When a conditional permit is required, the following uses shall be subject to the restrictions, conditions and criteria under their respective titles below, in addition to compliance with applicable district regulations:
(a) Child care center:
(1) The County Health Department shall approve the proposed plans;
(2) The County Emergency Services shall approve the proposed plans; and
(3) The use shall not constitute a nuisance because of traffic, the number of children cared for, noise, or types of physical activity.
(b) Communication or Broadcasting Tower and Related Equipment:
(1) The lot on which a tower, antenna, or station is to be located shall be of such dimensions that an imaginary line drawn from the top of the tower (whether guy wires are used or not) shall not exceed a 60 degree angle to the horizontal, relating to the base of the tower;
(2) All guy wires (if used) shall be attached to the ground on the same property as that where the tower is situated;
(3) Equipment buildings or "stations" shall be comparable to existing structures in the immediate area; and
(4) All radio antennae, towers, or supporting structures shall comply with Federal and State laws or regulations, and proof of such compliance must be filed with the Building Inspector prior to issuance of a building permit to erect such.
(c) Group Housing Development: Where there is no intent to subdivide a tract of land and "cluster" development is made more desirable due to its topographic features it may be developed as a group housing development. This concept allows more than one principal residential structure per lot of record as a "planned community". The district in which these developments are located dictate the maximum number of units in each of the residential structures. The minimum lot area is determined by the total number dwelling types and number of units multiplied by the intensity of use requirements. The following shall be filed:
(1) A detailed, scaled site plan showing:
A. All existing and proposed structures and the number of dwelling units in each;
B. Proposed internal street and parking layout and access/connection to public streets (Note: Unless noted on the plans and designed to meet Subdivision Regulations' standards and the intent to dedicate them, internal streets shall be considered "private driveways", and therefore, not eligible for the Town's snow removal or repair);
C. Existing and proposed contours, and a grading plan designed and certified by a soil engineer shall accompany the application and site plan in the event there is earthwork to be done (except when determined by the staff or Building Inspector that the proposed earthwork constitutes minor landscaping);
D. Drainage plan designed and certified by a registered engineer and designed for at least a 25 year storm frequency showing the sizes of all pipes and ditches, and where the drainage is to leave the site; and
E. A vicinity sketch map showing the proximity of the subject site in the community.
(d) Helipad or Heliport:
(1) A helipad or heliport shall not create a nuisance due to traffic, noise, or proximity to a residential zoning district;
(2) A report must be received stating that the proposals has been approved by the Federal Aviation Administration prior to final action on the request by the Commission; and
(3) Such uses shall be located and have flight paths so as to minimize the potential risk to the public.
(e) Kennel: The County Animal Relief Center shall approve the plans and location prior to final action.
(f) Motor Vehicle - Towing or Wrecker Service:
(1) Storage areas shall be screened from public view by a opaque fence or wall;
(2) Storage areas must be paved, and the paving maintained;
(3) All stored vehicles must all have current licenses;
(4) Vehicles shall not be stored longer than 60 days.
(g) Movie Theater, Drive-in:
(1) The location of the projection structure and screen shall not interfere with the surrounding area or traffic;
(2) A paved waiting vehicle area capable of storing as least one-third as many cars as can be accommodated within the parking area shall be provided out of the flow of incoming and outgoing traffic; and
(3) All points of ingress and egress and acceleration and deceleration lanes shall be provided to facilitate the continuous flow of traffic to and from the theater.
(h) Nursing Home:
(1) The proposed plan shall be approved by the County Health Department and County Emergency Services, prior to final approval; and
(2) Such use shall not create a nuisance because of traffic generated.
(i) Oil or Gas Well Operation, Exploration or Production: These regulations shall apply to the drilling of new wells as well as re-drilling, fracturing , or other procedures for the extraction of or obtaining sources of oil or gas.
(1) An engineering report shall be submitted to the Commission dealing with the adequacy of drainage provisions for natural and created water at or near the site, prior to the Commission's action on the application;
(2) The applicant shall provide proof of a state permit approval;
(3) No well operation shall be permitted within 500 feet of any dwelling, church, school, nursing home, hospital, assisted living facility, or sanitarium; and
(j) Parking Structure or Lot (Commercial): Such parking lot or structure shall be the principal commercial use.
(k) Adult Book Store, Adult Videotape, Adult Motion Picture Theater, and Adult Entertainment Establishment:
(1) Such uses shall not be located within one thousand (1,000) feet of each other, which shall be measured from each properties boundary line.
A. The Planning Commission may waive this spacing provision for an adult book store, adult videotape store, adult motion picture theater or adult entertainment establishment if the following findings are made:
1. That the proposed use will not be contrary to the public interest, or adversely affect the value, use, or enjoyment or nearby properties, and that the spirit and intent of this subsection (k) will be observed.
2. That the proposed use will not enlarge or encourage the development of a skid row area.
3. That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal.
4. That all applicable regulations of this subsection (k) will be observed.
(2) It shall be unlawful to hereafter establish any adult bookstore, adult videotape store, adult motion picture theater, or adult entertainment establishment in any district if the proposed establishment is located within 500 feet of a residence or residential district. This prohibition shall be waived upon the presentation to the Planning Commission of a validated petition requesting such waiver, signed by at least fifty-one percent (51%) of those persons owning, residing, or doing business within 500 feet of the proposed location. The circulator of the petition requesting a waiver shall subscribe to an affidavit attesting to the fact that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the persons whose names appear thereon. The Planning Commission shall not consider the waiver of spacing requirements set forth in this subsection (2) until the above described petition shall have been filed and verified by the Police Department.
(3) No adult bookstore, adult videotape store, adult motion picture theater, or adult entertainment establishment shall be located within 500 feet of any property line of a school, park, library, or place of worship.
(4) Advertisements, displays, or other promotional materials depicting, describing or relating to sexual activities or anatomical areas shall not be visible from a public sidewalk.
(5) All doors, windows and other apertures shall be located, covered or screened in such a manner as to prevent viewing the interior of the establishment from a public street or sidewalk.
(6) In the event that an adult bookstore, adult videotape store, adult motion picture theater, or adult entertainment establishment is replaced by another type of land use; the adult book store, adult videotape store, adult motion picture theater, or adult entertainment establishment shall be required to obtain a new conditional permit before it can be re-established.
(Ord. 2005-06-02. Passed 3-20-06.)