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1250.04  SUPPLEMENTAL REGULATIONS FOR SPECIFIC USES.
   The following are specific criteria and requirements for certain conditional uses and are in addition to the general criteria set forth in Section 1250.02 and the lot area and width and yard regulations set forth in Schedules 1250.03(a)(1) and 1250.03(a)(2).
   (a)   Agriculture.
      (1)   Permits the cultivation of land for the purposes of producing, processing and marketing crops.
      (2)   Permits the raising of livestock limited to horses, animals for work, dairy or poultry purposes (excluding roosters), or those animals raised for wool, fleece or other natural fibers.
      (3)   Buildings used for selling or processing products produced on the premises may be constructed when the building:
         A.   Is set back from the street right-of-way line a distance equal to or greater than the existing buildings on either side of the property, or the building is set back equal to the setback required for the permitted use in the zoning district, whichever is greater.
         B.   Is a minimum of fifty (50) feet from all other property lines.
         C.   Has a maximum height of thirty-five (35) feet.
         D.   Is appropriately landscaped around its perimeter to maximize the objective that, overall, the agricultural use and the site fulfill, in part, the City's open space objective.
      (4)   Storage areas and fence enclosures shall be located in the side or rear yard, set back a minimum of 20 feet from the property lines, and shall be reasonably screened from the public street and surrounding nearby residences by appropriate landscaping. Refer to Chapter 1240 for other fencing regulations.
      (5)   Off-street parking related to agricultural uses shall be located as far from existing residential development as practicable.
      (6)   Outdoor displays of products offered for sale or activities associated with processing or marketing 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)   Automatic Teller Machines.  All except for those located within the principal building and accessible only during regular banking or business hours should meet the following conditions:
      (1)   It should be located to be the least disruptive to pedestrian and vehicular traffic.
      (2)   There should be adequate and safe standing space for persons waiting to use the facility, including:
         A.   Adequate lighting
         B.   Being visible and open to the general public to the extent possible.
   (c)   Automobile and Truck Sales, Leasing and Rental.
      (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 a new car agency 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 car agency.
      (2)   Lighting for all areas used for the outdoor display of automobiles shall be in accordance with a plan approved by the Planning Commission.
      (3)   Display of vehicles for sale shall be located on a paved surface and shall comply with the parking setbacks according to the regulations in Section 1244.04.
      (4)   All work on vehicles, including, but not limited to, servicing and repair, shall be done only in an enclosed building.
   (d)   Bars and Taverns.  All activities should take place in a fully enclosed sound-resistant building with closed windows and doors which can be securely locked.
   (e)   Boat Sales, Charter Leasing and Rental.
      (1)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 sixty percent (60%) of the rear yard.
      (2)   Lighting for all areas used for the outdoor display of boats shall be in accordance with a plan approved by the Planning Commission.
      (3)   Display of vehicles for sale shall be located on a paved surface and shall comply with the parking setbacks according to the regulations in Section 1244.04.
      (4)   All work on boats, including, but not limited to, cleaning, servicing and repair, shall be done only in an enclosed building.
   (f)   Car Wash.
      (1)   In order to prevent excessive pooling of water in the street right-of-way, the facility should be equipped with a dryer. This requirement applies only to "drive out" or "tunnel type" facilities, not self-serve facilities.
      (2)   There shall be adequate provision for the disposal of waste water and the prevention of surface runoff.
      (3)   A minimum of 2 waiting spaces per stall shall be provided.
   (g)   Child Day Care Center.
      (1)   In order to minimize any adverse impact on surrounding residential property, they should be placed, to the extent possible:
         A.   On the extremity of the Single-Family District (near Multiple-Family) if located on a local street; or
         B.   On a collector street.
      (2)   The play area should be fenced in order to provide a safe and secure environment for the children.
      (3)   Drop-off/pick-up should be located so as not to impede traffic safety.
      (4)   Parking should be on the same lot as the principal use to avoid the necessity for parents/children to cross streets/access driveways.
   (h)   Drive-Through and Drive-In Facilities.
      (1)   They should be located on a major street so as to be the least disruptive to vehicular and pedestrian traffic.
      (2)   Loudspeakers shall be approved as part of the site plan.
      (3)   The Planning Commission may impose restrictions on the hours of operation.
   (i)   Gasoline Service Station.
      (1)   They should be located to cause the least interference with pedestrian and vehicular traffic to other uses in the district.
      (2)   The minimum distance from the following structures to the right-of-way is:
         A.   40 feet for fuel pumps; and
         B.   20 feet for canopies.
      (3)   Outdoor display of material for sale shall comply with subsection (r) hereof.
