(a)   Conditional uses are a classification of uses that are determined to generally be compatible in the district in which they are listed as a conditional use. However, this category of uses is so classified because of the need to adequately monitor the proposed use 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)   These regulations are intended to 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. 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. In considering a proposed conditional use, the Planning Commission may assign reasonable requirements to ensure that the proposed development is appropriate in the location in which it is proposed. Accordingly, conditional use applications shall conform to the procedures and requirements of Chapter 1258, Administrative Procedures.

(Ord. 2009-17. Passed 9-15-2009.)

   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 Sections 1294.03 through 1294.07. 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:

   (a)   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.

   (b)   The establishment, maintenance, or operation of the conditional use will not endanger the public health, safety, or general welfare.

   (c)   The establishment will not restrict or adversely affect the existing use of the adjacent property owners.

   (d)   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.

   (e)   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.

   In addition to the general criteria established in Section 1294.02, the following specific conditions shall apply.

   (a)   Supplementary Conditions and Safeguards. Nothing in these regulations shall prohibit the Planning Commission from prescribing reasonable supplementary conditions and safeguards in addition to the requirements in this chapter in order to ensure compliance with the criteria set forth in Section 1294.02.

   (b)   Conformance with District Regulations. A conditional use shall conform to the regulations of the district in which it is located and to other requirements of this 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.

   (c)   Overall Development Standards.

      (1)   No lighting shall constitute a nuisance and in no way shall impair safe movement of traffic on any street or highway. All outside lighting shall comply with the lighting requirements set forth in Chapter 1298, Landscaping, Screening, and Outdoor Lighting Regulations.

      (2)   Floodlights, loudspeakers or similar devices shall not be constructed or used in any manner that will cause hazards or annoyance to the public generally or to the occupants of adjacent property.

      (3)   Landscaping and buffering shall be provided in compliance with Chapter 1298, Landscaping, Screening, and Outdoor Lighting Regulations.

      (4)   The proposed use shall not generate excessive noise, odor, dust, or smoke beyond the premises. In order to minimize any effects of the above, the Planning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the district in which the conditional use is proposed.

      (5)   The conditional use 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 Section 1292.09, Regulations for Access Drives.

      (6)   In the Country Home District, on lots of one acre or more, all points of entrance or exit should be no closer than seventy-five feet from an intersection.

(Ord. 2009-17. Passed 9-15-2009.)

   Schedule 1294.04 sets forth regulations governing minimum lot area, minimum lot width and minimum setback requirements for principal and accessory buildings and parking areas for conditional uses in the Country Home District. Supplemental requirements pertaining to such uses are set forth in Section 1294.07, and the specific subsections are referenced in Schedule 1294.04, below.

Schedule 1294.04
Regulations for Conditional Uses in the Country Home District

 

 

(Ord. 2009-17. Passed 9-15-2009; Ord. 2017-17. Passed 11-21-17.)

   Schedule 1294.05 sets forth regulations governing minimum lot area and minimum lot width requirements for conditional uses in the Commercial and Office Building Districts. Supplemental requirements pertaining to such uses are set forth in Section 1294.07, and the specific subsections are referenced in Schedule 1294.05, below.

Schedule 1294.05
Regulations for Conditional Uses in Commercial and Office Building Districts

 

(Ord. 2009-17. Passed 9-15-2009.)

   Schedule 1294.06 sets forth regulations governing minimum lot area and minimum lot width requirements for conditional uses in the Industrial Districts. Supplemental requirements pertaining to such uses are set forth in Section 1294.07, and the specific subsections are referenced in Schedule 1294.06, below.

Schedule 1294.06
Regulations for Conditional Uses in Industrial Districts

 

(Ord. 2009-17. Passed 9-15-2009.)

   Schedule 1294.061 sets forth regulations governing minimum lot area and minimum lot width requirements for conditional uses in the Mixed-Use Development District. Supplemental requirements pertaining to such uses are set forth in Section 1294.07, and the specific subsections are referenced in Schedule 1294.061 below.

   Schedule 1294.061

   Regulations for Conditional Uses in Mixed-Use Development Districts

 

(Ord. 2014-12. Passed 1-20-15.)

   The following are specific conditions, standards, and regulations for certain conditional uses and are in addition to the criteria and standards set forth in Sections 1294.02 through 1294.06.

   (a)   Bank, financial institutions. Such establishments shall be permitted only:

      (1)   When part of a multi-establishment building, in which the majority of the uses are permitted by right in the Office Building District; or,

      (2)   When such an establishment is the principal use in a building, it shall only be permitted when part of a multi-building development whose principal uses are permitted by-right in the Office Building District.

   (b)   Car wash.

      (1)   Such facilities shall be located on an arterial or collector street in an area least disruptive to pedestrian and vehicular traffic.

      (2)   Any proposed loudspeaker system shall be approved as part of the conditional use application.

      (3)   All access drives shall be located as far as practicable from existing intersections in order to minimize congestion and constricted turning movements.

      (4)   A car wash shall provide two stacking spaces per bay/stall for self-service establishments and five stacking spaces per bay/stall for an automated establishment. Each stacking space shall be a minimum of ten feet by twenty feet.

   (c)   Drive-thru facility in association with a permitted use.

      (1)   Such facilities shall be located on an arterial or collector street in an area least disruptive to pedestrian and vehicular traffic.

      (2)   Any proposed loudspeaker system shall be approved as part of the development plan.

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

      (4)   Such facilities shall comply with the regulations in Section 1292.07, Off-street Waiting Spaces for Drive-thru Facilities.

      (5)   Vehicular approaches to the property shall be designed so as not to create an interference with traffic on surrounding public streets or roads.

   (d)   Golf course.

