Subsection (a) hereof comprises a list of uses which are conditionally permitted in certain zoning districts along with the specific conditions which apply to their approval, included in subsection (b) hereof. Unless otherwise specified in subsection (b) hereof, the minimum regulations for a conditionally permitted use shall be the same as the principal permitted use in the district regulations outlined in Chapter 1141.
Subsections (c) through (i) hereof contain the conditions for approval of specific conditionally permitted uses which were not included in subsections (a) and (b) hereof.
(a) Conditions for Approval of Conditionally Permitted Uses.
Conditionally Permitted Uses | Zoning District Location | Conditions for Approval |
Animal hospitals, veterinary
clinics and kennels
| B-2 | 1151.01(b)(1)C.,(5),(7) |
Automobile body shops | M-1 | 1151.01(b)(1)A.,(5),(7) |
Bed and Breakfast | R-0 | 1151.01(b)(1)(A)(2)(A), (5), (6), (7), (8) |
Building and related trades | B-2 | 1151.01(b)(5), (6), (7) |
Cemeteries | A-1 | 1151.01(b)(1)C., (2)A.,(6), (7) |
Commercial Recreation | B-2, B-3 | 1151.01(b)(1)C, (2)(A)(4),(5), (6), (7) |
Drive-in and carry-out restaurants | B-2 B-3 | 1151.01(b)(1)A., (2)B., (5),(6),(7) |
Fraternal lodges and private clubs | R/O | 1151.01(b)(1)A.,(2)A.,(5), (6), (7) |
Funeral homes and mortuaries | R/O | 1151.01(b)(1) C., (2)B., (5), (6) |
Gas and Oil Drilling | Sm M-1 | 1151.01(h) |
Human hospitals, clinics | O | 1151.01(b)(1)C.,(2)C.,(5), (6), (7) |
Motels | B-2, B-3 | 1151.01(b)(1)A.,(2)A.,(5),(6),(7) |
Nonresidential off-street parking | R/O, O, B-2,B-3 | 1151.01(b)(1)C.,(2)B.,(5), (6),(7) |
Restaurants, sit-down | O | 1151.01(b)(1)D.,(2)B.,(5), (6), (9), (10) |
Storage, inside | B-2, B-3 | 1151.01(b)(1)C., (2) A., (5), (6), (7) |
Theaters | B-1, B-3 | |
(Ord. 2001-12. Passed 3-7-01; Ord. 2010-25. Passed 5-19-10.)
(b) Specific Prior Conditions for Approval.
(1) Minimum lot area:
A. One acre
B. Three acres
C. 9,000 sq. ft.
(2) Minimum yards (feet):
Front | Side(ea.) | Rear | |
A. | 40 | 20 | 50 |
B. | 25 | 10 | 25 |
C. | 40 | 40 | 40 |
(3) Outdoor artificial lighting shall be approved by the Board of Appeals.
(4) Landscape development plan shall be submitted with application, including quantities, sizes and variations of landscaping.
(5) Twenty-five foot distance between parking area and adjacent residential use.
(6) Major street must be adequate to carry additional traffic generated by use.
(7) Two principal entrances and/or exits from major street.
(Ord. 1973-44. Passed 12-18-73.)
(1) Compliance with Subsection (b)(5)above. (Ord. 2018-16. Passed 6-20-18.)
(2) 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.
(3) 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 an R District.
(4) The following hard-surfaced, dust-free, off-street parking shall be provided:
A. Three waiting spaces for each car washing device or stall; or ten off-street waiting spaces for an assembly line type washing establishment where vehicles await entrance to the washing process.
B. Two employee parking spaces for every three employees.
C. Two parking spaces at the exit end of each washing bay for drying and hand finishing of vehicles.
(5) A hard-surfaced exit drive not less than forty feet in length shall be provided between the exit doors and the street.
(6) Mechanical drying equipment and/or hand drying of motor vehicles must be performed on the premises.
(7) A solid fence, wall or hedge six feet high shall be required when an automobile car wash is adjacent to an R District.
(d) Automobile Service Stations. Automobile service stations doing only minor repair work, tune-ups and other similarly related services and activities are conditionally permitted in the B-2 General Commercial District or B-3 Highway Commercial District provided they meet the requirements specified in Sections 1141.14 and 1141.15 and the following outlined conditions for approval:
(1) That the activities carried out at the station are limited to the selling, and dispensing of petroleum fuel primarily to passenger vehicles, and to such accessory uses as the sale and installation of lubricants, tires, batteries, accessories and supplies, minor repairs, and incidental washing and polishing. No outdoor dismantling, wrecking or storage of automotive vehicles, parts or accessories shall be permitted. No overnight, outdoor storage or rental of trucks, trailers or passenger vehicles shall be permitted.
