Pittsfield City Zoning Code
SPECIAL USES
§ 156.190 AUTHORITY.
The corporate authorities of the city shall have authority, according to the procedures specified in § 156.196, to permit special uses in individual use district subject to provisions of the individual use districts, if it finds that the proposed location and establishment of any such use will be desirable or necessary to the public convenience or welfare and will be harmonious and compatible with other uses adjacent to and in the vicinity of the selected site or sites.
(Ord. 1316, passed 4-5-05)
§ 156.191 STANDARDS.
No special use shall be authorized unless the following findings of fact are made:
(A) The establishment, maintenance and operation of the special use will not be detrimental to or endanger the public health, safety, morals or general welfare;
(B) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity, for the purposes permitted, nor substantially diminish and impair property values within the adjacent neighborhood;
(C) The establishment of the special use will not impede normal and orderly development and improvement of surrounding property for uses permitted in the zoning district;
(D) Adequate service utilities, access roads, drainage and other necessary facilities are in existence or are being provided;
(E) Adequate measures have been, or will be, taken to provide ingress and egress designed to minimize traffic congestion in the public streets; and
(F) The special use shall in all other respects conform to applicable regulations of this subchapter.
(Ord. 1316, passed 4-5-05)
§ 156.192 CONDITIONS.
The corporate authorities of the city may impose such conditions or restrictions upon the construction, location and operation of a special use, including approval of a site plan for such use, as shall be deemed necessary to secure the general objectives of this article and to protect the value of property in the neighborhood, and to protect the public health, safety, and welfare.
(Ord. 1316, passed 4-5-05)
§ 156.193 REVOCATION.
(A) A change or increase in the area, bulk, function, or use of any existing special use, or from those conditions specified by the corporate authorities at the time of approval, shall constitute and be considered the same as a new and distinct special use, which shall revoke the approved special use, and shall be subject to the procedures for application, hearing, review and approval by the corporate authorities as provided for in this subchapter.
(B) If a special use is discontinued for a period of six months or longer, such special use shall become null and void; and any subsequent reinstatement of the special use shall require a new special use permit.
(C) If the special use is not established within one year of approval, by ordinance, then the special use shall be null and void unless extended by the City Council.
(D) Failure to comply with any conditions or restrictions which are placed on the special use.
(E) If the corporate authorities determine that the continued existence of a special use constitutes a direct threat to or encroachment upon the health, safety, or morals of the residents of the village, so that the special use constitutes a continuing nuisance to the public, upon notice and hearing, such special use may be revoked.
(Ord. 1316, passed 4-5-05)
§ 156.194 PERMITTED USES.
The following uses shall be the only uses permitted without a special use permit: Churches.
(Ord. 1316, passed 4-5-05)
§ 156.195 SPECIAL USES.
The following uses shall be the only additional uses that would be allowed by special use permit under the City of Pittsfield Zoning Ordinance:
(A) Community residences;
(B) Hospice/Half-Way house;
(C) Bed and Breakfast;
(D) Rest homes and nursing homes;
(E) Nursery school or day care nursery;
(F) Beauty shops and Barber shops;
(G) Thrift shops;
(H) Antique malls;
(I) Social service agencies, charitable organizations, health related facilities and similar uses when not operated for pecuniary profit;
(J) Offices. No office shall employ more than five employees;
(K) Farmers’ market;
(L) Art gallery;
(M) Grass cover crop;
(N) Accessory building erected prior to construction of primary building;
(O) A cellular telephone site;
(P) A cellular telephone tower site;
(1) Definition. A CELLULAR TELE-PHONE TOWER SITE houses electronic communications equipment along with an antenna to support cellular communication.
(2) Use districts. A cellular telephone tower site is a special use in the following use districts: A-l, B-2, B-3, I-1
(Q) Massage therapy center;
Definition. MASSAGE THERAPY is man-ual manipulation of soft body tissues (muscle, connective tissue, tendons and ligaments) to enhance a person’s health and well-being.
(R) A mobile building used for office and/or storage space.
(Ord. 1316, passed 4-5-05; Am. Ord. 1444, passed 10-18-11; Am. Ord. 1459, passed 6-5-12; Am. Ord. 1591, passed 10-3-17; Am. Ord. 1595, passed 12-5-17; Am. Ord. 1627, passed 3-19-19; Am. Ord. 1635, passed 7-2-19; Am. Ord. 1642, passed 10-15-19; Am. Ord. 1661, passed 7-7-20; Am. Ord. 1672, passed 2-2-21; Am. Ord. 1673A, passed 2-16-21)
§ 156.196 PROCEDURE.
The procedure to be followed in considering applications for special uses shall be as follows:
(A) Applications. An application verified by the owner or authorized agent of the owner of the property involved shall be filed with the City Clerk for the attention of the zoning committee chairperson. City application forms shall be used and are available at City Hall. Application for a special use permit shall be accompanied by a fee in the amount of $50.
(B) Public Hearing. Upon receipt of such verified application, the City Clerk shall notify the Zoning Committee Chairperson, who shall schedule a public hearing. Notice of said hearing shall be pursuant to § 156.166 of the City Code.
(C) Determination. The Zoning Committee shall then make its findings and recommendations to the City Council within 30 days following the date of the adjournment of the public hearing on each application. The City Council may then authorize a special use as defined herein by specific ordinance, provided the evidence presented established beyond reasonable doubt:
(1) That the proposed use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of public convenience, and will contribute to the general welfare of the neighborhood or community;
(2) That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity;
(3) That the proposed use will comply with the regulations and conditions specified in this chapter for such use, and with the stipulations and conditions made a part of the authorization granted by the City Council.
(D) Appeal. An applicant or other person who disagrees with the determination of the City Council may file an appeal with the City Council requesting it reconsider its determination on the special use application. Upon receipt of said appeal, the City Council shall schedule and hold a new hearing on the special use application. Notice of the hearing shall be made in accordance with § 156.197. At the hearing, the City Council will consider the evidence and witnesses presented by any objectors. The proceeding shall be transcribed by a certified court reporter and the city shall maintain a full record of the proceedings. After all the evidence is presented, the City Council shall make its determination on the appeal. Any party dissatisfied with the City Council's decision then has the right to appeal to the 8th Judicial Circuit Court.
(Ord. 1316, passed 4-5-05; Am. Ord. 1318, passed 4-19-05)
§ 156.197 TERMINATION OF SPECIAL USES.
The special uses do not run with the property. Whenever any special use has been discontinued for a period of six consecutive months, or whenever there is evidence of a clear intent on the part of the owner to abandon a special use, such use shall not, after being discontinued or abandoned, be re-established without notice and public hearing as provided for the establishment of special uses, and as approved by the City Council pursuant to this chapter.
(Ord. 1316, passed 4-5-05)