§ 1216.04 ZONING DISTRICT PURPOSE STATEMENTS.

   In addition to the overall purpose of this code as established in § 1210.01: Purpose, the following are the purpose statements for the individual zoning districts in the city.

   (a)   Single-Family Residential Districts (R-1A, R-1B, and R-1C). The purpose of the R-1A, R-1B and R-1C Residential Zoning Districts is to provide for the development and use of land for primarily single-family, detached residential uses reflective of the primary residential land uses in the city. These districts are intended to establish standards for the design, use and location of principal and accessory buildings to maintain high-quality neighborhoods.

   (b)   Cottage District (R-1D). The purpose of the R-1D Residential Zoning District is similar to the R-1A, R-1B and R-1C Districts in that it is intended to allow for the use of land primarily for single-family, detached residential uses. The R-1D District recognizes that parts of the city have site characteristics reflective of denser development patterns that were common among the cottage developments along Lake Erie. Development in these areas is far more compact than in other single-family residential districts and the purpose of this district is to protect the characteristics of these dense neighborhoods in Avon Lake.

   (c)   Multi-Family Residential Districts (R-2 and R-3). The purpose of the R-2 and R-3 Multi-Family Residential Districts is to provide for residential areas in the city that provide for attached housing options, which in turn promote more diverse housing choices and that may serve as a transitional use between lower-density residential uses and the city’s business activity areas. The purpose of the regulations in these districts is to ensure the long-term viability of uses that are designed in a manner that will contribute to the community aesthetic.

   (d)   Limited Business District (B-1). The purpose of the B-1 District is to provide areas for small-scale business development, a limited range of office uses, as well as convenience goods and services to serve the day-to-day needs of those living in the city. The design of uses is focused on small-scale developments on large parcels while specifically excluding outdoor storage activities and automotive-related uses.

   (e)   General Commerce District (B-2). The purpose of the B-2 District is to accommodate professional offices, general commercial uses, and larger scale businesses that sell goods and provide services to the general public in the city and to the greater region. While pedestrian level activity and access is highly encouraged, the city recognizes that vehicular access is also important to the businesses in the city’s large-scale business areas.

   (f)   Special Commerce District (B-3). The purpose of the B-3 District is to accommodate the unique development characteristics of special business areas within the city including the Lear/Electric and Lake/Moore (Old Avon Lake Shopping Center) areas by tailoring site development standards to the predominant urban form and refining design requirements to address the compact building areas. This district is intended to allow for a broad range of professional offices and small-scale commercial uses that sell goods and provide services to residents of the city. Pedestrian-scale design is highly encouraged with a recognition for the need to accommodate vehicular access.

   (g)   Light Industrial District (I-1). The purpose of the I-1 District is to provide an area to accommodate manufacturing, general businesses, offices, service and repair businesses, and warehousing uses in a form that largely takes place within enclosed buildings to allow for quiet and clean industrial areas. It is the intent of this district to allow for a broad range of these light industrial type uses.

   (h)   General Industrial District (I-2). The purpose of the I-2 District is to provide for industrial and other uses that, by virtue of their external effects, noise, glare, fumes, smoke, dust, odors and truck and/or rail traffic, should be isolated from residential uses. These uses perform essential functions for the city, including employment, and should be provided for in areas that are best suited for industrial development by reason of location, topography, soil conditions and the availability of adequate utilities and transportation systems.

   (i)   Public and Institutional District (P-I). The purpose of the P-I District is to establish sites for various governmental, institutional, educational or other public or quasi-public uses that are integral parts of the community while also ensuring compatibility with the surrounding neighborhoods.

   (j)   Mixed-Use Overlay District (MUO). The purpose statement and district-specific standards for Mixed-Use Overlay District (MUO) district is located in Chapter 1218: Mixed-Use Overlay District (MUO).

   (k)   Planned Unit Developments (PUD). The purpose statement and district-specific standards for the Planned Unit Development (PUD) district is located in Chapter 1220: Planned Unit Developments (PUD).

   (l)   Residential Planned Developments (RPD). The purpose statement and district-specific standards for the Residential Planned Development) (RPD) district is located in Chapter 1222: Residential Planned Development District (RPD).

(Ord. 21-161, passed 12-13-2021)

§ 1216.05 ALLOWED PRINCIPAL USES.

   (a)   Generally. Table 1216-3 lists the principal uses allowed within the various zoning districts, except for uses allowed in RPD Districts. Chapter 1222: Residential Planned Development District (RPD) identifies the uses that are allowed in RPDs.

   (b)   Explanation of table of permitted uses.

      (1)   Permitted uses.

         A.   A “P” in a cell indicates that a use type is allowed by-right in the respective zoning district. Permitted uses are subject to all other applicable standards of this code.

         B.   Permitted uses are approved administratively by the Planning Commission through the site plan review process or by the Code Administrator through the zoning permit procedure, unless subject to additional reviews (e.g., variance and the like).

      (2)   Permitted uses with standards.

         A.   A “PS” in a cell indicates that a use type is allowed by-right in the respective zoning district if it meets the additional standards as identified in the last column of Table 1216-3. Permitted uses with standards are subject to all other applicable standards of this code.

         B.   Uses permitted with standards are approved administratively by the Planning Commission through the site plan review process or by the Code Administrator through the zoning permit procedure, unless subject to additional review (e.g., variance and the like).

      (3)   Conditional uses.

         A.   A “C” in a cell indicates that a use may be permitted if approved by the Planning Commission through the conditional use review procedure. Conditional uses may be subject to use-specific standards as identified in the last column of Table 1216-3. Conditional uses are subject to all other applicable standards of this code.

         B.   The existence or lack of additional use-specific standards in this code shall not be implied to be the only standards the use is required to meet. Any conditional use listed in the table shall be subject to the general review standards for all conditional uses established in § 1214.03(d).

         C.   Where a use is listed as P/C or PS/C, there may be certain circumstances in which a conditional use approval may be required rather than the use being permitted or permitted with standards. The specific approval required shall be as established in the use-specific standards.

      (4)   Prohibited uses.

         A.   A blank indicates that a use is prohibited in the respective zoning district.

         B.   Any use not specifically listed shall be considered prohibited unless allowed in accordance with division (d) of this section.

      (5)   Use-specific standards.

         A.   The numbers contained in the “Use-Specific Standards” column are references to additional standards and requirements that apply to the use type listed. Standards referenced in the “Use-Specific Standards” column apply in all zoning districts unless otherwise expressly stated.

         B.   Use-specific standards shall only apply if the use is permitted with standards (PS) or a conditional use (C). If the use is permitted with standards in some districts and conditional in other districts, the use-specific standards shall apply to both the districts where it is permitted with standards and where it is conditionally permitted.

         C.   This section provides site planning, development and/or operating standards for certain land uses that are permitted with standards or conditionally permitted in Table 1216-3.

         D.   The land uses and activities covered by this section shall comply with the applicable use-specific standards in all districts unless otherwise specified, in addition to all other applicable provisions of this code.

