SECTION 32 - SPECIAL EXCEPTIONS

32.1     General: A Special Exception is a use of property which may be appropriate to a given zoning district, but which may be incompatible in some locations within the district because of the size, intensity, design, traffic volumes, or other characteristics associated with the use and therefore is not permitted by right everywhere within such district. Such use is allowable only when the Commission finds that the facts and conditions upon which the use is permitted exist.

32.2     Applicability: Buildings, structures and uses which require a Special Exception approval are identified in Schedule A of these regulations. In addition, a Special Exception approval is required for any proposal having any of the following characteristics:

            Any site on which the sum of existing plus proposed development exceeds 20,000 square feet of floor area,

            Any site on which a Special Exception already exists or has been approved,

            Any site on which a drive—thru window is proposed,

            Any site on which a high traffic generator is proposed.

Any change in a building, structure or use previously approved as a Special Exception and any change of a building, structure or use which would require a Special Exception shall be submitted to the Commission for a decision if any of the following conditions apply:

a.       The proposed change alters any feature which is required to be shown or described in a Site Plan application (Section 31.4).

b.      A proposed use is listed in Schedule A on a different line than the use(s) previously existing or previously approved.

c.       A proposed change requires a building permit.

The Commission may exempt from Special Exception approval procedures a previously approved Special Exception which does not involve an increase in required parking and does not significantly alter the nature of the use of the site.

32.3     Procedure: Applications for Special Exception approval shall be processed according to the same procedure as Site Plan applications (See Sect. 31.3) except that a Public Hearing is required for a Special Exception. Any Commission action on a Special Exception shall include and encompass action on the Site Plan for that same property.

32.4     Application: Applications for Special Exception approval shall include all information required in Section 31.4 for Site Plan approval. In addition, each Special Exception application shall include all information necessary to establish compliance with the particular requirements of the specific Special Exception, as described in Sections 33, 34, 35, 36, 37 and 44, as applicable.

32.5     Special Exception Standards: The Commission shall approve a Special Exception application only if it finds that the proposed buildings, structures and uses conform to the townwide standards and requirements of the zoning district in which the building, structure or use is to be located as well as the standards contained in Section 31, and that the applicant has established by affirmative evidence that requirements applicable to the particular Special Exception (as described in Sections 33, 34, 35, 36, 37, 38 and 44) as well as the following general standards are met:

     1.      The scale and character of proposed development shall be in harmony with the surrounding area and not have a detrimental effect on property values in the surrounding area.

      2.      The size of the site shall be sufficient to accommodate the construction and maintenance of proposed buildings and the intensity of the proposed use(s).

      3.      The architectural design of proposed structures shall be harmonious with the character of the surrounding area.

      4.      Traffic generated by proposed uses shall not lower the Level of Service (LOS) below LOS C or cause hazardous conditions on the roadway system within a one mile radius of the site or cause unsafe conditions on the site itself. If existing conditions are at or below LOC C, the traffic from the proposed use shall not increase delay time of any movement at any intersection within a one mile radius of the site by more than 10%.

The Commission shall deny a Special Exception application if it finds that one or more of the applicable standards or requirements are not met. The Commission may approve a Special Exception conditionally if conformance with conditions specified by the Commission will bring the Special Exception into conformance with all applicable standards and requirements.

32.6     Bond: The Commission may require that the applicant file a performance bond in form, amount and with surety approved by the Commission, to insure completion of streets, driveways, parking areas, sidewalks, storm drainage, sewer systems, landscaping, and other essential site improvements in accordance with the application as approved.

32.7     Expiration of Approval: Special Exception approval shall become null and void in the event of failure to obtain a building permit within one (1) year of approval by the Commission. One extension of such period for an additional period not to exceed one (1) year may be granted by the Commission at the request of the applicant. A public hearing shall be required for all Special Exception extensions. Failure to complete all work in connection with an approved Special Exception within two (2) years of issuance of the building permit shall result in automatic expiration of the approval.

In an MF or AHD District, expiration of a Special Exception approval shall result in an automatic reversion of the District to the previous zoning district.