(A) Purpose. The development and execution of this chapter is based on the division of the county into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land, are substantially uniform.
(1) It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use of the particular location.
(2) Such special uses fall into two categories:
(a) Uses publicly operated or traditionally affected with a public interest;
(b) Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
(B) Initiation of special use. Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable, may file an application to use such land for one or more of the special uses provided for in this chapter in the zoning district in which the land is located.
(C) Application for special use. An application and two copies for a special use shall be filed with the Zoning Enforcement Officer. The application shall be accompanied by such plans and/or data predescribed by the Board of Zoning Appeals and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth herein. Such application may be forwarded from the Zoning Enforcement Officer to the Area Plan Commission with a request for a report relative thereto; a copy shall also be forwarded to the Board of Zoning Appeals who shall hold a public hearing and shall consider the report of the Area Plan Commission, if any.
(D) Hearing on application for special use. Hearing on application for special use shall be pursuant to state law, as amended, and by rules adopted by said Board of Zoning Appeals.
(E) Decisions. No order of the Board of Zoning Appeals granting a special use permit shall be valid for a period longer than six months from the date of such order unless the Board specifically grants a longer period of time or an improvement location permit is obtained within the six-month period and construction is diligently being prosecuted to completion.
(F) Standards. No special use shall be granted by the Board of Zoning Appeals unless such Board shall find:
(1) That the establishments, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, comfort or general welfare;
(2) That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the general area;
(3) 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;
(4) That adequate utilities, access roads, drainage and necessary facilities have been or are being provided; and
(5) 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.
(G) Conditions and guarantees. Prior to the granting of any special use, the Area Plan Commission may recommend and the Board of Zoning Appeals shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this section. In all planned developments, the findings and recommendations of the Area Plan Commission shall be required. In all cases in which special uses are granted, the Board of Zoning Appeals shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.
(Ord. passed 9-1-2006) Penalty, see § 154.999