1272.13  SUPPLEMENTAL REGULATIONS FOR CERTAIN CONDITIONAL USES.
   The following are specific conditions, standards and regulations for certain conditional uses and are in addition to the criteria and standards set forth in Sections 1272.03 through 1272.11.
   (a)   Adult Uses.  Carlisle has determined that permitting adult uses, as defined in this Section, in proximity to residential, institutional, and non-adult oriented retail uses would have a detrimental effect on such adjacent uses.  It has been demonstrated that adult uses, as defined in this Section, have been known to cause undesirable secondary effects on residential and institutional uses, particularly those where children are present, as well as adjacent non-adult use oriented retail uses.  Therefore, in order to prevent potential deterioration in Carlisle's retail areas; and to avoid potential adverse impacts on residential and institutional uses particularly those where children are present, and thereby protecting the public health, safety and welfare, adult uses, as defined in this Section, shall be conditionally permitted only in the M-1 and M-2 Industrial Districts subject to the following requirements.
      (1)   For purposes of this Zoning Code, adult uses shall include but not be limited to any of the following:
         A.   Adult Media Shop.  An establishment that rents and/or sells media and that meets any of the following three (3) tests:
            1.   More than thirty-three percent (33%) of the gross public floor area is devoted to adult media.
            2.   More than thirty-three percent (33%) of the stock-in-trade consists of adult media.
            3.   It advertises or holds itself out in any forum as "XXX", "adult", "sex" or otherwise is a sexually oriented business.
         B.   Adult Motion Picture Theater.  An enclosed motion picture theater which regularly uses or utilizes five percent (5%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this Section.
         C.   Adult Only Live Entertainment Business.  An establishment where the patron directly or indirectly is charged a fee, and where the establishment features:
            1.   Entertainment or services that constitute adult entertainment or services as defined in this Section; or
            2.   Exhibitions, dance routines, or gyrational choreography of persons totally nude, topless, bottomless, or strippers, male or female impersonators or similar entertainment or services that constitute adult entertainment or services as defined in this Section.
         D.   Sex Shop.  An establishment offering goods for sale or rent and that meets any of the following tests:
            1.   The establishment offers for sale items from any two (2) of the following categories: (a) adult media; (b) lingerie, or (c) leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; and the combination of such items constitutes more than ten percent (10%) of its stock in trade or occupies more than ten percent (10%) of its floor area.
            2.   More than five percent (5%) of its stock-in-trade consists of sexually oriented toys or novelties.
            3.   More than five percent (5%) of the total area of the building that is accessible to the public is devoted to the display of sexually oriented toys or novelties.
         E.   Sexually Oriented Business.  An inclusive term used to describe collectively: adult only live entertainment business; adult motion picture theater; video arcade; bath house; and/or sex shop.
      (2)   To further determine whether the above facilities are adult uses, the following definitions shall apply. 
         A.   Adult Media, Adult Entertainment and Adult Service.  Any media, entertainment or  service capable of creating sexual interest through sight, sound or touch, and;
            1.   Which media, entertainment or service is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination; or
            2.   Which entertainment or service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination.
         B.   Bottomless.  Less than full opaque covering of male or female genitals, pubic area or buttocks.
         C.   Nude or Nudity.  The showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than full, opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
         D.   Public Display.  The act of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk, or from the property of others, or from any portion of the premises where items and material other than adult media are on display to the public.
         E.   Sadomasochistic Practices.  Flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of another.
         F.   Sexual Activity.  Sexual conduct or sexual contact, or both.
         G.   Sexual Contact.  Any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is female, a breast, for the purpose of sexually arousing or gratifying either person.
         H.   Sexual Excitement.  The condition of the human male or female genitals, when in a state of sexual stimulation or arousal.
         I.   Sexually Oriented Toys or Novelties.  Instruments, devices, or paraphernalia either designed as representatives of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.
         J.   Topless.  The showing of a female breast with less than a full opaque covering of any portion thereof below the top of the nipple.
