This section provides supplementary site planning, development, and/or operating standards for certain land uses listed in Sections 1145.07 and 1145.09. The land uses and activities covered by this section shall comply with the applicable standards for the specific use, which, unless otherwise notes, are in addition to all other applicable provisions of this code including, but not limited to, parking, signs, landscaping, open space, etc.
(a) Adult Oriented Business. The following basic standards shall apply to adult entertainment and an adult oriented business (AOB) in the Industrial District:
(1) The AOB shall be located more than 1,000 feet from any property boundary line of a building which is used primarily for religious worship and related religious activities, school (public/private) elementary/secondary, park or playground, day 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 used as a part of the premises where an adult oriented business is conducted, to the nearest property line of the premises of a place of worship, school or other protected building or premises.
(2) The AOB shall be located more than 300 feet from any property boundary line of a residential zoning district, residential use, any structure that contains a residence or any boundary of a residential district in a township abutting the City of Chardon. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult oriented business is conducted, to the nearest property line of a lot devoted to residential use or structure or that contains a residence, or to the nearest boundary of an affected residential zoning district.
(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) Airport, Heliport.
(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 and the buildings and structures on the site shall be capable of accommodating the requisite landing strips, motor vehicle and emergency equipment access and parking, buffering and screening, and sufficient helicopter/aircraft parking spaces to allow the landing of approaching aircraft without delay.
(4) The minimum front, side, and rear setbacks for a building shall be fifty (50) feet.
A. For an airport: 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.
B. For a heliport: 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.
C. 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 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 and/or heliport operation, such as the hours of operation; the number, type and size of aircraft expected to use the site; maximum number of airplane/ helicopter take offs and landings on a daily, weekly, and annual basis; the purpose of the flights and any resulting public benefits.
(d) Animal Boarding Facility with Outside Facilities; Animal Hospital/clinic; Animal Day Care/animal Grooming Facility with No Outside Facilities.
(1) When permitted, outdoor areas devoted to a kennel and run shall:
A. Be located in the rear yard;
B. Have a minimum side setback of thirty (30) feet and a minimum rear setback of fifty (50) feet;
C. Have a minimum setback of 200 feet from any residential zoning district boundary; and,
D. Have a maximum area equal to twenty-five percent (25%) of the gross floor area of the principal building.
(2) Within the required setbacks, screening shall be provided pursuant to Section 1153.11 (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) The 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.
(e) 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 that sufficient parking is available.
(3) Exterior lighting shall be typical for a single family residence, compatible with the surrounding neighborhood and comply with Section 1153.25 (Lighting Regulations).
(4) Deliveries of food and other items shall be made at the rear of the building.
(f) Brewpubs and Micro Production Facilities, Including Micro-brewery, Micro-distillery, Micro-winery.
(1) Each brewpub or micro production facility shall manufacture and sell alcoholic beverages in accordance with the provisions of the Ohio Division of Liquor Control and the Bureau of Alcohol, Tobacco and Firearms (ATF), and shall maintain current licenses as required by each agency.
(2) Brewpubs:
A. A minimum of fifty percent (50%) of the gross floor area of the brewpub shall be devoted to restaurant use for on-site consumption of food and beverages, including the kitchen and seating area, but not including any outdoor dining area.
B. The area used for on-site production, including but not limited to manufacturing, bottling and storage, shall not exceed fifty percent (50%) of the total floor area of the entire facility or 8,000 square feet, whichever is less.
(3) Micro production facilities in the C-3 District shall provide a minimum of 1,500 square feet devoted to on-site retail sale, restaurant or tasting room for the on-site consumption of products produced on the premises.
(4) Each brewpub and micro production facility shall be architecturally compatible with the surrounding commercial uses.
(5) No brewing equipment or storage of materials shall be permitted on the exterior of the building, except as otherwise permitted for outdoor storage in the district in which the use is located.
(6) The emission of odorous matter or smells in such quantities as to produce a public nuisance or hazard is not permitted.
(7) The facility shall not generate truck traffic materially different in truck size or frequency from that truck traffic generated by the surrounding commercial uses.
(8) In the Industrial District, the facility shall have frontage on an arterial or collector street.
