SECTION 18

SPECIAL EXCEPTION REGULATIONS

A.      Statement of Purpose.

Certain land uses have characteristics and locational impacts which, if inappropriately located, may have a detrimental effect upon other land uses within the County. It is therefore recognized that such land uses should be regulated in order to preserve property values, as well as promote the public health, safety, comfort, community moral standards, convenience and general welfare of Vigo County.

B.    Uses Permitted by Special Exception.

Only those uses identified in each individual zoning district as Special Exceptions shall be permitted by Special Exception in each zoning district.

C.    Grant of a Special Exception.

The Board of Zoning Appeals is hereby authorized to grant Special Exceptions to permit uses designated in each zoning district as Special Exceptions subject to the following requirements:

1.    A petition for Special Exception shall be filed with the Board of zoning Appeals in accordance with the requirements for the filing o£ a variance, except as such requirements may be modified in this Section. Such petition shall include proposed detailed Findings of Fact in support of the determinations required to be made by the Board pursuant to Section 18., C., 2., below.

2.    The Board may grant a Special Exception only upon a determination that:

a.      The proposed use will not be injurious to the public health, safety, comfort, morals, convenience or general welfare of the community;

b.      The proposed use will not injure or adversely affect the use or value of other property in the immediate area in a substantially adverse manner; and,

c.      The proposed use wall be consistent with the general character of the zoning district, land uses authorized therein and the Vigo County Comprehensive Plan

D.      Conditions for the Grant of a Special Exception.

The grant of a Special Exception shall be subject to the following conditions:

1.    The proposed use shall conform to all development standards of the applicable zoning district.

2.    The proposed use shall conform to all conditions attached to the grant of the Special Exception by the Board. Such conditions may include any reasonable site, development, operational and performance standards, requirements and restrictions deemed necessary to ensure compliance with the Findings of Fact determinations. The grant of a Special Exception may be for a limited period of time, as specified by the Board.

E.    Basis of Board Review.

In reviewing a Special Exception petition, the Board shall give consideration to the particular needs and circumstances of each Special Exception application and shall examine the following items as they relate to the proposed use:

1.      Topography and other natural site features;

2.      Zoning of the site and surrounding properties;

3.    Driveway locations, street access and vehicular and pedestrian traffic;

4.      The amount, location and design of parking and loading facilities;

5.      Building character;

6.      Landscaping, screening and buffering;

7.      Open space and other site amenities; and,

8.    Proposals for handling sewage disposal, drainage and other utilities.

F.      Additional Requirements for a Recreational Vehicle Park and Campgrounds.

The following additional development standards shall apply to and must be satisfied in order far the Board to grant a Special Exception for a Recreational Vehicle Park and Campgrounds as a single development lot:

1.      Minimum Lot Area - 5 acres.

2.      Minimum Lot Width - 100'

3.    Minimum Front Setback - shall be provided along all street rights-of-way as follows:

a.      along a minor or local street - 25'

b.      along a subcollector street - 30'

c.      along a collector - 40'

d.      along a arterial – 60’

4.    Minimum Rear Yard and Setback - shall be provided from the property line as follows:

a.      Minimum Rear Yard – 15’

b.      Minimum Rear Buffer Yard – 40’

6.    Minimum Side Yard and Setback - shall be provided from the property line as follows:

a.      Minimum Side Yard - 15'

b.      Minimum Side Buffer Yard 40'

7.      Use of Minimum Yards -      all minimum yards shall be:

a.      landscaped with grass, trees, shrubbery, or hedge, or in combination with other suitable ground cover materials;

b.      maintained as a buffer strip in compliance with the requirements for a Type B Buffer Yard as set forth in Section 17;

c.      shall remain free from structures, except that Minimum Front Yards may include driveways axed parking areas provided that a minimum buffer strip of 10' in depth measured from and paralleling the right-of-way line shall be maintained along the front line of the parking area in compliance with the requirements for a Type B Buffer Yard as set forth in section 17; and

d.      shall not be used for arty portion of a campsite.

8.      Building Height Limitations -

a.      Principal Use Building - 25'

b.      Accessory Use Building - 20'

9.    Internal Street Standards - all recreational vehicle or tent campsites shall have direct access to an internal street within a recreational vehicle park and campground. There shall be no direct access from any campsite to any perimeter public street.

All internal streets shall comply with the following minimum pavement width:

-      1 way traffic, no parking - 12’

-      2 way traffic, no parking - 20'

If on-street parking is provided along interior streets, an additional eight (8) feet of pavement width shall be provided per parking lane.

11.      Minimum off-Street Parking -

a.      1.5 parking spaces for each campsite, located either:

(1)      on the campsite;

(2)      on-street in front of the campsite;  or

(3)      within a common parking area, provided the parking spaces are located not more than 300" from the campsite served.

b.      Plus, a minimum of five (5) parking spaces for each the manager’s office, recreation buildings/areas, or other common structures.

13.      Entrance Restrictions - See Section 14 for requirements.

14.      On-Premise Signs - See Section 16 for requirements.

15.   Additional Development Standards Applicable to Individual Campsites Within a Recreational Vehicle Park and Campground - the following standards shall be applicable to each campsite within a Recreational Vehicle Park and Campground:

a.      Minimum Setback from Internal Street - 15'

            b.      Minimum Campsite Width - 22'

c.      Minimum Distance of Campsite from Buildings or Structures - 15'

G.      Additional Requirements for Caregiver, Carereceiver or Caretaker Dwellings.

In addition to the requirements of this Section for the grant of a Special Exception, a Special Exception for the placement of a Caregiver, Carereceiver or Caretaker Dwelling shall also comply with the following:

1.    Additional Findings - In addition to the findings required for the grant of a special exception set forth in Section 18., C., 3., 2., a., b., and c., above, the Board shall also make the following respective additional findings in the case of a Caregiver, Carereceiver or Caretaker Dwelling:

a.      The proposed Caregiver Dwelling is required to

provide safe and healthful living quarters for a family required to provide daily assistance to an individual residing in the primary dwelling located on the lot, as verified by a licensed physician or osteopath responsible for the care of such individual;

b.      The proposed Carereceiver Dwelling is required to provide safe and healthful living quarters for an individual in need of daily assistance from the family residing in the primary dwelling unit located on the lot, as verified by a licensed physician or osteopath responsible for the care of such individual; or

c.      The proposed Caretaker Dwelling is required to house an on-premise caretaker required to provide daily grounds maintenance and operational upkeep to the agricultural or business enterprise located on the real estate.

2.    Additional Conditions - In addition to the conditions set forth in Section 18., D., above, the grant of a Special Exception for a Caregiver, Carereceiver or Caretaker Dwelling shall be subject to the following additional conditions:

a.      The grant shall be for a temporary period of time not to exceed two (2) years;

b.      The Caregiver, Carereceiver or Caretaker Dwelling shall be less than sixteen (16) feet wide and installed in compliance with the applicable Building Code;

c.      The Caregiver, Carereceiver or Caretaker Dwelling shall be made available for annual inspection to determine continued compliance with the applicable Building Code and that the need demonstrated for the grant of the Special Exception for a Caregiver, Carereceiver or Caretaker Dwelling still exists; and,

d.      If the need demonstrated for the grant of the Special Exception no longer exists, the use of the Caregiver, Carereceiver or Caretaker Dwelling shall cease and the Caregiver, Carereceiver or Caretaker Dwelling shall be removed from the site within thirty (30) days after written notice to the owner or occupant.