(a) (1) Aboveground storage of flammable/combustible liquids. LPG (liquified petroleum gas), CNG (compressed natural gas) or hazardous materials in excess of 1,500 gallons in M-1 or M-2. An aboveground storage container of flammable/combustible liquids, LPG (liquified petroleum gas), CNG (compressed natural gas) or hazardous materials in excess of 1,500 gallons in M-l or M-2 shall comply with State and National Fire Code regulations as well as Section 1610.17
of the ACO. The Fire Marshal shall make a recommendation to the Planning Commission.
(2) Aboveground storage of flammable/combustible liquids, LPG (liquified petroleum gas), CNG (compressed natural gas) or hazardous materials in any size used solely for the purpose of on-site power generation in O-l or O-2. An aboveground storage container of flammable/combustible liquids, LPG (liquified petroleum gas), CNG (compressed natural gas) or hazardous materials in O-l or O-2 shall comply with State and National Fire Code regulations as well as Section 1610.17
of the ACO. The Fire Marshal shall make a recommendation to the Planning Commission.
(3) Aboveground storage of flammable/combustible liquids, LPG (liquified petroleum gas), CNG (compressed natural gas) or hazardous materials in containers larger than 25 gallons but less than 1,500 gallons for sale or distribution in C-3 and C-4. An aboveground container storage 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 in C-3 and C-4 shall comply with State and National Fire Code regulations as well as Section 1610.17
of the ACO. The Fire Marshal shall make a recommendation to the Planning Commission.
(b) Farms, Accessory Farm Building, Commercial Farm and Commercial Farm Buildings.
(1) Farms or commercial farms permitted as special uses in residential zones shall be subject to the following regulations:
A. No farms on which livestock, poultry, etc. are kept shall be permitted on lots smaller than two acres.
B. Any lot on which a farm with more than one head of livestock is kept must, beyond the two acre minimum lot size, have an additional half-acre of land for each additional head of livestock kept on the lot.
C. Any farm or commercial farm on which a head of livestock is kept must have a barn or stable and fenced corral as additional accessory structure(s). All stables, yards and corrals where livestock are kept shall be maintained in a sanitary condition and in good repair so as to prevent the breeding of flies, the emission of deleterious and offensive odors and other nuisance conditions, and to ensure the confinement of any such livestock being kept.
D. All livestock feed or other material intended for consumption by the livestock shall be kept in containers impenetrable by rodents, insects or predators where practicable.
E. The owner or person in charge of any livestock on any lot area less than ten acres shall utilize the appropriate management practices with respect to manure to prevent rodents, the breeding of flies and the emission of harmful and offensive odors. Manure piles must be removed at least once every three months, four times per year, for lot sizes greater than ten acres and at least once monthly for lot sizes less than ten acres.
F. No accessory farm structures or commercial farm buildings, including buildings, shelters, pens, stables, and runways, shall be located within one hundred feet of any dwelling and adjacent property line. Accessory farm structures must be located in the rear yard and must otherwise comply with the provisions of this Code, including but not limited to those related to lot coverage and height.
(2) Commercial Farms permitted as special uses in nonresidentially zoned areas shall be subject to the following regulations:
A. Accessory commercial farm buildings and commercial farm buildings shall be located no closer to the side or rear lot line than a distance equal to the length of the building wall facing the lot line.
B. All parking areas shall be screened from adjacent residential lots in compliance with Chapter 1294.
C. Commercial farm buildings shall only be permitted on arterial and collector streets.
D. Commercial farm buildings shall provide a sufficient number of parking spaces. The Planning Commission shall use Schedule 1292.04 as a guide in determining the number of parking spaces required.
(c) Auto Service Station or Gasoline Station. When located on a corner lot, such uses shall have not less than 150 feet frontage on each of the two intersecting streets. The location of access drives shall be placed as far as possible from the intersection, and shall be limited to no more than one access drive per street frontage. The facility shall also comply with the standards set forth in Section 1270.08.
(d) Bed and Breakfast.
