Duluth UDC § 1105

1. The special use is designed to apply under any one of the following circumstances: a. A special use listed under the zoning district is desired for development and a more intensive zoning district containing that use, as a use by right would not be appropriate for the property; or b. A special use listed under the zoning district is desired for development and no zoning district contains that use as a use by right; or c. A unique use not addressed in any zoning district is desired for development and is not likely to be duplicated within the City of Duluth; or d. The density of development may be affected by the height of a building; or e. The neighboring properties may be affected by the height of any structure; or f. The special use would be consistent with the needs of the neighborhood or the community as a whole, be compatible with the neighborhood, and would not be in conflict with the overall objective of the Comprehensive Plan. 2. In order to accommodate these particular uses, special use approval allows the City Council to approve such a use on a particular parcel without changing the general zoning district. Such approval shall be subject to the requirements set forth below and any additional conditions deemed necessary to ensure the compatibility of the special use with the surrounding properties. All special use applications shall be for firm development proposals only. The special use shall not be used for securing early zoning for conceptual proposals that may not be undertaken for some time. A special use application shall be 301 | P a g e Article Eleven. Procedures and Permits considered only if the application is made by the owner of the property or by his/her authorized agent. The minimum requirements for a special use approval are: a. Any uses allowed under special use approval shall also conform to the requirements of this Development Code for all uses as found in the zoning district. b. The application and review process for a special use shall be the same as for the zoning district under which the special use is found. In addition to the information and/or site plans which are required to be submitted for the proposed development, additional information deemed necessary by the Director in order to evaluate a proposed use and its relationship to the surrounding area shall be submitted. In the review process, particular emphasis shall be given to the evaluation of the characteristics of the proposed use in relationship to its immediate neighborhood and the compatibility of the proposed use with its neighborhood. c. In the approval process for a special use approval application, the City Council shall consider the policies and objectives of the Comprehensive Plan, particularly in relationship to the proposed site and surrounding area, and shall consider the potential adverse impacts on the surrounding area, especially in regards but not limited to traffic, storm drainage, land values and compatibility of land use activities. d. If an application is approved and a special use approval is granted, all conditions that may have been attached to the approval are binding to the property. All subsequent development and use of the property shall be in accordance with the approved plan and conditions. e. Changes to a special use or development of a site for the special use, shall be treated as an amendment to the special use Permit and shall be subject to the same application and review process as a new application. f. An application for special use approval in a residential district and which use is proposed to operate in a dwelling or as an accessory use to a dwelling is subject to the following additional requirements: i. The special use shall operate within the dwelling on the property or, if approved by the City Council, in an accessory structure. ii. The exterior character of the dwelling shall be preserved in its residential state and there shall be no outside evidence of the operation of a special use to the neighborhood, except for any accessory structure approved by the City Council. g. The owner of the property approved for a special use may voluntarily request termination of the special use by notifying the Director in writing. The Director shall notify the City Council through the Planning Commission of the voluntary termination. The approval of a special use for a specific use which may be operated by a lessee under a private agreement with a lessor in any non-residential district shall not obligate the City Council to be responsible for or be required to resolve any disputes which may arise out of the voluntary termination of the special use by the property owner. h. The Planning and Development Department shall have the right to periodically examine the operation of the specific use to determine compliance with the requirements and any conditions. If the Planning and Development Director determines that the requirements and conditions are being violated, a written notice shall be issued to the owner of the property outlining the nature of the violation and giving the owner of the property a maximum of ten days to come into compliance. If after ten days the violations continue to exist, the Director shall forward a report to the City Council through the Planning Commission who may recommend that action be taken to remove the special use from the property. i. Upon approval by the City Council, a special use shall be identified on the official zoning maps. 302 | P a g e Article Eleven. Procedures and Permits j. Upon approval by the City Council of a special use, the owner of the property shall be issued a notice from the Director that states the specific use permitted, the requirements of this Section and any conditions attached to the approval. k. The Planning and Development Department shall not issue a Certificate of Occupancy for the specific use unless all requirements and conditions of the special use approval have been fulfilled by the owner of the property.