The provisions of this chapter apply to the location, maintenance and administration of any and all conditional uses.

(Ord. 186-91. Passed 10-15-92.)

   In recent years, the characteristics and impacts of an ever-increasing number of new and unique uses, together with the broadening and mixing of numerous conventional uses, have fostered the need for the flexible regulations designed to accommodate these activities in a reasonable and equitable manner, while safeguarding both the property rights of all individuals and the health, safety and general welfare of the community.

   Toward these ends, it is recognized that this Zoning Code should provide for more detailed evaluation of each use conditionally permissible in a specific district with respect to such considerations as location, design, size, method of operation, intensity of use, public facilities requirements and traffic generation. Accordingly, conditional use permits shall conform to the procedures and requirements of this chapter.

(Ord. 186-91. Passed 10-15-92.)

   Any owner of property (or an owner's agent) for which a conditional use is proposed shall complete an application for a conditional use permit and submit it to the Zoning Administrator, who shall transmit it (when complete with all of the required information) to the Board of Zoning Appeals within seven days. At a minimum, the application shall contain the following information:

   (a)   The name, address and telephone number of the applicant;

   (b)   A legal description of the property;

   (c)   The zoning district;

   (d)   A description of the existing use;

   (e)   A description of the proposed conditional use;

   (f)   A plan of the site for the proposed conditional use showing the location of all property lines, structures, parking and loading areas, streets and traffic accesses, open spaces, refuse and service areas, utilities, signs, yards, landscaping features and such other information as the Board may require;

   (g)   A list containing the names and mailing addresses of all owners of any property that has any lot line located within 200 feet of any property line of the property in question.

   (h)   A fee, as established by ordinance of Council; and

   (i)   A narrative addressing each of the applicable standards and criteria contained in Sections 1254.04, 1254.05 and 1254.06.

(Ord. 186-91. Passed 10-15-92.)

   In addition to the minimum application requirements for conditionally permitted uses, as specified in Section 1254.03, the Board of Zoning Appeals shall review the particular facts and circumstances of each proposed use, in terms of the following standards, and shall find adequate evidence showing that such use at the proposed location:

   (a)   Is in fact a conditional use, according to the Official Schedule of District Regulations provided in Section 1248.07 adopted for the zoning district involved;

   (b)   Will be in accordance with the general objectives and any specific objectives of this Zoning Code;

   (c)   Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the same area;

   (d)   Will not be hazardous or disturbing to existing or future neighboring uses;

   (e)   Will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewerage and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any such services;

   (f)   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

   (g)   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, dust, smoke, fumes, glare or odors;

   (h)   Will have vehicular approaches to the property that will be so designed as not to create an interference with traffic on surrounding public streets; and

   (i)   Will not result in the destruction, loss or damage of a natural, scenic and/or historic feature of major importance.

(Ord. 186-91. Passed 10-15-92.)

   All conditional use structures shall be compatible with the general design scheme of existing structures in the area. Screening and plantings are required to buffer any non-building structures from adjacent residential uses. All parking shall be off-street. All sign, lot area, setback, lot coverage and other requirements of the district, plus requirements of the Fire Prevention Code (certified by the appropriate official), shall be met.

(Ord. 186-91. Passed 10-15-92.)

   The following are specific conditional use criteria and requirements for selected uses conditionally permitted in this Zoning Code. Nothing in this section shall prohibit the Board of Zoning Appeals from prescribing additional supplementary conditions and safeguards, in accordance with this chapter. For each of the following conditional uses, the applicant shall submit a parking and circulation plan to the Board of Zoning Appeals for approval. The design, location and nature of the parking areas and vehicular approaches and lanes shall promote safety, reduce congestion and minimize the impact of such conditional uses on any adjacent property, including the separation of incoming and outgoing vehicles and the provision of a safe drop-off point for passengers that will not impede the traffic flow of other motor vehicles.

   (a)   Bed and Breakfast Facilities.

      (1)   No more than three adults shall occupy each sleeping room. Children of the adults are permitted in the same occupancy, provided that no more than five persons occupy one room.

      (2)   As a transient facility, guests shall reside at the home for not longer than two continuous weeks.

      (3)   The facility should contain no more than six sleeping rooms for guests.

   (b)   Boarding Houses. No more than two persons shall occupy each sleeping room.

   (c)   Businesses (Office-Type). For office-type businesses, such as the office of an attorney, architect, accountant, engineer or insurance agency, or a real estate, tax preparation, bookkeeping or similar business, the Board of Zoning Appeals may increase the number of required off-street parking spaces on the basis of the nature of the office.

   (d)   Cemeteries.

      (1)   The site shall have direct access to a major thoroughfare that the Board of Zoning Appeals determines is adequate to serve the size of the facility proposed.

      (2)   Any new cemetery shall be located on a site containing not less than five acres.

      (3)   All buildings, including mausoleums and maintenance facilities, shall be located not closer than fifty feet to any property line.

      (4)   All graves or burial lots shall be set back not less than twenty feet from any property line.

   (e)   Churches.

