All conditional uses require the issuance of a Conditional Use Permit by the Zoning Enforcement Officer following approval of the Board of Appeals. The procedures for making application for a Conditional Use Permit are specified in Section 1161.05. Subsection (a) hereof contains a listing of which Conditional Uses are permitted to be located in which zoning district(s) subject to which prior conditions for approval. Subsection (b) hereof contains an enumeration of the specific prior conditions for approval that the Board of Appeals must apply in making a decision on an application for a Conditional Use Permit in accordance with the procedures in Section 1161.04.
(a) Permitted Locations and Conditions for Approval.
Conditional Use | District(s) in which Conditional Use May be Permitted | Conditions for Approval (see subsection (b) hereof) |
Agricultural implement sales, storage and rental | C-1 | a-3, b-1, c-1, f, g, l |
Air conditioning, heating, plumbing and roofing shops | C-1 | f, g, i-1, l, m |
Bicycle and motorcycle sales, repair and rental establishments | C-1 | f,l |
Business and professional offices, banks, finance, insurance and real estate offices | R-0 | a-4, e, h, i-2, j, k, l |
Churches and similar places of worship | All Districts | 1-3, b-1, l |
Equipment rental | C-1 | f,l |
Fraternal lodges | R-0 | e, h, i-1, j, k, l |
Kindergarten or day nursery | R-2, R-3, R-4, R-5, C-1 | a-1, b-1, d-1, f, i-1, l o, p, q |
Medical clinic, nursing home or health center | C-1 | b-2, f, i-1, l, m |
Pet shops | C-1 | b-1, f, l, m |
Private recreation facilities | All “R” Districts | c-2, e, h, i-2, l, m |
Public and private schools | R-1, R-2, R-3, R-4, R-5 | a-3, b-3, d-2, e, f, h, i-2, k, l, m |
Public utility substations and exchanges | All Districts | l |
Restaurants: drive-up | C-1 | e, f, h, i-2, j, k, l, m |
Theaters | C-1 | a-3, b-1, f, i-2, j, k, l |
(b) Specific Prior Conditions for Approval.
a. Minimum lot area
1. 110 sq. ft. /child
2. One-half acre
3. One acre
4. 12,000 sq. ft.
b. Minimum yards (feet)
Front | Side (each) | Rear |
1. # | 20 | # |
2. # | 40 | 40 |
3. # | 40 | 50 |
(#-same as District in which located)
c. Building setback from the building line
1. 20 feet
2. 40 feet
d. Minimum gross floor area of principal building(s)
1. 40 sq. ft. /child
2. 80 sq. ft. /child
e. Plat of Landscape Development to be submitted with application, including quantities, sizes and variations of landscaping: Four-inch high barrier separating paved from unpaved portions of the lot.
f. Twenty-five foot distance of parking area from residential use.
g. Number of loading and unloading berths (shall not face on bordering highway): 15,000 sq. ft. of floor area - 1; over 15,000 sq. ft. of floor area - 2.
h. Development Plan to be submitted with application.
i. Maximum number of principal entrances from Major Thoroughfare.
1. 1
2. 2
j. Acceptable relationship to Major Thoroughfare.
k. Thoroughfares must be adequate to carry additional traffic generated by use.
l. Outdoor artificial lighting shall be approved by the Board of Appeals.
m. Disposal of liquid and other wastes shall meet the approval of the Zoning Enforcement Officer.
n. Permitted in upper stories of structures with ground floor commercial floor space, except above restaurant and food stores.
o. Must meet State licensing requirements.
p. There shall be an outdoor play area of 100 sq. ft. or more per child enclosed with a solid fence or its equivalent in strength and protective character to a height of five ft., but not more than six ft.
q. There shall be off-street parking of one and one-half spaces per each five children. (Ord. 314. Passed 5-30-73; Ord. 555. Passed 2- 23- 81. )
(c) Automobile Service Stations. Automobile service stations are conditionally permitted in the C-1 General Commercial District provided that they meet the conditions outlined below:
(1) There shall be a maximum of one automobile service station per 1,500 resident population in the Municipality.
(2) Automobile service stations are allowed provided that all activities are limited to the selling and dispensing of petroleum fuel primarily to passenger vehicles and to such accessory uses as the sale and installation of lubricants, tires, batteries, accessories and supplies, incidental washing and polishing conducted indoors, tune-ups and brake repair. No outdoor dismantling, wrecking or storage of automotive vehicles, parts or accessories shall be permitted. No outdoor storage or rental of trucks, trailers or passenger vehicles shall be permitted.
(3) The applicant shall submit a site development plan which satisfies the following requirements:
A. There shall be a minimum lot width at the front property line of 120 feet.
B. There shall be a minimum lot area size of 12,000 square feet.
C. No automobile service station shall have an entrance or exit for vehicles within 200 feet along the same side of a street, of any school, public playground, church, hospital, public library or institution for dependents or for children, except where such property is in another block or on another street which the lot in question does not abut.
D. There shall be a minimum of two driveways providing both ingress and egress from the property; these two separate driveways shall be spaced a minimum distance of twenty feet apart, measured along the property line, and shall not exceed forty feet in width at the curb line and thirty feet in width at the property line; curb and gutter shall be constructed along the entire building line except for the curb cuts and pavements of the driveways. No driveway shall be closer than ten feet to an adjacent property line nor twenty-five feet to an adjacent "R" Zone District or corner property lines extended or from the established right-of-way lines as shown on the Official Thoroughfare Plan.
E. Gasoline pumps in the service bays shall be a minimum distance of fifteen feet from the property line; the automobile service station building(s) shall be set back a minimum distance of forty feet from the front property line.
F. No automobile service station shall be permitted where any oil draining pit or visible appliance for any such purpose other than filling caps, is located within twelve feet of any street lot line or within twenty-five feet of any "R" District, except where such appliance or pit is within a building.
G. The light from the exterior lighting shall be so shaded, shielded or directed that the light intensity or brightness shall not be objectionable to surrounding areas.
H. A solid fence or wall six feet high shall be constructed where the automobile service station is located adjacent to an "R" Zone District property line.
I. There shall be a maximum of one pole sign with a maximum surface area of thirty-eight square feet per side and a maximum pole height not to exceed twenty-five feet.
J. Off-street parking shall be provided plus one space for each employee on the largest shift, except that station which primarily dispenses only petroleum products and has no under- roof facilities for the minor repair and servicing of motor vehicles will require only two spaces, plus one for each employee on the largest shift.
(4) Automobile washing establishments. Automobile washing establishments are conditionally permitted in the C-1 General Commercial District provided they meet the conditions specified in the Zoning Ordinance for a C-1 District and the conditions outlined below:
A. (Refer to Section 1161.03(b) , Conditions for Approval): b-2,
i-1, k, l, m.
B. The following hard-surfaced and dust free off-street parking shall be provided:
1. Six waiting spaces and two storage spaces per each car washing device or ten off-street waiting spaces for every assembly line type washing facility where vehicles are awaiting entrance to the washing process.
2. Two employee parking spaces for each three employees.
3. 500 square feet of parking area past the exit and of the washing area for each washing bay for drying and hand finishing of vehicles.
C. Vacuuming and/or steam cleaning equipment may be outside the building, but shall not be placed in the front yard, in a side yard facing a street, or in any yard adjoining an “R” District.
D. All washing facilities shall be entirely enclosed in a building with the allowance that the entrance and exit doors may be left open during the hours of operation.
E. A solid fence, wall, or hedge six feet high shall be required when the establishment is adjacent to an “R” Zone District property line.
(Ord. 314. Passed 5-30-73.)