Wednesday, March 13, 2013

Special Exception Conditions in Zoning Code

Various speakers at the Feb. 27 P&Z Hearing on the MX Zone text amendment said that passing the amendment does not "tie the hands" of the commission to say "yes" to a particular proposal.  Director Warner also stated on  various occasions that the P&Z Commission has wide discretion to accept or reject specific proposals, based on the following sections of the Zoning Code.  The full Zoning Code can be found on the City of Middletown Planning Dep't. website here

53.02- SPECIAL EXCEPTIONS- Where provided for elsewhere in this Code, the Commission may, in appropriate cases, grant a special exception.
  • 53.02.01- AUTHORIZATION- The Commission will hear and decide only such special exception as the Commission is specifically authorized to pass on by the terms of this Code; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this Code, or to deny special exceptions when not in harmony with the purpose and intent of this Code.
  • 53.02.02- FINDINGS- A special exception will not be granted by the Commission unless and until:
    1. A written application for a special exception is submitted indicating the subsection under which the special exception is sought; and such application is accompanied by the appropriate fees and documents listed in subsection 44.03.01 of this Code.
    2. The Commission will make a finding that granting of the special exception will not adversely affect the public interest; that such special exception is authorized under a special subsection of this Code; and that satisfactory provisions and arrangements have been made concerning each of the findings listed under subsection 44.04 of this Code.
  • 53.02.03- PROCEDURES- The procedures required for granting a special exception are provided for in subsection 44.02, 44.03, 44.04, 44.05 and 44.06 of this Code.

44.04 FINDINGS- A Special Exception may be granted when the Commission makes findings on:
  • 44.04.01 COMPLIANCE WITH CITY PLAN- The proposed use is consonant of the Plan of Development for physical development of the City, as embodied in the Zoning Code and in any Master Plan or portion thereof adopted by the Commission; and
  • 44.04.02 ADVERSE EFFECTS- The Proposed use will not affect adversely the health and safety of residents or workers in the area and will not be detrimental to the use or development of adjacent properties or the general neighborhood; and
  • 44.04.03 VISIBILITY AND ACCESSIBILITY- The proposed use will not preempt frontage on a major highway in such a manner so as to substantially reduce the visibility and accessibility of an interior commercial area zoned or proposed for commercial use which is oriented to the same highway; and
  • 44.04.04 TRAFFIC MOVEMENT- The proposed use will not impair the movement of through traffic along the adjoining thoroughfare through congestion and reduction of street capacities or through storage or back up of vehicles in the public right-of-way while awaiting service on the subject site; and
  • 44.04.05 ORDERLY DEVELOPMENT- The proposed use will not result in a fragmentation of the development pattern, thereby creating unnecessary additional points of vehicular conflict with the adjoining highway and adversely affecting the orderly development of surrounding neighborhoods; and
  • 44.04.06 PROPERTY VALUES AND CHARACTER- The proposed use will not tend to depreciate property values and the character and extent of development of adjoining properties; and
  • 44.04.07 PARKING AND LOADING- The proposed use will provide off-street parking and loading facilities in accordance with Section 40 of the Zoning Code; and
  • 44.04.08 COMPLIANCE WITH STANDARDS- The proposed use will meet all the standards set forth herein and set forth in Section 44.08 of the Zoning Code for the type of Special Exception being requested

No comments: