(A) Scope. This section provides a set of procedures and standards for conditional uses of land or structures which, because of their unique characteristics, require special consideration in relation to the welfare of adjacent properties and the community as a whole. The regulations and standards, herein, are designed to allow, on one hand, practical latitude for the applicant, but at the same time maintain adequate provision for the protection of the health, safety, convenience, and general welfare of the Boone County Community. For purposes of this section, all conditional land uses within the various districts are subject to the conditions and standards of this chapter.
(B) Application and review procedures.
(1) An application shall be submitted through the Area Plan Commission office, accompanied by:
(a) The payment of a fee as established by the legislative body;
(b) A completed application form, as provided by the APC; and
(c) A complete site plan in ten copies.
(2) Applications for special exception/development plan "SD" land use shall be submitted at least 30 days prior to the next Area Plan Commission meeting at which the application is to be considered.
(3) The completed application, along with the required site plan, shall be forwarded to the Area Plan Commission at its next scheduled meeting.
(4) Any of the listed conditional uses shall require special exception by the Board of Zoning Appeals after a public hearing. Upon approval of the BZA, the Area Plan Commission (APC) shall hold a public hearing on the application, providing notice of such hearing is in accordance with the Indiana Law. The Area Plan Commission shall then review the application and such other information available to it through the public hearing or from any other sources, including recommendations or reports from the APC staff, engineer, or other party, and shall approve, approve with conditions, or deny the request, and incorporate the basis for the decision and any conditions which should be imposed.
(5) No petition for special exception/development plan "SD" approval, which has been disapproved, shall be resubmitted for a period of one year from the date of disapproval, except as may be permitted after learning of new and significant facts or conditions which might reasonably result in favorable action upon resubmittal.
(6) A special exception approved pursuant to this section shall be valid for two years from the date of approval. Each development shall be under construction within two years after the date of approval of the special exception, except as noted below.
(a) The Area Plan Commission may grant one six-month extension of such time period, provided the applicant requests the extension prior to the date of the expiration of the conditional land use approval.
(C) Standards for granting special exception/development plan approval. Approval of a special exception/development plan "SD" proposal shall be based on the determination that the proposed use will be consistent with the conditional use standards of this chapter. The "SD" application will comply with all standards of this chapter.
(1) Primary standards.
(a) The conditional land use shall comply with the provisions of this chapter.
(b) Compliance with the standards in this section.
(2) Additional standards.
(a) Protection of the public health, safety, and general welfare. The establishment and maintenance of the conditional use shall not be detrimental to the public health, safety, or general welfare.
(b) Compatibility with surrounding uses. The proposed development shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district and adjacent districts. In determining whether this requirement has been met, consideration shall be given to:
1. The location and screening of vehicular circulation and parking areas in relation to surrounding development.
2. The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development.
3. The hours of operation of the proposed use. Approval of a conditional land use may be conditioned upon operation within specified hours considered appropriate to ensure minimal impact on surrounding uses.
4. The bulk, placement, and materials of construction of the proposed use in relation to surrounding uses. Any proposed building shall be compatible with the predominant type of building in the particular district in terms of size, character, location or proposed use.
5. Proposed landscaping and other site amenities. Additional landscaping over and above the requirements of this chapter may be required as a condition of approval of a conditional land use.
6. Hours of operation shall be compatible with the surrounding neighborhood.
(3) Detrimental effects. The proposed conditional land use shall not involve any activities, processes, materials, equipment, or conditions of operation, and shall not be located or designed so as to be detrimental or hazardous to persons or property or to public health, safety, and welfare. In determining whether this requirement has been met, consideration shall be given to the level of traffic, noise, vibration, smoke, fumes, odors, dust, glare, and light.
(4) Impact of traffic. The location of the proposed conditional land use within the zoning district shall minimize the impact of the traffic generated by the proposed use. In determining whether this requirement has been met, consideration shall be given to the following:
(a) Proximity and access to major thoroughfares and other public streets.
(b) Estimated traffic generation by the proposed use.
(c) Proximity and relation to intersections.
(d) Adequacy of driver sight distances.
(e) Location of and access to off-street parking.
(f) Required vehicular turning movements.
(g) Provisions for pedestrian traffic.
