(a) Adult Care Facility for Six to Sixteen Persons (Adult Group Home)
(1) All activities, programs and other events shall be listed in the application and related to the conditional use. A change from the approved conditional use shall be reviewed and approved by the Planning Commission according to the procedures in Chapter 1117 (Conditional Use Certificates). All activities, programs and other events shall be adequately and properly supervised to prevent injury to persons and disturbance or nuisance to surrounding properties, residents, or to the community in general.
(2) The architectural design and site layout of the adult care facility and the height of a wall, screen, or fence shall be compatible with adjoining land uses and the residential character of the neighborhood.
(3) The applicant shall document and represent in the submittal, and the City shall make a determination, that a sufficient number of qualified supervisors will be on duty in the home 24-hours per day.
(4) The applicant shall comply with the parking regulations and provide on-site parking spaces for visitors and the home supervisors. Parking areas shall be located behind the front building line. A variance to this requirement may be granted by the Planning Commission due to the shallow depth of the parcel, the location of mature trees, or other factors which establish a practical difficulty.
(5) The adult care facility shall comply with local fire safety and building code requirements for the use and level of occupancy.
(6) The applicant shall provide proof of certification, licensing or other approval of the facility by the State of Ohio before an occupancy permit is issued. Failure to maintain a current State of Ohio license, certification or other approval requirements shall result in immediate revocation of the conditional use approval.
(7) The Planning Commission shall consider the proximity and location of other such uses in the neighborhood to limit and reduce change in the character of the area, undue traffic congestion, or other adverse impact upon the surrounding area. An adult care facility shall be located at least 1,000 feet from another adult care or residential facility.
(b) Agriculture/Forestry.
(1) A building or other facility used to house or exercise livestock shall be located at least 200 feet from the boundary of a lot in a residential zoning district.
(2) The area used for the grazing of livestock shall be setback at least 100 feet from the lot lines.
(3) A principal or accessory building, other than a building or facility used to house or exercise livestock, shall have a minimum front setback of twenty-five (25) feet, a minimum side setback of fifteen (15) feet, and a minimum rear setback of thirty (30) feet.
(4) An agricultural use shall properly manage animal waste and fertilizer, with local and state regulations and prevent a nuisance or health hazard to adjoining or nearby property owners.
(c) Animal boarding facility/kennel with outside facilities; Animal hospital/clinic; Animal boarding facility/kennel with no outside facilities.
(1) Outdoor areas devoted to a kennel and run shall:
A. Be located in the rear yard;
B. Have a minimum side setback of 30 feet and a minimum rear setback of 50 feet;
C. Have a minimum setback of 200 feet from any residential zoning district boundary; and,
D. Have a maximum area equal to 25% of the gross floor area of the principal building.
(2) Within the required setbacks, screening shall be provided pursuant to Section 1159.11 (Buffering and Screening Between Districts and Uses).
(3) The facility shall be operated in accordance with all applicable State of Ohio and Geauga County Health Department regulations.
(4) Facility shall properly manage animal waste, in compliance with local and state regulations, and control noise to prevent a nuisance or health hazard to adjoining or nearby property owners.
(d) Airport.
(1) A landing facility shall be planned, located and constructed in accordance with all Ohio Department of Transportation (ODOT - Office of Airports) and the Federal Aviation Administration (FAA) requirements and recommended design guidelines.
(2) A landing facility shall meet the fire suppression and safety standards of the City's Fire Prevention Officer. Written approval from the City's Fire Prevention Officer shall be submitted with a conditional use application.
(3) The site shall be capable of accommodating aircraft parking and landing strips, motor vehicle and emergency equipment access and parking, buffering and screening.
(4) The minimum front, side, and rear setbacks for a building shall be 50 feet. A landing strip, pad, or apron shall not be located within 500 feet of a residential district boundary, and setbacks shall be measured from the edge boundary of the landing facilities. Setbacks may be increased by the Planning Commission considering the number of flights, hours of operation, number and types of aircraft, surrounding land uses in the area, and topography.
(5) A take-off, landing and parking area shall be surfaced with concrete, asphalt or other approved dustless material.
(6) The conditional use application shall include:
A. Approach and departure flight path site plans showing proposed flight path locations, widths, lengths, slopes and other necessary details.
B. Information about the airport operation, such as the hours of operation; the number, type and size of aircraft which use the site; maximum number of airplane take-offs and landings on a daily, weekly, and annual basis; the purpose of the flights and any resulting public benefits.
