124.81(A) Certain
are listed as special exceptions and are permitted in zoning districts subject to the approval of the
. These
are considered basically suitable for the districts in which listed, but the character and nature of the
are such that they may necessitate controls and safeguards on the manner of establishment and operation which, by being determined by the
at public hearing, would better serve the interests of the community and the owners of the property in question.
124.81(B) Applications for special exception shall be reviewed by the
. All special exceptions will be reviewed based on the following criteria:
124.81(B)(1) The
is compatible with the existing natural
and other properties within the vicinity.
124.81(B)(2) There will be adequate provision for safe
movement, both vehicular and pedestrian, both internal to the
and in the area which will serve the
.
124.81(B)(3) There will be adequate
, buffering, and general amenities in order to control any adverse effects of noise, light, dust, or other potential nuisances.
124.81(B)(4) The land area is sufficient, appropriate, and adequate for the
as proposed.
124.81(B)(5) The proposed special exception
shall disclose the square feet of
sought for approval so that an adequate evaluation can be made of the special exception
in keeping with the standards and criteria of this Chapter. Should any special exception
seek to expand in size, the extent of expansion shall undergo special exception
review as provided in this Chapter.
124.81(B)(6) It is the responsibility of the
to submit documentation that addresses the above criteria. The
shall have the burden of proof which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact which are to be determined by the
.
124.81(B)(7) Conditions may be stipulated and made a requirement in granting any application for a special exception when it is found by the
to be necessary to further the purpose of the zoning district or compatibility with other property within the vicinity.
(Ord. 2010-21, passed 10-4-2010; Am. Ord. 2014-21, passed 10-20-2014; Am. Ord. 2017-14, passed 11-6-2017)