Standards for granting special use permits

(a) Applications for special use permits shall be reviewed by the zoning board of review unless an application is reviewed under unified development review. In these instances, applications for special use permits shall be reviewed by the planning board pursuant to sections 38-325 and 32-46. The review authority shall not grant a special use permit unless it finds the following:
- (1) The use will comply with all applicable requirements and development and performance standards set forth in articles VI and IX of this chapter.
- (2) The use will be in harmony with the general purpose and intent of this chapter.
- (3) The granting of the special use permit will substantially serve the public convenience and welfare.
- (4) The use will not result in or create conditions inimical to the public health, safety, morals and general welfare.
- (5) It will not substantially or permanently injure the appropriate use of surrounding property.
- (6) In addition to the above, the zoning board of review shall consider:
  - a. Access to air, light, views and solar access;
  - b. Public access to waterbodies, rivers and streams; and
  - c. The conservation of energy and energy efficiency.
(b) The zoning board of review or planning board may not extend or enlarge a special use permit except by granting a new special use permit except in review of a special use permit application for an accessory use to a principal use which requires a special use permit in the district which the lot is located. In such instances, the accessory use shall be added as a condition to the special use permit for the principal use.

In such cases, if the principal use, which is permitted by special use permit in the district in which the lot located has nonconforming rights, the accessory use shall be permitted as of right.

(c) Pursuant to section 38-236 a nonconforming use may be changed to a different nonconforming use by special use permit. If so changed, the alteration shall more closely adhere to the intent and purpose of this chapter.

(Ord. of 6-23-1994, art. VII, § 4; Ord. of 2-8-2024(7))

Editor's note— An ordinance adopted Feb. 8, 2024 amended the title of § 38-323 to read as herein set out. The former § 38-323 title pertained to standards for granting.