(e) Motor Vehicle Uses.
(1) Motor vehicle body shop:
A. The City shall consider the environmental impact that the facility will have on the adjacent properties such as lighting, noise, outside storage, signs, traffic access, fumes, air pollution, dust, and vehicle storage; and the methods the applicant proposes to minimize adverse environmental impacts.
B. No inoperable (junk) or unlicensed vehicle shall be parked or stored outside for more than 30 days
C. All activities associated with the use shall be conducted in an enclosed building.
D. Applicant shall provide the types and amount (volume or weight) of petroleum products and chemicals typically stored on site.
(2) Motor vehicle repair, sales and rental:
A. A service garage, leasing department and other activities customarily incidental to a full service, franchised motor vehicle dealer shall be permitted as accessory to the sale of motor vehicles provided the activities are conducted in an enclosed building.
B. Only repair of automobiles customarily associated with automobile sales shall be permitted and shall be conducted inside a suitable building.
C. No junk inoperable or unlicensed vehicle not displayed for sale shall be stored or parked outside for more than 48 hours.
D. Motor vehicles displayed for sale shall be parked on a hard surface. Parking areas shall comply with the minimum parking setback shown in Schedule 1139.11 (Off-Street Parking Regulations).
(3) Requirements for Gasoline Stations; Motor Vehicle Service Stations; and Motor Vehicle Repair Garage:
A. No inoperable or unlicensed motor vehicle, equipment, or parts shall be parked or stored outside for more than 30 days.
B. Vehicle parking areas, vehicle storage areas, maneuvering lanes and access ways to public streets shall be designed to prevent interference with the safe and convenient movement of vehicular and pedestrian traffic on the site and adjacent public rights-of-way.
(4) Gasoline Station. The only service permitted at a gasoline station shall be the dispensing of fuel, oil, air, and windshield wiper fluid and the sale of petroleum products and motor vehicle supplies.
(5) Motor Vehicle Service Station. A motor vehicle service station shall not provide services to motor vehicles that exceed one and one-half tons in capacity. All activities, except dispensing fuel and self-serve automobile vacuum, air and car wash, shall be conducted within a building or garage.
(6) Automotive Service Station and Motor Vehicle Repair Garage. No oil draining pit or visible appliances equipment or tools, other than filling caps, shall be located within ten (10) feet of a street right-of-way or within twenty-five (25) feet of a residential district boundary, unless such equipment, appliance or pit is within a building.
(f) Bed and Breakfast Establishment.
(1) A building erected, enlarged or modified to accommodate a bed and breakfast shall maintain the appearance of a single-family residence. A sleeping room shall not have direct entrance or exit to the outside of the building. Emergency exits are permitted when required by the City's Fire Prevention Code.
(2) The applicant must demonstrate that the use and appearance are compatible with the neighborhood, will not disrupt the traffic circulation, will not create noise, and sufficient parking is available.
(3) Exterior lighting shall be typical for a single-family residence, compatible with the surrounding neighborhood and comply with Chapter 1147.19 (Lighting Regulations).
(4) Deliveries of food and other items shall be made at the rear of the building.
(g) Car Wash.
(1) A car wash shall be located on an arterial or collector street to limit the interference and disruption to pedestrian and vehicular traffic.
(2) A loudspeaker or vacuum system, if requested, shall be included in the conditional use application and approval in the conditional use certificate.
(3) Access drives shall be located on the site at the maximum, feasible distance from existing intersections to reduce traffic congestion and restricted turning movements.
(h) Cemetery.
(1) Interior drives as shown on the approved development plan shall be installed to accommodate development progress.
(2) Sufficient parking spaces shall be provided throughout the cemetery to maintain uninterrupted traffic flow on the interior drives.
(3) No gravesite shall be located within 50 feet of a public street, right-of-way or boundary line of a residence.
(4) No mausoleum or crematory shall be located within 100 feet of a public street, right-of-way or boundary line of a residence.
(i) Church; Religious Assembly; Library; and Other Places of Assembly Including Assembly Halls; Membership Clubs; Community Center; and Conference Centers.
(1) A convent, faculty residence, cafeteria, field house, or infirmary may be located on the same site as the principal use and shall comply with the building setback requirements for a principal building.
(2) The Planning Commission may require an outdoor children's activity area to be enclosed by a fence or wall at least five feet but no more than six feet high. An entry gate shall be provided and be capable of being securely fastened.
