An application for a conditional use permit shall be approved only if the Planning Commission and Council find that the conditional use complies with the following conditions and standards; however, no grant of variance from the provisions of this Zoning Code may be granted in order to permit a conditional use.
(a) General Conditions.
(1) The proposed use would be properly located in relation to the adopted land use and Master Thoroughfare Plan, particularly in proper relation to the secondary and local streets;
(2) The proposed use is necessary to serve the surrounding residential areas, which areas cannot be satisfactorily served if the same use is located in a nearby less restrictive district where it may be permitted by right;
(3) The proposed use would generate only a minimum of additional traffic within the residential neighborhood if located along a local street;
(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; and
(5) The proposed developments conform in all respects to all yard area, setback, off-street parking and other applicable requirements as set forth in the Zoning Code.
(b) S or R Districts. In addition to the conditions and standards imposed by subsection (a) hereof, the following specific requirements shall be observed in the case of the following uses:
(1) Recreation facilities.
A. Access shall be available only from principal or collector streets.
B. Pedestrian access ways serving adjacent neighborhoods shall be constructed so as to provide a year-round dustless surface.
C. Pedestrian access rights-of-way shall be a minimum of twenty feet in width where the density of population is six families per acre or more, that seven feet of this width shall contain the pavement, while the remainder shall be planted and landscaped with evergreen planting. The right-of-way shall also be fenced with cyclone fencing, then landscaped.
D. The use, when located adjacent to a residential development, shall not have outdoor music, or like activities creating noise which can be heard beyond the immediate confines of the area on which the use is to be located.
E. The principal facility shall not be located closer than 100 feet to the boundary of any residential lot.
F. All structures intended to be used for year-round use shall be above recorded flood stages.
G. Where the area abuts a residential property, no lighting may be located within 300 feet of the property and all lighting permitted shall be directed to the location of principal activity, in a manner that will not create any glare or reflection which shines directly on a residential property.
(2) Public service facilities.
A. A demonstrated need is present for the installation of such a facility.
B. A private drive with a year-round surface shall be provided to the facility if it does not have frontage on a public street.
C. That all structures be made to harmonize with surrounding development.
(3) Removal of topsoil and quarrying.
A. The Commission and Council shall review the request in view of the provisions of Chapter 1157.
(4) Cemeteries.
A. The proposed area shall be not less than fifty acres.
B. If the area of the cemetery abuts developed residential areas, there shall be public water available to this residential area before any burial may take place.
C. Ingress and egress be provided to principal arteries only.
D. In urban areas with a density of four or more families per acre, areas being considered for a conditional use as a cemetery must be adjacent to an existing cemetery and must constitute an extension of the already existing cemetery.
(5) Tourist homes.
A. Tourist homes shall be converted dwellings only, no new principal structures shall be erected for that purpose.
B. They shall be located on State or Federal marked routes.
C. They shall not have ingress or egress to residential streets.
(6) Home professional services and home occupations.
A. They shall be located on major arteries or principal streets.
B. No ingress or egress be permitted into residential areas.
C. All machinery involved shall be powered by electric motors only.
D. The horsepower rating of these motors shall not exceed three-fourths horsepower.
E. The occupation shall take place completely within the principal building only. Out buildings or accessory structures shall not be used for this purpose.
F. No exterior alterations shall be permitted in order to accommodate any home occupation.
G. The process shall not involve any operation which shall create noise or other electric or mechanical disturbance which can be heard, felt or recognized outside the premises in which the use is housed, and shall not be conducted between the hours of 10:00 p.m. and 8:00 a.m.
H. No more than twenty-five percent (25%) of the structure may be used for home profession or occupancy.
I. Only members of the immediate family may carry on home profession or occupation.
(c) B or M Districts. In addition to the conditions and standards imposed by subsection (a) hereof, the following specific requirements shall be observed in the case of the following uses:
(1) Public service facilities.
A. A demonstrated need is present for the installation of such a facility.
B. A private drive with a year-round surface shall be provided to the facility if it does not have frontage on a public street.
C. Suitable screening shall be provided which will minimize any detrimental effects caused by equipment located therein.
D. All structures shall be made to harmonize with surrounding development.
(2) Recreational facilities.
A. Access shall be available only from principal or collector streets.
B. Pedestrian access ways serving adjacent neighborhoods shall be constructed so as to provide a year-round dustless surface.
C. Pedestrian access right-of-way shall be a minimum of twenty feet in width where the density of population is six families per acre or more, that seven feet of this width shall contain pavement, while the remainder shall be planted and landscaped with evergreen planting. The right-of-way shall also be fenced with cyclone fencing.
D. The use when located adjacent to a residential development shall not have outdoor music, or like activities creating noise which can be heard beyond the immediate confines of the area on which the use is to be located.
