3.9.8 Criteria for Approval of Major or Minor Special Use Permits

Unless otherwise specified in this Ordinance, applications for major or minor special use permits shall be approved only if the approving authority finds that the use as proposed, or the use as proposed with conditions, is:

1. In harmony with the area and not substantially injurious to the value of properties in the general vicinity;

2. In conformance with all special requirements applicable to the use;

3. Will not adversely affect the health or safety of the public; and

4. Will adequately address the review factors identified below.

The applicant shall demonstrate that the review factors listed below have been adequately addressed. If an application is denied, the approving authority shall specify which of these review factors, if any, were not adequately addressed.

Number and location of access points to the property and the proposed structures and uses, with particular reference to automotive, bicycle, mass transit and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

Location of off-street parking and loading areas.

Locations of refuse and service areas with particular reference to ingress and egress of service vehicles.

Locations of exterior lighting with reference to glare, traffic safety, economic effect and compatibility with other property in the area.

Appropriateness of signs considering location, color, height, size, and design within the context of other property in the area.

Location and availability of utilities.

Location of required yards and other open spaces and preservation of existing trees and other natural features.

Preservation of tree cover, Durham Inventory Sites, floodplain, stream buffers, wetlands, steep slopes, open space and other natural features, and protection of water quality.

Installation of screening, buffering, fencing and landscaping where necessary to protect adjacent property.

Effects of the proposed use on nearby properties, including, but not limited to, the effects of noise, odor, lighting, and traffic.

The level of general compatibility with nearby properties and impacted neighborhoods, including but not limited to the appropriateness of the scale, design, and use in relationship to other properties.

Consistency with the Comprehensive Plan and applicable development tier guidelines, overlay purposes, and zoning district intent statements in Article 4, Zoning Districts.

Any other review factors which the approving authority considers to be appropriate to the property in question.

The applicant for a minor special use permit under this section shall demonstrate that the additional review factors listed below have been adequately addressed. If the application is denied, the Board of Adjustment shall specify which of these review factors, if any, were not adequately addressed.

1. Susceptibility of the proposed facility, structure, or other development and its contents to flood damage and the effect of such damage on the individual property owner and others as a result of flood damage;

2. Importance of the services provided by the proposed facility, structure, or other development to the community;

3. Necessity to the facility, structure, or other development of a waterfront location, where applicable;

4. Compatibility of the proposed use with existing and anticipated development;

5. Safety of access to the property in times of flood for ordinary and emergency vehicles;

6. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

7. Costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges;

8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9. The proposed fill or development provides for a better balance between overall efficiency of the site design and improved conservation elsewhere on the site than would be possible without intrusion into the floodway fringe, non-encroachment area fringe, Future Conditions Flood Hazard Areas, or Areas of Shallow Flooding (Zone AO);

10. The proposed fill or development represents the minimum amount of floodway fringe, non-encroachment area fringe, Future Conditions Flood Hazard Areas, or Areas of Shallow Flooding (Zone AO) intrusion to achieve this better balance; and

11. Any other relevant factors, technical evaluations, or standards specified in other sections of this Ordinance.