(A) General.
(1) The purpose of a conditional use permit is to allow uses that may only be suitable within certain zoning district(s) if the uses are designated, controlled, or laid out in a particular manner on the site. Approval by the Board of Zoning Appeals shall be required for all conditionally permitted uses. In considering applications for a conditional use permit the Board of Appeals shall consider the impact of the proposed use on the surrounding area, including but not necessarily limited to, traffic flow, parking, noise, glare, and potential nuisances.
(2) Unless otherwise specified, conditional use permits shall be granted to a designated address and are not transferable from address to address.
(3) Should the activity requiring the conditional use permit cease to exist for a period of 12 months, the conditional use permit shall be considered revoked and a new permit must be obtained before that activity may resume.
(4) All applicants for conditional uses shall be required to fully comply with these regulations. The Board of Zoning Appeals may waive conditions or specify conditions in addition to those indicated if, in the opinion of the Board, the conditions are necessary to mitigate any negative effect a proposed facility or activity may have on the surrounding area.
(5) In order to ascertain the conditions under which a conditional use permit have been granted are being met, the Zoning Administrator shall have the right at any reasonable time, upon reasonable request, to enter and inspect the premises covered by the permit.
(B) Specified conditional use permits.
(1) Home occupations.
(a) Conditionally permitted in residential districts.
(b) Definitions. A home occupation is defined as any business or commercial activity that is conducted from property that is zoned for residential use and is not considered an existing nonconforming use.
(c) Conditional use permits granted for home occupations shall be temporary in nature and shall be granted to a designated person who resides at the designated address. The permits are not transferable from person to person or from address to address. Should the holder of the conditional use permit for a home occupation die or move to a new location, the permit shall be automatically terminated.
(d) All of the following conditions shall be considered before a conditional use permit may be approved.
1. The home occupation shall be conducted by the applicant, who shall reside on the premises.
2. There shall be no change in the outside appearance of the building as related to home occupation, other than a sign as permitted by these regulations.
3. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to the dwelling unit’s use for residential purposes by its occupants. Home occupations shall be conducted only in the building that is used by the occupant as the private dwelling, and not more than 25% of the floor area of the dwelling unit may be used for the purpose, including storage.
4. There shall be no exterior storage of business equipment, materials, merchandise, inventory or heavy equipment.
5. No more than two vehicles in addition to those registered at that address shall be present at any one time.
6. No equipment, process or storage associated with the home occupation shall create odors, noise, vibration, glare, electrical interference or other nuisances.
7. No equipment, process or storage associated within a home occupation shall create any fire or explosion hazard or involve the storage or use of hazardous materials in any concentration greater than that which would normally be found in a dwelling unit containing no home occupation.
8. The use of mechanical equipment other than is usual for purely domestic or hobby purposes shall be prohibited.
9. No wholesale or retail business is allowed unless it is conducted entirely by mail and does not involve the sale of merchandise on the premises.
(2) Churches and places of worship.
(a) Conditionally permitted in all districts.
(b) Definition. Churches, temples, mosques, and other places of worship.
(c) All of the following conditions shall be considered before a conditional use permit may be approved.
1. An assessment shall be made of the probable impact of the proposed facility on the prevailing and expected future traffic and indicate that the adjacent major streets and adjacent properties will be able to accommodate traffic.
2. An assessment shall be made of the probable impact of the proposed facility on surrounding properties with respect to the proposed hours of operation and what noise or other nuisances could occur.
3. Lots shall be a minimum of one acre.
(3) Educational.
(a) Kindergarten, elementary, junior high, and senior high schools are conditionally permitted in residential districts; vocational schools, community colleges, colleges and universities are conditionally permitted in residential and commercial districts.
(b) Definition. Kindergarten, elementary, middle, junior high, and senior high schools; vocational schools, community colleges, junior colleges, colleges, and universities.
(c) All of the following conditions shall be considered before a conditional use permit may be approved.
1. An assessment shall be made of the probable impact of the proposed facility on the prevailing and expected future traffic and indicate that the adjacent major streets and adjacent properties will be able to accommodate traffic.
2. An assessment shall be made of the probable impact of the proposed facility on surrounding properties with respect to the proposed hours of operation and what noise or other nuisances could occur.
3. Lots shall be a minimum of one acre.
4. There shall be a minimum yard requirement of 50 feet in any yard from which exits or entries to the principal structure are made.
5. No on-street pick up or delivery of passengers shall be permitted.
(4) Outdoor recreational.
