Chapter 17.28
SPECIAL USES

Sections:

17.28.010    Objectives.

17.28.020    Special uses as secondary classifications.

17.28.030    Procedure.

17.28.040    Discontinuance of special use.

17.28.050    List of special use designations.

17.28.060    Time limits.

17.28.070    Limitations on special uses.

17.28.010 Objectives.

Certain uses are necessary to the life and economic health of the community, but have characteristics of operation that do not readily permit classification in the usual residential, commercial, or industrial districts. Because of the various types of uses and locations requiring this special consideration, the specific conditions under which each use may be permitted must be considered. These uses are specifically listed in Section 17.28.050. Conditions for the approval of a special use are enumerated in Section 17.28.030.

(Prior code § 153.130)

17.28.020 Special uses as secondary classifications.

Special uses are secondary classifications. If land is approved by the board of zoning appeals for a special use, the special use designation shall be placed on the zoning map in addition to its primary zoning classification.

(Prior code § 153.131)

17.28.030 Procedure.

A.    A person desiring a special use classification must submit an application to the Board of Zoning Appeals at the Area Plan Commission office. The application must contain a site plan showing the following:

1.    The proposed use of the land;

2.    The location and size of all buildings and structures, including signs;

3.    The location of streets, access drives, and off-street parking and loading facilities;

4.    Buffer landscaping and required green area;

5.    Any other plans or specifications which the staff of the Area Plan Commission deems necessary.

B.    After receipt of the application, the Board of Zoning Appeals shall conduct a public hearing pursuant to IC 36-7-4 for which 12 days’ prior notice has been given by the applicant by certified mail, return receipt requested, to abutting property owners and to registered neighborhood associations, pursuant to VCC 2.06.030, whose boundaries include and/or are contiguous to the subject property, and to the public by legal advertisement. Also, no less than twelve (12) days prior to the hearing, a notice containing the date, time, place, and purpose of the hearing must be posted conspicuously on the property by the petitioner. Should the petitioner fail to comply with the notice requirements, as provided by this section, before the second regular meeting of the Board of Zoning Appeals following the date said petition is filed, the petition shall be withdrawn by the Board of Zoning Appeals and the time limits imposed by VCC 17.36.120 shall apply. After public hearing, the Board of Zoning Appeals shall make its determination for approval, denial, or modification of the special use classification based on the following criteria:

1.    Whether the specific site is an appropriate location for the use;

2.    Whether the use as developed will adversely affect the surrounding area;

3.    Whether there will be a nuisance or serious hazard to vehicles, pedestrians, or residents;

4.    Whether adequate and appropriate facilities will be provided for proper operation of the use;

5.    Whether the use is in harmony with the Evansville and Vanderburgh County Comprehensive Plan;

6.    Whether the use is essential or desirable to the public convenience and welfare.

C.    The Board of Zoning Appeals approval or modification of a special use classification may include whatever reasonable conditions, limitations, or temporary uses necessary for the protection of the public interest including the following:

1.    Greater front, side, and rear yards than the minimum for the area;

2.    More off-street parking and screening;

3.    Modification of exterior design or materials;

4.    Limitations on the lot coverage and occupancy of the building or structure;

5.    Limitations on signs and sign coverage;

6.    Time limitations.

D.    To protect the public interest and to ensure compliance with requirements to be included in the site plan, the Board of Zoning Appeals may require whatever evidence and guarantees are necessary to assure compliance with conditions, limitations, and temporary uses.

E.    In addition to all other limitations and provisions contained in this title, all towers and installations permitted with SU 15 approval shall be required to submit the following additional information:

1.    Commercial site plans meeting the requirements for commercial review by the Site Review Committee, including a surveyor certification of the exact location of tower from property lines; centerlines of abutting streets or rights-of-way; distance to the nearest residential district, residence, or recorded residential subdivision;

2.    Structural plans including elevation and plan views showing height above grade level and dimensions is required in addition to site plan;

3.    Information regarding the number of antennas that the proposed new tower or structure is designed to or can safely accommodate;

4.    Evidence demonstrating that no existing tower or structure can accommodate applicant’s proposed antenna, either because there are no existing towers or structures meeting the applicant’s engineering requirements within the geographic area that the antenna is intended to serve, or if there are towers or structures in the geographic area, evidence that such structures do not have sufficient height or structural strength to meet the applicant’s engineering requirements. This section shall not be interpreted to mandate, but rather only to encourage co-location.

