§ 157.178  REGULATIONS, STANDARDS FOR CONDITIONAL USE PERMITS.
   The uses for which conditional use permits are required, and detailed regulations and standards for the conditional uses governed by this subchapter are set forth in this section. In addition to the requirement contained herein, conditional uses shall comply with the area, height, parking, and other regulations applicable in the zoning district in which they are located, unless specifically covered by the following standards or by conditions attached by the Board of Zoning Adjustment.
   (A)   Adult uses.
      (1)   Permitted districts.  Adult uses may be permitted as a conditional use in the B-3 zoning district.
      (2)   Dimensional requirements.  Adult uses shall comply with dimensional requirements of the district in which the use is located.
      (3)   Parking and loading.  Off-street parking and loading requirements shall comply with §§ 157.095 through 157.100 and §§ 157.130 through 157.135, respectively.
      (4)   Landscaping and buffers.  Landscaping and buffers shall be provided as required in § 157.080 through 157.086.
      (5)   Other standards.
         (a)   No adult use may operate within 500 feet of any residential zone.
         (b)   No adult use may operate within 500 feet of any public, private, or parochial school, library, park, playground, church, or other places where minors tend to congregate.
         (c)   No adult use may operate within a 500-foot radius of two other such uses.
         (d)   Advertisements, displays, or other promotional materials shall not be shown or exhibited so  as to be visible to the public from public rights-of-ways or from public/semi-public pedestrian walkways. Such displays shall be considered as signs. Permitted signs shall be limited to those whose copy includes only the name of the business, organization, place, building, or person it identifies; and the size and location of such signs are controlled by § 157.110 through 157.118.
   (B)   Animal/pet boarding, kennel.
      (1)   Permitted districts.  Pet boarding may be permitted as a conditional use in the B-2, and I-1 Zoning Districts.
      (2)   Dimensional requirements.  The boarding of pets shall comply with the dimensional requirements of the district in which the facility is located; provided, however, that no pen, run or other enclosure for animals be closer than 100 feet from the property lines.
      (3)   Parking and loading.  Off-street parking and loading requirements shall comply with §§ 157.095 through 157.100 and §§ 157.130 through 157.135, respectively.
      (4)   Landscaping and buffers.  Landscaping and buffers shall be provided as required in §§ 157.080 through 157.086. Buffers shall effectively screen the operation from view of adjacent residences.
   (C)   Art gallery, museum.
      (1)   Permitted districts.  Art galleries and museums may be permitted as conditional uses in the R-S and R-4 Zoning Districts.
      (2)   Dimensional requirements.  Art galleries and museums shall comply with the dimensional requirements of the district in which it is located.
      (3)   Parking and loading.  Off-street parking and loading requirements shall comply with §§ 157.095 through 157.100 and §§ 157.130 through 157.135, respectively.
      (4)   Landscaping and buffers.  Landscaping and buffers shall be provided as required in §§ 157.080 through 157.086.
      (5)   Other requirements.  The applicant shall submit with the site plan a narrative description of the proposed use, detailing: hours of operation, provision of studios, presence of retail sales activity, character of proposed events and exhibits, and anticipated number of visitors, employees, and volunteers.
   (C-1)   Bed and breakfast.
      (1)   Permitted districts. Bed and breakfast operations may be permitted as a conditional use in the R-5 zoning district only.
      (2)   Dimensional requirements. The dimensional requirements for this use shall be the same as for the zoning district in which the property is located, as indicated in the Table of Dimensional Requirements, § 157.201, unless provided otherwise herein.
      (3)   Parking and loading. Off-street parking and loading requirements shall be in compliance with §§ 157.095 through 157.100 and §§ 157.130 through 157.135, respectively.
      (4)   Landscaping and buffers. Landscaping and buffers shall be provided as required by §§ 157.080 through 157.086. In addition, the Board of Zoning Adjustment may require a vegetative buffer strip or screen where this proposed operation abuts low density existing or future housing.
      (5)   It is the intent of this conditional use to provide a buffer between intense land uses and low density single-family residences. To that extent the Board of Zoning Adjustment may permit conditionally bed and breakfast operation at the fringe of low density residential zones where it abuts more intense and/or incompatible land uses. The Board may further permit such operations near the intersection of two major streets where highway traffic may not be conducive to single family residential development.
      (6)   Other requirements. No more than one bed and breakfast operation shall be located on a single zoning lot. Bed and breakfast operation permitted under this subsection shall have no more than one structure on a single zoning lot. No bed and breakfast operation permitted under this subsection shall have more than four units per structure.
      (7)   Each room to be rented shall be designed and intended to accommodate no more than two persons;
      (8)   Each room shall be rented for no longer than seven consecutive days. Any facility which rents rooms for more than seven days shall be regulated as a boarding house;
      (9)   The owner-operator shall maintain a guest log and other records, which shall be subject to annual review and inspection;
      (10)   The conditional use permit shall become null and void upon the sale or transfer of the property;
      (11)   The use shall be in compliance with all applicable state and local laws, including Health Department rules and regulations.
