The Planning Commission shall establish beyond reasonable doubt that both the general standards and the specific requirements pertinent to each special use indicated herein shall be satisfied by the establishment and operation of the proposed special use.
Wherever no specific area, frontage and setback requirements are specified in provision for specific special uses, then the area, frontage and setback requirements in the applicable zone shall apply; provided, that the Planning Commission shall be authorized to waive or modify certain requirements as necessary to achieve compatible development with adjacent land areas as well as in the interest of the community in general. The Planning Commission may also impose such additional conditions, guarantees, and safeguards as it deems necessary for the general welfare, for the protection of individual property rights, and for insuring that the intent and objectives of this Ordinance will be observed.
(a) General Requirements. The Planning Commission shall review the particular facts and circumstance of each proposed use in terms of the following standards and shall find adequate evidence that such use on the proposed location:
(2) Will be harmonious with and in accordance with the general objectives, or with any specific objectives of the Municipality of Brookville and/or the Municipal Zoning Ordinance.
(3) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity that such use will not change the essential character of the same area.
Structures to be constructed, reconstructed or altered pursuant to special uses in residential districts shall, whenever practicable, have the exterior appearance of residential buildings of the type otherwise permitted and shall have suitable landscaping, screen planting and fencing wherever deemed necessary by the Planning Commission.
(4) Will not be hazardous or disturbing to existing or future neighboring uses.
(5) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
(6) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
(7) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
(8) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.
(9) Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance.
(b) Specific Guidelines for Special Uses and Selected Permitted Uses. Following is a list of standards for special and permitted uses as specified in the respective district regulations contained within Chapters 1121.01 to 1157 of this Ordinance. These standards shall be used in conjunction with other standards as required in the respective zoning district in which the special use is proposed. In the event of conflicting standards, the special use standard shall prevail.
(Ord. 1987-05. Passed 8-4-87; Ord. 2005-09. Passed 11-15-05.)
(1) Agricultural Services.
A. Agricultural services shall include commercial activity that primarily serves the farming community, such as tractor and farm implement sales, welding shops, grain elevators, doctor and dentist offices, saw sharpening, farming machinery and repair (including automobiles and trucks), and grocery stores, if determined by the Planning Commission to be needed and appropriate.
B. Structures used for agricultural services and/or related storage shall be a minimum distance of:
1. One hundred (100) feet from any dwelling.
2. One hundred (100) feet from any Residential District.
C. The site shall have adequate access onto a hard surfaced state highway, or county or Municipal road, that is regularly maintained and adequate to handle the additional traffic generated by the use.
D. Adequate parking shall be provided so as not to interfere with vehicular traffic on adjacent thoroughfares.
E. The applicant shall demonstrate that the proposed operations will not be detrimental to the vicinity or surrounding properties.
F. No outdoor disassembly or repair of farm machinery shall be permitted.
G. All equipment used in the operations shall be constructed, maintained, and operated in such a manner as to eliminate so far as practical, noise, vibration, or dust which would injure or annoy persons living in the vicinity.
H. All exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any adjoining property in a Residential District or any adjoining dwelling in a C District.
(2) Airports and Landing Strips.
A. The applicant shall demonstrate that the proposed operations will not be detrimental to the vicinity or surrounding properties.
B. The proposed facility shall meet the appropriate standards and requirements of the Federal Aviation Administration.
C. The airport, in accordance with the standards and requirements of the Federal Aviation Administration, will not require the heights of structures on adjacent land to be less than the height limit specifically prescribed for the District in which such land is situated.
D. All runways and service aprons shall have a dustless surface.
E. No area used by any aircraft under its own power shall be located within a distance of two hundred (200) feet from any property line; one thousand (1,000) feet from any public or private institution; or one thousand (1,000) feet from any Residential or Commercial District on the approach and departure ends of the runway. Buildings, hangars, or other structures shall be at least two hundred (200) feet from any property line, and no parking of vehicles shall be allowed within one hundred (100) feet from any property line.
F. Exterior lighting shall be shaded wherever necessary to avoid casting direct light upon any adjacent property or any adjacent public street.
(3) Animal Hospitals, Veterinary Clinics, and Kennels.
A. Principal Permitted Uses:
1. The care of ill and/or injured household animals.
2. The overnight boarding of ill and/or injured household animals.
3. The overnight boarding of healthy household animals.
4. The sale of goods used in the care of household animals.
B. Care and boarding shall be limited to small animals and may not include cattle, horses or swine except in the Conservation District.
C. All activities other than off-street parking and loading/unloading shall be conducted within a fully enclosed structure. Outside runs shall be permitted only in the C District where they shall be at least two hundred (200) feet from any lot in a Residential District.
D. Structures shall be designed and maintained in a manner to prevent the development of unsanitary conditions which could result in unpleasant odor or vermin nuisance.
E. Rooms intended to accommodate animals shall be insulated, or otherwise soundproofed and vented so that animal noises will not be audible at any point on the perimeter of the property.
F. A solid wood fence or masonry wall six (6) feet high shall be constructed where an animal hospital, veterinary clinic, or kennel is located adjacent to a Residential District. The applicant shall also meet the requirements of Section 1155.01.
(4) Automobile Service Stations, Repair and Body Shops.
A. Automobile service stations doing no major repair work shall have a minimum lot size of fourteen thousand (14,000) square feet. All other uses shall have a minimum lot size of twenty thousand (20,000) square feet.
B. Minimum front yard:
1. Buildings - forty (40) feet.
2. Gasoline pumps - twenty (20) feet.
3. Canopies - ten (10) feet.
C. All outdoor display areas shall be located a minimum of twenty-five (25) feet from any adjacent residential property, and any buildings used for service and repair work shall be located a minimum of fifty (50) feet from any adjacent residential property.
D. Outdoor display of merchandise on the site shall be restricted to the following:
1. Small supplies at the pump island of lubricating oils, additives, anti-freeze, windshield wiper blades and similar items.