   (c)   Multiple uses. If multiple uses are proposed on a single lot or in a single building then each of the individual uses has to be allowed in the applicable zoning district and reviewed in accordance with how the individual use is allowed in the district (i.e., permitted, permitted with standards, or conditional use).

   (d)   Use determination and unlisted uses.

      (1)   The Code Administrator shall make the determination if a proposed use is permitted, permitted with standards, a conditional use, or a prohibited use under the provisions of this section.

      (2)   The Code Administrator may determine that a proposed use is substantially similar to a use that is permitted, permitted with standards, or a conditional use established in Table 1216-3 based on the proposed use activities, character of the business, similarity to existing uses within the city, or information on the use as may be available from third-party land use resources such as documentation from the American Planning Association, Urban Land Institute or similar organizations. If the Code Administrator finds that the proposed use is substantially similar to a use established in Table 1216-3, the application shall be processed in the same manner as the similar use.

      (3)   In finding that a proposed use is similar to a use established in Table 1216-3, the Code Administrator shall make a note of the similar use in the approved application form.

      (4)   If the Code Administrator makes the determination that a use is prohibited, the application shall not be processed and the application fee shall be returned.

      (5)   If the applicant disagrees with the Code Administrator’s determination regarding the proposed use, the applicant may choose to take one of the following actions:

         A.   The applicant may appeal the determination of the Code Administrator to the ZBA pursuant to § 1214.11: Appeals; or

         B.   The applicant may present their case to the Planning Commission and/or City Council to request that the city initiate a text amendment to address the proposed use and applicable standards.

 

Table 1216-3: Principal Uses

Land Uses P=Permitted Use PS=Permitted Use with Standards C=Conditional Use

R-1A

R-1B

R-1C

R-1D

R-2

R-3

MUO

B-1

B-2

B-3

I-1

I-2

P-I

Use-Specific Standards See Sec.:

Agricultural Uses

Agricultural

C

C

1216.06(a)

Residential Uses

Bed and breakfast establishments

C

1216.06(b)

Dwellings, multi-family

P

P

P

Dwelling, single-family

P

P

P

P

Residential facilities

PS

PS

PS

PS

C

C

C

1216.06(c)

Skilled nursing or personal care facilities

C

C

C

C

PS

C

PS

1216.06(d)

Public, Institutional and Recreational Uses

Active recreational facilities

C

C

C

C

C

C

C

C

C

C

C

C

PS

1216.06(e)

Cemeteries

C

C

C

C

C

C

P

Cultural facilities

C

C

C

C

C

C

P

P

P

P

P

Educational institutions (higher education)

P

P

Educational institutions (preschool and K-12)

C

C

C

C

C

C

C

P

1216.06(f)

Essential services

P

P

P

P

P

P

P

P

P

P

P

P

P

Fraternal, charitable, and service oriented clubs

C

C

C

C

PS

1216.06(g)

Government offices and buildings (no outdoor activities)

C

C

C

C

C

C

P

P

P

P

P

P

P

Hospitals

C

C

PS

1216.06(h)

Passive parks, open space, and natural areas

P

P

P

P

P

P

P

P

P

P

P

P

P

Places of worship

C

C

C

C

C

C

P

P

P

P

P

Public utility buildings and facilities

C

C

C

C

C

C

C

C

C

C

P

P

P

Residential community centers

C

C

C

C

C

C

P

1216.06(i)

Wireless telecommunication facilities

PS/C

PS/C

PS/C

PS/C

PS/C

PS/C

PS/C

PS/ C

PS/ C

PS/ C

PS/ C

PS/ C

PS/ C

1216.06(j)

Commercial, Office, and Mixed Uses

Administrative, business, or professional offices

P

P

P

P

P

P

PS

1216.06(k)

Adult entertainment business

PS

1216.06(l)

Animal boarding, training, or daycare facilities

C

C

PS

1216.06(m)

Animal hospital/clinics and animal grooming

P

P

P

P

Assembly halls or conference centers

C

C

C

Automobile, motorcycle, recreational vehicle sales and leasing

C

1216.06(n)

Automotive repair and service (minor)

C

PS

C

PS

1216.06(o)

Automotive repair and service (major)

C

PS

PS

1216.06(p)

Boat rental and charter

C

C

Commercial and business support services

P

P

P

P

P

Commercial recreational facilities (indoors)

C

C

Commercial recreational facilities (outdoors)

C

C

1216.06(e)

Financial institutions

P

P

P

P

Fuel stations

C

PS

C

1216.06(o)

Funeral homes

PS

PS

PS

PS

PS

PS

1216.06(q)

Hotels and motels

C

C

C

1216.06(r)

Medical/dental clinics

P

C

P

C

Microbrewery, microdistillery or microwinery

PS

PS

PS

PS

PS

PS

1216.06(s)

Mixed use buildings

P

Multi-tenant use

P

P

P

P

Nursery schools and day care centers

PS

PS

PS

PS

PS

PS

PS

PS

PS

PS

PS

1216.06(t)

Parking lot

C

C

C

C

C

C

1216.06(u)

Personal services

P

P

P

P

PS

PS

1216.06(v)

Restaurants

P

P

P

P

1216.06(v)

Retail businesses

P

P

P

P

PS

PS

1216.06(v)

Taverns or bars

P

C

P

P

Vehicle washing establishments

C

1216.06(w)

Industrial Uses

Contractor equipment and storage yards

P

P

Industrial service uses

P

P

Industrial uses, heavy

P

Industrial uses, light

P

P

Metal salvage and junk storage

C

1216.06(x)

Recycling center

P

P

Research and development facilities

P

P

Self-storage facilities (indoor)

PS

PS

1216.06(y)

Self-storage facilities (outdoor)

C

C

C

1216.06(y)

Truck and heavy equipment sales

P

P

Truck terminals

PS

PS

1216.06(z)

Warehouses

P

P

Wholesale establishments

P

P

 

(Ord. 21-161, passed 12-13-2021)

§ 1216.06 USE-SPECIFIC STANDARDS.

   (a)   Agricultural.

      (1)   Agricultural uses shall be restricted to the raising of crops and the raising livestock limited to those animals identified in Table 1216-4 and excluding roosters.

      (2)   The minimum lot area for the use shall be five acres.

      (3)   There shall be a maximum of nine animal units permitted for every five acres of land. Animal units are a unit of measure used to compare the differences in the production of animal wastes, the standard of which is the amount of waste produced on a regular basis by a slaughter steer or heifer. Slaughter steers and heifers are assigned the base unit of 1.0 animal unit. Table 1216-4 identifies the multipliers used to determine animal units for other types of animals. For all other animals, the Code Administrator shall have the authority to consult outside source information on the appropriate animal unit multiplier.

 

Table 1216-4: Animal Units
Animal	Animal Unit Multiplier
Slaughter steers and heifers	1.0
Cow-calf	1.3
Dairy cattle	1.4
Horse	0.75
Swine	0.4
Sheep	0.4
All fowl and rabbits	0.05

 

      (4)   All structures designed to house livestock, either permanently or temporarily, shall be set back a minimum of 100 feet from all lot lines. All other structures related to the agricultural use of the property shall be set back a minimum of 50 feet from all lot lines.