   (C-2)   Beekeeping operations. The Board shall consider and apply those following requirements that the Board, in its discretion, deems appropriate in granting the conditional use:
      (1)   Permitted districts. Beekeeping operations may be permitted as a conditional use in all residential zoning districts.
      (2)   Dimensional requirements.
         (a)   Hives may be located only on lots with residential use.
         (b)   No more than four hives may be located on a lot.
         (c)   No hive shall exceed 20 cubic feet in volume.
         (d)   No hive shall be located closer than ten feet from any property line.
         (e)   No hive shall be located closer than 20 feet from a public sidewalk or 25 feet from a principal building on an abutting lot.
         (f)   A constant supply of water shall be provided for all hives.
         (g)   A flyway barrier at least six feet in height shall shield any part of a property line that is within 25 feet of a hive. The flyway barrier shall consist of a wall, fence, dense vegetation or a combination thereof and it shall be positioned to transect both legs of a triable extending from an apex at the hive to each end point of the part of the property to be shielded.
         (h)   A swarm trap shall be installed on the property from April 1 through October 31 of each year.
      (3)   Parking and loading. Off- street parking and loading requirements shall comply with §§ 157.095 through 157.100 and §§ 157.130 through 157.135, respectively.
      (4)   Landscaping and buffers. Landscaping and buffers shall be provided as required in §§ 157.080 through 157.086. Buffers shall effectively screen the operation from view of adjoining residence(s).
   (D)   Cemetery. 
      (1)   Permitted districts.  Cemeteries may be permitted as conditional use in all zoning districts.
      (2)   Lot size.  A cemetery shall contain at least 15 acres of land.
      (3)   Building height.  No structure shall exceed 35 feet in height.
      (4)   Structure location.  No structure permitted by these standards shall be located closer than 100 feet to any abutting residential structure, or any structure for routine occupancy.
      (5)   Access.  There shall be at least one access point to a cemetery. Such access shall be by way of a private drive entering from a public street and of sufficient width to accommodate two-way vehicular traffic. A gate or other means of closing the entrance shall be provided.
      (6)   Landscaping and buffers.  A perimeter buffer strip of 50 feet shall be maintained around the entire cemetery. No burial sites, decorations, or structures shall occupy this buffer strip.
      (7)   Hours of operation.  Cemeteries shall be open only during daylight hours. The entrance shall be closed and locked at night.
      (8)   Structures permitted.  Chapels, mortuaries, undertaking establishments, crematoriums, mausoleums, and sales and administrative offices are permitted within a cemetery.
   (E)   Day care center, nursery.
      (1)   Permitted districts.  Day care centers, and/or nurseries, may be permitted in all zoning districts.
      (2)   Dimensional requirements.  A day care center/nursery shall comply with the lot, yard, and height requirements of the zoning district in which the facility is located.
      (3)   Parking and loading.  Off-street parking and loading requirements shall comply with §§ 157.095 through 157.100 and §§ 157.130 through 157.135, respectively.
      (4)   Signs.  Signs shall be in compliance with §§ 157.110 through 157.118.
      (5)   Landscaping and buffers.  Where any outdoor play area is directly adjacent to a residential lot, a solid fence or wall at least six feet, or an open fence at least four feet in height with a screen planting of six feet in height, shall be installed. Vegetative material shall meet the required height within two growing seasons.
      (6)   Other requirements. 
         (a)   There shall be 25 square feet of indoor space for use per child. Closets, corridors, kitchens, and baths will be excluded in determine compliance with this requirement. (Floor plan required).
         (b)   There shall be 75 feet of outdoor play area per child in residential districts, and 45 square feet per child in nonresidential districts.  The outdoor play areas shall be located in a fenced side or rear yard.
         (c)   Each day care center/nursery shall be duly licensed or certified by the Commonwealth of Kentucky, where applicable.
         (d)   An off-street area shall be provided where passengers may safely exit an automobile to enter the building, and vice-versa.
   (F)   Duplex and multi-family dwelling.
      (1)   Permitted districts.  Duplex and small scale  (one  structure  per  lot  and no more  than four units) multi-family residential development may be permitted as a conditional use in the R-6 Zoning Districts.
      (2)   Dimensional requirements.  The dimensional requirements for duplex and multi-family residential development, as a conditional use, shall be the same as those for the zoning district in which the property is located; as indicated in § 157.202.
      (3)   Location with zoning districts.
         (a)   It is the intent of this conditional use to provide a buffer between intense land uses and low density single-family residences. To that extent the Board of Zoning Adjustment may permit conditionally duplexes or multi-family at the fringe of low density residential zones where it abuts more intense and/or incompatible land uses. The Board may further permit such housing near the intersection of two major streets where highway traffic may not be conducive to single-family residential development.
         (b)   This conditional use is not intended to change the character of the R-9 and R-6 Zoning Districts to one of higher density development. Therefore, such conditional use shall be allowed only for the single zoning lot which abuts a land use incompatible with R-9 and R-6 type development. Thereafter, the permitted conditional use will be considered a compatible land use with the R-6 District.
      (4)   Parking and loading.  Off-street parking and loading requirements shall be in compliance with §§ 157.095 through 157.100 and §§ 157.130 through 157.135, respectively.
