An application for a conditional use permit shall not be approved unless the Board of Zoning Appeals finds that it complies with the following conditions and standards.
(a) To be approved in a residential district, it shall be found that:
(1) The proposed use would be properly located in relation to any adopted land use and street plan, particularly in proper relation to the secondary and local street and pedestrian circulation pattern;
(2) The proposed use would generate an amount of traffic through a residential neighborhood which would not constitute a danger or nuisance to the residents if located along a local street;
(3) The proposed use is necessary to serve the surrounding residential areas, which neighborhood cannot be served satisfactorily if the same use is located in a nearby less restrictive district where it may be permitted by right; and
(4) The location, design and operation of such use would not discourage or interfere with the appropriate development or impair the value of the surrounding residential district.
(b) To be approved in a business, industrial or S-1 special district, it shall be found that:
(1) The proposed use is necessary to serve community needs, and existing similar facilities located in a less restrictive or more remote district in which the use may be permitted by right is inadequate;
(2) The proposed use would not be closer than that which would constitute a danger or nuisance to schools, churches and other places of assembly;
(3) The location, size, intensity and layout of the proposed use and operation would conform to the noise, smoke, dust, odors, fumes, vibrations and/or glare performance standards of the districts;
(4) The proposed use will form a harmonious part of the business or industrial district, considering such features as convenience of access and relationship of one use to another;
(5) Because of its limited size, modern processes or equipment the performance of the proposed use is such that it should properly be permitted in a less restrictive district than the district in which it is permitted by right;
(Ord. 914. Passed 11-8-66; Ord. 1905-97. Passed 6-23-97.)
(6) The hours of operation of the proposed use are similar to a use permitted in the district and that the proposed use will not generate more traffic than may be safely accommodated in the area;
(7) That the Village’s public utilities and streets shall be capable of accommodating such proposed use within current or reasonably anticipated capacities and shall not be adversely affected by such proposed use. The Zoning Board of Appeals shall seek input from the appropriate Village governmental bodies regarding such utilities and/or streets;
(8) The proposed use has obtained any necessary licenses, permits or other similar required approvals for operation from all necessary governmental bodies. (Ord. 1794-94. Passed 2-21-94.)
(c) To be approved in any residential zoning district, the proposed conditional use shall conform to the most restrictive height, lot area, front yard (minimum depth), side yard, rear yard (minimum depth), lot frontage, and, if applicable, minimum lot area per family, and minimum residential floor area per family requirements, all as set forth in Section 1139.02 of the Planning and Zoning Code.
To be approved in any business or industrial district, or special use district, a proposed conditional use shall conform to all height, front yard (minimum depth), side yard, rear yard (minimum depth), maximum percentage of lot coverage, the minimum district area, minimum lot area, and minimum lot coverage requirements as set forth in Sections 1139.03 and 1139.04, respectively, of the Planning and Zoning Code.
(d) For any category of height, lot area, or floor area requirements set forth in either Section 1139.02 or 1139.03 of this Zoning Code, where a particular minimum requirement of any such categories would not apply to the proposed conditional use (e.g., minimum lot area per family for a proposed conditional use which would not involve a family or families, as defined in this Code), the Board is empowered to establish reasonable minimum requirements for such proposed conditional use based upon:
(1) The existing comparable Regulations for the applicable zoning district as set forth in Chapter 1139.
(2) The character of the surrounding neighborhood and prevalent standards therein.
(3) The nature of the proposed use and the severity of the impact of such minimum requirements upon such proposed use.
(Ord. 1657-91. Passed 2-18-91.)
(e) In addition to the provisions of subsection (b) hereof, Computerized Internet Sweepstakes Café shall be subject to the following additional conditions:
(1) The Board shall consider the impact that the use will have on the adjacent properties, such as lighting, noise, signs, traffic and parking.
(2) All activities associated with the use shall be conducted in an enclosed building.
(3) The area of the premises upon which the Computerized Internet Sweepstakes Café is operated shall comply with the Codified Ordinances of the Village of Burton's regulations of computerized internet sweepstakes cafes.
(4) All computerized sweepstakes devices on the premises shall be identified in the application by manufacturer and serial number and listed in the approved zoning certificate.
(5) A. The premises shall be located more than 250 feet from a church, a public or private school, public park or playground, child care center or neighborhood center. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure where a computerized internet sweepstakes café is conducted to the nearest property line of the premises of a church, a public or private school, social services facility or neighborhood center, or to the nearest boundary of a public park or playground.
B. The use shall be located more than 300 feet from the closest boundary of a residential district within the Village, the lot line of a residential use or any structure that contains a residence, or the closest boundary of a residential district or use in a political subdivision abutting the Village. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure where a computerized internet sweepstakes café is conducted to the nearest property line of a residential use or lot which contains a residence, or to the nearest boundary of a residential district.
C. The propose use shall be located more than 1,000 feet from another licensed computerized internet sweepstakes café. The distance shall be measured in a straight line, without regard to intervening structures or objects, from the closest external wall of the building or structure iin which each computerized internet sweepstakes café is located.
(Ord. 2231-11. Passed 12-12-11.)