      (5)   Fence enclosures that are designed to corral animals or enclose pasture areas shall be located in the side or rear yard, and set back a minimum of 20 feet from all lot lines.

      (6)   Off-street parking related to agricultural uses shall be located as far from existing, adjacent residential uses as practicable.

      (7)   Outdoor displays of products offered for sale or activities associated with processing or marketing or the indoor sale of products, including the serving of food or drink produced on site, may be approved by the Planning Commission and Council when they determine that such display area is consistent with the purposes of this section and will have no deleterious impact on surrounding properties.

   (b)   Bed and breakfast establishments.

      (1)   The minimum lot area shall be one-half of an acre.

      (2)   The building utilized for the bed and breakfast establishment shall have been originally designed as a single-family dwelling structure prior to 1960.

      (3)   The dwelling shall have frontage on Lake Road, Walker Road, Moore Road, Miller Road, Avon Belden Road or Lear Road.

      (4)   The facility must be operated and managed by the property owner or leaseholder, who must reside on the premises while the bed and breakfast establishment is in operation.

      (5)   Only overnight guests shall be served meals unless otherwise authorized as part of the conditional use approval.

      (6)   All activities related to the establishment shall take place within the principal dwelling and not within a garage or accessory building. Furthermore, all access to rooms shall be from within the principal building.

      (7)   The facility shall be limited to no more than four guestrooms with a maximum guest capacity as determined by fire and building regulations.

      (8)   There shall be no exterior evidence of the use except that the owner may provide one wallmounted sign with a maximum sign area of one square foot in addition to any other signs allowed for single-family dwellings in Chapter 1236: Sign Standards.

      (9)   No building additions or alterations may be undertaken for the sole purpose of expanding the bed and breakfast use unless approved as part of the conditional use review.

      (10)   A minimum of one off-street parking space for each guestroom and two off-street parking spaces for the resident owner-manager shall be required. All parking areas for five or more vehicles shall meet the applicable standards of Chapter 1234: Parking, Access, and Mobility Standards.

   (c)   Residential facilities.

      (1)   Where a person may operate a residential facility, as defined in R.C. § 5123.19, that is of a size that is required to be allowed where single-family dwellings are permitted, such use shall be deemed a permitted use in the R-1A, R-1B, R-1C and R-1D Districts. Such facilities must comply with the site development standards (See § 1226.01: Lot and Principal Building Regulations.), and any other standards in this code that apply to all single-family dwellings within the applicable district.

      (2)   Where a person may operate a residential facility, as defined in R.C. § 5123.19, that is of a size that is required to be allowed where multi-family dwellings are permitted, such use shall be deemed a conditional use (see § 1214.03: Conditional Uses) in any the R-2 and R-3 Districts. Such facilities must comply with the site development standards (see § 1226.01: Lot and Principal Building Regulations.), architectural standards (See Chapter 1228: Architectural Standards), and any other standards in this code that apply to all multifamily dwellings within the applicable district.

   (d)   Skilled nursing or personal care facilities.

      (1)   The principal building shall be set back a minimum of 50 feet from any adjacent residential zoning district or lot that contains a single-family dwelling.

      (2)   The maximum density of these facilities varies based on the specific type of facility as established below:

         A.   If the proposed facility includes an independent living component (no skilled or personal care services provided), the independent living component shall be limited to the uses and maximum density permitted by the applicable zoning district. In a nonresidential zoning district, that maximum density shall be six units per acre. In no case shall the independent living component comprise more than 50% of the dwelling units or rooms in the proposed development or the use shall be subject to the maximum lot size and densities established in the zoning district.

         B.   The maximum density of congregate housing or assisted living facilities shall be 12 units per acre in the R-2, R-3, B-1 and B-3 Districts and 20 units per acre in the B-2 and P-I Districts regardless if the unit is a complete dwelling unit with separate kitchen facilities.

         C.   All other types of skilled nursing or personal care facilities shall comply with the maximum height and setback requirements of the applicable zoning district and any conditions or requirements set forth as part of the conditional use approval.

         D.   The Planning Commission may set maximum density or intensity requirements as part of the conditional use approval based on the density or character of surrounding uses.

      (3)   Skilled nursing or personal care facilities shall be located so as to provide access from a major or minor arterial.

   (e)   Active recreational facilities and commercial recreational facility (outdoors).

      (1)   The minimum lot area shall be at least one acre.

      (2)   All structures, viewing areas or seating areas shall be set back at least 200 feet from any residential zoning district. Such setback may be reduced by Planning Commission and City Council within the MUO or RPD Districts if approved through the applicable procedures.

      (3)   All parking areas shall meet the minimum parking area setbacks as established in Chapter 1234: Parking, Access, and Mobility Standards.

      (4)   All outdoor lighting shall project downward and shall be of full cutoff design in order to minimize glare and reflection onto adjoining properties and public streets. See § 1226.04: Outdoor Lighting for additional information on cutoff lighting.

      (5)   The hours of operation may be regulated by the Planning Commission, if necessary, to mitigate adverse impacts on adjacent residential uses.

      (6)   No motorized equipment is permitted.

      (7)   No uses that involve the discharge of firearms is permitted.

   (f)   Educational institutions (preschool and K-12). Preschool and K-12 educational institutions may be considered as a conditional use in the I-1 District only if there is an existing building on the site that was designed to accommodate a similar educational institution.

   (g)   Fraternal, charitable, and service oriented clubs. Accessory uses necessary to the operation of such use, such as clubhouses, restaurants, bars, swimming pools and similar activities, shall be permitted if they comply with the applicable standards in § 1224.01: Accessory Uses and Structures. However, such uses where the conduct of business is the principal activity shall be prohibited.

   (h)   Hospitals.

      (1)   New hospitals shall be on a lot with primary vehicular access on an arterial street without going through a residential neighborhood to minimize the impact on less intense residential uses.

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

      (3)   The areas devoted to the outdoor storage of such vehicles shall be enclosed with a fence having a minimum height of six feet.

      (4)   Access drives shall be located no less than 100 feet from an intersection.

   (i)   Residential community centers.

      (1)   One residential community center shall be allowed within an individual subdivision or for a multi-family dwelling development with more than 12 dwelling units.

      (2)   Additional residential community centers may be approved as part of a development that is approved as a planned unit development.

      (3)   The residential community center shall only be for the use of residents and their guests.

   (j)   Wireless telecommunication facilities.

      (1)   Purpose.

         A.   The purpose of this division (j) is to provide for the common good and preserve the enjoyment of private property through the regulation of the construction, placement and modification of wireless telecommunications facilities, including telecommunications towers and associated facilities, while ensuring the ability of the consumer to use and enjoy telecommunications services of all types, and to protect the right of private and public enterprise to exercise free trade.

