20.90.140 Special exception.
A. Purpose and Intent. A special exception use is a use for which certain conditions must be met before it can be established at a specific location. The use shall be permitted by the Board of Zoning Appeals if certain conditions are met.
B. Project Applicability. Only uses listed as “special exceptions” in the sections in Chapter 20.20 JCC, Zoning Districts, for the applicable zoning district shall be considered for approval by the Board of Zoning Appeals.
C. Prerequisites. An application for a special exception shall be filed by the owner, the owner’s agent, or any person having a legal or equitable interest in the subject property, but the written authorization of any owner who is not an applicant shall be required.
D. Filing Requirements.
1. Application. An application for a special exception shall be made on forms provided by the Zoning Administrator.
2. Supporting Information. The following items shall accompany a completed application for a special exception.
a. A list of names and mailing addresses of all known property owners within 300 feet of the boundary of the proposed site. The measurement shall include any property that is wholly or partially within the 300-foot boundary regardless if a road, river, railroad, or other physical barrier exists. This information may be obtained from the Jasper County Auditor’s office.
b. A site plan, drawn to scale, that includes the following information.
i. North arrow.
ii. Graphic scale.
iii. Address of the site.
iv. Legal description of the site.
v. Boundary lines of the site including all dimensions.
vi. Names, centerlines, and right-of-way widths of all streets and easements.
vii. Location and dimensions of all existing and proposed structures, including paved areas and signs.
viii. Location of all floodway, floodway fringe areas, and wetlands within the boundaries of the site.
ix. Distance of all structures from front, rear, and side lot lines.
x. Areas reserved for park, recreation, conservation, wetland, common area, lake, trails, or other similar uses.
xi. Proposed landscaping buffers or landscaped areas.
xii. Any other information necessary to support a thorough review of the project and as requested in writing by the Board of Zoning Appeals or the Zoning Administrator. This may include the supporting information listed in JCC 20.90.120(D)(2)(i) WHO district requirements, for projects within the WHO district.
3. Deadline. An application for a special exception shall be filed at least twenty (20) days prior to the public meeting at which it is first to be considered by the Board of Zoning Appeals.
4. Professional Services. If the Plan Commission finds it necessary to hire a professional engineer or other technician to subsidize the Zoning Administrator’s capabilities for review, notice shall be given to the applicant prior to contracting services. Notice shall be given in the form of a letter that includes the statement of intent to contract professional services. The applicant shall be given fourteen (14) days from the date of mailing, prior to contracting said professional services.
5. Fees. Applicable fees shall be paid at the time the application for a special exception is filed. Fees shall include reimbursement for any cost borne by the Board of Zoning Appeals to hire a professional engineer or other technician necessary to subsidize the planning staff’s capabilities for review.
E. Formal Procedure.
1. Assignment. An application for a special exception, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and placed on the first available Board of Zoning Appeals agenda.
2. Internal Review. Upon assignment of a number and hearing date, the Zoning Administrator may ask applicable departments to review and comment. The Zoning Administrator may submit a written report to the Board of Zoning Appeals stating any facts concerning the physical characteristics of the area involved, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the application for a special exception and/or information from other departments that have reviewed the application for a special exception. A copy of such report shall be made available to the applicant and all remonstrators.
3. Public Notice. The following public notice standards apply to an application for a special exception. All costs associated with providing public notice shall be borne by the applicant.
a. The applicant shall notify all interested parties of the public hearing by regular U.S. Mail with delivery confirmation or shall prepare all letters with first class postage for the Zoning Administrator to drop in the mail a minimum of ten (10) days before the public hearing.
b. The applicant shall publish legal notice in a newspaper of general circulation one (1) time, at least ten (10) days before the date of the hearing or meeting.
c. The applicant shall be responsible for providing proof of published notice to the Plan Commission and including proof in the case file.
d. The applicant shall place a yard sign in the right-of-way in front of the subject property stating the words “Public Hearing,” “for Special Exception Approval,” shall state the date, time and location of the public hearing, and shall state “for more information call (219) 866-4908.” The sign shall be double sided, set perpendicular to the roadway, and shall be a minimum of sixteen inches tall by twenty-two inches wide (16" H X 22" W). The sign shall be in place at least ten (10) days prior to the public hearing, not including the day of the hearing. If the lot is a corner lot or through lot, a second sign shall be placed, one (1) per frontage.
