§ 194.075  URBAN SPECIAL USE DISTRICTS.
   (A)   Intent. These districts are composed of uses which have unique physical and operational characteristics which do not allow them to be easily categorized into a specific land use type (residential, commercial, industrial). Uses in these districts may be appropriate to and compatible with a broader range of adjacent land uses. However, certain operational features of the uses (i.e., parking, hours of operation, intensity of use) require that they be scrutinized in their location within the town to ensure that these operational features will not have an adverse impact on adjacent uses. Because of this, a greater range of flexibility is built into the review of development standards and all SU Districts require development plan review and approval by the Plan Commission.
   (B)   Permitted uses.
      (1)   Primary uses.
         (a)   SU-1, schools or school related facilities;
         (b)   SU-2, churches;
         (c)   SU-3, golf course, golf driving range;
         (d)   SU-4, airport or landing field;
         (e)   SU-7, charitable and philanthropic institutions;
         (f)   SU-8, buildings and grounds used by any department of town, township, county, state or federal government;
         (g)   SU-9, cemeteries;
         (h)   SU-12, swimming pool, commercial;
         (i)   SU-13, community center;
         (j)   SU-14, library;
         (k)   SU-16, light and power substation, water tank and similar structures;
         (l)   SU-17, radio or telecommunications receiving or broadcasting towers, including wireless telecommunications facilities, and associated accessory buildings; and
         (m)   SU-20, extracting of gravel, sand, peat and other raw materials.
      (2)   Special exception uses. Public utility structures and facilities, including telephone exchanges and minor electrical substations.
      (3)   Accessory uses. See § 194.095 of this chapter.
      (4)   Temporary uses. See § 194.096 of this chapter.
   (C)   Development standards. All development permitted within the special use districts shall conform to the development standards applicable to the specified zoning district as follows:
 
Special Use District
District Applicable Development Standards
SU-1
B-O
SU-2
B-O
SU-3
B-3
SU-4
I-3
SU-7
B-O
SU-8
B-2
SU-9
B-O
SU-12
B-3
SU-13
B-1
SU-14
B-O
SU-16
I-1
SU-17
I-2, and per the requirements of § 194.070 of this chapter
SU-20
I-3, and per the requirements of division (E) below
 
   (D)   Development plan approval required. All lots located in a special use (SU) district shall be subject to the filing of a development plan for review and approval by the Plan Commission, as set forth in §§ 194.125 through 194.128 of this chapter. The applicable development requirements shall be those of the commercial or industrial district corresponding to the special use district noted in division (C) above.
   (E)   Additional development requirements for the SU-20 District. In addition to the regulations of divisions (B), (C) and (D) above, the additional development requirements of this division (E) shall apply to the SU-20 District. In the event of conflict between this division (E) and the regulations of divisions (B), (C) and (D) above, the most stringent specifications shall govern.
      (1)   Intent. It is the intent of this division (E) to establish reasonable and uniform limitations and controls for the production of sand, gravel, borrow and other mineral or earthen materials through excavation or mining to the extent permitted by applicable law. Restrictive limitations and controls are deemed necessary and in the public interest to effect practices which will provide for production of sand, gravel, borrow and other mineral or earthen materials which will:
         (a)   Take into consideration the surface use of land;
         (b)   The value and character of the existing improvements in the districts where such production is hereinafter permitted;
         (c)   The desirability of the area for residential or other permitted uses; and
         (d)   Any other factor directly relating to the public health, comfort, safety and general welfare in these districts.
      (2)   Filing procedures.
         (a)   The filing procedures and requirements of a development plan for review and approval by the Plan Commission shall be as set forth in §§ 194.125 through 194.128 of this chapter.
         (b)   The filing of an operational plan, per the requirements of division (E)(5) below.
      (3)   Permit required. No extracting of gravel, sand, peat and other raw materials shall occur unless an improvement location permit has been issued by the town and a development plan and operational plan are approved by the Plan Commission.
      (4)   Bonding.
         (a)   Prior to the issuance of an improvement location permit, as required by division (E)(3) above, the applicant shall provide a corporate surety bond for the faithful performance of all applicable requirements of this chapter, including the operation and the completion and reclamation of the extraction or mining operations in accordance with the approved site and operational plan, as required by this chapter. Such improvement location permit may be issued and bond filed for the total operation or for one or more phases thereof, as shown on the site and operational plan. If the operation is to be accomplished in phases, each new phase of the operation shall require a new improvement location permit, site and operational plan and corporate surety bond.
         (b)   The corporate surety bond shall be in an amount equal to 110% of the estimated cost of performance of all applicable requirements of this chapter, as determined by the town’s Engineer and be with surety approved by the town. Said bond shall run jointly and severally to the town and any other governmental agency requiring a similar bond. Said bond shall specify the time for the completion of all of the applicable requirements of this chapter, and shall specify the total operational area, or phase thereof, covered by the bond.
      (5)   Operational plan. An operational plan shall detail the operational area, or phase thereof, covered by the development plan. The operational plan shall further detail the:
         (a)   Method of extraction or mining;
         (b)   Hours of operation;
         (c)   Storage of equipment;
         (d)   Stockpiling of materials; and
         (e)   Plan and timetable for reclamation of the real estate within the operational area, or phase thereof, upon completion of extraction or mining within the operational area, or phase thereof.
      (6)   Perimeter yards.
         (a)   The minimum required depth of required perimeter yards surrounding the operation shall be 100 feet.
         (b)   No extraction or mining operation, or portion thereof, shall be permitted within said perimeter yard.
      (7)   Landscaping. Landscaping of said perimeter yard shall conform to Level C requirements as specified in § 194.109 of this chapter, Tables A, B and C. Said landscaping shall be installed within six months of the commencement of any extraction or mining operations on the real estate.
      (8)   Fencing. Fencing of the entire perimeter of the operational area, or phase thereof, shall be required to ensure safety and restrict access. Said fencing shall be located on or within ten feet of the lot line and shall be a minimum of six feet in height, measured from grade, and shall be no higher than ten feet in height, measured from grade. Said fencing shall be installed prior to the commencement of any extraction or mining operations on the real estate.
      (9)   Extracting, mining. All extractions or mining shall either be made to a water producing depth. Such depth shall be not less than eight, measured from the low water mark, or graded or back filled with non-toxic, non-noxious and non-flammable solids to assure the following.
         (a)   The excavated or mined area shall not collect and permit to remain therein stagnant water.
         (b)   The surface of such area shall be graded or back filled as necessary so as to reduce the peaks and depressions thereof to a surface which shall result in a gently rolling topography to minimize erosion and which is in substantial conformity to the immediately surrounding land area.
         (c)   The surface of the area noted in division (E)(9)(b) above is landscaped in compliance with the approved development plan.
      (10)   Banks. The banks of all excavated or mined areas not graded or back filled as provided in division (E)(9) above shall be sloped to the water line at a slope which shall be not less than one and one- half feet horizontal to one foot vertical. Said bank shall be surfaced with a minimum of six inches of suitable soil and the same shall be either sodded or seeded with grass seed.
      (11)   Removal. Within six months of the completion of the extraction or mining operations, all buildings, structures, stockpiles and equipment associated with the operations shall be removed from the real estate.
(Ord. 2000-16, passed 8-28-2000, § 2.36)