(1) Such use shall occupy an existing structure that was previously occupied for residential purposes.
(2) The bed and breakfast facility shall be located on an arterial or collector street.
(3) In a residential district, a maximum of three guestrooms shall be permitted and shall be located within the dwelling. In a business district, a maximum of six guestrooms shall be permitted and shall be located within the dwelling.
(4) In residential districts, the following regulations shall apply:
A. The building shall not contain a commercial kitchen and guestrooms shall not contain cooking facilities.
B. Meals shall be provided only to guests taking lodging in the facility.
C. Guests shall be permitted to reside at the home for not longer than two continuous weeks.
D. Deliveries of food and other items shall be made at the rear of the building and shall be conducted during daytime hours.
E. The building owner or manager shall reside on the premises.
(e) Car Wash.
(1) The facility shall be located in an area covered by a roof.
(2) The area for the facility shall be located on the lot so as to utilize the maximum amount of the lot for the purpose of containing the waiting line of cars prior to the time the cars or other vehicles are actually serviced.
(3) A car wash establishment may be combined with a gasoline station, provided that the minimum lot area for the combined uses shall be 60,000 square feet.
(f) Cemetery.
(1) Interior drives shall be installed, including the required pavement, as development progresses and as indicated in the final plans approved by the Planning Commission.
(2) Adequate room for vehicle pull-off shall be provided throughout the cemetery so that vehicles parked along any interior driveway will not block traffic flow.
(3) No gravesite shall be located within 50 feet of a public street right-of- way or residential property line.
(4) No mausoleum or crematory shall be located within 100 feet of a public street right-of-way or residential property line.
(g) Church/Place of Worship, Library, Museum, Public Cultural Institution or School.
(1) Such uses should be located on an arterial or collector street or have direct access to an arterial or collector street to minimize impacts on local streets and residential neighborhoods.
(2) In any district, the Planning Commission may require all outdoor children's activity areas to be enclosed by a fence or wall having a height of at least five feet but not exceeding six feet. An entry gate shall be securely fastened.
(3) Places of worship and schools may be erected to a height not to exceed 55 feet, provided that the building is set back from each lot line one foot for each foot of additional building height in excess of the district limitation. For places of worship, steeples/spires may be erected to a height not to exceed 75 feet and shall not be subject to an additional setback requirement.
(4) All activities, programs and other events shall be directly related to the special use permit so granted, and shall be adequately and properly supervised so as to prevent any hazard, and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.
(5) Associated uses such as a convent, faculty residence, cafeteria, field house, or infirmary shall be located on the same lot as the principal use and comply with the building setback requirements set forth in this chapter.
(6) The development plan shall indicate the emergency entrances or exits.
(h) Congregate Care Facility.
(1) A congregate care facility is conditionally permitted in the R-3 and C-4 districts only in the following combinations:
A. Senior Independent Living - when developed as part of a CCRC or with Assisted Living.
B. Assisted living - when part of a CCRC, when developed with Senior Independent Living, or developed with Skilled Nursing Care.
C. Nursing care - when part of a CCRC, when developed with Assisted Living; or when developed independently.
(2) When located in an R-3 District, such facilities shall be located on an arterial or collector street or have direct access to an arterial or collector street without going through a residential neighborhood to lessen the impact on the residential area.
(3) When located in a C-4 District such facility shall comply with subsection (2), above, and be located in reasonable proximity to supporting medical, retail and/or community facilities, or where such facilities are reasonably anticipated, and, conversely, shall not be located in areas predominantly developed, or expected to be developed, with uses exclusively permitted in the industrial M-1 and M-2 Districts.
(4) The maximum number of units or beds permitted per acre is set forth in the following table.
Permitted Density for Congregate Care Facilities
(Dwelling Units (du’s) or Beds per acre)
R-3 Multiple Family District | C-4 General Business District | |
Continuing Care Retirement Community | 17 du’s | |
Senior Independent Living with Assisted Living | 17 du’s | |
Assisted Living with Nursing Care | 17 du’s | |
Nursing Care | 29 beds |
(5) When located in a C-4 District, all regulations of Chapter 1270 shall apply, except for the minimum lot regulations set forth in Section 1280.05(ii).