      (3)   Adult uses shall be located in accordance with the following distance requirements:
         A.   A minimum of 1,000 feet from the boundaries of any lot containing a church, library, public park or playground, day care center, school or any other institution where children are kept day or night;
         B.   A minimum of 1,000 feet from any residentially zoned parcel in Carlisle or any adjacent community; and
         C.   A minimum of 1,500 feet from any other adult use.
   (b)   Bed and Breakfast in association with a Permitted Dwelling shall comply with the following:
      (1)   The bed and breakfast facility shall be located on a parcel abutting, or adjacent to an arterial or collector street.
      (2)   Meals shall be provided only to guests taking lodging in the facility. 
      (3)   Guestrooms shall not contain cooking facilities.  A common lounge area may be provided for guests.   
      (4)   The building shall be compatible with surrounding land use and shall not exceed three (3) guestrooms.
      (5)   Off-street parking shall comply with Chapter 1284.
      (6)   A development plan in compliance with Chapter 1290.
   (c)   Cemeteries shall comply with the following:
      (1)   Except for office uses incidental to cemetery operation, no business or commercial uses of any kind shall be permitted on the cemetery site.
      (2)   Interior drives having a minimum width of twenty-four (24) feet shall be installed as development progresses and as indicated in the final plans by the Planning Commission.
      (3)   Sufficient pull-off areas for vehicles shall be provided throughout the cemetery so as not to hinder traffic flow.
      (4)   No gravesite, mausoleum or crematory shall be located within 100 feet of a public street right-of-way or residential property line.
      (5)   All maintenance equipment and materials shall be stored in a completely enclosed building.
      (6)   A development plan in compliance with Chapter 1290.
   (d)   Clubs, Lodges or Assembly Halls, Civic Facilities for Public Assembly shall comply with the following:
      (1)   All activities, programs and other events shall be directly related to the conditional use permit so granted, and shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.
      (2)   Outdoor activities shall be approved by the Planning Commission.
   (e)   Drive-Through Facilities shall comply with the following:
      (1)   Such facilities shall be located in an area least disruptive to pedestrian or vehicular traffic.
      (2)   Any proposed loudspeaker system shall be approved as part of the development plan.
      (3)   Drive-thru lanes shall provide at least ten (10) stacking spaces and shall not interfere with the normal flow of traffic on the site.
   (f)   Family Home for Handicapped Persons shall comply with the following:
      (1)   The persons residing in such residential home shall live as a single housekeeping unit in a single dwelling unit and maintain said home as their sole, bona fide, permanent residence.  The term "permanent residence" means:
         A.   The resident intends to live at the dwelling on a continuing basis; and,
         B.   The resident does not live at the dwelling in order to receive counseling, treatment, therapy or medical care.
      (2)   Prior to a handicapped person commencing residence in the home, either the applicant or the placement agency shall certify that the resident is handicapped as defined in 42 U.S.C. §3602(h) and that the resident can function adequately in a community residential setting.  The applicant or the placement agency shall have a continuing duty to provide such certification to the Planning Commission for each handicapped person who resides in the home after a conditional use permit is granted.
      (3)   The applicant shall demonstrate that adequate qualified supervision will exist in the home on a twenty-four (24) hour per day basis.
      (4)   In order to maintain the single-family residential character of the area in which the family home is located, the applicant is required and shall agree that upon termination of this conditional use for any reason the applicant shall restore the premises to a condition in which it is marketable as a single-family dwelling, unless ownership and/or possession of the premises is transferred to a person(s) who has obtained a similar conditional use permit for the premises.
      (5)   Signs or other means of identification as a family home for handicapped persons shall not be permitted.
      (6)   The applicant shall comply with the applicable parking regulations of the Zoning Code for the type of residential structure used by the residential home and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors.
      (7)   In considering whether to grant the conditional use permit, Planning Commission shall take into consideration the proximity and location of other such homes for handicapped persons within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use, but in no event shall a family home be closer than 600 feet from where another family home or group home for handicapped persons is located.
