[R.O. 1997 §400.400; Ord. No. 1088 §2, 12-9-1991]
A. Delegation Of Power. The Board of Aldermen is hereby
authorized to decide whether special use permits shall be granted,
subject to the general and specific standards contained in this Code;
to grant special use permits with such conditions or restrictions
as are appropriate to protect the public interest and to secure compliance
with this Chapter; and to deny requests which fail to satisfy the
standards and requirements contained herein and which are not in harmony
with the purposes and interest of this Chapter and the health, safety,
and welfare of the community. The Board of Aldermen shall decide whether
special use permits shall be granted only after having received a
recommendation from the Planning and Zoning Commission. In no event
shall a special use permit be granted where the proposed use is not
authorized by the terms of this Chapter, or where the standards of
this Article are not found to exist.
B. Conditions And Guarantees. Prior to the granting
of any special use permit, the Planning and Zoning Commission or Board
of Aldermen may stipulate such conditions and restrictions upon the
establishment, location, construction, maintenance and operation of
the special permit use as is deemed necessary for the protection of
the public interest and to secure compliance with the standards and
conditions contained herein. In all cases in which a special use permit
is granted, the Planning and Zoning Commission may recommend or Board
of Aldermen may require such evidence and guarantees as may be deemed
necessary to insure that the conditions stipulated are being, and
will be, fully complied with.
[R.O. 1997 §400.410; Ord. No. 1088 §2, 12-9-1991]
A. Application. A written application for a special
use permit shall be filed with the Zoning Administrator and shall
include a statement indicating the Section of this Code under which
the permit is sought, the grounds upon which it is requested, and
sufficient evidence to show that the use will conform to the standards
set forth. The application shall be accompanied by an area map and
site plan of the subject property.
B. Fees. Every application for a special use permit
shall be subject to a filing fee of fifty dollars ($50.00).
C. Site Plan. All applicants for a special use permit
shall submit with their application ten (10) copies of a development
plan for the property, which shall include the following:
1.
A site plan showing:
a.
Approximate size and locations of all buildings.
c.
Parking arrangements and numbers of spaces.
d.
Interior drives and service areas.
2.
Location map showing development and zoning of adjacent property
within one hundred (100) feet.
3.
The full legal description of the boundaries of said development
area.
4.
A description of the general character of all buildings.
D. Hearing. Upon receipt of the formal application
and all accompanying material, the Zoning Administrator shall call
a public hearing for the next scheduled meeting of the Planning and
Zoning Commission; provided, however, that notice must be published
in a newspaper of general circulation at least fifteen (15) days prior
to the date set for hearing. The Planning and Zoning Commission shall
submit a recommendation to their Board of Aldermen within thirty (30)
days after the close of the public hearing.
E. Findings. In making a recommendation to the Board
of Aldermen, the Planning and Zoning Commission shall specify the
particular grounds relied upon and their relation to the proposed
use and shall make affirmative findings that the proposed use conforms
with the general standards set forth in this Article. In no case shall
an exception be granted if the proposed use will constitute a nuisance
or a public health or safety hazard to adjacent properties or to the
community at large.
F. Action By Board Of Aldermen. The Board of Aldermen
shall consider the Planning and Zoning Commission's recommendation
at the next regularly scheduled Board of Aldermen meeting for which
the agenda item can be docketed. The Board of Aldermen may adopt or
may revise or amend and adopt such recommendation by resolution. If
the Board of Aldermen fails to act upon a recommendation within one
hundred twenty (120) days from the receipt thereof, the application
shall be deemed to have been denied.
[R.O. 1997 §400.420; Ord. No. 1088 §2, 12-9-1991]
A. Generally, before any permit shall be granted, the Planning and Zoning
Commission shall make written findings certifying that adequate provision
has been made for the following:
1.
The location and size of the proposed use in relation to the
site and to adjacent sites and uses of property, and the nature and
intensity of operations proposed thereon.
