Allowable special uses may be permitted, enlarged, or altered upon application for a special use permit in accordance with the rules and procedures of the Board of Adjustment. The Board of Adjustment will grant or deny a special use permit in accordance with the standards set forth herein and the intent and purposes of this ordinance. In granting special use permits, the Board of Adjustment will authorize the issuance of a special use permit and may prescribe and impose appropriate conditions, safeguards, and a specified time limit for the performance of the special use permit. Special use permits are not transferable.
1. Application for Special Use Permit. A request for a special use permit for a special use or modification of a special use may be initiated by a property owner or his authorized agent by filing an application with the Clerk upon forms prescribed for the purpose. The application shall be accompanied by a site plan and such other plans and data showing the dimensions, arrangements, descriptive data, and other materials constituting a record essential to an understanding of the proposed use or proposed modification in relation to the standards set forth herein. The application shall also be accompanied with a fee of $50.00.
2. Meeting. Before issuance of any special use permit, the Board of Adjustment will consider the application for special use permit at a meeting held at the call of the chairman within 47 days after the filing of the application.
3. Decisions. The concurring vote of four members of the Board of Adjustment shall be necessary to grant a special use permit. No order of the Board of Adjustment granting special use permit shall be valid for a period longer than six months from the date of such order, unless the Board of Adjustment specially grants a longer period of time or a building permit is obtained within the six month period and construction is commenced.
4. Standards. No special use permit shall be granted by the Board of Adjustment unless such Board shall find:
A. That the establishment, maintenance, or operation of the special use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare of the community.
B. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood.
C. That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
D. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.
E. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
F. The use shall not include any activity involving the use or storage of flammable, or explosive material unless protected by adequate firefighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material.
G. The use shall not include noise which is objectionable due to volume, frequency, or beat unless muffled or otherwise controlled.
H. The use shall not include vibration which is discernible without instruments on any adjoining lot or property.
I. The use shall not involve any malodorous gas or matter which is discernible on any adjoining lot or property.
J. The use shall not involve any pollution of the air by fly ash, dust, vapors, or other substance which is harmful to health, animals, vegetation or other property or which can cause soiling, discomfort, or irritation.
K. The use shall not involve any direct or reflected glare which is visible from any adjoining property or from any public street, road, or highway.
L. The use shall not involve any activity substantially increasing the movement of traffic on public streets unless procedures are instituted to limit traffic hazards and congestion.
M. The use shall not involve any activity substantially increasing the burden on any public utilities or facilities unless provisions are made for any necessary adjustment.
5. General Area Standards.
A. The principal uses or special uses hereunder permitted in a district shall be located not less than 500 feet from a residential district.
The buildings, structures, enclosures, or use of land other than growing of cultivated farm crops, shall be located not less than 100 feet from the nearest property line.
(1) Auction or sale barns for the sale of livestock, poultry, eggs, or other similar agricultural produce.
(2) Fox, mink, or other similar fur-bearing animal farms.
(3) Feeding or shelter for livestock or poultry, kept on the premises for commercial purposes.
(4) Dog kennels.
(5) Landfills, including sanitary landfills, or dry waste dumps.