(i) Day Care Facility, Child and/or Adult.
(1) For the protection of children and adults enrolled in the day care center, a fence or wall having a height of at least five feet shall enclose all outdoor activity areas. The entry gate shall be securely fastened.
(2) A drop-off/pick-up location that will not impede traffic on or off the site shall be provided to ensure the safety of the children and adults.
(3) In an R-1 or R-2 District, such use shall only be permitted in a church, other place or worship or a school facility.
(4) The location and design of the facility shall provide for the protection of the children and adults from the traffic, noise, and other hazards of the area and/or the arterial street location.
(5) A day care center for children shall comply with the following:
A. An outdoor play area equal in area to the ground floor area of the facility shall be provided. The required outdoor activity area shall not be located closer than 20 feet to any residential property.
B. Play structures and other similar apparatus shall not be located closer than 40 feet to any residential property.
(j) Drive-thru Facility.
(1) Such facilities shall be located on a collector or arterial street in an area least disruptive to pedestrian or vehicular traffic.
(2) Any proposed loudspeaker system shall be approved as part of the development plan.
(k) Family Home for Handicapped Persons.
(1) The persons residing in such residential home shall live as a single housekeeping unit in a single dwelling unit and maintain the home as their sole, bona fide, permanent residence. The term “permanent residence“ means:
A. The resident intends to live at the dwelling on a continuing basis; and
B. The resident does not live at the dwelling in order to receive counseling, treatment, therapy or medical care.
(2) Prior to a handicapped person commencing residence in the home, either the applicant or the placement agency shall certify that the resident is handicapped as defined in 42 USC 3602(h), and that the resident can function adequately in a community residential setting. The applicant or the placement agency shall have a continuing duty to provide such certification to the Planning Commission for each handicapped person who resides in the home after a special use permit is granted.
(3) The applicant shall demonstrate that adequate qualified supervision will exist in the home on a 24-hour per day basis.
(4) In order to maintain the residential character of the area in which the family home is located, the applicant is required and shall agree that upon termination of this special use for any reason the applicant shall restore the premises to a condition in which it is marketable as a single-family dwelling, unless ownership and/or possession of the premises is transferred to a person(s) who has obtained a similar special use permit for the premises.
(5) Signs or other means of identification as a family home for handicapped persons shall not be permitted.
(6) The applicant shall comply with the applicable parking regulations of this Planning and Zoning Code for the type of residential structure used by the residential home, and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors.
(7) In considering whether to grant the special use permit, the Planning Commission shall take into consideration the proximity and location of other such homes for handicapped persons within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use, but in no event shall a family home be closer than 1,000 feet from where another family home or group home for handicapped persons is located.
(8) Evidence shall be presented that the proposed facility meets the certification, licensing or approval requirements of the appropriate state agency. Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the home s special use permit.
(9) Conversion of an existing dwelling to a family home shall require that the dwelling be brought into conformity with existing City regulations.
(l) Flag Lots.
(1) A minimum of 60 feet of frontage shall be required at the street right-of- way
(2) The Planning Commission shall review the arrangement of all buildings and accessory uses on the lot. Where there is potential for the future development of a dedicated street, the Planning Commission may determine the front lot line by the potential location of such street.
(m) Funeral Home.
(1) Adequate off-street assembly area for vehicles used in funeral processions shall be provided in addition to any required off-street parking area.
(2) When feasible, off-street parking shall be located behind the principal building.
(n) Golf Courses.
(1) The following accessory uses are permitted, when operated in conjunction with a golf course:
A. Club houses, restaurants, snack bars, the sale of alcoholic beverages and golf pro shops;
B. Swimming pools, putting and lawn bowling greens, shuffle board courts, tennis courts and golf driving ranges;
C. Personal and other services which are necessary and incidental to the usual operation of the principal use.
(2) Side and rear yards shall be in accordance with the minimum requirements in Schedule 1280.06(n).
