[Ord. No. 111808 §1(400-500), 11-18-2008]
The special uses referred to in this code possess unique characteristics,
the nature of which tends to make them incompatible with other land
uses in the same zoning district. However, they may be found acceptable
in certain circumstances when conditioned in a manner to protect abutting
land uses and to protect the character of the area.
[Ord. No. 111808 §1(400-501), 11-18-2008]
A.
The
Board of Aldermen may authorize, by special permit after public hearing,
any of the buildings or uses designated in this code as permitted
special uses or any other use which is determined to be reasonably
similar in character and intensity to other uses allowed in a district
and that meets the general intent of the district and policies of
the Comprehensive Plan. Such permitted special uses shall be restricted
to the particular district or districts wherein listed within this
code.
B.
The
Board shall impose such conditions as are appropriate and necessary
to ensure compliance with the Comprehensive Plan and protect the health,
safety and general welfare of the public in the issuance of any such
special permits.
C.
The
Board may modify the minimum regulations of the district in which
the permitted special use is located or modify the required design
standard for the proposed use and may attach specific conditions for
approval of the special permit, provided the public welfare and interest
of the City and surrounding area are protected and the general interest
and spirit of these regulations are preserved.
D.
Unless
expressly modified by the terms of the special permit, all regulations
of the district in which the permitted special use is located shall
apply.
[Ord. No. 111808 §1(400-502), 11-18-2008]
A.
A sketch
plan of the proposed special permit shall be presented to the City
Planner at the time of the preapplication meeting, which shall be
prepared to show:
[Ord. No. 111808 §1(400-503), 11-18-2008]
A.
After
the requirements for a preapplication meeting have been complied with,
an application for a special permit and required application fee shall
be filed by the owner in writing with the City Planner on a form provided
by the City. Copies of a site plan of the lot and proposed uses drawn
to an accurate scale and showing all pertinent information shall accompany
a request for a special permit and shall include the following information:
1.
Legal description of the subject property;
2.
A title report prepared by a licensed attorney or registered land
abstractor identifying the owner of the property;
3.
Description of the proposal that specifically describes the function,
operation and duration of the proposed use;
4.
Map depicting the general location of the property;
5.
A final development plan, when applicable; and
6.
Any other information deemed necessary to conduct a thorough analysis
of the application, which may include, but not be limited to, a stormwater
analysis, a traffic study or an environmental impact study.
[Ord. No. 111808 §1(400-504), 11-18-2008; Ord. No.
03032014A §X, 3-3-2014]
A.
In order for the Commission to recommend approval or disapproval
of an application for a special permit or for the Board to approve
or deny an application for a special permit, they shall make findings
of fact to determine that the following criteria are met:
1.
The proposed use is consistent with the intent of the Comprehensive
Plan;
2.
The proposed use is one specifically permitted by this Code;
3.
The proposed use does not adversely impact the public health,
safety or general welfare;
4.
The proposed use does not adversely impact the public infrastructure
system;
5.
The proposed use is compatible with the use, scale, orientation
and setback of properties in the general vicinity;
6.
The proposed use conforms to all conditions and performance
standards as set forth in this Article, when applicable.[1]
[1]
Editor’s Note: Former Subsection (A)(7), regarding application
for a special permit in District A-C, which immediately followed,
was repealed 5-2-2016 by § I of Ord. No. 05022016.
[Ord. No. 111808 §1(400-505), 11-18-2008]
Upon approval of a special permit and prior to commencement
of the special use, the applicant shall cause to be prepared a final
site plan incorporating all revisions, corrections and additional
requirements of approval.
[Ord. No. 111808 §1(400-506), 11-18-2008]
A.
Operation
of an approved special permit shall be allowed for a limited time
as stated in the approving ordinance; such special permit shall expire
upon any of the following circumstances:
1.
The term of the permit has expired;
2.
In the case of new construction, if the necessary building permits
have not been issued in accordance with the approved special permit
within two (2) years from the date of approval or prior to the expiration
date of the permit, whichever occurs first; or
3.
The approved use ceases operation for a period of twelve (12) consecutive
months.
B.