      (5)   Landscaping and buffers.  Duplex and multi-family development as a conditional use shall comply with the landscaping and buffer requirements of §§ 157.080 through 157.086. In addition, the Board of Zoning Adjustment may require a vegetative buffer strip or screen where this proposed development abuts low density existing or future housing.
      (6)   Other requirements.  No more than one duplex structure shall be located on a single zoning lot. Multi-family development permitted under this subsection shall have no more than one structure on a single zoning lot. No multi-family development permitted under this subsection shall have more than four units per structure.
   (G)   Dwelling, multi-family-large scale.
      (1)   Permitted districts.  Large scale multi-family dwelling developments (more than one structure and/or more than eight units) may be permitted as a conditional use in the R-5, R-4 Residential and B-3 Downtown/ Business Zoning Districts.
      (2)   Dimensional requirements.  Large scale multi-family dwelling developments shall comply with the lot, yard, and height requirements of the district in which the development is located, unless otherwise provided herein or by the Board of Zoning Adjustment. The dimensional requirements shall apply to the entire development proposal rather than to only individual structures.
      (3)   Parking and loading.  Off-street parking and loading requirements shall comply with §§ 157.095 through 157.100 and §§ 157.130 through 157.135, respectively.
      (4)   Landscaping and buffers.  Landscaping and buffering shall include a 20-foot buffer strip adjacent to all railroad rights-of-way, limited access highways, and commercial and industrial uses or zoning districts. The buffer strip shall be planted with evergreen or deciduous trees spaced not more than 50 feet apart and supplemented with grass and shrubs to effectively screen the view of adjacent properties from the use(s) within the subject property. The Board of Zoning Adjustment may require additional landscaping to ensure a safe and healthy residential environment.
      (5)   Other requirements.
         (a)   Individual structures shall be separated by at least 30 feet end-to-end, and 40 feet in all other configurations.
         (b)   No multi-family structure shall be more than 200 feet in length.
         (c)   There shall be provided a minimum of 300 square feet of usable open space for each multi-family unit. Such open space shall be improved active and passive recreation area for the use of residents thereof. Housing for the elderly or housing near public recreation sites may be exempt from the provision, upon a finding that residents' recreational needs are satisfied.
         (d)   Private, hard surface, drives are permitted, when approved by the Director of Public Works. Individual structures or land uses need not front on a public street. Private drives shall allow for public safety vehicles to efficiently maneuver. The developer shall provide assurances, acceptable to the Board of Zoning Adjustment, that the owner, homeowners association, or agent thereof, will assume maintenance responsibilities for all private drives. The city will not accept any road into its system unless it meets city street standards.
         (e)   Utilities, including storm sewers, sanitary sewers, refuse collection, and water system shall be approved by the Directors of Public Works and Utilities, and shall be designed by a registered engineer. As-built drawings of the facilities will be required where the utilities are to be dedicated to, and accepted by, the city. The developer shall provide assurances, acceptable to the Board of Zoning Adjustment, that the owner, homeowners association, or agent thereof, will assume maintenance responsibilities for all private utility systems.
   (H)   Dwelling, townhouse.
      (1)   Permitted districts.  Townhouse residences may be permitted as a conditional use in the R-6 Zoning Districts.
      (2)   Dimensional requirements.  Townhouse residential development as conditional use shall comply with dimensional requirements as specified in § 157.202.
      (3)   Location within zoning districts.
         (a)   It is the intent of this conditional use to provide a buffer between intense land uses and low  density  single-family  residences. To that  extent the Board of Zoning Adjustment may permit conditionally townhouses at the fringe of a low density residential zone where it abuts more intense and/or incompatible land use. The Board may further permit such density housing near the intersection of two major streets where highway traffic may not be conducive to single-family residential development.
         (b)   This conditional use is not intended to change the character of the R-6 zoning district to one of higher density development, Therefore, such conditional use shall be allowed only for the single zoning lot or development. Thereafter, the permitted conditional use will be considered a compatible land use within the R-6 District.
      (4)   Parking and loading.  Off-street parking and loading requirements shall be in compliance with §§ 157.095 through 157.100 and §§ 157.130 through 157.135, respectively.
      (5)   Landscaping and buffers.  Townhouse development as a conditional use shall comply with the landscaping and buffer requirements of §§ 157.080 through 157.086. In addition, the Board of Zoning Adjustment may require a vegetative buffer strip or screen where this proposed development abuts low density existing or future housing.
      (6)   Other requirements.  No more than four townhouse units may be constructed under the provisions of this conditional use per zoning lot or development.
   (I)   Emergency services.
      (1)   Permitted districts.  Emergency services facilities may be permitted as a conditional use in all residential zoning districts.
      (2)   Dimensional requirements.  Emergency service facilities shall comply with the yard, lot and height requirements of the district in which they are located.
      (3)   Landscaping and buffers.  The Board of Zoning Adjustment may require a vegetative buffer and/or screen as it deems necessary to retain the character of the affected zoning district.
   (J)   Flammable of hazardous chemical:  bulk storage above ground.
