(A)   Conditionally permitted uses are those uses which have a particular impact on the surrounding area that cannot be predetermined and controlled by general regulations. In order to insure that these uses in their proposed locations will be compatible with surrounding development, their establishment shall not be a matter of right but may be permitted after review and approval as hereinafter provided.

   (B)   This consideration of conditional uses is particularly important. In recent years, the characteristics and impacts of an ever-increasing number of new and unique uses, together with the broadening of numerous conventional uses, have fostered the development of more 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 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. Accordingly, conditional use permits shall conform to the procedures and requirements of Chapter 150.16.

(Ord. 5-2005, passed 3-23-05; Am. Ord. 2-2014, passed 3-5-14; Am. Ord. 19-2014, passed 12-3-14)

   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 §§ 151.2003 through 151.2008. 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 the use as proposed:

   (A)   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 that such use will not essentially change the character of the same area;

   (B)   Will not be detrimental to property values in the immediate vicinity;

   (C)   Will not restrict or adversely affect the existing use of the adjacent property owners;

   (D)   Will be designed and constructed so that all access drives, access points to public streets, driveways, parking and service areas shall be in compliance with the regulations set forth in Chapter 151.32;

   (E)   Will be properly landscaped in accordance with Chapter 151.34;

   (F)   The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare;

   (G)   The hours of operation of the proposed use are similar to a use permitted in the district;

   (H)   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;

   (I)   Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;

   (J)   Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets;

   (K)   The establishment of the conditional use should not be detrimental to the economic welfare of the community by creating excessive additional requirements at public cost for public facilities such as police, fire and schools; and

   (L)   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.

(Ord. 5-2005, passed 3-23-05; Am. Ord. 2-2014, passed 3-5-14; Am. Ord. 19-2014, passed 12-3-14)

   In addition to the general criteria established in § 151.2002, the following specific conditions pertaining to each use or group of uses shall apply.

(Ord. 5-2005, passed 3-23-05; Am. Ord. 19-2014, passed 12-3-14)

   Schedule 151.2004 sets forth regulations governing minimum lot area, minimum lot width and minimum yard requirements for principal and accessory buildings and parking areas for conditional uses in residential districts. Supplemental requirements pertaining to such uses are set forth in § 151.2007, and the specific subsections are referenced in Schedule 151.2004, below.

 

   In any residential district, the percentage of a lot covered by a nonresidential use, including buildings and parking, shall not exceed 40% of the total area of the lot. The Planning Commission or City Council may approve up to 50% impervious surface if stormwater best management practices are used and the increase in impervious surface area does not negatively impact the surrounding neighborhood.

(Ord. 5-2005, passed 3-23-05; Am. Ord. 19-2014, passed 12-3-14)

   Schedule 151.2006 sets forth regulations governing minimum lot area, minimum lot width and minimum yard requirements for principal and accessory buildings and parking areas for conditional uses in a business district. Supplemental requirements pertaining to such uses are set forth in § 151.2007, and the specific divisions are referenced in Schedule 151.2006 below.

 

   The following are specific conditions, standards and regulations for certain conditional uses and are in addition to the criteria and standards set forth in §§ 151.2002, 151.2003, 151.2004, 151.2005, and 151.2006.

      (1)   All animal housing and play areas shall be located inside an enclosed building with baffled air intake and discharge.

      (2)   No operable windows shall be permitted and all fixed windows shall be double glazed.

      (3)   Outdoor exercise areas shall not be located closer than 100 feet to any residential property and shall be screened from adjacent residential properties. All outdoor exercise areas and runs shall be enclosed by a solid fence or similar enclosure as approved by the Planning Commission and/or Council.

      (4)   Unattended outdoor exercise areas shall be visually screened from other exercise areas so that dogs cannot see each other.

      (5)   No animals shall be walked or exercised in outdoor areas between the hours of 7:00 p.m. and 7:00 a.m.

      (6)   The proposed use shall not generate excessive odor or noise beyond the premises. In order to minimize any effects of the above, the Planning Commission and/or Council may impose additional noise reduction measures, including mounding, landscaping and sound barriers, to assure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District.

      (1)   Vehicle parking areas, equipment storage areas, maneuvering lanes, and access ways to public streets shall be designed to cause no interference with the safe and convenient movement of automobile traffic on and adjacent to the site.

      (2)   Display of vehicles for sale shall be located on a paved surface and shall comply with the parking setbacks according to the regulations in § 151.1207.

