(A) Standards for conditional use permits. No conditional use permit shall be granted pursuant to this chapter unless the applicant shall establish that the specific standards for the conditional use have been or shall be met. The proposed use and development shall also comply with any additional standards imposed upon the particular use below.
(1) Bed and breakfast establishments.
(a) The operator shall reside on the property;
(b) The establishment shall maintain a maximum of three guest rooms;
(c) The establishment shall provide one parking space per guest room in addition to the spaces required for the dwelling unit; and
(d) The building and its parking facilities shall be designed for compatibility with the surrounding properties.
(2) Day care centers.
(a) Proof of licensing or exemption from the state shall be presented with the application;
(b) Operator shall be responsible for compliance with all applicable city ordinances and state and federal statutes and regulations;
(c) The center shall be screened from adjacent properties with a fence or vegetative buffer, and an adequate fenced play area shall be provided;
(d) The minimum lot size shall be 15,000 square feet or the minimum lot size for the district, whichever is greater;
(e) Site design and supervision characteristics shall insure that the peace and safety of the surrounding area shall not be impaired;
(f) No center shall be approved within 500 feet of another center; and
(g) If located in a residential zone or subdivision, the center shall be located adjacent to the arterial street used by the subdivision for access and have, if possible, a separate entrance for ingress and egress to the center and/or adequate parking on the lot where the center is located.
(3) Drive-through uses.
(a) Structures shall be located so as to minimize impacts on adjacent property and the character of the streetscape;
(b) Design of maneuvering and stacking aisles shall not interfere with circulation or visibility for traffic either on or off site and shall be designed to minimize headlight glare to adjacent property and streets. Applicant shall provide reasonable estimates of peak stack needs and accommodate those needs on the site plan; and
(c) The radius and width of maneuvering areas shall be as required by Planning Department and Highway Superintendent.
(4) Places of worship.
(a) Design of the structure and site shall be compatible with the surrounding area; and
(b) Facilities shall have adequate access to collector or arterial streets and traffic shall not travel through a residential neighborhood on local streets.
(5) Medical centers or clinics and rehabilitative facilities.
(a) The design of the site and structure, and the intensity of use and population density shall be compatible with the surrounding area;
(b) Adequate access is provided to a street classified as a collector or arterial;
(c) Peace and safety of the surrounding area shall not be impaired; and
(d) If located in a residential zone or subdivision, the center shall be located adjacent to the arterial street used by the subdivision for access and have, if possible, a separate entrance for ingress and egress to the center and/or adequate parking on the lot where the center is located.
(6) Commercial uses in industrial districts.
(a) Applicant shall demonstrate to the Board’s satisfaction that the proposed use is a retail, restaurant, tavern, gasoline service station or business or consumer-oriented office/service use, and the proposed use will serve primarily the industries of the district in which they are located, and/or their employees;
(b) A maximum of 10% of the total area of an industrial property may be occupied by such uses; and
(c) Individual retail enterprises shall be limited to a maximum floor area of 3,000 square feet.
(7) Industrial uses with potentially adverse effects.
(a) The following uses may be approved as a conditional use:
1. Petrochemical facilities;
2. Manufacture of chemicals and chemical products;
3. Processing of meat, poultry, or seafood and other agricultural products, solid waste disposal;
4. Manufacture of paper products;
5. Manufacture of paving material and concrete block;
6. Motor or bus terminal;
7. Pharmaceuticals other than light manufacturing; and
8. Metal fabrication other than light manufacturing.
(b) Compliance with the Comprehensive Plan and its impact upon development objectives of the plan, including review by the Plan Commission and recommendation to the Board of Zoning Appeals;
(c) Proposed use shall not present undue risk of fire, explosion or release of harmful materials;
(d) Applicant shall submit data which details the environmental and other effects of proposed use and which quantifies the potential risks in terms of noise, dust, odor, traffic, and discharges to the air, ground water, or surface water. Statement shall be certified by a professional engineer (PE) and presented to the Board at time of application;
(e) The Board may require mitigation measures such as careful arrangement of buildings and uses on the site, a means of reducing noise and emissions, and may require screening or setbacks greater than normally required; and
(f) Board may require post-construction testing or inspection at appropriate times and intervals to ensure ongoing compliance with the applicant’s representations of impact and any required mitigation measures.
(8) Outdoor storage yards which are accessory to permitted principal uses.