Schedule 1280.06(n)
GOLF COURSE DEVELOPMENT SETBACK REQUIREMENTS | ||
Use | Side and rear Yards | |
Adjacent to Residential District | Adjacent to Nonresidential District | |
A. Golf course | 30 feet | 12 feet |
B. Off-street parking areas. | 30 feet | 10 feet |
C. Other accessory uses | 100 feet | 25 feet |
(3) Clubhouse and accessory buildings should not conflict with a residential setting.
(4) Outside recreational facilities shall not be illuminated, except that a swimming pool may be illuminated if it does not appear to be illuminated from any public right-of-way or an adjacent Residential District not part of the golf course.
(5) By location, fencing or landscape barriers, tees, fairways, greens and golf driving ranges shall be arranged in such a fashion to reasonably prevent a misfired ball from landing out of the golf course.
(6) Off-street parking, swimming pools, tennis courts and golf driving ranges shall be screened from view from a public right-of-way or an adjacent Residential District.
(o) Group Home for Handicapped Persons.
(1) Prior to a handicapped person commencing residence in the home, either the applicant or the placement agency shall certify that the resident is handicapped as defined in 42 USC 3602(h), and that the resident can function adequately in a community residential setting. The applicant or the placement agency shall have a continuing duty to provide such certification to the Planning Commission for each handicapped person who resides in the home after a special use permit is granted.
(2) The applicant shall demonstrate that adequate qualified supervision will exist in the home on a 24-hour per day basis.
(3) Evidence shall be presented that the proposed facility meets the certification, licensing, or approval requirements of the appropriate state agency. Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the home's special use permit.
(4) The applicant shall comply with the applicable parking regulations of this Planning and Zoning Code for the type of residential structure used by the residential home and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors.
(5) In considering whether to grant the special use permit, the Planning Commission shall take into consideration the proximity and location of other such homes for handicapped persons within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use, but in no event shall a group home be closer than 1,000 feet from where a family home or group home for handicapped persons is located.
(6) The architectural design and site layout of a group home and the height of any walls, screens, or fences connected with any such group home shall be compatible with adjoining land uses and the residential character of the neighborhood.
(p) Helistop. Helistops shall be sited in accordance with the ODOT Aeronautics Division requirements and the FAA recommended design guidelines.
(q) Hospital.
(1) Such use shall be located on an arterial or collector street.
(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 six feet in height. Such fence shall provide screening in accordance with the requirements of Section 1294.05.
(r) Indoor Commercial Recreation. The proposed use shall not generate excessive noise beyond the premises. In order to minimize any effects of the above, the Planning Commission may require additional noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the district.
(s) Manufacture of Products from Raw Materials.
(1) The manufacture of products from raw materials and any associated outdoor storage areas shall not be permitted within 300 feet of a residential district or use.
(2) All buildings shall be located a minimum of 100 feet from a front, side or rear lot line.
(3) The outdoor storage of any raw materials shall be enclosed by a solid wall or fence, including solid gates, having a minimum height of six feet, which shall be maintained at all times.
(4) 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 shrubs may be required by the Planning Commission, if necessary, to adequately screen the materials from adjoining districts or public streets.
(t) Mini/Self Storage Facility.
(1) The leases/contracts for all self-storage units and self-storage condominiums shall include clauses prohibiting the following:
A. The storage of flammable liquids or radioactive, highly combustible, explosive or hazardous materials.
B. The use of property for uses other than dead storage.
(2) The Fire Department shall be provided with 24-hour access to the grounds. A lockbox shall be provided for its use.
(3) The maximum size of individual storage compartments shall be 1,200 square feet.
(4) Such uses shall be located on an arterial or collector street.
(5) All storage shall be within a completely enclosed building. Unless otherwise permitted by this Code or specifically authorized by City Council as part of the special use permit, the outdoor storage of inventory, materials, vehicles, or merchandise is prohibited.
(6) No commercial business activities such as retail or wholesale sale, repair, fabrication, or servicing of goods, motor vehicles, appliances, equipment, or materials shall be conducted from the storage unit.