2. Tire displays and vending machines if located within or immediately adjacent to the perimeter of the service station building.
3. All other merchandise shall be located completely within the enclosed service station building.
E. All hydraulic hoists, oil pits and all lubricants, greasing, automobile washing and repair equipment shall be enclosed entirely within a building.
F. A solid wood fence or masonry wall at least six (6) feet high shall be provided on any side of the site adjacent to a residential property.
G. Activities at automobile service stations shall be limited to:
1. The sale of petroleum fuel, primarily to passenger vehicles.
2. The servicing of motor vehicles with minor repair work.
3. The following accessory uses:
a. Machine vending of merchandise;
b. Washing automobiles provided that no chain conveyer, steam cleaner or other mechanical device is used;
c. Retail sale of miscellaneous products relating to minor repair work (oil, grease, anti-freeze, tires, batteries, windshield wipers and similar items); and
d. Rental of trucks and trailers, provided that no more than ten (10) percent of the total site shall be devoted to such activity; no rental units over thirty (30) feet in length shall be permitted; rental vehicles shall not be permitted to be stored either in required off-street parking spaces or within required front building setback; and a minimum of one hundred sixty (160) sq. ft. of lot area shall be provided for every trailer to be stored and three hundred twenty (320) sq. ft. for every truck to be stored.
4. Specifically prohibited is major repair work, including automobile body repair and painting, automobile glass work, automobile transmission work, automobile engine overhaul and repair, and radiator repair work.
H. For all uses regulated by this subsection, all hydraulic hoists, oil pits and all lubricants, greasing and repair equipment shall be enclosed entirely within a building. No outdoor disassembly or repair of motor vehicles shall be permitted.
I. All areas not paved or covered by the building shall be landscaped, and all landscaped areas shall be separated from all paved areas by a six (6) inch high curb.
J. Ingress and egress drives shall not be more than 30 feet as measured at the property line.
K. No more than one (1) curb opening shall be permitted for every 50 feet of frontage (or major fraction thereof) along any street, with a maximum of two per frontage.
L. Driveways opening on traffic lanes leading to the intersection at which the business is situated shall be located as to provide not less than 40 feet spacing between the intersection formed by the adjacent street right-of-way lines and the nearest side of such driveway. Driveways opening on traffic lanes leading away from the intersection shall be located so as to provide not less than 20 feet spacing between the intersection formed by the adjacent street right-of-way lines and the nearest side of such driveways, measured along the right-of-way line.
M. Exterior lighting shall be directed inward and away from abutting properties.
N. External areas for storage of rubbish and other discarded materials shall be completely screened by the use of a properly maintained rigid fence.
(5) Automobile Wrecking and Metal Salvaging, Sales and Storage.
A. Automobile wrecking and metal salvaging, sales and storage shall be effectively screened on all sides by means of a masonry wall or tight based or similar fence not less than six (6) feet high.
B. Immediate access to a major thoroughfare shall be required.
C. The site shall be a minimum distance of six hundred (600) feet from any property zoned for residential purposes.
(6) Banks, with Drive-through Facilities.
A. A minimum lot area of twenty thousand (20,000) square feet is required.
B. Drive-in windows and lanes shall be located at least fifty (50) feet from any residential property, and a solid wood fence, hedge or masonry wall at least six (6) feet in height shall be provided where a drive-in window is located adjacent to a residential property.
C. In addition to the off-street parking spaces required within Chapter 1159, five (5) off-street parking spaces per drive-in window or drive-through teller machine shall be provided for stacking purposes.
D. Customer and employee parking shall be separated from drive-in activities, and customer parking shall be located in the area with highest accessibility to the principal building.
E. The circulation system shall provide smooth, continuous traffic flow with efficient, non-conflicting movement throughout the site. Major pedestrian movements shall not conflict with major vehicular circulation movements.
(7) Bars and Taverns.
A. Minimum lot area shall be ten thousand (10,000) square feet.
B. The structure shall be setback at least thirty-five (35) feet from any residential property and a solid fence, wall or hedge six (6) feet in height shall be provided on any side of the site adjacent to a residential property.
C. No bar or tavern shall be located closer than two hundred fifty (250) feet to a church, school, or similar institution.
D. Access shall be from an arterial street or shall be provided in a manner that does not cause heavy traffic on residential streets.
E. An assessment shall be made of the probable effects of the proposed facility's parking provisions and evening operations on the surrounding area.
(8) Bowling Alley, Indoor Skating and Similar Uses.
A. The structure shall be setback at least fifty (50) feet from any residential property and a solid fence, wall or hedge six (6) feet in height shall be provided on any side of the site adjacent to a residential property.
B. Access shall be from an arterial street or should be provided in a manner that does not cause heavy traffic on residential streets.
C. An assessment shall be made of the probable effects of the proposed facility's parking provisions and evening operations on the surrounding area.
(9) Building Materials Sales Yards.
A. Immediate access to a major thoroughfare shall be required.
B. All storage that is not totally enclosed within a building shall be enclosed with a six (6) foot fence and gate that provides both security and a visual barrier. Where this outdoor storage is located adjacent to a Residential District, there shall be planted along the outside face of the required fencing mature evergreens at thirty (30) foot intervals.
(10) Car Washes.
A. Minimum lot area shall be twenty thousand (20,000) square feet.
B. All structures shall be located at least fifty (50) feet from any adjacent residential property.
C. All washing facilities shall be included entirely within an enclosed building except that entrance and exit doors may be left open during the hours of operation.
D. Vacuuming and/or steam cleaning equipment may be located outside, but shall not be placed in the front yard, a side yard facing a street, or in any yard adjoining a Residential District. Mechanical drying equipment and/or hand drying of motor vehicles must be performed on the premises.
E. A hard-surfaced exit drive not less than forty (40) feet in length shall be provided between the exit doors and the street.
F. A solid fence, wall, or hedge six (6) feet high shall be required when a car wash is adjacent to a Residential District.