Should
any special permit be found to be in non-conformance with the terms
of approval, the permit shall be subject to revocation by resolution
of the Board of Aldermen after a public hearing. Such permit shall
be revoked upon determination of any of the following:
[Ord. No. 111808 §1(400-507), 11-18-2008]
A.
After
the application for a special permit has been approved and the final
site plan has been submitted to and accepted by the City Planner,
the City Planner is authorized to approve amendments to the special
permit, provided that:
1.
A request for amendment and required application fee are filed with
the City Planner, together with all information pertinent to the proposed
amendment;
2.
Such amendment shall not violate any regulations set forth in this
code;
3.
Such amendment may provide for minor increases in total floor area
and storage space originally permitted;
4.
There is no increase in the number of dwelling units;
5.
No reduction is made to the applicable setback or yard requirements;
6.
No public land is accepted; and
7.
Such amendment shall not be contrary to the general purposes of this
Article.
B.
Any
amendment not in conformance with this Section shall be submitted
to the Board of Aldermen in the same manner as an original special
permit.
[Ord. No. 111808 §1(400-508), 11-18-2008; Ord. No. 101711 §1, 10-17-2011]
A.
All
special permitted uses identified within each zoning district shall
only be approved in accordance with the procedures and requirements
of this Article.
B.
An
approved special permitted use shall be subject to the conditions
imposed thereon by the Board of Aldermen in accordance with the provisions
of this Article. The following special permitted uses shall conform
to the conditions as stated below, in addition to any other conditions
or modifications imposed by the Board of Aldermen.
1.
Adult entertainment establishment.
a.
All such businesses must be located in an area zoned "I-1" or
"I-2."
[Ord. No. 07012013A, 7-1-2013; Ord. No. 03032014A §XI, 3-3-2014]
b.
No adult entertainment business shall be permitted within one thousand
five hundred (1,500) feet of any religious institution, school or
public park or any property zoned for residential use. Such distance
shall be measured in a straight line, without regard to intervening
properties, from the closest exterior structural wall of the adult
entertainment establishment to the closest property line of the religious
institution, school or public park or the property zoned for residential
use.
c.
No adult entertainment establishment shall be allowed to locate or
expand within one thousand (1,000) feet of other adult entertainment
use or of any business licensed to sell or serve alcoholic beverages,
whether or not such business is also an adult entertainment establishment
as defined in this code. The distance between any two (2) adult entertainment
establishments or between an adult entertainment establishment and
a business selling or serving alcoholic beverages shall be measured
in a straight line, without regard to intervening structures, from
the closest exterior structural wall of each business.
d.
The property on which the use is located shall be screened by a fence
at least eight (8) feet in height along all interior property lines.
The facility on which the use is located and the parking for such
facility shall have a front yard setback of twenty (20) feet, a side
yard setback of ten (10) feet and a rear yard setback of ten (10)
feet.
e.
All off-street parking requirements shall conform to this code.
f.
All landscaping and screening requirements shall conform to this
code.
g.
The facility in which the use is located shall be designed in such
a fashion that all openings, entries and windows prevent view into
such facilities from any pedestrian, sidewalk, walkway, street or
other public area. No entertainment activity shall take place partially
or totally outside the adult entertainment establishment.
h.
The facility in which such a use is located shall be limited to one
(1) wall-mounted sign no greater in size than one (1) square foot
of sign per linear foot of wall length, not to exceed a maximum size
of fifty (50) square feet. Said sign shall not flash, blink or move
by mechanical means and shall not extend above the roof line of the
building. Further, no merchandise or pictures of products or entertainment
on the premises shall be displayed in window areas or any area where
such merchandise or pictures can be viewed from the sidewalk in front
of the building. No flashing lights and/or lighting which leave the
impression of motion or movement shall be permitted.
i.
Lighting in the parking area must provide a minimum light level of
twenty-five hundredths (0.25) foot-candles over the entire parking
area, but in no point shall the light level exceed three (3) foot-candles,
nor shall any increase in light levels or visible glare be permitted
at the lot line.
j.
Any such use that was operating on December 3, 1979, shall be subject
to the non-conforming use requirements of this code.
7.
(Reserved)
8.
Manufactured home development.
a.
The manufactured home development shall have a minimum site area
of ten (10) acres.
b.