         B.   To the extent permitted by law, the city shall apply the regulations set forth in this section to specifically accomplish the following:

            1.   Accommodate the need for wireless telecommunications towers and facilities to meet the public’s demand for the use and convenience of wireless personal cellular telecommunications service and wireless internet access, while regulating their location and number in the city;

            2.   Encourage the location of towers and facilities on nonresidential land;

            3.   Minimize the total number of towers and facilities;

            4.   Ensure that towers and antennas are configured in such a way as to minimize adverse visual impact by design, careful siting, landscape screening, camouflaging and innovative techniques brought about through the advance of science and technology;

            5.   Avoid damage to adjacent properties from tower failure through competent engineering, construction and erection of towers;

            6.   Ensure that a competitive and broad range of wireless personal communications services and high-quality telecommunications infrastructures are provided to serve the residents, businesses, public sector and visitors to the city;

            7.   Create and preserve a wireless telecommunications facilities system which will serve as an effective part of the city’s emergency response network; and

            8.   Accommodate the public’s demand for present day wireless personal communications services through these standards, so that changing technologies will continue to serve these needs, while concurrently preserving the city’s aesthetic and ecological integrity, so that residents of the future may continue to enjoy the comfortable living standards of the Avon Lake community.

      (2)   Application requirements.

         A.   All persons planning to construct a wireless telecommunication facility to which the provisions of this section apply shall provide the information required for the applicable type of application pursuant to § 1214.01: Common Review Requirements.

         B.   The city may charge a fee in addition to the Planning Commission agenda fee for site plan review to process an application to locate a tower, antenna or related wireless telecommunications facility in the city for the purpose of reimbursing the public for the time incurred and the skills employed by officials, employees and agents in processing applications in the amount as set forth in Chapter 208 of the Administration Code.

         C.   The following shall be exempt from the provisions of this section:

            1.   A single ground or building-mounted receive-and-transmit-only radio or television antenna, including any mast, for the sole use of the occupant of a residential and business parcel on which the radio or television antenna is located;

            2.   A ground, building, or tower-mounted antenna allowed in conformance with § 1224.01: Accessory Uses and Structures, operated by a federally licensed amateur radio operator as part of the amateur radio service;

            3.   A ground or building receive-only radio or television satellite dish antenna allowed in conformance with § 1224.01: Accessory Uses and Structures, for the sole use of the resident occupying a parcel on which the satellite dish is located;

            4.   Mobile services providing public information coverage of a news event of a temporary nature; and

            5.   Government owned and operated receive-and/or-transmit telemetry station antennas for supervisory control and data acquisition systems for water, flood alert, traffic control devices and signals, stormwater, pump stations and/or irrigation systems and similar uses.

      (3)   Approvals required.

         A.   A zoning permit may be issued for the following activities and installations when in compliance with the other applicable use-specific standards of this section:

            1.   Collocation of telecommunication antennas on an existing telecommunication tower;

            2.   Telecommunication antennas attached to existing commercial, office, industrial, public, institutional, or other nonresidential buildings, or attached to any multi-family (apartment building); or

            3.   Replacement telecommunication towers or antennas in the same manner as the original tower or antenna.

         B.   A conditional use approval shall be required for the installation of any new wireless telecommunications tower including those in the districts identified in Table 1216-3, or on any publicly owned land in the city.

         C.   In addition to meeting the review criteria established in § 1214.03: Conditional Uses, any application subject to a conditional use approval must also demonstrate that a newly constructed tower is necessary because collocation on an existing tower is not feasible in accordance with division (j)(10) of this section. The following steps must be taken for the application to be considered for review in this category.

            1.   The applicant shall demonstrate that the telecommunication tower must be located where it is proposed in order to service the applicant’s service area and that collocation is not feasible.

            2.   Where the telecommunication tower is located on a property with another principal use, vehicular access is provided to the facility.

            3.   The applicant shall present signed statements indicating that:

               a.   The applicant agrees to allow for the potential collocation of additional telecommunication antennas by other providers on the applicant’s structure or within the same site location; and

               b.   The applicant agrees to remove the telecommunication tower and accessory facilities/structures in accordance with § 1216.06(j)(11): Removal of Abandoned Facilities.

      (4)   Demonstration of necessity.

         A.   To assure that the city’s and the public’s objectives are achieved, the wireless telecommunications service provider requesting permission to locate a tower and related wireless telecommunications facility shall produce written evidence of contact with all wireless telecommunications service providers who supply service within the distribution sphere of the proposed facility. The applicant-provider shall inquire about potential collocation opportunities at all technically feasible locations in, or which could service, the city.

         B.   To adequately demonstrate the need at a particular location the applicant-provider shall provide following information as part of the demonstration of necessity:

            1.   Coverage areas of existing sites within two and one-half miles;

            2.   Propagation maps from proposed site at increments of 25 feet starting at 50 feet in height up to proposed height;

            3.   List of existing structures within 2.0 miles of proposed site that are at least 40 feet in height along with anticipated signal strengths from those structures;

            4.   In-building and in-vehicle coverage areas in relation to division (j)(4)B.2. of this section;

            5.   Description of anticipated coverage areas and coverage signal strengths in dBm;

            6.   Written proof of contact with existing wireless telecommunication sites within one mile of proposed site. Contact shall request availability of collocation at exiting site. The application shall include written responses from the contacted sites. Propagation maps from existing sites within the one-mile radius shall be included to show the differences in coverage areas;

            7.   Frequency, modulation and class of service of radio or other transmitting equipment;

            8.   The number, type and design of the proposed tower and antennas and any calculations used to determine the proposed number of collocations available at the proposed site;

            9.   List of other service providers contacted in good faith that may be willing to locate at the proposed site;

            10.   Certification that the NEIR levels at the proposed site are within the permitted threshold levels as established by the FCC;

            11.   Name, address, phone number and accreditation of person submitting maps and report;

            12.   Fall zone map identifying all existing structures within the fall zone (a.k.a. total height) of the proposed tower; and

            13.   Line of site drawings which will provide approximate views from adjacent properties.

         C.   The city shall contract with a competent expert to assist in evaluating the need for a new tower, antenna and related wireless telecommunications facilities at a particular location. This evaluation shall be completed prior to the application being considered by Planning Commission. The applicant shall be afforded an opportunity to provide rebuttal to the expert’s review and re-review prior to the formal departmental review and submission to Planning Commission in accordance with the Planning Commission rules and regulations. This study shall not be required for collocations or antenna systems being proposed for attachments to existing buildings and structures unless the tower is proposed to extend beyond 25 feet in height over the attachment point.

         D.   An applicant shall deposit with the city funds sufficient to reimburse the city for all reasonable costs of a competent expert for the evaluation and consultation to the city in connection with the review of any application. The initial deposit shall be $8,000. The placement of the $8,000 with the city shall precede the application to Planning Commission. The city will maintain a separate escrow account for all such funds. The city’s expert shall invoice the city for its services in reviewing the application. If at any time during the process this escrow account has a balance less than $3,000, the applicant shall immediately, upon notification by the city, replenish said escrow account so that it has a balance of at least $5,000. Such funds shall be deposited with the city before any further action or consideration is taken on the application. In the event that the amount held in escrow by the city is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant. The total amount of the funds needed as set forth in this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification. The maximum fee associated with the consultant review shall be $17,000.