G. The following hard-surfaced, dust-free, off-street parking spaces shall be provided:
1. Six (6) waiting spaces and two (2) storage spaces for each car washing device or stall; or ten (10) off-street waiting spaces for an assembly line type washing establishment where vehicles await entrance to the washing process.
2. Two (2) employee parking spaces for every three (3) employees.
3. Two (2) parking spaces at the exit end of each washing bay for drying and hand finishing of vehicles.
H. Access shall be from an arterial street or major collector street.
(11) Cemeteries.
A. For purposes of this section, an office, crematorium, mausoleum, and other buildings or structures necessary to the operation of a cemetery shall be permitted as accessory uses thereto.
B. Minimum site area shall be 20 acres.
C. Location. The site shall be located with at least 300 feet of frontage on a street designated as a secondary arterial or higher.
D. Minimum setback lines of at least 50 feet shall be provided along all street right-of-way lines and adjoining property lines, provided, however, internments, markers, and gatehouses may be located not closer than 30 feet to any adjoining property line when not in excess of 15 feet in height.
E. Mausoleums or crematoriums shall be a distance of at least two hundred (200) feet from adjacent property lines and street right-of-way lines.
F. Maximum height shall be 50 feet.
G. Fencing. The entire property shall be enclosed with an ornamental fence, wall or compact planting barrier. Such fence, wall, or planting barrier shall be at least four (4) feet in height and provided with landscaping.
(12) Churches, Libraries, Community and Recreation Centers.
A. Minimum lot area shall be one (1) acre.
B. All sites shall have access only from an arterial or collector street or shall provide access in a manner that does not cause heavy traffic on residential streets.
C. All structures and active outdoor recreation uses shall be setback a minimum of fifty (50) feet from any residential property; however, any outdoor recreation area with night lighting shall be setback one hundred (100) feet from any residential property.
D. Parking spaces for church buses shall be located as far distant from any adjacent residential property line as possible. A minimum of fifty (50) feet shall be required in any case.
(13) Clinics.
A. A medical or dental clinic may be allowed, upon a finding by the board that such use will not constitute a nuisance because of traffic, noise or physical activity and that such use will not affect adversely the present character or future development of the surrounding residential community, subject to the following specific conditions:
1. Minimum area, forty thousand square feet.
2. Minimum frontage, two hundred feet.
3. Minimum setback, forty feet from all property lines.
4. Maximum building height, as specified in zone.
5. Maximum building coverage, fifteen percent.
6. Location of access, on business district street, arterial or major highways.
B. Accessory services, including laboratories and pharmacies for the use of patients visiting medical practitioners in the clinic, may be permitted as part of the clinic facility, subject to the following specific conditions:
1. All entrances to parts of the building in which these accessory services are provided shall be from within the building and any direct access from the street is prohibited.
2. The hours during which these services are provided shall be the same as those during which medical practitioners are receiving patients.
(14) Clubs, Private and Public, Golf and Country Clubs, and Lodges Operated by Educational, Social or Fraternal Organizations.
A. Accessory uses necessary to the operation of such use, such as clubhouses, restaurants, bars, swimming pools and similar activities, shall be permitted; provided, however, such uses where the conduct of business is the principal activity, shall not be permitted.
B. The lot shall be located so as to abut a collector street, secondary thoroughfare, or major thoroughfare with at least one property line.
C. Adequate lot area shall be provided for the use contemplated.
D. Minimum setback lines shall be 100 feet from an adjoining property line; provided, however, the distance from the center and centerline of all greens and fairways shall be at least 150 feet from an adjoining property line.
E. When any softball, baseball, soccer or football field, tennis court, structured play area or parking area is located less than one hundred fifty feet (150) feet from any residential property, a continuous planting screen not less than six (6) feet in height shall be provided.
(15) Community Based Residential Social Service Facilities.
A. Submission requirements. The operator or agency applying for special use permit to operate a community based residential social service facility shall submit the following information to aid the Planning Commission in their review of the requested facility:
1. Information sufficient to establish the need for the facility in the proposed location, in relationship to the specific clientele served.
2. Identification of similar facilities presently existing within the County and its municipalities.
3. A license or evidence of ability to obtain a license, if such is required, from the pertinent governmental unit prior to operation. Prior to the issuance of a final certificate of occupancy, the operator or agency shall provide evidence that a valid license has been issued or is obtainable for the proposed special use on the subject property. If licensing is not available, a verified affidavit so stating shall be presented.
4. A copy of the sponsoring agency's operational and occupancy standards.
5. A detailed plan for services and programs.
B. Facility requirements.
1. Every room occupied for sleeping purposes within the home shall contain a minimum of eighty (80) square feet of habitable room area for one occupant, and when occupied by more than one shall contain at least sixty (60) square feet of habitable room area for each occupant.
2. Suitable space shall be provided for indoor and/or outdoor recreational activities for the clientele served, based upon generally accepted recreational standards or those specified by the licensing authority.
3. No exterior alterations of the structure shall be made which depart from the residential character of the building. All new structures prepared shall be of compatible residential design with the surrounding neighborhood, to the degree possible.
4. Off-street parking requirements: One (1) space per every three (3) persons residing in a family or community based residential social service facility except for facilities prohibiting ownership or operation of automobiles by occupants of such facilities. In any case, suitably screened off-street parking shall be provided on a one-to-one ratio to the number of autos operated out of the facility. Within neighborhoods in which on-street parking is accepted practice, on-street space directly abutting the subject lot may substitute for a proportion of the required off-street spaces if approved by the Planning Commission.
5. Resident density shall not exceed that density permitted within the respective zoning district in which the facility is proposed.
C. Findings by the Planning Commission. In its review of each proposed facility, the Planning Commission shall make specific findings of fact relative to the following criteria. The proposed facility:
1. Is in fact a community based residential social service facility licensed by the appropriate authority to provide such service within the State of Ohio (and the Municipality of Brookville, Montgomery County). If such licensing is not available, a certified affidavit so stating has been presented to document this statement.
