
(a) 
If a use is designated as needing a special permit in the Use Table, such use shall be granted approval, approval with conditions, or denied in conjunction with site plan approval process.
(b) 
As part of approval process the Planning Board shall consider the criteria listed herein.
(c) 
A public hearing is required for all special permit uses.
(d) 
The Planning Board shall schedule and notice a public hearing in accordance with the timeframes and process Article II.
(e) 
The special use permit process shall be concluded in conjunction with site plan review.
[Ord. No. 4, 2-3-2021]
The Planning Board shall not issue a special use permit unless it makes a recorded finding that the proposed use will satisfy the standards set forth herein. In order to reach positive findings in support of the special use permit, the Planning Board may require conditions of, and/or modifications to, the project. Such conditions must relate to the impact of the project. If the Planning Board does not make a positive finding in support of the special use permit, it shall deny the special use permit. In issuance of such a denial, the record of the Planning Board must address the criteria outlined above and include the facts and reasons upon which such denial was based.
[Ord. No. 4, 2-3-2021]
(a) 
Any violation of the conditions of a special use permit or a violation of any applicable performance criteria of this chapter shall be deemed a violation of this chapter and shall be subject to enforcement action as provided herein.
(b) 
All special use permits shall run with the land and will be transferred to successive property owners provided the permit has not expired and it is not revoked for failure to meet the permit conditions.
(c) 
Expiration of special permits. A special permit shall be deemed to authorize only the particular use or uses specified in the permit and shall expire if said use or uses shall cease for any reason for a six-month period. Unless the project is complete to the point of vesting, a special use permit shall expire after 12 months. A one year extension may be granted upon application to the Planning Board.