      (1)   Permitted districts.  Above ground bulk storage facilities for flammable and hazardous chemicals may be permitted as conditional uses in the I-1 and I-2 Industrial Zoning Districts.
      (2)   Dimensional requirements.  The minimum lot area, width and setback requirements shall be the same as for the I-1 Light Industrial District, unless provided otherwise herein. No tank constructed above ground, nor basin or dike, nor truck loading dock shall not be located closer than 20 feet to a property or street right-of-way line.
      (3)   Parking and loading.  Off-street parking and loading areas shall be provided as required by §§ 157.095 through 157.100 and §§ 157.130 through 157.135, respectively. Vehicular access to the facility shall be provided in such a manner so as not to require the use of residential streets.
      (4)   Landscaping and buffers.  Landscaping and buffers shall be provided as required by §§ 157.080 through 157.086. In all instances, a chain link fence shall be provided to completely enclose and secure the loading and storage facilities.
      (5)   Other requirements. 
         (a)   The proposed storage and loading facilities as well as any warehousing structures shall conform to the requirements of applicable federal, state, and local laws.
         (b)   The applicant shall provide with the site development plan: The layout of the entire project including the location of buildings, storage tanks, loading facilities, pumps and other apparatus. The plan shall show the storage tank location, design, diameter, height and storage capacity as well as the location, height, storage capacity and method of construction of dike systems. A statement of the fuels to be stored in each tank shall be included on the plan.
   (K)   Flammable of hazardous chemicals:  bulk storage below ground.
      (1)   Permitted districts.  Underground bulk storage facilities for hazardous and flammable chemicals may be permitted as conditional uses in the B-2 General Business and the I-1 and I-2 Industrial Zoning Districts.
      (2)   Dimensional requirements.  The minimum lot area, width, and setback requirements shall be the same as for the zoning district in which the facility is located, unless provided otherwise herein. All storage tanks, loading facilities, pumps, and other appurtenances shall be located at least 20 feet from any property or street right-of-way line.
      (3)   Parking and loading.  Off-street parking and  loading areas shall  be provided as required by §§ 157.095 through 157.100 and §§ 157.130 through 157.135, respectively.
      (4)   Other requirements.
         (a)   The proposed storage and loading facilities as well as any warehousing structures shall conform to the requirements of applicable federal, state, and local laws.
         (b)   The applicant shall provide a report, completely describing the types of materials stored.
   (L)   Group care home.
      (1)   Permitted districts.  Group homes with more than four residents may be permitted as a conditional use in the R-4, the E-3 Downtown/ Business, and the P-H Public Hospital zoning districts.
      (2)   Dimensional requirements.  A group home shall comply with the lot, yard, and height requirements of the district in which such facility is located. Additional yard requirements may be set by the Board to protect the group home residents and to preserve the neighborhood character of the surrounding area.
      (3)   Parking and loading.  Off-street parking and loading requirements shall comply with §§ 157.095 through 157.100 and §§ 157.130 through 157.135, respectively.
      (4)   Landscaping and buffers.  The Board of Zoning Adjustment may require a vegetative buffer and/or screen as it deems necessary to retain the neighborhood character of the surrounding area and to protect the group home residents.
      (5)   Other requirements.
         (a)   Group care facilities shall be allowed only when licensed by an appropriate state or local agency. If such licensing is contingent upon the approval of the city, the issuance of a conditional use permit shall be conditioned upon obtaining the required license within 90 days after approval of the permit.
         (b)   In order to prevent concentration of group care facilities to the detriment of the group home residents and the impaction of a residential block or neighborhood, the Board shall exercise care in considering a request to establish a group care facility. In no instance shall the Board approve a proposed group care facility which would be located within 1,500 feet of another facility or similar institution.
         (c)   The applicant shall provide a written statement addressing each of the following items:
            1.   The number of staff personnel to reside and/or work in the facility, with their backgrounds and qualifications.
            2.   The number of individuals to be housed in the facility (not counting the staff personnel) and their backgrounds, ages, sex, and the like. If this information is not known, the applicant shall explain the purpose of the facility and the purpose of group home residency.
            3.   The estimated length of stay for individuals in the facility.
            4.   The intake criteria which have been or will be used in screening the persons who will live in and benefit from the facility.
            5.   The applicant shall provide a floor  plan  of  the group care facility, drawn to scale, and showing the use and dimensions of each room and the location of entrances and exits.
   (M)   Industrial operations (not specifically listed in the table of permitted uses (§ 157.201)).
      (1)   Permitted districts.  Industrial operations may be permitted on a conditional basis in the I-1 Light Industrial and the I-2 Heavy Industrial Zoning Districts. The potential for community nuisances created by such operations will allow the Board of Adjustment to determine whether such operations are "light" or "heavy" industrial, in light of the purpose statements for each district (§ 157.015).
      (2)   Dimensional requirements.  The dimensional requirements for industrial operations as conditional uses shall be the same as the I-1 or I-2 districts (§ 157.202). The Board of Zoning Adjustment may, however, require additional yard requirements for the protection of the public health, safety, and welfare. Such greater yard requirements shall be based upon the nature of the industrial operation and the proximity of the facility to surrounding structures and land uses (existing or future).
