1153.04 STANDARDS FOR SPECIFIC CONDITIONAL USES.
In addition to the Standards for All Conditional Uses in Section 1153.02 above, the following standards shall apply to the specific conditional uses listed in this Section:
(a) Public and Parochial Schools.
(1) All structures and all parking, loading, storage, outdoor use areas, and other uses shall be located at least one hundred (100) feet from all property lines unless otherwise approved by the Planning Commission..
(2) Unless otherwise approved in the conditional zoning certificate, no curb cut shall be located closer to a road intersection than two hundred (200) feet.
(3) A public or parochial school shall be located on a lot having frontage on and access to a major or secondary road.
(4) The applicant shall submit a traffic impact study and a plan for traffic management.
(5) The applicant shall demonstrate to the satisfaction of the Commission that the site is of sufficient size to accommodate proposed facilities and activities without significant adverse impacts upon abutting residential uses.
(6) Uses other than the school and located on the same lot shall be considered separate uses and subject to all applicable provisions of this Code.
(b) Churches and Other Buildings for the Purpose of Religious Worship.
(1) All structures and all parking, loading, storage, outdoor use areas, and other uses shall be located at least one hundred(100) feet from all property lines unless otherwise approved in the conditional zoning certificate.
(2) A church or other building for the purpose of religious worship shall be located on a lot having frontage on and access to a major or secondary road.
(3) Unless otherwise approved in the conditional zoning certificate, no curb cut shall be located closer to a road intersection than two hundred (200) feet.
(4) The applicant shall submit a traffic impact study and a plan for traffic management.
(5) The applicant shall demonstrate to the satisfaction of the Commission that the site is of sufficient size to accommodate proposed facilities and activities without significant adverse impacts upon abutting residential uses.
(6) No existing building shall be converted into a place of worship except in compliance with the provisions of this Code.
(7) Uses other than the place of worship and located on the same lot shall be considered separate uses and subject to all applicable provisions of this Code.
(c) Utilities.
(1) All structures and activity areas shall be located at least one hundred (100) feet from all property lines. unless otherwise approved in the conditional zoning certificate.
(2) Site locations shall be preferred that offer natural or manmade barriers that lessen the effect of the intrusion of a utility use in a residential area. All features and operations of the facility, including lighting, fencing, signs, security, maintenance, and landscaping shall be as approved in conditional zoning certificate
(3) It is the intent of these regulations to authorize the Planning Commission and City Council to administer and enforce the relevant provisions of this Zoning Code and of the Subdivision and Site Development Regulations in matters affecting public utilities on lots outside of the public right-of-way to the extent that such application of provisions is consistent with and not precluded by state and federal laws.
(d) Public Outdoor Recreation Facility.
(1) All structures, parking, loading, storage, play and recreation areas, and other uses shall be located at least one hundred (100) feet from all property lines. unless otherwise approved in the conditional zoning certificate.
(2) Loudspeakers which cause a hazard or annoyance shall not be permitted.
(3) Unless otherwise approved in the conditional zoning certificate, no curb cut shall be located closer to a road intersection than two hundred (200) feet.
(4) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property and individual or to the community in general.
(e) Temporary Buildings for Uses Incidental to Construction Work.
(1) Any temporary structures shall be indicated on site plans approved in the conditional zoning certificate.
(2) Temporary buildings for uses incidental to construction work shall not be continued as permanent structures. The period of continuance shall be as approved with the site plan..
(f) Home Occupations.
(1) A home occupations shall only be established as an accessory use to the principal use of the dwelling for dwelling purposes.
(2) Only residents of the dwelling in which the home occupation is located - and no other person who is not a permanent resident of the dwelling - shall own, conduct, participate in, or be employed in the home occupation.
(3) A home occupation, including any storage of materials or equipment related thereto, shall be carried on entirely within the dwelling and not in an accessory building. However, part of the floor area of a garage attached to the dwelling may be used if the home occupation does not occupy parking spaces required for the dwelling use by the provisions of this Code.