(7) Storage condominium may not be used for residential purposes.
(8) Covenants and by-laws of the Property Owners Association (POA) must be submitted and approved by the Law Director prior to final approval of the special use permit by City Council.
(9) Any violation of any of the provisions set forth herein shall constitute a violation of the Planning and Zoning Code, the penalty for which is set forth in Chapter 1238.
(u) Outdoor Display.
(1) Areas devoted to the outdoor display of goods, supplies and equipment shall comply with principal building setbacks established for the district in which the principal use is located
(2) Outdoor displays shall not be located in areas intended for traffic circulation according to the development plan.
(3) Outdoor displays shall comply with Section 1270.07.
(v) Outdoor Recreation, Commercial.
(1) The Planning Commission may require active recreation areas to be enclosed by a fence having a minimum height of five feet.
(2) The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises. In order to minimize any effects of the above, the Planning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the district.
(3) Delivery trucks shall not be used as refreshment stands, souvenir stands and/or concession stands.
(4) All activities, programs and other events shall be directly related to the special use permit so granted, and shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.
(5) An adequate number of public restrooms shall be provided and maintained.
(w) Outdoor Storage.
(1) Generally. Outdoor storage of materials shall include the storage of goods, materials, or products, or waste materials in containers associated with the principal use when such materials or products are customarily incidental to the permitted use of the property. The storage of radioactive, toxic or otherwise hazardous materials shall not be
permitted. The bulk storage of material such as mulch, wood chips, sand, etc. shall be permitted only if the material is effectively prevented from spreading and effectively screened pursuant to this section.
(2) Location.
A. Areas devoted to outdoor storage shall be located in a side or rear yard only and shall comply with the building setback requirements for the district in which such outdoor storage is located.
B. All outdoor storage areas shall be contiguous to the principal building.
C. No outdoor display or storage area shall be permitted to occupy or interfere with traffic circulation, required parking areas, public sidewalks or pedestrian access.
(3) Area. The area of the lot devoted to outdoor storage shall not exceed 25% of the ground floor area of the principal building. This limitation shall not apply to automotive sales, rental establishments and bulk material. (See definition of "bulk material" in Section 1222.02
.)
(4) Surfacing. Areas devoted to outdoor storage shall be paved with asphalt or concrete and free of dust.
(5) Signs. No signs shall be permitted in conjunction with outdoor storage areas except those otherwise in compliance with the sign regulations in Chapter 1290.
(6) Screening.
A. All outdoor storage of goods and materials shall be enclosed with a solid wall or fence, including solid gates. The wall or fence shall have a height tall enough to conceal all materials therein from the view of any observer standing at the grade level at an abutting residential district line or a public street. However, in no case shall the height of the fence or wall be less than six feet.
B. All outdoor storage areas shall be effectively screened from all adjacent residential districts, public parking areas and public streets according to the screening requirements set forth in Section 1294.05. The Planning Commission may increase the minimum height of required screening when it is determined that additional height is needed to effectively conceal all materials from view of any observer standing at grade level of an abutting residential district line or public street.
(7) Accessibility. All materials shall be stored in such a fashion as to be accessible to fire-fighting equipment at all times.
(x) Parking as a Principal Use.
(1) A parking structure shall conform with all building standards and requirements for the district in which it is located. Such structure shall be screened in accordance with Section 1294.05.
(2) Surface parking lots shall be landscaped and screened in accordance with Chapter 1294.
(3) An accessory ticket booth or similar accessory building associated with a surface parking lot that does not exceed 100 square feet may be located within the required building setback, provided such building complies with the parking setback for the district.
(y) Post Office.
(1) Outdoor storage of fleet vehicles used in the operation of the post office shall be permitted, provided such storage areas are located in the side or rear yard in off-street parking areas.
(2) The areas devoted to the outdoor storage of fleet vehicles shall be enclosed with a fence six feet in height. Such fence shall be screened according to the requirements of Section 1294.05.
(z) Public Park or Public Recreation Facility.