(2) The applicant shall submit a site development plan with the application for a conditional use permit which satisfies the following requirements:
A. The minimum lot size shall be one-half acre.
B. The minimum frontage shall be 120 feet.
C. There shall be two separate driveways located along the frontages providing both ingress and egress to and from the property. These separate driveways shall have a minimum distance of twenty feet between them; and, shall not exceed thirty feet in width at the curbline, nor twenty-four feet in width at the property line. No such driveway shall be located closer than twenty-five feet to an adjacent property line in an R-Zoning District, nor ten feet to an adjacent property line in any other zoning district; and on corner lots shall not be located closer than thirty feet to the intersection of the right-of-way lines of the two streets.
D. All automobile service station buildings shall have a minimum front yard of sixty feet, and all gasoline pumps shall be set back a minimum distance of thirty feet from the front property line.
E. All hydraulic lifts, oil pits and all lubricants, greasing, automobile washing and repair equipment shall be enclosed entirely within the automobile service station building.
F. A fifteen foot planting area shall be provided along all street frontage, exclusive of required driveways. Such required planting areas shall be planted in grass and/or landscaped and shall be maintained in good condition by the owner.
G. The entire lot area, exclusive of the area covered by the service station building, required driveways, and all required planting areas, shall be paved. All landscaped areas shall be separated from all paved areas by a six inch high curb.
H. The light from the exterior lighting shall be so shaded, shielded or directed that the light intensity or brightness shall not be objectionable to surrounding areas.
I. A twenty-five foot wide landscaped grass buffer, planted with an evergreen hedge or evergreen shrubs at least six feet in height or a solid fence or wall shall be provided along property lines which are adjacent to an R District. The hedge and/or shrubs shall be planted not closer than twenty feet to the common property line, and the entire landscaped area shall be maintained in good condition.
J. No outdoor disassembly or repair of motor vehicles shall be permitted. Storage of rental trucks, trailers or passenger vehicles shall not be permitted in the front yard.
(e) Automobile Service Stations and Repair Garages. Automobile service stations and repair garages are conditionally permitted in the B-2 and B-3 Commercial Districts provided they meet the following outlined conditions for approval:
(1) The applicant shall submit a site development plan with the application for a conditional use permit which satisfies the following requirements:
A. The minimum lot size shall be one-half acre.
B. The minimum frontage shall be 120 feet.
C. There shall be two separate driveways located along the frontage providing both ingress and egress to and from the property. These separate driveways shall have a minimum distance of twenty feet between them; shall not exceed thirty feet in width at the curbline, nor twenty-four feet in width at the property line. No such driveway shall be located closer than twenty-five feet to an adjacent property line in an R-Zoning District, nor ten feet to an adjacent property line in any other zoning district; and on corner lots shall not be located closer than thirty feet to the intersection of the right-of-way lines of the two streets.
D. All buildings shall have a minimum front yard of sixty feet; and all gasoline pumps and other similar equipment shall be located a minimum distance of thirty feet from the front property line.
E. A fifteen foot planting area shall be provided along all street frontage(s) exclusive of required driveways. Such required planting areas shall be planted in grass and/or landscaped and shall be maintained in good condition by the owner.
F. All hydraulic lifts, oil pits and all lubricants, greasing, automobile washing and repair equipment shall be enclosed entirely within a building.
G. The entire lot area, exclusive of the area covered by the building, required driveways, and all required planting areas, shall be paved. All landscaped areas shall be separated from all paved areas by a six inch high curb.
H. The light from the exterior lighting shall be so shaded, shielded or directed that the light intensity or brightness shall not be objectionable to surrounding areas.
I. A twenty-five foot wide landscaped grass buffer, planted with an evergreen hedge or evergreen shrubs at least six feet in height shall be provided along property lines which are adjacent to an R District. The hedge and/ or shrubs shall be planted not closer than twenty feet to the common property line, and the entire landscaped area shall be maintained in good condition.
J. All signs shall be in conformance with the sign ordinance in effect at the time the conditional use permit is authorized.
K. No outdoor disassembly or repair of motor vehicles shall be permitted.
Storage of rental trucks, trailers or passenger vehicles shall not be permitted in the front yard.