(4) The conduct of the home occupation shall not occupy more than twenty percent (20%) of the living floor area of the dwelling unit.
(5) A home occupation shall not constitute primary or incidental storage facilities for a business, industrial or agricultural activity conducted on another lot.
(6) No activity, materials, goods or equipment indicative of the home occupation shall be visible from any public way or adjacent property. No exterior alteration of the dwelling shall be permitted which is inconsistent or incompatible with the normal scale, orientation, or appearance of typical dwellings in the neighborhood.
(7) The proposed use shall not generate noise, odor, fumes, smoke or vehicular or pedestrian traffic or other disturbance or nuisance in an amount which would tend to depreciate the residential character of the neighborhood in which the proposed use is located or which exceeds that impact normally generated by a dwelling.
(8) The Conditional Zoning Certificate for the home occupation shall be issued for a period not to exceed three (3) years; shall not be transferable to a subsequent owner of the designated property; and shall not be transferable by the named applicant to another property in the Municipality. The owner of a home occupation may apply for renewal of the Conditional Zoning Certificate. The Director of Planning and Zoning shall inspect the premises for conformance with the original certificate and shall review the record regarding the certificate and shall make a recommendation to the Planning Commission. If the Planning Commission determines that the use has been the subject of unresolved complaints or violations of conditions or for other good cause, the Commission may require application for a new certificate and shall conduct new review procedures. If the Commission finds no cause to disallow renewal of the certificate, it may waive any new application or hearing and authorize administrative renewal
(9) No more than one (1) passenger car or other motor vehicle, designed to carry a load of no more than one (1) ton and used in the conduct of the business, shall be parked on the lot. It shall be parked in a garage or on a paved exterior parking area on the lot. Other equipment, including trailers, shall only be stored in a garage which is part of the main building or in an approved accessory structure. No vehicle used in the conduct of the home occupation or by any permitted visitor to the home occupation shall be parked on the public road for a period greater than fifteen (15) minutes in any one hour.
(10) No home occupation shall have more than one (1) customer or visitor to the lot during any one (1) hour.
(g) Cemeteries.
(1) All structures and all parking, loading, storage, outdoor use areas, grave sites, and other uses shall be located at least one hundred (100) feet from all property lines. unless otherwise approved in the site plan.
(h) Private Outdoor Recreation Facility.
(1) A private outdoor recreation facility may include facilities for the sale of associated equipment, food, and refreshments, provided that these associated uses are clearly incidental and accessory to the principal use. The extent of such accessory use shall be as approved with the site plan.
(2) All structures and parking, loading, storage, play and recreation activity areas, and other uses shall be located at least one hundred (100) feet from all property lines. unless otherwise approved in the site plan.
(3) Loudspeakers which cause a hazard or annoyance or otherwise constitute a nuisance shall not be permitted.
(4) Unless otherwise approved in the conditional zoning certificate, no curb cut shall be located closer to a road intersection than two hundred (200) feet.
(5) Such use shall not require costly or uneconomic extensions of utility services at the expense of the community.
(6) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property and individual or to the community in general.
(i) Other Public Facilities.
(1) No point of entrance or exit shall be located closer than two hundred (200) feet to a road intersection unless otherwise approved in the site plan.
(j) Rental of Dwelling Unit.
(1) Space or rights to the use of a dwelling unit, which is occupied by the owner or leaseholder, may be rented to no more than two (2) persons who are not related to the owner or leaseholder by marriage, adoption, or blood.
(Ord. 2000-143. Passed 6-26-00.)
(k) Multi-family Dwellings. Multi-family dwellings shall be designed in a manner to assure compatibility with existing residential neighborhoods.
(1) Points of entrance or exit shall be located no closer to a road intersection than two hundred (200) feet unless otherwise approved in the site plan.
(2) Recreational facilities shall be provided as determined necessary by the Planning Commission and City Council
(3) The lot shall have frontage on a major road.
