Uses listed as “Special Uses” shall require individual consideration in each case because of their unique characteristics. Such “Special Uses” may be permitted only upon review and authorization by the Board of Zoning Appeals, subject to certain conditions and safeguards.
(a) General principles and standards for special uses.
(1) The use should be one specifically enumerated as a special use in the district within which such particular site is located.
(2) For every special use, the Board shall make a specific finding, supported by evidence produced at a public hearing, in a manner provided by law, that such use will not be prejudicial to the character of the area.
(3) For every such special use, the Board shall determine that there is appropriate provisions for access facilities adequate for the estimated traffic from public streets and sidewalks so as to ensure public safety and to avoid traffic congestions.
(4) For every such special use, the Board shall determine that there are fully adequate parking areas and off-street loading spaces, in conformity with the parking requirements of this and other related ordinances.
(5) For specified special use, the Board shall require suitable planting or screening in accordance with the requirements of the Zoning Ordinance.
(6) Specified uses for which special permits may be issued shall be deemed to be permitted uses, subject to the meeting of the special conditions contained in this section. Any special use lawfully established as provided for herein shall be deemed a conforming use as of the time of its establishment.
(7) The use will be of such location, size and character that, generally, it will be in harmony with the appropriate and orderly development of the district in which the use is situated and will not be detrimental to the orderly development of adjacent properties, nor inconsistent with the officially adopted Comprehensive Plan.
(b) Specific regulations governing special uses. Each special use shall be considered an individual case, and such use shall conform to the standards of the Zoning Ordinance:
(1) Community buildings, social halls, lodges, fraternal organizations and similar uses.
(a) In R district where permitted, all buildings shall be a minimum of 20 feet from any property line.
(b) In R districts where permitted, there may be included retail sales for guests, only.
(c) All applications for such uses in R districts shall demonstrate that the proposed use will serve primarily the residents of the surrounding neighborhood and that such use cannot satisfactorily be located elsewhere.
(d) In R districts, where permitted, such uses shall not be located on lots of less than 12,000 square feet with a minimum frontage of 100 feet.
(2) Conversions. All conversions shall have at least one off-street parking space per dwelling unit, and each unit shall have adequate light, air, heating and plumbing facilities and shall have at least 3,000 square feet of lot area and 600 square feet of floor area for each dwelling unit, but no converted building shall have more than a total of four dwelling units.
(3) Retail uses in industrial zones. Such uses shall be permitted only where the applicant can prove to the Board that such use is necessary to serve primarily industrial uses in the vicinity.
(4) Related residential uses. Nursing and convalescent homes, rooming houses and nurseries for the day care of young children shall comply with the following.
(a) Any such use shall have sufficient off-street parking to serve the anticipated number of users and employees, and shall have suitable street access without causing undue traffic congestion on local residential streets.
(b) All such buildings shall conform to the minimum lot size, minimum yards and maximum height regulations otherwise specified.
(5) Appropriate public uses. Any public use permitted by the Board as special use shall appropriate to the character of the district in which it is proposed and to the area which it will serve. Such appropriate public uses shall have adequate access and shall provide off-street parking and loading.
(6) Hospitals. Minimum lot size shall be one acre; no structure shall be nearer than 25 feet to any street or other property line; the building(s) shall not occupy over 50% of the lot area.
(7) Public utilities. Proof must be furnished that the proposed location is necessary for the efficiency of the service to be provided; that the design of any buildings or structures are in keeping with the character of the district in which it is to locate, and will in no way adversely affect the safe and comfortable enjoyment of property rights; that adequate and attractive fences and other safety devices will be provided, and that sufficient landscaping, including shrubs, trees and lawns, is provided and will be maintained.
(8) Tourist homes. At least one off-street parking space shall be provided for each rentable bedroom.
(9) Joint occupancy. Entrance to the residential areas shall be off the street on which the building fronts; no dwelling unit shall contain less than 500 square feet of floor space and shall be a complete housekeeping unit.
(10) Filling station. Minimum lot size shall be 10,000 square feet; such station shall not be located within 50 feet of a residence, school, church or other institutional buildings; all pumps must be at least 15 feet from any street, and no driveways shall be within 30 feet of any street intersection. No disabled or wrecked vehicles shall be parked or stored outside of a building or structure for more than seven days.
(11) Automobile salvage and wrecking operations, outdoor storage and junk yards. May not be located nearer than 200 feet to any residence or business district; must be enclosed by a solid fence at least eight feet in height; must be kept in good order and repair at all times, and one appropriate sign will be permitted in identifying the type of business.
(12) Gaming establishments.
(a) Such establishments shall not be located within 750 feet of each other.
(b) No gambling establishment shall be permitted within 1,000 feet of any church, place of worship, library, school, community center, child day care center or publicly owned property designated as a playground, park or otherwise under the control and supervision of the Town of Nutter Fort.
(c) A gambling establishment may be situated without adhering to the restrictions in subsections (b)(12)(a) and/or (b)(12)(b) above only when such an establishment has previously existed at the proposed location within the last 30 days.
(d) The existing gambling establishment locations in the Town of Nutter Fort are as follows:
1. 409 Buckhannon Pike;
2. 1512 Buckhannon Pike;
3. 424 Buckhannon Pike;
4. 1635 Buckhannon Pike; and
5. 1422 Buckhannon Pike.
(Ord. passed 2-14-1978; Ord. passed 7-26-2005; Ord. passed 9-27-2005; Ord. passed 2-7-2006)