(Ord. 1973-44. Passed 12-18-73.)
(g) Home Occupations. Home occupations are conditionally permitted in all residential districts, provided they meet the requirements specified in the applicable sections of Chapter 1141
, and the following outlined conditions for approval:
(1) There shall be no change in the outside appearance of the dwelling unit or other visible evidence of the home occupation on the premises.
(2) None of the activities related to the home occupation shall be permitted in any accessory building.
(3) No equipment or process shall be used in connection with the home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot.
(4) No equipment or process shall be used in connection with the home occupation which creates visible or audible interference in any radio or television reception, or which causes fluctuations in line voltage off the premises.
(5) No traffic shall be generated by the operation of the home occupation which is significantly greater than the traffic volumes normally expected in the relevant neighborhood.
(6) No person or persons other than individuals residing on the premises shall conduct activities in furtherance of the home occupation.
(Ord. 1996-06. Passed 2-7-96.)
(7) The use of the dwelling unit or premises must be clearly incidental and subordinate to the use for the residential purposes by its occupants. The dwelling unit to be utilized for the home occupation must be the domicile of the applicant. For purposes of this section, domicile shall mean the residence where the applicant has their permanent home and to where, whenever absent, the applicant intends to return.
(Ord. 2005-31. Passed 11-16-05.)
(h) Resource and Mineral Extraction. Resource and mineral extraction operations are conditionally permitted in the M-1 Manufacturing District and S Special District, provided they meet the requirements specified in the following outlined conditions for approval:
(1) The applicant for a conditional use permit to operate a mineral extraction operation must demonstrate that such operations will not be detrimental to the vicinity or surrounding properties.
(2) 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.
(3) No mining, quarrying or gravel or sand extraction shall be permitted nearer than 200 feet to the boundary of the property being utilized for such use.
(4) In order to insure adequate lateral support, all sand and gravel excavations shall be located at least 100 feet from and be back filled to at least 150 feet, and all quarrying or blasting shall be located at least 200 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 or highway.
(5) All excavations of gravel or sand shall either be made to a water-producing depth, plus five feet or graded and/or back filled with non-noxious and nonflammable solids to assure:
A. That the excavated area will not collect and retain stagnant water; and
B. That the graded or back filled surface will create a gently rolling topography to minimize erosion by wind and rain and substantially conform with the contours of the surrounding area.
(6) The banks of all excavations that are not back filled shall be sloped to the water line at a grade of not less than two feet horizontal to one foot vertical and such banks shall be sodded or surfaced with at least six 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 vegetation is possible. Within areas subject to flooding, or high water, spoil banks shall be high enough to prevent overflow of water into the gravel pits and shall be sloped, graded, and seeded as prescribed herein.
(7) Whenever the floor of a quarry is more than five 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 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 feet from any street, road, highway or boundary of the quarry property.
(8) 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. All abandoned oil and gas wells shall be adequately capped immediately. Permanent means of closing off such wells shall be utilized at such time when the well is no longer used.
(9) When any quarrying has been completed, such excavated area shall either be left as a permanent spring-fed lake if such lake has an average depth of twenty 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 such 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 foot mound of earth planted with some type of bush, hedge or other effective screening and landscaping. All remaining areas shall be returned to original grade, planted in grass and landscaped. (Ord. 1973-44.Passed 12-18-73.)
(10) The reclamation cost shall be determined by the City Engineer: A reclamation bond must be posted prior to starting any resource or mineral extraction operations. The reclamation bond shall be 100% of reclamation cost. (Ord. 1979-62. Passed 11-20-79.)
(i) Community or Private Recreation Club Swimming Pools. Community or private recreation club swimming pools are conditionally permitted in the R-1, R-2, R-3, R-4 and R-5 Residential Districts provided that the pool is intended only for the use and enjoyment of residents of the Municipality or members of an association or club.
The applicant shall submit a site location map with the application for a conditional use permit showing that the proposed site meets the following outlined conditions for approval:
(1) The site shall contain a minimum of three acres.
(2) The site shall have adequate access from a major thoroughfare.
(3) All interior drives shall be paved and regularly maintained in good condition.
(4) The pool site, bath house, club house, tennis courts and similar structures shall be located a minimum distance of:
A. 100 feet from any highway or street frontage.
B. 100 feet from any lot in an R District.
(5) The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. The wall or fence shall be at least six feet in height and maintained in good condition, with a gate and lock.
