1280.01 Purpose.
1280.02 General criteria for all special uses.
1280.03 Specific conditions for special uses.
1280.04 Minimum lot and yard regulations for special uses in residential districts.
1280.05 Minimum lot and yard regulations for special uses in nonresidential districts.
1280.06 Supplemental regulations for certain uses.
The characteristics and impacts of an ever-increasing number of new and unique uses, together with the broadening of numerous conventional uses, have fostered the development of more flexible regulations designed to accommodate these activities in a reasonable and equitable manner, while safeguarding the property rights of all individuals and the health, safety, and general welfare of the community. Toward these ends, it is recognized that this Planning and Zoning Code should provide for more detailed evaluation of each use listed as a special use in a specific district with respect to such considerations as location, design, size, method(s) of operation, intensity of use, requirements for public facilities and traffic generation. Accordingly, a special use shall be approved only when such proposed special use meets the requirements set forth in this chapter as determined by the Planning Commission according to the procedures set forth in Chapter 1230.
(Ord. 58-01. Passed 5-29-01.)
A special use, and uses accessory to such special use, shall be permitted in a district only when specified as a special use in such district, and only if such use conforms to the following general criteria, which are in addition to specific conditions, standards and regulations set forth in Sections 1280.03 through 1280.06. The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following criteria and shall find adequate evidence that:
(a) The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety or general welfare.
(b) The special use will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not essentially change the character of the same area.
(c) The special use will not be hazardous or disturbing to the existing and future use and enjoyment of properties in the immediate vicinity, nor substantially diminish or impair property values within the neighborhood.
(d) The hours of operation of the proposed special use are similar to other uses permitted in the district.
(e) The establishment of the special use in the proposed location will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(f) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets.
(g) The establishment of the special use should not be detrimental to the economic welfare of the community by creating excessive additional requirements at public cost for public facilities such as police, fire and schools.
(h) There is minimal potential for future hardship on the special use that could result from the proposed use being surrounded by uses permitted by right that may be incompatible.
(Ord. 58-01. Passed 5-29-01.)
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