      (3)   No junk or inoperative vehicle shall be permitted to remain outdoors on the property for a period exceeding 72 hours.

      (4)   Lighting for all areas used for the outdoor display of automobiles shall be in accordance with a plan consistent with the lighting regulations set forth in § 151.3213(C) and approved by the Planning Commission.

      (1)   Such use may only occupy an existing structure that was previously occupied for residential purposes or a new structure that shall be residential in character.

      (2)   A maximum of four guestrooms shall be permitted and shall be located within the dwelling.

      (3)   Meals shall be provided only to guests taking lodging in the facility.

      (4)   The building shall not contain a commercial kitchen and guestrooms shall not contain cooking facilities. A common lounge area may be provided for guests.

      (1)   The facility shall be located in an enclosed building or in an area covered by a roof, unless otherwise permitted by the Planning Commission.

      (2)   The area for the facility shall be located on the lot so as to utilize the maximum amount of the lot for the purpose of containing the waiting line of cars prior to the time the cars or other vehicles are actually serviced.

      (3)   Run off from the washing of vehicles shall be directed to a sanitary drain.

      (1)   No building, including a mausoleum or crematory, shall exceed three stories or 45 feet, including all construction mechanicals.

      (2)   Burial vaults or crypts, gravestones, grave markers, monuments, statuary or bell towers and similar structures which do not exceed six feet in height shall be setback 15 feet from all property lines.

      (3)   Structures, as described in division (E)(2) above, greater than six feet in height but not exceeding 45 feet in height, shall be setback not less than 50 feet from the right-of-way line or any lot zoned and used for residential purposes abutting the cemetery property. Accessory buildings and sheds used for general maintenance of the cemetery grounds and other structures not related to a gravesite, must be setback a minimum of 50 feet from the front property line and 25 feet from the side and rear property line.

      (4)   Any building, mausoleum, crematory, or associated parking, shall be setback 50 feet from the street right-of-way line.

      (1)   Such uses shall be located on an arterial or collector street or have direct access to an arterial or collector street to minimize impacts on local streets and residential neighborhoods.

      (2)   All access drives shall be located as far as practicable from an existing intersection in order to maximize traffic safety and minimize congestion and constricted turning movements.

      (3)   Planning Commission and/or Council may require all outdoor children's activity areas to be enclosed by a fence at a height approved by the Planning Commission and/or Council.

      (4)   Outdoor activity areas shall not be located closer than 20 feet to any residential property.

      (5)   Night lighting of outdoor activity areas shall be determined upon a careful review and consideration of all site and adjacent residential property characteristics.

      (6)   All activities, programs and other events shall be directly related to the conditional use permit so granted.

      (7)   No building shall exceed three stories or 45 feet, including all construction mechanicals.

      (8)   The design of new structures or modifications to existing structures shall be visually compatible with the character of the surrounding residential neighborhood.

      (9)   Parking lots shall be in compliance with Chapter 151.32 and § 151.3408.

      (10)   Ground mounted identification signs for clubs, lodges or other assembly halls shall be permitted in compliance with the criteria set forth for ground mounted residential development identification signs in Chapter 151.30, Signs.

      (1)   Day cares located within conditionally approved churches and schools shall be permitted, if the use is clearly accessory to the principal use of the building.

      (2)   Such uses shall be located on an arterial or collector street or have direct access to an arterial or collector street to minimize impacts on local streets and residential neighborhood

      (3)   An on-site drop-off/pick-up area that will not impede traffic on or off the site shall be provided at the main entrance to the facility to ensure the safety of children and adults. Additional parking shall be provided in compliance with Chapter 151.32.

      (4)   All outdoor children's activity areas to be enclosed by a fence at a height approved by the Planning Commission and/or Council.

      (5)   The Planning Commission and/or Council may impose restrictions on the hours of operation, both indoor and outdoor.

      (6)   Such uses shall be permitted one ground mounted or wall mounted identification sign not to exceed 12 square feet in size. Ground mounted identification signs for daycares within an approved church or school shall be in compliance with the criteria set forth for ground mounted residential development identification signs in § 151.3012(A)(2) through (A)(6).

      (1)   Drive-through facilities and associated access aisles and canopies shall not be permitted to be in the front yard of any lot and shall be a minimum of 200 feet from a residential dwelling unit.

      (2)   No signage shall be permitted on the canopy covering of a drive-through facility.

      (3)   Drive-through facilities shall be in compliance with the supplemental regulations set forth for drive-through facilities and free-standing automated teller machines in § 151.1214.