(1) The Planning Commission may require active recreation areas to be enclosed by a fence having a minimum height of five feet.
(2) Vehicular approaches to the property shall be designed so as not to create an interference with traffic on surrounding public streets or roads.
(aa) Public Safety Facility.
(1) In residential districts, facilities shall be limited to structures that are essential for the distribution of services to the local area.
(2) Outdoor storage of fleet vehicles used in the operation of the facility may be permitted provided such storage areas are located in the rear yard in off-street parking areas and are screened in accordance with Chapter 1294.
(3) The areas devoted to the outdoor storage of fleet vehicles shall be enclosed with a fence six feet in height. Such fence shall be screened according to the requirements of Section 1294.05.
(bb) Public Utility Substation.
(1) Public utility substations shall be permitted as a special use only when the distribution of service is essential to the immediate neighborhood or when topological features restrict the location of such facilities.
(2) Natural or man-made barriers shall be provided to lessen any intrusion into a residential area.
(3) Storage of materials shall be within a completely enclosed building.
(4) Substations shall be located a minimum of 30 feet from any residential property line.
(5) A Wireless Telecommunication Facility shall comply with Chapter 1284.
(cc) Restaurants (with no outdoor seating).
(1) A restaurant with no outdoor seating may be permitted in a C-1 District, provided that the lot area shall be adequate to accommodate the required off-street parking.
(2) The design of the structure and any signage shall be visually compatible with the surrounding area as determined by the Planning Commission.
(3) The applicant shall demonstrate to the satisfaction of the Planning Commission that the development will have minimal impact on traffic in adjacent residential areas.
(dd) Restaurants (with outdoor seating).
(1) The outdoor seating area shall be used in conjunction with, and is under the same management and exclusive control of, a restaurant located on the same or contiguous property.
(2) The outside seating area shall not exceed 35% of the gross square footage of the principal building area.
(3) The outdoor seating area shall not interfere with the public right-of- way. The Planning Commission shall determine to what extent, if any, such use may encroach upon the public right-of-way.
(4) Noise shall be adequately controlled to ensure that patrons do not create a nuisance.
(ee) Restaurants (with no indoor seating).
(1) A restaurant with no indoor seating may be permitted in a C-3 or C-4 District but only where that zoning district exists north of Interstate 90.
(2) There must be a structure on-site having indoor men's and women's restrooms.
(3) There must be a full kitchen facility utilized in the preparation of the food for sale at the site.
(ff) Rifle ranges, skeet shooting ranges, and pistol ranges.
(1) Such facilities shall be located a minimum of 500 feet from any Residential District boundary line.
(2) Such facilities shall be designed so that shots are fired away from any adjacent residential uses.
(gg) Roadside stand.
(1) The agricultural products being sold shall be grown on the same property on which the stand is located.
(2) The stand shall be a maximum of eight feet by 16 feet.
(3) The stand shall be setback from the road as so not to interfere with traffic.
(4) Roadside stands shall only be permitted on arterial and collector streets.
(hh) Studios for Instruction.
(1) All activities shall take place in a fully enclosed sound-resistant building, with closed windows and double-door entrances that provide a sound lock.
(2) Such establishment offering non-academic instruction that is inactive during normal business hours should be located so as to minimize the amount of space located in a retail setting. Studios are encouraged to have associated retail uses located in the first floor space nearest the street in order to contribute to the retail environment of the district.
(ii) Truck/Transit Transfer Terminal or Mass Transit Terminal.
(1) Such uses shall be located on an arterial street.
(2) All vehicle waiting and stacking areas shall comply with the building setback requirements for the district.
(3) Vehicular approaches to the property shall be designed so as not to create any interference with traffic on surrounding public streets or roads.
(jj) Urgent Care Clinic. Because this use is non-retail in nature, 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.
(kk) Veterinary Office and/or hospital.
(1) There shall be no outside runs or kennels associated with the veterinary office.
(2) The boarding of animals shall be restricted to short-term overnight lodging only as necessary for animals receiving medical attention.
