(A) General conditions. In order for any special use to be granted, the applicant, at the hearing, shall present sufficient evidence to enable the Board of Adjustment to find that the following conditions exist where applicable.
(1) All applicable specific conditions pertaining to the proposed use have been or will be satisfied.
(2) Access roads or entrance and exit drives are or will be sufficient in size and properly located to ensure automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or other emergency.
(3) Off-street parking, loading, refuse and other services areas are located so as to be safe, convenient, allow for access in case of emergency and to minimize economic, glare, odor and other impacts on adjoining properties and properties in the general neighborhood.
(4) Utilities, schools, fire, police and other necessary public and private facilities and services will be adequate to handle the proposed use.
(5) The location and arrangement of the use on the site, screening, buffering, landscaping and pedestrian ways harmonize with adjoining properties and the general area and minimize adverse impacts.
(6) The type, size and intensity of the proposed use, including the considerations as the hours of operation and number of people who are likely to utilize or be attracted to the use, will not have significant adverse impacts on adjoining properties or the neighborhood.
(B) Additional conditions. If the Board of Adjustment approves a special use, it may, as part of the terms of the approval, impose any additional reasonable conditions and safeguards as may be necessary to ensure that the criteria for the granting of a permit will be complied with and to reduce or minimize any potentially injurious effect of the use on adjoining properties, the character of the neighborhood, or the health, safety, morals or general welfare of the community. Where appropriate, the conditions may include requirements that street and utility right-of-way be dedicated to the public and that provision be made for recreational space and facilities.
(C) Specific conditions. In addition to the general conditions in division (B) above, special uses shall meet specific conditions for the type of use as indicated in the following requirements.
(1) Multi-family dwellings and complexes.
(a) Maximum density shall be as indicated in § 153.096 of this code.
(b) Where more than one building is to be located on the site, building separation shall be determined as follows.
1. The minimum horizontal distance between the vertical projections of any points on two adjacent buildings shall be determined according to the following table.
2. The vertical projections for each building shall be drawn from that point on each building which is horizontally closest to the other building.
Height of Taller Building
|
Minimum Horizontal Distance Between Vertical Projections
|
20 feet or less | 16 feet |
Between 20.1 and 25.0 feet | 25 feet |
Between 25.1 and 30.0 feet | 30 feet |
Between 30.1 and 35.0 feet | 40 feet |
(c) The minimum distance between the centers of facing windows of different dwelling units shall be 20 feet.
(d) A yard of at least 50 feet shall be provided around the entire perimeter of the site, with the exception of driveways. Parking spaces and accessory buildings shall not be allowed in the required yard.
(e) Access for emergency vehicles to all parts of the complex and to each dwelling unit shall be provided.
(f) Accessory buildings and uses for multi-family dwellings shall be placed in the 50-foot yard around the perimeter of the site.
(g) The Board of Adjustment may approve the inclusion of leasing offices, and of coin-operated laundry facilities, swimming pool snack bars and similar service uses for residents of the multi-family dwelling provided that they are intended to serve residents of the dwelling or complex only, and will not attract outside traffic to the site.
(2) Planned unit developments. A planned unit development is a project which is at least two gross acres in size to be located on land under unified control, planned as a whole and developed in a single development operation or in a definitely programmed series of units or stages of development according to comprehensive and detailed plans, with a program for the provision, operation and maintenance of any areas, improvements and facilities provided for the common use of the occupants or users of the development. Planned unit developments require conditional zoning approval by the Board of Commissioners.
(a) A site plan showing the proposed development of the area shall be drawn to a scale of not less than one inch equals 50 feet and shall bear the seal of a registered state engineer or surveyor.