      (1)   Fuel pumps and associated access aisles and canopies shall not be permitted to extend closer to the street right-of-way than 50 feet. Fuel islands must be located at least 200 feet from a residential dwelling unit.

      (2)   The only service permitted to be performed on a vehicle at a gasoline station shall be the dispensing of fuel, oil, air, and windshield wiper fluid.

      (3)   Except while being serviced at a pump island, no vehicle shall be parked between the pumps and the front property line.

      (4)   Signage shall not be permitted on the canopy covering the fuel pumps.

      (5)   A maximum of six square feet of manual or LED changeable copy shall be permitted on a permanent ground mounted sign for the display of gas prices only. LED changeable copy signs shall not incorporate flashing lights and shall not exceed 0.3 footcandles over ambient lighting conditions.

      (6)   Car washes shall be permitted as an accessory use to a gasoline station if they can accommodate only one car at a time during both the wash and dry cycles.

      (1)   Vehicular access to such uses shall be located on a major street.

      (2)   Only incidental retail sales and services shall be permitted related to a snack bar, restaurant or pro shop. Such retail and service uses shall be provided for the convenience of the patrons and no sign advertising such retail or service use shall be permitted.

      (1)   Such use shall be located on an arterial or collector street.

      (2)   Outdoor storage of ambulances and other vehicles used in the operation of the principal use may be permitted provided such storage areas shall be located in the side or rear yard in off-street parking areas.

      (3)   The minimum setbacks for individual buildings shall comply with those established in Schedule 151.2006. As part of the development plan approval for a conditional use permit, Planning Commission and/or Council may establish greater setbacks when the minimum setbacks do not provide adequate safeguards to adjoining residential property, due to topography, vegetation or building size.

      (1)   Such uses shall be located on an arterial or collector street or have direct access to an arterial or collector street to minimize impacts on local streets and residential neighborhoods.

      (2)   All access drives shall be located as far as practicable from an existing intersection in order to maximize traffic safety and minimize congestion and constricted turning movements.

      (3)   No building shall exceed three stories or 45 feet, including all construction mechanicals.

      (4)   The design of new structures or modifications to existing structures shall be visually compatible with the surrounding residential neighborhood character.

      (5)   Outdoor exhibit areas shall meet the setbacks established for parking in the district.

      (6)   Parking lots shall be in compliance with Chapter 151.32 and § 151.3408.

      (1)   A mixed use development in the LB and GB Districts shall have a minimum project size of three acres.

      (2)   The mixed use development project area shall be in one ownership or if in several ownerships, the application shall be filed jointly by all owners of the properties included in the proposed mixed use development boundaries.

      (3)   The uses permitted within a mixed use development shall be governed by the permitted uses established in the respective L-B or GB District, in which the project is located, and may also include single-family attached dwellings, single-family detached clusters, and multi-family dwellings.

      (4)   When residential uses are included in a mixed use development plan, as permitted in division (M)(2) above, such uses shall conform to the building and parking setback requirements and height regulations established for the district in which the project is located.

      (5)   Residential uses proposed as part of a mixed use development shall not exceed 50% of the total gross floor area proposed in the project in the LB or GB Districts.

      (6)   If the development is to be implemented in phases, each phase shall be presented at the time of development plan review, as required by § 150.1402, in order to demonstrate the location and mix of uses proposed for development.

      (1)   Such uses shall be located on an arterial or collector street or have direct access to an arterial or collector street without going through a residential neighborhood to lessen the impact on the residential area.

      (2)   The minimum setbacks for individual buildings shall comply with those established in Schedule 151.2006. As part of the development plan approval for a conditional use permit, Planning Commission and/or Council may establish greater setbacks when the minimum setbacks do not provide adequate safeguards to adjoining residential property, due to topography, vegetation or building size.

      (3)   The development plan shall indicate the parking and emergency entrances or exits and other safety precautions.

      (4)   Outdoor storage of vehicles used in the operation of the principal use may be permitted provided such storage areas shall be located in the side or rear yard in off-street parking areas.

      (1)   The proposed use shall not generate excessive odor, dust, or smoke beyond the premises. In order to minimize any effects of the above, the Planning Commission and/or Council may impose additional noise reduction measures, including mounding, landscaping and sound barriers, to assure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District.

      (2)   All active recreation areas shall be enclosed by a fence or similar enclosure as approved by the Planning Commission and/or Council.

      (3)   Rifle ranges, skeet shooting ranges, pistol ranges, and other activities involving the use of firearms shall not be permitted.

