§ 154.36 SPECIAL EXCEPTIONS, REQUIREMENTS AND PROCEDURES.

   (A)   Permitted uses. The special exceptions listed in Table 15 and their accessory buildings and uses may be permitted by the Board in the Districts indicated in Table 1 (§ 154.27), in accordance with the procedure set forth in this section and the requirements listed in Table 15.

   (B)   Requirements.

      (1)   Upon receipt of an application for an improvement location permit for a special exception, the Building Commissioner shall refer such application to the Commission for investigation as to the manner in which the proposed location and character of the special exception will affect the master plan. The Commission shall report the results of its study to the Board within 45 days following receipt of the application. If no such report has been filed with the Board within this time period, the Board may proceed to process the application.

      (2)   The Board shall then proceed with a hearing on the application in the manner prescribed in § 154.71. Following the hearing, and upon an affirmative finding by the Board that:

         (a)   The proposed special exception is to be located in a District wherein such use may be permitted;

         (b)   The requirements set forth in Table 15 for such special exception will be met, and

         (c)   1.   The special exception is consistent with the spirit, purpose and intent of this chapter, will not substantially and permanently injure the appropriate use of neighboring welfare.

            2.   The Board shall order the Building Commissioner to issue an improvement location permit for the special exception.

   (C)   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. Any expansion of such special exception involving the enlargement of the buildings, structures and land area devoted to such use shall be subject to the procedure described in this section.

   (D)   Exceptions. The use of any land for the purposes for which it may be acquired by purchase or condemnation by any person, corporation or other body having the right to exercise the power of eminent domain, is excepted from the provisions of this chapter. Any such person, corporation or other body shall at least 60 days prior to construction inform and discuss the location of said utility with the Plan Commission at a regularly scheduled meeting and within 60 days after the completion of the construction, erection or installation on or in any such land of any structure, building or facilities relating to such use or employment deliver to the Building Commissioner a map showing, at least every half mile, the location of such structure, building or facilities in relation to the nearest section corner, the location of streams, open and tile ditches, and county highways crossed, and with respect to underground facilities the depth thereof below the surface of the ground.

   (E)   Time limitation. In the event that the applicant has failed to commence construction within 24 months after such permit has been issued, or has failed to proceed with construction, once commenced, in accordance with construction time tables commonly prevailing in the construction industry, 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 special exception was issued, said Board may upon its own motion or upon the written petition of any aggrieved person at-public hearing require the applicant to show cause why the Board’s order should not be withdrawn and the improvement location permit for special exception revoked.

Table 15 Special Exceptions and Requirements
Requirement Designation	Requirement
a.	Classification of use permitted
1.	Light Industrial
2.	Local Business
b.	Minimum Lot area
1.	#
2.	1,500 square feet
3.	110 square feet per child
4.	25,000 square feet
5.	20,000 square feet plus 5,000 square feet per horse over four horses
6.	1 acre
7.	5 acres
8.	5 acres including 2,500 square feet per mobile home stand
9.	6 acres
10.	20 acres
11.	40 acres
12.	80 acres
13.	320 acres
14.	Two times requirement for single-family dwelling
15.	2 acres or more
c.	Minimum Yards (Feet)
	Front	Side (Each)	Rear
1.	#	#	#
2.	#	50	50
3.	#	10	30
4.	#	40	40
5.	#	–	–
6.	100	40	40
7.	100	Abutting residential	75
		Abutting other use	35
8.	#	20	#
9.	150	150	150
10.	100	100	100
11.	300	300	300
d.	Building setback from center line of interior road (feet)
1.	40
2.	50
3.	85
e.	Use permitted not closer than 300 feet to a Residential District
f.	Minimum gross floor areas of principal building(s) (square feet)
1.	#
2.	Over 1,000
3.	Determined by number of children to be accommodated
4.	400
5.	Two times single-family dwelling
g.	Plan of landscape development to be submitted with application
h.	Maximum height of structure (feet)
1.	#
2.	As required by appropriate state or federal agency
3.	Same as Light Industrial
4.	45
5.	70
i.	Fence
1.	6-foot wire mesh where accessible to the public
2.	6-foot wire mesh when located at ground level
3.	4-foot wire mesh around play area
4.	Solid wall or solid painted fence 8 feet high
5.	4-foot wire mesh in residence area
6.	Painted board fence 8 feet high
7.	Adequate to protect abutting use
8.	6-foot wire mesh
9.	6-foot solid painted for refuse dump
j.	Screen planting where abutting residential use (tight screen, effective at all times)
1.	6-foot height by 6-foot width
2.	25 feet abutting Residential District or use
3.	8-foot height by 6-foot width
4.	Adequate to screen power substation from street view
5.	6 feet high along streets for refuse dump
o.	Plat approved by the Commission to be submitted with application
p.	Development plan to be submitted with application
q.	Covenant by owners to perpetuate maintenance and approve future improvements
r.	Maximum number of principal entrances from major thoroughfare
1.	1
2.	2
s.	Acceptable relationship to major thoroughfare
t.	Thoroughfares must be adequate to carry additional traffic engendered by use
u.	Other authority approval required
1.	Indiana Department of Environmental Management
2.	Indiana Department of Transportation
3.	I.C. 36-7-4-1103
v.	Outdoor advertising signs and outdoor artificial lighting shall be approved by the Commission
w.	Disposal of liquid and other wastes shall meet the approval of the State Board of Health
x.	No sales, dead storage, repair work or dismantling on the lot
y.	No parking in the front yard, except as provided in § 154.34
z.	Except for approved exits and entrances, a masonry wall 4-feet in height and 6-inches thick erected at required front line of building and may be required along boundaries of parking area as determined by the Commission for the protection of residentially zoned or used property
Note: Use of # symbol in this table indicates that the requirements of the district apply to the special exception where located If the nature of the special exception involves more than one of those listed, the applicant may apply for an improvement location permit for the special exception which most closely relates to the primary use; provided that the requirements of all the related uses will be met. See Table 15A for key to use classification and requirement designations.

