The regulations set forth or identified in this chapter are provided to establish procedures, criteria and conditions which shall be met before the Board of Zoning Appeals may approve a conditional use to the terms of this chapter.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   (A)   A person desiring conditional use approval shall submit a written application for such approval with the Director.

   (B)   An application for approval shall:

      (1)   Be made on the forms available at the office of the Board and be signed by the owner of the property subject to the conditional use request (“subject property”) or by a person who has been authorized to sign the form by the owner. If the form is signed by a person other than the owner, the person must submit written documentation of his or her authority to sign the form (such as, a letter from the owner which states that the person has been authorized to sign the form);

      (2)   Identify the specific conditional use requested;

      (3)   Be presented to the Director in duplicate;

      (4)   Be accompanied by two copies of an area map which shows the location of the subject property, the locations of related public and utility facilities (such as, schools, sewer and the like), and the relationship of the subject property to the thoroughfare plans for the area;

      (5)   Be accompanied by two copies of a site plan, drawn to an appropriate scale, which shows:

         (a)   The subject property;

         (b)   The location of all existing and proposed buildings, structures and improvements to be made to the subject property, including drainage and erosion control facilities and features;

         (c)   Accurate dimensions of the parcel, buildings, parking areas and ingress/egress driveways;

         (d)   Location, owner of record, zoning and use of adjacent properties, including the location, size and use of all structures within 50 feet of the subject property;

         (e)   Location, right-of-way and pavement width of all streets adjacent to the subject property;

         (f)   Proposed connections to public utilities; and

         (g)   Landscaping improvements.

      (6)   Be accompanied by any other information reasonably required by the Director; and

      (7)   Be accompanied by the fee established by the Plan Commission.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   Applications for conditional use approval shall be considered in accordance with the following procedures.

   (A)   Within 30 days after receiving a complete application, the Director shall schedule and announce the date and time of the Board’s hearing on the application. At the time the hearing is scheduled, the Director shall provide the applicant with written notice of the hearing date and time.

   (B)   Prior to the Board’s hearing on the application, the Director shall review the application for compliance with this chapter. Following such review and prior to the hearing, the Director shall prepare and provide the Board and the applicant with the Director’s written comments and recommendation on the application, including the Director’s opinion as to any effect which the proposed conditional use might have upon the Comprehensive Plan.

   (C)   The Board, and its representatives, at its discretion, may visit the subject property at any reasonable time during the review process.

   (D)   Notice of the Board’s hearing on the application for conditional use approval shall be published in two local newspapers of general circulation at least ten days prior to the hearing, in accordance with I.C. 5-3-1.

   (E)   At least ten days prior to the Board's hearing on the application for conditional use approval, the Planning Director, in the manner prescribed in the Board’s rules of procedure, shall notify all interested parties of the public hearing by certified mail.

   (F)   At least ten days prior to the Board’s hearing on the application for conditional use approval, the Planning Director shall post and maintain a sign on the subject property notifying those passing the property that a request for conditional use approval for the property has been made. The sign shall be provided to the applicant by the Director. The cost of the sign shall be borne by the applicant.

   (G)   The Board shall conduct a public hearing on the application for special exception approval in accordance with the Board’s rules of procedure.

   (H)   Following the Board’s hearing on the application for conditional use approval, the Board shall take action on the applicant’s application. The Board may approve the application, approve the application with conditions or deny the application.

   (I)   The Board shall make written findings of fact in support of its decision. The Director shall promptly provide the applicant with a copy of the Board’s written findings.

   (J)   If the Board approves the application for conditional use approval, the Director may issue the applicant an improvement location permit and/or land use certificate subject to the conditions of conditional use approval and the provisions of the ordinance.

   (K)   If the Board denies the application for conditional use approval, the applicant may file an amended application. If the amended application is filed within six months of the Board’s denial of the original application, the applicant shall not be charged an application fee.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   The Board shall have the authority to require an applicant to perform an environmental impact study of the area in which the use is proposed and to submit the results of the study to the Board.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   In order for a conditional use to be approved, the Board must find that:

   (A)   The requested conditional use is one of the conditional uses listed in the zoning district in which the subject property is located. In addition to the other relevant standards imposed by or pursuant to this chapter, the standards, uses and conditions set forth in § 155.182 of this subchapter are hereby incorporated as standards, uses and conditions of this chapter;

   (B)   All conditions, regulations and development standards required in this chapter shall be satisfied;

   (C)   Granting the conditional use shall not conflict with the general purposes of this chapter or with the goals and objectives of the Comprehensive Plan;