(a) Yards may be set back from side and rear lot lines not less than one-half the setback required for buildings on the lot if such lot lines do not abut residential use or zoning. If adjacent to residential use or zoning, such yards must meet the required building setback; and
(b) Shall be screened so as to mitigate the appearance and impact of the proposed storage use and its level of activity, in a manner consistent with the purposes of the district.
(9) Fire and police stations.
(a) Shall have adequate access to collector or arterial streets; and
(b) Design of the structure and the site shall be compatible with the surrounding area.
(10) Golf, swim and tennis clubs.
(a) Facilities shall have adequate access to collector or arterial streets and traffic shall not travel through residential neighborhood on local streets; and
(b) Design and location of any structure and the design of the site shall be such that adjacent properties shall not be subjected to offensive noise, lights, odors, or flying objects.
(11) Convalescent, nursing or rest homes, auditoriums, and community and recreational centers.
(a) Proposed facility shall be located on a site of minimum 15,000 square feet, or minimum lot size of the district, whichever is greater;
(b) Adequate access shall be provided to collector or arterial streets and traffic shall not travel through residential neighborhoods on local streets; and
(c) The design of structure and site, hours of operation, and intensity of use, shall be compatible with the surrounding area.
(12) Cemeteries and mausoleums.
(a) Shall be located on a site not less than two acres in size;
(b) Access to site shall be such that traffic and funeral processions to site will create a minimum of interference with normal traffic operations in the area;
(c) The design of the site and any structures shall be compatible with the surrounding area; and
(d) All structures shall be set back from any property line a minimum of 35 feet and all graves and burial plots shall be set back a minimum of 25 feet from any property line.
(13) Mortuaries and crematoriums.
(a) Site of the proposed facility shall be a minimum of 5,000 square feet;
(b) Adequate access shall be provided to a street classified collector or arterial and traffic shall not travel through residential neighborhoods on local streets;
(c) Design of site and structure shall be compatible with surrounding uses; and
(d) Access to proposed site shall be such that traffic and funeral processions will create a minimum of interference with normal traffic operations in the area.
(14) Accessory gasoline sales.
(a) The use shall be accessory to a grocery store having at least 1,500 square feet devoted to food sales. The use shall be limited to one dispensing nozzle for each grade of gasoline offered;
(b) Adequate access shall be provided from a collector or arterial street;
(c) Pump island shall not eliminate or interfere with required off-street parking spaces or access thereto;
(d) Adequate stacking space shall be available at the pump island and shall not interfere with traffic safety on the site or adjacent roadway; and
(e) Design of site and structure shall be compatible with surrounding area.
(15) Correctional facilities.
(a) Adequate access is provided to a collector or arterial street;
(b) Design of site and structure, and the intensity of use and population density shall be compatible with surrounding area; and
(c) Site design and supervision characteristics shall ensure that the peace and safety of the surrounding area shall not be impaired.
(16) Shared parking.
(a) No more than 50% of the parking spaces required for a building or use may be supplied by parking facilities required for any other building or use;
(b) Total parking provided shall be sufficient to meet the requirements of the greatest combined peak parking demands. The Board may require such evidence as it deems necessary to establish parking demands;
(c) The Board shall require the owners of the properties included in the conditional use request to make a written commitment guaranteeing that the parking spaces shall be maintained as stipulated in the approval so long as parking is required for either of the properties or until the required parking is provided elsewhere in accordance with the provisions of this chapter. Such instrument shall be recorded by the property owners with the County Recorder and a copy filed with the Planning Department; and
(d) The commitment required above may be modified or terminated only by order of the Board.
(17) Off-site parking.
(a) The off-site parking facility is within a reasonable walking distance of said structure or use in consideration of the use;
(b) Such parking facility is located in a zoning district where such parking facilities are allowed as a permitted or conditional use;
(c) The Board shall require the owners of the properties included in the conditional use request to make a written commitment guaranteeing that the parking spaces shall be maintained as stipulated in the approval so long as parking is required for the property or until the required parking is provided elsewhere in accordance with the provisions of this chapter, and prohibiting any other use of the lot which is used for off-site parking. Such instrument shall be recorded by the property owners with the County Recorder and a copy filed with the Planning Department; and
(d) The commitment required above may be modified or terminated only by order of the Board.
(18) Drive-in theaters.
