There shall be no cases or application therefor, nor any particular situation in which this chapter authorizes special uses without the approval of the BZA. Further, no decisions on previous applications shall set a precedent for any other application before the BZA.
(A) The Board may grant a special use approval for a use listed as such in the appropriate zoning district in this chapter if, after a public hearing, it makes findings of facts in writing, that:
(1) The proposal will not be injurious to the public health, safety, morals, and general welfare of the community;
(2) The requirements and development standards for the requested special use as prescribed by this chapter will be met;
(3) Granting the special use will not subvert the general purposes served by this chapter and will not permanently injure other property or uses in the same district and vicinity; and
(4) The proposed use will be consistent with the character of the zoning district in which it is located and the Comprehensive Plan.
(B) When considering a special use the Board of Zoning Appeals may examine the following items as they relate to the proposed use:
(1) Topography and other natural site features;
(2) Zoning of the site and surrounding properties;
(3) Driveway locations, street access, and vehicular and pedestrian traffic;
(4) Parking amount, location, and design;
(5) Landscaping, screening, and buffering;
(6) Open space and other site amenities;
(7) Noise production and hours of operation;
(8) Design, placement, architecture, and building material of the structure;
(9) Placement, design, intensity, height, and shielding of lighting;
(10) Traffic generation; and
(11) General site layout as it relates to its surroundings.
(C) The Board may impose such reasonable conditions upon its approval as it deems necessary to find that the criteria for approval in division (A) above will be served.
(D) The Board may require the owner of the property to make written commitments concerning the use or development of the property as specified under IC 36-7-4-921 and have such commitments recorded in the County Recorder's Office.
(E) Unless otherwise specified by the Board, special use approvals shall be limited to, and run with, the applicant at the location specified in the petition. The Board may also limit special uses to a specific time period and for a specific use.
(F) A use authorized as a special use may not be expanded, extended, or enlarged unless reauthorized by the Board under the procedures set forth in this section for granting a special use.
(Ord. 2013-02, passed 3-11-13)
Editor’s note:
IC 36-4-7-921 was repealed by P.L.126-2011, Sec. 68.