(b) The plan shall show, at a minimum, the following features with approximate dimensions:
1. Location, arrangements and dimensions of automobile parking spaces, width of aisles, width of bays, angle of parking;
2. Location, arrangements and dimensions of truck loading and unloading spaces and docks;
3. Location and dimensions of vehicular entrances, exits and drives;
4. General drainage system;
5. Location and materials of walls and fences;
6. Ground cover, topography, slopes, banks and ditches;
7. The location and general exterior dimensions of main and accessory buildings;
8. Architectural plans for proposed buildings;
9. The location, dimensions and arrangements of areas to be devoted to planting lawns, trees and other plants;
10. The plans for proposed utility layouts, including sanitary sewers, storm sewers, water distribution lines, natural gas, telephone and electric service, all to be constructed in accordance with town standards;
11. An analysis of anticipated traffic volume;
12. Sediment control plan approved by the county’s Soil and Water Conservation Service;
13. Evidence that the state’s Department of Transportation has been made aware of the proposed development and that the developer will coordinate planning for the development with this agency;
14. Plans for refuse disposal equipment and method of refuse disposal such as compactors or dumpsters; and/or
15. Delineation of areas to be constructed in phases and sequential order. If the development is to be carried out in progressive stages, each stage shall be complete with all necessary parking areas and other supporting facilities completed to serve that portion of the development.
(3) Public buildings, uses, utilities as a conditional rezoning. In addition to other considerations of the rezoning application, the Board of Commissioners shall review each application carefully and shall deny the permit if the benefits to the public will not outweigh any adverse effects the use might have.
(4) Radio and television stations and transmission towers as a special use in RA districts.
(a) Any person that proposes to construct a new wireless support structure or substantially modify a wireless support structure within the planning and land-use jurisdiction of the town must:
1. Submit a completed application on a form provided by the town or as otherwise requested by the town with the necessary copies and attachments to the Board of Adjustment;
2. Tender a nonrefundable payment of $1,000 to the town at the time of the application, which shall be used to offset the town’s reasonable costs in connection with its regulatory review; and
3. Comply with any local ordinances concerning land use and any applicable permitting processes. The Board of Adjustment shall issue a written decision approving or denying an application under this section within a reasonable period of time consistent with the issuance of other land-use permits in the case of other applications, each as measured from the time the application is deemed complete.
(b) Telecommunications facilities not exceeding 150 feet in height are permitted in the RA district. Lattice towers are specifically prohibited. Telecommunications facilities meeting the requirements of this section must be designed with breakpoint technology to minimize the structure’s fall radius and must comply with all federal, state and local laws, including but not limited to those promulgated by the Federal Communications Commission (FCC) and the state’s Building Code.
(c) The following additional conditions and considerations shall be reviewed when processing any application.
1. The minimum distance from the center of the transmission tower to the nearest property line shall be two times the height of the tower or the height of the tower plus 200 feet, whichever is greater.
2. Off-street parking shall be provided at the rate of one space for each employee.
3. Public safety, land use or zoning issues shall be properly addressed and considered, including aesthetics, landscaping, land-use based location priorities, structural design, setbacks and fall zones.
4. Information or materials directly related to an identified public safety, land development or zoning consideration including:
a. Whether an existing or previously approved wireless support structure can reasonably be used for the wireless facility placement instead of the construction of a new wireless support structure;
b. Whether residential, historic and designated scenic areas cannot be served from outside the area;
c. The proposed height of a new wireless support structure or initial wireless facility placement or a proposed height increase of a substantially modified wireless support structure; and
d. Whether replacement wireless support structure is necessary to provide the applicant’s designed service.
(d) The Board of Adjustment shall require applicants for new wireless facilities to evaluate the reasonable feasibility of collocating new antennas and equipment on an existing wireless support structure or structures within the applicant’s search ring. Collocation on an existing wireless support structure is not reasonably feasible if collocation is technically or commercially impractical or if the owner of the existing wireless support structure is unwilling to enter into a contract for such use at fair market value. The Board of Adjustment may require information necessary to determine whether collocation on existing wireless support structures is reasonably feasible.
(e) The Board of Adjustment may condition approval of an application for a new wireless support structure on the provision of documentation prior to the issuance of a building permit establishing the existence of one or more parties, including the owner of the wireless support structure, who intend to locate wireless facilities on the wireless support structure. The Board of Adjustment shall not deny an initial land-use or zoning permit based on such documentation but may condition a permit on a requirement to construct facilities within a reasonable period of time, which shall be no less than 24 months.
(f) This division (C)(4) shall not be construed to limit the provisions or requirements of any historic district or landmark regulation. Government-owned telecommunication facilities erected for the purposes of installing equipment necessary to provide communications for public health and safety are exempt from this division (C)(4).
