(a) Animal Boarding Facility with and without Outdoor Facilities; Animal Hospital/ Veterinarian Clinic.
(1) Outdoor areas devoted to kennels and/or runs, where permitted, shall:
A. Be located in the rear yard;
B. Have a minimum side setback of thirty (30) feet and a minimum rear setback of fifty (50) feet; and,
C. Have a maximum of twenty-five percent (25%) of the gross floor area of the principal building.
(2) When located adjacent to a Residence Zoning District, the following additional restrictions shall apply:
A. Soundproofed, air-conditioned buildings shall be located a minimum distance of 100 feet from any Residence Zoning District boundary line.
B. All non-soundproofed structures or areas where animals are confined shall be located a minimum distance of 200 feet from any Residence Zoning District boundary line.
C. All non-soundproofed structures or areas for the confinement of animals shall be screened by a solid fence or wall a minimum of six (6) feet in height and shall be located within fifty (50) feet of the principal building.
D. Animals shall be confined in an enclosed building between the hours of 10:00 p.m. and 6:00 a.m. of the following day.
(3) There shall be no burial or incineration of animals on the premises.
(4) Odor and noise shall be adequately controlled to ensure that animals do not create a nuisance.
(5) All waste material shall be removed from the site on a daily basis, and no animal waste shall be buried on site or be allowed to accumulate on the premise.
(6) The Planning Commission may impose additional conditions or restrictions, such as increasing buffers and screening materials, requiring odor or noise mitigation, and setting limits on the number of animals, to ensure that the proposed use will not be detrimental to the health, safety, or general welfare of the surrounding area.
(7) Facility shall be operated in accordance with all applicable State of Ohio and Cuyahoga County Health Code regulations.
(b) Artisan Industrial.
(1) The principal activities of the use shall occur completely within an enclosed building.
(2) There shall be no outdoor storage of merchandise for sale, goods, or materials.
(3) All work activities, artistic shows, programs and other events shall be listed on the Development Plan application or the Zoning Permit application. If any additional activities are proposed that were not included on the original application, then a new application shall be required according to the procedures in this Zoning Code.
(4) The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises.
(c) Asphalt Manufacturing or Refining; Concrete Manufacturing.
(1) The minimum lot size shall be seven (7) acres.
(2) A distance of no less than 200 feet shall be maintained at all times from the nearest edge of the excavation area/quarry or the storage of bulk materials to any Residence zoning district boundary. All other aspects of operations, buildings, and structures shall maintain a minimum setback of 150 feet from Residence zoning district boundaries and seventy-five (75) feet from all other lot lines.
(3) Truck parking areas, maneuvering lanes, and access ways to public streets shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on, and adjacent to, the site and shall be built or treated to prevent the creation of dust and drainage problems.
(4) Operations shall be located at the site in such a way that will minimize adverse impacts of noise, odors, dust, and windblown debris on surrounding land uses.
(5) Existing natural or manmade barriers at the site shall be provided as protection and screening against noise, dust, and visual protection for all operations. At a minimum, a fifty (50) foot buffer yard shall be provided adjacent to any public street and all site boundaries. It shall be planted with large and small evergreen trees and one row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6) feet. The evergreen shrubs shall be three (3) feet when planted. Trees and/or shrubs shall be adequately spaced to form a solid, continuous visual screen within one (1) year after the initial installation. At a minimum, at the time of planting, the spacing of trees shall not exceed twelve (12) feet on center.
(6) 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
(d) Automobile Fueling Station; Automobile Service Station.
(1) The lot shall have an area of not less than 25,000 square feet and at least one street frontage of not less than 150 feet.
(2) Traffic study. A traffic impact analysis addressing both on-site and off-site traffic and circulation impacts may be required by the Planning Commission. A registered professional engineer experienced and qualified in traffic engineering shall prepare the traffic impact study at the expense of the applicant.
(3) A microwave may be provided for use by customers for prepackaged hot sandwiches, soups, and microwavable side dishes. The following retail and food sales conducted within the building or structure shall be permitted as accessory uses to an Automobile Fueling Station:
A. Cigarettes, tobacco and lighters.
B. Prepackaged candy and gum.
C. Prepackaged snacks including potato chips, pretzels, cookies and crackers.
D. Carbonated soft drinks and noncarbonated beverages in cans or bottles or such fountain drinks in cups. NO OUTSIDE SOFT DRINK MACHINES SHALL BE PERMITTED.
E. Health and beauty aids including Rolaids, cough drops, aspirin, Alka-Seltzer, sunglasses, gloves, pens, school supplies, toothpaste, deodorant, laxatives, eyedrops, contact lens solutions, feminine products, disposable diapers, hairspray, shampoo and conditioner, toilet paper, paper towels, napkins and Kleenex.
F. Auto supplies. NO AUTOMOBILE TIRES OR BATTERIES SHALL BE SOLD.
G. Prepackaged and nonperishable groceries including cans of juice, cereal, condiments (mustard and catsup) and canned soups.
H. Prepackaged frozen orange juice and ice cream and popsicles and novelty items.
I. Prepackaged bakery items including bread and snack cakes.
J. Dairy items including milk and juices.
K. Hot beverages in cups including coffee and hot chocolate. NO HOT PREPARED SOUPS.
L. Prepackaged prepared hot and cold sandwiches.
M. Prepackaged prepared salads with sealed dressings.
N. Prepackaged soups and microwavable side dishes.
O. Soft-serve ice cream.
P. Hot dogs with buns and condiment center, nachos with cheese and chili sauce, hot pretzels, popcorn, pizza, fresh deli sandwiches, salads, donuts, cookies, and hot pocket rolls and sausage.
Q. Magazines, newspapers and paperback books.
R. Ice. NO OUTSIDE ICE MACHINES SHALL BE PERMITTED.
S. Other similar high-impulse, prepackaged items specifically authorized by the Planning Commission as a conditional use pursuant to Chapter 1137 and other applicable provisions of this Zoning Code and subject to any conditions placed thereon by the Planning Commission.
(4) Under no circumstances shall beer, wine or any other alcoholic beverage be sold.
(5) Building Size. The following minimum building size shall apply:
A. Automobile Service Station. The building shall be of modern, fireproof construction and shall have an enclosed area of not less than 2,000 square feet, with provisions for lavatories for both men and women, separated by soundproof walls.
B. Automobile Fueling Station. The building shall be of modern, fireproof construction and shall have an enclosed area of not less than 1,000 square feet, with provisions for lavatories for both men and women, separated by soundproof walls.
(6) Entrances; Distance Requirements. No automobile service station or fueling station shall have an entrance or exit for vehicles if located on the same side of the street and within fifty (50) feet of a Residence district, nor shall any part of such automobile service station or fueling station have an entrance or exit for vehicles within 200 feet, along the same side of a street, of any school, public playground, the entrance to a public park or cemetery, church, hospital, public library or institution for dependents or for children, except where such property is in another block or on another street onto which the lot in question does not abut.
(7) Location of Gasoline Pumps. Gasoline pumps, compressed air connections and similar equipment shall be erected no closer than twenty-five (25) feet from any street right-of-way line.
(8) Setback Requirements. Each automobile service station or automobile fueling station shall have a minimum setback of at least fifty (50) feet from all street right-of-way lines.
