Edon City Zoning Code
CHAPTER 1177
Special Uses
1177.01 PURPOSE.
Most types of land use covered by this Ordinance are grouped according to compatibility and function, and each group is permitted outright in one or more of the various districts established in the Ordinance. In addition to these permitted uses, there are other uses, which may be necessary or desirable to allow in certain districts, but because of their potential impact on adjacent land or public facilities, need particular and individual consideration prior to location in the community. Such uses are classified in this Ordinance as “special uses”. Special uses can also include municipally operated or publicly related utilities and uses that traditionally affect public interest.
(Ord. 05-08. Passed 4-10-08.)
1177.02 PROCEDURES FOR OBTAINING A SPECIAL USE PERMIT.
Any owner or agent thereof, of property for which a special use is proposed shall make an application for a special use permit by filing it with the Zoning Inspector. After reviewing the application and determining that the application is complete, the Zoning Inspector shall transmit copies of the application to the Planning and Zoning Commission along with other agencies and organizations deemed necessary. If all information required is not provided, the Zoning Inspector shall promptly notify the applicant of the items needed. Within thirty (30) days following the determination that the application is complete, the Planning and Zoning Commission shall hold a public hearing. Notice of such hearing shall be given in one or more newspapers of general circulation in the Village of Edon at least fourteen (14) days before the date of said hearing. The notice shall set forth the time and place of the hearing and shall provide a summary explanation of the special use proposed. Notice of this public hearing shall also be sent to all owners of property within 300 feet of the property in question.
Within thirty (30) days after the hearing the Planning and Zoning Commission shall make a decision. The decision may be appealed by any interested party, in writing, to Village Council if such appeal is made within thirty (30) days following the decision of the Planning and Zoning Commission. The written appeal must be filed with the Village Clerk. On receipt of the written appeal, the Council shall discuss the appeal at a second public hearing and shall make a decision whether to grant the special use.
(Ord. 05-08. Passed 4-10-08.)
1177.03 GENERAL STANDARDS FOR ALL SPECIAL USES.
The Planning and Zoning Commission shall review the particular facts and circumstances of each proposed special use in terms finding that the proposed special use:
(a) Is in fact, a special use as established under the provisions of the applicable zoning district.
(b) Will be in accordance with the general objectives or with any specific objectives of the Master Plan.
(c) Is designed, constructed, operated, and would be maintained so as to be harmonious with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
(d) Will not be hazardous or disturbing to existing or future neighboring uses.
(e) Will be served adequately by essential public facilities and services.
(f) Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
(Ord. 05-08. Passed 4-10-08.)
1177.04 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
In granting approval for any special use, the Planning and Zoning Commission may prescribe appropriate conditions and safeguards in conformance with this Ordinance. Any violation of such conditions and safeguards, when made a part of the terms under which the special use is granted, shall be deemed a punishable violation of this Ordinance. Examples of appropriate conditions and safeguards include:
(a) Larger buffer areas between the proposed Special Use and adjacent property.
(b) Greater yard requirements.
(c) Limits on the location or illumination of signs.
(d) Limits on where parking areas may be located.
(Ord. 05-08. Passed 4-10-08.)
1177.05 EXPIRATION OF SPECIAL USE PERMIT.
A special use permit shall be deemed to authorize only one particular special use. Said permit shall automatically expire if such special use has not been instituted or utilized within one (1) year of the date on which the permit was issued or if for any reason such use ceases for more than two (2) years.
(Ord. 05-08. Passed 4-10-08.)