1145.03 SITE DEVELOPMENT REGULATIONS.41
   41Special uses shall comply with all pertinent development standards contained in Chapter 1163.
   (a)   Lot Requirements.
 
(1)   Minimum lot area
none
(2)   Minimum lot frontage
150 feet 42
42 Or such lesser frontage as will permit compliance with the side yard and off-street parking requirements.
   (b)   Yard Requirements.
 
(1)   Minimum front yard depth
43
43 Fifty foot front yard depth shall be provided; however, if adjacent lots are developed, the average of adjoining front yard depths shall be provided if less than 50 feet. If located across the street from a Residential District, 50 feet shall be provided in any case.
 
(2)   Minimum rear yard depth
44,45,46
(3)   Minimum side yard width
44,45,46   on each side.
44 Each side and rear yard shall be equal to two (2) times the height of the principal building. If adjacent lots are industrially developed to the lot line, side yard requirements shall be at the discretion of the Planning Commission. Where a side or rear yard abuts upon a Residential District, said yard shall in no case be less than one hundred (100) feet and a landscaped screening as specified in Section 1155.01 shall be provided. An opaque fence may be substituted for such plantings if approved by the Planning Commission. If the use is to be serviced from the rear, the yard shall be at least fifty (50) feet deep.
45 A minimum side and rear yard of one hundred (100) feet shall be provided for all special uses with the exception of banks, restaurants and taverns which shall be reviewed on an individual case basis. Where a side or rear yard abuts onto a Residential District, said yard shall in no case be less than one hundred fifty (150) feet and a landscaped screening as specified in Section 1155.01 shall be provided. An opaque fence may be substituted for such plantings if approved by the Planning Commission.
46 Any portion of the side and rear yards in excess of 15 feet from the property line may be used for parking.
   (c)   Structural Requirements.
      Maximum building height   45 feet
   (d)   Parking and Loading Requirements. See Chapter 1159 for off-street parking and loading requirements.
   (e)   Signs. See Chapter 1161 for signs and location of permitted signs.
   (f)   Supplementary Regulations. Site plan approval required. A site plan shall be submitted to the Planning Commission for approval. Such site plan shall graphically include the location and dimensions of vehicular entrances, exits, internal circulation pattern, off-street parking and loading facilities, building locations and dimensions, storage facilities, landscaping and screening facilities.
(Ord. 1987-05. Passed 8-4-87.)
   (g)   Sexually Oriented Business Development Regulations.
      (1)   No sexually oriented business shall be established within 700 feet of any area zoned as a residential district or zoned for residential use.
      (2)   No sexually oriented business shall be established within a radius of 700 feet of any nursery school, kindergarten, day care, compulsory school, or library, whether public or private, governmental, religious or commercial, which nursery school, kindergarten, day care, compulsory school, or library is attended by persons under eighteen years of age.
      (3)   No sexually oriented business shall be established within 700 feet of any public park or public recreation facility.
      (4)   No sexually oriented business shall be established within a radius of 700 feet of any other sexually oriented business or a 700-foot radius of any two of the following establishments:
         A.   Establishments for the sale of beer or intoxicating liquor for consumption on the premises.
         B.   Pawn shops.
         C.   Pool or billiard halls.
         D.   Pinball palaces, halls, or arcades.
         E.   Dance halls or discotheques.
      (5)   No sexually oriented business shall be established within 700 feet of any church.
      (6)   No sexually oriented business shall be located within 3,000 feet of the right of way of Interstate 70.
      (7)   Advertisements, displays or other promotional materials posted or displayed at a sexually oriented business shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from any other public areas.
      (8)   All building openings, entries, doorways, windows and the like, at any sexually oriented business shall be located, covered or screened in such manner as to prevent any view into the interior of any sexually oriented business from the exterior of the structure or any public area.
      (9)   No screens, loudspeakers or sound equipment shall be used by a sexually oriented business that can be seen or discerned by the public from any public area.
      (10)   Site plan approval required. A site plan shall be submitted to the Planning Commission for approval. Such site plan shall be drawn to scale and shall graphically demonstrate compliance with the location requirements set forth herein, and compliance with all setback, landscaping, screening, parking, loading, signage, yard and structural requirements of the I-2, General Industrial District. The Planning Commission shall grant approval or denial of the site plan based only on the non-discretionary technical requirements set forth in Section 1145.03(a)-(f), except as modified by Section 1145.03(g) herein. The Planning Commission shall render its decision on whether to approve or deny a site plan for a sexually oriented business within forty-five days of submission of the site plan. Failure of the Planning Commission to render approval or denial of a submitted site plan for a sexually oriented business within the forty-five day review period shall result in the submitted site plan automatically being approved and issuance of a zoning permit. This subsection (g)(10) shall apply only to site plan approvals for sexually oriented businesses.
      (11)   Whether the location of a sexually oriented business satisfies the criteria of this subsection (g) shall be determined by measuring the straight-line distance, without regard for intervening structures, from the closest exterior structural wall or section of wall enclosing the sexually oriented business to the nearest property line of the other use in question and in the case of Interstate 70, the nearest right of way line to the sexually oriented business.
         (Ord. 2005-09. Passed 11-15-05.)