Loading...
The characteristics and impacts of an ever-increasing number of new and unique uses, together with the broadening of numerous conventional uses, have fostered the development of more flexible regulations designed to accommodate these activities in a reasonable and equitable manner, while safeguarding the property rights of all individuals and the health, safety, and general welfare of the community. Toward these ends, it is recognized that this Planning and Zoning Code should provide for more detailed evaluation of each use listed as a special use in a specific district with respect to such considerations as location, design, size, method(s) of operation, intensity of use, requirements for public facilities and traffic generation. Accordingly, a special use shall be approved only when such proposed special use meets the requirements set forth in this chapter as determined by the Planning Commission according to the procedures set forth in Chapter 1230.
(Ord. 58-01. Passed 5-29-01.)
A special use, and uses accessory to such special use, shall be permitted in a district only when specified as a special use in such district, and only if such use conforms to the following general criteria, which are in addition to specific conditions, standards and regulations set forth in Sections 1280.03 through 1280.06. The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following criteria and shall find adequate evidence that:
(a) The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety or general welfare.
(b) The special use will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not essentially change the character of the same area.
(c) The special use will not be hazardous or disturbing to the existing and future use and enjoyment of properties in the immediate vicinity, nor substantially diminish or impair property values within the neighborhood.
(d) The hours of operation of the proposed special use are similar to other uses permitted in the district.
(e) The establishment of the special use in the proposed location will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(f) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets.
(g) The establishment of the special use should not be detrimental to the economic welfare of the community by creating excessive additional requirements at public cost for public facilities such as police, fire and schools.
(h) There is minimal potential for future hardship on the special use that could result from the proposed use being surrounded by uses permitted by right that may be incompatible.
(Ord. 58-01. Passed 5-29-01.)
In addition to the general criteria established in Section 1280.02, the following specific conditions shall apply.
(a) Supplementary Conditions and Safeguards. Nothing in these regulations shall prohibit the Planning Commission from prescribing supplementary conditions and safeguards in addition to these requirements in order to ensure compliance with the criteria set forth in Section 1280.02.
(b) Conformance with District Regulations. A special use shall conform to the regulations of the district in which it is located and to other substantive requirements of this Planning and Zoning Code, as well as satisfy the conditions, standards and requirements of this chapter. Whenever there is a difference between the provisions of the special use regulations and the district regulations, the provisions of this chapter shall prevail, unless clearly indicated differently in the regulations.
(c) Overall Development Standards.
(1) The Planning Commission may limit the hours of operation to ensure that a special use is compatible with the surrounding uses.
(2) No lighting shall constitute a nuisance and in no way shall impair safe movement of traffic on any street or highway. All outside lighting shall be shielded from adjacent properties.
(3) Floodlights, loudspeakers or similar structures shall not be erected or used in any manner that will cause hazards or annoyance to the public generally or to the occupants of adjacent property.
(4) Landscaping and buffering shall be provided in compliance with Chapter 1294.
(5) All trash receptacles shall be adequately screened in compliance with the regulations set forth in Chapter 1294.
(6) The special use will be designed and constructed so that all access drives, access points to public streets, driveways, parking and service areas shall be in compliance with the regulations set forth in Chapter 1292.
(7) All access drives shall be located as far as practicable from an existing intersection in order to minimize congestion and constricted turning movements.
(8) In any residential district, the percentage of a lot covered by buildings shall not exceed 30% of the total area of the lot.
(Ord. 58-01. Passed 5-29-01.)
Schedule 1280.04 sets forth regulations governing minimum lot area, minimum lot width and minimum yard requirements for principal and accessory buildings and parking areas for special uses in residential districts. Supplemental requirements pertaining to such uses are set forth in 1280.06, and the specific divisions are referenced in Schedule 1280.04, below.
