SUPs: Zoning Ordinance amended

“Because this is a lot of material and because each section can stand alone, staff is proposing to submit the changes one section at a time,” Wesley said in a report.

He said staff has looked at and prepared draft language for each section of Chapter 2 that needs to be updated. This was done to create a consistent structure in each chapter to ease use in the future and ensure consistency in each section.

Staff started the review with Section 2.02, Special Use Permits, because it is used more frequently than Section 2.01, Amendments or Zoning Changes.

SUPs are set up for each zoning district for uses that may or may not be compatible with the zoning district depending on the setting.

Special use permit requests are reviewed by the Planning and Zoning Commission and approved by the Town Council following public input. Conditions can be placed on the approval of a special use permit to address compatibility concerns.

Staff believes amendments are needed to this section to address the following issues:

*Provide consistency in requirements with other types of applications.

*Update application requirements and procedures to current practice.

*Clarify site plan requirements.

*Clarify that the Permit is reviewed as a Public Hearing.

*Clarify and improve notice requirements.

*Add options to what can be required as part of approval of a Special Use Permit.

*Provide direction for modification of an approved SUP.

Some of the proposed changes presented include:

*A requirement for a “good neighbor policy” in Section 2.02 B.

*Additional language related to timing to Commission and Town Council, Section 2.02C.

*Sets a maximum continuance at 90 days, Section 2.02F.

*Modified language regarding “good neighbor statement” for the commission to require changes, 2.02F.

*Adjusted to six months to submit building permit application and one year to obtain building permit, 2.02G.

*Set overall expiration of 18 months if use not started, 2.02G.

The revisions also address the hearing process with additional provisions including who can appear, establishing speaker time limits, allowing investigation by decision body and requiring written summary of testimony and action.

Wesley said a SUP cannot be transferred by the applicant during the process. However, the permit stays with the property once the project is complete.

The council vote was unanimous in support of the amended section.