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§ 156.104 PROCEDURE.
   (A)   After legal publication and due notice, the Plan Commission shall hold a public hearing. In its consideration, the Plan Commission will attempt to determine if the special use is necessary for public convenience at the specific location requested; if it is so designed, located and proposed to be operated in a manner to protect the public health, safety and general welfare of the neighborhood; and further to determine that the special use will not have substantial negative impact on other property in the surrounding area.
   (B)   After said public hearing, the Plan Commission shall submit its report and recommendations to the Town Council. Such recommendations by the Plan Commission shall be advisory only, and shall not be binding on the Town Council. The Commission may recommend, and the Town Council may impose such conditions and restrictions as may be deemed necessary to promote the general objectives of this chapter and of the Comprehensive Plan for the Town.
   (C)   The Town Council shall schedule a public hearing on the application after receiving the report and recommendation of the Plan Commission. A special use shall not be granted by the Town Council unless the special use shall:
      (1)   Be deemed necessary for the public convenience in that specific location;
      (2)   Be so designed, located and proposed to be operated in such a manner that the public health, safety and general welfare will be protected; and
      (3)   Be of a nature that will not cause substantial negative impact on other property in the neighborhood in which it is to be located.
(Ord. 9-80, passed 12-15-1980)
§ 156.105 CONDITIONS AND/OR RESTRICTIONS.
   (A)   The Town Council may provide such conditions and restrictions upon the construction, location and operation of a special use, including, but not limited to, location of points of vehicular ingress and egress, off-street parking and loading, building setbacks and the like, as may beseemed necessary to promote the general objectives of this chapter and to minimize any injury to the value of the property in the neighborhood.
   (B)   Failure to maintain such conditions or restrictions, as imposed, shall constitute grounds for revocation of the special use permit.
(Ord. 9-80, passed 12-15-1980)
§ 156.106 CHANGES, EXPANSION, ALTERATIONS.
   (A)   Any proposed expansion, change or alteration in the operation of the permitted use shall be reported in detail to the Town Council in written form and it shall be the Town Council’s responsibility to determine if such change is of a significantly substantial nature to require the issuance of a new permit.
   (B)   If the Town Council determines the proposed change is not of a significant nature and may be done under the current permit, the Town Council shall so notify the applicant in writing. All correspondence regarding same is to be attached to the original special use permit and becomes a part of said permit.
   (C)   If the Town Council determines the requested change is of a significant nature and a new permit is required, an application shall be filed and processed in the same manner as any new application, with publication, notice, hearings and the like.
(Ord. 9-80, passed 12-15-1980)
§ 156.107 ABANDONMENT, CHANGE IN OWNERSHIP.
   (A)   Whenever a special use is abandoned or becomes unused for a continuous period of one year, such special use permit shall terminate and the owner shall be required to obtain a new special use permit prior to commencing operation.
   (B)   A special use permit goes with the land and a change of ownership does not void the permit. The new owner must, however, abide with all details of operation and conditions/restrictions previously imposed on said permit or file for a new permit to cover any changes.
(Ord. 9-80, passed 12-15-1980)
SPECIAL PROVISIONS
§ 156.120 FENCE REGULATIONS.
   (A)   General provisions - all districts.
      (1)   No fence or wall shall be constructed of or contain barbed wire, broken glass, spikes or sharp and dangerous objects, nor be electrically charged; except that, barbed wire may be used at the top portion of a permitted fence or wall if located more than eight feet above the adjacent ground level. Such permitted barbed wire shall be considered part of the fence height restrictions.
      (2)   All fences and walls permitted herein may be located immediately adjacent to the lot lines.
      (3)   Variances from the restrictions of this section may be authorized only by the Board of Zoning Appeals, with the exception of a fence authorized in conjunction with a special use permit.
      (4)   Visibility requirements, per § 156.121 of this chapter, shall take priority over the provisions of this section in location and height of permitted fences.
      (5)   All fences and walls shall be kept in a state of good repair.
   (B)   Fences permitted in residential and business districts.
      (1)   Within the required front yard area, no fence or wall, (other than a necessary retaining wall) shall be higher than five feet.
      (2)   A fence or wall, not more than seven feet in height may be installed in the side and/or rear yards of any lot in a residential or business district. On a through lot where such rear yard or portion thereof abuts a front yard of an adjacent property, said fence or wall shall not exceed five feet in height.
   (C)   Fences permitted in industrial districts. In an industrial district, a fence or wall, not to exceed 12 feet in height, may be installed immediately adjacent to any property line subject to § 156.121 of this chapter.
   (D)   Fences around junk yards or automobile wrecking yards.
      (1)   An opaque fence, not less than eight feet in height, nor more than 12 feet in height, shall be maintained in a state of good repair around all junk yards and/or automobile wrecking yards subject to § 156.121 of this chapter.
      (2)   It is the intention of this provision that required fences shall be more attractive than the view they are constructed to obscure.
 
(Ord. 9-80, passed 12-15-1980; Ord. 1997-3, passed 10-20-1997)
§ 156.121 VISIBILITY REQUIREMENTS.
   (A)   Street intersection visibility requirements. On a corner lot, in any district, no fence, hedge, wall, sign or other structure shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of two and one-half feet and eight feet above the established grade level of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of the intersection; except that, the location of principal buildings, traffic-control devices and public utility fixtures shall not be affected by this requirement.
   (B)   Driveway and alley visibility requirements. At intersections of driveways and alleys with streets, no fence, hedge, wall, sign or other structure shall be erected, placed or allowed to grow in such a manner at to impede vision between a height of two and one-half feet and ten feet above the established driveway or alley grade level in the area bounded by the driveway or alley lines and lot lines and a line joining points along said lines ten feet from the point of intersection of such driveway or alley lines and such lot lines.
(Ord. 9-80, passed 12-15-1980)
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