(A) Definition. A SPECIAL USE is a use which is necessary or desirable for the public welfare, but which is potentially incompatible with the uses normally permitted in the zoning district established herein. It is hereby declared the policy and purpose of this chapter to employ the special use as a flexible means of permitting certain exceptions to the districts established and the rules and regulations adopted herein, in cases where the public benefit of such uses outweighs the potential harm, and under such conditions imposed as are necessary to protect the public health, safety, and welfare and individual property rights.
(B) Authorizing special use permits. Special use permits may be authorized by the Zoning Board in accordance with the procedure set forth in § 152.069, when it appears:
(1) That it is reasonably necessary for the public convenience at that location;
(2) That it is so designed, located, and proposed as to be operated so that it will not be injurious to the district in which it shall be located or otherwise detrimental to the public welfare;
(3) That it conforms to the applicable regulations and standards of, and preserves the essential character of, the district in which it shall be located; and
(4) That in the case of an existing nonconforming use, will make such use more compatible with its surroundings.
(C) Schedule of special uses. Special uses which may be authorized by the Zoning Board are as follows:
(1) Multi-family dwellings in the R - Residential District, subject to § 152.045(B);
(2) The keeping, raising, or feeding of livestock or poultry, including dairying, poultry, swine, sheep, goats, beef cattle, pony and horse productions, fur farms or beekeeping or such structures for housing livestock, poultry, or bees or for preparing livestock or poultry products for market in all districts, subject to the following standards:
(a) At no point on the lot line of such special use shall any noise, smoke and particulate matter, vibrations, toxic or noxious matter, odors, vapors, or gases of such use be objectionable to the occupant of any adjacent property; and
(b) No such special use shall discharge into any drainage channel or watercourse material which would contaminate or make undesirable any lands or waters outside of the lot.
(3) Electric and/or gas substations, public waterworks and appurtenant structures, telephone exchanges, police stations, fire stations, and governmental administration buildings in all districts;
(4) Trailer coaches and trailer coach parks:
(a) Trailer coaches or individual lots outside of a trailer coach park in the R - Residential and A - Agricultural Districts, subject to the regulations of the district; and
(b) Trailer coach parks in the R - Residential and A - Agricultural Districts, subject to regulations of the district and the following:
1. Applicant shall submit a license by appropriate authority;
2. The applicant shall submit plans and specifications for the proposed trailer coach park, the site shall not contain less than three acres, have not less than 15 trailer coach spaces at first occupancy, and have no more than ten trailer coach spaces per gross acre, the minimum size of all spaces shall be not less than 3,000 square feet;
3. All trailer coach spaces shall be provided with a sanitary sewer system and public water system;
4. Each trailer coach space shall be provided with one off-street automobile parking space; and
5. Each trailer coach park shall be limited to providing no more than one sign per public road entrance of not more than eight square feet in size.
(5) Churches or similar places of worship, parish houses, Sunday schools, rectory or parsonage, in the R - Residential, A - Agricultural, and C - Commercial Districts;
(6) Public, parochial, or private schools (which may include a convent or teacherage) in the R - Residential and A - Agricultural Districts;
(7) Public libraries, museums, art galleries, community centers in the R - Residential, C - Commercial, and A - Agricultural Districts;
(8) Hospitals, nursing homes, doctors clinics, veterinary clinics in the R - Residential, C - Commercial, and A - Agricultural Districts;
(9) Clubs, private clubs, private lodges, country clubs, and golf courses in the R - Residential and A - Agricultural Districts;
(10) Cemeteries in the R - Residential and A - Agricultural Districts;
(11) Junk yards and salvage yards in the I - Industrial District; provided, they shall be enclosed on all sides by a solid fence, wall, or hedge at least eight feet in height;
(12) Topsoil removal in all districts;
(13) Sewage treatment plants in the A - Agricultural and I - Industrial Districts;
(14) Beauty shops and barber shops in the R - Residential District;
(15) Dwelling units in commercial buildings in the C - Commercial District;
(16) Auto repair and auto body shops, or combination thereof, in the R - Residential District; provided the following conditions exist:
(a) The business of auto repair or auto body shop shall be conducted in an enclosed building or structure;
(b) The owner of such auto repair business or auto body shop shall reside on the premises of the business;
(c) No more than two motor vehicles belonging to persons other than the owner are located anywhere on the property; and
(d) A special use permit issued for auto repair or auto body shop, or combination thereof, shall be issued annually and shall be reviewed for compliance by the Zoning Board annually from the date it was originally issued.
(D) Applicability of district regulations. In addition to any special conditions or restrictions prescribed by the Board, the yard and setback line regulations and standards of the district in which the special use is located shall apply.
(1977 Code, § 5-8) (Ord. passed 9-12-1966; Ord. passed 2-11-1991)