      (8)   Evidence shall be presented that the proposed facility meets the certification, licensing or approval requirements of the appropriate state agency. Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the home's conditional use permit.
      (9)   Conversion of an existing dwelling to a family home shall require that the dwelling be brought into conformity with all existing regulations in this Zoning Code, as well as all other applicable Carlisle Ordinances.
   (g)   Group Homes for Handicapped Persons shall comply with the following:
      (1)   Evidence shall be presented that the proposed facility meets the certification, licensing, or approval requirements of the appropriate state agency.  Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the home's conditional use permit.
      (2)   The applicant shall comply with the applicable parking regulations of this Zoning Code for the type of residential structure used by the residential home and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors.
      (3)   In considering whether to grant the conditional use permit, the Planning Commission shall take into consideration the proximity and location of other such homes for handicapped persons within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use, but in no event shall a group home be closer than 600 feet from where a family home or group home for handicapped persons is located.
      (4)   The architectural design and site layout of a group home and the height of any walls, screens, or fences connected with any said group home shall be compatible with adjoining land uses and the residential character of the neighborhood. 
   (h)   Hospitals shall comply with the following:
      (1)   Such use shall be located on an arterial or collector street.
      (2)   Outdoor storage of ambulances and other vehicles used in the operation of the principal use may be permitted provided such storage areas shall be located in the side or rear yard in off-street parking areas.
      (3)   A development plan in compliance with Chapter 1290.
   (i)   Manufacturing of Products from Raw Materials shall comply with the following:
      (1)   The outdoor storage shall comply with the building setback requirements.
      (2)   The outdoor storage of any raw materials shall be enclosed by a solid wall or fence, including solid gates, having a minimum height of eight (8) feet, which shall be maintained at all times.
      (3)   The heights of silos used in connection with a manufacturing process of raw materials shall be determined by the Planning Commission in consultation with the Carlisle Engineer and municipal Planner. A structural engineer shall also be consulted to determine if the structures are sound and designed to collapse on themselves rather than falling on adjacent properties.
      (4)   All fences or walls required in this section shall be constructed of uniform materials painted or otherwise preserved, and approved by the Commission. Additional fences, walls or shrubs may be required by the Commission, if necessary, to adequately screen the materials from adjoining districts or public streets.
   (j)   Mini/Self Storage Facility shall comply with the following:
      (1)   The leases for all self-storage units shall include clauses prohibiting:
         A.   The storage of flammable liquids, radioactive, highly combustible or explosive materials or hazardous materials.
         B.   The storage of live animals.
         C.   The storage of the dead, including humans and animals.
      (2)   The Carlisle Fire Department forces shall be provided with twenty-four (24) hour accessibility to the grounds.  A lockbox shall be provided for its use.
      (3)   The maximum size of individual storage compartments shall be 500 square feet. 
      (4)   Such uses should be located on an arterial street. 
   (k)   Off-Street Parking as a Principal Use on Lot.  In any Residential District, parking lots or garages constructed as the principal use on a lot that is contiguous to and within 150 feet of a Commercial or Industrial District when the parking spaces are accessory to a use located within that nonresidential district shall comply with the following:
      (1)   For the purposes of this section, contiguous includes a parcel directly across a public right-of-way.  The start of the 150 foot distance shall be measured from the side of the public-right-of-way on such contiguous lot.
      (2)   An approved parking area shall be used solely for the parking of the passenger automobiles of the employees and customers of the use to which it is accessory.
      (3)   The off-street parking lot or garage shall not be located closer to the street than the setback of the existing dwelling on the adjacent lot, or the setback required for the district in which the lot or garage is located, whichever is greater.
      (4)   Such off-street parking garages shall be of a design, scale, and mass to complement the adjacent residential buildings.
      (5)   Off-street parking lots shall be designed in accordance with Chapter 1284 and are subject to development plan review pursuant to Chapter 1290.