(3) The development plan shall show the emergency entrances or exits.
(4) In order to minimize the adverse effects of the above uses, the Planning Commission may require noise reduction measures additional to those required by the Code to maintain the prevailing noise level of permitted uses in the zoning district. The Planning Commission may limit the hours and days of operation so that the use is compatible with surrounding land uses.
(5) In Residential Districts:
A. The use should be located on an arterial or collector street or provide direct access to an arterial or collector street to reduce vehicle traffic on local streets and in residential neighborhoods.
B. Access drives shall be located on the site or the maximum, feasible distance from an intersection for traffic safety and to reduce traffic congestion and restricted turning movements.
C. Activities, programs and other events shall be properly supervised to prevent injuries to persons and disturbance or nuisance to surrounding properties, residents or to the community in general.
D. In an RC, R-1, R-2, R-3, and R-4 District, a day care center, adult or child use may be permitted as an accessory use to a church, other place of religious assembly, or a school facility.
(6) In R1 Residential Districts.
A. The maximum lot coverage shall be 45%.
B. No outdoor activity area, such as a swimming pool, ball field, tennis or basketball court, or skateboard facility shall be permitted on a parcel less than three . An outdoor activity area shall be setback at least 40 feet from a side or rear lot line. An outdoor activity area shall be located behind the rear building line. Where exterior lighting of an outdoor activity area is proposed, evergreen trees with a minimum height of six feet at planting shall be required to screen abutting residential lots.
(j) Commercial Recreation Facility, Indoors; Theater, Indoors.
(1) The use shall not generate noise beyond the premises above the prevailing noise levels of permitted uses in the zoning district.
(2) The Planning Commission may require additional noise reduction measures to maintain the prevailing noise level in the zoning district. A building in which dance floor or live entertainment is provided shall be located a minimum of 100 feet from a residential district boundary line.
(3) The Planning Commission may limit the hours of operation so that the use is compatible with commercial activity of the surrounding uses.
(4) Points of ingress and egress to the site shall be limited, located to promote safety and efficient traffic circulation, and reduce the impact of traffic from the use on the surrounding area.
(5) Retail sales activity that is usual and customary to the use is permitted as an accessory use and incidental to the principal use. Examples are an office and the retail sale of refreshments, food, or souvenirs.
(6) The use shall be located on an arterial or collector street or provide direct access to an arterial or collector street.
(7) Requirement in the C-2 District. The retail sales area shall be located in the first floor space nearest the street or sidewalk to contribute to the retail environment of the zoning district and minimize the amount of space located in a retail setting that is inactive during normal business hours.
(k) Recreation Facilities Including: Commercial Recreation; Community Recreation; Park/playground; Public Swimming Pool; Golf Course ( Except Miniature Golf).
(1) The Planning Commission may require an active recreation area to be enclosed by a fence having a minimum height of five feet and a maximum height of six feet.
(2) The use shall not generate excessive noise, odor, dust or smoke beyond the premises above the prevailing levels from permitted uses in the zoning district. The Planning Commission may impose additional noise reduction measures, including mounding, landscaping and sound barriers, to minimize noise and maintain the prevailing noise levels of permitted uses in the zoning district.
(3) Rifle ranges, pistol and skeet shooting ranges, , and other activities involving the use of firearms shall not be permitted (see Codified Ordinance Section 549.16).
(4) All activities, programs and other events shall be identified in the application and listed in the approved zoning certificate and shall be adequately and properly supervised to prevent personal injury, property damage and disturbance or nuisance to surrounding properties, residents or to the community in general.
(5) An adequate number of public restrooms shall be provided and maintained.
(6) Vehicular approaches shall be designed to reduce traffic congestion and interference with traffic on surrounding public streets or roads.
(7) The Planning Commission may limit the hours of operation so that the use is compatible with the surrounding uses.
(8) Golf courses, including tees, fairways, greens and golf driving ranges, shall be designed and landscaped in a manner to reduce the likelihood of an errant ball landing outside the boundary of the golf course.
(9) Retail sales activity that is usual and customary to the use is permitted as an accessory use and incidental to the principal use. Examples are an office and retail sale of food, beverages, golf equipment, accessories, clothing, shoes and the like.
(10) Swimming pools shall comply with the following additional requirements:
A. Pools shall be adequately fenced to prohibit unauthorized access to the facility.
B. Pools and their enclosures shall comply with the building setback requirements for the zoning district in which the pool is located.