(9) Each facility shall maintain copies of all reports filed with the Bureau of Alcohol, Tobacco and Firearms (ATF) and shall be able to demonstrate, upon request of the City, that they have not exceeded the annual beverage production limit for the facility in any twelve (12) month period.
(g) Brewery, Distillery, Winery Production Facilities. Such production facilities shall be permitted to have accessory tasting rooms, and on-site retail sales provided the floor area dedicated to such accessory uses does not exceed ten percent (10%) of the total building floor area, or 4,000 square feet, whichever is less. This limitation shall not apply when the facility has frontage on an arterial or collector street.
(h) 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.
(i) 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 fifty (50) feet of a public street, right of way or boundary line of a residence.
(4) No mausoleum shall be located within 100 feet of a public street, right of way or boundary line of a residence.
(j) Community Center; Cultural Institution; Library; and Place of Worship.
(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 (5) feet but no more than six (6) 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. A day care center, adult or child use may be permitted as an accessory use to a place of worship or a school facility.
(6) In the R-1 Residential District.
A. The maximum lot coverage shall be forty-five percent (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 (3). An outdoor activity area shall be setback at least forty (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 (6) feet at planting shall be required to screen abutting residential lots.
(k) 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.
(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 (5) feet high and a maximum of six (6) feet shall enclose all outdoor activity areas. The entry gate shall be capable of being securely fastened.
(2) The 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 forty (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 fifty (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) 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.
A. The premises shall be located more than 100 feet from a place of worship, 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 place of worship, 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.
(p) 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 thirty (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 outdoor storage of equipment, materials and/or vehicles for sale, rental or service, shall be located in a rear yard in compliance with the building setback requirements, unless the Planning Commission determines placement in a side yard will reduce the impact on adjacent residential uses.
A. When regulated as a conditional use, the Planning Commission may limit the types of materials, equipment, and vehicles permitted to be stored outdoors.
B. The area devoted to outdoor storage shall be entirely enclosed by a fence or wall. Items stored therein shall not be piled or stored higher than the top of the fence or wall.
C. The area devoted to outdoor storage shall be paved with asphalt or concrete, and maintained free from dust. The Planning Commission may grant a variance from the paving requirement if the applicant demonstrates that dust will be adequately controlled and the storage area will have little vehicular traffic.
(6) 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 (10) days each month.
(7) Equipment or vehicles with a boom shall be stored or displayed with the boom at its lowest elevation.
(q) Funeral Home; Crematorium.
(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) Funeral homes regulated as a conditional use shall comply with the following:
A. Applicants shall clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.
B. The hours of operation may be restricted.
(4) Exterior lighting shall be compatible with the lighting of the surrounding neighborhood.
(5) 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.
(6) 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, Buffers and Lighting Regulations, shall be provided to screen and diffuse noise impacts on adjacent residences.
(7) A crematorium in association with a funeral home shall comply with the following:
A. Any person who engages, in whole or in part, in the cremation shall be licensed by the Board of Embalmers and Funeral Directors as provided in Ohio R.C. Chapter 4717.
B. The operator, owner or any other person involved in the crematory operation shall obtain and show to Planning Commission any and all licenses required by Ohio R.C. Chapter 4717 or any other statute of the State of Ohio.
C. Access for the unloading of the remains to the crematory shall be in the interior of the crematorium.
D. Screening of the crematorium from adjacent properties may be required and a landscape plan approved by Planning Commission.
(r) Gasoline Stations.
(1) 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.
(2) No inoperable or unlicensed motor vehicle, equipment, or parts shall be parked or stored outside for more than thirty (30) days.
(3) 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.
(s) Group Home, Large.
(1) The architectural design and site layout of the large group home shall be compatible with adjoining land uses and the residential character of the neighborhood.
(2) No large group home shall be located within 1,000 feet from any other large group home. The distance shall be measured from the nearest property line of the property from which spacing is required to the nearest property line on which the large group home will be located, using a straight line, without regard to intervening structures or public rights-of-way.
(3) 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 1115 (Conditional Use Procedures). 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.
(4) 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 twenty-four (24) hours per day. A house supervisor or other paid staff shall not be counted as a resident of the large group home.