2. Is in fact a needed facility in the location proposed, based upon evidence acceptable to the Planning Commission.
3. Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing officially planned uses in the general vicinity and that such use will not change the essential character of the same area. In this regard, it does not contribute to a concentration of such facilities in the respective area.
4. Will not be hazardous or disturbing to existing or officially planned future neighboring uses from the standpoint of noise, lights, congestion or traffic generation which would be incompatible with the neighborhood environment.
5. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
6. Will not involve uses, activities and conditions of operation that will be detrimental to any persons, property, or the general welfare.
7. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.
(16) Congregate Housing.
A. Licensing or approval of facility by the central licensing body.
B. The facility shall not be used to house more residents than can be housed therein consistent with the health, safety and welfare of residents as determined by the central licensing body.
C. Every room occupied for sleeping purposes within the house shall contain a minimum of eight (80) square feet of habitable floor area for one occupant, and when occupied by more than one individual, shall contain at least sixty (60) square feet of habitable floor area for each occupant.
D. No exterior alterations of the structure shall be made which depart from the residential character of the building. All new structures shall be compatible in residential design with the surrounding neighborhood.
E. Projected traffic volume shall not be significantly greater in volume than would otherwise normally occur in the neighborhood in which it is located.
(17) Daycare Centers and Nursery Schools.
A. Daycare centers for seven (7) or more children shall have a minimum lot area of seventy-five hundred (7,500) square feet, or five hundred (500) square feet per child, whichever is greater. Home child care of six (6) or fewer children is considered a home occupation and is regulated in Section 1163.03(b)(25).
B. There shall be provided a minimum of one hundred (100) square feet of fenced outdoor play area per child.
C. An on-site drop-off area shall be provided at the main entrance to the facility sufficient to accommodate four (4) automobiles for facilities with twenty (20) or fewer children plus one (1) additional vehicle for each additional ten (10) children served.
D. Access to an arterial or collector street is required or access shall be provided in a manner that does not cause heavy traffic on residential streets.
E. All outdoor play areas shall be enclosed by a fence or wall a minimum of five feet in height, except that a minimum six (6) foot high wall, solid wood fence, or chain link fence planted with a continuous evergreen screen shall be provided around all outdoor play areas abutting a residential property.
F. Use of outdoor play areas shall be limited to between the hours of 8:00 a.m. and 8:00 p.m.
G. The Zoning Administrator has the power to require additional fencing, screening and/or other measures deemed necessary to protect the health, safety and welfare of children using daycare centers in commercial, industrial, or other high hazard areas, or to deny a request to locate a facility in such areas based on health and safety considerations.
(18) Drive-In, Fast-Food and Carry-Out Restaurants.
A. All points of entrance or exit should be located no closer than one hundred (100) feet from the intersection of two arterial thoroughfares, or no closer than fifty (50) feet form the intersection of an arterial street and a local or collector street.
B. No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway, and no lighting shall shine directly on adjacent properties.
C. There shall be two (2) separate driveways located along the frontage(s) providing both ingress and egress to and from the property. These separate driveways shall have a minimum distance of twenty (20) feet between them, and shall not exceed forty (40) feet in width at the curbline, nor thirty (30) feet in width at the property line. No such driveway shall be located closer than twenty-five (25) feet to an adjacent property line in a Residential District, nor ten (10) feet to an adjacent property line in any other Zoning District; and on corner lots, shall not be located closer than forty (40) feet to an adjacent intersection.
D. Wherever feasible, the applicant is encouraged to design and construct a common service drive to accommodate individual access drives within the development. When located upon an arterial thoroughfare, the Planning Commission may require such service drives by construction or performance bonds in lieu of such construction be presented to the Municipality of Brookville prior to the issuance of a building permit for the proposed structures.
E. All permitted installations shall be kept in a neat and orderly condition so as to prevent injury to any single property, any individual, or to the community in general.
F. A setback of fifty (50) feet shall be provided along the entire perimeter of the development, except where it adjoins a Business or Industrial District in which case setback and screening requirements shall be at the discretion of the Planning Commission. Where situated adjacent to a residentially zoned area, a minimum of twenty (20) feet along the exterior property line shall be planted with evergreen shrubs not less than four (4) feet in height at the time of planting. Open storage, service, and loading areas shall be screened by walls, fences, or other enclosures at least six (6) feet in height. These walls, fences, or enclosures shall have an opaqueness of a seventy-five (75) percent or more. Screening facilities shall not obscure traffic visibility within fifty (50) feet of an intersection.
Said sight-proof screening provisions shall appear on the site plan submitted for a building permit, and shall be physically constructed when the business is occupied. These screening requirements may be waived if business is effectively screened by natural topography. The Planning Commission shall determine by whatever means it deems necessary to make such determination, and grant such relief from this standard in writing to the proposed user of the land.
G. Parking may be located in the front yard in the case of fast foods or carry-out restaurants only.
(19) Drive-In Theater.
A. The lot location shall be such that at least one (1) property line abuts a major thoroughfare and shall be at least one thousand (1,000) feet from any residentially zoned district.
B. The premises shall be enclosed with a solid screen fence seven (7) feet in height.
C. All points of entrances or exit shall be located no closer than 250 feet to any intersection (as measured to the nearest intersection right-of-way line).
D. The interior of the premises shall be designed with respect to lighting, drainage and like, to the satisfaction of the Planning Commission.
E. Space shall be provided, on-premises, for a reasonable amount of waiting vehicles to stand at the entrance to the facility.
F. The theater screen shall not face, directly, or obliquely by less than 75 degrees, a major thoroughfare.
G. Acceleration and deceleration lanes shall be provided at points of public ingress and egress to the site.
H. Individual loudspeakers for each car shall be provided and no central loudspeaker shall be permitted.
I. Exits and aisles and passageways leading to them shall be kept adequately lighted at all times when open to the public. Artificial lights shall be provided whenever natural light is in inadequate.
(20) Elderly Housing.