F.    Each operator of a telecommunications facility must send to the Area Plan Commission a copy of any notice sent to the FCC of intention to cease operations. All abandoned or unused towers and associated facilities shall be removed within six (6) months of the cessation of operations at the site unless a time extension is approved by the Board of Zoning Appeals. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted prior to issuance of the required improvement location permit, shall be incorporated as part of the permit, and permit approval shall be conditioned upon removal of the structure(s) within six (6) months after cessation of the use. In the event that the tower is not removed within six (6) months of the cessation of operations at a site, the tower and associated facilities may be removed by the County and the costs of removal assessed against the property.

G.    REPEALED (7/15/2008)

H.    REPEALED (7/15/2008)

I.    Repealed 04/30/19.

J.    In addition to all other limitations and provisions contained in the zoning code, any tower permitted with SU 15 approval shall be set back from any residential dwelling, property line of an undeveloped residential district or recorded residential subdivision a distance of two feet for each foot of height of the tower or 300 feet, whichever is greater.

K.    Wireless communications facilities that include towers are not permitted in residential districts or in CO-1, CO-2, C-1, and C-2 districts. However, in these districts, commercial telecommunications antennas attached to existing buildings or structures are permitted on any property with a commercial use or an institutional use such as church, park, library, government, school, hospital, utility or similar use. Commercial antennas mounted on roofs, walls, and existing structures may be approved by Site Review Committee, providing the antennas meet the requirements of the district in which they are located and do not exceed the building height by more than 20 feet.

L.    The use of a wireless telecommunications facility by more than one wireless telecommunications provider (co-location) is encouraged, and when new towers are necessary, construction that can accommodate multiple users is encouraged. Co-location of antennas on a single tower, antennas attached to existing structures/buildings, or replacement towers to be constructed at the site of a current tower are permitted uses and will not be subject to the special use permitting process.

M.    Repealed 04/30/19.

(Ord. 05-19-005 § 5, amended, 04/30/2019; Ord. 09-13-009 § 4, amended, 10/22/2013; prior code § 153.132; portion amended 8/10/98; amended 5/15/00; 17.28.030(I-M), amended, 05/15/2000, added I through M; SU35 through SU42 repealed, 7/15/2008)

17.28.040 Discontinuance of special use.

A.    If a special use is abandoned for one year or has not been established within one year after the date granted, the special use classification shall be null and void.

B.    A special use may not be altered to become any use other than that approved by the board of zoning appeals.

(Prior code § 153.133)

17.28.050 List of special use designations.

The following uses are subject to the requirements of this chapter:

USE

DESIGNATION

Schools

SU 1

Churches and church-operated incidental/accessory facilities (on same site), including Sunday schools, child care, preschools, adult day care, offices, soup kitchens, shelters and similar service uses

SU 2

Hospitals, nursing homes, convalescent or custodial care centers

SU 3

Golf courses and golf driving ranges (excluding miniature golf)

SU 4

Charitable and philanthropic institutions

SU 5

Cemeteries, mausoleums, columbaria, or crematoria

SU 6

Public parks or public recreational facilities

SU 7

Mobile home parks

SU 8

Land or structure used for the storage of junk or salvage; business selling principally junk or salvage

SU 9

Parking lots and parking garages open to the public

SU 10

Bus or railroad passenger stations, garages or lots

SU 11

Airports or heliports

SU 12

Repealed 01/02/2018

SU 13

Public buildings and public uses other than permitted uses

SU 14

Electric power or steam generating plants, radio or television towers, wireless communications towers and installations, cellular antenna towers, and similar uses, but excluding small cell facilities

SU 15

Stadiums, auditoriums, or arenas

SU 16

Sale of gasoline except in all districts where specifically permitted

SU 17

One-operator barber or beauty shops in residence, resident-occupied and resident-operated

SU 18

Mineral extraction, storage, and processing, limited to that reasonably related to the preparation for sale of the type of mineral primarily extracted from the site (limited processing shall not include the refining of oil products)

SU 19

Sanitary landfills, including garbage dumping

SU 20

Livestock sales or auctions, stockpens

SU 21

Animal breeding and raising for fur production or experimental use, but not including a Confined Feeding Operation

