(A) The Board of Zoning Appeals shall hear and approve a request for a special exception from the terms of this chapter, but only in the particular cases specified under this chapter, and provided that the following findings have been made at a public hearing on the request, held in accordance with the requirements under the chapter on Advisory Board of Zoning Appeals in this chapter.
(B) The Board of Zoning Appeals shall not have the authority to grant a use variance, as an alternative to granting or denying a special exception in these cases.
(1) In addition to the individual findings that shall be required for each special exception as outlined herein, the following general findings shall be required in all cases:
(a) All persons who own or have controlling interest in the property included in the petition have joined in the petition;
(b) The request complies with the requirements under the chapters of the Floodplain Overlay District in this chapter;
(c) The approval will not be injurious to public health, safety, morals, and general welfare of the community;
(d) The use and value of the area adjacent to the property included in the request will not be affected in a substantially adverse manner;
(e) The approval is in substantial compliance with the comprehensive plan;
(f) The approval is not based solely upon financial hardship or mere convenience;
(g) The approval is in conformance with zoning, subdivision and all other ordinances of the town;
(h) All permits and other requirements under local, Indiana and federal law have been obtained.
(2) For each individual request, the petitioner shall present evidence at the hearing to the Board of Zoning Appeals in support of the criteria for the specific request as outlined below, and the Board of Zoning Appeals shall make a finding of compliance with the criteria before granting a special exception:
(a) Adult entertainment.
1. The establishment shall be located not closer than 1,000 feet to property used for a school, church, playground or park, or to the boundary of a residential, mobile home park or commercial zoning district.
2. All activity conducted on the premises shall be conducted within the structure, and not observable from any location outside the structure.
3. All activity conducted within the structure, including, but not limited to peep shows, dancing, individual booths and movie viewing, shall at all times conducted within visual line-of-sight of the property manager, who is not more than one designated person.
4. Only one person shall be in a viewing booth at one time, and each viewing booth shall be separated completely from each other booth by a non-moveable partition wall.
5. Live nudity and sexual conduct shall not be permitted at any time by any person on the premises.
6. In establishments serving alcohol, no one under the age of 21 shall be permitted to enter; otherwise, no one under the age of 18 shall be permitted to enter the establishment.
(b) Airport or landing field.
1. Compliance with all federal, state and local regulations has been demonstrated.
2. Access to the site shall only be from a designated truck route.
3. All required permits have been secured.
4. Aircraft routing shall not infringe upon the quiet and peaceful use of habitable structures in the vicinity of the site.
5. The proposed site shall be located outside of and not closer than one mile to the corporate limits of the city or to the boundary of a residential, or commercial zoning district; except, however, that a rotary-wing landing site may be located as close as practicable to a hospital.
(c) Asphalt plant.
1. Access to the site shall only be from a designated truck route.
2. All required permits have been secured.
3. The proposed site shall not be located in a floodplain.
4. The proposed site shall be located outside of and not closer than one mile to the corporate limits of the city or to the boundary of a residential, or commercial zoning district.
(d) Campground and recreational vehicle (RV) park.
1. Where the site is to accommodate campers or RVs, the site shall accommodate not less than 20 RVs or camper trailers.
2. No RV or camper shall be placed closer than 25 feet to the traveled part of a public street that is used for access to the park.
3. A potable water source shall be provided that accommodates the maximum number of intended users.
4. Bathing and toilet facilities shall be provided for campers.
5. The park shall be connected to a public wastewater collection and treatment facility.
6. All accommodations shall be approved by the state, city, or Monroe County Health Department as appropriate.
(e) Cement mixing (batch) other processing plants.
1. Access to the site shall only be from a designated truck route.
2. All necessary permits have been secured.
3. The proposed site shall not be located in a floodplain.
4. The plant is located not closer than 1,000 feet to a residential district, or 1,000 feet to a commercial zoning district.
5. All erosive material shall be retained on-site and shall not be permitted to enter into the stormwater control systems of the town or county.
(f) Commercial composting facility.
1. Access to the site shall only be from a designated truck route.
2. Required permits have been secured and the facility complies with the requirements at I.C. 13-20.
3. The proposed site shall not be located in a floodplain.
4. A proposed site shall be located outside of and not closer than 1,000 feet to the corporate limits of the city, and not closer than 600 feet to the boundary of a residential, or commercial zoning district.
5. The site shall not be used as a landfill.
(g) Communications facility; de- tached.
1. The criteria under the chapter on communication facilities have been satisfied.
2. State and federal requirements and permits have been secured.
(h) Livestock auction, dealer or transportation facility.
1. Access to the site shall only be from a designated truck route.
2. All permits required under state law have been secured.
3. No part of the proposed site shall be closer than one-half mile to the corporate limits or to the boundary of a residential, mobile home park or commercial zoning district.
4. Animals shall be kept at the site only as required to facilitate normal transportation interchange requirements, and no breeding or raising of animals shall be permitted on-site.
5. The facility shall not have access from streets that traverse a residential or mobile home park area.
(i) Recycling facility solid waste sorting facility or transfer station.
1. Access to the site shall only be from a designated truck route.
2. All permits required under state and federal law have been secured.
3. The proposed site shall not be located in a floodplain or a conservation zoning district.
4. The proposed site shall not be located closer than one half mile to the boundary of a
residential, or commercial zoning, district, or within one half mile of any church or school.
5. A proposed facility shall be used for temporary storage of recyclables and refuse for a maximum of two days.
(j) Salvage yard, junk yard or scrap metal processing facility.
1. The operation shall comply with the terms and permitting requirements under I.C. 9-22-4.
2. Access to the site shall only be from a designated truck route.
3. All permits required under state law have been secured.
4. The proposed site shall not be located in a floodplain or a conservation zoning district.
5. The proposed site shall be located outside of and not closer than 1,000 feet to the boundary of a residential, or commercial zoning district, or school property.
6. A solid screen of plants or fencing shall completely isolate the site and its contents from view from any public road.
(k) High impact sports facility.
1. If the facility is an animal, auto, truck, or tractor racing track, or where the facility will require routine access for heavy trucks, access to the site shall only be from a designated truck route.
2. The facility shall have permanent buildings connected to a public wastewater collection and treatment facility.
3. All permits required under state law have been secured.
4. On-site parking and loading facilities shall be sufficient to accommodate the largest expected attendance.
5. If the facility is an auto, truck, or tractor racing track or go-cart track, the site shall be located outside of and not closer than one-half mile to the boundary of a residential or mobile home park zoning district.
6. Lights used within the facility shall be installed in a manner that does not permit direct lighting of off-site residential, or commercial structures.
(l) Multi-family housing.
1. The scale of the proposed housing shall be compatible with the scale and use of neighboring properties;
2. A minimum of 10% of the total acreage, excluding the buffering, shall be set aside for green space, parks, playgrounds and/or trails;
3. There shall be a minimum of one dumpster enclosure per 25 units;
4. Parking areas shall be landscaped and equipped with downward lighting.
(Ord. 03-05, § 840-10, passed 5-27-2003; Am. Ord. 06-24, passed 12-11-2006; Am. Ord. 2016- 13, passed 11-14-2016; Am. Ord. 2018-08, passed 5-14-2018; Am. Ord. 2020-11, passed 2-24-2020)