      (1)   The church building shall be set back from any adjacent residential property line a minimum of fifty feet.

      (2)   Parking is not permitted within twenty feet of any adjacent property line.

      (3)   Although a cemetery may be related to a church, it is not necessarily part of a church and must qualify for a conditional use permit on its own merits.

   (f)   Day Care Centers, Adult and/or Child (Except Type D). Outdoor areas (such as playgrounds, tot lots and exercise areas) shall be fully enclosed by a fence, the height and design of which shall be approved by the Board of Zoning Appeals.

   (g)   Dormitories. No more than two persons shall occupy each sleeping room.

   (h)   Rooming Houses. No more than two persons shall occupy each sleeping room.

   (i)   Specialized Animal Care Facilities.

      (1)   Outdoor pens and exercise runs shall be kept in a clean and sanitary condition and shall be screened from public view according to a screening plan approved by the Board of Zoning Appeals.

      (2)   Sanitation practices shall be adequate to ensure that objectionable odors shall not be noticeable either on or off the lot.

      (3)   The applicant shall provide a written statement to be approved by the Board as to the measures and practices, such as building design and the management or rotation of animals in outdoor exercise runs, that will be taken to reduce noise levels.

      (4)   No dead animals shall be buried on the premises, and incineration of dead animals shall not create either odors or smoke.

   (j)   Tourist Homes.

      (1)   No more than two adults shall occupy each sleeping room. Children of the adults are permitted in the same occupancy, provided that no more than five persons occupy one room.

      (2)   As a transient facility, guests shall reside at the home for not longer than two continuous weeks.

      (3)   The facility should contain no more than six sleeping rooms for guests.

   (k)   Veterinary Facilities.

      (1)   Outdoor pens and exercise runs shall be kept in a clean and sanitary condition and shall be screened from public view according to a screening plan approved by the Board of Zoning Appeals.

      (2)   Sanitation practices shall be adequate to ensure that objectionable odors shall not be noticeable either on or off the lot.

      (3)   The applicant shall provide a written statement to be approved by the Board as to measures and practices, such as building design and the management or rotation of animals in outdoor exercise runs, that will be taken to reduce noise levels.

      (4)   No dead animals shall be buried on the premises, and incineration of dead animals shall not create either odors or smoke.

   (l)   Pet Crematory. A pet crematory may be located in London. The operator must be licensed through the state and be inspected by the EPA on a regular basis. The pet crematory is allowed under a Conditional Use Permit, M-2 and PUD.

(Ord. 186-91. Passed 10-15-92; Ord. 192-02. Passed 2-6-03.)

   (a)   The Board of Zoning Appeals shall hold a public hearing within forty days after it receives a valid application for a conditional use permit. Property owners within 200 feet will be notified of such public hearing.

(Ord. 133-98. Passed 4-2-98.)

   (b)   Before conducting the public hearing provided for in subsection (a) hereof, notice of such hearing shall be given in one or more newspapers of general circulation in the City at least ten days before the date of such hearing. The notice shall set forth the time and place of the hearing and provide a summary explanation of the conditional use proposed.

   (c)   At least ten days prior to conducting the public hearing provided for in subsection (a) hereof, written notice of such hearing shall be sent by first class mail by the Zoning Administrator to all property owners listed in the application. The notice shall contain the same information as provided in subsection (b) hereof for notices published in newspapers.

(Ord. 186-91. Passed 10-15-92.)

   Within thirty days after the date of the public hearing required in Section 1254.07(a), the Board of Zoning Appeals shall take one of the following actions:

   (a)   Approve issuance of the conditional use permit by making an affirmative finding, in writing, that the proposed conditional use is to be located in a district in which such use may be conditionally permitted, that all conditions for approval of such use in such district have been met and that the use will not result in significant negative impacts upon, or conflict with, surrounding uses. Such written finding may also prescribe supplementary conditions and safeguards, as specified in Section 1254.09. Upon making this affirmative finding, the Board shall direct the Zoning Administrator to issue a conditional use permit for such use, and such permit shall list all conditions and safeguards specified by the Board for approval.

   (b)   Make a written finding that the application is deficient in information or is in need of modification and is being returned to the applicant for completion and resubmission. Such finding shall specify the information and/or modifications that are deemed necessary. A second newspaper publication and mailing to property owners may be required. A second fee is required.

   (c)   Make a written finding that the application is denied and specifying the reasons for disapproval. If an application is disapproved by the Board, the applicant may seek relief through the courts, as provided by law.

(Ord. 186-91. Passed 10-15-92.)

   In granting approval of any conditional use, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformance with this Zoning Code. Any violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Zoning Code.

(Ord. 186-91. Passed 10-15-92.)

   A conditional use permit shall be deemed to authorize only one particular conditional use. The permit shall automatically expire if such conditionally permitted use has not been begun, instituted or utilized within one year of the date on which the permit was issued. If (for any reason other than substantial delay caused by governmental action) such use shall cease for more than two years, the permit shall expire automatically.

(Ord. 186-91. Passed 10-15-92.)