4. Attendance. The applicant shall be present at the Board of Zoning Appeals meeting to present the application for a special exception and to address and discuss comments and concerns. Failure to appear shall result in the dismissal of the application for a special exception.
5. Public Hearing. A public hearing shall be held in accordance with the Board of Zoning Appeals rules and procedures.
6. Review. At their regularly scheduled public meeting, the Board of Zoning Appeals shall review:
a. The application for a special exception.
b. Supporting information.
c. Presentation by the applicant.
d. Information presented in writing or verbally by the Zoning Administrator or other applicable department or agency.
e. Input from the public during the public hearing.
f. Applicable provisions of the Unified Development Code.
g. The Board of Zoning Appeals may take into consideration the following items as they relate to the proposed use:
i. Topography and other natural site features.
ii. Zoning of the site and surrounding properties.
iii. Driveway locations, street access and vehicular and pedestrian traffic.
iv. Parking amount, location, design.
v. Landscaping, screening, buffering.
vi. Open space and other site amenities.
vii. Noise production and hours of operation.
viii. Design, placement, architecture, and material of the structure.
ix. Placement, design, intensity, height, and shielding of lights.
x. Traffic generation.
xi. General site layout as it relates to its surroundings.
7. Decision. The Board of Zoning Appeals shall make findings of fact and take final action, or continue the hearing to a defined future meeting date.
a. Findings of Fact. The Board of Zoning Appeals shall make the following findings of fact.
i. The proposed special exception is consistent with the purpose of the zoning district and the Jasper County Comprehensive Plan;
ii. The proposed special exception will not be injurious to the public health, safety, morals and general welfare of the community;
iii. The proposed special exception is in harmony with all adjacent land uses;
iv. The proposed special exception will not alter the character of the district;
v. The proposed special exception will not substantially impact property value in an adverse manner; and
vi. No appreciable environmental harm will result from the use allowed by the special exception, or, if such harms could result, such resulting harms are eliminated or reasonably mitigated by best practice measures taken by the applicant or others in relation to the use of the special exception.
b. Final Action.
i. If the Board of Zoning Appeals finds all of the findings of fact in the affirmative, it shall approve or approve with conditions and/or commitments the application for a special exception. Approval of findings may be in the form of a general statement.
ii. If the Board of Zoning Appeals does not find all of the findings of fact in the affirmative, it shall deny the application for a special exception. Disapproval of findings shall specify the reason for noncompliance.
c. Commitments and Conditions.
i. Commitments. The Board of Zoning Appeals may require the owner to make a written commitment. Commitments shall be recorded in the office of the Jasper County Recorder. A recorded commitment is binding on the owner of the land, any subsequent owner of the land, and any person who acquires interest in the land.
ii. Conditions. The Board of Zoning Appeals may require certain conditions for approval.
F. Duration. The granting of a special exception authorizes the use to run with the land unless conditions to the contrary are placed on the approval. If construction of structures or occupancy of existing structures has not commenced within three (3) years of the date the special exception was granted by the Board of Zoning Appeals, the approval shall be void.
G. Modification. If the Zoning Administrator determines a proposed modification or intensification represents an alteration in the essential character of the original special exception use as approved by the Board of Zoning Appeals, a new approval of the special exception use shall be required. The operator of the special exception use shall provide the Zoning Administrator with all the necessary information to render this determination. [Ord. 8-3-20A § 4; Ord. 3-7-16A § 1; Ord. 12-27-11 § 9.14.]