The purpose of special use permit approval is to allow the proper integration into the community of uses which may be suitable only on certain conditions and at appropriate locations. Because of their unusual characteristics or the special characteristics of the area in which they are to be located, special uses require individual consideration so that they may be properly located with respect to the objectives of this chapter and their effect on surrounding properties.
A. 
Except for adult businesses, which are governed by Subsection C below, the special uses listed in this chapter may be permitted, enlarged or otherwise altered upon authorization by the Zoning Board of Appeals in accordance with the standards and procedures set forth in this article and such additional standards as may be set forth for such special uses elsewhere in this chapter. In permitting a special use or the modification of a special use, the Zoning Board of Appeals may impose, in addition to those standards and requirements expressly specified by this chapter, any additional conditions which the Board considers necessary to protect the best interests of the surrounding property, the neighborhood or the Town of Jerusalem as a whole. These conditions may include controlling the location and number of vehicle access points, limiting the number, size and location of signs and requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property.
[Amended 6-20-2007 by L.L. No. 3-2007]
B. 
In case of a use existing prior to the effective date of this chapter and classified in this chapter as a special use, any change in use or in lot area or an alteration of a structure shall conform with the requirements dealing with special uses.
C. 
An adult business, as defined in Article XX of this chapter, may be permitted, enlarged or otherwise altered upon authorization by the Zoning Board of Appeals in accordance with the standards and procedures set forth in this article and such additional standards as may be set forth for such special uses elsewhere in this chapter. In permitting a special use or the modification of a special use, the Zoning Board of Appeals may impose, in addition to those standards and requirements expressly specified by this chapter, only such reasonable conditions that would control the number and location of vehicle access points, limit the number, size and location of signs and require diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property.
[Added 6-20-2007 by L.L. No. 3-2007]
An applicant for a special use permit shall initiate a request for a special use or the modification of a special use by filing an application with the Zoning Board of Appeals of the Town of Jerusalem. Such application shall be accompanied by a legal description of the property, a map showing the property and all properties within a radius of 500 feet of the exterior boundaries thereof, plans and elevations necessary to show the proposed development and other drawings or information necessary to an understanding of the proposed use and its relationship to surrounding properties.
A. 
A special use shall comply with the appropriate standards of the zone in which it is located.
B. 
In order to grant any special use, the Zoning Board of Appeals shall find that the request is in harmony with the general purpose and intent of this chapter, taking into account the location and size of the use, the nature and intensity of the operations involved or conducted in connection with it and the size of the site with respect to streets giving access thereto.
C. 
In order to grant any special use, the Zoning Board of Appeals shall find that the establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the Town or impair the intent or purpose of this chapter or of the Comprehensive Plan.
[Amended 2-15-2012 by L.L. No. 1-2012]
D. 
A special use permit shall become void one year after approval or after such greater or lesser time as may be specified as a condition of approval, unless within that time the required building construction, alteration or enlargement is commenced.
Before a special use is permitted, the proposed special use shall be considered by the Zoning Board of Appeals at a public hearing. Notice of said hearing shall be given in accordance with the provisions of law.
The applicant or any interested person may appeal a decision of the Zoning Board of Appeals. The appeal procedures shall be as set forth in § 160-72 of this chapter.
The Zoning Board of Appeals shall notify the applicant for a special use in writing within five days after the decision has been rendered.