(a) Conditionally permitted in residential districts.
(b) Definition. Parks, playgrounds, recreational areas and related facilities such as swimming pools, summer camps, golf courses, and similar facilities.
(c) All of the following conditions shall be considered before a conditional use permit may be approved.
1. An assessment shall be made of the probable impact of the proposed facility on the prevailing and expected future traffic and indicate that the adjacent major streets and adjacent properties will be able to accommodate traffic.
2. An assessment shall be made of the probable impact of the proposed facility on surrounding properties with respect to the proposed hours of operation and what noise or other nuisances could occur.
(5) Hospitals, nursing homes.
(a) Conditionally permitted in R-2, R-3, and Commercial Districts.
(b) Definition. A facility staffed by qualified medical practitioners providing overnight care.
(c) All of the following conditions shall be considered before a conditional use permit may be approved.
1. A six foot solid wall or fence, a six foot dense evergreen hedge, or a six foot landscaped berm, or any combination thereof shall be required between the facilities and any adjacent residential district or use.
2. An assessment shall be made of the probable impact of the proposed facility on the prevailing and expected future traffic and indicate that the adjacent major streets and adjacent properties will be able to accommodate traffic.
3. An assessment shall be made of the probable impact of the proposed facility on surrounding properties with respect to the proposed hours of operation and what noise or other nuisances could occur.
(6) Public uses.
(a) Conditionally permitted in R-2 and R-3 Districts.
(b) Definition. Uses supported in whole or in part by taxes, including but not necessarily limited to governmental offices, fire/police stations, libraries, post offices, and similar types of uses.
(c) All of the following conditions shall be considered before a conditional use permit may be approved.
1. An assessment shall be made of the probable impact of the proposed facility on the prevailing and expected future traffic and indicate that the adjacent major streets and adjacent properties will be able to accommodate traffic.
2. An assessment shall be made of the probable impact of the proposed facility on surrounding properties with respect to the proposed hours of operation and what noise or other nuisances could occur.
(7) Group homes.
(a) Conditionally permitted in R-3 Districts.
(b) Definition. A residence for three or more unrelated individuals who require assistance to perform daily activities.
(c) All of the following conditions shall be considered before a conditional use permit may be approved.
1. Every room occupied for sleeping purposes within the home shall contain a minimum of 100 square feet of habitable room area for one occupant, and when occupied by more than one individual, shall contain at least 80 square feet habitable room area for each occupant. No facility shall use living rooms, dining rooms, entry ways, closets, corridors, outside porches or areas located below ground level as sleeping rooms.
2.
The group home shall provide not less than 25 square feet per person of suitable indoor recreation area and not less than 75 square feet of outdoor recreation open space per person in any usable yard and parking areas.
3. No exterior alteration of the structures shall be made that departs from the residential character of the building. All new structures shall be compatible in residential design with the surrounding neighborhood.
4. No group home shall be located within a 1/4 mile radius of another facility.
(8) Boarding and rooming houses.
(a) Conditionally permitted in R-3 Districts.
(b) Definition. A residence for three or more unrelated individuals.
(c) All of the following conditions shall be considered before a conditional use permit may be approved.
1. Every room occupied for sleeping purposes within the facility shall contain a minimum of 100 square feet of habitable room area for one occupant, and when occupied by more than one individual, shall contain at least 80 square feet habitable room area for each occupant. No facility shall use living rooms, dining rooms, entry ways, closets, corridors, outside porches or areas below ground level as sleeping rooms.
2.
The facility shall provide not less than 25 square feet per person of suitable indoor recreation area and not less than 75 square feet of outdoor recreation open space per person.
3. No exterior alteration of the structures shall be made that departs from the residential character of the building. All new structures shall be compatible in residential design with the surrounding neighborhood.
(9) Day care facilities.
(a) Conditionally permitted in R-3, C-1, and C-2; conditionally permitted in I-1 if directly
affiliated with a permitted use.
(b) Definition. A child day care facility is any place not the residence of the provider in which day care is provided for 13 or more individuals.
(c) All of the following conditions shall be considered before a conditional use permit may be approved.
1. An assessment shall be made of the probable impact of the proposed facility on the prevailing and expected future traffic and indicate that the adjacent major streets and adjacent properties will be able to accommodate traffic.
2. An assessment shall be made of the probable impact of the proposed facility on the surrounding properties with respect to the proposed hours of operation and what noise or other nuisances could occur.
3.