A. In any zone where authorized, housing and related facilities for elderly or handicapped persons may be permitted upon a finding by the Planning Commission that:
1. The proposed use will not produce adverse effects on the use or development of the surrounding area because of noise, traffic, type of physical activity, or any other reason.
2. The site has adequate accessibility to transportation, medical service, shopping areas, recreational and other community services frequently desired by elderly and handicapped persons.
3. The site is reasonably well protected from excessive noise, air pollution, and other harmful physical influences.
B. The following development standards shall apply:
1. Minimum area of lot shall be one and one-half acres, except in areas in close proximity to the Community Center and provided that in no case shall the minimum lot area be less than that specified in the zone in which the land is classified.
2. Minimum setbacks and lot coverage shall be as specified for the zone.
3. The Planning Commission may permit a greater height than specified in the zone provided that the height in a single family zone shall not exceed 50 feet, unless an additional setback of one foot is provided for each additional foot of height above 50 feet.
4. Maximum density shall be as follows:
a. One residential unit per three thousand (3,000) square feet of net lot area in the R-2 District.
b. One residential unit per one thousand five hundred (1,500) square feet of net lot area in the R-3 District.
5. Ancillary facilities, such as dining rooms, workshops, and retail stores serving exclusively the occupants of the building may be included if loading areas serving these facilities are not visible from any property line and if there is no exterior announcement or other evidence of retail facilities.
(21) Extraction Activities.
A. The applicant shall secure a permit from the Ohio Department of Natural Resources, Division of Reclamation, in addition to any requirements imposed herein. Such permit shall be secured by the applicant prior to the granting of a special use certificate by the Planning Commission.
B. An application for such operation shall set forth the following information: (1) name of the owner or owners of land from which removal is to be made; (2) name of the applicant making requires for such permit; (3) name of the person or corporation conducting the actual removal operation; (4) location, description, and size of the area from which the removal is to be made; (5) location of processing plant to be used; (6) type of resources or materials to be removed; (7) proposed method of removal and whether or not blasting or other use of explosives will be required; (8) description of equipment to be used; and (9) method of rehabilitation and reclamation of the mine area. Applications shall be submitted and hearings shall be conducted in the manner set forth in Section 4.11 of the City Charter.
C. The applicant must demonstrate that such operations will not be detrimental to the vicinity or surrounding properties.
D. All equipment used in these operations shall be constructed, maintained, and operated in such a manner as to eliminate so far as practical, noise, vibration, or dust which would injure or annoy persons living in the vicinity.
E. No mining, quarrying, gravel or sand extraction, or stockpile shall be permitted nearer than fifty (50) feet to the boundary of the property being utilized for such use, or such greater distance as specified by the Board of Zoning Appeals where such is deemed necessary for the protection of adjacent property. Such distance requirements may be reduced to twenty-five (25) feet by written consent of the owner or owners of abutting property.
F. In order to insure adequate lateral support, all sand and gravel excavations shall be located at lest one hundred (100) feet, or backfilled to at least one hundred fifty (150) feet, and all quarrying or blasting shall be located at least fifty (50) feet from the right-of-way line of any existing or platted street, road, highway, or railway, except that such excavation or quarrying may be permitted within these limits to the point of reducing the ground elevation to the grade of the existing or platted street, road, highway, or railway.
G. Whenever the floor of a mine or quarry is more than five (5) feet below the average grade of the highway, road, street, or land adjacent thereto, the property containing such quarry shall be completely enclosed by a barrier consisting of not less than a six (6) foot mound of earth planted with suitable dense planting or other suitable material sufficient in either case to prevent persons from trespassing thereon or passing through. Such mound shall be located at least twenty-five (25) feet from any street, road, highway, or boundary of the quarry property. Fencing or other suitable barrier shall be erected and maintained around the entire site or portions thereof where, in the opinion of the Board of Zoning Appeals, such fencing or barrier is necessary for the protection of the public safety and shall be of a type specified by the Board.
H. All quarrying, blasting, drilling, or mining shall be carried out in a manner and on such scale as to minimize dust, noise, and vibrations and to prevent adversely affecting the surrounding properties.
I. All means of access to the property from any street shall be so located and designed as to avoid the creation of dangerous or otherwise undesirable traffic conditions and so as to avoid the routing of vehicles to and from the property over streets that primarily serve abutting residential development.
J. All work conducted in connection with such operations shall be done between the hours of 7:30 a.m. and 5:00 p.m.
K. When any quarrying has been completed, such excavated areas shall either be left as a permanent spring-fed lake if such lake has an average depth of twenty (20) feet or more, or the bottom floor thereof shall be leveled to prevent the collection and stagnation of water and to provide proper drainage without excessive soil erosion, and said floor shall be covered with soil of adequate thickness for the growing of turf or other ground cover. The edge of such excavation shall be further protected by construction of a barrier consisting of not less than a six (6) foot mound of earth planted with a double row of multiflora rose bushes or other equally effective planting.
L. The banks of all excavations not backfilled shall be sloped to the water line at a grade of not less than three (3) feet horizontal to one (1) foot vertical, and such banks shall be sodded or surfaced with at least six (6) inches of suitable soil and seeded with grass. Spoil banks shall be graded to a level suiting the existing terrain and planted with trees, shrubs, legumes, or grasses where revegetation is possible. Where flood water exists, spoil banks shall be high enough to prevent overflow of water in the gravel pits and shall be sloped, graded, and seeded as prescribed herein.
M. All equipment and structures shall be removed from the mined area when all mining has been completed.
N. There shall be filed with the Municipal Clerk a bond, payable to the Municipality and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The rate of the required bond shall be fixed by ordinance of the Municipal Council. The bond shall be released upon written certification of the Zoning Inspector that the restoration is completed and in compliance with the restoration plan.
(22) Funeral Homes and Mortuaries.
A. The property and building shall conform to the following:
1. The percentage of lot covered by buildings shall not exceed fifteen percent.
2. Minimum lot area, one acre.
3. Minimum front yard setback, seventy-five feet.
4. Minimum side yard setback, twenty-five feet each side.
5. Minimum rear yard setback, twenty-five feet.
6. Building height limit, same as specified in the applicable zone.
7. Minimum frontage at the building line, one hundred feet.
B. All hearses, limousines, and other related business vehicles shall be stored within an enclosed building when not in use.