      (4)   Delivery trucks shall not be used as refreshment stands, souvenir stands or concession stands.

      (5)   Only retail uses that are customarily accessory and incidental to the main recreational use shall be permitted as part of the recreational area. Included as such retail uses are refreshment stands, souvenir stands, concession stands and other similar uses.

      (6)   All activities, programs and other events shall be directly related to the conditional use permit so granted, and shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.

      (1)   Parking lots shall be in compliance with Chapter 151.32 and Chapter 151.34.

      (2)   All access drives shall be located as far as practicable from an existing intersection in order to maximize traffic safety and minimize congestion and constricted turning movements.

      (3)   Surface parking shall not account for more than 40% of the lot width for lots fronting on Montgomery Road or Main Street.

      (4)   Parking structures shall be in conformance with the height requirements as established for principal building in the district.

      (5)   Parking structures shall meet the setbacks as established for the principal building in the district. Landscaping shall be in compliance with Chapter 151.34 and lighting shall be provided in accordance with Chapter 151.34.

      (6)   The design of parking structures or modifications to existing structures shall be visually compatible with the district and the surrounding residential neighborhood character.

      (1)   Such uses shall be located on an arterial or collector street or have direct access to an arterial or collector street to minimize impacts on local streets and residential neighborhoods.

      (2)   All access drives shall be located as far as practicable from an existing intersection in order to maximize traffic safety and minimize congestion and constricted turning movements.

      (3)   In any district, the Planning Commission and/or Council may require all outdoor children's activity areas to be enclosed by a fence at a height approved by the Planning Commission and/or Council. An entry gate shall be securely fastened.

      (4)   Outdoor activity areas shall not be located closer than 20 feet to any residential property. Play structures and other similar apparatus shall not be located closer than 40 feet to any residential property.

      (5)   Night lighting of outdoor activity areas shall be determined upon a careful review and consideration of all site and adjacent residential property characteristics. Places of worship must also comply with the regulations in §§ 151.3212(C) and 151.1213(B).

      (6)   No building shall exceed three stories or 45 feet, including all construction mechanicals. Church and temple steeples/spires may be erected to a height not exceeding 75 feet; provided however, in both instances, that the building is set back from each required yard at least one foot for every foot of additional building height above the height limit otherwise provided in the district where the building is built.

      (7)   When located in a residential district, the design of new structures or modifications to existing structures shall be visually compatible with the surrounding residential neighborhood character.

      (8)   All activities, programs and other events shall be directly related to the conditional use permit so granted and shall be adequately and properly supervised.

      (9)   Associated uses such as a convent, faculty residence, cafeteria, fieldhouse or infirmary shall be located on the same lot as the principal use and comply with the building setback requirements set forth in this chapter.

      (1)   The minimum setbacks for individual buildings shall comply with those established in Schedules 151.2004 and 151.2006, respectively. As part of the development plan approval for a conditional use permit, Planning Commission and/or Council may establish greater setbacks when the minimum setbacks do not provide adequate safeguards to adjoining residential property, due to topography, vegetation or building size.

      (2)   No building shall exceed three stories or 45 feet, including all construction mechanicals.

      (3)   Outdoor storage of vehicles used in the operation of the principal use may be permitted provided such storage areas shall be located in the side or rear yard in off-street parking areas. Freestanding carports which are visually compatible with the principal structure and are used for the storage of vehicles used in operation of the principal use shall be permitted in the side and rear yard, provided the carport maintains a minimum setback of 20 feet from adjoining residentially zoned property.

      (4)   When located in a residential district, the design of new structures or modifications to existing structures shall be visually compatible with the surrounding residential neighborhood character.

      (1)   The proposed use shall not generate excessive odor, dust or smoke beyond the premises. In order to minimize any effect of the above, the Planning Commission and/or Council may impose additional noise reduction measures, including mounding, landscaping and sound barriers, to assure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District.

      (2)   The minimum setbacks for individual buildings shall comply with those established in Schedule 151.2006. As part of the development plan approval for a conditional use permit, Planning Commission and/or Council may establish greater setbacks when the minimum setbacks do not provide adequate safeguards to adjoining residential property, due to topography, vegetation or building size.

      (3)   Natural or man-made barriers shall be provided to lessen any intrusion into a residential area.

      (4)   When practicable, storage of materials shall be within a completely enclosed building. Outdoor storage areas shall be enclosed by a fence or similar enclosure as approved the Planning Commission and/or Council.