C. The fenced pool enclosure shall be locked whenever the pool is not in use.
(11) For conditional uses, the Planning Commission may limit the maximum lot coverage of accessory buildings and lounging and deck areas.
(l) Congregate Care Facility/nursing Home.
(1) A congregate care facility may be one or more of the following residential facilities:
A. Independent living with congregate dining facilities;
B. Congregate living;
C. Assisted living; or
D. Nursing care.
(2) The use shall be located on an arterial or collector street or provide direct access to an arterial or collector street outside a residential neighborhood to reduce the traffic impact on a residential area.
(3) The development plan shall show the emergency entrances or exits.
(m) Day Care Facility, Child or Adult.
(1) For the protection of children and adults enrolled in a day care center, a fence or wall at least five feet high and a maximum of six feet shall enclose all outdoor activity areas. The entry gate shall be capable of being securely fastened.
(2) The e drop-off and pick-up locations shall not impede the flow of traffic on or off the site.
(3) The use shall be designed and located to protect the children and adults from the traffic, noise, and other hazards of the area.
(4) A day care center for children shall comply with the following:
A. An outdoor play area equal in size to the ground floor area of the day care facility is required. The outdoor activity area shall not be located closer than 40 feet to the boundary of a residence or a residential zoning district boundary.
B. Play structures and similar apparatus shall not be located closer than 50 feet to a residence or residential property zoning district boundary.
(5) In the Industrial District, a day care use is allowed when the use is:
A. Part of a multi-use building; or,
B. The principal use in a building, and the building is one of several buildings in which the principal uses are uses permitted by right (P*) in the Industrial District.
(n) Drive-thru Facility in Association with a Permitted Use; Freestanding Drive-thru Facility.
(1) The use shall be located on an arterial or collector street and on the location of the lot which will be least disruptive to pedestrian and vehicular traffic.
(2) A loudspeaker system, if requested, shall be approved as part of the development plan.
(3) Access drives shall be located on the site at the maximum, feasible distance from an intersection to reduce traffic congestion and restricted turning movements.
(o) Equipment Sales/rental/service (Includes Agricultural Implements).
(1) Parking areas, storage areas, maneuvering lanes and access ways to public streets shall be designed and maintained to prevent interference with the safe and convenient movement of automobile and pedestrian traffic on and adjacent to the site.
(2) Repairs, sales, and rental activities shall be conducted within an enclosed building.
(3) No equipment, parts, unlicensed or inoperative motor vehicles shall be parked or stored for more than 30 days .
(4) The Planning Commission may require natural or man-made barriers to be installed to reduce the impact of the use and the visibility thereof on an adjacent residential area. The Planning Commission shall consider the proximity of residential uses and the location and classification of surrounding land uses when deciding what barriers shall be installed.
(5) The minimum side setback shall be 15 feet.
(6) Enclosed areas for general outdoor storage of materials and vehicles shall be located in a rear yard, unless placement in a side yard will reduce the impact on adjacent residential uses. The setback for the enclosed area shall be at least 15 feet from any property boundary that abuts a single-family residence or residential zoning district boundary line and the rear setback of the enclosed area shall be at least ten feet.
(7) No outdoor display shall be permitted between the front wall of the principal building and the adjacent public street. Temporary displays shall be permitted ten days each month.
(8) Equipment or vehicles with a boom shall be stored or displayed with the boom at its lowest elevation.
(p) Family Day Care Home for 7-12 Children (Type A).
(1) A fence or wall at least five feet high, maximum six feet high, shall enclose an outdoor activity area. The fence or wall shall include a security gate capable of being securely fastened.
(2) The drop-off and pick-up locations shall not impede traffic flow on or off the site.
(q) Financial Institution/banks. Where the use is permitted in the Industrial District only in a building with other uses and it is not the principal use of the building.
(r) Funeral Home.
(1) All activity shall be conducted inside the buildings except organizing the funeral processions.
(2) No vehicle stacking for the funeral procession is permitted in a public right-of-way.
(3) Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.
(4) The hours of operation may be restricted when a Funeral Home is a conditional use.
(5) Exterior lighting shall be compatible with the lighting of the surrounding neighborhood.
(6) Ingress and egress to the site should be limited and located to maximize safety and efficient traffic circulation and minimize the impact of the use on a surrounding residential neighborhood.
(7) The location, dimensions, and design concept of signage should be submitted with the conditional use application.