      (3)   Parking and loading.  Off-street parking and  loading areas shall  be provided as required by §§ 157.095 through 157.100 and §§ 157.130 through 157.135, respectively.
      (4)   Landscaping and buffers.  Landscaping and buffers shall be provided as required by §§ 157.080 through 157.086.
      (5)   Other requirements.
         (a)   No industrial operation shall be permitted which may become an annoyance or nuisance by reason of unsightliness or the excessive emission of noise, dust, odor, fumes, or particulates. Determination of whether a proposed establishment may be objectionable shall be the judgement of the Board of Zoning Adjustment.
         (b)   Industrial operations which contain, utilize, or manufacture products or materials considered  hazardous to life and property from fire or explosion shall conform to national, state, and local fire codes. Where such codes conflict with this chapter or each other, the more restrictive shall apply.
         (c)   The applicant shall provide a report, in writing, completely describing the proposed operation, including the types of products and materials used in the manufacturing process, and finished products and materials.
   (N)   Mobile home parks.
      (1)   Permitted districts.  Mobile home parks are permitted as conditional uses in all residential zoning districts.
      (2)   Dimensional requirements.
         (a)   Minimum tract size shall be three acres.
         (b)   Minimum tract frontage shall be 100 feet along a public road.
         (c)   Mobile home sites and park structures shall be set back at least 50 feet from any abutting public street right-of-way line; and at least 30 feet from any other abutting property line.
         (d)   Each mobile home space shall have an area of at least 4,000 square feet.
      (3)   Roads.  Private, hard surface roads are required within a mobile home park. Each mobile home space shall be directly accessible from an internal private road, with no direct access to public streets. Layout and construction of the private roads shall be approved by the Director of Public Works and City Engineer.
      (4)   Utilities.  Each mobile home park created under this conditional use shall be provided with an approved public water supply and sewage disposal system, and shall be approved by the City Engineer.
      (5)   Parking.  Each mobile home space shall be provided with one off-street parking space, located conveniently to the mobile home space.
      (6)   Recreation.  Not less than 10% of the area of each mobile home park shall be developed for active and passive recreation, including children's equipment and a fenced tot lot. Required setbacks and laundry drying yards shall not be considered recreation areas.
      (7)   Pedestrian access.  Walkways, two feet wide for individual mobile home space and three feet wide for common areas shall be provided. They shall be smooth surfaced with asphalt, concrete, or gravel; and shall be free from mud, dust, and standing water at all times. All roads serving more than 15 mobile homes spaces shall have a three-foot wide sidewalk along one side of the road.
      (8)   Individual mobile home spaces.
         (a)   Mobile homes shall be separated from each other by not less than 30 feet in all directions, and 40 feet when located on opposite sides of an internal road. Expandable rooms, double-wides, and additions to mobile homes shall be considered integral parts of the structure for these spacing requirements.
         (b)   Mobile home stands shall be provided with anchorage and each mobile home shall be anchored.
         (c)   Each mobile home shall be curtained around its base. Such curtain shall be completely enclosed to control rodent harborage.
         (d)   No storage shall be allowed on or around a mobile home space other than in completely enclosed storage facilities.
      (9)   Refuse and debris.
         (a)   All refuse shall be stored in water tight, rodent-proof containers; which shall be located within 100 feet of each mobile home space and common structures.
         (b)   Mobile home parks shall be maintained free of debris and undergrowth.
         (c)    Refuse shall be collected on a regular basis to assure a healthy and safe residential environment.
      (10)   Accessory uses.  Self-service laundries and community centers may be included in a mobile home park; provided they are operated for the convenience of the park's residents, and that no signs regarding such accessory uses shall be visible from outside the park's borders.
   (O)   Natural resources extraction.
      (1)   Permitted districts. Natural resources extraction may be permitted as a conditional use in all zoning districts.
      (2)   Dimensional requirements.  No excavation shall take place closer than 50 feet to any property line, street right-of-way line, or shore line of any water course, and no drilling shall take place within 15 feet of such lines.
      (3)   Other requirements.
         (a)   Access to and from the site shall be provided so as to assure that the traffic flow on any adjacent street or highway will not be impeded.
         (b)   Any temporary or permanent building used in connection with this operation shall meet the setback requirements of the zoning district in which the property is located. No such building shall be occupied for residential purposes.
         (c)   The loading of trucks shall be accomplished in such a way to prevent spillage on any street or roads.
         (d)   Upon termination of the operation, all buildings and equipment shall be removed, all excavation areas shall be graded so as to provide for natural drainage, and vegetation shall be planted to prevent erosion.
         (e)   Any blasting operations in connection with the use shall be conducted between 8:00 a.m. and 5:00 p.m. Blasting shall be performed in such a manner as to protect neighboring properties from flying debris.
         (f)   No extractive operations shall interfere with the natural drainage flow of the area, endanger any surrounding property, or cause undue vibration, noise or wind-blown dust or sand.
         (g)   The entire area of operation shall be enclosed by a six-foot fence to make the area inaccessible to the general public.