   (l)   Public Parks and/or Playgrounds; Golf Courses; Swimming Pools, Athletic Fields Associated with a School, College or University, and Outdoor Commercial Recreation shall comply with the following:
      (1)   The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises.  In order to minimize any effects of the above, the Planning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District.
      (2)   The Planning Commission may require active recreation areas to be enclosed by a fence having a minimum height of six (6) feet.
      (3)   Rifle ranges, skeet shooting ranges, pistol ranges and other uses involving the use of firearms including high powered air rifles; paint ball activities, motor-cross and/or go-cart tracks/racing; amusement parks; outdoor/drive-in movie theatre and all other concentrated outdoor commercial recreation uses shall not be permitted.
      (4)   Outdoor commercial recreation shall be permitted only when it is specifically listed as a conditional use in the schedule of permitted uses in the district in which it is proposed.
      (5)   Delivery trucks shall not be used as refreshment stands, souvenir stands, and/or concession stands.
      (6)   Only retail uses that are customarily accessory and incidental to the main recreational use shall be permitted as part of the recreational area.  Included as such retail uses are refreshment stands, souvenir stands, concession stands, and an office.
      (7)   All activities, programs and other events shall be directly related to the conditional use permit so granted, and shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.
      (8)   An adequate number of public restrooms for both men and women shall be provided and maintained.
      (9)   Vehicular approaches to the property shall be designed so as not to create an interference with traffic on surrounding public streets or roads.
      (10)   Commercial recreation establishments shall not be permitted in residential districts unless specifically permitted otherwise.
      (11)   In a residential district, no retail uses such as a snack bar, shall be permitted as an accessory use to a public park and/or recreation facility.
      (12)   Swimming pools shall comply with the following additional requirements:
         A.   Pools shall be adequately fenced to prohibit unauthorized access to the facility.
         B.   Pools and their enclosures shall comply with the building setback requirements set forth in this Code.
         C.   Pool enclosures shall be kept locked at all times the pool is not in use.
         D.   The Planning Commission may limit the maximum lot coverage of related buildings and lounging/deck areas.
      (13)   Golf courses, including tees, fairways, greens and golf driving ranges shall be designed and landscaped in such a manner as to reasonably prevent a misfired ball from landing out of the golf course.
   (m)   Outdoor Dining shall comply with the following:
      (1)   The facility shall be used in conjunction with, and is under the same management and exclusive control of, a restaurant located on the same or contiguous property.
      (2)   The outside seating capacity shall not exceed twenty-five percent (25%) of the restaurant seating capacity.
      (3)   The facility shall not interfere with the public right-of-way.  The Planning Commission shall determine to what extent, if any, such use may encroach upon the public right-of-way.
      (4)   Noise shall be adequately controlled to ensure that patrons do not create a nuisance.
   (n)   Outdoor Display of Merchandise for Sale shall comply with the following:
      (1)   All displays shall meet the principal building setbacks established for the district in which the principal use is located.
      (2)   Displays shall not be located in areas intended for traffic circulation according to a development plan.
   (o)   Places Of Worship, Schools, and Accredited Colleges and Universities shall comply with the following:
      (1)   Such uses should be located on an arterial or collector street or have direct access to an arterial or collector street without going through a residential neighborhood to lessen the impact on the residential area.
      (2)   The Planning Commission may require outdoor activity areas to be enclosed by a fence or wall having a height of at least six (6) feet and an entry gate that can be securely fastened.
      (3)   Places of worship may be erected to a height not to exceed forty feet (40) if the building is set back from each lot line one (1) foot for each foot of additional building height in excess of the district limitation.
      (4)   Associated uses such as a convent, faculty residence, cafeteria, or infirmary shall be located on the same lot as a place of worship, school, college or university and shall comply with the building setback requirements set forth in this Chapter.
      (5)   Athletic facilities shall also comply with the supplemental regulations set forth in Section 1272.13(l).