(8) A loading area shall be located to reduce the impact of the use on surrounding residential neighborhoods. Sufficient screening meeting the standards of Chapter 1153, Landscaping and Land Use Buffers, shall be provided to screen and diffuse noise impacts on adjacent residences.
(s) Heliport.
(1) A helicopter landing facility shall be planned, designed and constructed on a site in accordance with all Ohio Department of Transportation (ODOT - Office of Airports) and the Federal Aviation Administration (FAA) requirements and recommended design guidelines.
(2) A helicopter landing facility shall meet the fire suppression and safety standards of the Fire Prevention Code. Written approval from the City's Fire Prevention Officer shall be submitted with the conditional use application.
(3) The buildings and structures on the site shall accommodate aircraft parking and landing pads, motor vehicle and emergency equipment access and parking, buffering and screening, and sufficient helicopter parking spaces to allow the landing of approaching aircraft without delay.
(4) The minimum front, side, and rear setbacks shall be 50 feet. The minimum setbacks shall be 200 feet from the boundary line of an abutting residence or residential zoning district. All setbacks shall be measured from the edge of the landing pad. The setbacks may be increased by the Planning Commission based upon the intensity of the use and upon consideration of factors such as the number of flights, hours of operation, number of aircraft, surrounding land uses in the area, and topography.
(5) All take-off, landing and parking areas shall be surfaced with concrete, asphalt or other approved dustless surface.
(6) The conditional use application shall include:
A. An approach and departure flight path site plan showing proposed flight path locations, widths, lengths, slopes and other necessary details.
B. The hours of operation; the number, and size of aircraft expected to use the site; maximum number of helicopter trips on a daily, weekly, and annual basis; and the purpose of the helicopter trips.
(t) Limited Retail.
(1) An applicant shall demonstrate that the use is compatible with the neighborhood, considering among other factors the traffic circulation, parking areas, and appearance of the development.
(2) Loading areas shall be located on the site to reduce the impact on surrounding residential uses. The developer shall screen and diffuse noise impacts from adjacent residences. The principal structure shall face the street.
(3) The street elevation of the principal structure shall have at least one pedestrian entrance facing the street and contain the principal windows of the structure.
(4) The use of upper floors for residential purposes is encouraged, to promote and enhance the residential character of the neighborhood.
(6) The number of vehicular entrances to the site should be limited and placed to maximize safety and efficient traffic circulation and reduce the impact of traffic generated on surrounding residential neighborhoods.
(7) The scale, size and building design shall be compatible with the surrounding neighborhood.
(8) The location, dimensions, and design concept of signage should be submitted with the application for limited retail use.
(u) Manufacturing from Raw Materials, Such as a Saw Mill or Asphalt Plant.
(1) The outdoor storage of raw materials is prohibited. The outdoor storage of finished goods inventory shall be limited to 25% of the gross floor area of the principal building.
(2) Buildings and associated outdoor storage shall be setback:
A. A minimum of 300 feet from the boundary line of a residence or residential zoning district,
B. A minimum of 100 feet from a front, side or rear lot line, when not abutting a residence or residential zoning district.
(3) Editor’s Note: This subsection is reserved for future legislation.
(4) The facility shall be located on the site to reduce drifting odors on surrounding properties.
(5) An outdoor storage area shall be enclosed within a solid wall or fence that includes solid gates at least eight feet high. Items stored therein shall not be piled or stored higher than the top of the fence or wall.
(6) Additional fences, walls or shrubs may be required by the Planning Commission, if necessary to adequately screen the outdoor storage area from adjoining residential zoning districts or public streets.
(v) Parking Garage.
(1) Setbacks. In the C-2 District, the Planning Commission may decrease the maximum setback if the retail use matches an adjacent existing building setback and such development in the area is consistent with the City's Comprehensive Plan.
(2) Compatibility. The applicant shall demonstrate that the use is compatible with the neighborhood, considering traffic circulation, parking areas, and appearance of the use. The hours of operation may be restricted as a condition of approval.
(3) Building design. The building shall be designed to be compatible with surrounding development. Considerations include design elements and architectural features that provide a varied and interesting façade on long building walls without an entrance or windows and design elements that enhance compatibility with the character of the zoning district.
(4) Building materials. The building materials shall be compatible with the surrounding buildings and character of the neighborhood.
