7.16.100 Special Review Use - CLEANOrdinance 25-06
7.16.100 Special Review Use, Avon Municipal Code
7.16.100 Special Review Use
(a) Purpose. This Section provides a discretionary approval process for special review uses that have
unique or widely varying operating characteristics or unusual site development features requiring
further review and analysis. The process encourages public review and evaluation of a use's
operating characteristics and site development features to ensure that proposed use will not have a
significant adverse impact on surrounding uses or on the community at large. Special review uses that
may be allowed in each zone district are listed in Table 7.24-1, Allowed Uses.
(b) Applicability. A Special Review Use (SRU) permit is required for those uses allowed by special review
as outlined in Table 7.24-1, Allowed Uses.
(c) Review Procedures. Applications for a special review use shall follow the general review procedures
set forth in Section 7.16.020, General Procedures and Requirements. Applications for special review
use may be initiated by the owner of property for which a special review use is desired or, with
property owner authorization, a lessee within a commercial development.
(d) Review Authority. The PZC shall review and render a decision on an application for a special review
use after conducting a public hearing. The decision of the PZC may be appealed to the Town Council
pursuant to Section 7.16.180, Appeal.
(e) Review Criteria. The PZC shall use the following review criteria as the basis for a decision on an
application for a special review use:
(1) The proposed use is consistent with the Comprehensive Plan and all applicable provisions of
this Development Code and applicable state and federal regulations;
(2) The proposed use is consistent with the purpose and intent of the zoning district in which it is
located and any applicable use-specific standards in the Development Code;
(3) The proposed use is compatible with adjacent uses in terms of scale, site design and operating
characteristics;
(4) Any significant adverse impacts (including but not limited to hours of operation, traffic
generation, lighting, noise, odor, dust and other external impacts) anticipated to result from the
use will be mitigated or offset to the maximum extent practicable;
(5) Facilities and services (including sewage and waste disposal, water, gas, electricity, police and
fire protection, and roads and transportation, as applicable) will be available to serve the subject
property while maintaining adequate levels of service for existing development; and
(6) Adequate assurances of continuing maintenance have been provided.
(f) Duration and Expiration. Special review use approvals shall expire pursuant to this Section. The PZC
may approve a SRU permit in perpetuity but may assign a shorter time as deemed necessary. The
PZC may require assurances that the ongoing operation of the use will comply with applicant
representations and all conditions of approval, including, but not limited to, requiring an annual
compliance review. All conditions imposed in any special use review shall be expressly set forth
within the Record of Decision for this application. At least thirty (30) days prior to the expiration, the
holder of the special review use approval may apply for a review hearing before the PZC. The PZC
shall review the use against the criteria in Subsection (e) above to determine whether the special
review use will be allowed to continue. Failure to extend this permit shall require a new SRU permit
application approval or result in the cessation of the previously approved use.
Ordinance 25-06
7.16.100 Special Review Use, Avon Municipal Code
(1) Developments and uses granted by a special review use permit shall be developed or
established in accordance with an approved development schedule or within two (2) years of the
date of approval if no development schedule is established. Failure to develop or establish such
development or uses in accordance with the time period approved on the permit shall result in
the expiration of the permit.
(2) If an approved use ceases operation for any reason for a period of one (1) year, the special
review use permit shall be deemed expired. If the conditions of a permit become the
responsibility of a person or entity other than the applicant, the Director shall be notified in
writing, identifying the new person or entity responsible for maintaining the conditions of the
approval/permit. Until such notice is received, the applicant shall remain responsible. Such
notice shall be attached to the permit on file at the Town.
(3) If the conditions of approval are not maintained, it shall be considered a violation of this Code
and subject to revocation proceedings.
(4) SRU approvals may be conditioned to run with the property, business owner, property owner, or
per lessee and or with lease terms.