(5) Adequacy of public services. The proposed conditional land use shall be located so as to be adequately served by essential public facilities and services, such as highways, streets, police and fire protection, drainage systems, water and sewage facilities, and schools, unless the proposal contains an acceptable plan for providing necessary services or evidence that such services will be available by the time the conditional land use is established.
(6) Protection of site characteristics. The conditional use shall preserve and incorporate the site's important architectural, natural and scenic features into the development design. The conditional land use shall be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance, with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed.
(7) Compatibility with natural environment. The proposed conditional land use shall be compatible with the natural environment and conserve natural resources and energy, and cause minimal adverse environmental effects. The conditional land use shall not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to any persons or property in the vicinity, or the general welfare, by reason of excessive effects of traffic, noise, smoke, fumes, glare, or odors or other effects determined relevant by the Area Plan Commission.
(8) Compatibility with the Master Plan and intent of zoning ordinance. The proposed conditional land use shall be consistent with the general principles and objectives of the Boone County Comprehensive Plan and shall promote the intent and purpose of this chapter and of the use district.
(D) Conditional use requirements per individual land use.
(1) Animal day care/kennel operation.
(a) Kennel, small/animal day care. Where the subject property is located in the Agricultural District, the outer most edge of the facility, including the parking lot and runs, must be at least 500 feet from the property line. Where the subject property is located in an Industrial or Commercial District, the outer most edge of the facility, including the parking lot and runs, must be at least 500 feet from the nearest Agricultural or Residential Zoning District boundary.
(b) Kennel, large/animal day care. Where the subject property is located in an Agricultural District, the outer most edge of the facility, including the parking lot and runs, must be at least 1,000 feet from the property line. Where the subject property is located in an Industrial or Commercial District, the outer most edge of the facility, including the parking lot and runs must be at least 1,000 feet from the nearest Agricultural or Residential Zoning District boundary.
(c) Kennel, unlimited. Where the subject property is located in an Agricultural District, the outer most edge of the facility, including the parking lot and runs, must be at least 1,500 feet from the property line. Where the subject property is located in an Industrial or Commercial District, the outer most edge of the facility, including the parking lot and runs, must be at least 1,500 feet from the nearest Agricultural or Residential Zoning District boundary.
(d) Principal use. All principal use activities, other than outdoor dog runs or exercise areas, shall be conducted within a totally enclosed building.
(e) Dumpsters. Any dumpsters used by a kennel/animal day care shall be enclosed on four sides with an opaque fence equipped with a lockable gate and shall not be visible from lot lines. Any disposal of bio-hazardous waste shall be in conformance with state and local requirements.
(f) Noise. Any activities shall not generate a noise level of greater than 60 decibels for more than four hours in any 24-hour period at any property line.
(2) Automotive car wash; either self-serve or automatic.
(a) All washing activities must be carried on within a building.
(b) Vacuuming activities may not be conducted in any required yard.
(c) Sufficient space shall be provided to accommodate all vehicle queuing on the property, so no vehicles are required to wait on an adjoining street to enter the site.
(3) Commercial anhydrous ammonia or similar liquefied fertilizer storage distribution.
(a) Minimum separation standards from existing residential use:
Nominal Capacity of Tank Litres (Gallons) | Min. Distance From Tank to Residential Buildings (Feet) |
500 to 2,000 gallons | 250 feet |
2,000 to 20,000 gallons | 500 feet |
20,000 to 30,000 gallons | 750 feet |
30,000 to 100,000 gallons | 1,000 feet |
Over 100,000 gallons | 1,250 feet |
(4) Bed and breakfast establishments.
(a) The establishment shall be inspected and comply with all the applicable regulations of the Boone County Health Department.
(b) The establishment shall be located on property with direct access to a paved public road.
(c) Such uses shall only be established in a detached single-family dwelling.
(d) The lot on which the establishment is located shall meet the minimum lot size requirements of the zone district.
(e) The total number of guest rooms in the establishment shall not exceed seven, plus one additional guest room for each 10,000 square feet or fraction thereof by which the lot area of the use exceeds one acre, not to exceed a total of ten guest rooms.
(f) Exterior refuse storage facilities beyond what might normally be expected for a detached single family dwelling shall be screened from view on all sides by a six-foot solid, decorative fence or wall.
(g) Accessory retail or service uses to a bed-and-breakfast establishment shall be prohibited, including but not limited to gift shops, antique shops, restaurants, bakeries, and other similar uses.