(5) Public street facades. The design and layout of the site on the sides facing a public street shall provide a varied and interesting façade. The ground floor shall be differentiated from the upper floors by recessing the upper floors; changing materials between the ground and upper floors; and including a continuous cornice line or pedestrian weather protection element, such as awnings. Facades shall be varied using one or more of the following methods: varying the arrangement, proportion or design of façade openings; incorporating changes in architectural materials, including texture or color; or projecting or recessing portions or elements of the façade.
(6) Landscaping. The landscaping on the site shall provide an appropriate transition to a residential zoning district, separate and buffer the building from an abutting residential zoning districts, and provide visual relief from building walls without openings.
(w) Plant Nursery/greenhouse.
(1) The use shall be located on an arterial or collector road.
(2) Buildings, equipment, and other activities associated with the use shall be setback 75 feet from a residence or residential zoning district boundary line 50 feet from a street.
(x) Public Safety Facility. (EDITOR’S NOTE: Former subsection (x) hereof was repealed by Ordinance 2917.)
(y) Residential Facility for 9-16 Persons
(1) Activities, programs and other events shall be identified in the application and related to the conditional use approval. A change from the approved conditional use shall be reviewed and approved by the Planning Commission according to the procedures in Chapter 1117 (Conditional Use Certificates). All activities, programs and other events shall be adequately and properly supervised to prevent injuries to persons, damage to property and disturbance or nuisance to surrounding properties, residents, or to the community in general.
(2) The architectural design and site layout of the residential facility and the height of any walls, screens, or fences shall be compatible with adjoining land uses and the residential character of the neighborhood.
(3) The applicant shall represent in the application, and the City shall require as a condition of approval, that adequate qualified supervision is on site 24-hours per day.
(4) The applicant shall comply with the parking requirements of the Planning and Zoning Code and shall provide on-site parking of vehicles used by visitors and the home supervisors. Parking for visitors and employees shall be located behind the front building line. A variance to this requirement may be granted due to the shallow depth of the parcel, the location of mature trees, or other factors which demonstrate a practical difficulty.
(5) The residential facility shall meet local fire safety and building code requirements for the use and number of occupants. The facility shall be certified, licensed or otherwise approved for operation by the State of Ohio and Geauga County. Failure to maintain licensure, certification or other approval shall result in immediate revocation of the facility's Conditional Use Certificate.
(6) In reviewing the conditional use application, the Planning Commission shall consider the proximity and location of other similar facilities in the neighborhood to minimize the change in the character of the area, congestion in the public ways and other adverse impacts, but in no event shall a such a facility be closer than a 1,000 foot radius from another Adult care or residential facility.
(z) Restaurant. In the Industrial District, the use shall be permitted only when:
(1) The use is located in a building with other uses, most of which are occupied by "P" principal uses, permitted by right in the Industrial District; or,
(2) If the restaurant is the principal use in a building, it shall be permitted only when most of the buildings in the development are occupied by "P" principal uses, permitted by right in the Industrial District.
(aa) Retail Establishment. In the Industrial District, establishment shall be permitted only when:
(1) The use is located in a building with other uses, most of which are occupied by "P" principal uses, permitted by right in the Industrial District; or,
(2) If the establishment is the principal use in a building, it shall be permitted only when most of the buildings in the development are occupied by "P" principal uses, permitted by right in the Industrial District.
(bb) Scientific Research, Development, Training or Testing Facility.
(1) The principal activities of the use shall occur within an enclosed building.
(2) Where the site is adjacent to a residential zoning district, hours of operation may be restricted.
(3) No exterior odor, dust, noise, or other impacts shall be produced as a result of the use. The Planning Commission may impose additional noise reduction measures, including mounding, landscaping and sound barriers, to minimize noise and to maintain the prevailing noise levels of permitted uses in the zoning district.
(cc) School, Specialty, Personal Instruction (Public/private) College/university.
(1) The use should be located to minimize the amount of space located in a retail setting that is inactive during normal business hours. Such establishments are encouraged to have associated retail uses located in the first floor space nearest the street or sidewalk to contribute to the retail environment of the zoning district.
(2) The applicant must demonstrate that the use is compatible with the surrounding land uses, considering traffic circulation, parking area and appearance of the use.
(3) Points of ingress and egress to the site may be limited and shall be located to promote safety and efficient traffic circulation, and reduce the impact of traffic generated by the use on the surrounding area.
(4) All activities, programs, and other events shall be identified in the application, related to the approved conditional use and shall be adequately supervised and monitored to prevent injury to persons, damage to property and disturbance or nuisance to surrounding properties, residents, or to the community in general.