(5) 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.
(6) The group home facility shall comply with local fire safety and building code requirements for the use and level of occupancy.
(7) The applicant shall provide proof of certification, licensing and other required approval of the facility obtained from the State of Ohio before an occupancy permit is issued. Failure to maintain a current State of Ohio license, certification or other required approval shall result in immediate revocation of the conditional use approval.
(t) Group Home, Small.
(1) Occupancy of a small group home shall be for the exclusive use of citizens protected by the provisions of the federal Fair Housing Act Amendments of 1988 (FHAA), as defined in that Act and interpreted by the courts, or by any similar legislation of the State of Ohio. A house supervisor or other paid staff shall not be counted as a resident of the small group home.
(2) Persons residing in a small group home shall live as a single housekeeping unit in a single dwelling unit and maintain said home as their sole, bona fide, permanent residence. The term "permanent residence" means:
A. The resident intends to live at the dwelling on a continuing basis; and,
B. The resident does not live at the dwelling in order to receive counseling, treatment, therapy or medical care.
(3) The applicant shall comply with all standards that apply to single-family dwellings in the applicable district, and with local fire safety and building code requirements for the use and level of occupancy.
(4) The applicant shall provide proof of certification, licensing or other required approval of the facility obtained from the State of Ohio before a zoning compliance certificate is issued.
(u) Hotel/Motel, Medical/Dental/Health Services Office/Clinic, Restaurant, Retail and Personal Service Establishments in the Industrial District. The use shall be located on a lot that has frontage on an arterial or collector street.
(v) 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 twenty-five percent (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) The facility shall be located on the site to reduce drifting odors on surrounding properties.
(4) An outdoor storage area shall be enclosed within a solid wall or fence that includes solid gates at least eight (8) feet high. Items stored therein shall not be piled or stored higher than the top of the fence or wall.
(5) 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.
(w) Motor vehicle or boat repair garage.
(1) 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.
(2) All activities associated with the use shall be conducted in an enclosed building.
(3) No inoperable (junk) or unlicensed vehicle shall be parked or stored outside for more than thirty (30) days.
(4) Applicant shall provide the types and amount (volume or weight) of petroleum products and chemicals typically stored on site.
(5) 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.
(x) Motor vehicle sales, and leasing.
(1) 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.
(2) Only repair of automobiles customarily associated with automobile sales shall be permitted and shall be conducted inside a suitable building.
(3) No junk inoperable or unlicensed vehicle not displayed for sale shall be stored or parked outside for more than forty-eight (48) hours.
(4) Motor vehicles displayed for sale shall be parked on a hard surface that complies with the minimum parking setbacks.
(5) 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.
(y) Motor Vehicle Service Station.
(1) A motor vehicle service station shall not provide services to motor vehicles that exceed one and one half (1 ½) tons in capacity.
(2) All activities, except dispensing fuel and self serve automobile vacuum, air and car wash, shall be conducted within a building or garage.
(3) All hydraulic hoists, oil pits, and all lubricants, greasing, vehicle washing and repair equipment shall be enclosed entirely within a building. No outdoor disassembly or repair of motor vehicles shall be permitted.
(4) No junk inoperable or unlicensed vehicle not displayed for sale shall be stored or parked outside for more than forty-eight (48) hours.
(z) Multi-family Developments.
(1) Applicants must clearly demonstrate that the use will be compatible with the surrounding uses, particularly with regard to traffic circulation, parking, and appearance.
(2) Vehicular entrances to the multi-family development shall be minimized and designed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any adjacent residential neighborhood.
(3) Multi-family developments in a C-3 or C-4 District shall meet all requirements of the R-4 District and all other sections of this code applicable to multi-family development.
(4) The Planning Commission may limit the size of the multi-family development if determined necessary to further the goals of the Comprehensive Plan.
(aa) Outdoor Dining Associated with a permitted principal use with a commercial grade kitchen.
(1) General Requirements. Outdoor dining shall be permitted as an accessory to a restaurant use with the following conditions:
A. The outdoor dining area shall be located contiguous to the principal building the dining is connected with or between the principal building the dining is connected with and an adjacent parking area. Outdoor cafes and food service areas shall not be located in such a manner as to require customers and employees to cross driveways or parking areas to go between the café/food service area and the principal building.