(9) Enclosures. In every district where permitted, no automobile service station or fueling station shall be erected or constructed, and no alteration or improvement shall be made to any existing nonconforming station, unless the premises upon which such station is, or is intended to be located, is provided with a masonry wall, not less than six (6) feet in height, along the rear property lines and/or side property lines where such rear and/or side property lines abut any lot zoned or presently used as residential, provided that the first thirty-foot (30 foot) section of such wall or fence, measured from the street right-of-way line, shall be stepped down to the height of two and one-half (2½) feet at such right-of-way line, following a pattern of appropriate design, subject to approval by the Board of Architectural Review.
(10) Driveways. All plans for access and egress to automobile service stations and fueling stations shall be considered by the Planning Commission after consultation with the City Engineer who shall ascertain that the driveway or driveways used to provide accessibility to these uses shall be located and arranged to minimize traffic congestion in conformity with the following minimum requirements:
A. Lot with a Frontage of 150 Feet or Less. Not more than one driveway shall be permitted on a lot of land with a frontage of 150 feet or less, such driveway to have a maximum curb cut width of forty (40) feet.
B. Lot with a Frontage in Excess of 150 Feet. Each lot with a frontage in excess of 150 feet may have two (2) driveways, provided that they are so located and constructed as to provide safety to the pedestrians and to the motorists using such property, and subject to the following:
i. If the centerline of the driveway is at right angles to the property line, there shall be a minimum of thirty (30) feet of unbroken curb between driveways and a minimum driveway radii of six (6) feet.
ii. If the centerline of the driveway is at other than right angles to the property line, there shall be a minimum of thirty (30) feet of unbroken curb between the driveways, and the acute angle radius shall be not less than three (3) feet and there shall be a minimum of sixteen (16) feet between the inside lines of the driveways at the property line.
iii. There must be a minimum of thirty (30) feet of unbroken curb between successive driveways on the same or adjoining land uses.
C. Lot with a Frontage in Excess of 180 Feet. Each lot with a frontage in excess of 180 feet may be permitted a divided driveway, in lieu of the two driveways as regulated in subsection (d)(4)B. hereof, provided that the median strip of such divided driveway between each roadway is at least six (6) feet in width and each roadway is not less than twenty-four (24) feet in width, nor more than thirty (30) feet in width, and provided further that the total width of any divided driveway is not in excess of sixty-six (66) feet in width.
D. General Standards. Except as provided for herein, the following general standards shall apply:
i. The maximum width of each curb shall be forty (40) feet, measured at right angles to the angle of the driveway entrance.
ii. In all cases, the minimum distance of driveways from street intersections shall be thirty (30) feet, measured from the nearest side of the driveway to the nearest right-of-way line of the intersecting street.
(11) Each underground gasoline storage tank and pumping system shall be tested in compliance with the National Fire Protection Association Standard No. 30 and shall be tested with Kulhman tester and such test shall prove the system to be tight and free from leaks and shall be so certified by a testing company prior to operation of the filling station.
(12) Rental Trailers. If rental trailers are stored on the premises, as provided for, permitted, or regulated in this Zoning Code, a minimum lot area of 12,000 square feet shall be devoted exclusively to the automobile service station use, and there shall be provided, behind the main or principal building or structure, an additional structure for the storage of rental trailers on such premises, subject to such fence, wall, landscaping or other provisions as may be deemed necessary and desirable by the Architectural Board of Review.
(13) Parking of Vehicles. No vehicles shall be parked within the required front setback of any automobile service station or fueling station, except for those vehicles actually being served at the pump island in which are located the operating gasoline pumps, provided that no person who is the operator of a service station or filling fueling station or any employee of such person shall permit any vehicle, not owned by such person or employee, to stand out of doors on such property for more than twenty-four (24) hours.
(14) Paving and Curbing. The entire area, other than that landscaped, shall be paved with a permanent surface of concrete or asphalt. A raised concrete curb of not less than six (6) inches in height shall be constructed along the entire street property line except for driveway openings, provided that sidewalks as required by City regulations shall be installed.
(15) Abandonment.
A. If any automobile service station or fueling station is abandoned, such station shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort or property or the general welfare of the community and shall be abated. Abandoned is defined, for the purpose of this Chapter, as a failure to operate the service station or fueling station for at least six consecutive months in any eighteen-month period.
B. Whenever the Zoning Inspector finds any service station or fueling station to be abandoned within the meaning of this Chapter, he shall give notice in the same manner as service of summons in civil cases, or by certified mail addressed to the owner of record of the premises at his last known address or to the address to which tax bills are sent, or by a combination of the foregoing methods, to abate such abandoned condition within sixty (60) days either by placing the station in operation in accordance with this Zoning Code and other applicable laws and regulations of the City; adapting and using the building or structure for another permitted use in the district in which it is located; or by razing the station, removing the pumps and signs, removing underground storage tanks in accordance with accepted safe practice as prescribed by the National Fire Protection Association in Appendix C to N.F.P.A. No. 30, under the supervision of the City's Fire Chief, and filling depressions to the grade level of the lot. However, if the station is in operation at the time notice is given and remains in operation for ninety (90) consecutive days thereafter, the provisions of this section shall not apply, and provided further, that if there should be declared a national emergency which would curtail the operation of motor vehicles or if Council should determine that there exists a state of general economic depression, the provisions of this section shall not apply.
C. Upon the failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Zoning Inspector shall take such action as may be necessary to abate such nuisance.
D. Inoperative automobile service stations and automobile fueling stations which do not come within the definition of an abandoned station, as defined in subsection (d)(15)A. hereof, shall be maintained in accordance with the provisions of this Zoning Code and other applicable laws and regulations, and the owner shall cut all grass and remove all rubbish and weeds from the premises. The parking of motor vehicles upon such premises shall be strictly prohibited, and the owner shall place in the window of such station a sign of at least ten (10) square feet in area notifying the public of this fact. Notwithstanding any other provision of this Zoning Code, if the Zoning Inspector finds that such notice is not complied with by the public, he may order the owner of the premises on which any station is inoperative for more than six (6) months to install fencing or barricades approved by such Zoning Inspector which will be sufficient to block motor vehicle access to such property.
(16) Refusal of Zoning Permit. No permit shall be issued for the construction, remodeling or rebuilding of any automobile service station or automobile fueling station where the applicant for the permit is the owner or the agent of the owner of another existing service station or filling station within the corporation boundaries of the City which is an abandoned station, as defined in Section 1171.03 (d)(15)A., or where there are any current violations of which notice has been issued by the appropriate official of the City against such service station or fueling station prior to the date of the application for such permit. For the purpose of determining these facts, the Zoning Inspector may require the submission of an affidavit by the owner with the application for a Zoning Permit, listing therein the locations of existing service stations and/or fueling stations under his ownership.
(17) No inoperative motor vehicles, equipment, or parts shall be permitted to remain outside on the property.
(18) Automobile Fueling Station. The only services permitted to be performed at an automobile fueling station shall be the charging of electric vehicles and the dispensing of fuel, oil, air, and windshield wiper fluid and other common vehicular liquids, fuel, and lubricants.
(19) Automobile Service Station.
A. All activities, except those required to be performed at a fuel pump, air dispenser or self-serve automobile vacuum, shall be conducted entirely within a building or garage.
B. No oil draining pit or visible appliance for any such purpose, other than filling caps, shall be located within ten (10) feet of any street right-of-way or within twenty-five (25) feet of any residence zoning district boundary line, except where such appliance or pit is within a building.
(e) Brewpubs; Micro Production of Alcohol.