Schedule 1280.04
Special Use | Special Use in District | Minimum Lot Regulations | Minimum Building Setbacks | Minimum Parking Setbacks (1) | Also See Section: | |||
Area | Width | Front | Side/ Rear | Front | Side/ Rear | |||
Special Use | Special Use in District | Minimum Lot Regulations | Minimum Building Setbacks | Minimum Parking Setbacks (1) | Also See Section: | |||
Area | Width | Front | Side/ Rear | Front | Side/ Rear | |||
(a) Accessory farm building | R-1 R-2 R-3 | (2) | (2) | (2) | (2) | NP | 20 ft. | 1280.06 (b) |
(b) Bed and breakfast | R-1 R-2 | 15,000 sq, ft. | 100 ft. | (2) | (2) | (3) | 5 ft. | 1280.06 (d) |
(c) Cemeteries | R-1 R-2 R-3 | 10 acres | 400 ft. | 100 ft. | 50 ft. | 50 ft. | 50 ft. | 1280.06 (f) |
(d) Churches and places of worship | R-1 R-2 R-3 | 1 acre | 150 ft. | (2) | 50 ft. | NP | 20 ft. | 1280.06 (g) |
(e) Commercial farm | R-1 R-2 R-3 | 10 contiguous acres | 200 ft. | (7) | 75 ft. | NP | 20 ft. | 1280.06(b) |
(f) Commercial farm building | R-1 R-2 R-3 | 10 contiguous acres | 200 ft. | (2) | 75 ft. | NP | 20 ft. | 1280.06 (b) |
(g) Congregate care/assisted living facility | R-1 R-2 R-3 | 5 acres | 350 ft. | (2) | 50 ft. | NP | 20 ft. | 1280.06 (h) |
(h) Day care facility, child and adult | R-1 R-2 R-3 | 1 acre | 150 ft. | (2) | 50 ft. | NP | 20 ft. | 1280.06 (i) |
(i) Family home for handicapped persons | R-1 R-2 R-3 | 15,000 sq. ft. | 100 ft. | (2) | (2) | (3) | 20 ft. | 1280.06 (k) |
(j) Farm w/livestock | R-1 R-2 R-3 | 2 acres | 150 ft. | (7) | 60 ft. | NP | 25 ft. | 1280.06(b) |
(k) Flag lots | R-1 R-2 | 30,000 sq, ft. (4) | 60 ft. | (2) | (2) | (2) | (2) | 1280.06 (l) |
(l) Golf courses | R-1 R-2 | 25 acres | 400 ft. | 50 ft. | (5) | 50 ft. | (5) | 1280.06 (n) |
(m) Group home for handicapped persons | R-2 R-3 | 25,000 sq. ft. | 150 ft. | (2) | 20 ft. | (3) | 20 ft. | 1280.06 (o) |
(n) Library | R-1 R-2 R-3 | 1 acre | 150 ft. | (2) | 50 ft. | NP | 20 ft. | 1280.06 (g) |
(o) Public parks and public recreation facilities | R-1 R-2 R-3 | None | None | (2) | 50 ft. | 50 ft. | 20 ft. | 1280.06 (z) |
(p) Public safety facilities | R-1 R-2 R-3 | 1 acre | 150 ft. | (2) | 50 ft. | NP | 20 ft. | 1280.06 (aa) |
(q) Public utility substation | R-1 R-2 R-3 | None | None | (2) | (2) | None | None | 1280.06 (bb) |
(r) Public cultural institutions | R-1 R-2 R-3 | 1 acre | 150 ft. | (2) | 50 ft. | NP | 20 ft. | 1280.06(g) |
(s) Roadside stand | R-1 R-2 | None | None | 5 ft. | (2) | None | None | 1280.06(gg) |
(t) Schools, public or private | R-1 R-2 R-3 | 2 acres | 150 ft. | (2) | 50 ft. | NP | 20 ft. | 1280.06 (g) |
(u) Recyclable materials containers | R-16 R-26 R-36 | None | None | None | None | None | None | 1280.06(ll) |
(v) Non-commercial riding stable | R-1 R-2 R-3 | 2 acres | 150 ft. | (7) | 60 ft. | (7) | 25 ft. | 1280.06(b) |
(1) Except that special uses in an R-3 District shall comply with the parking setbacks established in Section 1264.09. (2) Shall comply with the regulations for the district in which the special use is located. (3) Parking spaces for more than 2 vehicles shall be located in the rear yard. (4) If the portion of the lot providing access to the street right-of-way is less than 100 feet in width, this portion shall not be included in lot area calculations. (6) Only on properties designated as requiring a special use permit. (7) Comply with regulations for the district in which the special use is located or Section 618.12 or chapter 668 whichever is more restrictive. NP = Not Permitted | ||||||||
(Ord. 58-01. Passed 5-29-01; Ord. 222-03. Passed 11-10-03; Ord. 249-03. Passed 12-22-03; Ord. 30-05. Passed 3-28-05; Ord. 56-23. Passed 5-22-23.)