(4) The lot shall be located adjacent to a non-residential use such as a church, park, utility station, or industrial or commercial district.
(5) Potential traffic impacts from new developments will be scrutinized as part of the development approval process.
(6) The entrance to at least one dwelling unit within each building shall face the street.
(7) Each unit within a structure shall have its own front entryway directly to the outside.
(8) For buildings containing two or more units, a minimum of two (2) cars per dwelling unit shall be housed in an attached garage to each dwelling unit, with a minimum area of four-hundred forty (440) square feet per dwelling unit.
(9) The use shall be enclosed by a fence, six (6) feet in height, or as otherwise approved in the conditional zoning certificate.
(Ord. 2020-118. Passed 10-26-20.)
(l) Motels Including Recreational Facilities for the Use of Clients, Motel Complex Related to Industrial-Commercial Use.
(1) Points of entrance or exit shall be located not closer than two hundred (200) feet to any intersection of roads unless otherwise approved in the site plan.
(2) A motel shall only be located on a property having frontage on a major road or a secondary road.
(3) Any temporary structures shall be indicated as such on site plans submitted to the Planning Commission for approval.
(4) Such use shall not require costly or uneconomic extensions of utility services at the expense of the community.
(5) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property and individual or to the community in general.
(6) Loudspeakers which cause a hazard or annoyance shall not be permitted.
(7) Lighting shall not constitute a nuisance and shall in no way impair safe movement of traffic lighting on any street or highway.
(m) Oil and Gas.
(1) All potentially hazardous facilities and equipment such as derricks, pumps and tanks shall be fenced off to prevent trespassing.
(2) All areas within any single development shall be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous and blended with the general surrounding ground form so as to appear reasonably natural. All slopes and banks shall be reasonably graded and treated to prevent erosion or any other potential deterioration.
(3) There shall be established routes for truck movement in and out of the development such that the wear on public roads will be minimized and that hazards and damage to other properties in the community will be prevented.
(4) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property and individual or to the community in general.
(n) Child Day Care Center.
(1) The applicant shall demonstrate compliance with all applicable licensing requirements of the State of Ohio.
(2) Curb cuts, parking, drop-off and pick-up areas shall be designed to accommodate peak traffic at the facility in a safe and efficient manner without causing obstruction of the public road. Parking shall not be permitted on the public road for purposes of the proposed use.
(3) The site shall provide sufficient fenced outdoor space for outdoor recreation for the children and located in a manner which minimizes disturbance of abutting residential areas.
(o) Recreational Development.
(1) The lot on which the recreational use is constructed shall contain not less than fifteen (15) acres and shall abut an approved motel complex related to industrial-commercial use.
(2) The lot shall be served by public wastewater facilities.
(p) Residential Conservation Development. EDITOR’S NOTE: Former subsection (p) was repealed by Ordinance 2018-147.
(q) Auto Repair; Gas Station.
(1) Parking of employee vehicles, vehicles used in the operation of the business, vehicles awaiting servicing or return to customers after servicing, and vehicles held for disposal shall only be permitted in the locations approved in the conditional zoning certificate.. Vehicles awaiting servicing or return to customers after servicing, and vehicles held for disposal shall not be stored on the site for more than twenty-one (21) days. Parking and storage of vehicles not related to the principal use of the site, or to an approved accessory use, shall not be permitted.
(2) Vehicle sales, service, rental, or leasing shall not be permitted on the site unless specifically approved.
(3) Retail sales of products other than vehicular fuels shall be permitted only within an enclosed structure which shall comply with all provisions of the district, including requirements for parking. Outdoor display, storage, or sale of goods shall not be permitted on the site unless specifically approved in conformance with the supplementary standards for Outdoor Sales or Display, Outdoor Storage.
(4) Temporary outdoor storage of discarded materials, vehicle parts, scrap and other waste prior to collection shall only be permitted within a storage area completely surrounded by a gated masonry wall six (6) feet in height or other screening approved in the site plan. Such screening shall be set back from residential districts at least ten (10) feet and landscaped according to the approved in the conditional zoning certificate.
