(A) Generally. The Board of Zoning Appeals may permit special exceptions after a public hearing in the specified districts indicated in Table of Primary Uses set forth in § 151.042. No permit for a special exception shall be granted unless the Board shall have first found that the public convenience and welfare will substantially be served and that the proposed use will not be unduly detrimental to the surrounding area. In the exercise of its approval, the Board may impose such additional conditions regarding the location, character and other features of the proposed building or structure or use as it may deem advisable in the furtherance of the proposes of this chapter. A special exception may be issued for any use in any district if the Board finds that the use will substantially serve the general public and the use will not be unduly detrimental to the surrounding area and does not set a precedent to that area. Commercial uses should not be granted a special exception in a residential area.
(1) Upon approval for the special exception, the Zoning Administrator shall issue an improvement location permit.
(2) Upon a finding by the Board that the special exception with additional special requirements may be issued, the Board shall order the Zoning Administrator to issue an improvement location permit for the special exception, provided the applicant agrees in writing to such additional special requirements.
(3) Upon a finding by the Board that the special exception is not consistent with the spirit, purpose or intent of this chapter, may substantially or permanently injure the appropriate use of the neighboring property, or will not serve the public convenience or welfare, the Board shall disapprove the special exception.
(4) The Board may table the application for a special exception, and refer it to the Zoning Administrator or committee with a request for further information, review and recommendations to the Board.
(B) Special Exception - Existing Uses. An existing use which is listed herein as a special exception and which is located in a district in which such special exception may be permitted, is a conforming use; however, any expansion of such special exception involving the enlargement of the building structure, or the land area devoted to such use, shall be reviewed by the Zoning Administrator for compliance and may be subject to Board procedure described in this section.
(C) Special Exception - Time Limit. In the event that the applicant has failed to commence construction within six months after such permit has been issued, or failed to proceed with construction, once commenced, in accordance with the construction timetable commonly prevailing in the construction industry, and subject to the Board's discretion as to the reasonableness of construction delays, or fails to conform to the provisions of the development plan and supporting data finally approved by the Board, and upon the basis of which such improvement location permit for the special exception was issued, said Board may upon its motion or upon the written petition of any aggrieved person at a public hearing, require the applicant to show cause why the Board's order should not be withdrawn and the improvement location permit for the special exception be revoked.
(D) Special Exceptions Approval. A special exception shall be an authorized use in a district provided that all requirements can be met and the Board of Zoning Appeals finds that the use will not create an unnecessary hardship or nuisance on the surrounding property.
(1) All requirements shall be completed prior to any operation of that use being started.
(2) The following uses may be permitted as a special exception in districts as outlined in the Table of Primary Uses set forth in § 151.042. The restrictions set forth in Table 2: Special Exceptions shall be considered minimum requirements and the Board may make any other reasonable restrictions it feels are necessary to protect that district. If a use is not listed in Table 2, the Board must consider the use and the restriction. The Board may place reasonable restrictions on property to ensure than an unnecessary hardship or nuisance is not created on surrounding property.
(3) In granting a special exception the Board shall take into consideration the restrictions outlined in Table 2 along with other restrictions in a fair and unbiased decision.
(a) The special exception will not create an unnecessary hardship on surrounding property.
(b) The special exception will not devaluate the surrounding property.
(c) The special exception will not set a precedent for that district.
(E) Special Exception Requirements. All parking requirements shall be in accordance with the parking requirement outlined in § 151.076. All special exceptions shall conform to the following restrictions:
(1) Lights shall be placed in such a way that they do not infringe upon the rights of adjacent property owners. At no time shall any light be placed within ten feet from any property line.
(2) Parking areas shall be a minimum of ten feet away from any other residential dwelling and shall be screened where light or noise will not interfere with the comfort of the adjacent property owner.
(3) No unsafe, uncomfortable, or offensive vibrations, noise, visual effects, odors or air pollutants that would cause unnecessary hazard to the health or general welfare of the surrounding area shall be allowed to radiate across lot lines.
(4) Any use listed as a special exception in Table of Primary Uses set forth in § 151.042 shall meet the requirement for minimum lot size, setbacks, parking requirements, entrances, exits, fencing and screening in Table 2: Special Exceptions set forth below.