      (4)   Plan requirements.  The applicant shall provide a site plan drawn to scale, showing the following:
         (a)   The dimensions and acreage of the site and its relation to surrounding properties and streets.
         (b)   The topography of the site at contour intervals of two feet indicating existing contours as well as proposed contours after the excavation has occurred.
         (c)   The plan for rehabilitation of the site after the excavation, describing the areas to be refilled, topsoiled, and seeded.
         (d)   An estimate of the total volume of soil and other materials to be removed from the site and the length of time requested to conduct the operation.
         (e)   All existing utility lines, water courses, and drainage easements.
         (f)   Title, north arrow, scale, name of owner, surveyor, and the date of plan preparation.
   (P)   Nursing homes.
      (1)   Permitted districts.  Nursing homes may be permitted as conditional uses in the R-5, R-4, B-1 and B-3 Zoning Districts.
      (2)   Dimensional requirements.  Nursing homes, shall comply with the dimensional requirements of the district in which the facility is located. Additional yard requirements may be set by the Board to preserve the neighborhood character of the area, and to protect the home residents.
      (3)   Parking and loading.  Off-street parking and loading requirements shall comply with §§ 157.095 through 157.100 and §§ 157.130 through 157.135, respectively.
      (4)   Landscaping and buffers.  Landscaping and buffers shall be provided as required in §§ 157.080 through 157.086. The Board may require additional landscaping/buffers in order to protect home residents and the surrounding neighborhood character.
   (Q)   Public utility substation/stations.
      (1)   Permitted districts.  Public utility substations/stations may be permitted as conditional uses in the R-12, R-6, R-5, R-4, B-1, B-3, and P-H districts.
      (2)   Dimensional requirements.  The setback of any building or structure, or any use instituted, shall be a minimum of 25 feet, or the required setbacks of the district, whichever is greater.
      (3)   Parking and loading.  Off-street parking and loading requirements shall comply with §§ 157.095 through 157.100 and §§ 157.130 through 157.135, respectively.
      (4)   Landscaping and buffers.
         (a)   Portions of properties not used for facilities, parking or related services shall be maintained with grass or other suitable ground cover.
         (b)   A durable wall, fence or hedge or other natural planting shall be provided along the exterior property lines of any lot within residential districts, and along any exterior property line that adjoins any lot in residential districts. Such wall, fence or hedge shall be at least six feet in height, measured from the ground along the lot lines of adjoining properties. Hedges or comparable natural planting shall be planted at an initial height of at least three feet and shall be of such variety that an average height of six feet could be expected by normal growth within two years from the time of planting.
         (c)   Where hedges or other natural landscape materials are used, a six-foot high chain fence shall be erected inside the hedge to make the facility inaccessible to the general public.
      (5)   Other requirements.
         (a)   Whenever possible, facilities should be located on interior properties, rather than on properties aligned with other lots of continuous street frontage.
         (b)   The design of buildings, structures and facilities on the site shall conform as closely as possible to the character of the area or neighborhood, so that facilities or structures will not adversely affect the safe and comfortable enjoyment of nearby properties.
         (c)   Outdoor storage shall be completely screened from view of adjoining properties and streets.
   (R)   Recreation facilities:  public and nonprofit.
      (1)   Permitted districts.  Public and nonprofit recreation facilities may be permitted as conditional uses in all residential and the B-1 Zoning Districts.
      (2)   Dimensional requirements.  The dimensional requirements for public and nonprofit recreational facilities as conditional uses shall be the same as for zoning district in which the property is located unless provided otherwise herein.
      (3)   Parking and loading.  Off-street parking and loading requirements shall be in compliance with §§ 157.095 through 157.100 and §§ 157.130 through 157.135, respectively.
      (4)   Landscaping and buffers.  Public and nonprofit recreation facilities as conditional uses shall comply with the landscaping and buffer requirements of §§ 157.080 through 157.086. The Board of Zoning Adjustment may, in addition, require further landscaping in order to protect the residential character of surrounding properties.
      (5)   Other requirements.
         (a)     Noise    emanating    from    the amusement shall be governed by the following provisions:
            1.   Every use and activity shall be operated so that regularly recurring noises are not disturbing or unreasonably loud, and do not cause injury or detriment to surrounding properties.
            2.   Every use and activity shall be so operated that regularly recurring noises, as detected by the human sense of hearing, without instrument, at adjoining residential property lines, shall not exceed the normal noise level generated by uses permitted in residential districts.
         (b)   Lighting, if provided, shall be so designed and located to be directed away from residential areas or shielded to protect them.
         (c)   The vehicular traffic generated by such a facility shall be of a volume which will not create any safety hazards, or disrupt the residential character of the neighborhood.
         (d)   The applicant shall provide a statement detailing the proposed activities and uses of the grounds and facilities.
   (S)   Recreational facilities:  for profit.
      (1)   Permitted districts.  Recreation facilities operated for profit may be permitted as a conditional use in the B-1 and B-2 Zoning Districts.
      (2)   Dimensional requirements.  The dimensional requirements for this conditional use shall be the same a for the zoning district in which the property is located, unless provided otherwise herein.