(1) Each brewpub or micro production facility shall manufacture and sell alcoholic beverages in accordance with the provisions of the Ohio Division of Liquor Control and the Bureau of Alcohol, Tobacco and Firearms (ATF), and shall maintain current licenses as required by each agency.
(2) Brewpubs:
A. A minimum of fifty percent (50%) of the gross floor area of the brewpub shall be devoted to restaurant use for on-site consumption of food and beverages, including the kitchen and seating area, but not including any outdoor dining area.
B. The area used for on-site production, including but not limited to manufacturing, bottling and storage, shall not exceed fifty percent (50%) of the total floor area of the entire facility or 8,000 square feet, whichever is less.
(3) Micro production facilities may provide a maximum of 4,000 square feet devoted to on-site retail sale, restaurant, or tasting room for the on-site consumption of products produced on the premises.
(4) No outdoor storage of brewing equipment or materials shall be permitted.
(5) The facility shall be designed and operated so as not to produce odors, gas, dust, or any other atmospheric pollutant detrimental to the health, safety, or general welfare of persons living or working in the surrounding area. The emission of odorous matter or smells in such quantities as to produce a public nuisance or hazard is not permitted.
(6) The facility shall not generate truck traffic materially different in truck size or frequency from that truck traffic generated by the surrounding commercial/industrial uses.
(7) Each facility shall maintain copies of all reports filed with the Bureau of Alcohol, Tobacco and Firearms (ATF) and shall be able to demonstrate, upon request of the City, that they have not exceeded the annual beverage production limit in any twelve (12) month period.
(f) Building Material Supply and Storage Yards. The minimum lot area shall be 40,000
square feet.
(g) Car Wash.
(1) A car wash shall have a minimum lot area of one (1) acre and a minimum lot width of 150 feet.
(2) Such facilities shall be located on an arterial or collector street in an area least disruptive to pedestrian and vehicular traffic.
(3) Any proposed loudspeaker or vacuum system, if requested, shall be included in the conditional use application and approved on the Conditional Use Certificate.
(4) Vacuum systems shall be not located adjacent to a Residence zoning district boundary line.
(5) The orientation of the car wash bays shall be parallel to the public right-of-way, unless it is impracticable to do so or results in bays that face adjacent residential uses. In such cases, additional landscaping, screening, or an alternative orientation of the bays should be considered as appropriate for the subject site and surroundings.
(6) All access drives shall be located as far as practicable from existing intersections in order to minimize congestion and constricted turning movements.
(7) A car wash shall provide four (4) stacking spaces per bay/stall for self-service establishments and five (5) stacking spaces per bay/stall for an automated establishment. Each stacking space shall be a minimum of ten (10) feet by twenty (20) feet.
(8) Alleys or driveways in residentially zoned areas adjacent to drive-through facilities shall not be used for circulation of customer traffic.
(9) Car wash bays shall be setback fifty (50) feet from a Residence zoning district boundary line.
(10) Traffic study: A traffic impact analysis addressing both on-site and off-site traffic and circulation impacts may be required by the Planning Commission. A registered professional engineer experienced and qualified in traffic engineering shall prepare the traffic impact study at the expense of the applicant.
(h) Commercial Recreation, Indoor.
(1) The minimum lot size shall be 40,000 square feet.
(2) To minimize noise, the Planning Commission may require noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District.
(3) All recreational activities shall take place in a fully enclosed sound-resistant building, with closed windows and double-door entrances that provide a sound lock.
(4) Applicant must clearly demonstrate that the use will be compatible with the surrounding land uses and the surrounding built environment, particularly with regarding to traffic circulation, parking, and appearance.
(5) Points of ingress and egress to the site shall be minimized and placed in such a way as to maximum safety, maximize efficient traffic circulation, and minimize the impact on the surrounding area.
(6) There shall be no outside activities conducted, unless otherwise permitted in the applicable zoning district.
(7) All activities associated with the indoor commercial recreation facility, except parking, shall take place in a fully enclosed sound restrictive building with closed windows.
(i) Concrete Manufacturing. See Asphalt Manufacturing or Refining.
(j) Contractor’s Facility.
(1) The minimum lot area shall be 40,000 square feet.
(2) There shall be no outdoor storage of merchandise for sale, goods, or materials.
(3) No inoperative motor vehicles, equipment, or parts shall be permitted to remain outside on the property.
(4) The facility shall only be located on an arterial or collector road.
(k) Crematory.
(1) A crematory facility shall be operated only by a licensed funeral director who operates a licensed funeral home located within the City of Bedford Heights.
(2) A crematory shall be operated for the performance of cremation and pulverization of dead human bodies and human body parts. The cremation of animals shall not be permitted.
(3) The scattering of cremated remains of dead human bodies or body parts at the funeral home or crematory site shall not be permitted.
(4) All required air quality emission permits including, but not limited to, particulate matter and carbon monoxide emissions must be obtained and kept in good standing by the funeral home/crematory facility from the Cleveland Division of Air Quality.
(5) Crematories must meet all applicable requirements of the Ohio Building Code (OBC) and the Ohio EPA.
(6) Emission stacks shall be sensitively located and treated in a manner so as to be compatible with the funeral home’s architectural design.
(7) Landscape screening of the funeral home/crematory facility from adjacent properties may be required by the Planning Commission, where appropriate.
(8) A crematory and a crematory facility shall be designed, constructed and maintained so as not to cause or become a nuisance by way of particulate matter, offensive smells, noise, smoke or any other reason.
(9) A crematory building shall be set back a minimum distance of 150 feet from any lot with a residential use.
(l) Day Care Center, Adult.
(1) Procedures. Any person seeking permission to conduct an adult day care center shall file an application for a Conditional Use Certificate with the Zoning Inspector who shall examine the property to determine if it is suitable for use according to the building, sanitation, and fire laws of the City and the state. If the application complies with such laws, the Zoning Inspector shall forward the application along with the Building Official’s and/or the Zoning Inspector’s report to the Planning Commission for review.
A. An applicant for a Conditional Use Certificate or an application to renew a Certificate to operate an adult day care center shall submit the following written information to the Planning Commission for review:
i. Information explaining the need for the adult day care center, the clientele to be served and the financial resources available to operate the facility.
ii. A license authorizing operation of an adult care center from the Director of Public Welfare, State of Ohio. (In no instance will the Planning Commission consider renewing a Certificate for an adult day care center if a license has not been granted to operate such facility within a 365-day period commencing at the time a permit was originally approved.)
iii. A detailed plan of services and/or programs to be offered to the adults utilizing the adult day care center.
iv. The name(s) of the individual(s) and/or agency responsible for administering adult day care services.
v. Evidence that use of the proposed site will not adversely disrupt the surrounding neighborhood from the standpoint of noise, lights, congestion and/or traffic generation.
vi. The proposed hours of operation of the adult care center.
vii. The number of adults anticipated to be in average daily attendance at the adult day care center.
viii. Evidence that both fire prevention and property maintenance inspections have been made of the structure proposed to contain the adult day care center, as well as evidence that such building is free of any violations of local and/or state laws or codes.
ix. Plans and drawings which show the location and dimensions of the lot, the location and dimensions of any existing or proposed structures on the lot, floor plans, points of ingress and egress, landscaping and/or screening areas, recreation and open space facilities, and a parking and traffic circulation plan.
x. Evidence of insurance adequate to cover the cost of fire, theft, vandalism, and liability.
xi. Evidence that the adult day care administrator has been examined, within the past ninety days, and annually thereafter, by a licensed physician, and has been certified to be free from communicable disease.
xii. Evidence that the adult day care administrator has either been trained in first aid by a doctor or nurse, has completed a course in first aid which is approved by the State Department of Health and is certified to administer CPR, or will assume responsibility for ensuring the presence, at all times, of a person who has such knowledge or training.