(5) No loading berth may be closer than 50 feet from any residential dwelling.
(6) All areas which are used for outside storage shall be screened or fenced with no less than six foot woven fence or screen,
(7) No more than one entrance or exit shall be authorized with a use unless approved by the Board.
(8) Buildings within the following areas may be located no closer to interior roads than the distance, in feet, respectively prescribed below:
AREA
|
DISTANCE |
AREA
|
DISTANCE |
Golf Course | 50 feet |
Industrial Parks | 50 feet |
Mobile Home Parks and Travel Trailer Parks | 50 feet |
Outdoor Recreational Parks | 75 feet |
Campgrounds | 50 feet |
Junk Yards | 100 feet |
Fairgrounds | 100 feet |
(F) Table 2: Special Exceptions begins on next page.
USE | RESTRICTIONS |
Adult Book Store | A1, B1, C8, G3, H2, I1 |
Airport | A9, B8, C9, D4, E4, F2, G3, H3, I14 |
Anhydrous Ammonia Sales or Storage | A5, B8, C8, D3, E3, F2, G1, H2, I14 |
Animal or Fowl Processing Plant | A5, B5, C7, D3, E3, F2, G1, H1, I6 |
Asphalt Plant | A5, B6, C7, D3, E3, F2, G1, H2, I14 |
Auto Race Track | A6, B3, C9, D3, E3, F5, G1, H2, I14 |
Bed and Breakfast | A1, B1, C1, E1, G1, I11 |
Billboard | A1, B4, C5, D3 |
Campground | A5, B4, C6, D2, F2, G1, H1, I10 |
Cemetery or Crematory | A4, B2, C5, D2, F1, G1 |
Community House | A1, B1, C2, I11 |
Contractor Storage Yard | A4, B5, C5, F2, G1, H1, I14 |
Country Club or Golf Course | A7, B5, C2, F1, G1, I14 |
Day Care or Home Child Care | A1, B1, C2, F1, G1, I14 |
Explosives, Manufacture or Storage | A4, B7, C5, D3, E5, F2, G1, H1, I6 |
Fairground | A7, B6, C6, D2, E3, F2, G1, H1, I14 |
Farm, Confinement Feeding | A6, B9, C9, D4, E4, F2, G1, H3, I14 |
Farm, Equipment Sales | A4, B5, C5, D2, E2, F2, G1, I6 |
Food Processing Plant | A4, B5, C6, D2, E2, G1, I6 |
Golf Driving Range | A5, B6, C5, F2, G1, I14 |
Heliport | A5, B7, C7, D3, E3, F2, G1, H1, I14 |
Horse Race Track | A6, B6, C7, D3, E3, F2, G1, H1, I14 |
Hospital | A3, B4, C5, E1, G2, I11 |
Hotel or Motel | A3, B4, C4, G1, I11 |
USE
|
RESTRICTIONS |
USE
|
RESTRICTIONS |
Industrial Park | A5, B4, C6, D2, E2, F2, G1, I6 |
Jail or Correctional Institution | A5, B5, C8, E5, F3, G1, H1, I2 |
Junk Yard | A6, B6, C9, D3, E4, F5, G1, H2, I14 |
Kennel | A1, B5, C5, F2, G1, H1, I14 |
Lodge or Private Club | A3, B4, C4, H1, I1 |
Manufacturing Plant | A3, B5, C5, E2, F6, G1, H1, I6 |
Marina | A6, B7, C9, D3, E3, F2, G1, H1, I6 |
Mineral Extraction | A6, B7, C9, D3, E3, F2, G1, H1, I6 |
Mobile Home | A1, B1, G1, I10 |
Mobile Home Court | A4, B4, F2, G1, I10 |
Nursing Home | A3, B1, C4, G1, I10 |
Oil Well | A5, B8, C9, E4, F2, G1, I14 |
Orphanage Home | A3, B1, C3, I14 |
Pet Shop | A1, B1, C4, F1, G1, I6 |
Planned Unit Development | A5, B2, G1, I3 |