      (3)   Parking and loading.  Off-street parking and loading requirements shall be in compliance with §§ 157.095 through 157.100 and §§ 157.130 through 157.135, respectively.
      (4)   Landscaping and buffers.  Landscaping and buffers shall be provided as required by §§ 157.080 through 157.086. The Board of Zoning Adjustment may require additional landscaping in order to protect the neighborhood character.
      (5)   Other requirements. 
         (a)   Noise emanating from the amusement shall be governed by the following provisions:
            1.   Every use and activity shall be operated so that regular recurring noises are not disturbing or unreasonably loud, and do not cause injury or detriment to surrounding properties.
            2.   Every use and activity shall be so operated that regularly recurring noises, as detected by the human sense of hearing, without instruments, at adjoining property lines, shall not exceed the normal noise level generated by uses permitted in the zoning district.
         (b)   Lighting, if provided, shall be so designed and located as to be directed away from residential areas or shielded to protect them.
         (c)   Vehicular access to the site shall be provided from major streets and not residential local streets.
         (d)   The applicant shall provide a statement detailing the proposed activities and uses of the grounds and facilities.
   (T)   Temporary uses (not otherwise addressed by other provisions).
      (1)   Permitted districts.  Temporary uses may be permitted as conditional uses in all zoning districts.
      (2)   Dimensional requirements.  The dimensional requirements shall be the same as for the zoning district in which the temporary use is to be located.
      (3)   Parking and loading.  Off-street parking and loading shall be provided as required by §§ 157.095 through 157.100 and §§ 157.130 through 157.135, respectively.
      (4)   Landscaping and buffers.  Temporary uses are exempt from the landscaping and buffer requirements of §§ 157.080 through 157.086; provided, however, that the Board of Zoning Adjustment may require appropriate screening when necessary to protect surrounding or adjacent residential uses.
      (5)   Other requirements.
         (a)   Temporary uses, as conditional uses, shall include, but not be limited to, the following:
            1.   The uses of open land for revivals, circuses and carnivals; or the sale of Christmas trees, baked goods, or collected clothing, produce, and the like, if no structure is erected other than tents or booths.
            2.   The use of a building and surrounding land by any nonprofit, charitable, religious, or educational organization for the purpose of exhibiting and purveying, indoor or out-of-door, arts, and crafts, products, jewelry, clothing, foods, beverages, horticultural specimens, home furnishings and decorations, and similar or related items; and for presenting musical or theatrical programs.
         (b)   The Board of Zoning Adjustment shall take into account the adverse effect, if any, of the temporary use on its neighbors and the public; the temporary nature of the use; the necessity of the use; the hardship of the owner; the zoning of the property and the surrounding area; and any other relevant factors in the particular circumstances.
         (c)   The temporary use permitted under this division shall be limited to the uses as specified by the Board of Zoning Adjustment.
         (d)   Each applicant shall furnish assurances that at the termination of the temporary use permit, all properties of every nature moved onto the site under the permit shall be removed, and that no unsightly residue of property or land displacements shall be allowed to remain on the site.
         (e)   The temporary use shall not involve the use of advertising signs on any site located in a residential zoning district, other than one small (ten square feet) announcement sign, unilluminated.  In all other zoning districts, signs shall conform to the requirements of §§ 157.110 through 157.118 for the district in which the use is to be located.
         (f)   The duration of the temporary use shall be specified on the permit issued by the Board of Zoning Adjustment. A conditional use permit, granted for a temporary use, is not intended as a means to circumvent the use restrictions of individual zoning districts. Therefore, a temporary use permit issued under these provisions shall not be valid for more than six consecutive weeks, nor 12 nonconsecutive weeks within any twelve month period.
      (6)   Conditional use permit.  A conditional use permit is not required for a temporary use which meets all three of the following circumstances: the use is permitted as-of-right or under a valid conditional use permit; it is housed in a permanent structure designed for such a use; and adequate off-street parking is available. Further, a conditional use permit is not required: residential yard sales as defined by the City Commission; door-to-door solicitations; and public activities approved by the City Commission on public lands.
      (7)   Non-profit organizations are exempt from the conditional use permit application fee of one hundred dollars ($100.00).
(Ord. 144-199, passed 12-16-99)
   (U)   Transmission tower and antenna, commercial.
      (1)   Permitted districts.  Installation of a commercial transmission tower may be permitted as a conditional use in the R-12 Zoning District.
      (2)   Dimensional requirements.  Commercial transmission towers shall comply with the dimensional requirements of the district in which it is located. In addition, the applicant shall comply with the provisions of § 157.040.
      (3)   Parking and loading.  Off-street parking and loading requirements shall comply with §§ 157.095 through 157.100 and §§ 157.130 through 157.135, respectively.
      (4)   Landscaping and buffers.  Landscaping and buffers shall be provided as required in §§ 157.080 through 157.086.
      (5)   Other requirements.  No outdoor storage is allowed with this conditional use.
   (V)   Professional services use of historic structures.
      (1)   Permitted districts.  Professional services uses may be permitted as conditional uses in historic structures in the R-4, R-5, and R-6 zoning districts.
