§ 118-97. Use requirements.  


Latest version.
  • (a)

    Any special exception use shall be permitted as specified in individual zoning district regulations, when such use is compatible to surrounding uses, will not create traffic hazards or parking problems, or does not deviate from the terms of this chapter. All special exceptions shall be subject to site plan review by the planning and zoning board. This procedure requires submission of a development plan which sets forth specific land use, circulation and access, building arrangement and overall site layout. The planning and zoning board may require conditions such as performance standards, screening or landscaping as well as time limitations or other similar requirements. Specifically, the planning and zoning board is authorized to require, as a condition of granting a special exception, provision for cross access corridors and joint use driveways pursuant to section 110-206 of this Code, regardless of whether the subject property qualifies as a subdivision pursuant to section 110-1 of this Code.

    (b)

    All special exception uses shall be subject to the following:

    (1)

    Uses. The premises of a special exception use shall be used for only those buildings and uses and accessory buildings and uses specifically indicated by the planning and zoning board in its approval of the special exception use.

    (2)

    Compatibility. The tract of land must be suitable for the type of special exception use proposed by virtue of its location, shape, topography and the nature of surrounding development.

    (3)

    Standards. Required standards and regulations for special exception uses and buildings are as follows:

    a.

    All special exception uses shall be subject to the general regulations for structures and uses, lots and yards and vehicles contained in this chapter for principal buildings and single lot development as well as the specific dimension and area regulations for lots and structures in the specific zoning district in which the special exception use is proposed, unless otherwise specifically indicated. Then the special exception use shall be subject to the indicated requirements.

    b.

    Minimum lot frontage on a street shall be sufficient to permit properly spaced and located access points designed to serve the type of special exception use proposed. Wider spacing between access points and intersecting street right-of-way lines shall be required when the lot has more than the minimum required frontage on a street. All access points shall be specifically approved by the planning and zoning board.

    c.

    All buildings shall be located an adequate distance from all property lines and street right-of-way lines. Greater building setback lines shall be required when the lot has more than the minimum lot area or when deemed necessary to protect surrounding properties.

    d.

    A separation strip of at least five feet shall be provided along all property lines, excluding rights-of-way. The planning and zoning board may increase the required separation strip if deemed necessary because of the nature and intensity of the use. The separation strip shall be developed as a buffer zone in accordance with the requirements of section 118-1299.

    (4)

    Site plan required. The planning and zoning board shall require the submission of a site plan showing the appropriate and applicable data and information set forth in this subsection when an applicant submits a request for a special exception use permit application. The following data and information shall be shown on all site plans as appropriate and applicable to the type and nature of the project and land for which the site plan is being prepared. The site plan shall be drawn at a scale of 200 feet to one inch or larger and shall show the following:

    a.

    Name of the project, if appropriate.

    b.

    Names and addresses of the owner, adjacent property owners, and, if appropriate, the contractor, planner, architect, engineer or surveyor.

    c.

    Date, approximate north arrow and graphic scale.

    d.

    Area of land within the project.

    e.

    Boundary lines and dimensions.

    f.

    Any existing or proposed easements and locations, widths and distances, if appropriate.

    g.

    Streets on and adjacent to the project and their names and right-of-way widths.

    h.

    Buildings, both existing and proposed.

    i.

    Parking areas with arrangement and number of spaces.

    j.

    Proposed access points to public streets.

    k.

    Setback lines and separation strips.

    l.

    The planning and zoning board shall require the following if, because of the size and scale of the project, such as a planned-unit-type development, the board deems it necessary:

    1.

    Name of the contractor, planner, architect, engineer or surveyor.

    2.

    Contours at an interval of not greater than five feet or at a lesser interval if deemed necessary by the planning and zoning board.

    3.

    Boundary lines and their bearings, lot lines and their dimensions.

    4.

    General land use activity areas.

    5.

    Utilities on or adjacent to the project showing proposed dimensions and connections to existing systems.

    6.

    Access roads, internal and external, and relationships to existing and proposed streets, alleys and other public ways.

    7.

    Permanent open spaces, recreation areas and landscape areas.

    8.

    Sites and their acreages, if any, to be reserved and dedicated for public parks, playgrounds, schools or other public uses.

    (5)

    Construction permit required. The administrative official shall not issue a zoning permit for an approved special exception use until the applicant presents a valid construction permit from the state department of health as required.

(Code 1988, § 24-187(b); Ord. No. 07-02, § III, 1-25-07)