Private Landfill | A3, B6, C6, F2, G1, I14 |
Private Recreational Development | A5, B5, C5, D2, E2, F2, G1, I14 |
Public Park | A1, B2, C3, F2, G1, I14 |
Public Utilities | A1, B4, C4, F2 |
Ready Mix Plant | A5, B5, C8, E4, F2, G1, I6 |
Recreational Enterprise | A5, B5, C6, E2, F2, G1, H1, I14 |
Recycling Plant | A3, B5, C7, E3, F2, G1, H1, I6 |
Seasonal Lodge | A1, B1, C4, F2, G1, I11 |
Sanitary Transfer Station | A3, B5, C6, E2, F2, G1, H1, I6 |
Saw Mill | A5, B6, C7, D3, F2, G2, H1 |
USE | RESTRICTIONS |
Sewage Disposal Plant | A3, B5, C8, E4, F2, G1, I6 |
Shooting Range (Indoor) | A1, B1, C5, I2 |
Shooting Range (Outdoor) | A3, B5, C6, F2, G1, I2 |
Slaughter House | A4, B5, C6, E3, F2, G1, H1, I6 |
Special Service Resident | A1, B1 |
Stadium, Athletic Field | A5, B4, C6, F1, G1, I14 |
Theater, Outdoor | A3, B5, C6, F6, I14 |
Travel Trailer Park | A4, B5, C6, F2, G1, I10 |
Truck Sales and Service | A1, B4, C5, E2, F2, G1, I1 |
Truck Terminal | A3, B4, C5, E2, F2, G1, I14 |
Veterinary Clinic | A3, B4, C6, I1 |
Warehouse Storage - Grain | A4, B5, C6, E3, G1, I6 |
Wholesale Produce Terminal | A1, B4, C4, G1, I6 |
THESE RESTRICTIONS SHALL BE THE MINIMUM ALLOWED FOR SPECIAL EXCEPTIONS
A. Minimum Lot Size
1. #
2. 30,000 sq. ft.
3. 1 acre
4. 2 acres
5. 5 acres
6. 10 acres
7. 15 acres
8. 40 acres
9. 80 acres
10. 320 acres
B. Minimum Setbacks
FRONT
|
REAR | SIDE |
FRONT
|
REAR | SIDE | |
1 | # | # | # |
2 | # | 10 | 25 |
3 | # | 20 | 20 |
4 | 50 | 25 | 20 |
5 | 100 | 50 | 50 |
6 | 100 | 100 | 100 |
7 | 150 | 25 | 20 |
8 | 150 | 150 | 150 |
9 | 300 | 300 | 300 |
10 | 500 | 100 | 100 |
11 | 1,000 | 100 | 100 |
C. Minimum Setback From Residential Dwelling
1. 10 feet
2. 20 feet
3. 50 feet
4. 75 feet
5. 100 feet
6. 300 feet
7. 500 feet
8. 660 feet
9. 1,000 feet
10. 1,320 feet
D. Minimum Distance From Residential District
1. 50 feet
2. 100 feet
3. 500 feet
4. 1,000 feet
E. Minimum Distance From Loading Berth to Residence
1. 75 feet
2. 100 feet
3. 500 feet
4. 1,000 feet
F. Fence or Screening
1. 4 foot wire mesh
2. 6 foot wire mesh
3. 8 foot wire mesh
4. 4 foot solid wall
5. 6 foot solid wall
6. 8 foot solid wall
7. Screen hedging to hide view
G. Maximum Number of Entrances From Any Street
1. 1
2. 2
3. 3
H. Minimum Distance From Church, School or Town
1. 500
2. 1,000
3. 1, 320
I. Parking Spaces Required
1. 1 per 125 sq. ft. of floor space
2. 1 per 200 sq. ft. of floor space
3. 1 per 500 sq. ft. of floor space
4. 1 per 1,000 sq. ft. of floor space
5. 1 per 5,000 sq. ft. of floor space
6. 1 per employee per shift
7. 1 per each two employees
8. 1 per each three employees
9. 1 per four public seats
10. 1 per unit
11. 1 per sleeping unit
12. 1 per six seats
13. 1 per active member
14. Adequate for the use
(Ord. 5-2002, passed 3-4-02) Penalty, see § 151.999