(A) Gas/fueling stations and car washes.
(1) Fuel sales shall have no more than eight vehicle fueling dispensers.
(2) Fuel sales shall be screened in accordance with the parking lot landscaping standards cited in § 7.8.
(3) Fuel sales shall be limited to no more than one per block.
(4) Canopies shall have a maximum vertical clearance of 15 feet and shall be architecturally compatible with the principal structure.
(5) Signage allowances shall be based on the linear feet of the associated building/structure, not on the length of the canopy. All advertising signage on the building, canopy, pumps, pump handles and the like shall count toward the total permitted sign square footage.
(6) Illuminance under the canopy shall be no more than an average of 35 footcandles. Other lighting standards for gas stations shall be as specified in § 7.15.
(B) Bed and breakfast. Bed and breakfast inns shall be permitted in the zoning districts indicated in Chapter 4, provided they are compatible with the surrounding uses and adhere to the following standards.
(1) A bed and breakfast shall be occupied as a residence by the property owner.
(2) No exterior alteration to the structure shall be made which would change the residential appearance of the building.
(3) 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.
(4) 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.
(5) Where the bed and breakfast is located in a residential zone, parking shall be located behind the bed and breakfast and shall be screened according to the provisions of § 7.8.
(C) Parks and playgrounds.
(1) Applicability. The following standards apply to active recreational uses whether they stand alone or are accessory to another use.
(2) Special conditions.
(a) Special care shall be noted when locating specialty parks (such as dog parks and skate parks) in residential areas.
(b) Neighborhood parks and pocket parks less than two acres in area do not have to provide off-street parking.
(3) Accessibility standards. Park buffering may incorporate pedestrian access points where access in and out of the park would be beneficial to nearby residents.
(4) Setback standards.
(a) Active recreational use. No active recreational use (e.g., playing field, playground, swimming pool and the like) shall be located within 25 feet of any residential property line.
(b) Athletic structures. Athletic structures other than buildings (e.g., basketball goals, pools, tennis courts and the like) shall be no closer than 100 feet to any property line or right-of-way.
(5) Lighting standards. Lighted playing fields will be held to the standards of § 7.15.
(6) Scoreboards and public address systems. Scoreboards and public address (PA) systems are prohibited on lots less than 75 acres nor are any scoreboards or PA systems, or part thereof, allowed within 500 feet of private residentially-owned or -used property.
(D) Cemetery.
(1) Fence and wall standards. All cemeteries shall have a decorative fence or wall around the perimeter which complies with the following standards:
(a) Minimum height. Forty-eight inches;
(b) Maximum height. Seventy-two inches;
(c) Prohibited materials. Fencing shall not be chain-link; and
(d) Above maximum height. Fences greater than 48 inches in height shall be at least 50% open.
(2) Setback standards.
(a) Burial space. Any burial space shall be set back at least 100 feet from the nearest existing or proposed easement or right-of-way for a:
(1) Railroad;
(2) Street;
(3) Road;
(4) Alley;
(5) Pipeline;
(6) Pole line; or
(7) Other public thoroughfare or utility.
(b) Structure. Any permanent structure erected for the interment, entombment or internment of human remains shall be set back at least 100 feet from the nearest property line.
(E) Light and heavy manufacturing uses. The following is a non-exclusive list of specific requirements for conditional uses as specified in each use district that may be used in regulating such conditional use.
(1) Industrial use setbacks. All new structures and additions to existing structures to increase manufacturing activity areas should be located at least one hundred (200) feet from all property lines.
(2) Noise regulations.
(a) Loudspeakers which cause a hazard or annoyance shall not be permitted.
(b) All new industrial uses shall not create noise in excess of 50 decibels as measured at the property line and no objectionable noise due to extreme frequency, beat frequency, intermittence or shrillness.
(3) Entrance regulations.
(a) All points of entrance or exit should be located no closer than 200 feet from the intersection of two arterial throroughfares, or no closer than 100 feet from the intersection of arterial street and a local or collector street.
(b) Truck parking areas, maneuvering lanes, and access ways to public thoroughfares shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on and adjacent to the site. The site shall not be used for the storage of trucks, and truck parking shall be limited to a time not to exceed 24 hours.
(4) Lighting regulations. No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway, and no lighting shall shine directly on adjacent properties.
(5) Air pollution.
(a) All new industrial uses shall not create air pollution which exceeds the following:
(b) No noxious odors, no noxious, toxic or corrosive gases or fumes.
(c) No smoke of a density in excess of Level 1 on State Ringlemann Chart.
(d) No dust or other particulate matter emitted in excess of 0.85 pounds per 1,000 pounds of gases adjusted to 12% carbon dioxide.
(e) There shall be no surface or subsurface discharge or disposal of any wastes, either liquid or in any form without prior approval from Lebanon Utilities.
(6) (a) Other conditions. Conditional uses are subject to all other conditions recommended by the Plan Commission or imposed by the Board of Zoning Appeals.
(b) Supplementary conditions and safeguards. In granting any conditional use, the Board of Zoning Appeals may prescribe additional conditions and safeguards in conformity with this unified development ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this unified development ordinance and punishable under Chapter 10 hereof.
(c) Action by the Board of Zoning Appeals. Within 30 days after the public hearing required in Chapter 9 hereof, the Board of Zoning Appeals shall approve, approve with supplementary conditions as specified in Section 9, or disapprove the conditional use application as presented. If the application is approved or approved with modifications, the Board shall direct the Planning Director to issue a conditional use permit listing the specific conditions specified by the Board for approval. If the application is disapproved by the Board of Zoning Appeals, the applicant may seek relief through Boone County Circuit or Superior Court.
(d) Expiration of conditional use permit. A conditional use permit shall be deemed to authorize only one particular conditional use and the permit shall automatically expire if, for any reason, the use shall cease for more than one year.
(Ord. 07-16, passed 12-10-2007; Ord. 2015-14, passed 11-10-2015)