Bourbon City Zoning Code

CONTINGENT USES

SPECIFICATIONS

§ 154.100 SPECIFICATIONS.

(A) Specification. Uses which are likely or liable, but not certain to occur, and which are not inappropriate to the principal use of the District in which located.

(B) Location permitted and vehicle parking space required. Contingent uses, as listed herein, are permitted in the District indicated below. Each use shall provide on the lot, or within 300 feet thereof on a site approved by the Board of Zoning Appeals, parking space, open or enclosed, as follows.

Contingent Use	Location Permitted	Parking Spaces Required
Boarding or loading house	“B,” “LB,” and “GB”	One for each three occupants
Bulletin board for a church public building	All
Church or temple	All except “LI” and “HI”	One for each six seats in main auditorium
College or university	All except “LI” and “HI”	One for each three students or staff
Community center	All	One for each six seats
Farm, vegetable, or flower garden, or plant nursery, anywhere, but without raising of livestock and poultry within the town limits	All
Home occupation	All	One additional
Lodge or private club (which is of non-commercial character)	“LB,” “GB,” and “LI”	One for each 125 sq. ft. of ground floor area
Mortuary	“B,” “LB,” “GB,” and “LI”	One fore each six seats in chapel
Municipal or governmental building	All	One for each 125 sq. ft. of ground floor area
Nursing home or homes for the aged	“B,” “LB,” and “GB”	One for each seven persons
Professional office in residence of practicing professional person	All except “HI”	Two additional
Public library or museum	All	One for each 125 sq. ft. of ground floor area
Public park or public recreational facility	All
Public utilities building right-of-way, including purposes essential to utilities operation, but not including commercial or industrial structures of uses in “S,” “A,” “B,” or “LB” Districts	All	One for each three employees in the building
Roadside stands, for the sale by the producer of agricultural and plant nursery products raised on the premises	All
School, public or parochial	All except “LI” and “HI”	One for each three members of the staff, plus one for each eight seats in auditorium
Tourist home	“B,” “LB,” and “GB”	One for each sleeping room
Temporary sign pertaining to lease, hire, or sale of a building or premises	All

(Prior Code, § 8.5.1)

§ 154.101 PAVING; LIGHTING.

(A) Paving. Open parking space shall be paved with a dustproof or hard surface meeting the standard specifications of the town.

(B) Lighting facilities. Outdoor lighting facilities, if provided, shall be so arranged as to be reflected away from property residentially zoned or used.

(Prior Code, § 8.5.1)

§ 154.102 CONDITIONAL USES.

(A) The following uses, or structural alterations thereto, which are classified as conditional uses, may be permitted by the Board of Zoning Appeals, in accordance with the procedure specified herein:

(1) Airport or aircraft landing field;

(2) Amusement park and enterprises (permanent or transient);

(3) Baseball park;

(4) Cemetery or crematory;

(5) Country club or golf course;

(6) Fair ground;

(7) Fire station;

(8) Group house and garden apartments in “S” District;

(9) Hospital or sanatarium;

(10) Medical center or clinic;

(11) Mobile home or house trailer;

(12) Nursing home or home for the aged in “S” District only;

(13) Outdoor theater;

(14) Philanthropic or charitable institution;

(15) Practice golf driving range;

(16) Race track;

(17) Radio or television transmitting tower;

(18) Sanitary fill or refuse dump;

(19) Sewage disposal or garbage disposal;

(20) Trailer court, public camp, or mobile home court (meeting State Health Department standards);

(21) Truck terminal (in Suburban District only); and

(22) Removal of soil, sand, loan, and gravel (except in conjunction with construction of a building street or utility).

(B) (1) Upon receipt of an application for a conditional use by the Board of Zoning Appeals, it shall be referred to the Town Plan Commission for investigation as to the manner in which the proposed location and character of the conditional use will affect the Master Plan of the town.

(2) The Town Plan Commission shall report the results of its study of the proposal to the Board of Zoning Appeals, and if the report is favorable to the proposal, the Board of Zoning Appeals, may, after public notice and hearing according to law, grant a permit, including the imposition of conditions of use, which the Board deems essential to ensure that the conditional use is consistent with the spirit, purpose, and intent of this chapter, will not substantially and permanently injure the appropriate use of neighboring property, and will substantially serve the public convenience and welfare.

(C) The following uses may be permitted in the “HI” Districts, only in accordance with the procedure specified in division (B) above, and the inclusion of a report by the Town Health Officer of the State Board of Health and the State Fire Marshal that the uses applied for will not be injurious to the public health or safety:

(1) Acid manufacture;

(2) Atomic plants;

(3) Arsenal;

(4) Cement, lime, gypsum, or plaster of paris manufacture;

(5) Distillation of bones, coal, or wood;

(6) Explosives manufacture or storage;

(7) Fertilizer plants and/or plant food plants;

(8) Incineration or reduction of garbage, dead animals, offal, or refuse, except for municipal purposes;

(9) Packing plants or slaughter yards;

(10) Slag, stone, cinder, or coal crushing or pulverizing; and

(11) Any other use which may, under some circumstances, be injurious to public health, safety, or established uses, but which may, with adequate safeguards, be designed so as to not be injurious in such manner.

