(A) Objectives. The principal objective of this title is to provide for the proper location of all types of land use. To accomplish this objective, various uses of land are classified by this title as being permitted in 1 or more of the various districts established. However, it may be necessary to permit certain uses in districts other than those in which they are classified, because of their unusual characteristics or the large area required for their operation. These uses require special consideration as to their proper location in relation to adjacent uses or to the development of the town, and to the various elements, of the land use plan for the town. Because of the various types of uses and locations requiring special consideration, the specific conditions under which each use may be permitted also must be considered. Such uses, together with the conditions controlling their operation are specifically designated as special uses within this title. These special uses are specifically listed in division (G), “List of Special Use Designations,” below. Procedures and conditions for the approval of a special use are enumerated in this chapter.
(B) Special uses as secondary classifications. Special uses are secondary classifications. If land is approved by the Municipal Planning Commission for the town for a special use, the special use designation shall be placed on the zoning map in addition to its primary zoning classification.
(C) Approval. Approval may be granted by the Board of Zoning Appeals after a public hearing provided the following findings are made:
(1) The use is deemed essential or desirable to the public convenience or welfare.
(2) The use is in harmony with the various elements of objectives of the land use plan for the town.
(3) The use will not be detrimental or injurious to the character of the development of the immediate neighborhood.
(D) Conditions and limitations. When granting approval for a special use the Board of Zoning Appeals may attach any conditions or limitations that it determines necessary for the protection of the surrounding area in order to promote the intent and purpose of this title.
(E) Granting of special use. The grant of a special use, by the Board of Zoning Appeals, shall be by resolution and shall not be by ordinance amending this title.
(F) Time limit. Any conditional or special use granted by the Board of Zoning Appeals shall expire 6 months after the effective date of such action by the Board, unless a permit based upon and incorporating the conditional or special use is obtained within the aforesaid 6-month period, or unless the provisions of the conditional or special use are adhered to within the aforesaid 6 months, provided good cause is shown, and the application for extension shall be filed with the Board of Zoning Appeals at the Plan Commission 2 weeks prior to the expiration of the aforesaid 6-month period.
(G) Special use designation chart.
SPECIAL USE DESIGNATION | DESIGNATION |
SPECIAL USE DESIGNATION | DESIGNATION |
Schools | SU-01 |
Religious institutions | SU-02 |
Hospital, nursing homes, convalescent or care centers | SU-03 |
Cemeteries | SU-04 |
Public parks or public recreational facilities, including public athletic facilities | SU-05 |
Resident occupied and resident-operated preschools, child day-care, adult day-care facilities or similar operations which keep up to 12 persons on a daily basis, but not including 24-hour care | SU-06 |
Temporary mobile office | SU-07 |
Commercial and private non-commercial recreational areas, uses and facilities including country clubs, social centers, swimming pools, golf courses and golf driving ranges | SU-08 |
Borrow pit and earth storage areas | SU-09 |
Commercial athletic fields, stadiums, or arenas | SU-10 |
Drive-in restaurant | SU-11 |
Public or private outdoor entertainment | SU-12 |
Airports or heliports | SU-13 |
Electronic message boards and/or signs with flashing, moving, rotating or intermittent lights or animated messages | SU-14 |
Home occupations | SU-15 |
Adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret or juice bar, adult motion picture theater, adult theater, massage parlor, nude model studio, peep show facility or sexual encounter center | SU-16 |
Radio, cellular antenna, microwave or television towers, wireless communication facilities and/or towers for similar uses excluding exempt public utilities; amateur radio antennas exceeding 20 feet | SU-17 |
Private aircraft landing facilities | SU-18 |
Self-storage warehouses facilities | SU-19 |
Kennel (without veterinary clinic or other accessory business) | SU-20 |
Only those special uses which are indicated in the above, “Table B: Special Uses Allowed Only in a Specific Zone,”shall be permitted in the zoning districts indicated.
(H) Table “B” Special Uses Allowed Only in a Specific Zone.