Schedule 1280.05 sets forth regulations governing minimum lot area and minimum lot width requirements for special uses in commercial, office and industrial districts. Supplemental requirements pertaining to such uses are set forth in Section 1280.06, and the specific divisions are referenced in Schedule 1280.05.
Schedule 1280.05
MINIMUM LOT AND YARD REGULATIONS FOR SPECIAL USES IN NONRESIDENTIAL DISTRICTS | ||||
Special Use | Special Use in District | Minimum Lot Regulations | Also See Section: | |
Area | Width
| |||
MINIMUM LOT AND YARD REGULATIONS FOR SPECIAL USES IN NONRESIDENTIAL DISTRICTS | ||||
Special Use | Special Use in District | Minimum Lot Regulations | Also See Section: | |
Area | Width
| |||
(a)(1) An aboveground storage container of flammable/combustible liquids, LPG (liquified petroleum gas), CNG (compressed natural gas) or hazardous materials exceeding 1,500 gallons* | M-1 M-2 | (1) | (1) | |
(a)(2) An aboveground storage container of flammable/combustible liquids, LPG (liquified petroleum gas), CNG (compressed natural gas) or hazardous materials in any size, for the sole purpose of on-site power generation* | C-1, C-2, C-3, C-4, O-1, O-2 | |||
(a)(3) An aboveground storage container of flammable/combustible liquids, LPG (liquified petroleum gas), CNG (compressed natural gas) or hazardous materials larger than 25 gallons but less than 1,500 gallons for sale or distribution* | C-3, C-4 | (1) | (1) | |
(b) Auto service station | C-3 | (1) | (1) | 1280.06(c) |
(c) Bed and breakfast | C-1, C-2 | (1) | (1) | 1280.06(d) |
(d) Car wash | C-3 | (1) | (1) | 1280.06(e) |
(e) Day care facility, child and adult | O-1 O-2 | (1) | (1) | 1280.06(i) |
(f) Drive-thru facility in association with permitted use | C-1 C-2 C-3 C-4 | 1 acre | 150 ft. | 1280.06(j) |
(g) Funeral home | C-1, C-2 | 1 acre | 150 ft. | 1280.06(m) |
(h) Garden center | M-1, M- 2 | 3 acres | 300 ft. | |
(i) Fueling station (gasoline, diesel, EV charging station or the like)# | C- 3 | (1) | (1) | 1280.06(c) |
(j) Helistop | O-2 | (1) | (1) | 1280.06(p) |
(k) Hospital | C-4 O-1 O-2 | 5 acres | 400 ft. | 1280.06(q) |
(l) Indoor commercial recreation | M-1 M-2 | (1) | (1) | 1280.06(r) |
(m) Library and museum | C-1 C-2 C-3 | 1 acre | 150 ft. | 1280.06(g) |
(n) Manufacture of products from raw materials | M-1 | 5 acres | 400 ft. | 1280.06(s) |
(o) Mass transit terminal | O-2 | 5 acres | 400 ft. | 1280.06(hh) |
(p) Mini/self storage facility and self-storage condominiums | M-1, M-2 | 2 acres | 200 ft. | 1280.06(t) |
(q) Offices, business, professional and administrative | C-3 | (1) | (1) | - - |
(r) Offices, medical | C-3 | (1) | (1) | - - |
(s) Outdoor display | C-1 C-2 C-3 | NA | NA | 1280.06(u) |
(t) Outdoor commercial recreation | C-4 M-1 M-2 | (1) | (1) | 1280.06(v) |
