City of Garrett, Indiana



Online Garrett City Code

 

 

Table 24 - Special Exception Criteria

 

Corresponding Ordinance references:   

 The following criteria shall be used by the BZA in considering the granting of special exceptions for the following specified uses. 

  1. Residential uses – Proposed conversions of single-family dwelling structures to two-or-multi-family structures dwelling structures in RU, RI  and RT residential districts:

    1. The Board may grant a special exception for the purpose of converting a single-family dwelling structure into a two-or-multi-family dwelling structure in a RU,  RI or RT residential district, if after a hearing under § 153.05.2 finds that:

      1.  § 153.05.2 requires a special exception such use in the designated districts;

      2. The following special exception requirements for the proposed use are met:

        1. The owner of the building proposed for conversion from a single-family dwelling structure to a two or multi-family dwelling structure must provide plans & evidence that  the structure will have electric service and wiring that complies with all relevant electric codes, as amended.

        2. the owner of the building must provide plans & evidence that the structure will have plumbing service ructure that complies with all relevant plumbing codes, as amended.

        3. The owner of the building must provide evidence that the plumbing, kitchen and bathroom facilities within the dwelling structure, for each of the proposed dwelling units, meet all DeKalb County and State of Indiana codes, as amended.

        4. The owner of the building must provide evidence that off-street parking, as prescribed by §153.06.15(c)(1)(v), §153.06.2(b) & Table 3a of this Ordinance will be provided for this property.

        5. The owner of the building must provide evidence that ingress and egress for the dwelling structure will be provided as required by all applicable DeKalb County and State of Indiana building codes, as amended.

        6. The character of the neighborhood surrounding the proposed use contains similar uses.

      3. Granting the exception will not subvert the general purposes served by this ordinance, will not materially, and permanently injure other property or uses in the same district and vicinity.

      4. The granting of the special exception does not interfere substantially with the goals, objectives or land use policies established in the Garrett Comprehensive Plan.

    2. Condition of Use – Upon the granting of a special exception, and the completion of  the physical conversion of a single family dwelling structure to a two or multi-family dwelling structure, said structure shall be inspected by the City of Garrett and the DeKalb County Building Department to ensure compliance with the above-noted findings. 

      A converted dwelling structure may not be occupied until  a “Certificate of Occupancy” is issued by the City of Garrett.

  2. Commercial uses – Proposed sale of fireworks and/or other explosive devices in a BG-Business General district:

    1. The Board may grant a special exception for a use in a district, if after a hearing under § 153.05.2 finds that:

      1. § 153.05.2 authorizes a special exception for that use in that district;

      2. The following special exception requirements for the proposed use are met:

        1. The building proposed for the sale of fireworks and/or other explosive devices must be constructed of cement blocks, steel trusses and a metal or masonry roof.
        2. The building must have an operating sprinkler system covering all entrances and exits.
        3. The owner of the building, or the proprietor of the proposed use must provide a copy of the appropriate State of Indiana permit governing the sale of fireworks and/or explosive devices.
        4. A“Knox” box must be located at the front entrance of the building.
        5. The building owner or the proprietor of the proposed use must provide documentation of adherence to all City, County and State fire codes, as amended.

      3. Granting the exception will not subvert the general purposes served by this ordinance, will not materially, and permanently injure other property or uses in the same district and vicinity.

      4. The granting of the special exception does not interfere substantially with the goals, objectives or land use policies established in the Garrett Comprehensive Plan.


    2. Condition of Use – Upon the granting of a special exception, and before the sale of fireworks and/or other explosive devices occurs from the subject premises, said structure shall be inspected by the City of Garrett and the DeKalb County Building Department to ensure compliance with the above-noted findings and all other applicable City, County and State codes, as amended. 

 

NOTE: This Code is subject to amendment periodically as permitted by the Indiana Code. Such amendments
may not be immediately posted to this site.

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