The Special Exceptions listed in the individual Districts and those listed below and their accessory buildings and uses may be permitted by the Board in the Districts, in accordance with the procedures set forth in this section, and the requirements listed in Table 4. Where a use is not listed in Table 4, the requirements of the District shall apply.

 Uses permitted in any District subject to the requirements of this section:
                 Irrigation wells
                 Artificial lake of three (3) or more acres
                 Mineral Extraction, borrow pit or topsoil removal, and their storage areas
                 Public or commercial sewage disposal plant
                 Public water wells, water stations, filtration plants reservoirs and storage
                           tanks.
                 Railroad right-of-way and necessary uses
                 Telephone exchange or public utility substation.

Upon receipt of an application for an Improvement Location Permit for a Special Exception, the Zoning Administrator shall refer such application to the Commission for investigation.  The Commission shall report to the Board its findings as to whether or not the proposed location and character of the Special Exception will adversely affect the Master Plan.  The Commission report shall include the following:

  1. The fitness of the proposed use as related to:

          (a) The potential use of adjoining lands for the uses permitted in the district, and
          (b) Current trends of development of lands in the vicinity, and

  2. The affect of the  proposed use on the natural features of the site to be utilized
       and the adjoining lands, and

  3. The quality and capacity of access roads (existing or to be provided by the
       applicant) to  accommodate traffic generated by the proposed use,

The Commission shall have a  period of not less than fifteen (15) days for the                 purpose of making its investigation and shall report the results of its study to the Board within forty-five (45) days following  receipt of the application.  If no such report has been filed with the Board within this time period, the Board may proceed to process the application.

 The Board shall proceed with a hearing on the application in the manner prescribed in Section 8.3.  following the hearing:

       A. Upon affirmative finding by the Board that:
                  (1) The proposed Special Exception is to be located in a District wherein
                        such use may be permitted, and
                  (2) The requirements set forth in Table 4 for such Special Exception will be
                        met, and
                  (3) The Special Exception is consistent with the spirit, purpose, and intent
                        of this Ordinance, will not substantially and permanently injure the
                        appropriate use of neighboring property, and will serve the public
                        convenience and welfare.  The Board shall order the Zoning
                       Administrator to issue an Improvement Location Permit for the Special
                       Exception.

       B. Upon a finding by the Board that the Special Exception with additional special
            requirements  concerning the use and development features will be consistent
            with the spirit, purpose and  intent of this Ordinance, will not substantially
            and permanently injure the appropriate use of neighboring property, and will
            serve the public convenience and welfare, the Board shall  order the Zoning
            Administrator to issue an Improvement Location Permit for the Special
            Exception, providing the applicant agrees in writing to such additional special
            requirements.

       C. Upon a finding by the Board that the Special Exception is not consistent
            with the spirit,  purpose or intent of this Ordinance, may substantially or
            permanently injure the appropriate use of neighboring property, or will not
            serve the public convenience or welfare, the Board shall disapprove the Special
            Exception.

      D. Upon a finding by the Board that additional information is required for a
           determination, it may  table the application for a Special Exception and refer it
           to the Commission with a request for  further information, review and
           recommendations to the Board.

An Existing Use which is listed herein as a Special Exception, and which is located in a District in which such Special Exception may be permitted, is a conforming use.  Any expansion of such Special Exception involving the enlargement of the buildings, structures and land area devoted to such use shall be subject to the procedure described in this section.
 

 In the event the applicant has failed to commence construction within twenty-four (24) months after such permit has been issued, or has failed to proceed with construction, once commenced, said Board may require applicant to show cause why the BoardÕs order should not be withdrawn and the Improvement Location Permit for a Special Exception revoked.  This action will be subject to the Board's discretion as to the reasonableness of construction delays or as to the failure of the applicant to conform to the provisions of the Development Plan and supporting data that was approved by the Board and upon the basis of which such Improvement Location Permit was issued.  This action may be taken upon the Board's motion or upon the written petition of any aggrieved person(s) at public hearing.

