Section 16.06
The intent of Administratively approved Special Land Uses is to provide standards for certain land uses, which are uses with specific conditions that if met, make the use permitted by right. These conditions are intended to minimize potential negative impacts to other surrounding land uses that could arise due to operations of the particular use. This upon the site plan review requirements, to review and determine if the conditions have been met.
Standards for Approval
Prior to approving a conditional land use, the Zoning Administrator shall require that the proposed use meets all requirements and standards. If all requirements and standards are met, a conditional use permit is granted.
Properties for which application for conditional land use approval is made shall also be concurrent with, and subject to, site plan review in accordance with the requirements of Article 5, Division 1, Site Plan Review. Failure to obtain site plan approval will constitute denial of the approved Special Land Use.
Requirements and Standards of Approval
The requirements to permit the Administrative Special Land Use approval shall remain unchanged.
The Zoning Administrator shall make periodic investigations of the Special Land Use to ensure continued compliance with all requirements and standards imposed by this Article. Noncompliance with the requirements for the conditional land use shall constitute grounds for the Zoning Administrator to terminate the approval.
Validity of Administrative Special Land Use Approval a. In cases where actual physical construction of a substantial nature of the structures authorized by a conditional land use and site plan approval has not
commenced within eighteen (18) months, and a written application for extension of the approval has not been filed as provided below, the approval shall automatically become null and void and all rights thereunder shall terminate.
Upon written application filed prior to the termination of the eighteen (18) month period, the Zoning Administrator may authorize a single extension of the time limit for a further period of not more than eighteen (18) months. Such extension shall only be granted based on evidence from the applicant that the development has a reasonable likelihood of commencing construction within the eighteen (18) month extension.
The granting of a Special Land Use shall allow that particular use to be conforming in the zoning district, as long as the standards of this Article are maintained. 4. Zoning Administrator referral to Planning Commission. At the discretion of the Zoning Administrator, a special land use requiring administrative approval of the Planning Commission may be submitted to the Planning Commission.