      (4)   Adequate parking for any retail uses associated with the station shall be provided in accordance with the regulations in Schedule 1264.03.
   (j)   Golf Courses.
      (1)   May be a par three, executive, or full-length course. Miniature golf courses are not permitted for Residential Districts.
      (2)   All structures must be at least 200 feet from any property line and 150 feet from the street right-of-way line with the exception of golf cart paths which are part of a planned unit development or integrated into a residential development. The setbacks for said golf cart paths shall be determined by the Planning Commission.
      (3)   A minimum of 85 parking spaces are required for a full-length course, 60 for an executive course, and 45 for a par three course, and such parking shall be located:
         A.   At least 200 feet from a residential property line; and
         B.   At least 75 feet from the street right-of-way.
      (4)   Lighting must be directed away from abutting and neighboring properties and no lights are permitted on the fairways.
      (5)   No more than one residential dwelling is permitted to be used exclusively by the caretaker.
      (6)   Permitted accessory uses include a clubhouse, restaurant (counter and table service), party room(s), golf pro shop, equipment storage buildings, driving range, swimming pool, tennis courts and playground. Any accessory use must immediately cease if the golf course is discontinued.
   (k)   Hospitals.  Health care facilities may be permitted in compliance with the following:
      (1)   Such uses shall be located adjacent to a major street or at an intersection with a major street, or, when in a Multiple-Family Residential District, it shall abut a commercial district.
      (2)   Access drives shall be located no less than 100 feet from an intersection.
   (l)   Hotels/Motels.  It should be located on a primary street and shall be located at least 150 feet from any Residential District.
   (m)   Manufacturing of Products From Raw Materials.  In addition to the performance standards in Section 1246.05, any proposed use requires a complete description of the operation, including, but not limited to, the following:
      (1)   The materials used in the process;
      (2)   The amount and location of any stored materials; and
      (3)   The projected noise and emission levels.
   (n)   Movie Theaters.  Because the peak activity periods for theaters do not typically correspond with other retail uses, they should be located so as not to disrupt the continuity of the retail area.
   (o)   Museums, Libraries.  These uses may be permitted as long as they are open to the public during normal retail business hours.
   (p)   Nightclubs.
      (1)   These uses should be located at least 150 feet from any Residential District.
      (2)   All activities should take place in a fully enclosed sound-resistant building with closed windows and doors which can be securely locked.
   (q)   Outdoor Commercial Recreation.
      (1)No motorized equipment is permitted.
      (2)   No uses permitted that involve the discharge of firearms is permitted.
      (3)   No use shall generate noise, odor, dust or smoke beyond the premises at levels higher than those for permitted uses. Paving and additional noise reduction measures may be necessary to assure that the level of noise that is generated is less than or the same as the prevailing levels.
      (4)   The hours of operation may be regulated by the Planning Commission.
      (5)   The recreation areas may require fencing in order to minimize potential hazards.
   (r)   Outdoor Display of Materials for Retail Sale Accessory to a Principal Use.
      (1)   All areas to be used for display of materials for sale should be indicated on the site plan.
      (2)   If goods for sale are displayed on the exterior of the building, they should;
         A.   Comply with the principal building setback established in Schedule 1244.04;
         B.   Not be located in areas intended for traffic circulation and required parking; and
         C.   Be secured against theft, vandalism or loss to the extent possible.
         D.   Comprise a maximum area of 400 square feet or twenty percent (20%) of the floor area of the principal building, whichever is greater.
   (s)   Outdoor Storage of Materials Accessory to a Principal Use.
      (1)   All areas to be used for outdoor storage should be indicated on the site plan.
      (2)   It should be located in the rear yard and:
         A.   Comply with the principal building setbacks established in Schedule 1244.04 for uses in B-2 Districts and Schedule 1246.04 for uses in LI Districts.
         B.   Be secured against theft, vandalism or loss to the extent possible.
   (t)   Outdoor Metal Salvage, Scrap Iron or Junk Storage.  The following requirements shall be complied with as conditions for granting a conditional use permit for metal salvage, scrap iron and junk storage establishments.
      (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 10 feet. Materials shall not be piled or stored higher than 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 Commission.  Additional fences, walls or evergreen hedges may be required by the Commission if necessary to adequately screen the materials from adjoining Residential Districts or public streets.
   (u)   Outdoor Special Event.  (See also Section 1260.07 )  An outdoor special event may be conditionally permitted in any Office, Business or Industrial District in compliance with the following:
      (1)   An outdoor special event may include activities in an area where property is publicly owned so long as the owner of such public property files with the application for such event a written consent for the activities proposed to be conducted on its property;
      (2)   The conditional use permit issued for such use may contain special limitations thereon in accordance with the circumstances which may attend each such requested use with respect to available parking, duration, impact on adjacent property, traffic considerations, signs, etc.