   (D)   The conditional use property can be served with adequate utilities, access streets, drainage and other necessary facilities;

   (E)   The conditional use shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or persons, and shall comply with performance standards delineated in this chapter;

   (F)   The conditional use shall be situated, oriented and landscaped (including buffering) to produce a harmonious relationship of buildings and grounds with adjacent structures, property and uses;

   (G)   The conditional use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood;

   (H)   The conditional use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood; and

   (I)   All permits required by other federal, state and local agencies have been obtained.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   All conditional use approvals shall be considered approvals. The Board shall have the authority to impose specific conditions as part of its approval in order to protect the public health, and for reasons of safety, comfort and convenience (such as, to ensure compatibility with surroundings). A conditional use approval may be denied or revoked where the applicant fails to comply with specific conditions made a part of the approval by the Board, or fails to comply with a reasonable request of the Board or the Director for furnishing specific information related to the proposed use. Failure to comply with the conditions of approval shall constitute a violation of this chapter.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   (A)   If there are other valid reasons for denying a conditional use application, the denial may be sustained even if the proposed conditional use constitutes the highest and best use which can be made of the subject property.

   (B)   The Board may not deny a permit solely for the purpose of limiting the number of similar uses in an area. However, the Board may require that reasonable minimum distances be maintained between similar uses as a condition of approval.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

         (a)   The operator shall reside on the property;

         (b)   The establishment shall maintain a maximum of three guest rooms;

         (c)   The establishment shall provide one parking space per guest room in addition to the spaces required for the dwelling unit; and

         (d)   The building and its parking facilities shall be designed for compatibility with the surrounding properties.

         (a)   Proof of licensing or exemption from the state shall be presented with the application;

         (b)   Operator shall be responsible for compliance with all applicable city ordinances and state and federal statutes and regulations;

         (c)   The center shall be screened from adjacent properties with a fence or vegetative buffer, and an adequate fenced play area shall be provided;

         (d)   The minimum lot size shall be 15,000 square feet or the minimum lot size for the district, whichever is greater;

         (e)   Site design and supervision characteristics shall insure that the peace and safety of the surrounding area shall not be impaired;

         (f)   No center shall be approved within 500 feet of another center; and

         (g)   If located in a residential zone or subdivision, the center shall be located adjacent to the arterial street used by the subdivision for access and have, if possible, a separate entrance for ingress and egress to the center and/or adequate parking on the lot where the center is located.

         (a)   Structures shall be located so as to minimize impacts on adjacent property and the character of the streetscape;

         (b)   Design of maneuvering and stacking aisles shall not interfere with circulation or visibility for traffic either on or off site and shall be designed to minimize headlight glare to adjacent property and streets. Applicant shall provide reasonable estimates of peak stack needs and accommodate those needs on the site plan; and

         (c)   The radius and width of maneuvering areas shall be as required by Planning Department and Highway Superintendent.

         (a)   Design of the structure and site shall be compatible with the surrounding area; and

         (b)   Facilities shall have adequate access to collector or arterial streets and traffic shall not travel through a residential neighborhood on local streets.

         (a)   The design of the site and structure, and the intensity of use and population density shall be compatible with the surrounding area;

         (b)   Adequate access is provided to a street classified as a collector or arterial;

         (c)   Peace and safety of the surrounding area shall not be impaired; and

         (d)   If located in a residential zone or subdivision, the center shall be located adjacent to the arterial street used by the subdivision for access and have, if possible, a separate entrance for ingress and egress to the center and/or adequate parking on the lot where the center is located.

         (a)   Applicant shall demonstrate to the Board’s satisfaction that the proposed use is a retail, restaurant, tavern, gasoline service station or business or consumer-oriented office/service use, and the proposed use will serve primarily the industries of the district in which they are located, and/or their employees;

         (b)   A maximum of 10% of the total area of an industrial property may be occupied by such uses; and

         (c)   Individual retail enterprises shall be limited to a maximum floor area of 3,000 square feet.

