There are certain uses which, due to the nature of their impact
on nearby uses and public facilities, require discretionary review
through a Type 3 procedure. These impacts include, but are not limited
to, the size of the area required for the full development of a proposed
use, the nature of the traffic problems incidental to operation of
a use, and the effect the use may have on any nearby existing uses.
To mitigate these and other possible impacts, conditions may be applied
to address potential adverse effects associated with the proposed
use. This section provides standards and procedures under which a
Discretionary Use may be permitted, expanded, or altered.
(6443)
(A)
New Discretionary Uses are reviewed under Type 3 procedure concurrently
with or prior to a Site Plan or Minimum Development Standards application,
as applicable. No Site Plan or Minimum Development Standards application
may be approved or conditionally approved for a use requiring Discretionary
Use Approval prior to approval of the Discretionary Use application.
(B)
Expansions, alterations, and modifications are reviewed under:
(1)
Type 1 or Type 2 Site Plan Modification or Minimum Development Standards
procedures, as applicable, if the request does not alter any condition
of approval or site development requirement of the original Discretionary
Use approval; or
(2)
Type 3 Discretionary review, if the expansion, alteration, or modification
does not comply with a condition of approval or site development requirement
of the Discretionary Use approval, or when the Director determines
that the expansion, alteration, or modification may adversely impact
adjoining land uses.
(6443)
A Discretionary Use may be approved only if the Approval Authority
finds that the proposal conforms with the Site Plan Review approval
criteria specified in SDC 5.17.125, where applicable, and the following
approval criteria:
(B)
The site under consideration is suitable for the proposed use, considering:
(1)
The location, size, design and operating characteristics of the use
(operating characteristics include, but are not limited to, parking,
traffic, noise, vibration, emissions, light, glare, odor, dust, visibility,
safety, and aesthetic considerations, where applicable);
(2)
Adequate and safe circulation exists for vehicular access to and
from the proposed site, and on-site circulation and emergency response
as well as pedestrian, bicycle and transit circulation;
(3)
The natural and physical features of the site, including, but not
limited to, riparian areas, regulated wetlands, natural stormwater
management/drainage areas and wooded areas shall be adequately considered
in the project design; and
(4)
Adequate public facilities and services are available, including,
but not limited to, utilities, streets, storm drainage facilities,
sanitary sewer and other public infrastructure.
(C)
Any adverse effects of the proposed use on adjacent properties and
on the public can be mitigated through the:
(1)
Application of other code standards (including, but not limited to:
buffering from less intensive uses and increased setbacks);
(2)
Site Plan Review approval conditions, where applicable;
(3)
Other approval conditions that may be required by the Approval Authority;
and/or
(4)
A proposal by the applicant that meets or exceeds the cited code
standards and/or approval conditions.
(6443)
The Approval Authority may attach conditions as may be reasonably
necessary in order to allow the Discretionary Use approval to be granted.