(a) The site must have direct access to an arterial road as identified on the functional street classification map. In addition to the required setbacks from the streets and highways, all yards shall be planted and maintained as a landscaped strip;
(b) The theater viewing screen shall not be visible from any public street within 1,500 feet of the screen. In addition, cars parked in the viewing area shall be screened on all sides by a wall, fence or densely planted evergreen hedge not less than six feet in height;
(c) Loading space for patrons waiting for admission to the theater shall be equal to 20% of the capacity of the theater. All entrances and exits shall be separated, and internal circulation shall be laid out to provide one-way traffic;
(d) Sale or refreshments shall be limited to patrons of the theater. Amusement parks or kiddylands shall be accessible only to patrons of the theater;
(e) All parking areas and access ways shall be adequately lighted; provided, however, that such lighting shall be shielded to prevent any glare or reflection onto a public street or onto neighboring properties; and
(f) No central loudspeakers shall be permitted.
(19) Light manufacturing and distribution facilities.
(a) Architecture and site design shall be compatible with the surroundings and with the purpose of the BP District;
(b) Truck parking, loading areas and outdoor mechanicals of any kind shall be adequately screened in a manner compatible with the surroundings;
(c) The design of the access route to the facility must be suitable for truck traffic; and
(d) Outdoor processes and/or storage are prohibited.
(20) Boat storage.
(a) The required building setbacks shall be applied to all boats stored outside; and
(b) All boats stored outside of enclosed buildings shall be screened from adjoining properties by a double staggered row of evergreen trees or a six-foot high opaque fence or wall.
(21) Resorts.
(a) Design of the structure and site shall be compatible with the surrounding area;
(b) Outdoor group activities shall not be allowed after 10:00 p.m.; and
(c) Facilities shall have adequate access to collector or arterial streets and traffic shall not travel through a residential neighborhood on local streets.
(22) Rodeo and transient amusement enterprises.
(a) The site must have direct access to an arterial road as identified on the functional street classification map. In addition to the required setbacks from the streets and highways, all yards shall be planted and maintained as a landscaped strip;
(b) Cars parked in the viewing area shall be screened on all sides by a wall, fence or densely planted evergreen hedge not less than six feet in height;
(c) Loading space for patrons waiting for admission to the theater shall be equal to 20% of the capacity of the theater. All entrances and exits shall be separated, and internal circulation shall be laid out to provide one-way traffic;
(d) Sale of refreshments shall be limited to patrons of the theater. Amusement parks or kiddy lands shall be accessible only to patrons of the theater;
(e) All parking areas and access ways shall be adequately lighted; provided, however, that such lighting shall be shielded to prevent any glare or reflection onto a public street or onto neighboring properties; and
(f) No central loudspeakers shall be permitted.
(B) Effect of issuance of a conditional use permit. The grant of a conditional use authorizes the use and establishes the terms of use. Conditional uses are also subject to site plan requirements, all necessary permits and approvals, and other applicable requirements. All required permits must be obtained before any grading, construction or use commences.
(C) Expiration of conditional use permit. Any conditional use permit granted by the Board of Zoning Appeals shall expire:
(1) In the case of a new construction or modifications to an existing structure:
(a) Two years after the date granted by the Board of Zoning Appeals, unless a building permit has been obtained and construction of the structure or structures has commences; and
(b) At the date of termination established by the Board of Zoning Appeals as a condition or commitment if different from subsection (a) above.
(2) In the case of occupancy of land which does not involve new construction:
(a) Two years after the date granted by the Board of Zoning Appeals, unless an occupancy permit has been obtained and the use has commenced; or
(b) At the date of termination established by the Board of Zoning Appeals as a condition or commitment if different from subsection (a) above.
(3) If an appeal by writ or certiorari is taken from an order granting a conditional use, the time during which such appeal is pending shall not be counted in determining whether a conditional use or order has expired under subsections (1) or (2) above.
(D) Extensions. The Board of Zoning Appeals may provide by rule for the granting of extensions of conditional uses.
(E) Amendments to conditional use permits. Any modification or intensification of a conditional use that alters the essential character or operation of the use in a way not intended by the Board of Zoning Appeals at the time the conditional use was granted shall require a new conditional use permit. The property owner, use operator, or his or her authorized representative shall apply for such conditional use permit prior to any modification of the use or property. The Director shall determine in writing whether the proposed modification or intensification represents an alteration in the essential character of the original conditional use as approved. The operator of the conditional use shall provide the Director with all the necessary information to render this determination. The Hearing Officer may hear requests for amendments to a conditional use, if authorized by the Plan Commission. No use classified as conditional may be conducted without first obtaining a conditional use permit under this chapter, and no such use shall be conducted except in compliance with all applicable provisions of this chapter and with any conditions upon such permit.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003; BC Ord. 2004-19, passed 7-14-2004) Penalty, see § 155.999