(A) Intent. This zone permits only those uses which require special consideration because of their unusual nature, dimensions, frequency of occurrence, effect on surrounding property, or other similar reason. The boundaries of this zone district shall be determined only on a case-by-case basis following the procedures for a zone change as provided in this chapter. Any accessory uses shall be expressly approved by the governing body. Supplementary regulations and special conditions may be imposed by the governing body upon recommendation by the Planning and Zoning Commission or by the governing body on its own motion. The governing body may not grant a zone change for Special Use unless satisfactory provisions have been made:
(1) To assure that a satisfactory degree of compatibility of property uses shall be maintained with respect to the Special Use and the surrounding uses of property in the general area;
(2) To preserve the integrity and character of the zone in which the use will be located, and utility and value of property in the Special Zone and in adjacent zones; and
(3) To assure that the use will not be or become detrimental to the public interest, health, safety, convenience, or the general welfare.
(B) A Special Use Zone may be authorized and established for the following uses:
(1) Airports, aircrafts sales and service;
(2) Armories;
(3) Automobile wrecking, dismantling, and salvage provided that:
(a) All activities are conducted within a completely enclosed building or within an area enclosed on all sides by a solid wall or fence at least 8 feet in height, and the principal building is not within 200 feet of a lot in residential use or zoned primarily for residential use.
(b) Inoperative automobile bodies may not be stacked above the plane established by the top of the required surrounding wall.
(4) Cannabis cultivation, provided the following criteria are met:
(a) Cannabis cultivation shall only be authorized within the Clayton Business Park, located north of US Highway 87 along Dr. Michael Jenkins Road.
(b) All buildings containing a cannabis cultivation use shall not be located within 300 feet of any properly zoned and permitted church or place of worship; elementary or secondary school; or day care facility unless a conditional use permit is issued by the Clayton Board of Trustees under the provisions of this chapter.
(c) There shall be no outdoor cultivation, processing, curing, drying, selling; storage, or other, display of cannabis or cannabis products except as specifically authorized by the Board of Trustees.
(d) The applicant must show that the applicant owns, or has under lease, water rights' sufficient for applicant's proposed use, provided however, any cannabis cultivation use of municipal water which detrimentally affects the domestic, commercial, fire protection or other previously established uses of water in the Town of Clayton shall not be approved and, further provided, in times of shortage cannabis cultivation use of municipal water shall be subordinate and inferior to all other uses.
(5) Cannabis product manufacturing:
(a) Cannabis product manufacturing shall only be authorized within the Clayton Business Park, located north of US Highway 87 along Dr. Michael Jenkins Road.
(b) All buildings containing a cannabis product manufacturing use shall not be located within 300 feet of any properly zoned and permitted church or place of worship; kindergarten, elementary, or secondary school; or day care facility, unless a conditional use permit is issued by the Clayton Board of Trustees under the provisions of this chapter.
(c) There shall be no outdoor cultivation, processing, curing, drying, selling, storage, or other display of cannabis or cannabis products except as specifically authorized by the Board of Trustees.
(6) Cemetery, mausoleum, crematory, provided that a cemetery be located on not less than 5 acres;
(7) Chemical manufacturing or processing provided that all buildings shall not be within 500 feet of any lot in residential use unless sufficient blast, explosion, or fire confinement structures are installed;
(8) Detention institutions;
(9) Fairgrounds, athletic park complex, stadium;
(10) Feed lot operation, livestock auction, provided that a feed lot be located on not less than 10 acres;
(11) Fuel wholesalers and storage (gasoline, liquefied petroleum) provided that all buildings shall not be within 500 feet of any lot in residential use unless sufficient blast, explosion, or fire confinement structures are installed;
(12) Funeral home, mortuary;
(13) Hospital, sanatorium, private nursing home;
(14) Junk yard or salvage operation provided that all activities are conducted within a completely enclosed building or within an area enclosed on all sides by a solid wall or fence at least 8 feet in height and so long as no junk or salvage is stacked above the plane of the required wall or fence;
(15) Marijuana testing facility:
(a) Marijuana testing facilities shall only be authorized within the Clayton Business Park, located north of US Highway 87 along Dr. Michael Jenkins Road.
(b) All buildings containing a marijuana testing facility use shall not be located within 300 feet of any properly zoned and permitted church or place of worship; elementary or secondary school; or day care facility unless a conditional use permit is issued by the Clayton Board of Trustees under the provisions of this chapter.
(16) Mobile home parks, subject to the following regulations:
(a) The minimum park size shall be 3 acres.
(b) Maximum density shall be 6 mobile homes per acre, exclusive of public right-of-way.
(c) Each mobile home shall be located on a land space not less than 1/6 of 1 acre with a minimum width of 40 feet.
(d) No mobile home shall be located within 20 feet of any other. Any mobile home shall be at least 30 feet from the right-of-way line of any street and at least 10 feet from any property line of the mobile home park.
(e) All driveways shall be at least 30 feet wide and shall be either paved or graveled.
(f) The site shall be graded, drained, and free of rubbish.
(g) No mobile home shall be occupied unless it is connected to adequate utilities, provided with skirting of a durable material, and stabilized and anchored in accordance with regulations promulgated by the State Mobile Housing Commission.
(h) So far as the regulations regarding mobile homes and mobile home parks in this part conflict with Ordinance Numbers 525 and 526 said ordinance are repealed. Any parts of Ordinance Numbers 525 and 526 not contrary or incompatible with this part shall remain in full force and effect.
(17) Radio or television station (with transmitter tower);
(18) Schools: university or college; business, technical, or trade; elementary or secondary;
(19) Theater (drive-in) subject to the following regulations:
(a) ingress and egress for any site abutting a state highway shall be approved in writing by the State Highway Department.
(b) Reserve off-street standing space or side service road space shall be provided at any entrance sufficient to accommodate vehicles in an amount equal to at least 20% of the vehicular capacity of the theater.
(c) Any screen less than 500 feet from a county arterial of state highway shall be so located or shielded that the picture surface cannot be seen from such highway.
(C) Each application for Special Use Zone shall be accompanied by development plans which shall:
(1) Be drawn to a minimum scale of 1" = 100'.
(2) Show boundaries of the property to be developed.
(3) Show the proposed size, location, use and arrangement of all structures parking and loading areas, drainage facilities, and traffic circulation routes.
(4) Indicate the location, type, use and size of structures on adjacent properties within 200 feet of the proposed development.
(D) In the event that a use authorized as a Special Use Zone is permanently discontinued by the owner, the Special Use Zone may be cancelled and removed from the zone map under the provisions for a zone change in this chapter. Upon proper application, that area delineated by such discontinued Special Use Zone shall be re-zoned to the appropriate zone district as determined by the governing body.
(Ord. 558, passed 12-8-1986; Am. Ord. 715, passed 10-13-2021) Penalty, see § 154.99