Bryan City Zoning Code
CHAPTER 1163
Conditional Use Regulations
1163.01 PURPOSE.
(a) Conditional uses need to be adequately monitored in order to ensure that the use and its operational aspects are indeed appropriate in the specific location in which the use is proposed. Such monitoring is necessary because the external impacts of a particular use are either sufficiently varied or indeterminable in advance, making it possible that, without the Planning Commission's review, a particular use could be inappropriate in certain locations within the district.
(b) Ensure that conditional uses are reviewed in a reasonable and equitable manner, while safeguarding the property rights of all individuals and the health, safety, and general welfare of the community. Provide for more detailed evaluation of each use listed as a conditional use in a specific district with respect to such considerations as location, design, size, method(s) of operation, intensity of use, requirements for public facilities and traffic generation.
(Ord. 62-2023. Passed 1-16-24.)
1163.02 GENERAL CRITERIA FOR ALL CONDITIONAL USES.
(b) A conditional use, and uses accessory to such conditional use, shall be permitted in a district only when specified as a conditional use in such district, and only if such use conforms to the following general criteria, which are in addition to specific conditions, standards and regulations set forth in Section 1163.03 and Chapter 1161.
(c) The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following criteria and shall find adequate evidence that:
(1) The conditional use will be designed, constructed, operated and maintained so as to be harmonious and appropriate with the prevailing existing or intended character of the general vicinity.
(2) The establishment, maintenance or operation of the conditional use will not endanger the public health, safety or general welfare.
(3) The conditional use will not be more hazardous or more disturbing to the existing and future use and enjoyment of properties in the immediate vicinity than uses that are permitted by right, nor substantially diminish or impair property values within the neighborhood.
(4) The establishment of the conditional use in the proposed location will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(5) There is minimal potential for future hardship on the conditional use that could result from the proposed use being surrounded by uses permitted by right that may be incompatible.
(d) Nothing in these regulations shall prohibit the Planning Commission from prescribing reasonable supplementary conditions and safeguards in addition to these requirements in order to ensure compliance with the criteria set forth in this Section. Conditions may include limitations on noise beyond the property lines, hours of operation, paving to limit the creation of dust, additional fences, walls or shrubs, etc.
(Ord. 62-2023. Passed 1-16-24.)
1163.03 DEVELOPMENT STANDARDS FOR CONDITIONAL USES.
(a) Conformance with District Regulations. A conditional use shall conform to the regulations of the district in which it is located and to other substantive requirements of this Planning and Zoning Code, as well as satisfy the conditions, standards and requirements of this Chapter. Whenever there is a difference between the provisions of the conditional use regulations and the district regulations, the provisions of this Chapter shall prevail, unless clearly indicated differently in the regulations.
(b) The following regulations shall modify the minimum lot, yard, and parking location requirements for the listed conditional use permit:
Conditional Use | District Type a | Min. Lot Regulations | Min. Building Setbacks | Min. Parking Setbacks | |||
Area | Width | Front | Side/Rear | Front | Side/Rear | ||
Agriculture | R | 1 acre | (1) | (1) | (1) | (2) | (3) |
Airport | I | 5 acres | 250 ft | - | - | - | - |
Auto Sales and Rental | C & I | 1 acre | 150 ft | - | - | - | - |
Bed and Breakfast | R | (1) | (1) | (1) | (1) | (2) | (3) |
Cemetery | R | 10 ac. | 400 ft | (1) | 40 ft | NP | 20 ft |
Church/Worship Place | R | 1 acre | 150 ft | (1) | 40 ft | NP | 15 ft |
Commercial Recreation, Outdoor | C | 2 acres | 200 ft | - | - | - | - |
Concrete Mixing | I | 5 acres | 250 ft | - | - | - | - |
Congregate Care Facility | R | 5 acres | 400 ft | 50 ft | (1) | NP | 20 ft |
Congregate Care Facility | C | 2 acres | 200 ft | - | - | - | - |
Construction Trade Contractor’s Facility | I | 1 acre | 150 ft | - | - | - | - |
Day Care, Child or Adult | R | 1 acre | 150 ft | (1) | 40 ft | NP | 15 ft |
Drive Thru Associated with Permitted Use | C | 1 acre | 150 ft | - | - | - | - |
Family Home for Handicapped Persons | R | (1) | (1) | (1) | (1) | (2) | (3) |
Farm Implementation/RV Sales | C | 2 acres | 200 ft | - | - | - | - |
Gasoline Station | C | 1 acre | 150 ft | - | - | - | - |
Golf Course, except miniature golf | R | 25 ac. | 400 ft | 50 ft | 40 ft | NP | 20 ft |
Group Home for Handicapped Persons | R | 15,000 sf | 100 ft | (1) | (1) | NP | 15 ft |
Hospital | R | 5 acres | 400 ft | 50 ft | (1) | NP | 20 ft |
Hospital | C & I | 2 acres | 200 ft | - | - | - | - |
Junkyard | I | 20 ac. | 250 ft | - | - | - | - |
Library or Museum | R | 1 acre | 150 ft | (1) | 40 ft | NP | 15 ft |
Manufacturing Using Raw Materials and/or Processing Explosive Materials | I | 5 acres | 250 ft | - | - | - | - |
Mineral Excavation/Quarry | I | 20 ac. | 250 ft | - | - | - | - |
Mini-Self Storage | I | 2 acres | 200 ft | - | - | - | - |
Mobile/Manufactured Home Sales | I | 2 acres | 200 ft | - | - | - | - |
Outdoor Operations Including Outdoor Storage | I | 1 acre | 150 ft | - | - | - | - |
Outdoor Storage of Goods and Merchandise | C | 1 acre | 150 ft | - | - | - | - |
Public Recreational Areas | R | 1 acre | 150 ft | (1) | 40 ft | NP | 15 ft |
Public Safety Facility | R | 1 acre | 150 ft | (1) | 40 ft | NP | 15 ft |
Public Transportation Terminal | C & I | 2 acres | 200 ft | - | - | - | - |
Public Utility Structure | R & C | None | None | (1) | 40 ft | NP | 15 ft |
Recreational Vehicle Park | C | 5 acres | 200 ft | - | - | - | - |
Sales, Service, Repair, and/or Storage of Farm Implement, Construction Equipment, RVs, or Other Large Equipment | I | 2 acres | 200 ft | - | - | - | - |
School Facility | R | 1 acre | 150 ft | (1) | 40 ft | NP | 15 ft |
Slaughterhouse | I | 5 acres | 250 ft | - | - | - | - |
Vehicle Repair Garage | C & I | 1 acre | 150 ft | - | - | - | - |
a R District Types shall include R-1, R-2, R-3. C District Types shall include C-1, C-2, C-3. I District Types shall include MU, I-1, I-2. (1) Shall comply with the regulations for the district in which the use is located. (2) Parking spaces for more than two (2) vehicles shall be located in the rear yard. (3) Shall comply with the side yard setback requirements for principal buildings. NP = Not Permitted - = Not Applicable | |||||||
(Ord. 62-2023. Passed 1-16-24.)