SU 22

Gun clubs, skeet shoots, or target ranges

SU 23

Private recreational use

SU 24

Use Group 19

SU 25

Mobile offices, not for living or sleeping quarters

SU 26

Uses desiring outside storage, displays, or sales

SU 27

Resident-occupied and resident-operated preschools, adult day care facilities or similar operations which keep up to 12 persons on a daily basis, but not including 24-hour care

SU 28

Massage parlors

SU 29

Colleges and universities

SU 30

Accessory living quarters clearly complementary to main use and not for rental purposes

SU 31

Home occupations not specifically listed in Section 17.20.050 (subject to the additional requirements listed in Section 17.28.070.E)

SU 32

Owner-occupied/owner-operated bed and breakfast facility or boardinghouse limited to five rental rooms

SU 33

Owner-occupied/owner-operated bed and breakfast facility or boardinghouse limited to 10 rental rooms

SU 34

Repealed 7/15/2008

SU 35 – SU 42

Reserved

SU 43 – SU 45

Community-based correction programs, residential reentry centers, halfway houses, or similar facilities for prison inmates or ex-inmates

SU 46

(Ord. 05-19-005 § 3, amended, 04/30/2019; Ord. 01-18-001 § 3, amended, 01/02/2018; Ord. 04-17-006 § 6, amended, 04/04/2017; Ord. 09-13-009 § 2, amended, 10/22/2013; SU35 through SU42 repealed, 7/15/2008; Ord. dated 2/22/94 § 1(p); Ord. dated 5/17/93 § 1(c); prior code § 153.134; portions amended 8/10/98; amended SU15 5/15/00; SU35 through SU42 repealed, 7/15/2008; 17.28.050 SU15, amended, 05/15/2000, amended SU15 only)

17.28.060 Time limits.

The time limits established in Section 17.36.120 shall apply to special use permits.

(Prior code § 153.135)

17.28.070 Limitations on special uses.

A.    Only those special uses which are indicated on Table 17.28.070 which follows this section shall be permitted in the zoning districts indicated by the table.

B.    Community-based correction programs, residential reentry centers, halfway houses, or similar facilities for prison inmates or ex-inmates under Special Use 46 may not be located less than 1000 feet from the nearest property line of any elementary or secondary school, preschool, or child day care facility.

C.    SU 32 shall be limited as follows:

1.    No identifying or business sign shall be erected or placed on any site for which an SU 32 has been granted by the Board of Zoning Appeals.

2.    Except for the shipment and receipt of goods, products or items necessary for the SU 32, the use shall not be visible from the exterior of the premises.

3.    The maximum time for which the first SU 32 may be granted is two years from the date of approval; thereafter, a subsequent grant of an SU 32 for the same parcel of property for the same use shall be for such length of time as approved by the Board of Zoning Appeals.

4.    No person or persons may be employed in the SU 32 home occupation at the site other than the resident (or residents) of the site for which the SU 32 has been granted.

5.    The use may not be varied from the specified home occupation identified by the applicant for which it is granted.

D.    Any tower permitted with SU 15 approval shall be set back from any residential dwelling, property line of an undeveloped residential district or recorded residential subdivision a distance of two feet for each foot of height of the tower or 300 feet, whichever is greater.

E.    Wireless communications facilities that include towers are not permitted in residential districts or in CO-1, CO-2, C-1, and C-2 districts. However, in these districts, commercial telecommunications antennas attached to existing buildings or structures are permitted on any property with a commercial use or an institutional use such as church, park, library, government, school, hospital, utility or similar use. Commercial antennas mounted on roofs, walls, and existing structures may be approved by the Site Review Committee, providing the antennas meet the requirements of the district in which they are located and do not exceed the building height by more than 20 feet.

F.    The use of a wireless telecommunications facility by more than one wireless telecommunications provider (co-location) is encouraged, and when new towers are necessary, construction that can accommodate multiple users is encouraged. Co-location of antennas on a single tower, antennas attached to existing structures/buildings, or replacement towers to be constructed at the site of a current tower are permitted uses and will not be subject to the special use permitting process.