(Prior Code, § 8.5.1) Penalty, see § 154.999

§ 154.103 CONDITIONAL EXCEPTIONS.

(A) Parking requirements. A church or temple requiring parking areas at times when nearby uses do not need their parking facilities may, by agreement approved by the Board of Zoning Appeals, utilize such facilities in lieu of providing their own parking facilities.

(B) Height permitted.

(1) Permitted building heights are as follows.

District	Normal Maximum Height
“GB,” “LI,” and “HI”	70 feet or five stories
“LB”	45 feet or four stories
“S,” “A,” and “B”	35 feet or two and one-half stories

(2) Buildings may be erected to heights in excess of the normal maximum, if they are set back from required front, side, and rear yard lines, or property lines where yards are not required, as follows.

District	Setback
“LB,” “GB,” “LI,” and “HI”	One foot for each two feet of additional height
“S,” “A,” and “B”	One foot for each foot of additional height

(C) Other regulations. In all Districts, spires, church steeples, chimneys, cooling towers, elevator bulkheads, fire towers, scenery lofts, water towers, transmission towers, and other essential mechanical appurtenances may be erected to any height prohibited by other laws and ordinances. The provisions for yards, vision clearances, and accessory buildings as they pertain to group houses in Residential Districts, local business uses in “LB,” “LI,” and “HI” Districts, or general business uses in “GB” Districts, shall apply to contingent uses listed herein.

(Prior Code, § 8.5.1)

Bourbon City Zoning Code

CONTINGENT USES

SPECIFICATIONS

§ 154.100 SPECIFICATIONS.

(A) Specification. Uses which are likely or liable, but not certain to occur, and which are not inappropriate to the principal use of the District in which located.

Contingent Use	Location Permitted	Parking Spaces Required
Boarding or loading house	“B,” “LB,” and “GB”	One for each three occupants
Bulletin board for a church public building	All
Church or temple	All except “LI” and “HI”	One for each six seats in main auditorium
College or university	All except “LI” and “HI”	One for each three students or staff
Community center	All	One for each six seats
Farm, vegetable, or flower garden, or plant nursery, anywhere, but without raising of livestock and poultry within the town limits	All
Home occupation	All	One additional
Lodge or private club (which is of non-commercial character)	“LB,” “GB,” and “LI”	One for each 125 sq. ft. of ground floor area
Mortuary	“B,” “LB,” “GB,” and “LI”	One fore each six seats in chapel
Municipal or governmental building	All	One for each 125 sq. ft. of ground floor area
Nursing home or homes for the aged	“B,” “LB,” and “GB”	One for each seven persons
Professional office in residence of practicing professional person	All except “HI”	Two additional
Public library or museum	All	One for each 125 sq. ft. of ground floor area
Public park or public recreational facility	All
Public utilities building right-of-way, including purposes essential to utilities operation, but not including commercial or industrial structures of uses in “S,” “A,” “B,” or “LB” Districts	All	One for each three employees in the building
Roadside stands, for the sale by the producer of agricultural and plant nursery products raised on the premises	All
School, public or parochial	All except “LI” and “HI”	One for each three members of the staff, plus one for each eight seats in auditorium
Tourist home	“B,” “LB,” and “GB”	One for each sleeping room
Temporary sign pertaining to lease, hire, or sale of a building or premises	All

(Prior Code, § 8.5.1)

§ 154.101 PAVING; LIGHTING.

(A) Paving. Open parking space shall be paved with a dustproof or hard surface meeting the standard specifications of the town.

(B) Lighting facilities. Outdoor lighting facilities, if provided, shall be so arranged as to be reflected away from property residentially zoned or used.

(Prior Code, § 8.5.1)

§ 154.102 CONDITIONAL USES.

(1) Airport or aircraft landing field;

(2) Amusement park and enterprises (permanent or transient);

(3) Baseball park;

(4) Cemetery or crematory;

(5) Country club or golf course;

(6) Fair ground;

(7) Fire station;

(8) Group house and garden apartments in “S” District;

(9) Hospital or sanatarium;

(10) Medical center or clinic;

(11) Mobile home or house trailer;

(12) Nursing home or home for the aged in “S” District only;

(13) Outdoor theater;

(14) Philanthropic or charitable institution;

(15) Practice golf driving range;

(16) Race track;

(17) Radio or television transmitting tower;

(18) Sanitary fill or refuse dump;

(19) Sewage disposal or garbage disposal;

(20) Trailer court, public camp, or mobile home court (meeting State Health Department standards);

(21) Truck terminal (in Suburban District only); and

(22) Removal of soil, sand, loan, and gravel (except in conjunction with construction of a building street or utility).

(1) Acid manufacture;

(2) Atomic plants;

(3) Arsenal;

(4) Cement, lime, gypsum, or plaster of paris manufacture;

(5) Distillation of bones, coal, or wood;

(6) Explosives manufacture or storage;

(7) Fertilizer plants and/or plant food plants;

(8) Incineration or reduction of garbage, dead animals, offal, or refuse, except for municipal purposes;

(9) Packing plants or slaughter yards;

(10) Slag, stone, cinder, or coal crushing or pulverizing; and

(Prior Code, § 8.5.1) Penalty, see § 154.999

§ 154.103 CONDITIONAL EXCEPTIONS.