(5) Air compressor pumps (e.g, for tire inflation) and other outdoor equipment shall be identified in the conditional zoning certificate and shall be located and screened in a manner which minimizes noise impacts on residential areas.
(6) Curb cuts shall be limited to two per site. On corner lots, curb cuts shall be limited to one per road.
(7) Gas stations shall provide no less than two (2) waiting spaces per accessible side of a gasoline pump island.
(r) Drive-up Facility, Auto Wash.
(1) Drive-up facilities which utilize microphones or other audible signals shall be designed to minimize sound impacts upon abutting uses. Hours of operation shall be as approved with the site plan.
(2) Lanes required for vehicle access to and waiting for use of a drive thru or drive up facility shall be designed to have sufficient length to accommodate the peak number of vehicles projected to use the facility at any one time, to provide escape/abort lanes for vehicles desiring to leave the stacking lanes or to avoid disabled vehicles, and to minimize impacts on the use of other required parking or drives or on the use of abutting roads and hazards to pedestrians. The applicant shall provide a traffic study which documents to the satisfaction of the Commission the projected vehicular use of the proposed facilities and evidence of compliance with the provisions of this Code.
(3) Conditions may be established restricting the hours of operation in order to reduce inappropriate impacts on abutting uses and on road traffic and to ensure compatibility with normal vehicular activity in the district.
(4) The applicant shall so design the site plan or otherwise provide assurances as to reduce the impacts of lighting, litter, noise, and exhaust resulting from the facility, especially impacts on nearby residential uses.
(5) Drive-up facilities shall be located on that part of a site which is most distant from or most screened from the boundaries of abutting residential districts. Where site conditions necessitate locating a drive-through facility near to such district, the area between the uses shall be heavily screened as directed by the Commission.
(6) Drive up facilities, their stacking areas, and routes of access shall be located to not interfere with or cause interference with vehicles or pedestrian movement on the public road or within the site. Stacking areas for drive-through facilities shall not be the sole or primary site egress route. Stacking areas shall not utilize parking or aisles required for access to parking.
(7) Business establishments with drive-up facilities, such as banks, restaurants, or automatic auto wash, shall provide a minimum of twelve (12) waiting spaces, but not less than six (6) spaces per drive-up facility.
(s) Outdoor Sales or Display, Outdoor Storage, Accessory to a Permitted Use or Approved. Conditionally Permitted Use.
(1) Outdoor sales, storage, or display shall only be permitted in areas identified on the approved site plan and shall not exceed an area greater than 20% of the enclosed floor area of the use and shall not exceed five thousand (5000) square feet.. No such activity shall be located closer than fifty (50) feet to a residential zoning district boundary or road right-of-way abutting any residential zoning district or within ten feet of any road right-of-way. Such activities shall not occupy any required sidewalk, parking area or driveway.
(2) Any outdoor sales, storage, or display area located closer than 100 feet to a residential district shall, if determined to be visible from such district, be screened by a landscape buffer strip or other means indicated on the approved site plan.
(3) Illumination of outdoor sales, storage, or display areas shall be designed to prevent glare or direct light from the illumination source into residential areas.
(4) Outdoor displays shall be maintained in a neat and orderly fashion.
(5) The site plan submitted with an application for a conditional zoning certificate shall indicate the types of merchandise to be displayed, and, if applicable, any seasonal changes of display.
(6) Outdoor repair, preparation, cleaning, assembly, disassembly, or other outdoor activities shall not be permitted unless the nature and location of such activity is specifically identified in the application and approved in the conditional zoning certificate.