E. The principal facility shall not be located closer than fifty feet to the boundary of any residential lot.
F. All structures intended to be used for year-round use shall be above recorded flood stages.
G. Where the area abuts a residential property, no lighting may be located within 300 feet of the property and all lighting permitted shall be directed to the location of principal activity, in a manner that will not create any glare or reflection which shines directly on a residential property.
(3) Tourist homes.
A. Tourist homes shall be converted dwellings only; no new structures shall be erected for that purpose;
B. They shall be located on State or Federal marked routes; and
C. They shall not have ingress or egress to residential streets.
(4) Mortuaries and funeral homes. Mortuaries and funeral homes may be conditionally permitted in B-1 and B-3 Districts provided the development plan submitted by the applicant pursuant to Section 1161.11 shall provide for, in addition to the requirements of Section 1161.11 the separation of incoming and outgoing vehicles during high volume periods and shall provide a safe drop-off point for visitors that will not impede other traffic.
(5) Veterinary Hospitals. Veterinary hospitals may be conditionally permitted in a B-1 District provided such use is located in a building having adequate soundproofing and odor control. The boarding of animals shall be restricted to allow overnight lodging only as necessary for animals receiving medical attention.
(6) Drive-Thru Facilities. Drive-thru facilities may be conditionally permitted in B-1 or B-3 Districts in association with a permitted use as set forth in Section 1147.02 and shall be regulated according to the following:
A. Such facility should be located so as to cause the least disruption to pedestrians who might be shopping at several other retail stores on the site or in the vicinity;
B. The location of access drives shall be evaluated according to Section 1155.09;
C. The minimum number of off-street waiting spaces shall be in compliance with Section 1155.07;
D. The Planning Commission may impose restrictions on the hours of operation to assure that the business operates in a manner similar to the prevailing characteristics of other businesses in the vicinity.
(7) Establishments serving alcoholic beverages for consumption on the premises. Such use shall be conducted totally within an enclosed building which shall be at least 100 feet from any residential district, and shall be at least 500 feet from any place of worship or school.
(8) Gasoline stations. In B-1 and B-3 Districts, a gasoline station may be conditionally permitted in compliance with the following:
A. Such use should be located so as to cause the least disruption to pedestrian traffic;
B. Gasoline stations located on a corner lot shall have not less than 150 feet of frontage on each of the two intersecting streets.
C. Fuel pumps may be erected in a front yard but not less than thirty feet from the street right-of-way; pavement in association with a gasoline pump shall be located no less than twenty feet from the street right-of-way. The resulting open space shall be landscaped and maintained in satisfactory condition and, except for entrance and exit drives and permitted signs, shall not be used for any other purpose;
D. A canopy may be constructed over a pump island provided the canopy shall be no closer than fifteen feet to the right-of-way;
E. The only services permitted to be performed on a vehicle shall be limited to the dispensing of fuel, oil, air and windshield wiper fluid, and other similar minor activities.
F. The location, display or storage of rental trailers, automobiles, trucks or other rental equipment on the premises is not permitted unless in full compliance with the standards for such uses;
G. A gasoline station may be combined with a car wash or auto service garage provided that such dual use is in compliance with the regulations established for each use.
(9) Service garages, car washes. In a B-1 District, a service station or car wash may be conditionally permitted in compliance with the following:
A. All activities shall take place inside the building;
B. An auto service garage or car wash may be combined with a gasoline station provided the regulations for each use are maintained;
C. If adjacent to any residential district, the hours of operation shall be between 7:00 a.m. and 10:00 p.m.;
D. Lighting that creates a glare on any street or on any adjacent residential property shall not be permitted;
E. The sale or rental of recreation vehicles or utility trailers shall be prohibited.
(10) Recreational vehicles, truck and boat sales and rental. In the B-2 District, sales and/or rental of recreational vehicles, trucks and boats may be conditionally permitted in compliance with the following:
A. Storage of vehicles on the lot shall meet all yard requirements of the main use;
B. All work on vehicles, including but not limited to cleaning, servicing and repair, shall be done only inside a suitable service building;
C. Such use may be operated in conjunction with another automotive use enumerated in Section 1147.02 provided such dual use shall meet the standards set forth for each use.
(11) Outdoor storage. Goods, supplies and equipment which are used or to be sold on the premises may be stored outdoors in a B-2 District to the extent appropriate, in compliance with the following:
A. All storage areas shall meet all yard requirements of the main use;
B. Storage of any materials out of doors shall be effectively screened from any observer's view at grade level on an adjoining road or lot by a vision obscuring fence or plant material as specified in Section 1147.05;
C. Such storage shall be located to permit the free access of fire fighting equipment around the building at all times;
D. Conditional use approval may specify the materials that are permitted to be stored, restrictions on the location on the site of such outdoor storage and any height limitations.
(Ord. 1996-026. Passed 2-12-96.)