      (5)   Certification of a registered structural engineer. Prior to approval of a site plan to construct and locate a wireless telecommunications tower or related facility, an independent certified structural engineer shall be engaged by the city, whose services shall be paid for in total by the applicant pursuant to the direction of the Planning Commission. The city may pay for such services in advance for the purpose of timeliness and invoice the applicant for charges. The applicant shall reimburse the city in full within 30 days of receipt of such invoice. The applicant may also be responsible for obtaining independent opinions of other technical experts for the purpose of verifying the safety and structural integrity of towers and other wireless telecommunications facilities, including, but not limited to, representatives of the FCC, the FAA and a person qualified to certify the safety of and comment upon radio frequency emission, in a manner as determined acceptable to the city, as directed by the Planning Commission.

      (6)   Wireless telecommunications providers - application requirements. All wireless telecommunications services providers, including governmental, public and quasi-public providers, who operate or propose to operate within the corporate limits of the city, shall submit the following information, at a minimum, as part of their application:

         A.   The identity and legal status of the provider, including business affiliations;

         B.   The name, address, telephone number, fax number and electronic mail address (if available), of the officer, agent or employee responsible for the accuracy of the registration statement. It shall be the responsibility of the provider to keep this information up to date;

         C.   A narrative and map description of all the provider’s existing or proposed wireless telecommunications facilities in the city and elsewhere;

         D.   A description of the wireless telecommunication facilities in the city and elsewhere;

         E.   Written information sufficient into the opinion of the Planning Commission to verify that the provider has applied for and received certification and approval as a licensed wireless telecommunications provider by the FCC to operate in the state; and

         F.   Any other information reasonably related to the application and the probable, substantive effects of locating a wireless telecommunications facility in the city, as may be required by the Planning Commission.

      (7)   General standards for all facilities.

         A.   Apply regardless of zoning district. The following requirements apply to all wireless telecommunication facilities regardless of the zoning district in which they are to be located. These general standards are in addition to the specific regulations set forth elsewhere in this section.

            1.   The telecommunication tower and accessory facilities/structures shall be enclosed either completely or individually by a six-foot high fence in residential zoning districts or eight-foot fence in nonresidential zoning districts. The fence shall only be accessed through a locked gate with reasonable access given to the city and collocators. Security railing or fencing is required along the edge of a building roof if the wireless telecommunication facility or antenna is not set back at least ten feet from the edge of the roof top.

            2.   The city shall not be responsible for any damage to the tower or other auxiliary structures, and shall be held harmless from any liability of any kind relating to damage, destruction, misfeasance of the tower or auxiliary structures, and from any personal injury to any party whomever.

            3.   If a provider proposes to add additional antenna to an existing tower, building or structure, such antenna shall be reviewed as the addition of a new antenna in accordance with this section regardless if the antenna will be used by the owner of the tower or another provider. Such additional shall be considered a collocation.

            4.   Existing on-site vegetation shall be maintained to the maximum extent possible and vegetation that will be preserved must be identified on the site plan. In addition, the perimeter of the site shall be planted with at least one row of evergreen shrubs capable of forming a continuous hedge.

            5.   Neither the owner(s) of the property on which the wireless telecommunication facilities are located, nor the service provider in charge of the facility, shall permit such facility, including the grounds on which it is constructed, to fall into a state of disrepair. All towers, antennas, equipment, related structures and grounds shall be maintained in accordance with the requirements of this code and as well as any other applicable ordinances or regulations.

            6.   All applications to install wireless telecommunication facilities shall comply with the collocation requirements set forth in division (j)(10) of this section.

            7.   Underground wireless telecommunications equipment buildings are especially encouraged, especially on zoning lots in or abutting residential zoning districts where a tower is placed.

            8.   All wireless telecommunication towers shall be a non-contrasting gray or similar color minimizing their visibility, unless otherwise required by the FCC or the Federal Aviation Administration (FAA). All appurtenances and accessory facilities/structures shall be aesthetically and architecturally compatible with the surrounding environment and the use of camouflage or architectural treatment that enhances the appearance of the facility and its environment is encouraged.

            9.   No advertising is permitted anywhere upon or attached to any wireless telecommunication facility, including equipment shelters and fencing, unless required by an applicable governmental agency. Signs shall not be illuminated in any manner. Luminous paint may be used on signs if approved by the Code Administrator and/or the Planning Commission.

            10.   No tower shall be artificially lit except as required by the FAA. Security lighting shall be permitted for the wireless telecommunications equipment building and other auxiliary structures, if any, and such lighting shall be subject to the requirements of § 1226.04: Outdoor Lighting.

            11.   “No Trespassing” signs shall be posted around the wireless telecommunication facility and any accessory facilities/structures. In addition, each facility shall be identified with a two-square foot sign showing the telephone number of the person to be contacted in the event of an emergency, the longitude and latitude, the base elevation, the tower height and the facility owner. The owner of the facility shall provide the city’s emergency dispatch operators with a list of emergency contact numbers.

            12.   The city reserves the right to require the installation of a decorative city nameplate on the tower as a camouflaging technique and this shall be at the expense of the provider.

            13.   Access and parking.

               a.   All zoning lots on which are located towers and related wireless telecommunications facilities shall abut a public right-of-way.

               b.   Existing or new roads shall be used for access. The type and construction of such roads shall be regulated by Chapter 1238: Subdivision Design Standards.

               c.   If available, existing parking shall be used and not expanded.

               d.   If the wireless telecommunications facility is fully automated, a maximum of two parking spaces shall be required for maintenance workers. If the site is not fully automated, a maximum of three parking spaces shall be permitted. Parking specifications shall be as regulated in Chapter 1234: Parking, Access, and Mobility Standards.

            14.   The city may lease or rent at prevailing market rates the use of existing or new towers and related wireless telecommunications facilities to private or public service providers for collocation of antennas. A private or public service provider, or the city, may be the sole user of a tower, antenna or related wireless telecommunications facility. The city may itself lease or rent, or construct, place, modify and/or maintain, towers and related wireless telecommunications facilities on public or private property for exclusive or shared operations with other private or public service providers, and may charge any reasonable leases, fees or permits in a manner as would a private wireless telecommunications service provider under similar business circumstances.

         B.   Additional standards for historic places or districts.

            1.   Any application to locate a wireless telecommunication antenna on a building or structure that is listed on the Register of Historic Places, or is in an historic district, shall be subject to review by the Historic Planning Commission for appropriate design guidelines.

            2.   In any historic district, wireless telecommunications towers and related facilities shall not be located, unless it is proven that in order to provide wireless telecommunications service, such towers or facilities may not be located elsewhere within the city. Any tower and related wireless communications facility, including the equipment building, shall be camouflaged in such districts as herein described. Prior to approval, the provider shall demonstrate by clear and convincing evidence that if towers and related wireless telecommunications facilities are located in a historic district, they shall not adversely affect the natural or human-made environment or the architectural setting, and that their location shall not pose any reasonable risk to the health and safety of residents within 300 feet of the boundaries of the historic district.