         (a)   The following uses may be approved as a conditional use:

            1.   Petrochemical facilities;

            2.   Manufacture of chemicals and chemical products;

            3.   Processing of meat, poultry, or seafood and other agricultural products, solid waste disposal;

            4.   Manufacture of paper products;

            5.   Manufacture of paving material and concrete block;

            6.   Motor or bus terminal;

            7.   Pharmaceuticals other than light manufacturing; and

            8.   Metal fabrication other than light manufacturing.

         (b)   Compliance with the Comprehensive Plan and its impact upon development objectives of the plan, including review by the Plan Commission and recommendation to the Board of Zoning Appeals;

         (c)   Proposed use shall not present undue risk of fire, explosion or release of harmful materials;

         (d)   Applicant shall submit data which details the environmental and other effects of proposed use and which quantifies the potential risks in terms of noise, dust, odor, traffic, and discharges to the air, ground water, or surface water. Statement shall be certified by a professional engineer (PE) and presented to the Board at time of application;

         (e)   The Board may require mitigation measures such as careful arrangement of buildings and uses on the site, a means of reducing noise and emissions, and may require screening or setbacks greater than normally required; and

         (f)   Board may require post-construction testing or inspection at appropriate times and intervals to ensure ongoing compliance with the applicant’s representations of impact and any required mitigation measures.

         (a)   Yards may be set back from side and rear lot lines not less than one-half the setback required for buildings on the lot if such lot lines do not abut residential use or zoning. If adjacent to residential use or zoning, such yards must meet the required building setback; and

         (b)   Shall be screened so as to mitigate the appearance and impact of the proposed storage use and its level of activity, in a manner consistent with the purposes of the district.

         (a)   Shall have adequate access to collector or arterial streets; and

         (b)   Design of the structure and the site shall be compatible with the surrounding area.

         (a)   Facilities shall have adequate access to collector or arterial streets and traffic shall not travel through residential neighborhood on local streets; and

         (b)   Design and location of any structure and the design of the site shall be such that adjacent properties shall not be subjected to offensive noise, lights, odors, or flying objects.

         (a)   Proposed facility shall be located on a site of minimum 15,000 square feet, or minimum lot size of the district, whichever is greater;

         (b)   Adequate access shall be provided to collector or arterial streets and traffic shall not travel through residential neighborhoods on local streets; and

         (c)   The design of structure and site, hours of operation, and intensity of use, shall be compatible with the surrounding area.

         (a)   Shall be located on a site not less than two acres in size;

         (b)   Access to site shall be such that traffic and funeral processions to site will create a minimum of interference with normal traffic operations in the area;

         (c)   The design of the site and any structures shall be compatible with the surrounding area; and

         (d)   All structures shall be set back from any property line a minimum of 35 feet and all graves and burial plots shall be set back a minimum of 25 feet from any property line.

         (a)   Site of the proposed facility shall be a minimum of 5,000 square feet;

         (b)   Adequate access shall be provided to a street classified collector or arterial and traffic shall not travel through residential neighborhoods on local streets;

         (c)   Design of site and structure shall be compatible with surrounding uses; and

         (d)   Access to proposed site shall be such that traffic and funeral processions will create a minimum of interference with normal traffic operations in the area.

         (a)   The use shall be accessory to a grocery store having at least 1,500 square feet devoted to food sales. The use shall be limited to one dispensing nozzle for each grade of gasoline offered;

         (b)   Adequate access shall be provided from a collector or arterial street;

         (c)   Pump island shall not eliminate or interfere with required off-street parking spaces or access thereto;

         (d)   Adequate stacking space shall be available at the pump island and shall not interfere with traffic safety on the site or adjacent roadway; and

         (e)   Design of site and structure shall be compatible with surrounding area.

         (a)   Adequate access is provided to a collector or arterial street;

         (b)   Design of site and structure, and the intensity of use and population density shall be compatible with surrounding area; and

         (c)   Site design and supervision characteristics shall ensure that the peace and safety of the surrounding area shall not be impaired.

         (a)   No more than 50% of the parking spaces required for a building or use may be supplied by parking facilities required for any other building or use;

         (b)   Total parking provided shall be sufficient to meet the requirements of the greatest combined peak parking demands. The Board may require such evidence as it deems necessary to establish parking demands;

         (c)   The Board shall require the owners of the properties included in the conditional use request to make a written commitment guaranteeing that the parking spaces shall be maintained as stipulated in the approval so long as parking is required for either of the properties or until the required parking is provided elsewhere in accordance with the provisions of this chapter. Such instrument shall be recorded by the property owners with the County Recorder and a copy filed with the Planning Department; and

         (d)   The commitment required above may be modified or terminated only by order of the Board.

         (a)   The off-site parking facility is within a reasonable walking distance of said structure or use in consideration of the use;

         (b)   Such parking facility is located in a zoning district where such parking facilities are allowed as a permitted or conditional use;

         (c)   The Board shall require the owners of the properties included in the conditional use request to make a written commitment guaranteeing that the parking spaces shall be maintained as stipulated in the approval so long as parking is required for the property or until the required parking is provided elsewhere in accordance with the provisions of this chapter, and prohibiting any other use of the lot which is used for off-site parking. Such instrument shall be recorded by the property owners with the County Recorder and a copy filed with the Planning Department; and

         (d)   The commitment required above may be modified or terminated only by order of the Board.

