Brady City Zoning Code
SPECIAL USE
PERMIT
§ 154.060 GENERALLY.
The Village Board may authorize by special permit after public hearing, any of the following buildings or uses designated in this chapter as permitted special uses.
(Ord. 2009-04, passed 4-23-2009)
§ 154.061 PROCEDURES.
(A) Such application shall be in writing, filed in the office of the Village Clerk, state the proposed location and use of the property, and such other relevant matters as may be requested by the governing body. Upon receipt of such application, the Zoning Administrator shall forward the application to the Planning Commission for its recommendation. Upon hearing, the Planning Commission shall forward its recommendation to the Village Board, within 30 days. Upon hearing, the Village Board may approve or deny the application in whole or in part, or prescribe conditions for such use of the property. No special use permit shall become effective until after separate public hearings are held by both the Planning Commission and the Village Board in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the purpose, time, and place of such hearing shall be given by publication thereof in a paper of general circulation in the village, one time at least ten days prior to such hearing.
(Neb. RS 19-904)
(B) In addition to the publication of the notice herein prescribed, a notice, in sign form, of the hearing shall be posted in a conspicuous place on or near the property on which such action is pending. The sign shall be placed at least ten days prior to date of each hearing.
(C) Except as otherwise provided herein, no special use permit shall be granted by the Village Board, without an affirmative vote of a majority of all members of the Village Board and unless the proposed use is found to:
(1) Be compatible with and similar to the use permitted in the district;
(2) Not be a matter which should require re-zoning of the property;
(3) Not be detrimental to adjacent property;
(4) Not tend to depreciate the value of the surrounding structures or property;
(5) Be compatible with the stated intended use of the district;
(6) Not change the character of the district; and
(7) Be in accordance with the Comprehensive Plan.
(D) In case of protest against such special use permit, signed by the owners of 20% or more either of the area of the lots included in such proposed change, or of those immediately adjacent on the side and in the rear thereof extending 100 feet, therefrom, and of those directly opposite thereto extending 100 feet from the street frontage of such opposite lots, such special use permit shall not become effective except by the favorable vote of two-thirds of all members of the Village Board.
(Ord. 2009-04, passed 4-23-2009)
§ 154.062 SALVAGE OR JUNK YARD.
(A) Salvage or junk yard operations and related facilities shall only be allowed by special permit in the AGR and I Zoning Districts under the following conditions:
(1) Located on a tract of land at least one-fourth mile from a residential or agricultural farm residence;
(2) The operation shall be conducted wholly within a noncombustible building or within an area completely surrounded on all sides by a visual obscuring fence, wall or hedge. The fence, wall or hedge shall be of uniform height (at least eight feet high) and uniform texture and color shall be so maintained by the proprietor as to insure maximum safety to the public and preserve the general welfare of the neighborhood. The fence, wall or hedge shall be installed in such a manner as to retain all scrap, junk or other material within the yard and no scrap, junk or other material shall protrude above the fence;
(3) No junk shall be loaded, unloaded or otherwise placed, either temporarily or permanently, outside the enclosed building, hedge fence or wall, or within the public right-of-way; and
(4) Any other requirement deemed appropriate and necessary by the Village Board for the protection of the general health and welfare.
(B) In making any decision granting a special use permit, the Village Board shall impose such restrictions, terms, time limitations, landscaping, improvement of off-street parking lots, and other appropriate safeguards as required to protect adjoining property.
(Ord. 2009-04, passed 4-23-2009)
§ 154.063 LANDFILLS AND SANITARY LANDFILLS.
(A) Private landfill operations shall only be allowed by special permit in the AGR Agriculture District upon prior approval of the Nebraska Department of Health and Human Services System and with conformance to the following conditions:
(1) Located on a tract of land at least 300 feet from a residential or agricultural farm residence;
(2) The operation shall be conducted wholly within an area completely surrounded on all sides by a fence, wall or hedge. The fence, wall or hedge shall be of uniform height (at least eight feet high) and uniform texture and color shall be so maintained by the proprietor as to insure maximum safety to the public and preserve the general welfare of the neighborhood. The fence, wall or hedge shall be installed in such a manner as to retain all material within the yard and no material shall protrude above the fence;
(3) No material shall be loaded, unloaded or otherwise placed, either temporarily or permanently, outside the enclosed building, hedge fence or wall, or within the public right-of-way;
(4) Any other requirement deemed appropriate and necessary by the Village Board for the protection of the general health and welfare; and
(5) Special use permits granted under this section shall be subject to annual review and renewal by the Village Board.
(B) In making any decision granting a special use permit, the Village Board shall impose such restrictions, terms, time limitations, landscaping, improvement of off-street parking lots, and other appropriate safeguards as required to protect adjoining property.
(Ord. 2009-04, passed 4-23-2009)