(6) A site development plan which includes information relating to the landscaping of the site and screening of parking and structures shall be submitted with the application for conditional use permit.
(Ord. 1973-44. Passed 12-18-73.)
(j) Structure Conversion to Public or Quasi Public Use for Historical Purposes. Structures in the Historical Preservation Area, as designated on the current Historical Area Map, may be used conditionally by public or quasi-public entities for historical purposes. Such uses may include, but not be limited to, museums or libraries of historic records. The following conditions shall be met before approval:
(1) The Design Review/Historic Preservation Area Review Committee shall certify, in writing, to the Planning Commission that the site/structure has historic significance.
(2) Permitted signs shall be in conformance with Chapter 1183 as in effect at the time the conditional use permit is authorized.
(3) Minimum zoning lot requirements shall be the same as the zoning district in which the structure is located.
(4) A minimum of two off-street parking spaces shall be provided. Permanent surfaced parking spaces shall be determined by the Commission based on lot size, configuration and expected use. All spaces shall be suitably lighted.
(5) Paved traffic lanes, each not less than eight feet in width, shall be provided for both ingress to and egress from the off-street parking area.
(6) Property shall have access to a major thoroughfare.
(7) A resident caretaker may be permitted.
(Ord. 1988-21. Passed 7-7-88.)
(k) Adult Oriented Businesses.
(1) Purpose and Intent. It is the purpose of these provisions to regulate the location of Adult Oriented Businesses in order to promote health, safety and morals and to establish reasonable and uniform regulations.
(2) Definitions.
A. Adult arcade: Any place to which the public is permitted or invited where either or both:
1. Motion picture machines, projectors, video or laser disc players, or
2. Other video or image producing devices are available, run via coin, token, or any other form of consideration, to show images to five or fewer persons at one time;
and where the images shown and/or live entertainment presented are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
B. Adult bookstore, adult novelty store or adult video store: A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; or
2. Instruments, devices or paraphernalia which is designed for use in connection with “specified sexual activities”.
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as Adult Bookstore, Adult Novelty Store, or Adult Video Store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an Adult Bookstore, Adult Novelty Store, or Adult Video Store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
C. Adult cabaret: A nightclub, bar, restaurant, theater, concert hall, auditorium, or other commercial establishment that regularly features:
1. Persons who appear in a state of nudity or semi-nudity;
2. Live entertainment characterized by the exposure of “specified anatomical areas” or the depiction or description of “specified sexual activities” or
3. Films, motion pictures, video cassettes, slides or other photographic reproductions, which are characterized by the depiction or description of “specific sexual activities” or “specific anatomical areas”.
D. Adult motion picture theater: A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
E. Adult theater: A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”.
F. Covering: Any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or makeup, or any substance designed to simulate the appearance of the anatomical area beneath it.
G. Nude model studio: A place where a person who appears semi-nude or nude, or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration.
Nude Model Studio shall not include:
1. A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation;
2. A private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
3. An establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; where in order to participate in a class, a student must enroll at least three days in advance of the class; and where no more than one semi-nude model is on the premises at any one time.
H. Nudity or a State of Nudity or Nude: Exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a full opaque covering; exposing to view male genitals in a discernibly turgid state even if entirely covered by an opaque covering; or exposing to view any device, costume or covering that gives the appearance of or simulates any of these anatomical areas.
I. Principal business purpose: Forty percent (40%) or more of the stock in trade of the business offered for sale or rental for consideration measured as a percentage of either the total linear feet of merchandise for sale or rental for consideration on display or the gross receipts of merchandise for sale or rental for consideration, whichever is greater.
J. Semi-nudity or Seminude Condition or Seminude: Exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other clothing, provided that the areola is not exposed in whole or in part.
K. Sexual encounter center: A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
2. Activities between male and female persons and/or persons of the same sex when one or more of the persons is semi- nude.
L. Adult oriented business: An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio or sexual encounter center.
M. Specified anatomical areas:
1. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
2. Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
N. Specified sexual activities:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or
3. Excretory functions as part of or in connection with any of the activities set forth in subsections (k)(2)N.1. and 2. hereof.
