(A) Second dwelling unit. The following standards must be met without variance before the Board may grant a conditional use permit for a second dwelling unit.
(1) The unit shall have an approved water supply and approved sewage disposal system.
(2) Construction of the unit must be consistent with the intent and purposes of the comprehensive plan and this chapter.
(B) Bed and breakfast use. The following standards must be met without variance before the Board grants a conditional use permit for a bed and breakfast facility.
(1) The residence shall be occupied as a residence by at least one of the bed and breakfast staff, but not necessarily the property owner.
(2) The bed and breakfast use shall be confined to the principal residential structure, and other existing structures that can be successfully converted to bed and breakfast units.
(3) No exterior alterations to the structure shall be made which would change the residential appearance of it.
(4) The minimum total floor area of the principal residential structure needed to establish a bed and breakfast use shall be 1,500 square feet. Each bed and breakfast unit in excess of one shall require an additional 500 square feet of total floor area.
(5) Two off-street parking spaces shall be provided for the residential occupants. One additional off-street parking space shall be provided for each bed and breakfast unit established; landscaping and/or buffering may be required. Parking requirements may be reduced if the Board finds that reducing off-street parking will not detract from the residential character of the neighborhood, and other parking is available in the immediate area.
(6) Dining and other facilities shall not be open to the public but shall be exclusively for the use of the residents and registered bed and breakfast guests, unless the Board finds that opening the facilities to the public will not have a negative impact on the surrounding area. The Board may set any additional regulations necessary to ensure that public use of the facilities will be in harmony with the surrounding area.
(7) There shall be no more than the equivalent of one non-resident full-time employee hired solely for the purpose of working for the bed and breakfast use. However, if the dining and/or other facilities are open to the public, the Board may allow additional employees. In addition, the Board may allow additional employees for other reasons that are peculiar to the property (size, location) as long as the addition of more employees will not detract from the residential character of the neighborhood.
(8) The applicant is responsible for obtaining all inspections, permits, licenses and the like as may be required by law.
(9) The applicant is responsible for determining the effect, if any, of the bed and breakfast use upon any subdivision restrictions, deed covenants and the like that may encumber his or her property.
(10) The Board must determine that the bed and breakfast use will be compatible with the neighborhood, and will not interfere with the reasonable enjoyment of adjoining properties.
(C) Child or adult care home. The following standards must be met without variance before the Board may grant a conditional use permit for the establishment of a child or adult care home.
(1) At least one of the individuals providing the care shall be a resident of the property.
(2) Each adult care home must be licensed by the appropriate state agency.
(3) The minimum lot area shall be the minimum size required for the zoning district in which the use is located, unless the lot is legally non-conforming in size.
(4) There shall be at least 50 square feet of usable indoor space per adult within the principal structure, exclusive of halls, bathrooms or kitchen areas and basements without a direct exit to the outside.
(5) The Board must determine that the child or adult care home use will be compatible with the neighborhood and will not interfere with the reasonable enjoyment of adjoining properties.
(6) The child or adult care home may not be operated in such a way as to become a nuisance to the surrounding neighborhood.
(7) If, at any time, a child or adult care home provider is found to be operating in violation of the above standards, or any other particular conditions of approval, the staff shall notify the provider that his, her or their conditional use is no longer valid. If the provider wishes to continue operating a child or adult care home, a new conditional use permit must be obtained from the Board.
(D) Group home. The following standards must be met without variance before the Board may grant a conditional use permit for the establishment of a group home.
(1) Each group home must be licensed by the appropriate state agency.
(2) The minimum lot area shall be the minimum size required for the zoning district in which the use is located, unless the lot is legally non-conforming in size.
(3) There shall be at least 50 square feet of usable indoor space per adult within the principal structure, exclusive of halls, bathrooms or kitchen areas and basements without a direct exit to the outside.
(4) The Board must determine that the group home use will be compatible with the neighborhood and will not interfere with the reasonable enjoyment of adjoining properties.
(5) The group home may not be operated in such a way as to become a nuisance to the surrounding neighborhood.
(E) Tourist home. The following standards must be met without variance before the Board grants a conditional use permit for a tourist home.
(1) The residence shall be occupied as a residence by at least one of the tourist home staff, but not necessarily the property owner.
(2) The bed and breakfast use shall be confined to the principal residential structure, and other existing structures that can be successfully converted to bed and breakfast units.
(3) No exterior alterations to the structure shall be made which would change the residential appearance of it.
(4) The minimum total floor area of the principal residential structure needed to establish a tourist home shall be 1,500 square feet. Each sleeping unit in excess of one shall require an additional 500 square feet of total floor area.
(5) Two off-street parking spaces shall be provided for the residential occupants. One additional off-street parking space shall be provided for each tourist home unit established; landscaping and/or buffering may be required. Parking requirements may be reduced if the Board finds that reducing off-street parking will not detract from the residential character of the neighborhood and other parking is available in the immediate area.
(6) There shall be no more than the equivalent of one non-resident full-time employee hired solely for the purpose of working for the tourist home use.
(7) The applicant is responsible for obtaining all inspections, permits, licenses and the like as may be required by law.
(8) The applicant is responsible for determining the effect, if any, of the tourist home use upon any subdivision restrictions, deed covenants and the like that may encumber his or her property.
(9) The Board must determine that the tourist home will be compatible with the neighborhood and will not interfere with the reasonable enjoyment of adjoining properties.
(F) Confinement feeding farms. The standards listed below must be met before the Board may grant a conditional use permit for confinement feeding farms. Any such use that does not comply with these standards may be permitted by the Board only through the variance process of this chapter. Before deciding a conditional use under this section, the Board shall seek information relevant to the decision from agencies related to the agricultural operation. Any confinement feeding farm that is regulated by state law must meet all state regulations. The Board may impose conditions that are more restrictive than the state regulations. When the Board approves a conditional use permit for a confinement feeding farm, it may require conditions or commitments to ensure that the conditional use is consistent with the spirit and intent of this chapter. The following standards apply to confinement feeding farms.
(1) All operations shall be located at least 50 feet from any property line and at least 500 feet from any neighboring residence, commercial or industrial building, or any other building that is used as a place of employment or is frequented by the public, unless the Board finds that a lesser setback is sufficient for the operation.
(2) Waste material handling (liquid and solid), storage and spreading must be carried out in a manner that is in accordance with sound management practices.
(3) Adequate fencing and/or landscaping of the operation must be provided.
(4) The Board must determine that the establishment of a confined feeding operation is compatible with the general area and does not unreasonably interfere with the enjoyment of other properties in the area. In making this determination, the Board shall consider the character of the general area, historical land uses and development patterns, and the trend of development in the area.
(G) Cemeteries, columbaria and mausoleums. The following standards must be met without variance before the Board grants a conditional use permit for a cemetery, columbaria or mausoleum.
(1) The minimum required lot size shall be five acres.
(2) The minimum setback measured between structures or burial plots and any property boundary and shall be 25 feet.
(Ord. 2006-13, passed 4-3-2006; Ord. 2012-9, passed 7-2-2012)