         (a)   The site must have direct access to an arterial road as identified on the functional street classification map. In addition to the required setbacks from the streets and highways, all yards shall be planted and maintained as a landscaped strip;

         (b)   The theater viewing screen shall not be visible from any public street within 1,500 feet of the screen. In addition, cars parked in the viewing area shall be screened on all sides by a wall, fence or densely planted evergreen hedge not less than six feet in height;

         (c)   Loading space for patrons waiting for admission to the theater shall be equal to 20% of the capacity of the theater. All entrances and exits shall be separated, and internal circulation shall be laid out to provide one-way traffic;

         (d)   Sale or refreshments shall be limited to patrons of the theater. Amusement parks or kiddylands shall be accessible only to patrons of the theater;

         (e)   All parking areas and access ways shall be adequately lighted; provided, however, that such lighting shall be shielded to prevent any glare or reflection onto a public street or onto neighboring properties; and

         (f)   No central loudspeakers shall be permitted.

         (a)   Architecture and site design shall be compatible with the surroundings and with the purpose of the BP District;

         (b)   Truck parking, loading areas and outdoor mechanicals of any kind shall be adequately screened in a manner compatible with the surroundings;

         (c)   The design of the access route to the facility must be suitable for truck traffic; and

         (d)   Outdoor processes and/or storage are prohibited.

         (a)   The required building setbacks shall be applied to all boats stored outside; and

         (b)   All boats stored outside of enclosed buildings shall be screened from adjoining properties by a double staggered row of evergreen trees or a six-foot high opaque fence or wall.

         (a)   Design of the structure and site shall be compatible with the surrounding area;

         (b)   Outdoor group activities shall not be allowed after 10:00 p.m.; and

         (c)   Facilities shall have adequate access to collector or arterial streets and traffic shall not travel through a residential neighborhood on local streets.

         (a)   The site must have direct access to an arterial road as identified on the functional street classification map. In addition to the required setbacks from the streets and highways, all yards shall be planted and maintained as a landscaped strip;

         (b)   Cars parked in the viewing area shall be screened on all sides by a wall, fence or densely planted evergreen hedge not less than six feet in height;

         (c)   Loading space for patrons waiting for admission to the theater shall be equal to 20% of the capacity of the theater. All entrances and exits shall be separated, and internal circulation shall be laid out to provide one-way traffic;

         (d)   Sale of refreshments shall be limited to patrons of the theater. Amusement parks or kiddy lands shall be accessible only to patrons of the theater;

         (e)   All parking areas and access ways shall be adequately lighted; provided, however, that such lighting shall be shielded to prevent any glare or reflection onto a public street or onto neighboring properties; and

         (f)   No central loudspeakers shall be permitted.

      (1)   In the case of a new construction or modifications to an existing structure:

         (a)   Two years after the date granted by the Board of Zoning Appeals, unless a building permit has been obtained and construction of the structure or structures has commences; and

         (b)   At the date of termination established by the Board of Zoning Appeals as a condition or commitment if different from subsection (a) above.

      (2)   In the case of occupancy of land which does not involve new construction:

         (a)   Two years after the date granted by the Board of Zoning Appeals, unless an occupancy permit has been obtained and the use has commenced; or

         (b)   At the date of termination established by the Board of Zoning Appeals as a condition or commitment if different from subsection (a) above.

      (3)   If an appeal by writ or certiorari is taken from an order granting a conditional use, the time during which such appeal is pending shall not be counted in determining whether a conditional use or order has expired under subsections (1) or (2) above.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003; BC Ord. 2004-19, passed 7-14-2004) Penalty, see § 155.999

   The Board may grant conditional use status to a pre-existing nonconforming use in accordance with the following procedures and standards:

   (A)   An applicant for conditional use approval shall file an application for site plan review in accordance with these regulations. The application shall be considered in accordance with the procedures set forth in this subchapter.

   (B)   To be eligible for conditional use approval, the applicant must demonstrate and agree to continued compliance with the following standards:

      (1)   The proposed conditional use is a pre-existing and nonconforming use (or building or structure);

      (2)   The general performance standards set forth in these regulations; and

      (3)   The use (or building or structure) will not be expanded, enlarged or changed.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003) Penalty, see § 155.999

   The permitted land use table which can be found in the Clerk’s office sets forth the zones or districts in which specific conditional uses are permitted subject to the provisions of this chapter.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)