§ 23-216. Special exception use permit.  

Effective on Tuesday, July 7, 2015
  • Sec. 23-216.1 Requirement.

    a. A special exception use permit is required for certain land uses as indicated in Table 23-421

    b. Expansion of a special exception use will require a new special exception permit, if:

    1. The expansion is equal to twenty (20) percent or more of the approved use or structure; or

    2. The expansion exceeds the limits or conditions set forth in the original special exception approval; or

    3. The expansion is the addition of an accessory use.

    Sec. 23-216.2 Application.

    a. If a special exception permit is required, application shall be made on forms supplied by the administrative official, accompanied by information sufficient for review, including at a minimum, a site plan meeting the requirement of section 23-222, information as required by the administrative official, the application fee per section 23-242 and reimbursement for costs of public notice.

    b. An application for a special exception use permit shall also be considered an application for site plan approval. The site plan shall be reviewed per the procedures and requirements of section 23-222 concurrently with the special exception use permit.

    c. The number of site plans and other information required will be set forth in the procedures manual maintained by the administrative official. Any application for construction, certificate of zoning compliance, or certificate of use shall be pending until action of the special exception permit application is complete.

    Sec. 23-216.3 Public notice. Public notice shall be given by the administrative official as per section 23-241.

    Sec. 23-216.4 Approval/denial. Following a public hearing, the planning board shall approve, approve with stipulations, or deny the application with specific reference to criteria in section 23-433. Appeal of the decision of the planning board may be made by the applicant pursuant to section 23-244.

    Sec. 23-216.5 Compliance. The application and accompanying material, as well as any stipulations made as conditions of approval shall be enforced by the administrative official and shall be conditions of issuing the certificate of zoning compliance and certificate of use.

    Sec. 23-216.6 Expiration regulations

    a.  A special exception use permit shall expire one (1) year after approval if the approved use has not been established, unless an extension of time is granted by the planning board prior to the end of the one-year period.

       b. Whenever an approved special exception use has been discontinued for a period of one (1) year, no such use may be reestablished on those premises unless a time extension is granted by the planning board prior to the end of the one-year period. Expiration of the one-year period without the granting of a time extension, shall require application, review and approval in accordance with section 23-216 to resume the special exception use.


(Ord. No. 2015-04, § 3, 7-7-15)