         C.   Additional standards for accessory antenna attached to structures. The following standards shall be applicable to wireless telecommunication antennas not attached to a tower and which are built as accessory uses in business, industrial, institutional and multi-family structures.

            1.   The height of the telecommunication antenna support structure and accessory facilities/structures shall not exceed the structural height limitations in the zoning district in which they are permitted by more than 60 feet.

            2.   The telecommunication antenna and accessory facilities/structures shall be designed with camouflaging techniques or will be side-mounted to an antenna support structure in order that the wireless telecommunication facilities harmonize with the architecture of the building/structure on which they are mounted and the character and environment of the area in which they are located.

            3.   The applicant shall be required to submit information to demonstrate that a study was completed and it was determined that the building or structure on which the antenna is to be attached is structurally capable of supporting the additional antenna.

      (8)   Standards applicable to wireless telecommunication towers.

         A.   Towers shall be of the freestanding lattice or monopole type.

         B.   Telecommunication tower setbacks shall be set back a minimum of 50% of the total height of the tower, or 50 feet, whichever is more, from any adjacent property line as measured from the base of the tower. Any guy wires associated with a tower shall only be placed on the same property as the tower.

         C.   Telecommunication towers shall be set back a minimum of 200 feet from any residential district.

         D.   The maximum height of a tower shall be 200 feet unless a technically logical reason for locating a higher tower is demonstrated to the satisfaction of the Planning Commission and Council to be in order, on a case-by-case basis, by the wireless telecommunications service provider making the request. When a higher tower is required by provision of law consistent with the Telecommunications Act of 1996, Pub. Law No. 104-104, Sec. 1(a), Feb. 8, 1996, 110 Stat. 56, as may from time to time be amended, the provider shall submit written verification of such fact. Towers less than 200 feet in height are especially encouraged.

         E.   Equipment shelters and other accessory facilities shall comply with any setback requirements in the applicable zoning district.

         F.   A wireless telecommunication tower may be approved where there is already an existing principal use, regardless of whether it is associated with the wireless telecommunication provided, subject to the following additional conditions.

            1.   The existing use on the property is a permitted use in the district. The wireless telecommunication facility shall not infringe upon the required parking access and yard requirements, easements, drainageways and basin of the main structure and/or site.

            2.   Service access to the equipment shelter shall, whenever feasible, be provided along existing circulation of the existing use of vehicular areas, which can be roadways, parking areas and driveways.

            3.   The tower shall comply with all setback and height requirements of this division.

      (9)   Standards applicable to wireless telecommunication facilities in residential districts.

         A.   The installation of a new wireless telecommunications tower in any residential district is prohibited except when installed on a property owned by the city, township, Lorain County or state. In such cases, a conditional use approval shall be required and shall also comply with the following.

            1.   The tower shall not be located in any conservation easements or on a site with historical or natural landmarks.

            2.   The Planning Commission may establish a maximum height for the tower based on the proximity to surrounding lots and the use of such lots. The Planning Commission may also take into account how the site is used by the city, township, Lorain County or the state.

            3.   A freestanding telecommunication tower or pole may be required to be disguised as a tree if its presence is deemed to have a negative impact on the environment in which it is proposed to be located.

            4.   The city may lease municipally-owned property for wireless and cellular telecommunication antennas, monopole and lattice towers and associated facilities if they meet the requirements of this division (j)(9).

         B.   Wireless telecommunication antennas attached to existing nonresidential buildings or multi-family dwellings (apartment buildings) are permitted with the issuance of a zoning permit when such antennas are in compliance with the standards of this division (j)(9) including:

            1.   The wireless telecommunication antenna may be a maximum of 60 feet above the structure or building to which it is attached; and

            2.   If the applicant proposes to locate the wireless telecommunication accessory facilities/structures or equipment in a separate equipment shelter, the equipment shelter shall comply with the accessory building standards for the zoning district in which it is located in addition to the following:

               a.   Vehicular access to the accessory facilities/structures or equipment shelter shall not interfere with the parking or vehicular circulation on the site for the principal use, and the access path shall be paved with asphalt or concrete; and

               b.   The shelter must be designed to be compatible with the residential design character of the neighborhood or immediate area of location. This design compatibility shall be reviewed by the following: roof style and material, building wall material and landscaping.

      (10)   Collocation requirements.

         A.   The city encourages the location of wireless and cellular telecommunication facilities on publicly-owned properties, thereby reducing the visual impact of such facilities. Persons desiring to construct a telecommunication antenna and tower shall consider publicly-owned land first.

         B.   No new telecommunication tower shall be constructed in the city unless such tower is capable of accommodating at least one additional wireless telecommunication antenna owned by another person if the height of the tower will be at least 60 feet tall, or two additional antenna owned by other people if the height of the tower will be at least 100 feet tall.

         C.   The applicant shall list the location of every tower, building and structure within such area that could support the proposed telecommunication antenna. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building or structure irrespective of the city, township and county jurisdictional boundaries. If another telecommunication tower is technically suitable, the applicant must show that an offer was made to collocate an antenna on that tower and that the offer was not accepted. The applicant shall provide documentation containing a list of the telecommunication facility site locations and owners of telecommunication towers, buildings and structures which were contacted, the date of such contact, any offers of reciprocal rights to install antennas on the applicant’s locations, and the reason why the proposed antennas cannot be located on the existing structures.

      (11)   Removal of abandoned facilities. Any license renewal requires that all providers utilizing telecommunication towers present a report to the city of any tower and accessory facilities/structures located in the city whose use will be discontinued and the date this use will cease. If at any time the use of the telecommunication tower and accessory facilities/structures is discontinued for a continuous period of 180 days, the Code Administrator may declare the telecommunication tower and accessory facilities/structures abandoned. The owner/operator of the telecommunication tower and accessory facilities/structures will receive written notice from the Code Administrator and be instructed to either reactivate use of the telecommunication tower and accessory facilities/structures within 180 days or dismantle and remove the telecommunication tower and accessory facilities/structures.

      (12)   Nonconforming facilities. Except as provided in this chapter, any use being made of an existing tower or antenna support structure on the effective date of this code and any amendment thereto shall be allowed to continue, even if it is in conflict with this section. Any change or improvement made to an existing telecommunication tower shall comply with this section.

   (k)   Administrative, business or professional offices. Business and professional offices are permitted within the P-I District when the offices serve or are an integral part of a principally permitted public and institutional use. Such office space shall not occupy more than 25% of the total floor area of buildings on the same lot.

   (l)   Adult entertainment businesses.

      (1)   Purpose and findings.

         A.   It is the purpose of this division (l) to regulate adult entertainment businesses in order to promote the health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of adult entertainment businesses within the city. The provisions of this division do not have the purpose or effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Further, it is not the intent of this division to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment of their intended market. Neither is it the intent nor effect of this division to condone or legitimize the distribution of obscene material.