B. Approval by the Planning Commission. The Planning Commission may authorize the issuance of a Conditional Use Certificate if the adult day care center meets the requirements imposed by this sub-section and this Zoning Code. In making this determination, the Planning Commission, in addition to addressing the requirements set out in Chapter 1137 and this sub-section, shall consider the following factors:
i. Impact on the community permitting an adult day care center to be located in that particular location.
ii. Location and number of other adult day care centers in the City.
iii. The need to maintain neighborhood characteristics.
iv. Needs of residents of the community.
v. Safety and needs of the adult to be cared for in the adult day care center.
C. Issuance of Conditional Use Certificate. If the Planning Commission determines that a Conditional Use Certificate for an adult care center should be issued, it shall so instruct the Zoning Inspector to issue the Conditional Use Certificate. The Zoning Inspector shall issue a Conditional Use Certificate or renew a Certificate for the operation of an adult day care center, upon approval by the Planning Commission, if he or she finds, after investigation of the applicant and inspection of the center, that the following requirements are met:
i. The buildings in which the center is housed have been approved by the Building Official for the purpose of operating an adult day care center. Any structure used for the operation of a center shall be constructed, equipped, repaired, altered, and maintained in accordance with applicable provisions of the Ohio Building Code, city ordinances and with regulations adopted by the Ohio Board of Building Standards under Ohio R.C. Chapter 3781 for the safety and sanitation of structures erected for this purpose or for existing structures used for this purpose. Existing structures used as adult day care centers are included in the meaning of "building" under Ohio R.C. 3781.06 and shall comply with the rules and regulations promulgated by the Ohio Board of Building Standards for existing centers in Chapter BB-303.
ii. The Fire Chief or Fire Safety Officer has inspected the center within the preceding year and has found the center to be free from conditions dangerous to the safety of adults. Each center shall have a practical plan approved by the Fire Chief or Fire Safety Office for evacuation of the building in an emergency in the shortest possible time without confusion, and all employees shall be familiar with such plan. The written evacuation plan shall be posted as required by the Fire Chief of Fire Safety Officer.
D. Exception. The Planning Commission shall have the right to grant an exception to any provision of the standards and guidelines as set forth in this subsection, provided that such an exception will not have a negative impact on the community or be injurious to the public health, safety or general welfare of the community and the adults attending such adult day care center and the property owners in the vicinity of such adult day care center.
E. Renewal of the Permit. The permit shall be renewed on or before May 1st of every other year. The renewal application along with the two hundred dollars ($200.00) renewal fee shall be filed with the Zoning Inspector by April 1st of the year of renewal, and shall include all items required for an original application in this subsection. If the application is for a renewal of a Certificate, the Planning Commission shall review such renewal request and, if after conducting its review and finding continuing compliance with this Chapter, any exception therefor and the terms of this Certificate, the Conditional Use Certificate shall be renewed.
F. The adult day care center shall furnish the Planning Commission with copies of the results of all state and county inspections.
G. The Planning Commission shall have the authority to review a Conditional Use Certificate at any time within the Certificate period and to modify or revoke the same for just cause after a hearing at a time and place fixed by the Zoning Inspector.
H. Appeals. Any person adversely affected by a decision of any city official made in the enforcement of this Chapter shall have the right to appeal to the pursuant to Chapter 1138, Appeals and Variances.
I. Remedy for Violations; Emergency Action.
i. The imposition of any penalty shall not preclude the Director of Law or his or her assistants from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent, restrain, correct or abate a violation, or prevent the use of a building, temporarily or permanently, for adult day care purposes, or to require compliance with the provisions of this sub-section, or other applicable laws, ordinances, rules or regulations or orders or determination of any city official or member of the Planning Commission and/or the Board of Zoning Appeals. ii. Notwithstanding the existence of any other remedies, penalties or legal actions provided for herein, if the Building Official and/or Zoning Inspector determines that an emergency condition exists which is immediately hazardous to the health or well-being of the adults attending an adult day care center, he shall order the adult day care center immediately closed and shall post thereon, in a conspicuous place, a sign closing such adult care center until further direction of the Building Official and/or Zoning Inspector or appropriate legal action is taken.
(2) Adult Day Care Centers shall meet all applicable federal, state or local requirements including, but not limited to, licensing, health and safety regulations.
(3) Exterior development plans shall include adequate lighting, sidewalks, and drop-off zones and shall provide for the separation of vehicular and pedestrian traffic.
(4) The center has, for each adult, for whom the center is licensed, at least thirty-five (35) square feet of indoor floor space wall-to-wall regularly available for the adult day care operation exclusive of any parts of the structure in which the care of adults is prohibited by law or by regulations adopted by the Ohio Board of Building Standards.
(5) The center has on the site or easily and safely accessible a safe outdoor space which is enclosed by a fence or otherwise protected from traffic or other hazards, contains not less than thirty (30) square feet per adult using such space at any one (1) time, and provides an opportunity for supervised outdoor activity each day in suitable weather. If an area, such as a park or playground, not connected with the center is used for play or recreation, the adults shall be closely supervised both during play and while traveling to and from the area.
(6) Outdoor playgrounds, exercise areas, etc. shall be fully enclosed by a fence, the height and design of which shall be approved by the Planning Commission.
(7) The administrator and every employee of an adult day care center is mentally and physically able to perform his/her duties. Neither the administrator nor any employee has been convicted of abuse or other crime involving moral turpitude. The administrator and each employee has been examined by a licensed physician not more than thirty (30) days before employment and annually thereafter and there is on file at the center a statement signed by the physician certifying the administrator and all employees to be:
A. Free from communicable disease, including tuberculosis, verified either through negative tuberculin skin test or by negative chest x-ray;
B. Physically fit for employment in a facility caring for adults with physical impairments and/or disabilities;
C. Immunized against poliomyelitis and diphtheria. An employee may be exempted from the immunization requirement upon filing a written request with the center. Adults related to the operator and/or staff members, who attend the center or are on the premises for supervision and care, are included in the determination of staff requirements and group capacity.
(8) The administrator and all employees shall meet all state licensing requirements. All adult care staff members have completed high school or completed a training program approved by the state. Records of names and addresses of all adult day care staff members and other employees shall be maintained and available to city officials. The administrator shall be certified for CPR or will assume responsibility for ensuring the presence, at all times, of a person who has such knowledge or training.
(9) Parents or guardians are permitted to visit the adult day care center during reasonable hours while it is in operation.
(10) The administrator keeps records of the adults attending the center, including the name and birth date of each adult, the names, addresses, working addresses, telephone numbers, and emergency contacts of each sponsor or guardian, and the health record and daily attendance record of each adult.
(11) An adult care staff member in charge of an adult or group of adults shall be responsible for their supervision and safety.
(12) Within a Residence zoning district, no new adult day care center shall be permitted to be established except in conjunction with a school, church, community center, temple, synagogue, or public building.
(13) No room shall be used for adult day care purposes unless:
A. It has windows facing open space and has a total glass area of not less than five percent (5%) of the total floor area of the room in which such windows are located.