C. The following additional requirements shall also be met: Special conditions, such as provisions for additional fencing or planting or other landscaping, additional setback from property lines, location and arrangement of lighting and other reasonable requirements deemed necessary to safeguard the general community interest and welfare, as may be invoked by the board as requisites to the grant of a special use.
(23) Gaming Arcades.
A. Gaming arcades shall be located no closer than one-half mile from any elementary, junior, or senior high school; no closer than 500 feet of any church, no closer than 300 feet of any bar, tavern, or cocktail lounge.
B. Minimum lot area shall be 10,000 square feet.
C. All structures shall conform with the lot and screening requirements of the respective zoning district in which located and shall conform to the following when located adjacent to a residential structure: all structures shall be located at least fifty (50) feet from any residential property, and a solid fence, wall or hedge six (6) feet in height shall be provided on any side of the site adjacent to a residential property.
D. Access shall be from an arterial or a commercial collector street, or shall be provided in a manner that does not cause excessive traffic on residential streets.
E. No game arcade shall be open for business except between the hours of 10:00 a.m. and 10:00 p.m. on Sundays through Thursdays; and between the hours of 10:00 a.m. and 12:00 midnight on Fridays and Saturdays. Except that no person under 18 years of age may enter, be, or remain in any part of a game arcade during such times as the Brookville School System is conducting its regular education program.
F. Such activities shall be conducted entirely within an enclosed building.
G. Gaming arcades shall have an adult who is twenty-one (21) years of age or older on the premises and supervising at all times the activities within the arcade during all hours of operation.
(24) Home Occupations.
A. General provisions.
1. A home occupation shall be permitted when said occupation conducted on residentially used premises is considered customary and traditional, incidental to the primary use of the premises as a residence, and not construed as a business.
2. Permitted home occupations shall be of a personal service nature limited to domestic crafts and professional service, including but not limited to:
a. Such domestic crafts as dressmaking, millinery, sewing, weaving, tailoring, ironing, washing, custom home furnishings work, carpentry work and furniture repair.
b. Such professions as law, medicine, architecture, engineering, planning, real estate, insurance, notary public, manufacturer's agent, clergy, writing, painting, photography, and tutoring; provided, however, the service is limited to advice and consultation and the premises are not used for the general practice of the profession.
3. For purposes of this ordinance, real estate and insurance offices, clinics, doctors' offices, barber shops and beauty parlors, dress shops, millinery shops, tourist homes, animal hospitals, and kennels, trailer rentals, among others, shall not be deemed to be permitted home occupations unless such home occupations meet the requirements of this section.
4. Permitted home occupations shall be subject to all the regulations of the applicable zone district.
5. Permitted home occupations shall not affect adversely the residential character of the zone district or interfere with the reasonable enjoyment of adjoining properties.
B. Standards.
1. The primary use of the structure or dwelling unit shall remain residential and the operator of the home occupation shall remain a resident in the dwelling unit.
2. The operator conducting the home occupation shall be the sole entrepreneur, and he shall not employ any other person other than a member of the immediate family residing on the premises.
3. No structural additions, enlargements, or exterior alterations changing the residential appearance to a business appearance shall be permitted.
4. No more than 25 percent of the floor area of any one story of the dwelling unit shall be devoted to such home occupations.
5. Such home occupations shall be conducted entirely within the primary building or dwelling unit used as a residence.
6. No additional and separate entrance incongruent with the residential structural design shall be constructed for the purpose of conducting the home occupation.
7. No provision for extra off-street parking or loading facilities, other than the requirements and permitted facilities of the zone district, shall be permitted. No part of a minimum required setback distance shall be used for off-street parking or loading facilities, and no additional driveway to serve such home occupations shall be permitted.
8. No display of goods or external evidence of the home occupation shall be permitted, except for one non-animated, non-illuminating non-flashing announcement plate, indicating not more than the name and address of the resident. Said plate shall be attached flat against the wall of the residence and shall not exceed one (1) square foot in total surface area.
9. No stock in trade or commodation, other than those prepared, produced, or created on the premises by the operator of the home occupation, shall be kept or sold on the premises.
10. No electrical or mechanical equipment shall interfere with local radio communications and television reception, or cause fluctuation in line voltage off the premises, or violate the general performance standards of Section 1155.01.
(25) Hospitals.
A. Minimum lot size shall be five (5) acres or fifteen hundred (1,500) square feet per bed, whichever is greater.
B. Minimum frontage shall be two hundred (200) feet.
C. Setback. No portion of a building shall be nearer to the lot line than a distance equal to the height of that portion of the building, where the adjoining or the nearest adjacent land is zoned single-family detached residential or is used solely for single-family detached residences, and in all other cases not less than fifty feet from a lot line.
D. Off-street parking shall be located so as to achieve a maximum of coordination between the proposed development and the surrounding uses and a maximum of safety, convenience and amenity for the residents of neighboring areas. Parking shall be limited to a minimum in the front yard. Subject to prior Board approval, a hospital may charge a reasonable fee for the use of off-street parking. Green area shall be located so as to maximize landscaping features, screening for the residents of neighboring areas and to achieve a general effect of openness.
E. Access shall be from an arterial street.
F. The Board or the applicant shall request a recommendation from the Commission with respect to a site plan, submitted by the applicant, achieving and conforming to the objectives and requirements of this subsection for off-street parking and green area.
G. Building height limit, sixty-five (65) feet.
H. A resolution by the Health Services Planning Board approving the establishment of the hospital shall be filed with the petition for a special use.
(26) Mobile Food Vendors and Mobile Produce Vendors.