(g) The following list indicates the town’s hierarchy of preferences for telecommunications facilities, in descending order of preference, with division (C)(4)(g)1. below being the most preferred and division (C)(4)(g)6. below being the least preferred. When an applicant proposes a lower ranked preference, the applicant must establish by clear and convincing evidence that despite diligent efforts to adhere to the established hierarchy within the geographic search area, a higher ranked preference is not technically practicable and/or economically feasible:
1. Concealed attached antenna;
2. Collocation or combination antenna on existing telecommunication towers;
3. Non-concealed attached antenna in private utility easement (on an existing transmission tower structure);
4. Telecommunication facilities on town-owned property, preferably concealed (e.g. faux tree, flagpole, banner pole and the like);
5. Dual-function telecommunication facilities in private utility easement (within an existing transmission tower structure); or
6. New telecommunication facilities on private property, preferably concealed (faux tree, flagpole, banner pole and the like), then monopole, then other design. Lattice towers are specifically prohibited.
(h) Telecommunications facilities subject to this division (C)(4) shall be removed, at the owner’s expense, within 180 days of cessation of use. If such facilities are not removed within this timeframe, the town may give notice that it will contract for removal within 30 days following written notice to the owner. Thereafter, the town may cause removal of the facilities with costs levied upon the owner as provided by applicable law. Upon removal of the facilities, the development area shall be returned to its natural state, topography and vegetation consistent with the natural surroundings.
(5) Community centers, private clubs as a special use.
(a) Noise from a public address system shall not be heard beyond the property.
(b) The use will not be located in an area where traffic congestion will be a problem for neighboring residential uses.
(6) Fraternal organizations not open to the public as special use.
(a) The use shall be located where there shall be no disturbance to residences and shall be adequately designed for its size and purpose.
(b) Noise from the public address system shall not be heard beyond the property where the use is located.
(c) The use shall not be located in an area where traffic congestion will be a problem for neighboring residential uses.
(7) Townhouses as a special use.
(a) Minimum lot area, width, depth and lot coverage requirements shall be as indicated in § 153.096 of this code.
(b) The yard requirements around the perimeter of townhouse projects with more than two attached townhouses shall be increased to 50 feet.
(c) The minimum number of townhouses attached to each other shall be two and the maximum shall be eight.
(d) Any common areas and common open space shall be deeded to a homeowners association and the developer or owner shall file with the Zoning Administrator and record in the county’s Register of Deeds office a declaration of covenants and restrictions as well as regulations and bylaws that will govern the open space. Provisions shall include but not be limited to the following:
1. The association shall be established before the homes, buildings or uses are sold;
2. Membership shall be mandatory for each buyer and all successive buyers, unless another arrangement is approved by the Board of Commissioners which adequately protects the interests of the town and the owners;
3. The association shall be responsible for the liability insurance, local taxes and maintenance of recreation and other facilities;
4. Any sums levied by the association that remain unpaid shall become a lien on the individual owner’s property which shall be subordinate only to tax and mortgagee liens unless another arrangement is approved by the Board which adequately protects the interest of the town and the owners;
5. An owner of each dwelling unit or each homeowner or other building owner shall have voting rights in the association;
6. Uses of common property shall be appropriately limited; and/or
7. The following information shall also be provided:
a. The name of the association;
b. The manner in which directors of the association are to be selected;
c. The post office address of the initial registered office;
d. The name of the city and county in which the registered office is located; and
e. The number of directors constituting the initial Board of Directors.
(8) Commercial amusements. The use shall comply with the town’s ordinance licensing and regulating game rooms and electronic gaming operations, including but not limited to those outlined in Ch. 111 of this code.
(9) Manufacturing, processing, warehousing or transportation use, or public use or utility, which involves outdoor storage, service, operations, emits or will emit smoke, odor, dust, fumes, glare, noise or vibration from the building in which it is located, or involves storage of combustible materials or is among the uses listed as exceptions in HI districts. Conditional zoning district approval required by Board of Commissioners.
(10) Mobile home parks in RMH districts. Conditional zoning district approval required by Board of Commissioners.
(11) Community shelter as a special use in residential districts.
(a) A minimum floor space of 50 square feet shall be provided for each individual sheltered per bedroom.
(b) No facility shall be located within one-quarter mile of an existing community shelter.
(c) The facility operator shall provide continuous on-site supervision by an employee or volunteer during the hours of operation.
