(A) Purpose. The development and execution of a zoning ordinance is based upon 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. It is recognized, however, that there are special 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 at the particular location. The special uses fall into two categories:
(1) Uses publicly operated or traditionally concerning a public interest; and
(2) 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) Standards. No special use shall be recommended by the Zoning Board of Appeals unless the Board shall find that:
(1) The establishment, maintenance, or operation of the special use will not substantially be detrimental to or endanger the public health, safety, welfare, and morals;
(2) The special use will not substantially be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, or substantially diminish and impair property values within the neighborhood;
(3) The establishment of the special use will not substantially impede the normal and orderly development and improvements of surrounding property for uses permitted in the district;
(4) The adequate utilities, access roads, drainage, and/or other necessary facilities have been or are being provided;
(5) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in public streets; and
(6) The special use shall in all other aspects conform to the applicable regulations of the district in which it is located, except as the regulations may in each instance be modified by the County Board pursuant to the recommendation of the Zoning Board of Appeals.
(C) Planned developments. Planned developments are of a substantially different character from other special uses that specific and additional standards and exceptions are hereby established to govern recommendation of the Zoning Board of Appeals and the action of the County Board.
(1) Use exceptions. In the case of residential, business, or manufacturing planned developments, the Zoning Board may recommend, and the County Board may authorize, that there be in part of the area of the development and for the duration of development, specified uses not permitted by the use regulations of the district in which the development is located, provided the Zoning Board of Appeals shall find:
(a) The uses permitted by the exception are necessary or desirable and are appropriate with respect to the primary purpose of the development;
(b) The uses permitted by the exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood;
(c) Not more than 20% of the ground area or of the gross floor area of the development shall be devoted to the uses permitted by the exception;
(e) The use exceptions so allowed are reflected by the appropriate zoning district symbols and so recorded on the zoning district maps.
(2) Bulk regulations. In case of any planned development, the Zoning Board of Appeals may recommend, and the County Board may authorize, exceptions to the applicable bulk regulations of this chapter within the boundaries of the development, provided that the Zoning Board of Appeals shall find:
(a) The exception shall be solely for the purpose of promoting an integrated site plan no less than beneficial to the residents or occupants of the development, as well as of neighboring properties, than would be obtained under the bulk regulations of this chapter for buildings developed on a separate zoning lots;
(c) The maximum lot area per dwelling unit requirements of this chapter shall not be decreased by more than 15% in any development containing residential uses, and that there shall be available to each residential building and immediately adjacent thereto (including the land area upon which it is erected) the minimum amount of land area required for the building under the lot area per dwelling unit provisions of this chapter;
(d) The spacing between principal buildings shall be at least equivalent to such spacing as would be required between buildings similarly developed under the terms of this chapter on separate zoning lots, due consideration being given to the openness normally afforded by intervening streets and alleys; and
(e) Along the periphery of the planned developments yards shall be provided as required by the regulations of the district in which the development is located.
(D) Conditions and guarantees. Prior to the granting of any special use permit the Zoning Board of Appeals may recommend and the County Board shall stipulate any 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 division (B) of this section. In all cases in which special uses are granted, the County Board shall require 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. O-95-2-12, passed 2-9-2012)