A. Mobile Food Vendor is defined as a person who sells retail food or beverages to the public from any temporary structure or push cart, mobile kitchen, hot dog cart, pretzel wagon, or similar use which is designated to be readily movable and is located on a property within the boundaries of the City. Mobile Produce Vendor is defined as a person who sells vegetable and/or fruit produce from any temporary structure or mobile wagon, cart or vehicle which is designated to be readily movable and is located on a property within the City of Brookville.
B. Mobile Food Vending and Mobile Produce Vending shall be a Special Use in the CC, GB, HS, I-1 and I-2 zoning districts subject to the following conditions:
1. The Planning Commission shall approve the location of the mobile food vendor or mobile produce vendor, and the mobile food vendor or mobile produce vendor shall operate from the approved location during the term of the Permit. The Planning Commission may approve a location that is within the zoning district, including an improved lot that has an existing business located and operating on said improved lot. The Planning Commission may approve a location on property owned by the City of Brookville, but the Planning Commission shall not approve a location within a city park. Planning Commission may also designate certain locations in the City as approved locations for mobile food vendors or mobile produce vendors, and authorize the Zoning Enforcement Officer to approve permits for mobile food vendors or mobile produce vendors that will be located in these approved locations and that are in compliance with the regulations set forth in this ordinance.
2. An approved Special Use Permit for a mobile food vendor or mobile produce vendor shall expire one (1) year from the date of issuance.
3. A mobile food vendor or mobile produce vendor shall be licensed and fully comply with all applicable laws, and failure to be licensed or to comply with all applicable laws shall be grounds for immediate termination of the Special Use Permit by the Zoning Enforcement Officer. The applicant shall provide a copy of all required licenses for food service to the Zoning Enforcement Officer prior to the issuance of a Zoning Permit.
4. The owner of the property where the mobile food vendor or mobile produce vendor is located shall consent in writing to the location of the mobile food vendor or mobile produce vendor on their property.
5. No mobile food vendor or mobile produce vendor shall be located on an unimproved vacant lot.
6. The Planning Commission shall determine that there is adequate parking on the property where the mobile food vendor or mobile produce vendor is located or there is public parking immediately adjacent to the property where the mobile food vendor or mobile produce vendor is located to insure public safety for patrons of the mobile food vendor or mobile produce vendor.
7. These regulations do not apply to mobile food vendors or mobile produce vendors that supply food, beverages, or produce during any special public or charitable event that does not exceed five (5) consecutive days in duration.
(Ord. 2017-08. Passed 9-19-17.)
(27) Motels.
A. Any lot to be used for a motel or hotel shall be at least two (2) acres in area and shall contain at least one thousand (1,000) square feet per sleeping unit.
B. All structures shall be located at least thirty-five (35) feet from any residential property, and a solid fence, wall or hedge six (6) feet in height shall be provided on any side of the site adjacent to a residential property.
C. Access shall be from an arterial street or commercial collector or shall be provided in a manner that does not cause heavy traffic on residential streets.
(28) Nursing Homes, Convalescent Homes (other than those facilities regulated by provisions under (16)).
A. Minimum lot size shall be two (2) acres.
B. The lot location shall be such that at least one (1) property line abuts a collector street, secondary thoroughfare or major thoroughfare. The ingress and egress for off-street parking areas for guests and patients shall be directly from said thoroughfare.
C. The main and accessory buildings shall be setback at least seventy-five (75) feet from the front property line, providing a minimum of twenty (20) foot side yards on both sides.
D. The facility shall be designed to provide a minimum of five hundred (500) square feet of open space for every bed used or intended to be used. This open space shall include landscaping and may not include off-street parking areas, driveways, required yard setbacks and accessory uses.
(29) Riding Academies, Stables.
A. Minimum lot area shall be 10 acres.
B. Minimum setback lines for any structures, pens or corrals housing animals shall be 200 feet from an adjoining property line, except where animals are kept in soundproof air conditioned buildings, in which case the required setback line is 100 feet.
C. Fencing shall be provided adequate to enclose the activities therein, and landscape screening shall be provided whenever such use abuts a residential zone district.
D. Sanitation facilities shall be approved by the local Health District.
(30) Sanitary Landfill.
A. The applicant must secure both a permit and an operating license from the Ohio Department of Health.
B. The sanitary landfill site shall have adequate access onto a hard surfaced state highway, or county or Municipal road, that is regularly maintained.
C. The sanitary landfill site shall be a minimum distance of:
1. One thousand (1,000) feet from any state highway frontage.
2. One thousand five hundred (1,500) feet from any residence.
3. One thousand (1,000) feet from any Residential District.
D. The sanitary landfill site shall be properly screened for vector control so that refuse does not spill over onto adjacent property.
(31) Schools.
A. For the purposes of this section, schools are deemed to include public and private schools. Accessory uses and buildings necessary for the carrying out of the school program are permitted.
1. Elementary schools: five acres for 200 pupils or less, plus one acre for each additional 100 pupils of maximum anticipated enrollment; provided, however, if an elementary school is located contiguous to a public park or other public open space of a perpetual nature of at least five (5) acres and the responsible agencies, therefore, have provided for the continuing joint usage of both the school and the open space, then the minimum lot area for such elementary school shall be three acres for 200 pupils or less, plus one acre for each additional 100 pupils of maximum anticipated enrollment.
2. Junior high school: ten acres for 300 pupils or less, plus one acre for each additional 100 pupils of maximum anticipated enrollment.
3. High school: twelve acres for 300 pupils or less, plus one acre for each additional 100 pupils of maximum anticipated enrollment.
B. Location. An elementary school site shall be located with at least 200 feet of frontage on a street designed as a collector street or higher. Junior high and high schools shall be located with at least 200 feet of frontage on a street designated as a secondary arterial or higher.
C. Minimum setback lines of at least 50 feet shall be provided along all street right-of-way lines and adjoining property lines.
(32) Small Lot Single Family Dwelling.
A. Minimum lot area shall be 5,000 square feet.
B. Minimum lot width shall be 60 feet.
C. Minimum front yard shall be 25 feet.
D. Minimum rear yard shall be 30 feet.
E. Minimum side yard width on each side shall be 6 feet.
F. All other standards shall be as provided within the respective zoning district in which the site is located.
(33) Towers, Radio, Television, Telecommunications, Transmission Lines (69,000 volts or over).