      (5)   Run off from areas of outdoor storage shall be directed to a sanitary drain.

      (6)   No building shall exceed three stories or 45 feet, including all construction mechanicals.

      (7)   Outdoor storage of vehicles used in the operation of the principal use may be permitted provided such storage areas shall be located in the side or rear yard in off-street parking areas. Freestanding carports which are visually compatible with the principal structure and are used for the storage of vehicles used in operation of the principal use shall be permitted in the side and rear yard, provided the carport maintains a minimum setback of 35 feet from adjoining residentially zoned property.

      (1)   Natural or man-made barriers shall be provided to lessen any intrusion into a residential area.

      (2)   Storage of materials shall be within a completely enclosed building.

      (3)   Substations shall be located a minimum of 100 feet from any dwelling existing at the time the substation is erected.

      (1)   A retirement village may include one or more of the following types of residential facilities:

         (a)   Independent living with congregate dining facilities;

         (b)   Congregate living; or

         (c)   Assisted living.

Nursing care may be permitted as an accessory use to one or more of the above facilities in a retirement village.

      (2)   Such uses shall be located on an arterial or collector street or have direct access to an arterial or collector street without going through a residential neighborhood to lessen the impact on the residential area.

      (3)   The minimum setbacks for individual buildings shall comply with those established in Schedules 151.2004 and 151.2006, respectively. As part of the development plan approval for a conditional use permit, Planning Commission and/or Council may establish greater setbacks when the minimum setbacks do not provide adequate safeguards to adjoining residential property, due to topography, vegetation or building size.

      (4)   The design of new structures or modifications to existing structures shall be visually compatible with the surrounding residential neighborhood character.

      (5)   The development plan shall indicate the parking and emergency entrances or exits and other safety precautions.

      (1)   Such uses shall be located on an arterial or collector street or have direct access to an arterial or collector street without going through a residential neighborhood to lessen the impact on the residential area.

      (2)   All access drives shall be located as far as practicable from an existing intersection in order to maximize traffic safety and minimize congestion and constricted turning movements.

      (3)   In any district, the Planning Commission and/or Council may require all outdoor children's activity areas to be enclosed by a fence at a height approved by the Planning Commission and/or Council. An entry gate shall be securely fastened.

      (4)   All outdoor activity areas shall be setback a minimum of 50 feet from any residential property. Any outdoor activity area with night lighting shall be setback 100 feet from any residential property.

      (5)   No building shall exceed three stories or 45 feet, including all construction mechanicals.

      (6)   When located in a residential district, the design of new structures or modifications to existing structures shall be visually compatible with the surrounding residential neighborhood character.

      (7)   The minimum setbacks for individual buildings shall comply with those established in Schedules 151.2004 and 151.2006, respectively. As part of the development plan approval for a conditional use permit, Planning Commission and/or Council may establish greater setbacks when the minimum setbacks do not provide adequate safeguards to adjoining residential property, due to topography, vegetation or building size.

      (8)   A designated on-site drop-off/pickup area shall be provided at the facility.

      (9)   All activities, programs and other events shall be directly related to the conditional use permit so granted and shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or the community in general.

      (10)   Associated uses such as a stadium, cafeteria, and other similar uses shall be located on the same lot as the principal use and comply with the building setback requirements set forth in this chapter.

      (1)   All work shall be conducted entirely within an enclosed building.

      (2)   Outdoor storage of supplies, parts and merchandise shall be within an entirely enclosed building; however, an area not to exceed 200 square feet in size of outdoor storage shall be permitted, if the area is entirely screened by an opaque fence and landscaping.

      (3)   The parking of employee vehicles and vehicles waiting to be serviced or returned to the customers following service shall be parked in areas indicated for such parking on the approved site plan.

      (4)   No junk, inoperable or unlicensed vehicles may be stored on site.

(Ord. 5-2005, passed 3-23-05; Am. Ord. 16-2013, passed 11-6-13; Am. Ord. 19-2014, passed 12-3-14)

   Accessory buildings for storage 576 square feet or less may be set back a minimum of 15 feet from the side or rear property line when abutting a residential use or district and ten feet when abutting an office or commercial district. Buildings over 576 square feet must meet the setbacks of principal buildings. Accessory buildings are not permitted in the front yard.

(Ord. 5-2005, passed 3-23-05; Am. Ord. 19-2014, passed 12-3-14)

   Accessory buildings for storage in the Office and Commercial Districts shall meet the setback requirements established in § 151.1211(A).

(Ord. 19-2014, passed 12-3-14)