Each manufactured home space shall be provided with connections to
City water and sewage disposal facilities. The entire manufactured
home development shall be provided with a system of fire suppression
approved by the West Peculiar Fire District.
c.
A minimum of ten percent (10%) of the total development area shall
be designated and used for park, playground and recreational purposes.
d.
Each manufactured home development shall provide a community shelter safe room in accordance with Section 400.1400 et seq.
e.
Only one (1) manufactured home shall be allowed per manufactured
home space within the development.
f.
The average area of manufactured home spaces shall not be less than
the lot area per family required in the district in which the manufactured
home development is located.
g.
Each manufactured home space shall have an area of not less than
five thousand (5,000) square feet and a width of not less than fifty
(50) feet for an interior lot, eighty (80) feet for a corner lot or
forty-five (45) feet for a lot facing a cul-de-sac.
h.
Each manufactured home space shall provide a manufactured home pad,
which shall be hard surfaced with properly reinforced poured-in-place
concrete.
i.
Each manufactured home space shall have access to a hard-surfaced
driveway that meets City design standards for width and length.
j.
Manufactured homes shall maintain twenty-five (25) feet of separation
to other manufactured homes and all other buildings in all horizontal
directions, except as otherwise provided herein. Manufactured homes
shall provided setbacks and shall conform to height limitations equal
to those required for residential uses in the district in which the
manufactured home is located.
k.
No manufactured home shall be located closer than fifty (50) feet
to any exterior property line. Land within this fifty (50) foot exterior
open space shall be permanently landscaped with a combination of trees,
shrubs and lawn grass, except for the necessary paving of roadways
and walkways to reach the manufactured home area; provided however,
such landscaping shall not create a traffic hazard by impairing visibility
at street and roadway intersections.
l.
Manufactured homes within the manufactured home development shall
be required to have a setback of at least twenty (20) feet from the
pavement of roadways.
m.
Each manufactured home shall utilize and maintain tie-downs and skirting
according to manufacturer's specifications, which is of a color that
is coordinated with the manufactured home.
n.
The design and construction or installation of roadways, walkways,
parking spaces, utilities, drainage facilities, storage facilities,
recreational facilities, landscaping and other improvements shall
comply with the adopted design standards of the City.
o.
No manufactured home development shall be occupied or otherwise used
until the City Planner has found the same is in compliance with the
resolution approving the special permit and all other applicable laws,
regulations and requirements.
p.
A special permit for a manufactured home development shall be temporary
and shall be valid only so long as the manufactured home development
existing thereunder complies with the resolution approving the special
permit and all other applicable laws, regulations and requirements.
q.
The manufactured home development may include uses accessory to manufactured
homes and manufactured home developments such as off-street parking
facilities, private recreational facilities and storage and maintenance
facilities. All off-street parking facilities shall be paved with
a hard surface.
r.
Provisions for permanent and continuous maintenance and supervision
of the common areas and private utilities and facilities shall be
incorporated in covenants and restrictions governing the subdivided
property and shall be approved by the City Attorney prior to filing
with the Cass County Recorder of Deeds.
s.
An application for a manufactured home development special permit
shall include a plan showing:
(1)
A general site layout, including the area and dimensions of
the development;
(2)
The number, location and size of all manufactured home spaces;
(3)
The number, location and size of all hard-surfaced manufactured
home pads and off-street parking spaces;
(4)
The area and dimensions of the park, playground and recreation
areas;
(5)
The location and width of roadways and walkways;
(6)
The location of community shelters, service buildings and any
other proposed structures;
(7)
The location of water and sewer lines and sewage disposal facilities;
(8)
Plans and specifications of all buildings and other improvements
constructed or to be constructed within the manufactured home development;
and
(9)
Evidence that all other regulations have been complied with, including a showing that applications have been submitted for approval of a land disturbance permit in accordance with Chapter 500, the approval of a drainage permit in accordance with Chapter 415, or compliance with the floodplain management regulations found in Chapter 410, when applicable.
[Ord. No. 11042013 §VII, 11-4-2013]
9.
Public facility, use or utility.
10.
Public or private park or similar natural recreation area.
11.
Public or private school offering a curriculum that meets State standards
for grades K through 12.