 

TABLE 17.28.070

SPECIAL USES

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35 – 42

43 – 45

46

A

X

X

X

X

X

X

X

X

 

X

 

X

Repealed 01/02/18

X

X

X

 

X

X

X

X

X

X

X

X

 

X

X

 

X

X

X

 

 

Repealed 7/15/08

Reserved

 

R-1

X

X

 

X

 

X

X

 

 

X

 

 

X

 

 

 

X

 

 

 

 

 

X

 

 

 

X

 

 

 

X

 

 

 

R-2

X

X

 

X

 

X

X

 

 

X

 

 

X

 

 

 

X

 

 

 

 

 

X

 

 

 

X

 

 

 

X

 

 

 

R-3

X

X

 

X

X

X

X

X

 

X

 

 

X

 

 

 

X

 

 

 

 

 

X

 

 

 

X

 

 

 

X

X

 

 

R-4

X

X

X

X

X

X

X

X

 

X

 

X

X

 

X

 

X

 

 

 

 

 

X

 

 

 

X

 

X

 

X

 

X

 

R-5

X

X

X

X

X

X

X

X

 

X

 

X

X

 

X

 

X

 

 

 

 

 

X

 

 

 

X

 

X

 

X

 

X

 

CO-1

X

X

X

X

X

X

X

X

 

X

 

X

X

 

X

 

X

 

 

 

 

 

X

 

X

 

 

 

 

 

 

 

 

 

CO-2

X

X

X

X

X

X

X

X

 

X

 

X

X

 

X

 

X

 

 

 

 

 

X

 

X

 

 

 

X

 

 

 

 

 

C-1

X

X

X

X

X

X

X

X

 

X

 

X

X

 

X

X

 

 

 

 

 

 

X

 

X

X

 

 

X

 

 

 

 

 

C-2

X

X

X

X

X

X

X

X

 

X

 

X

X

 

X

 

 

 

 

 

 

 

X

 

X

X

 

 

X

X

 

 

 

 

C-4

X

X

X

X

X

X

X

X

 

 

X

X

X

X

X

 

 

 

 

X

X

X

X

X

X

X

X

X

X

X

 

 

 

X

W-R

X

X

X

X

X

X

X

X

 

X

X

X

X

X

X

X

 

 

 

 

 

 

X

X

X

 

X

 

X

X

 

 

 

 

W-I

X

X

X

X

X

X

X

X

X

 

X

X

X

X1

X

X

 

 

X

X

X

X

 

 

X

 

X

X

X

X

 

 

 

 

M-1

X

X

X

X

X

X

X

X

X

 

X

X

X

X1

X

 

 

 

X

X

X

X

X

X

X

 

X

X

 

X

 

 

 

X

M-2

X

X

X

X

X

X

X

X

X

 

X

X

X

X1

X

X

 

 

X

X

X

X

X

X

X

 

X

X

 

X

 

 

 

X

M-3

X

X

X

X

X

X

X

X

X

 

X

X

X

X1

X

X

 

X

X

X

X

X

X

 

X

 

X

X

 

X

 

 

 

X

F-1

 

 

 

X

 

X

X

 

 

X

 

X

X

X

 

 

 

 

 

X

X

X

X

 

 

 

X

 

 

 

 

 

 

 

PUD

X

X

X

X

X

X

X

X

X

X

 

X

X

 

 

 

 

 

 

 

 

 

X

 

 

 

X

 

X

X

 

 

 

 

CON

X

X

X

X

X

X

X

X

X

 

X

X

X

X

 

 

 

X

X

X

X

X

X

X

 

 

X

 

 

X

 

 

 

 

1.    Electric power or steam generating plants, radio and TV towers only. Non-guyed telecommunication facilities, cellular towers, and similar uses that are otherwise included within Special Use 15 shall be permitted on site review approval rather than requiring special use approval by the Board of Zoning Appeals, but are nonetheless subject to the provisions of VCC 17.28.030.E., F., and J.

(Ord. 05-19-005 § 4, amended, 04/30/2019; Ord. 01-18-001 § 3, amended, 01/02/2018; Ord. 09-13-009 § 3, amended, 10/22/2013; Ord. dated 2/22/94 § 1(q); prior code § 153.136; portion amended 8/10/98; amended 5/15/00; 17.28.707, amended, 05/15/2000, added last paragraph; 17.28.070 repealed SU 35-SU42, 7/15/2008)