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

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

      (3)   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.

      (4)   An adequate number of public restrooms shall be provided and maintained.

      (5)   Vehicular approaches to the property shall be designed so as not to create an interference with traffic on surrounding public streets or roads.

      (6)   Only incidental retail uses such as a snack bar, shall be permitted as an accessory use to a golf course. Such facility shall be provided for the convenience of customers attending the golf course, and no sign advertising the retail use shall be permitted.

      (7)   The Planning Commission may limit the hours of operation to ensure that the proposed use is compatible with the surrounding uses.

      (8)   Golf courses, including tees, fairways, greens, and golf driving ranges shall be designed and landscaped in such a manner as to reasonably prevent a misfired ball from landing out of the golf course.

   (e)   Motor vehicle sales.

      (1)   Service garage, leasing department, and other activities customarily incidental to a full service franchised automobile dealer shall be permitted as accessory to the sale of motor vehicles provided these activities are conducted in a wholly enclosed building.

      (2)   Only the repair of vehicles customarily associated with the permitted vehicle sales shall be permitted and shall be conducted entirely inside a suitable building.

      (3)   No junk or inoperative vehicles shall be permitted to remain outside on the property for more than seventy-two hours.

      (4)   Display areas for vehicles for sale shall be located on a paved surface and shall be setback a minimum of twenty feet from any public right-of-way. The outdoor display area for vehicles shall comply with the other applicable parking setback requirements for the district in which the lot is located or be at least ten feet, whichever is greater.

      (5)   Lighting for all areas used for the outdoor display of motor vehicles shall be reviewed by the Planning Commission to insure that surrounding uses are not negatively impacted by the proposed site lighting.

   (f)   Outdoor storage of equipment. The area of the lot devoted to the storage of equipment shall not exceed twenty-five percent of the gross floor area of the principal building.

   (g)   Personal Services. Such establishments shall be permitted only:

      (1)   When part of a multi-establishment building, in which a majority of the uses are permitted by right in the Office Building District; or,

      (2)   When such an establishment is the principal use in a building, it shall only be permitted when part of a multi-building development whose principal uses are permitted by-right in the Office Building District.

   (h)   Public service/maintenance facility.

      (1)   Facilities shall be limited to structures that are essential for the distribution of services to the local area.

      (2)   Outdoor storage of fleet vehicles used in the operation of the facility may be permitted provided such storage areas are located in the side or rear yard on a paved surface and are screened in accordance with Chapter 1298 Landscaping, Screening, and Outdoor Lighting Regulations. Areas devoted to outdoor storage of fleet vehicles shall comply with all side and rear parking setbacks in the applicable zoning district, or ten feet whichever is greater.

   (i)   Restaurant. Such establishments shall be permitted only:

      (1)   When part of a multi-establishment building, in which the majority of the uses are permitted by right in the Office Building District; or,

      (2)   When such an establishment is the principal use in a building, it shall only be permitted when part of a multi-building development whose principal uses are permitted by-right in the Office Building District.

   (j)   Sales, service, repair and/or storage of farm implement, construction equipment, recreation vehicles, or other large equipment.

      (1)   Service garage, leasing department and other activities customarily incidental to a dealer shall be permitted as accessory to the sale of equipment/vehicles provided these activities are conducted in a wholly enclosed building.

      (2)   Only the repair of vehicles customarily associated with the permitted principal use shall be permitted and shall be conducted entirely inside a suitable building.

      (3)   Display area for vehicles for sale shall be located on a paved surface and shall be setback a minimum of twenty feet from any public right-of-way. The outdoor display area for vehicles or equipment shall comply with the applicable parking setback requirements for the district or be at least ten feet, whichever is greater.

      (4)   No junk or inoperative vehicles shall be permitted to remain outside on the property for more than seventy-two hours.

   (k)   Retail establishment. Such establishments shall be permitted only:

      (1)   When part of a multi-establishment building, in which the majority of the uses are permitted by right in the Office Building District; or,

      (2)   When such an establishment is the principal use in a building, it shall only be permitted when part of a multi-building development whose principal uses are permitted by-right in the Office Building District.

      (3)   When all activities, except off-street parking and loading, are conducted entirely inside a suitable building.

   (l)   Utility substation/distribution facility: indoor.

      (1)   Public utility structures, including substations, shall be permitted as a conditional use only when the distribution of service is essential to the immediate neighborhood or when topological features restrict the location of such facility.

      (2)   Natural or man-made barriers shall be provided to lessen any intrusion into surrounding districts.

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

      (4)   Substations, as measured from the outermost edge of the facility, shall be located a minimum of fifty feet from any Country Home Residential District property line.

      (5)   Wireless telecommunication facilities shall comply with Chapter 1278.

   (m)   Outdoor display/sales. The outdoor display of merchandise for sale, except motor vehicle sales establishments, shall comply with the following:

      (1)   Outdoor display of merchandise for sale shall be accessory and limited to products that are customarily associated with the operation of the principal business located on the premises and conducted by employees of such principal business. There shall be no outdoor display of merchandise for sale by any person operating or conducting a business that is different or distinct from the principal business conducted at that location.

      (2)   The area of the lot devoted to outdoor display shall not exceed fifteen percent of the ground floor area of the building(s) on the lot. The Planning Commission may grant an exception to this requirement when the ground floor area is 5,000 square feet or less.

      (3)   The outdoor display area shall comply with the building setback requirements for the district in which the lot is located.

      (4)   The outdoor display area shall not be located in areas intended for traffic and pedestrian circulation or parking as identified on the approved development plan;

      (5)   Any proposed outdoor display areas shall be approved as part of a Development Plan Review in accordance with Chapter 1258.