         B.   City Council has received substantial evidence concerning the adverse secondary effects of adult uses on a community findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theaters, Inc., 427 U.S. 50 (1976) and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities, including, but not limited to Phoenix, Arizona; Tucson, Arizona; Garden Grove, California; Los Angeles, California; Whittier, California; Indianapolis, Indiana; Minneapolis, Minnesota; St. Paul, Minnesota; New York, New York; Cleveland, Ohio; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; and Seattle, Washington.

      (2)   Classification. Adult entertainment businesses shall be classified as follows:

         A.   Adult arcades;

         B.   Adult bookstores, adult novelty stores or adult video stores;

         C.   Adult cabarets;

         D.   Adult motion picture theaters; and

         E.   Adult theaters.

      (3)   Locational requirements. All adult entertainment businesses shall meet the following location requirements.

         A.   No adult entertainment business shall be established within 1,000 feet of any area zoned for residential use or any lot on which is located a residential use.

         B.   No adult entertainment business shall be established within a radius of 1,000 feet from any educational institution or cultural institution, whether public or private, governmental or commercial, which educational institution or cultural institution is attended by persons under 18 years of age.

         C.   No adult entertainment business shall be established within a radius of 1,000 feet from any commercial recreational facility (indoor or outdoor) which is primarily advertised for families and/or children where such facility is attended by persons under 18 years of age.

         D.   No adult entertainment business shall be established within a radius of 1,000 feet from any active recreational facility or a passive park, open space or natural area.

         E.   No adult entertainment business shall be established within a radius of 1,000 feet from any business licensed pursuant to the alcoholic beverage control regulations of the State of Ohio.

         F.   No adult entertainment business may be established, operated or enlarged within 1,000 feet of another adult entertainment business.

         G.   Not more than one adult entertainment business shall be established or operated in the same building, structure or portion thereof.

         H.   No adult entertainment business shall be established within a radius of 1,000 feet from any place of worship.

         I.   The distances specified in this section shall be measured in a straight line, without regard to intervening structures, from the nearest point of the premises in which the proposed adult entertainment business is to be established to the nearest property line of a use or zoning classification listed above or another adult entertainment business. The presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

      (4)   Nonconforming adult entertainment business. Any adult entertainment business lawfully operating on April 27, 1998, that is in violation of any of the provisions of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use.

      (5)   Development standards. Sexually oriented businesses are subject to the following standards.

         A.   No adult entertainment business shall be located in any temporary or portable structure.

         B.   No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

         C.   Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance or exit to the business.

         D.   All entrances to an adult entertainment business shall be clearly and legibly posted with a notice indicating that minors are prohibited from entering the premises.

         E.   The adult entertainment business shall not conduct or sponsor any activities, which created a demand for parking spaces beyond the number of spaces required by the business.

         F.   No adult entertainment business shall be operated in any manner that permits the observation of any persons or material depicting, describing or related to specified sexual activities or specified anatomical areas, inside the premises, from any public way or from any location outside the building or area of such establishment. This provision shall apply to any merchandise, display, decoration, sign, show window or other opening.

   (m)   Animal boarding, training or daycare facilities.

      (1)   All structures and outdoor run areas designed to house or accommodate animals, either permanently or temporarily, shall be set back a minimum of 200 feet from all lot lines. All other structures related to the use of the property shall be set back in accordance with the applicable zoning district.

      (2)   Care and boarding of animals shall be limited to domestic animals and may not include cattle, horses, swine or other similarly sized animals.

      (3)   A solid wood fence or masonry wall with a minimum height of six feet shall be constructed where a kennel or animal boarding facility is located adjacent to a residential zoning district.

   (n)   Automobile, motorcycle, recreational vehicle sales and leasing.

      (1)   The sale of used vehicles, including the display, offering for sale and dealing of used vehicles, shall only be permitted as an accessory use to an establishment that sells new vehicles and such sale at retail, display, offering for sale and dealing of used vehicles shall be operated in conjunction with, on the same lot as, and under the same ownership and management of, the new vehicle sales or leasing establishment. Sales may take place on a separate lot if that lot is under the same ownership as the new vehicle sales or leasing establishment and is within 500 feet of walking distance along a legal path, including any crosswalks.

      (2)   Display of vehicles for sale shall be located on a paved surface and shall comply with the parking requirements of Chapter 1234: Parking, Access, and Mobility Standards.

      (3)   The storage of any boats to be repaired or in dry-dock shall be located in the rear yard and shall not occupy more than 60% of the rear yard.

      (4)   All work on vehicles, including, but not limited to, cleaning, servicing, and repair, shall be done only in an enclosed building and shall be subject to same standards as an automotive repair and service establishment (see division (o) of this section) or automotive repair and service (major) establishment (see division (p) of this section), as applicable.

   (o)   Automotive repair and service (minor) and fuel stations.

      (1)   Fuel pumps shall be set back a minimum of 40 feet from all lot lines and 100 feet from all adjacent lot lines of lots in residential zoning districts.

      (2)   Canopies shall be set back a minimum of 20 feet from all lot lines and 50 feet from all adjacent lot lines of lots in residential zoning districts.

      (3)   All hydraulic hoists, oil pits and all lubricants, greasing, vehicle washing and repair equipment shall be enclosed entirely within a building. No outdoor disassembly or repair of motor vehicles shall be permitted.

      (4)   Activities shall be limited to:

         A.   The sale of automotive fuel;

         B.   The servicing of motor vehicles with minor repair work;

         C.   Hand washing of vehicles within an enclosed building; and

         D.   The retail sale of vehicle parts and products relating to minor repair work, such as, but not limited to, oil, grease, tires, antifreeze, batteries, windshield wipers.

      (5)   Space for overnight parking, overnight accommodations, or the inclusion of showers within the building shall be prohibited.

      (6)   Any major repair work, including, but not limited to, automobile body repair and painting, automobile glass work, automobile transmission work, automobile engine overhaul and repair, and radiator repair work shall be classified as “automotive repair and service (major)” and shall be subject to division (p) of this section.

      (7)   Vehicles being serviced or awaiting same shall be stored for no longer than 14 days on the site if in unenclosed areas.

      (8)   All repair work must be performed in a fully enclosed building.

      (9)   There shall be no more than two driveway openings along any frontage.

      (10)   The storage and disposal of solid waste and recyclable materials, including used or discarded motor vehicle parts or equipment, and fluids, shall comply with all applicable federal, state and local requirements.

      (11)   Outdoor solid waste and recyclable storage areas shall be screened in accordance with § 1232.05: Screening Requirements.

   (p)   Automotive repair and service (major).

      (1)   A major automotive repair and service establishment shall be subject to the same requirements as an automotive repair and service establishment as established in division (o) of this section.

      (2)   The principal structure shall be set back a minimum of 150 feet from any residential zoning district. Parking for the storage of vehicles, whether operational or non-operational, shall be set back a minimum of 50 feet from any adjacent lot in a residential district.