(5) Building and roof design. The building and roof shall be designed to be compatible in architectural design and style with surrounding neighborhood. Considerations include, but are not limited to, design elements and architectural features such as entrance pediment and side-lites, window type, building corner trim, cornice details, rooflines and number of stories.
(6) Building materials. The materials used for buildings, roofs, fences and other structures shall be compatible with the surrounding built environment, structures and the character of the neighborhood.
(7) Facades facing public streets. The design and layout of the side of building walls facing the street shall provide a varied and interesting facade. Considerations include the use of setbacks, building placement, roof design, variations in materials and building walls and other structural design and architectural elements.
(8) Landscaping. Landscaping shall provide appropriate transition from commercial to residential uses; separate and buffer the buildings from other uses, especially abutting residential zoning districts; and provide visual relief from building walls without openings.
(dd) School, (Public/private) Elementary/secondary.
(1) General Requirements:
A. The use should be located on an arterial or collector street or provide direct access to an arterial or collector street to reduce the traffic impact on local streets and residential neighborhoods. An elementary school may be located on a local street provided that sufficient evidence is supplied with the application that demonstrates a majority of students are within walking distance of the elementary school.
B. All access drives shall be located on the site at the maximum, feasible distance from existing intersections to maximize traffic safety and reduce traffic congestion and restricted turning movements.
C. Recurring activities, programs and other events shall be listed on the application. Activities shall be adequately and properly supervised to prevent injury to persons, damage to property and disturbance or nuisance to surrounding properties, residents or to the community in general. A new application shall be submitted if additional activities are proposed.
D. The front wall of the building shall include the principal entrance and face the public street.
E. A pedestrian walkway shall be provided from the public sidewalk to the principal entrance.
(2) Requirements in the RC, R1, R2 and R3 residential zoning Districts:
A. The maximum lot coverage shall be 50% percent.
B. Parking shall be located behind the front line of the principal building. This requirement may be varied when the shallow depth of a parcel, the location of existing mature trees, or other conditions exist which create a practical difficulty.
C. The applicant shall demonstrate that the use is compatible with the neighborhood, considering traffic circulation, parking areas, and appearance of the use.
E. The exits and entrances to the site may be limited and shall be located to promote safety and efficient traffic circulation, and reduce the impact of traffic generated by the use upon the surrounding residential neighborhood.
F. The scale, size and design of the building shall be compatible with the surrounding residential neighborhood.
(ee) Self-storage Facility, Indoor.
(1) The standard leases for rental of a self-storage units shall include clauses prohibiting the following:
A. The storage of flammable liquids or radioactive, highly combustible, explosive or hazardous materials.
B. The self storage unit shall be used only for storage.
C. No activities, such as the sale, repair, fabrication, or servicing of goods, motor vehicles, appliances, equipment, or materials shall be conducted from the self-storage units.
(2) The size of each storage unit shall not exceed 500 square feet.
(3) The uses should be located on an arterial or collector street.
(4) No storage unit door opening shall face a residential zoning district.
(5) The Planning Commission may waive or vary the regulation due to the shape of the parcel, the location of surrounding structures and utilities, the location of access points and other conditions which create a practical difficulty. If the Commission grants such a variance or waiver, a 20 foot buffer yard shall be installed along the residential zoning district boundary in which a six foot masonry wall shall be constructed.
(6) Ornamental fencing is permitted and encouraged in the front of the building. No fence shall be topped with electric, barbed or razor wire.
(7) All storage shall be within a completely enclosed building. The outdoor storage of inventory, materials, vehicles, merchandise or other personal property is prohibited.
(ff) Service Establishment, Personal. In the Industrial District, such establishments shall be permitted only when:
(1) The use is located in a building with other uses, most of which are occupied by "P" uses, permitted by right in the Industrial District; or,
(2) If the use occupies an entire building, it shall be permitted only when most of the principal uses in the buildings in the development are occupied by "P" uses, permitted by right in the Industrial District.
(gg) Utility Substation/distribution Facility, Indoor and Outdoor.
(1) A public utility structure, including a substation, shall be permitted as a conditional use only when the distribution of service from the use is essential to the immediate neighborhood or when topographical features restrict the location of such facility.
(2) Natural or man-made barriers shall be constructed or installed to reduce intrusion of the use into and increase privacy in a residential zoning district.