(3) Odor and noise shall be adequately controlled to ensure that animals do not create a nuisance.
(4) All buildings shall not be less than 50 feet from any adjacent property line.
(5) Off-street parking is required for each lot including one space for each employee plus three spaces for each person authorized to schedule appointments.
(ll) Recyclable Materials Containers.
(1) Generally. Recyclable materials containers are enclosed receptacles used for the temporary storage of discarded materials which are collected and processed to be used as raw materials or products for which the monetary proceeds from the collection of said materials benefits a governmental or charitable entity as defined in the U.S. Tax Code and located in the City of Avon. The storage of radioactive, toxic or otherwise hazardous materials shall not be permitted.
(2) Location.
A. Areas devoted to recyclable materials containers shall be determined by the Planning Commission and recommended to Council for approval.
B. No area designated for recyclable materials containers shall be permitted to occupy or interfere with traffic circulation, required parking areas, public sidewalks or pedestrian access.
(3) Area. The area of the lot devoted to recyclable materials containers shall not exceed 25% of the ground floor area of the principal building.
(4) Surfacing. Areas devoted to recyclable materials containers may be paved with asphalt or concrete and shall be maintained free of debris, particularly from overflow.
(5) Signs. No signs shall be permitted in conjunction with recyclable materials containers except those otherwise on the containers themselves or in compliance with the sign regulations in Chapter 1290.
(6) Screening. All recyclable materials containers shall be appropriately screened.
(7) Accessibility. All recyclable materials containers shall be located on the property in such a fashion as to be accessible to firefighting equipment at all times.
(8) General upkeep and maintenance. All recyclable materials containers must maintain an appearance that does not detract from the surrounding environment. Specifically, the container must be free of rust and corrosion.
(mm) Garden Center.
(2) Location.
A. Garden center shall only be permitted arterial or collector streets.
B. Outdoor display. The outdoor display of any materials offered for sale must comply with Section 1280.06(u).
(nn) Raising of Animals for Medical Experimentation; Raising of Fur-bearing Animals for Commercial Purposes; Commercial Dog Kennels; Commercial Riding Stables or Riding Academies; Noncommercial Riding Stables; Animal Boarding.
(1) None of these uses may be located within 100 feet of any dwelling.
(2) All buildings, pens and runways, exclusive of pasture, for housing or keeping, animals and livestock shall meet the following setbacks:
A. Commercial riding stables, fur-bearing animal hutches and hutches of animals for medical experimentation shall not be less than 150 feet from any street or roadway and not less than 150 feet from any adjacent property line.
B. Noncommercial riding stables shall not be less than 150 feet from any street or roadway and not less than 25 feet from any adjacent property line.
C. Commercial dog kennels or boarding shall not be less than 300 feet from any street or roadway and not less than 50 feet from any adjacent property line.
(3) No person shall keep any animal for commercial purposes on any lot, unless the lot has a fenced area.
(4) Off-street parking is required for each lot subject to the following requirements:
A. Boarding kennel or stable - one space for each employee, plus three spaces for each person authorized to admit and release animals; and
B. Riding Academy - one space for each employee, plus two spaces for each appointment and student.
(5) All stables, pens, hutches, yards or other quarters where animals are kept shall be maintained in a sanitary condition. They shall be kept clean and in good repair so as to prevent the breeding of flies and the emission of harmful and offensive odors. Manure piles must be removed twice each year.
(Ord. 58-01. Passed 5-29-01; Ord. 30-05. Passed 3-28-05; Ord. 77-05. Passed 6-13-05; Ord. 147-07. Passed 1-14-08; Ord. 1-08. Passed 2-11-08; Ord. 169-08. Passed 1-12-09; Ord. 26-10. Passed 5-10-10; Ord. 11-13. Passed 2-25-13; Ord. 26-15. Passed 4-13-15; Ord. 76-16. Passed 7-11-16; Ord. 29-20. Passed 4-27-20; Ord. 51-21. Passed 8-9-21; Ord. 58- 23. Passed 5-22-23.)