B. It is adequately ventilated and free from drafts. In determining the adequacy of ventilation, the area and volume of the rooms used shall be considered together with the type of adult day care facility, the number of adults using such facility, the location of doors and stairways, the aggregate openable area of windows ventilating such area, and all other factors relating to ventilation.
C. It has sufficient light therein for general adult day care purposes. All areas used for reading, writing, drawing, and other similar close work shall be lighted to a level of at least twenty (20) foot candles at work level.
D. It is provided with approved heating facilities capable of maintaining an average temperature of seventy (70) degrees Fahrenheit when the outdoor temperature is minus five (-5) degrees Fahrenheit without forcing the facilities to operate in excess of their designed capacity. Sufficient heat shall be supplied in all rooms to maintain an inside temperature of not less than seventy (70) degrees Fahrenheit whenever the outside temperature falls below fifty (50) degrees Fahrenheit. Such inside temperature shall be measured in the approximate center of each room approximately three (3) feet above the floor.
(15) Each adult day care center shall be adequately supplied with hot and cold water and toilet facilities within the building. There shall be a minimum of one (1) toilet for each eight (8) adults using any adult care center.
(16) All portions of every room used for adult care purposes shall be kept in a clean, sanitary and healthful condition, free from dangerous or noxious substances of any kind or any conditions that may be harmful to the adult clients.
(17) The common use of washcloths, towels, bed linens, combs, toothbrushes, hair brushes, drinking cups or other utensils by the adults is prohibited in any adult day care center.
(18) No adult day care center shall be open between the hours of 8:00 p.m. and 6:00 a.m., unless the Planning Commission provides an exception to this requirement. In no case shall any adult remain at the center longer than twelve (12) hours on any given day.
(19) The outdoor activity area shall not be located closer than fifty (50) feet to any adjacent boundary line of a Residence zoning district.
(20) The location and design of the facility shall provide for the protection of the adults from the traffic, noise, and other hazards of the area.
(m) Day Care Center, Child. Child day care centers operating as of September 3, 2002 and child day care centers operating in conjunction with a school, church, community center, temple, synagogue or public building are not subject to the provisions of this subsection.
(1) Procedures. Any person seeking permission to conduct a child day care center shall file an application Conditional Use Certificate with the Zoning Inspector who shall examine the property to determine if it is suitable for use according to the building, sanitation and fire laws of the City and the state. If the application complies with such laws, the Zoning Inspector shall forward the application along with the Building Official's and/or the Zoning Inspector’s report to the Planning Commission for review.
A. An applicant for a Conditional Use Certificate or an application to renew a Certificate to operate a child day care center shall submit the following written information to the Planning Commission for review:
i. Information explaining the need for the child day care center, the clientele to be served, and the financial resources available to operate the facility.
ii. A license authorizing operation of a child day care center from the Director of Public Welfare, State of Ohio. (In no instance will the Planning Commission consider renewing a Certificate for a child day care center if a license has not been granted to operate such facility within a 365-day period commencing at the time a Certificate was originally approved.)
iii. A detailed plan of services and/or programs to be offered to the children utilizing the child day care center.
iv. The name(s) of the individual(s) and/or agency responsible for administering child day care services.
v. Evidence that use of the proposed site will not adversely disrupt the surrounding neighborhood from the standpoint of noise, lights, congestion and/or traffic generation.
vi. The proposed hours of operation of the child day care center.
vii. The number of children anticipated to be in average daily attendance at the child day care center.
viii. Evidence that both fire prevention and property maintenance inspections have been made of the structure proposed to contain the child day care center, as well as evidence that such building is free of any violations of local and/or state laws or codes.
ix. Plans and drawings which show the location and dimensions of the lot, the location and dimensions of any existing or proposed structures on the lot, floor plans, points of ingress and egress, landscaping and/or screening areas, recreation and open space facilities, and a parking and traffic circulation plan.
x. Evidence of insurance adequate to cover the cost of fire, theft, vandalism, and liability.
xi. Evidence that the child day care administrator has been examined, within the past ninety (90) days, and annually thereafter, by a licensed physician, and has been certified to be free from communicable disease.
xii. Evidence that the child day care administrator has either been trained in first aid by a doctor or nurse, has completed a course in first aid which is approved by the State Department of Health and is certified to administer CPR, or will assume responsibility for ensuring the presence, at all times, of a person who has such knowledge or training.
B. Approval by the Planning Commission. The Planning Commission may authorize the issuance of a Conditional Use Certificate if the child day care center meets the requirements imposed by this sub-section and this Zoning Code. In making this determination, the Planning Commission, in addition to addressing the requirements set out in Chapter 1137 and this sub-section, shall consider the following factors:
i. Impact on the community permitting a child day care center to be located in that particular location.
ii. Location and number of other child day care centers in the City.
iii. The need to maintain neighborhood characteristics.
iv. Needs of residents of the community.
v. Safety and needs of the children to be cared for in the child day care center.
C. Issuance of a Conditional Use Certificate. If the Planning Commission determines that a Conditional Use Certificate for a child day care center should be issued, it shall so instruct the Zoning Inspector to issue the Conditional Use Certificate. The Zoning Inspector shall issue a Conditional Use Certificate or renew a Conditional Use Certificate for the operation of a child day care center, upon approval by the Planning Commission, if he or she finds, after investigation of the applicant and inspection of the center, that the following requirements are met:
i. The buildings in which the center is housed have been approved by the Building Official for the purpose of operating a child day care center. Any structure used for the operation of a center shall be constructed, equipped, repaired, altered and maintained in accordance with applicable provisions of the Ohio Building Code, city ordinances and with regulations adopted by the Ohio Board of Building Standards under Ohio R.C. Chapter 3781 for the safety and sanitation of structures erected for this purpose or for existing structures used for this purpose. Existing structures used as a child care center are included in the meaning of "building" under Ohio R.C. 3781.06 and shall comply with the rules and regulations promulgated by the Ohio Board of Building Standards for existing centers in Chapter BB-303.
ii. The Fire Chief or Fire Safety Officer has inspected the center within the preceding year and has found the center to be free from conditions dangerous to the safety of children. Each center shall have a practical plan approved by the Fire Chief or Fire Safety Officer for evacuation of the building in an emergency in the shortest possible time without confusion, and all employees shall be familiar with such plan. The written evacuation plan shall be posted as required by the Fire Chief or the Fire Safety Officer.
D. Exception. The Planning Commission shall have the right to grant an exception to any provision of the standards and guidelines as set forth in this subsection, provided that such an exception will not have a negative impact on the community or be injurious to the public health, safety or general welfare of the community and the children attending such child day care center and the property owners in the vicinity of such child day care center.
E. Renewal of the Certificate. The Certificate shall be renewed on or before August 1st of every other year. The renewal application along with the two hundred dollars ($200.00) renewal fee shall be filed with the Zoning Inspector by July 1st of the year of renewal, and shall include all items required for an original application in this section. If the application is for a renewal of a permit, the Planning Commission shall review such renewal request and, if after conducting its review and finding continuing compliance with this subsection, any exception therefor and the terms of this permit, the Conditional Use Certificate shall be renewed.
F. The child day care center shall furnish the Planning Commission with copies of the results of all state and county inspections.
G. The Planning Commission shall have the authority to review a Conditional Use Certificate at any time within the Certificate period and to modify or revoke the same for just cause after a hearing at a time and place fixed by the Zoning Inspector.