(3) Materials and equipment shall be stored within a completely enclosed building.
(4) A substation, as measured from the outermost edge of the building or structure, shall be located at least 50 feet from the boundary line of a residence or a residential zoning district.
(hh) Warehousing. Outside storage is prohibited.
(ii) Wholesale Sales And/or Distribution, Indoor.
(1) Outside storage is prohibited.
(2) Retail uses accessory to the principal wholesale sales and distribution use are permitted.
(jj) Wholesale sales & distribution, outdoor.
(1) A storage area shall be setback 100 feet from the boundary line of a residence or residential zoning district. The distance shall be measured from the outer edge of the required screening. Outdoor storage areas shall be shown on the development plan.
(2) The total area devoted to outdoor storage shall not exceed 75% of the gross ground floor area of the principal building.
(kk) Outdoor Storage of Materials & General Merchandise. In the Industrial District:
(1) The outdoor storage of raw materials shall be prohibited, except as allowed in Section 1141.13(a)(2) (Regulation of Type of Strorage). The area devoted to outdoor storage of other materials and general merchandise shall be limited to an area equal to 25% of the gross ground floor area of the principal building.
(2) Outdoor storage of materials and general merchandise shall comply with Section 1141.13 (Outdoor Activities).
(Ord. 2635. Passed 1-13-11.)
(ll) Computerized Internet Sweepstakes Café.
(1) The City shall consider the impact that the use will have on the adjacent properties, such as lighting, noise, signs, traffic and parking.
(2) All activities associated with the use shall be conducted in an enclosed building.
(3) The use may be accessory to another permitted use (P), permitted use with supplemental regulations (P*) or conditional use (C). The area of the premises upon which the computerized internet sweepstakes café is operated shall comply with the Planning and Zoning Code and Chapter 743, Computerized Internet Sweepstakes Café.
(4) All computerized sweepstakes devices on the premises shall be identified in the application by manufacturer and serial number and listed in the approved zoning certificate.
(5) A. The premises shall be located more than 250 feet from a church, a public or private school, public park or playground, child care center or neighborhood center. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure where a computerized internet sweepstakes café is conducted to the nearest property line of the premises of a church, public or private school, social service facility or neighborhood center, or to the nearest boundary of a public park or playground.
B. The use shall be located more than 300 feet from the closest boundary of a residential district within the City of Chardon or the closest boundary of a residential district or use in a political subdivision abutting the City. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure where a computerized internet sweepstakes café is conducted to the nearest property line of a residential use or lot which contains a residence, or to the nearest boundary of a residential district.
C. The proposed use shall be located more than 1,000 feet from another licensed computerized internet café. The distance shall be measured in a straight line, without regard to intervening structures or objects, from the closest external wall of the structure in which each computerized internet sweepstakes café is located.
(Ord. 2652. Passed 4-14-11.)
(Ord. 2652. Passed 4-14-11.)
(mm) Entertainment Device Arcade.
(1) The City shall consider the impact that the use will have on the adjacent properties, such as lighting, noise, signs, traffic and parking.
(2) All activities associated with the use shall be conducted in an enclosed building.
(3) The use may be accessory to another permitted use (P), permitted use with supplemental regulations (P*) or conditional use (C). The area of the premises upon which the entertainment device arcade is operated shall comply with the Planning and Zoning Code and Chapter 745, Entertainment Device Arcade.
(4) All entertainment devices on the premises shall be identified in the application by manufacturer and serial number and listed in the approved zoning certificate.
(5) A. The premises shall be located more than 100 feet from a church, a public or private school, public park or playground, child care center or neighborhood center. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building, or structure or wall of the tenant space where an entertainment device arcade is conducted to the nearest property line of the premises of a church, public or private school, social service facility or neighborhood center, or to the nearest boundary of a public park or playground.
B. The use shall be located more than 150 feet from the closest boundary of a residential district within the City of Chardon, or any structure that contains a residence, or the closest boundary of a residential district or use in a political subdivision abutting the City. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building, structure or the wall of a tenant space where an entertainment device arcade is conducted to the nearest property line of a residential district "boundary" district or to a structure with a residential use in a non-residential district.
C. The proposed use shall be located more than 200 feet from another licensed entertainment device arcade. The distance shall be measured in a straight line, without regard to intervening structures or objects, from the closest external wall of the structure in which each entertainment device arcade is located.
(Ord. 2935. Passed 8-11-16.)