(3) Application. For the purpose of applying these regulations, the following are classified as Adult Oriented Businesses:
A. Adult Arcades;
B. Adult Bookstores, Adult Novelty Stores, or Adult Video Stores;
C. Adult Cabarets;
D. Adult Motion Picture Theaters;
E. Adult Theaters;
F. Nude Model Studios; and
G. Sexual Encounter Centers.
(4) Permitted Locations. Adult Oriented Businesses may be conditionally permitted as provided in Section 1141.15, subject to the following restrictions and limitations:
A. No Adult Oriented Business shall be established within 1,000 feet of a church, synagogue, temple or other place used primarily for religious worship;
B. No Adult Oriented Business shall be established within 1,000 feet of a public or private educational facility, including but not limited to nursery schools, preschools, kindergartens, elementary schools, middle schools, high schools, vocational schools, special education facilities and colleges.
C. No Adult Oriented Business shall be established within 1,000 feet of a public park or recreation area, publicly owned open space, or private recreation facility regularly used for community or publicly sponsored recreation activities.
D. No Adult Oriented Business shall be established within 1,000 feet of another Adult Oriented Business.
For purposes of this subsection, measurements shall be made in a straight line from the nearest edge or portion of the building containing or proposed to contain, the Adult Oriented Business, to the nearest property line of the premises of the use, or uses listed herein, without regard to paths of travel or intervening structures or obstructions.
(5) Product and Activity Displays. All activities associated with an Adult Oriented Business shall be conducted entirely within a completely enclosed building. No products, merchandise, displays or activities shall be placed or conducted outside of the building or in such a manner as to be visible from off the premises.
(Ord. 2009-63. Passed 12-16-09.)
(l) Wind Energy Systems.
(1) This subsection (l) is intended to establish minimum requirements for small wind energy systems, commercial wind energy systems and towers as defined herein.
(2) Definitions.
A. “Total height” means the distance measured from ground level to the blade extended at its highest point or to the top of the tower, whichever is the highest.
B. “Small wind energy system” means a wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics, or similar device, which will be used primarily to reduce on-site consumption of utility power or to create usable energy from wind. A small wind energy system shall not exceed a rated capacity of 50kWh.
C. “Windmill rotor” means that portion of the windmill which includes the blades, hub and shaft.
D. “Windmill tower” means the supporting structure on which the rotor, turbine and accessory equipment are mounted.
E. “Commercial wind energy system” means a wind energy conversion system consisting of more than one wind turbine and tower, a wind energy conversion system which will be used primarily for off-site consumption of power or a wind energy system in excess of 50 kWh.
(3) Applicability. The requirements of this chapter shall apply to all small wind energy systems, commercial wind energy systems or windmill towers proposed after the effective date of this chapter. Any system that has been installed, but not used for two consecutive years, may not be subsequently used without meeting the requirements of this chapter. No pre-existing system shall be altered in any manner that would increase the degree of non-conformity with the requirements of this chapter and no alterations shall be made to a non-conforming, pre-existing system during its life which exceeds fifty percent (50%) of its fair market value. If such system is destroyed or damaged to the extent of more than fifty percent (50%) of its fair market value at the time of destruction or damage, it shall not be reconstructed except in conformity with this chapter.
(4) Small wind energy system requirements.
A. Permissible locations. A small wind energy system is permitted in the following zoning districts: R-1, R-2, R-3, R-4, R-5, R-6, R-7, R-PUD and R/O.
B. Minimum lot size. No small wind energy system shall be erected on any lot less than one acre in size.
C. Total height. For property sizes between one acre and two acres, the total height of any tower shall not exceed 60 feet. For property sizes between two and five acres, the total height shall not exceed 80 feet. For property sizes greater than five acres, the total height shall not exceed 100 feet.
D. Location. No small wind energy system shall be located in any front or side yard. No part of any small wind energy system shall be located on a roof or other structure.
E. Setbacks.
1. Property lines. A small wind energy system or tower shall be set back from the nearest property line, public road right- of-way and communication and electrical line not less than 1 times its total height.
2. Inhabited structures. A small wind energy system, or tower shall be set back from the nearest inhabited building not less than 1 times its total height.
F. Design standards.
1. Monopole or freestanding design. The design of the small wind energy system or tower shall be of a monopole or freestanding design without guy wires.
2. Minimum blade height. The minimum height of the lowest extent of a turbine blade shall be 30 feet above the ground or 30 feet above any structure within 100 feet from the tower.
3. Access. No tower shall have a climbing apparatus within 15 feet of the ground. All access doors or access ways to towers and electrical equipment shall be able to be locked.
4. Noise. No small wind energy system shall exceed 60 dBA as measured at the nearest property line or 50 dBA as measured at the nearest neighboring inhabitable building.