H. Appeals. Any person adversely affected by a decision of any city official made in the enforcement of this Chapter shall have the right to appeal to the pursuant to Chapter 1138, Appeals and Variances.
I. Remedy for Violations; Emergency Action.
i. The imposition of any penalty shall not preclude the Director of Law or his or her assistants from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent, restrain, correct or abate a violation, or prevent the use of a building, temporarily or permanently, for child day care purposes, or to require compliance with the provisions of this sub-section, or other applicable laws, ordinances, rules or regulations or orders or determination of any city official or member of the Planning Commission and/or the Board of Zoning Appeals.
ii. Notwithstanding the existence of any other remedies, penalties, or legal actions provided for herein, if the Building Official and/or the Zoning Inspector determines that an emergency condition exists which is immediately hazardous to the health or well- being of the children attending an child day care center, he shall order the child day care center immediately closed and shall post thereon, in a conspicuous place, a sign closing such adult care center until further direction of the Building Official and/or Zoning Inspector or appropriate legal action is taken.
(2) Child Day Care Centers shall meet all applicable federal, state or local requirements including, but not limited to, licensing, health, and safety regulations.
(3) Exterior development plans shall include adequate lighting, sidewalks and drop-off zones and shall provide for the separation of vehicular and pedestrian traffic.
(4) The center has, for each pre-school child, school age child, and infant for whom the center is licensed, at least thirty-five (35) square feet of indoor floor space wall-to-wall regularly available for the child day care center operation exclusive of any parts of the structure in which the care of children is prohibited by law or by regulations adopted by the Ohio Board of Building Standards.
(5) The center has on the site or easily and safely accessible a safe outdoor play space which is enclosed by a fence or otherwise protected from traffic or other hazards, contains not less than sixty (60) square feet per pre-school and school-age child using such space at any one (1) time, and provides an opportunity for supervised outdoor play each day in suitable weather. If an area, such as a park or playground, not connected with the center is used for play or recreation, the children shall be closely supervised both during play and while traveling to and from the area.
(6) Outdoor playgrounds, tot lots, exercise areas, etc. shall be fully enclosed by a fence, the height and design of which shall be approved by the Planning Commission.
(7) The administrator and every employee of a child day care center is mentally and physically able to perform his/her duties. Neither the administrator nor any employee has been convicted of child abuse or other crime involving moral turpitude. The administrator and each employee or co-op mother has been examined by a licensed physician not more than thirty (30) days before employment and annually thereafter and there is on file at the center a statement signed by the physician certifying the administrator, all employees, and all co-op mother to be:
A. Free from communicable disease, including tuberculosis, verified either through negative tuberculin skin test or by negative chest x-ray;
B. Physically fit for employment in a facility caring for young children;
C. Immunized against poliomyelitis and diphtheria. An employee may be exempted from the immunization requirement upon filing a written request with the center.
(8) The center has at least two (2) responsible adults available on the premises at all times when five (5) or more children are in the center. The children are organized in small groups and a child care staff provided to give continuity of care and supervision to the children on a day-to-day basis. The maximum number of children per child care staff member, for each separate category by age of children is as follows:
Maximum Number of Children A. Under eighteen (18) months 4 B. Eighteen (18) months but under three(3) years 7 C. Three (3) years but under five (5) years 10 D. Five (5) years and older 15 |
Children of the operator and of staff members, who attend the center or are on the premises for supervision and care, are included in the determination of staff requirements and group capacity.
(9) The administrator has at least a high school education and has completed at least two (2) years of training in an accredited college, university or technical college, including courses in child development, or has at least two (2) years' experience in supervising and giving daily care to children attending an organized group program including at least two (2) years of such experience in working with the age level children for which they will have responsibility. All child day care staff members have completed high school or completed a training program approved by the state. Records of names and addresses of all child day care staff members and other employees shall be maintained and available to city officials.
(10) Parents or guardians are permitted to visit the child day care center during reasonable hours while it is in operation.
(11) The administrator keeps records of the children attending the center, including the name and birthdate of each child, the names, addresses, working addresses, telephone numbers, and emergency contacts of each parent or guardian, and the health record and daily attendance record of each child.
(12) A child day care staff member in charge of a child or group of children shall be responsible for their supervision, safety, and discipline.
(13) Within a Residence zoning district, no new child day care center shall be permitted to be established except in conjunction with a school, church, community center, temple, synagogue or public building.
(14) No room shall be used for child day care purposes unless:
A. It has windows facing open space and has a total glass area of not less than five percent (5%) of the total floor area of the room in which such windows are located.
B. It is adequately ventilated and free from drafts. In determining the adequacy of ventilation, the area and volume of the rooms used shall be considered together with the type of child day care facility, the number of children using such facility, the location of doors and stairways, the aggregate openable area of windows ventilating such area and all other factors relating to ventilation.
C. It has sufficient light therein for general child day care purposes. All areas used for reading, writing, drawing and other similar close work shall be lighted to a level of at least twenty (20) foot candles at work level.
D. It is provided with approved heating facilities capable of maintaining an average temperature of seventy (70) degrees Fahrenheit when the outdoor temperature is minus five (-5) degrees Fahrenheit without forcing the facilities to operate in excess of their designed capacity. Sufficient heat shall be supplied in all rooms to maintain an inside temperature of not less than seventy (70) degrees Fahrenheit whenever the outside temperature falls below fifty (50) degrees Fahrenheit. Such inside temperature shall be measured in the approximate center of each room approximately three (3) feet above the floor.
(15) Each child day care center shall be adequately supplied with hot and cold water and toilet facilities within the building. There shall be a minimum of one (1) toilet for each ten (10) children using any child day care center.
(16) All portions of every room used for child day care purposes shall be kept in a clean, sanitary and healthful condition, free from dangerous or noxious substances of any kind or any conditions that may be harmful to the children.
(17) The common use of washcloths, towels, bed linens, combs, toothbrushes, hair brushes, drinking cups, or other utensils by the children is prohibited in any child day care center.
(18) No child day care center shall be open between the hours of 8:00 p.m. and 6:00 a.m., unless the Planning Commission provides an exception to this requirement. In no case shall any child remain at the center longer than twelve (12) hours on any given day.
(19) The outdoor activity area shall not be located closer than fifty (50) feet to any adjacent boundary line of a Residence zoning district.
(20) The location and design of the facility shall provide for the protection of the children from the traffic, noise, and other hazards of the area.
(n) Distribution and Fulfillment Centers.
(1) The minimum lot area shall be 40,000 square feet.
(2) All aspects of operations, buildings, and structures shall maintain a minimum setback of 150 feet from Residence zoning district boundaries.
(3) Existing natural or manmade barriers at the site shall be provided as protection and screening against noise, dust, and visual protection for all operations. At a minimum, a fifty (50) foot buffer yard shall be provided adjacent to any public street. It shall be planted with large and small evergreen trees and one row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6) feet.
(o) Drive-thru Facilities/Freestanding Drive-thru Facility.
(1) All drive-thru facilities shall have a minimum lot area of one (1) acre and a minimum lot width of 100 feet.
(2) All drive-through facilities including stacking lanes and loudspeaker systems shall be setback a minimum of 100 feet from a Residence district boundary line.
(3) Traffic study: A traffic impact analysis addressing both on-site and off-site traffic and circulation impacts may be required by the Planning Commission. A registered professional engineer experienced and qualified in traffic engineering shall prepare the traffic impact study at the expense of the applicant.