      (3)   Only activities being conducted for more than 45 days are subject to the provisions of this section and the conditional use procedures for approval.
   (v)   Public Parks, Playgrounds and Recreation Areas.
      (1)   Lighting shall not shine on adjacent properties.
      (2)   Fields, courts and other activity areas shall not be located in a required yard setback.
      (3)   Outdoor play areas may be required to be fenced to minimize potential hazards.
   (w)   Public Safety, Service and Maintenance Facilities.
      (1)   Storage of materials shall conform to the regulations in subsection (r) hereof.
      (2)   Because these uses are non-retail in nature and the peak activity periods, including both pedestrian and vehicular traffic flow, do not correspond with a typical retail business, they should be located, to the extent possible, at intersections and/or at the extremity of the district.
   (x)   Public Utility Transmission/Distribution Stations.
      (1)   Locations should offer natural or man-made barriers to mitigate any adverse effects on surrounding areas.
      (2)   Storage of materials is prohibited in R-1, R-1A, R-1B, R-2 and R-3 Districts, and if located in a B-1, B-2, O or LI District, such storage shall conform to the regulations in subsection (r) hereof.
      (3)   Permitted in Residential Districts only when essential for distribution of service to the immediate neighborhood or when topographical features restrict the location of such facilities.
      (4)   They should be located to be the least disruptive to a Residential District as possible and they should be located, to the extent possible, at intersections and/or at the extremity of Business Districts.
   (y)   Repair Garage.
      (1)   All work must be performed in a fully enclosed building.
      (2)   The garage must be located at least 150 feet from any Residential District if the subject property is contiguous to a Residential District.
   (z)   Restaurants (Counter Service).
      (1)   They should be located so as to be the least disruptive to pedestrian and vehicular traffic.
      (2)   For counter service restaurants with drive-through facilities, also refer to Section 1250.04(h).
      (3)   Permitted only on the first floor or basement of any office building.
      (4)   The restaurant area shall not exceed ten percent (10%) of the gross floor area of an office project nor fifty percent (50%) of the area of the first floor of an office building.
   (aa)   Restaurants (Table Service).
      (1)   Permitted only on the first floor or basement of any of office building.
      (2)   The restaurant area shall not exceed ten percent (10%) of the gross floor area of an office project nor fifty percent (50%) of the area of the first floor of an office building.
   (bb)   Schools and Places of Worship.
      (1)   Any play areas should be fenced to minimize traffic hazards.
      (2)   Drop-off/pick-up locations should be designed so as not to impede traffic safety.
      (3)   If located in a Business District, they should be located, to the extent possible, at intersections and/or at the extremity of districts because these uses have peak activity periods, including both pedestrian and vehicular traffic flow, that do not correspond with a typical retail business.
   (cc)   Self-Service Storage Facility
      (1)   General regulations:
         A.   The users may use the storage spaces only for the purpose of storing personal property.
         B.   the size of each storage unit shall not exceed 500 square feet.
         C.   Radioactive material, explosives and flammable or hazardous chemicals shall be prohibited from storage.
         D.   The out door storage of inventory, materials, vehicles or merchandise is prohibited, unless specifically approved by the Planning Commission during the application process for the requested conditional use.
         E.   Sale, repair, fabrication or servicing of goods, motor vehicles, appliances, equipment, or materials or similar activities may not be conducted in or from self-service storage facilities.
         F.   Self-storage facilities may not be used for residential purposes.
         G.   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.
         H.   The Fire Department shall have access to the individual storage units for the purpose of inspection to determine compliance with this section and with the Ohio Fire Code.
         I.   No storage unit door opening shall face a residential district.
      (2)   Owners of leased self-service storage facilities must include language within the lease for the individual storage units advising the lessees of the regulation drafted pursuant to this section and shall further contain a provision authorizing inspection of the storage units by the Fire Department up to three times per calendar year.
   (dd)   Senior Citizen Housing.  Multiple-family developments that are intended to be exclusively devoted to seniors are permitted in any Residential District and shall include independent or assisted living arrangements with congregate dining and/or recreational facilities, nursing home facilities and retail services as further regulated in paragraph (dd)(3) hereof.
      (1)   Building setbacks shall be as follows:
         A.   For multiple-family structures more than one (1) story in height with a common hallway and all non-residential structures, the setback shall be 75 feet from any right-of-way and 100 feet from all other property lines.
