Webster City Zoning Code
ARTICLE XV
Special Permit Uses
§ 175-42 Permitted structures and uses.
The following structures and uses shall be permitted in the districts indicated upon the specific approval of the Board of Appeals as provided in § 175-44 of this Article XV:
A.
In any district:
(1)
Private clubs, regulation golf courses and parks, playgrounds and privately operated nonprofit recreational facilities.
(2)
Hospitals, nursing homes and proprietary homes.
(3)
Cemeteries.
(4)
Charitable, educational and governmental services.
(5)
Nursery schools.
(6)
Excavation and topsoil removal other than on a temporary basis and subordinate to the development of a site for uses permitted in the district.
D.
In Planned Unit Development PUD Districts:
(1)
Any changes of the site plan other than use changes.
E.
In General Industrial GI Districts: multiple-family dwellings.
[Added 6-9-2011 by L.L. No. 1-2011]
§ 175-43 Applicable regulations.
The structures and uses authorized in § 175-42 of this Article XV shall conform to all the regulations of the district in which they are located and to any particular regulations which apply to them under other provisions of this chapter. If any additional regulations and safeguards will permit the findings set forth in § 175-44 of this Article XV, the Board of Appeals shall require them as a condition of approval.
§ 175-44 Findings necessary for approval.
A.
The Board of Appeals may approve a structure or use under this Article XV or under any other provision of this chapter, only upon findings that the proposed structure or use, together with such regulations and safeguards as the Board may fix, is:
(1)
Appropriate for the particular lot and location.
(2)
Not unreasonably detrimental to neighboring properties, areas and districts.
(3)
Consistent with an orderly and appropriate development of neighboring properties, areas and districts.
(4)
Where adjoined by existing or permitted uses, a suitable transition between neighboring uses and districts.
(6)
An appropriate evolution of the Comprehensive Plan for the Village of Webster.
B.
An application for approval of the Board of Appeals under this Article XV shall be immediately referred to the Zoning Board of Appeals, which may submit such report and recommendations as it deems proper for consideration of the Board of Appeals in its determination of the findings specified in Subsection A. The Board of Appeals shall conduct a public hearing within 62 days from the day an application is received on any matter referred to it under this section. The Board of Appeals shall decide upon the application within 62 days after the conduct of the hearing.
[Amended 6-9-1994 by L.L. No. 2-1994]