(h) Meals may be served only to the operator's family, employees, and overnight guests.
(5) Day care centers. Each child day-care center shall comply with the following requirements.
(a) Outdoor play space. A child day-care center shall provide an outdoor play space as follows:
1. Minimum size. The total area of the outdoor play space shall be a minimum of 75 square feet per child.
2. Location on site. No outdoor play space shall be within 25 feet of a residential structure on an butting lot.
3. Screening fence. A wall or fence shall surround the outdoor play area. The minimum height of the wall or fence shall be equivalent to the maximum height of a wall or fence in the zoning district in which the site is located or six feet, whichever is less. If a fence with perforations through more than 50% of the surface area is provided, vertical landscaping shall be provided to screen the outdoor play area from adjacent properties.
(b) Parking. Parking shall not be located in an existing front or corner side setback unless located on a driveway leading to a covered parking space.
(c) Loading area. The location and design of passenger loading and unloading areas shall be reviewed and approved by Area Plan Commission staff.
(f) Hours of operation.
1. The allowable hours of operation in residential zoning districts shall be established by the conditional use permit required for the use.
2. Outdoor activities may only be conducted between the hours of 7:00 a.m. and 7:00 p.m. in residential zoning districts and 6:00 a.m. and 7:00 p.m. in non-residential zoning districts.
(6) Convenience stores.
(a) Public access to the site shall be located at least 100 feet from any public or private street intersection and not less than 50 feet from the nearest part of any other driveway, as measured from the nearest right-of-way line to the nearest edge of said access.
(b) Any principal building shall be generally compatible, with respect to materials and color, with the surrounding neighborhood.
(c) The parking and maneuvering areas of the site shall be fenced and screened from the view of any abutting Residential District or use by a decorative fence or wall, or a landscaped equivalent.
(d) No mechanical rooms or loading area shall be located nearer than 50 feet to any Residential District or use property line.
(7) Drive-in restaurant/fast food restaurant.
(a) Location requirements for restaurants with drive-through service. A fast food restaurant with drive-through service shall not be closer than 500 feet from the following uses: a park and recreation facility; a public or private school; any residential use or any another fast food restaurant with drive-through service. The distance requirement shall be measured from site-to-site.
(b) Additional application materials. In addition to the standard application requirements for a conditional use permit, an applicant for a restaurant with a drive-through business shall submit a litter clean-up plan, a parking and circulation plan, and a site plan that includes: driveway locations, placement of audible equipment (if this type of equipment will be used), landscaping, light standards, sign locations, and trash enclosures. A litter clean-up plan shall address litter clean-up on-site and off-site and shall include, but not be limited to, a litter pick-up schedule and a map of the clean-up area.
(c) Findings required for approval. The approval of a drive-through business shall require that the BZA first make all of the following findings, in addition to those required for a conditional use permit.
(d) Driveway cuts. The design and construction of the drive-through facilities shall minimize the number of driveway cuts.
(e) Stacking. Sufficient stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way with a minimum of ten stacking spaces. Stacking spaces shall be located so as not to interfere with vehicular circulation and egress from the property by vehicles not using the drive-through facility.
(f) Parking. In addition to parking space requirements, at least three parking or waiting spaces shall be provided, in close proximity to the exit of the drive-through portion of the operation, to allow for customers waiting for delivery of orders.
(g) Paved areas. Any paved area shall have minimum side and rear yard setback of 20 feet.
(h) Viewshed. The parking and maneuvering areas of the site shall be fenced and screened from the view of any abutting Residential District or use by a decorative fence or wall, or a landscaped equivalent.
(i) Noise. Outdoor speakers for the drive through facility shall be located in a way that minimizes sound transmission toward neighboring property and uses.
(8) Liquor store. Standards for all sales operations. Proposed on- and off-site alcoholic beverage sales operations shall be designed, constructed, and operated to:
(a) Avoid contributing to an undue proliferation of alcoholic beverage sales businesses in an area where additional ones would be undesirable, with enhanced consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity;
(b) Avoid any adverse impact on adjacent or nearby parks (e.g., public parks or recreation centers), playgrounds (e.g., public or parochial), religious facilities, or schools (e.g., public, parochial, or private elementary, junior high, or high schools) and residential uses or districts by adhering to the minimum of 1,000 foot setback which is measured site to site.
(Am. Ord. 2012-02, passed 3-5-2012)