(d) The facility shall provide shelter for no more than two temporary adult residents at one time per bedroom.
(12) Mobile homes on individual lots.
(a) Except for mobile homes located on land leased to the homeowner, the mobile home must be placed on a permanent, brick foundation.
(b) Running lights, wheels and axles must be removed. All regulations from the state’s Department of Motor Vehicles must be followed to convert the home to real estate.
(c) A covered porch of no less than 192 square feet (a minimum of eight feet deep by 24 feet wide) constructed of brick to match the foundation must be affixed to the front of the home.
(d) The pitch of the roof shall be no less than five feet rise for every 12 feet of run.
(e) The front door of the mobile home must face the front of the lot. This requirement does not preclude placing a mobile home specifically designed with the front door on the end of the home on the lot, provided that the front door faces the front of the lot and the home includes the required front porch.
(f) The exterior materials, including but not limited to the siding and roofing materials used on the home, shall be compatible in composition, appearance and durability to the exterior materials commonly used in standard residential construction.
(g) Exterior finishes shall be in good repair and in no case shall the degree of reflectivity of the exterior siding, and roofing exceed that of gloss white paint.
(h) Permanent or precast steps shall be constructed or placed at all exterior doors as necessary.
(i) At least two off-street parking spaces shall be provided.
(j) All areas not used for parking, the mobile home or required porches shall be grassed or otherwise suitably landscaped to prevent erosion.
(k) All county and town standards and conditions for approval must be met before a certificate of occupancy is issued.
(l) All requirements for the location of a single-family dwelling on an individual lot shall be met. Any mobile home constructed before July 1, 1976 must be approved by Underwriters Laboratories and any mobile home constructed after that time must meet all applicable state and federal standards.
(m) All mobile homes shall be tied down in accordance with the state’s Regulations for Mobile Homes and Modular Housing.
(n) All the appropriate County Health Department requirements shall be met.
(13) Modular homes.
(a) The modular home must be placed on a permanent, brick foundation.
(b) A covered porch of no less than 192 square feet (a minimum of eight feet deep by 24 feet wide) constructed of brick to match the foundation must be affixed to the front of the home.
(c) The pitch of the roof shall be no less than five feet rise for every 12 feet of run.
(d) The front door of the modular home must face the front of the lot. This requirement does not preclude placing a modular home specifically designed with the front door on the end of the home on the lot, provided that the front door faces the front of the lot and the home includes the required front porch.
(e) The exterior materials, including but not limited to the siding and roofing materials used on the home, shall be compatible in composition, appearance and durability to the exterior materials commonly used in standard residential construction.
(f) No unit may be placed on a lot that was manufactured more than five years before its placement.
(g) Exterior finishes shall be in good repair and in no case shall the degree of reflectivity of the exterior siding and roofing exceed that of gloss white paint.
(h) Permanent or precast steps shall be constructed or placed at all exterior doors as necessary.
(i) At least two off-street parking spaces shall be provided.
(j) All areas not used for parking, the modular home or required porches shall be grassed or otherwise suitably landscaped to prevent erosion.
(k) All county and town standards and conditions for approval must be met before a certificate of occupancy is issued.
(14) Adult establishments. Conditional zoning district approval required by Board of Commissioners.
(15) Retail or wholesale businesses, service establishments, public uses or utilities other than those specifically listed which emit smoke, odor, dust, fumes or noise from the building in which they are located or involve possible fire hazards.
(a) No vibration or noise shall emit from any building or other use between the hours of 8:00 p.m. to 8:00 a.m. if the property located in a CH or LI district is adjacent to a property zoned for residential use.
(b) There shall be a minimum 100 feet landscape and/or architectural buffer between property located in a CH or LI district and any adjacent property zoned for residential use.
(16) Professional offices and sales offices for items not delivered from or stored on the premises as a special use.
(1) Offices shall be for persons engaged in the professions where the services offered are personal to one’s being and are of an intangible nature, and where the profession is one in which a person is required to successfully pass a required competency or skills test administered by a governmental authority to engage in such profession.
(2) Sales offices shall be for sales of real estate and other such items that are not delivered from or stored on the premises used as a sales office, or where the item delivered is an intangible item.
(Ord. 21- , passed - -2021) Penalty, see § 153.999