   (p)   Residential Care Facility shall comply with the following:
      (1)   A residential  care facility may include, but is not limited to, one or more of the following types of residential facilities:
         A.   Congregate living; which for the purposes of this Section shall be residential accommodations for which congregate dining, recreation, and/or other social and community facilities are provided as integral part of the design and expected to be utilized by the occupants on a regular basis.
         B.   Assisted living, which for the purposes of this Section shall be residential accommodations designed for and intended to be occupied by individuals who require supervision, assistance and health care services or who are otherwise dependent on the services of others by reason of age or physical or mental impairment.
         C.   Nursing home;
         D.   Hospice facility.
      (2)   Such uses shall be located on an arterial or collector street or have direct access to an arterial or collector street without going through a residential neighborhood to lessen the impact on the residential area.
      (3)   The development plan shall indicate the parking and emergency entrances or exits and other safety precautions.
      (4)   Evidence shall be presented that the proposed facility meets the certification, licensing or approval requirements of the appropriate state agency.  Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the facility's conditional use permit.
      (5)   In considering whether to grant the conditional use permit, the Planning Commission shall take into consideration the intensity of the use and building coverage compared to the surrounding uses and the uses permitted in the district so as not to change the character of the area or otherwise adversely impact upon a given area with such use.
   (q)   Residential Units Accessory to a Commercial Use shall comply with the following:
      (1)   In any commercial district, accessory residential units should be located on the second floor of retail buildings.
      (2)   Any accessory residential use located on the first floor of a commercially used building shall not occupy more than fifty percent (50%) of the first floor area of the building and shall be located within the building so as not to interfere with the principal use of the building.
      (3)   Parking spaces for the accessory residential use shall be clearly marked and shall be in addition to and separate from the parking spaces required for the principal use.
   (r)   Studios for Instruction shall comply with the following: 
      (1)   All activities shall take place in a fully enclosed sound-resistant building, with closed windows and double-door entrances that provide a sound lock.
      (2)   Such establishment offering non-academic instruction should be located so as to minimize the amount of space inactive during normal business hours that is located in the middle of a retail setting. Studios are encouraged to have associated retail uses located in the first floor space nearest the street in order to contribute to the retail environment of the district.
   (s)   Truck or Transfer Terminal, Motor Freight Garage shall comply with the following:
      (1)   Truck or transfer terminals shall be conditionally permitted in the Industrial Districts only upon compliance with the following provisions of this section and conditions deemed by the Commission to be necessary for the promotion of the public health, safety, morals and general welfare, and the approval by the Commission of a development plan of the proposed development:
         A.   Every portion of the property used for buildings shall be located no closer than 100 feet to any residential district; at least fifty (50) feet (nearest the residential zone) of the 100 feet shall be landscaped in an orderly fashion and a solid board fence, masonry wall or other type of fence approved by the Commission shall be constructed along the interior line of the required landscaped area to a height of at least six (6) feet, effectively screening truck loading, unloading and maneuvering activities from the view of any abutting residential district.
         B.   Access for motor freight vehicles shall be by way of streets of adequate width and construction.
         C.   In addition to adequate area within the site for docking, manipulation and maneuvering of motor freight vehicles waiting to be loaded or unloaded, additional space shall be provided at the rate of parking space sufficient to park a motor freight vehicle for every four (4) loading docks.
         D.   The site shall be designed in such a manner as to permit foreword movement of all vehicles both upon entering and upon leaving the site.
         E.   The number, location and width of entrances to and exits from the site shall be determined by the Commission, which may obtain expert opinion on the specific site proposal.
   (t)   Veterinary Hospitals with Associated Cages, Runs and Kennels shall comply with the following:
      (1)   Outdoor areas devoted to kennel operations shall be located in the rear yard and shall comply with the building setback requirements set forth in Schedule 1272.09.
      (2)   Odor and noise shall be adequately controlled to ensure that animals do not create a nuisance.
         (Ord. 8-13. Passed 5-14-13.)