(u) Outdoor storage | C-1, C-2, C-3, C-4, O-2 | (1) | (1) | 1280.06(w) |
(v) Parking as a principal use | C-1, C-2 | (1) | (1) | 1280.06(x) |
(w) Post office with outdoor storage of fleet vehicles | C-1, C-2, C-3, C-4 | 1 acre | 150 ft. | 1280.06(y) |
(x) Public safety facilities | C-1 C-2 C-3 O-1 O-2 | 1 acre | 150 ft. | 1280.06(aa) |
(y) Public utility substation | C-1 C-2 C-3 O-1 O-2 | (1) | (1) | 1280.06(bb) |
(z) Research and testing facilities | O-1 | (1) | (1) | - - |
(aa) Restaurants (no outdoor seating) | C-1 | (1) | (1) | 1280.06(cc) |
(bb) Restaurants (no indoor seating) | C-3 C-4 | (1) | (1) | 1280.06(ee) |
(cc) Restaurants (with outdoor seating) | C-1, C-2, C-3, C-4 | (1) | (1) | 1280.06(dd) |
(dd) Rifle ranges, skeet shooting and pistol ranges | M-1 M-2 | (1) | (1) | 1280.06(ff) |
(ee) Studios for instruction | C-3 | (1) | (1) | 1280.06(hh) |
(ff) Truck/transit transfer terminal | M-1 | 5 acres | 400 ft. | 1280.06(ii) |
(gg) Urgent care clinics | C-2 C-3 C-4 | (1) | (1) | 1280.06(jj) |
(hh) Veterinary offices and/or hospitals | C-2 C-3 | (1) (1) | (1) (1) | 1280.06(kk) |
(ii) Recyclable materials containers | All Non- Residential Districts | None | None | 1280.06(ll) |
(jj) Congregate care/assisted living facilities | C-4 | 5 acres | 350 ft. | 1280.06(h) |
(kk) Hotels/motels | C-1 C-2 | (1) | (1) | – |
(ll) Raising of animals for medical experimentation; raising of furbearing animals for commercial purposes; commercial dog kennels; animal boarding | M-1 | 5 acres | (1) | |
(mm) Auto detailing | C-2 C-3 | (1) | (1) | |
(nn) Accessory commercial farm building | C-3 C-4 M-1 M-2 | 10 contiguous acres | (1) | 1280.06(b)(2) |
(oo) Commercial farm building | C-3 C-4 M-1 M-2 | 10 contiguous acres | (1) | 1280.06(b)(2) |
(pp) Commercial riding stables or riding academies | C-3 C-4 M-1 M-2 | The greater of 10 contigu ous acres or one acre per horse | 500 ft. | 1280.06(nn) |
(qq) Noncommercial riding stable and keeping of a horse or livestock | C-3 C-4 M-1 M-2 | 2 acres, plus an addition al quarter of an acre for each addition al head of livestoc k kept thereon | (1) | 1280.06(nn) |
(1) Shall comply with district regulations. NA Not Applicable * = Must comply with ACO Section 1610.17 # Prohibited on any property adjacent to Detroit Road or within 500 feet of Detroit Road right-of-way. | ||||
(Ord. 58-01. Passed 5-29-01; Ord. 30-05. Passed 3-28-05; Ord. 1-08. Passed 2-11-08; Ord. 169-08. Passed 1-12-09; Ord. 54-09. Passed 5-26-09; Ord. 26-10. Passed 5-10-10; Ord. 35-12. Passed 6-11-12; Ord. 33-12. Passed 7-9-12; Ord. 34-12. Passed 7-9-12; Ord. 128-12. Passed 12-27-12; Ord. 11-13. Passed 2-25-13; Ord. 41-19. Passed 6-10-19; Ord. 29-20. Passed 4-27- 20; Ord. 51-21. Passed 8-9-21; Ord. 38-23. Passed 4-10-23; Ord. 57-23. Passed 5-22-23; Ord. 73-24. Passed 9-9-24; Ord. 74-24. Passed 9-23-24.)
Loading...