NOTE:Use of # Symbol in this table indicates that the requirements of the District in which the Special Exception is located apply.

Requirement
Designation                                                Requirement

a.                MINIMUM LOT AREA

                       1.#
                       2.  110 sq. ft. per child
                       3.  15,000 sq. ft.
                       4.   20,000 sq. ft.
                       5.   1 acre
                       6.   2 acres
                       7.   3 acres
                       8.   5 acres
                       9.   5 acres including 4,000 sq. ft. per unit
                     10.   6  acres
                     11.  10 acres
                     12.  15 acres
                     13.   80 acres
                     14.  320 acres

b.              MINIMUM YARDS (feet)
 

c.             BUILDING SETBACK FROM CENTER LINE OF INTERIOR ROAD (feet)

                                 1. 40
                                 2. 50
                                 3. 85

d.             MINIMUM DISTANCE FROM RESIDENTIAL DISTRICT OR USE (feet)

                                1.  25
                                2.  50
                                3.  300
                                4.  500
                                5.  1,320

e.             MINIMUM DISTANCE FROM PARKING AREA TO RESIDENTIAL
                                           DISTRICT OR USE (feet)
                                1.  10
                                2.  25
                                3.  50
                                4. 100
                                5. 300
                                6. 1,320

f.              MINIMUM DISTANCE FROM LOADING BERTH TO RESIDENTIAL
                                             DISTRICT OR USE (feet)

                                1. 50
                                2. 100
                                3. 300
                                4. 1,320

g.             FENCES AND WALLS

                                1.  4-foot wire mesh in Residential Area
                                2.  6-foot solid painted fence in Residential Area
                                4.  6-foot woven wire fence
                                5.  6-foot solid painted fence
                                6.  6-foot wire mesh fence (if accessible to public)
                                7.  8-foot painted board fence
                                8.  Adequate to protect abutting use
                                9.  Solid wall or solid painted fence sufficient to hide from view
 

h.             SCREEN PLANTING WHERE ABUTTING RESIDENTIAL USE

                                1.  5-feet high; 3-feet wide
                                2.  6-feet high; 3-feet wide
                                3.  6-feet high; 6-feet wide
                                4.  8-feet high; 3-feet wide
                                5. 8-feet high; 6-feet wide
                                6.  Adequate for purpose

i.              MAXIMUM NUMBER OF ENTRANCES FROM ARTERIAL OR
                                         FEEDER STREET

                                1.   1
                                2.   2

J.              MINIMUM DISTANCE FROM PUBLIC BUILDING INCLUDING
                   CHURCH, BUSINESS RECREATIONAL AREA OR SCHOOL (feet)

                                1.   1000
                                2.   1320
 
 

The Contingent Use hereafter setforth, and including uses customarily accessory thereto, which are likely, but not certain to occur, and which need not be inappropriate to the primary uses of the districts established by this Ordinance, may be permitted by the Board after public hearing in any district where such uses are deemed essential or desirable to public convenience or welfare.  In granting a permit for a Contingent Use, which includes uses customarily accessory thereto, the Board shall make a finding that each use is in harmony with the various elements or objectives of the Master Plan, and its location, plan and character of Development  has been approved by the Commission.  In the exercise of it's approval, the Board may impose such conditions regarding the operation, location, character, and other features of the property, buildings or structures or use as it may deem advisable in the furtherance of the purpose of this Ordinance.  The Contingent Use Permit is for the use of the petitioner and operated by a member or members of his or her immediate family living at this address.  The Permit is non-transferable and expires if the property changes ownership or the operation is discontinued.

                1. Workshop or Repair Shop;
                2. Ceramic Shop;
                3. Professional Offices;
                4. Dance Studio;
                5. Barber Shop or Beauty Shop;
                6. Photo Studio
                7. Antique Shop
                8. Other uses not elsewhere specified or provided for in this Ordinance.

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