         B.   For residential detached and attached single-family structures, the setback shall be 50 feet from any right-of-way and 60 feet from all other property lines.
      (2)   The maximum lot coverage for buildings and parking areas shall be sixty percent (60%).
      (3)   Retail services shall be permitted under the following conditions:
         A.   The total floor area shall not exceed twenty percent (20%) or a maximum of 2000 square feet of any first floor.
         B.   No exterior signage shall be permitted.
      (4)   To qualify as a senior citizen housing development the applicant shall present documentation to the satisfaction of the Law Director that ensures that the dwelling units are constructed for and perpetually reserved for senior citizens, as defined in Section 1212.03(98) of this Code.
   (ee)   Storage of Fleet Vehicles Used in the Operation of a Principal Use.  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 Schedule 1244.04.
   (ff)   Studios for Instruction, Arts and Crafts.  These uses may be permitted as long as a portion of the structure is used for retail sale to the general public and open at least during normal business hours.
   (gg)   Truck Terminals.
      (1)   Truck routes shall be established and approved by the Planning Commission; and
      (2)   Shall not be located within 100 feet of any Residential District.
   (hh)   Urgent Care Clinics.  Because this use is non-retail in nature, and because the hours of operation, and therefore the peak activity periods, including both pedestrian and vehicular traffic flow, do not correspond with a typical retail business, they should be located, to the extent possible, at intersections and/or at the extremity of districts.
   (ii)   Bed and Breakfast.
      (1)   Minimum lot size is 1/2 acre.
      (2)   In order to qualify for this use, the dwelling must have been constructed prior to 1960.  As an additional requirement, the original pre 1960 dwelling cannot have been moved, replaced or expanded by more than 25 percent of the gross square feet floor area after the year 1960 in order to qualify.
      (3)   Dwelling must have frontage on Lake Road, Walker Road, Moore Road, Miller Road, Avon Belden Road, or Lear Road.
      (4)   A maximum of 4 bedrooms may be used as overnight guest rooms.
      (5)   The facility must be operated and managed by the property owner or leaseholder, who must reside on the premises while the bed and breakfast is in operation.
      (6)   One parking space shall be provided for each sleeping room.
      (7)   Whenever the dwelling is situated where the same is located closer in either the side yard or rear yard than 50 feet to an adjacent or contiguous dwelling the, in that event, as part of the issuance of a Conditional Use Permit, the applicant shall submit with their application plans for screening the adjacent or contiguous dwelling with adequate mounding, planting and/or fencing.
      (8)   For sign regulation, see Section 1262.02(b)(11).
   (jj)   Retail and Personal Services.
      (1)   Permitted on the first floor or basement of any office building.
   (kk)   Distribution.
      (1)   Must meet the performance standards of Section 1246.05.
      (2)   No outdoor storage of any kind, including, materials, goods, and products, in, including but not limited to, fenced areas, storage buildings, trailers, vans, semi-trailers.
      (3)   No vehicles used in transportation of goods shall be stored on site.
      (4)   No fleet vehicles shall be stored on site.
      (5)   Shall not generate noise beyond the premises at levels higher than those for permitted uses.
      (6)   Location does not impede vehicular and pedestrian traffic flow and safety.
   (ll)   Fabrication/assembly.
      (1)   Must meet the performance standards of Section 1246.05.
      (2)   No outdoor storage of any kind, including, materials, goods, and products, in, including but not limited to, fenced areas, storage buildings, trailers, semi-trailers.
      (3)   No vehicles used in transportation of goods shall be stored on site.
      (4)   No fleet vehicles shall be stored on site.
      (5)   Shall not generate noise beyond the premises at levels higher than those for permitted uses.
      (6)   Location does not impede vehicular and pedestrian traffic flow and safety.
   (mm)   Parking Lot.
      (1)   When proposed as the sole use of a lot.
      (2)   Only permitted when installed to provide parking for one principal use on a lot within 500 feet from the zoning lot occupied by that principal use and accessible to that principal use.
      (3)   Accommodations must be provided for the safety of pedestrian traffic, such as cross walks.
   (nn)   Storage Garage.
      (1)   All work must be performed in a fully enclosed building.
      (2)   The garage must be located at least 150 feet from any Residential District if the subject property is contiguous to a Residential District.
(Ord. 52-99.  Passed 3-22-99; Ord. 19-03.  Passed 1-27-03; Ord. 105-2014. Passed 8-25-14; Ord. 125-2015. Passed 10-13-15; Ord. 76-2018.  Passed 4-30-18; Ord. 16-2019. Passed 2-25-19; Ord. 42-2020.  Passed 4-13-20.)