2.
Accessibility of the property to police, fire, refuse collection
and other municipal services; adequacy of ingress and egress to and
within the site; traffic flow and control; and the adequacy of off-street
parking and loading areas.
3.
Utilities and services, including water, sewer, drainage, gas,
and electricity, with particular reference to location, availability,
capacity and compatibility.
4.
The location, nature, and height of buildings, walls, fences,
and other improvements; their relation to adjacent property and uses;
and the need for buffering or screening.
5.
The adequacy of required yard and open space requirements and
sign provisions.
6.
The general compatibility with adjacent properties, other properties
in the district, and the general safety, health, comfort and general
welfare of the community.
[R.O. 1997 §400.430; Ord. No. 1088 §2, 12-9-1991]
A. In granting a special use, the City may impose such conditions, safeguards
and restrictions upon the premises to reduce or minimize any potential
injurious effect of such special uses upon other property in the neighborhood,
and to carry out the general purpose and intent of this Chapter. The
following additional conditions shall be requirements for the approval
of the following special uses:
1.
Day-care homes shall obtain a special use permit for the care
of more than six (6) children in zoning districts permitting residences,
provided that:
a.
One (1) off-street parking space is provided for each non-resident
or non-family member employee, in addition to the two (2) spaces per
single-family or duplex unit required. The residential driveway is
acceptable for this purpose.
b.
If located on an arterial or collector street, an off-street
dropoff/pickup area must be provided.
c.
The requirements for accessory uses for the proposed day-care
home are met.
2.
Residential or outpatient facilities for the treatment of alcohol
or other drug abuse may be permitted as a special use in commercial
districts, provided that:
a.
State certification requirements of the Division of Alcohol
and Drug Abuse or the Department of Mental Health shall be met.
b.
The facility shall be subject to all building regulatory codes,
subdivision regulations and other non-discriminatory regulations.
c.
The design of the facility shall be generally compatible with
other physical structures in the surrounding neighborhood, and the
applicant shall submit site plans to the Planning Board for review
and approval.
d.
The facility shall be located no closer than one thousand (1,000)
feet from another such facility, and no closer than three hundred
(300) feet from any residentially zoned district, unless the Board
of Aldermen approves a closer location by a majority vote of the full
body.
3.
Salvage yards shall be subject to the following additional requirements:
a.
The salvage yard shall be located on no less than ten (10) acres
of land and at least one thousand three hundred twenty (1,320) feet
from a residential district or farmstead.
b.
The salvage yard shall be screened by natural objects, plantings,
fences, or other appropriate means so as to not be visible from the
main traveled way of the street, or a highway on the interstate or
the primary system, or any other State, County, or township highway,
street or road, or a City street, or from adjoining property.
c.
No junk salvaged materials shall be loaded, unloaded or stored,
either temporarily or permanently, outside the enclosed building,
fence or wall, or within public right-of-way.
d.
Burning of paper, trash, junk or other waste materials shall
be permitted only after approval of the Fire Department, except when
prohibited by the State Department of Health. Burning, when permitted,
shall be done only during daylight hours.
e.
Prior to obtaining a building permit for any new building, the
applicant shall prepare a site plan and submit it with the permit
application for review and approval by the Zoning Officer. The site
plan shall address the additional requirements for salvage yard permit
applications.
[R.O. 1997 §400.440; Ord. No. 1088 §2, 12-9-1991]
A. Sunset. A special use permit shall expire, upon
public hearing, unless a building permit is taken within twelve (12)
months to effectuate such specially permitted use; or if no building
permit is required, evidence of use is filed with Building Inspector.
B. Abandonment. Once a specially permitted use ceases
or is abandoned for a period of more than twelve (12) months, the
special use permit shall expire upon public hearing; except that the
special use permit for an auto salvage yard shall automatically expire
if the state license for operating the auto salvage yard lapses for
a time period of more than six (6) months.