(4) Stacking spaces and lanes.
A. Drive-through establishments shall provide a minimum of six (6) stacking spaces (within the site) before the transaction window or area. An additional space shall also be provided adjacent to the transaction window or area.
B. Each stacking space shall be a minimum of twenty (20) feet in length and ten (10) feet in width along straight portions. Stacking spaces and stacking lanes shall be a minimum of twelve (12) feet in width along curved segments. Stacking lanes shall be delineated from traffic aisles, other stacking lanes and parking areas with the use of one or more of the following: striping, curbing, landscaping, and the use of alternative paving materials or raised medians.
C. Stacking lanes shall be designed to prevent circulation congestion, both on site and on adjacent public streets. The circulation shall separate drive-through traffic from site circulation traffic, not impede or impair access into or out of parking spaces, minimize conflicts between pedestrian and vehicular traffic by physical and visual separation between pedestrian ways and stacking lanes and driveways, or at the crossing of the two.
D. Stacking lanes shall not interfere with required loading and trash storage areas nor impede or impair vehicular movement within stacking lanes. If said separate stacking lane is curbed, an emergency by-pass or exit shall be provided.
E. Access to and egress from all stacking lanes shall be made within the parking lot and not directly to or from a public right-of-way. Stacking lanes shall be integrated from the site circulation pattern.
(5) Any changes in the approved development/drive-through plan or in the activity to be conducted on the site shall be submitted to the Planning Commission for review and approval.
(6) Drive-through facilities are prohibited from operating in a manner that results in vehicular stacking that interferes with a public right-of-way.
(7) Loudspeaker systems shall be approved as part of the conditional use and shall not create a nuisance for adjacent properties.
(8) On a corner lot, the location of access drives to the street shall be placed as far from the intersection as possible and shall be limited to no more than one access drive per street frontage.
(9) The Planning Commission may limit the hours of operation of a drive-thru facility as a condition of approval for the Conditional Use Certificate. In evaluating this provision, the Planning Commission shall consider the proximity of Residence zoning districts, schools, places of worship, and parks/playgrounds.
(10) In addition to the provisions specified above, the following findings must be made for the granting of an approval for a drive-through facility:
A. That the use will not substantially increase vehicular traffic on streets in a Residence zoning district.
B. That the use will not substantially lessen the usability of adjacent or nearby commercially zoned property or commercial use by interfering with pedestrian traffic;
C. That the use will not create increased traffic hazards to pedestrians; and,
D. That the site will be adequate in size and shape to accommodate said use and to accommodate all setbacks, yards, walls, parking, screening, buffering, landscaping, and other requirements.
(p) Dwelling Unit, Multifamily. See Multifamily Dwelling Unit.
(q) Home Improvement Center.
(1) The minimum lot area shall be 40,000 square feet.
(2) All aspects of operations, buildings, and structures, excluding off-street parking facilities, shall maintain a minimum setback of 100 feet from Residence zoning district boundaries.
(3) Points of ingress and egress to the site shall be minimized and placed in such a way as to maximum safety, maximize efficient traffic circulation, and minimize the impact on the surrounding area
(r) Indoor Commercial Recreation. See Commercial Recreation, Indoor.
(s) Manufacturing, Light.
(1) The minimum lot area shall be 40,000 square feet.
(2) Existing natural or manmade barriers at the site shall be provided as protection and screening against noise, dust, and visual protection for all operations. At a minimum, a fifty (50) foot buffer yard shall be provided adjacent to any Residence zoning district. It shall be planted with large and small evergreen trees and one row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6) feet. The evergreen shrubs shall be three (3) feet when planted. Trees and/or shrubs shall be adequately spaced to form a solid, continuous visual screen within one (1) year after the initial installation. At a minimum, at the time of planting, the spacing of trees shall not exceed twelve (12) feet on center.
(3) The facility shall be designed and operated so as not to produce odors, gas, dust, or any other atmospheric pollutant detrimental to the health, safety, or general welfare of persons living or working in the surrounding area. The emission of odorous matter or smells in such quantities as to produce a public nuisance or hazard shall not be permitted.
(4) The facility shall not generate truck traffic materially different in truck size or frequency from that truck traffic generated by the surrounding commercial/industrial uses.
(5) Applicant must clearly demonstrate that the use will be compatible with the surrounding land uses and the surrounding built environment, particularly with regarding to traffic circulation, parking, and appearance.
(6) Points of ingress and egress to the site shall be minimized and placed in such a way as to maximum safety, maximize efficient traffic circulation, and minimize the impact on the surrounding area.
(7) There shall be no outside activities conducted or outside storage.
(t) Micro-Production of Alcohol. See Brewpub.
(u) Motor Vehicle Sales and Leasing.
(1) Motor vehicle sales and leasing facilities are prohibited on lots that have road frontage on Aurora and Miles Roads.
(2) A service garage, leasing department, and other activities customarily incidental to a motor vehicle sales and leasing facility shall be permitted as accessory to the sale of motor vehicles provided the activities are conducted entirely in an enclosed building.
(3) Only repair of automobiles customarily associated with motor vehicle sales and leasing shall be permitted and shall be conducted inside a suitable building.
(4) No inoperable or unlicensed vehicles, which are not displayed for sale, shall be stored or parked outside for more than forty-eight (48) hours.
(5) Motor vehicles displayed for sale or lease shall be parked on a hard surface that complies with the minimum parking setbacks in the applicable zoning district.
(6) Vehicle parking areas, vehicle storage areas, maneuvering lanes, and access ways to public streets shall be designed to prevent interference with the safe and convenient movement of vehicular and pedestrian traffic on the site and adjacent public rights-of-way.
(v) Multifamily Dwelling.
(1) The principal orientation of all the multifamily buildings shall be the public street on which the lot has frontage. There shall be at least one entrance, for each building facing the street, and the principal windows of the multifamily units shall also face this public street.
(2) Vehicular entrances to the multifamily development shall be minimized and designed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any adjacent residential neighborhood.
(3) All accessory structures shall be located behind the rear building line of the multifamily dwellings.
(w) Office–Administrative/Professional. In the Industrial District, an administrative/professional office shall only be permitted when part of a multi-use development or when such use does not occupy the majority of the gross floor area in a stand-alone building or development.
(x) Office Warehouse/Flex Space.
(1) In the General Business District, the maximum gross square footage of such use shall be 50,000 square feet.
(2) No exterior odor, dust, noise, or other impacts shall be produced as a result of the use. On the Development Plan application, the applicant shall list all proposed uses as well as the square footage devoted to each use. If requested by the Planning Commission, the applicant shall provide documentation certifying that proposed uses will have no adverse, external impacts.
(y) Public Governmental Facility; Library; Park.
(1) The minimum lot area shall be 40,000 square feet.
(2) No outdoor activity or recreational area shall be permitted unless the lot area is two (2) acres or more.
(3) When adjacent to any boundary line of an R-S, R-1, and R-2 District, the minimum side and rear setback for principal and accessory buildings shall be fifty (50) feet.
(4) Outdoor recreational areas shall be not located in the front yard. The minimum setback from side and rear lot lines for all outdoor recreation areas shall be fifty (50) feet measured from the edge of the recreation area including any associated seating areas.
(5) Exterior lighting shall be compatible with the surrounding neighborhood and development.
(z) Public Maintenance/Transportation Facilities and Operation Yards.