      (2)   Permitted  properties.  Utilization of this conditional use category is additionally limited to structures which are individually listed in the National Register of Historic Places; or designated as "significant" structures within a National Register of Historic Places Historic District.
      (3)   Dimensional requirements.  The dimensional requirements for professional services uses of historic structures as conditional uses shall be the same as for residential uses within the permitted district.  However, the Board may impose additional or greater dimensional restrictions in order to maintain the historic setting of the subject property and surrounding area, and to maintain the primarily residential character of the neighborhood.
      (4)   Parking and loading.  Stated parking and loading requirements will be waived for this conditional use category and replaced with the following.  On a case by case basis, off-street parking must be provided based on the demand generated by the applicant.  All needed parking shall be provided off the street.  Parking may be provided off the subject property as per section U(3) of this zoning ordinance.  All aspects of provided parking shall be reviewed and approved by the Board with the objectives of maintaining the historic character of the subject property and surrounding area, and maintaining the primarily residential character of the neighborhood.  Loading berths will not be required; the nonresidential use proposed shall not be at such a scale to need large scale deliveries.
(Ord. 101-1986, passed 10-7-86; Am. Ord. 24-1987, passed 2-18-87; Am. Ord. 144-1990, passed 11-19-90; Am. Ord. 6-1995, passed 1-19-95)
   (W)   Communication Antenna  attachments/rooftop communication facilities.
      1.   Permitted Districts:  Installation of a commercial antenna attachment/rooftop facility may be permitted as a conditional use in the B-3 zoning district.  They shall be considered as accessory uses to existing structures and uses.
      2.    Definition:  Facilities or antennas that are located on rooftops or attached to an existing structure that contain communication equipment, transmission or reception, and are used to transmit or receive radio frequency signals utilized by commercial, governmental or other public or quasi-public organizations.  These facilities will be limited to antennas, panels, equipment cabinets and support lines.  Transmission towers are specifically prohibited from this classification.
      3.   General Standards:  The following standards shall apply:
         (a)   These facilities may be placed on rooftops and existing structures only;
         (b)   They may not extend in excess of ten feet (10') above the highest finished rooftop elevation;
         (c)   They may not extend more than three feet (3') from the facade of the building and may not encroach into required setbacks;
         (d)   They may not exceed six feet (6') in height, three feet (3') in width and one foot (1') in depth;
         (e)   Equipment cabinets may not be visible from the base of the building;
         (f)   There shall be no advertising signage placed on these facilities;
         (g)   They shall be as architecturally similar in design as possible to the exterior appearance of the structure to which they are attached;
         (h)   They shall not alter or change the intent of the structure or building design;
         (i)   These facilities shall be designed to current applicable building standards and wind load requirements; and
         (j)   All such facilities shall be reviewed and approved by the Board of Zoning Adjustment prior to the issuance of a certificate of zoning compliance form.
(Ord. 6-1999, passed 1-21-99)
   (X)   Warehousing; mini-storage.
      (1)   Permitted Districts:  Mini-storage warehouses are permitted as conditional use in the B-1 zoning district.
      (2)   Dimensional Requirements:  Mini-storage warehouses, shall comply with the dimensional requirements of the district in which the facility is located.
      (3)   Parking and Loading:  Off-street parking and loading requirements shall comply with Articles V and VI, respectively.
      (4)   Landscaping and Buffers:  Landscaping and buffer shall be provided as required in Article VI.
      (5)   Signs:  Signs shall be in compliance with Ordinance 56, 1998.
      (6)   Other requirements:  No outdoor storage is allowed with this conditional use.
   (Y)   Indoor gun range.
      (1)   Permitted districts: An indoor gun range may be permitted as a conditional use in the I-1.1-2 and B-2 zoning districts.
      (2)   Dimensional requirements: the dimensional requirements for this use shall be the same as for the zoning district in which the property is located, unless provided otherwise herein.
      (3)   Parking and Loading: Off-street parking and loading requirements shall be in compliance with Articles V and VI respectively.
      (4)   Landscaping and Buffers: Landscaping and buffers shall be provided as required by Article IV.
      (5)   Noise emanating from the use shall be governed by
         (a)   Every use and activity shall be operated so that regular recurring noises are not disturbing or unreasonably loud, and do not cause injury or detriment to surrounding properties.
         (b)   The use must comply with all provisions of the City of Ashland noise ordinance. Ord. 108, 2008.
      (6)   Lighting, if provided, shall be so designed and located as to be directed away from residential areas or shielded to protect them.
      (7)   Vehicular access to the site shall be provided from major streets and not residential local streets.
      (8)   The applicant shall provide a statement detailing the proposed activities and uses of the grounds and facilities as well as all safety and security measures as well as the disposal of waste.
      (9)   Building shall be constructed in such a fashion as to prohibit any projectile from exiting the building.
      (10)   Facility shall make use of all safety required under state and federal statutes and regulations and comply with NRA recommended codes for sight and hearing protection.
(Ord. 77-2016, passed 6-23-16; Am. Ord. 100-2017, passed 10-12-17; Am. Ord. 39-2018, passed 3-8-18)