      (3)   The storage of non-operational vehicles for longer 14 days shall be permitted if stored in the rear yard and screened by a solid wall or fence with a minimum height of six feet.

      (4)   The use may be subject to additional screening requirement in accordance with 1232.04: Landscaping Requirements.

      (5)   Vehicle service and repair shall be done in an enclosed building. A temporary zoning permit shall be obtained for outside repair of oversized vehicles that would take longer than five consecutive days. Temporary zoning permits can only be granted under the following conditions:

         A.   The vehicle exceeds the height and width of the service repair garage;

         B.   The temporary outside repair shall not involve the construction of permanent lift or repair apparatus;

         C.   Temporary outside repair shall only be allowed for a period not exceeding 30 days in a calendar year; and

         D.   The outdoor repairs shall not be conducted in the required setback yards, loading spaces, parking spaces, aisles and/or drives.

      (6)   Vehicles awaiting repair shall be parked in designated parking spaces and shall not encroach on driving aisles, landscaped areas and drive approaches. No part of the street right-of-way shall be used for parking of vehicles awaiting service.

      (7)   Damaged or inoperable vehicles shall not be used for storage purposes.

   (q)   Funeral homes.

      (1)   Vehicular use areas shall be designed to allow for the queuing of vehicles if funeral processions are intended to originate or terminate at the establishment.

      (2)   All funeral homes shall be located so as to provide access from an arterial street.

      (3)   Cremation services shall be permitted only in the I-1 and I-2 Districts.

   (r)   Hotels and motels.

      (1)   Principal buildings shall be set back a minimum of 150 feet from all adjacent lot lines of lots in residential zoning districts.

      (2)   The use shall only be permitted on lots with frontage along a collector or arterial road.

   (s)   Microbrewery, microdistillery or microwinery.

      (1)   A microbrewery, microdistillery, and microwinery shall be allowed in the B-1, B-2 and B-3 Districts when the majority of the floor area is dedicated to being used for restaurant service or for the serving of drinks made on site so that the use fits into the retail character of the districts. Drinks made off-site may also be permitted provided the majority of drinks offered for sale are made on site.

      (2)   A microbrewery, microdistillery, and microwinery in the I-1 District may include a taproom area to serve customers drinks made on site provided the floor area of the taproom does not exceed 65% of the total footprint of the use. Food service may be included within the 65% total footprint. Drinks made off site may also be permitted provided the majority of drinks offered for sale are made on site.

   (t)   Nursery schools and day care centers.

      (1)   Day care facilities shall only be allowed in residential zoning districts when it is accessory, and on the same lot, as an approved or permitted educational institution or place of worship.

      (2)   Day care facilities in any residential district shall only be allowed when access to the use is from a collector or arterial street.

      (3)   Picking up and dropping off of children shall not create unsafe conditions. Loading and unloading of children from vehicles shall only be allowed in the driveway or in an approved parking area.

   (u)   Parking lot. A parking lot may be permitted as the principal use of a lot if the parking lot is associated with another principal use on a lot that is within 500 feet of the lot line that contains the parking lot.

   (v)   Personal services, retail businesses and restaurants. Personal services, retail businesses and restaurants may be permitted in the I-1, I-2 or P-1 Districts provided that the total square footage of space dedicated to all of these uses is limited to a maximum of 20% of the total floor area.

   (w)   Vehicle washing establishments.

      (1)   All structures shall be set back a minimum of 50 feet from any adjacent lot lines of lots in residential zoning districts. Any self-service washing establishment or portion of a building used for self-service washing shall be set back a minimum of 150 feet from any adjacent lot lines of lots in residential zoning districts.

      (2)   In order to prevent excessive pooling of water in the street right-of-way, the facility must be equipped with a dryer or must demonstrate adequate drainage on-site to accommodate all water used for cleaning.

      (3)   There shall be adequate provision for the disposal of waste water and the prevention of surface runoff.

      (4)   Vacuuming and/or steam cleaning equipment may be located outside, but shall not be placed in the yard adjoining a residential zoning district. Such areas shall be set back a minimum of 150 feet from any adjacent lot lines of lots in residential zoning districts.

      (5)   The use shall be subject to the vehicle waiting space requirements of § 1234.18.

   (x)   Metal salvage and junk storage.

      (1)   The storage of any metal salvage, scrap iron or junk, including inoperative or wrecked vehicles, containers, secondhand building materials or other salvageable materials, shall be within a solid wall or fence, including solid gates, having a minimum height of ten feet. Materials shall not be piled or stored higher than one foot below the top of the fence or wall.

      (2)   All fences or walls required in this section shall be constructed of uniform materials painted or otherwise preserved and approved by the Planning Commission. Additional fences, walls or evergreen hedges may be required by the Commission if necessary, to adequately screen the materials from adjoining residential zoning districts or public streets.

      (3)   Any buildings or structures associated with the use shall be set back a minimum of 200 feet from the property line of any residential lot or zoning district.

      (4)   Exterior junk piles shall be arranged in a manner (with drives for accessibility) for the purposes of fire protection and access.

      (5)   No burning of junk or other materials shall be permitted.

   (y)   Self-storage facilities - indoor and outdoor.

      (1)   The leases for all self-storage units shall include clauses related to the following:

         A.   The storage of flammable liquids or radioactive, highly combustible, explosive or hazardous materials is prohibited;

         B.   That the tenant shall be required to provide access to the Fire Department up to three times per calendar year for inspections related to the fire code; and

         C.   The property may not be used for any uses other than dead storage.

      (2)   There shall be no retail sales on the property with the exception that the owner or their designee may hold an auction on the site up to four times a year for the purpose of selling goods stored in units.

      (3)   The Avon Lake Fire Department shall be provided with 24-hour access to the grounds and buildings. A lockbox shall be provided for its use.

      (4)   The maximum size of individual storage compartments shall be 500 square feet.

      (5)   The outdoor storage of inventory, materials, vehicles or merchandise is prohibited, unless specifically approved by the Planning Commission as part of a conditional use approval for a self-storage facility (outdoor).

      (6)   Sale, repair, fabrication or servicing of goods, motor vehicles, appliances, equipment, or materials or similar activities shall be prohibited in or from self-service storage facilities.

      (7)   Self-storage facilities may not be used for residential purposes.

      (8)   Except for sinks and restroom facilities provided solely for the use of the managers or security personnel of self-storage facilities containing more than ten individual storage units, neither sinks nor restroom facilities shall be permitted within self-storage facilities.

      (9)   No storage unit door opening in a self-storage facility (outdoor) shall face a residential district.

   (z)   Truck terminals.

      (1)   Truck routes shall be established and approved by the Planning Commission.

      (2)   All buildings shall be set back a minimum of 100 feet from a residential zoning district.

      (3)   There shall be no outside storage of materials, goods, and products and the like.

   (aa)   Vehicle storage. Storage areas shall be located in the side or rear yard within the off-street parking areas and shall meet the minimum parking setback requirements in § 1234.06: Setback Requirements.

(Ord. 21-161, passed 12-13-2021)