5. Visual appearance. Small wind energy and/or tower systems shall be finished in a rust-resistant, non-obtrusive finish and color that is nonreflective. No small wind energy system or tower shall be lighted unless required by the FAA. No flags, streamers, decorations or advertising signs of any wind or nature whatsoever shall be permitted on any small wind energy system and/or tower.
6. Electrical interconnections. All electrical interconnection or distribution lines shall be underground and comply with all applicable codes and public utility requirements.
7. Signal interference. No small wind energy system or tower shall cause permanent and material interference with television or other communication signals.
8. Over-speed controls. Every small wind energy system shall be equipped with both manual and automatic over-speed controls.
G. Permit applications. Application for a small wind energy system and/or tower shall include the following information:
1. Site plan to scale showing the location of the proposed small wind energy system and/or tower and the locations of all existing buildings, structures and property lines, along with distances.
2. Elevations of the site to scale showing the height, design and configuration of the small wind energy system and the height and distance to all existing structures, buildings, electrical lines and property lines.
3. Standard drawings and an engineering analysis of the systems tower, including weight capacity.
4. A standard foundation as approved by the City Engineer and anchor design along with soil conditions and specifications for the soil conditions at the site.
5. Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of the system; including, the name and address of the manufacturer, model and serial number.
6. Emergency and normal shutdown procedures.
7. A line drawing of the electrical components of the system in sufficient detail to establish that the installation conforms to all applicable electrical codes.
8. Evidence that the provider of electrical service of the property has been notified of the intent to install an interconnected electricity generator, unless the system will not be connected to the electricity grid.
(5) Commercial wind energy system requirements.
A. Permissible locations. A commercial wind energy system may be permitted as a conditional use in the following zoning districts: M- 1, S, B-2, B-3 and O.
B. Minimum lot size. No commercial wind energy system shall be erected on any parcel less than 10 acres in size.
C. Total height. The total height of a commercial wind energy system shall not exceed 150 feet.
D. Setbacks.
1. Property lines. A commercial wind energy system shall be set back from the nearest property line and public road right- of-way not less than 500 feet and shall not be located in either a front or side yard.
2. Location. No commercial wind energy system shall be located within 500 feet of a platted subdivision, park, church, school or playground. No part of any commercial wind energy system shall be located on a roof or other structure.
3. Inhabited structures. A commercial wind energy system shall be set back from the nearest inhabitable building, power line or communication line, not less than 1.5 times its total heights.
E. Design standards. A commercial wind energy system shall comply with the design standards set forth in subsection (l)(4)F.1. through 8. hereof.
F. Permit applications. A commercial wind energy system shall comply with the permit application requirements set forth in subparagraphs 1. through 8. of Section 1151.01(l)(4)G.
G. Multiple wind energy systems. More than one tower shall not be permitted without specific approval by the Planning Commission.
(6) Non-use.
A. Any small wind energy system, commercial wind energy system or tower which complies with the terms of this chapter which is not used for one year, excluding repairs, shall be removed within the immediately following six months. Failure to remove the system shall be deemed a violation of this chapter.
B. Any small wind energy or commercial wind energy system which is non-conforming and which is not used for one year, excluding repairs, shall be removed within the immediately following six months. Failure to remove the system shall be deemed a violation of this chapter.
(7) Additional regulatory compliance. Nothing contained in this chapter shall eliminate the requirement to comply with regulations imposed by federal or state laws including, but not limited to, those established by the Ohio Power Siting Board, the Public Utilities Commission of Ohio or any successor agencies.
(Ord. 2010-25. Passed 5-19-10.)
(m) The outside display of retail merchandise for sale is conditionally permitted in B-3 zoning districts provided that the use meets the following conditions for approval:
(1) The display of retail merchandise for sale may only be of products sold by a business operating a retail establishment on the subject lot.
(2) The area of the exterior display must be at least one hundred feet (100') from the front of the retail establishment offering the merchandise and setback at least 50 ft. from the right-of-way.
(3) No signage shall be permitted as part of the outside retail display.
(4) The exterior retail display must be in a permitted parking area and such parking area must be at least one (1) acre; 43,560 square feet.
(5) No storage of any other kind shall occur within the retail display area.
(6) A fence must be permanently installed around the perimeter of the exterior retail display area. Such fence must comply with Section 1169.01 of this Ordinance.
(7) The retail display area must not exceed 1,600 square feet.
(Ord. 2019-29. Passed 6-19-19.)