(B) Height permitted.

(1) Permitted building heights are as follows.

District	Normal Maximum Height
“GB,” “LI,” and “HI”	70 feet or five stories
“LB”	45 feet or four stories
“S,” “A,” and “B”	35 feet or two and one-half stories

District	Setback
“LB,” “GB,” “LI,” and “HI”	One foot for each two feet of additional height
“S,” “A,” and “B”	One foot for each foot of additional height

(Prior Code, § 8.5.1)

Bourbon City Zoning Code

CONTINGENT USES

SPECIFICATIONS

§ 154.100 SPECIFICATIONS.

(A) Specification. Uses which are likely or liable, but not certain to occur, and which are not inappropriate to the principal use of the District in which located.

Contingent Use	Location Permitted	Parking Spaces Required
Boarding or loading house	“B,” “LB,” and “GB”	One for each three occupants
Bulletin board for a church public building	All
Church or temple	All except “LI” and “HI”	One for each six seats in main auditorium
College or university	All except “LI” and “HI”	One for each three students or staff
Community center	All	One for each six seats
Farm, vegetable, or flower garden, or plant nursery, anywhere, but without raising of livestock and poultry within the town limits	All
Home occupation	All	One additional
Lodge or private club (which is of non-commercial character)	“LB,” “GB,” and “LI”	One for each 125 sq. ft. of ground floor area
Mortuary	“B,” “LB,” “GB,” and “LI”	One fore each six seats in chapel
Municipal or governmental building	All	One for each 125 sq. ft. of ground floor area
Nursing home or homes for the aged	“B,” “LB,” and “GB”	One for each seven persons
Professional office in residence of practicing professional person	All except “HI”	Two additional
Public library or museum	All	One for each 125 sq. ft. of ground floor area
Public park or public recreational facility	All
Public utilities building right-of-way, including purposes essential to utilities operation, but not including commercial or industrial structures of uses in “S,” “A,” “B,” or “LB” Districts	All	One for each three employees in the building
Roadside stands, for the sale by the producer of agricultural and plant nursery products raised on the premises	All
School, public or parochial	All except “LI” and “HI”	One for each three members of the staff, plus one for each eight seats in auditorium
Tourist home	“B,” “LB,” and “GB”	One for each sleeping room
Temporary sign pertaining to lease, hire, or sale of a building or premises	All

(Prior Code, § 8.5.1)

§ 154.101 PAVING; LIGHTING.

(A) Paving. Open parking space shall be paved with a dustproof or hard surface meeting the standard specifications of the town.

(B) Lighting facilities. Outdoor lighting facilities, if provided, shall be so arranged as to be reflected away from property residentially zoned or used.

(Prior Code, § 8.5.1)

§ 154.102 CONDITIONAL USES.

(1) Airport or aircraft landing field;

(2) Amusement park and enterprises (permanent or transient);

(3) Baseball park;

(4) Cemetery or crematory;

(5) Country club or golf course;

(6) Fair ground;

(7) Fire station;

(8) Group house and garden apartments in “S” District;

(9) Hospital or sanatarium;

(10) Medical center or clinic;

(11) Mobile home or house trailer;

(12) Nursing home or home for the aged in “S” District only;

(13) Outdoor theater;

(14) Philanthropic or charitable institution;

(15) Practice golf driving range;

(16) Race track;

(17) Radio or television transmitting tower;

(18) Sanitary fill or refuse dump;

(19) Sewage disposal or garbage disposal;

(20) Trailer court, public camp, or mobile home court (meeting State Health Department standards);

(21) Truck terminal (in Suburban District only); and

(22) Removal of soil, sand, loan, and gravel (except in conjunction with construction of a building street or utility).

(1) Acid manufacture;

(2) Atomic plants;

(3) Arsenal;

(4) Cement, lime, gypsum, or plaster of paris manufacture;

(5) Distillation of bones, coal, or wood;

(6) Explosives manufacture or storage;

(7) Fertilizer plants and/or plant food plants;

(8) Incineration or reduction of garbage, dead animals, offal, or refuse, except for municipal purposes;

(9) Packing plants or slaughter yards;

(10) Slag, stone, cinder, or coal crushing or pulverizing; and

(Prior Code, § 8.5.1) Penalty, see § 154.999

§ 154.103 CONDITIONAL EXCEPTIONS.

(B) Height permitted.

(1) Permitted building heights are as follows.

District	Normal Maximum Height
“GB,” “LI,” and “HI”	70 feet or five stories
“LB”	45 feet or four stories
“S,” “A,” and “B”	35 feet or two and one-half stories

District	Setback
“LB,” “GB,” “LI,” and “HI”	One foot for each two feet of additional height
“S,” “A,” and “B”	One foot for each foot of additional height

(Prior Code, § 8.5.1)