(t) Exterior Storage in Industrial Areas, Contractor’s Yards and Storage Facilities. Materials and equipment shall only be stored in completely enclosed buildings except as hereinafter provided or as provided in 1153.05. Where accessory to a permitted use, materials and equipment may be stored outside provided that all aspects of the storage comply with the following regulations:
(1) No storage shall be permitted in any required yard area;
(2) Outdoor storage areas shall not cover more than fifteen percent (15%) of the site area;
(3) Outdoor storage shall be screened by such walls, fences and landscaping as may be determined by the Planning Commission to be adequate to appropriately screen such materials and equipment from outside the boundaries of the lot. Screening of outdoor storage areas from public roads and industrial park access roads shall be by buildings housing the principal use, or by ornamental face brick wall or by a completely obscuring ornamental fence of wood or other material which is architecturally compatible with the design of the principal buildings;
(4) A site plan of the area proposed for outdoor storage shall be submitted for review and approval with the conditional zoning certificate. Such plans shall show the type of materials or equipment to be stored, all principal buildings on the site, property lines, abutting. roads and proposed screening methods.
(5) All materials, equipment, tools, and facilities shall be neatly arranged and maintained at all times.
(u) Accessory Retail or Wholesale in Industrial Districts.
(1) Accessory retail or wholesale activity shall only be permitted if it is clearly and directly related to the principal activity on the lot and if the. impacts of the proposed activity will be compatible with the district.
(2) Accessory retail or wholesale activity shall only be conducted within the main building on the lot.
(3) Signs advertising the accessory retail or wholesale activity are not permitted.
(4) The applicant shall provide information and make commitments to the satisfaction of the Planning Commission regarding the amount and impacts of the proposed retail or wholesale activities. The applicant shall provide estimates of the volume and dollar value of projected retail or wholesale sales in comparison to the volume and dollar value of the principal activity on the lot and shall establish a method for documenting the actual volumes and values if requested by the City.
(v) Comparable Use. An applicant may submit an application for a conditional zoning certificate for a building or use which is not specifically listed as a permitted use or a conditionally permitted use in a district. The Planning Commission shall interpret this Code to determine if the proposed use is a “comparable use”. The Planning Commission shall make a recommendation to City Council after consideration of the proposed use with respect to the following standards and other applicable provisions of this Code:
(1) Whether the use has characteristics and impacts consistent with those of one or more of the permitted uses in the district; and the use has characteristics and impacts more consistent with those of the permitted uses of the subject district that with the permitted uses of any other district;
(2) Whether the establishment of the use in the district will significantly alter the nature of the district;
(3) Whether the use will create dangers to health and safety or create offensive noise, vibration, dust, heat, smoke, odor, glare, traffic, or other objectionable impacts or influences to an extent greater than normally resulting from permitted uses listed in the subject district;
(4) Whether the use typically requires site conditions or features, building bulk or mass, parking, or other requirements dissimilar from permitted uses; and whether the typical development of site and buildings for the use is compatible with those required for permitted uses and can be constructed in conformance with the standard regulations for height, lot dimensions, setbacks, etc. of the district.
The Planning Commission shall recommend to City Council whether or not the proposed use shall or shall not be a comparable use for the subject district and whether the conditional zoning certificate should be approved. Upon receipt of the recommendation of the Planning Commission, City Council shall take action as provided at Section 1139.02.
(Ord. 2000-143. Passed 6-26-00.)
(w) Assisted Living Facility - assisted living and other comparable uses may be established provided the facility complies with the following regulations:
(1) All principal structures and activity areas, including parking, are located at least one hundred feet (100') from all property lines.
(2) All principal structures and activity areas, including parking, adjoining residential areas are to be located at least one hundred fifty feet (150') from the adjoining residential area.
(3) Assisted Care Facilities must front on a major or secondary street, as those terms are defined in Section 1109.04
of the Aurora Codified Ordinances.
(Ord. 2003-012. Passed 4-28-03.)
(Ord. 2003-012. Passed 4-28-03.)
(x) Funeral Homes. The only dwelling on the property, if one is provided, shall be for the facility’s manager, caretaker, or maintenance person, and related family.
(Ord. 2013-062. Passed 6-10-13.)