A. Evidence shall be submitted that such facilities are in compliance with applicable state and federal regulations.
B. Minimum lot area shall be adequate for the uses contemplated.
C. In no instance shall a transmission and/or receiving tower extend higher than two (2) times the distance between such structure and any lot line of the parcel or tract upon which such structure is located.
D. Distance of any guy anchorages from an adjoining property line shall be at least 25 feet.
E. Fencing and landscape screening shall be provided enclosing storage areas, treatment areas, guy anchorages, high voltage or other danger producing equipment or structures.
F. The Planning Commission shall consider the following when ruling upon a request for distribution lines in excess of sixty-nine thousand volts:
1. The proposed use does not have an unduly adverse effect on the general plan for the physical development of the district as contained in any master plan or portion thereof adopted by the Commission;
2. The proposed use will not affect adversely the health and safety of residents or workers in the area;
3. There is a public necessity for the proposed building, structure of facility at the location selected; and
4. The proposed use will have the least possible detrimental effect to the use or development of adjacent properties or the general neighborhood.
G. In making such findings, the Board shall consider the following factors, and such other factors as the Board may find to be necessary or important to effectuate its review:
1. Points at which the proposed line crosses heavily traveled highways or streets, or other arteries of transportation, either existing or proposed;
2. Proximity of the line to schools, churches, theatres, clubs, museums, fair grounds or other places of assembly, either existing or proposed;
3. The amount and probability of low-level flying over the line and nearness of the line to airports and/or heliports, either existing or proposed;
4. Any fire hazard or interference with fire fighting equipment due to the location and construction of the proposed line;
5. Proximity of the line to public parks and recreational areas, either existing or proposed;
6. Effect upon property values of those who will not be compensated for a taking under the laws of the state;
7. The effect upon environmental quality and ecological balance of protected watersheds, planned open space between corridors of development and green belt areas surrounding satellite community development;
8. Proximity of the line to historic sites and structures.
(34) Wireless Telecommunication Facilities.
A. Wireless Telecommunication Facilities shall be subject to the provisions of Chapter 1169 of the Code of Ordinances.
(35) Townhouses.
A. Minimum lot area shall be 3,000 square feet per unit.
B. Minimum front yard shall be 20 feet.
C. Minimum rear yard shall be 35 feet.
D. A minimum of 15 feet shall be maintained between principle structures.
E. There shall be no continuous structure of townhouses containing more than six dwelling units side by side.
F. All other requirements as specified for multi-family structures.
(36) Transitional Parking Lots (serving commercial uses within residentially zoned areas).
A. Substantiation must be demonstrated that such a parking facility is necessary for the public convenience and will not have an adverse effect on adjacent properties.
B. All yard, construction and screening requirements of Section 1159.03 must be complied with.
C. Access drives shall be located so as not to contribute to increased traffic flow upon adjacent residential streets.
(37) Two-family Dwelling.
A. Minimum lot area shall be 9,000 square feet.
B. Minimum lot width shall be 80 feet.
C. Minimum front yard shall be 25 feet.
D. Minimum rear yard shall be 40 feet.
E. Minimum side yard width on each side shall be 8 feet.
F. All other standards shall be as provided within the respective zoning district in which the site is located.
(38) Zero Lot Line Residences.
A. Minimum lot area - 3,500 square feet per dwelling.
B. Minimum lot width - 40 feet.
C. Minimum front setback - 10 feet from street right-of-way line regardless of whether this front setback is part of an individual lot or part of the common open space.
D. Minimum side setback - none except that there shall be a minimum clearance of 20 feet between buildings.
E. Minimum rear yard depth - none except that there shall be a minimum clearance of 20 feet between buildings.
F. Maximum height - 35 feet or 2 1/2 stories.
G. Maximum lot coverage - 75 percent of the lot area.
H. Zero lot dwellings shall be constructed against the lot line on one side of the lot and no windows, doors, or other opening shall be permitted on this side unless the zero line abuts plazas, parks, malls, or other permanent public open green space in which case openings shall be permitted. Where adjacent zero lot line dwellings are not constructed against a common lot line, the builder or developer must provide for a perpetual wall maintenance easement of 5 feet in width along the adjacent lot and parallel with such wall.
I. An attached or detached garage or carport may abut a side property line or another structure, provided no openings are located on the abutting surfaces.
(39) The following standards and criteria shall apply to special uses in any Residential District not previously listed within Specific Standards:
A. The location and size of the use, the nature and intensity of the operations involved in or conducted within it, its relation to streets giving access to it shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection with it will not be hazardous, inconvenient, or conflict with the normal traffic on residential streets, both at the time and as the same may be expected to increase with any prospective increase in the population of the area, taking into account convenient routes of pedestrian traffic, particularly of children, in relation to main traffic, thoroughfares and to street intersections, and the general character and intensity of development of the area.
B. The location and heights of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(40) The following standards and criteria shall apply to special uses in any Commercial or Industrial District not previously listed within Specific Standards:
A. The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its size layout and its relation to streets giving access to it shall be such that vehicular traffic to and from the use will not be more hazardous than the normal traffic of the district, both at the time and as the same may be expected to increase with increasing development of the Municipality taking into account vehicular turning movements in relation to routes of traffic flow, relation to street intersections, sight distances, and relation to pedestrian traffic.
B. The nature, location, size, and site layout of the use shall be such that it will be a harmonious part of the business or industrial district in which it is situated, taking into account prevailing shopping habits, convenience of access by perspective patrons, the physical and economic relationships of one type of use to another, and characteristic groupings of uses in a commercial or industrial district.
(Ord. 1987-05. Passed 8-4-87; Ord. 2005-09. Passed 11-15-05; Ord. 2010-06. Passed 8-3-10; Ord. 2014-07. Passed 9-16-14.)