Day care facilities must meet current state standards and regulations to provide adequate outdoor areas to handle the number of individuals being cared for.
4. All exterior activity areas and play lots shall be fenced and screened with appropriate landscape materials.
5. All structures and play lots associated with this use shall be located a minimum of 25 feet from any R-1 or R-2 District.
6. Day care facilities located in an R-3 District shall be architecturally compatible with the surrounding residential uses.
(10) Primary utilities.
(a) Conditionally permitted in R-3, C-1, C-2, and I-1 Districts.
(b) Definition. See § 153.012.
(c) All of the following conditions shall be considered before a conditional use permit may be approved.
1. Non-climbable fences or comparable safety devices shall be installed and maintained in order to make the facility inaccessible to the public.
2. Portions of properties not used for buildings, parking or related services must be maintained with natural ground cover.
3.
For a structure taller than the maximum height for the zoning district in which it is located, the setback from all property lines shall be one and one-half times the height of the structure.
4. An assessment shall be made of the probable impact of the proposed facility on surrounding properties with respect to the proposed hours of operation and what noise or other nuisances could occur.
(11) Upper story apartments.
(a) Conditionally permitted in C-1.
(b) Definition. Apartments or rooms for residential use located above a permitted C-1 use.
(c) All of the following conditions shall be considered before a conditional use permit may be approved.
1. Parking for the dwelling units must be provided off-street at 2.0 parking space per dwelling unit in addition to parking required for the C-1 use.
2. Access to the upper story apartment shall be separate and independent from access for the C-1 use.
(12) Automotive services and fuel.
(a) Conditionally permitted in C-1 Districts.
(b) Definition. Any business or facility which sells gasoline, oil, or other engine products or which is engaged in the repair and/or restoration of automotive vehicles.
(c) All of the following conditions shall be considered before a conditional use permit may be approved.
1. There shall be a minimum of two separate driveways providing entrance and exit to and from the property, located not closer than 20 feet from one another, ten feet from an adjacent property line and 25 feet from any adjacent residential district. On corner lots, the driveways shall not be located closer than 30 feet to the intersection of the right-of-way lines of the two streets.
2. All hydraulic lifts, oil pits and all lubricants, greasing and other equipment shall be enclosed and operated entirely within the service station or garage building.
(13) Drive-through restaurant and retail establishments.
(a) Conditionally permitted in C-1 and C-2.
(b) Definition. A restaurant or business which sells food or services via a drive-though lane for which customers need not leave their vehicles.
(c) All of the following conditions shall be considered before a conditional use permit may be approved.
1. There shall be two separate driveways providing access to the property. On corner lots, the driveways shall not be located closer than 25 feet to the intersection of the right-of-way lines of the two streets.
2. The drive-through lane shall be so that at least five vehicles may be in line on the premises and none of these vehicles encroach on a public thoroughfare.
(14) Satellite parking and loading areas.
(a) Conditionally permitted in any district.
(b) Definition. Any parking or loading area located on a separate lot from the use it serves.
(c) All of the following conditions shall be considered before a conditional use permit may be approved.
1. Satellite parking/loading shall be considered only if the required off-street parking/loading spaces cannot reasonably be provided on the same lot where the principal use associated with these parking/loading spaces is located. However, the use and the parking/loading must both be in the same zoning district.
2. All satellite parking/loading spaces shall be located within 500 feet of the lot on which the use associated with the parking/loading is located. An assessment shall be made of the probable impact of the proposed parking/loading on traffic in the area.
3. An assessment shall be made of the probable impact of the proposed facility on surrounding properties with respect to the proposed hours of operation and what noise or other nuisances could occur.
4. A written agreement shall be provided by the owner/operator of the use for which the satellite parking is requested and by the owner of the lot on which the satellite parking is to be located to acknowledge the satellite parking/loading is permitted on the site and that it will continue to be permitted as long as the use requiring the parking/loading area is in effect. If the use for which satellite parking/loading ceases to exist for a period of 12 months, the conditional use permit for the satellite parking/loading is revoked.
(15) Joint parking/loading.
(a) Conditionally permitted in any district.
(b) Definition. Any off-street parking or loading area shared with between two or more uses.
(c) Two or more uses may jointly provide and use off-street parking or loading spaces provided at least 75% of the required parking or loading spaces for all uses summed together is provided.
(Ord. 1227-98, passed 1-12-1999; Am. Ord. 1264-99, passed 6-22-1999; Am. Ord. 1574-11, passed 6-14-2011)
Penalty, see § 153.999