(1) The minimum lot size shall be one and one-half (1.5) acres, and the minimum lot width shall be 100 feet.
(2) The minimum setback for principal and accessory structures abutting a Residence district boundary line shall be seventy-five (75) feet.
(3) Such facilities shall be limited to those that are essential for the distribution of services to the local area.
(4) Exterior lighting shall be compatible with the surrounding neighborhood and development.
(5) Existing natural or manmade barriers at the site shall be provided as protection and screening against noise, dust, and visual protection for all operations. At a minimum, a fifty (50) foot buffer yard shall be provided adjacent to any public street and any Residence zoning district. It shall be planted with large and small evergreen trees and one row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6) feet. The evergreen shrubs shall be three (3) feet when planted. Trees and/or shrubs shall be adequately spaced to form a solid, continuous visual screen within one (1) year after the initial installation. At a minimum, at the time of planting, the spacing of trees shall not exceed twelve (12) feet on center.
(aa) Public Safety Facility.
(1) The minimum lot size shall be one and one-half (1.5) acres, and the minimum lot width shall be 100 feet.
(2) The minimum side and rear setback for principal and accessory structures shall be thirty (30) feet. The minimum setback for principal and accessory structures abutting a Residence district boundary line shall be seventy-five (75) feet.
(3) Such facilities shall be limited to those that are essential for the distribution of safety services to the local area.
(4) Exterior lighting shall be compatible with the surrounding neighborhood and development.
(bb) Research and Development Facility.
(1) The principal activities of the use shall occur completely within an enclosed building.
(2) Where the site is adjacent to a Residence zoning district boundary line, hours of operation may be restricted by the Planning Commission.
(3) No exterior odor, dust, noise, or other impacts shall be produced as a result of the use. The Planning Commission may impose additional noise reduction measures, including landscaping and sound barriers, to minimize noise and to maintain the prevailing noise levels of permitted uses in the zoning district.
(cc) Retail Establishment. Retail sales to the public shall be permitted with industrial uses listed in Schedule 1159.02 (d) upon the following conditions:
(1) No more than twenty percent (20%) of the floor space of the industrial uses shall be devoted to retail sales to the public.
(2) The sale of goods or items to the public through retail sales shall be goods solely manufactured or normally warehoused in the primary part of the building.
(3) No additional separate signs for the retail portion of the operation shall be permitted and, under no circumstances, shall the maximum sign area permitted under the Zoning Code be exceeded or increased to permit on site advertisement of the retail sales portion of the business.
(4) All other restrictions and requirements for businesses in the Industrial District shall be applicable to the portion of the business used for retail sales.
(dd) Second-hand Establishment.
(1) Second-hand Establishment shall not be located closer than 500 feet from another Second-hand Establishment.
(2) Any designated collection area for receiving goods and merchandise shall be located on the side or rear of the building. Such collection area shall be noticed to prohibit depositing of goods when the store is closed.
(ee) Self-storage Facility, Indoor. Only Indoor Self-storage Facilities that existed prior to April 18, 2023 shall be permitted. New Indoor Self-storage Facilities and the conversion of existing buildings that existed as of April 18, 2023 is prohibited. Existing facilities shall comply with the following requirements.
(1) The standard leases for rental of a self-storage units shall include clauses prohibiting the following:
A. The storage of flammable liquids or radioactive, highly combustible, explosive or hazardous materials.
B. The self-storage unit shall be used only for dead storage.
C. No activities, such as the sale, repair, fabrication, or servicing of goods, motor vehicles, appliances, equipment, or materials shall be conducted from the self-storage units.
(2) The Fire Department shall be provided 24-hour access to the grounds. A lockbox or similar mechanism shall be provided for the Fire Department’s use.
(3) All storage shall be within a completely enclosed building. The outdoor storage of inventory, materials, vehicles, merchandise or other personal property is prohibited.
(4) Ornamental fencing is permitted and encouraged in the front of the building. No fence shall be topped with barbed wire or sharp edged materials.
(5) Indoor Self-storage facilities that existed as of April 18, 2023 shall only expand or enlarge in conformance with the following:
A. No storage unit door opening shall face a Residence Zoning District. The Planning Commission may grant an exception this regulation due to the shape of the parcel, the location of surrounding structures and utilities, the location of access points and other similar conditions. If the Commission grants such an exception, a 20-foot buffer yard shall be installed along the Residence Zoning District boundary in which a 6-foot masonry wall shall be constructed.
B. The Development Plan shall indicate the orientation of the buildings and the number and size of storage units.
C. The size of each storage unit shall not exceed 500 square feet.
(ff) Self-storage Facility, Outdoor. Only Outdoor Self-storage Facilities that existed prior to April 18, 2023 shall be permitted. New Outdoor Self-Storage Facilities are prohibited. Existing facilities shall comply with the following requirements.
(1) Vehicles, trailers, and equipment parked or stored outside shall be on an impervious surface, such as asphalt or concrete. The area surrounding the parked or stored vehicles, trailers and equipment shall be maintained and kept nuisance free pursuant to all applicable City ordinances, codes, standards, and regulations.
(2) The repainting, rebuilding, overhauling or dismantling of a vehicle or equipment or the storage of tires, motor, body or other parts is prohibited.
(gg) Truck Terminals.
(1) The minimum lot size shall be three (3) acres, and the minimum lot width shall be 200 feet.
(2) Where the site is adjacent to a Residence zoning district, hours of operation may be restricted by the Planning Commission.
(3) When the site is adjacent to a Residence zoning District, the minimum side and rear setback for principal and accessory structures shall be 100 feet.
(4) The facility shall be located on an arterial street.
(5) All vehicular access shall be provided via the arterial street and shall be designed so as not to create an interference with traffic on surrounding public streets.
(6) All truck parking, waiting, loading, unloading, and stacking areas shall comply with the principal building setbacks for the district in which the facility is located or the requirements in this sub-section, whichever is greater.
(7) All repair operations shall be conducted inside a principal or accessory building.
(8) To minimize noise, the Planning Commission may require noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District.
(hh) Warehouses. Warehouses shall only be permitted in non-residential buildings existing prior to April 18, 2023. The construction of new warehouses is prohibited after April 18, 2023.
(ii) Wastewater Treatment Facility.
(1) The minimum lot size shall be five (5) acres.
(2) Fences and walls, in excess of six (6) feet in height, shall be setback from every public street right of way line a distance no less than twelve (12) feet and shall be setback from every other property line a distance of no less than ten (10) feet.
(3) Storage of materials shall be within a completely enclosed building.
(4) Wastewater Treatment Facilities, as measured from the outermost edge of the facility and its exterior operations, shall be located a minimum of seventy-five (75) feet from any residentially used property.
(5) Except as required in sub-section (4) above, the minimum side and rear setback for principal and accessory structures shall be thirty (30) feet
(6) Existing natural or manmade barriers at the site shall be provided as protection and screening against noise, dust and visual protection for all operations. At a minimum a fifty (50) foot buffer yard shall be provided adjacent to any public street and any Residence zoning district boundary line. It shall be planted with large and small evergreen trees and one row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6 )feet. The evergreen shrubs shall be three (3) feet when planted. Trees and/or shrubs shall be adequately spaced to form a solid, continuous visual screen within one (1) year after the initial installation. At a minimum, at the time of planting, the spacing of trees shall not exceed twelve (12) feet on center.
(Ord. 2023-029. Passed 4-18-23.)