 

Table 15A Special Exception Use Classification and Requirement Designations
Special Exception	Requirement Designation
Airport of heliport	b6 (heliport), b12 (airport), g, h2, i1 (airport), i1 (heliport), j1, p, r1, s, t, u, v, w, y
Artificial lakes of 3 or more acres	c1, i1, j1, p, r1, u1, v, w, y
Bulk oil and bottled gas storage above ground and petroleum tank form*	c11, h1
Cemetery or crematory	b11, c2, i1, p, q, r1, v, w, y
Clinic or medical health center	b1, c3, h4, j1, r1, v, w, y
College building	b1, c6, d3, g, h4, p1, t, v, y
Contractor’s equipment and storage yard	c1, e, p, r1, v1, x
Conversion of single-family dwelling to two-family dwelling	b14, c1, f5, h1, p, y
Country club or golf course	c1, d3, j1, p, r1, v, w, y
Fire station or police station	b1, c1, h1, j1, s, y
Greenhouse, commercial	b4, c6, f2, h1, r1, v, w, y
Home occupation	b1, c1, f1, h1, v, y
Hospital	b7, c6, g, h5, j1, p, s, t, v, y
Industrial park	a1, b10, c7, d3, g, h3, j2, o, p, q, r1, s, t, v, w, y
Junk yard	c1, e, h1, i4, r1, v, w, y
Kennel, animal	b15, c9, h1, j1, r1, v, w, y
Kindergarten or day nursery	b3, c8, f3, h1, i3, j1, p, r1, v, y
Material storage, open	c1, e, p, r1, v, x
Mineral extraction, borrow pit, top soil removal and their storage areas	c9, e, h1, i5, j1, r1, s, t, u3, v, w, y
Mobile home park, travel trailer park	b8, c6, d2, g, h1, j1, o, p, q, r1, s, u1, v, w, y
Motel, may include restaurant in connection therewith	b4, c8, f1, g, h1, j1, p, r2, s, u, v, w
Nursing home, home for aged, orphanage	b1, c3, f1, h1, r1, u, v, w, y
Outdoor theater	c6, i6, p, r1, s, t, v, w, y
Outdoor commercial recreational enterprise	c4, d1, h1, i1, j3, p, r2, s, t, v, w, y
Penal or correction institution	b13, c10, e, g, p, r1, y
Practice golf-driving range	c6, i7, j3, r1, v, y
Private recreational development	c4, g, h1, j3, r1, v, w, y
Produce terminal, wholesale	b10, c7, d3, e, h1, i8, j1, p, r1, s, t, v, w, y
Public camp	b7, c6, d1, h1, j3, r1, u1, v, w, y
Public or employee parking areas	b2, p, r1, s, t, v, x, y, z
Radio or television tower	r1, v
Railroad right-of-way and uses essential to railroad operation	h1, r1, v
Raising and breeding of non-farm fowl and animals, commercial, except kennel	b4, c10, h1, j1, r1, v, w, y
Riding stable	b5, c10, h1, j1, r1, v, w, y
Public or commercial sanitary fill or refuse dump	b11, c11, e, i9, j5, r1, u1, v, w, y
Seasonal fishing or hunting lodge	b1, c1, f4, v, w, y
Public or commercial garbage disposal plant	b15, c11, e, r1, u1, v, w, y
Public or commercial sewage disposal plant	b11, c11, e, r1, u1, v, w, y
Shopping center	a2, b9, c2, g, j1, o, p, s, t, u1, v, y
Stadium or coliseum	b7, c2, j1, p, r2, s, t, v, y
Studio business	b1, c1, f1, h1, v, y
Truck freight terminal	c1, e, j1, p, r1, s, t, v, w, y
Tourist home	b1, c1, f1, h1, r1, v, y
Sales barn for livestock resale	c11
*   Requirement standards applicable to industrial uses as set out in § 154.31 shall apply also to the special exceptions

 

(Ord. 480, passed 11-16-1970; Ord. 95-611, passed 10-4-1995)