B. The outdoor dining area shall comply with the building setback regulations for the zoning district in which it is located.
C. The restaurant that the outdoor dining facility is accessory to shall provide, prepare, or serve the food and beverages consumed by patrons within the outdoor dining area.
D. The outdoor dining area shall not be located within ten (10) feet of a fire hydrant, Fire Department standpipe connection, fire escape, bus stop, or loading zone.
E. Tables, chairs and furnishings shall not obstruct nor interfere with pedestrian movement on a sidewalk, ingress to or egress from a building, or otherwise interfere with the efficient and safe movement of pedestrians along sidewalks or pedestrian and vehicle traffic in parking areas or on City streets, alleys, rights of way or municipal property.
F. The restaurant shall obtain and post permits required for outdoor food handling and shall comply with state and local health and sanitation regulations.
G. Outside entertainment, including but not limited to a band, orchestra, musician, singer, radio, television, loudspeaker, microphone, individual, group or other amplifying mechanical device is prohibited in the outdoor dining area if the noise disturbs surrounding property owners.
(2) Permit Application.
A. A Zoning Certificate for outdoor dining shall be issued by the Community Development Administrator.
B. The applicant shall submit to the Community Development Administrator a plan showing the sidewalk, curb and public improvements, fixtures and movable items such as light posts, benches, planters, trash receptacles, fences, trees and tree grates, bicycle racks, and newspaper boxes with the dimensions of the outdoor dining area and location of the foregoing. The diagram shall depict the proposed location of outdoor dining furniture and other equipment within the outdoor dining area.
(3) Requirements for Outdoor Dining in the Public Right of Way. Outdoor dining is permitted on a public sidewalk by revocable license of Council with terms and conditions regulating the outdoor dining use, including the following:
A. A Zoning Certificate for outdoor dining shall be issued for one (1) calendar year and renewed annually thereafter. No fee shall be charged for the certificate or the renewal.
B. The Zoning Certificate permitting outdoor dining must be issued or renewed prior to setup or use of a public sidewalk for outdoor dining.
C. The sidewalk within the outdoor dining area and the vicinity thereof shall be maintained in a sanitary manner at all times. Food scraps, beverage cups and other waste shall be promptly removed and placed in refuse containers. Sweeping refuse or food scraps into a tree grate, street gutter, or storm sewer is prohibited. The sidewalk shall be washed as needed to remove food and drink residue.
D. The outdoor dining area shall not obstruct nor interfere with pedestrian or vehicular traffic or with access to parked vehicles. The outdoor dining area shall not reduce sidewalk access to less than four (4) feet in width between the dining area and a tree, light post, sign pole, bench, planter, trash receptacle, fence, bicycle rack, newspaper box or other object in or on the sidewalk.
E. Tables, chairs and equipment shall not be attached or affixed to the sidewalk, a pole or other public facility without written approval from the City Manager.
F. Outdoor dining shall be permitted between 7:00 a.m. and 12:00 a.m. from April 1 to November 1 each year.
G. The restaurant owner, restaurant manager and property owner shall each provide at their sole cost and expense, and shall maintain in effect during the entire period of the permit, the following insurance coverages:
1. Workers' Compensation insurance;
2. A comprehensive commercial liability insurance policy naming the City of Chardon as an additional insured, including owner's protective liability insurance and contractual liability insurance covering claims for personal injury and property damage with limits of at least one million dollars ($1,000,000) per occurrence (combined single limit); and additionally, when liquor is to be consumed in the outdoor dining area, a liquor liability insurance policy naming the City of Chardon as an additional insured with limits of at least one million dollars ($1,000,000); and with the condition that neither policy shall be changed or canceled until thirty (30) days after written notice thereof has been given to the City.
H. The restaurant owner, property owner and restaurant manager shall each execute an agreement to hold harmless, indemnify, and defend the City of Chardon from and against any and all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses, consequential or otherwise, including reasonable attorneys' fees, which may in any way arise out of, result from or be connected with the granting of a Zoning Certificate permitting outdoor dining or from any act or failure to act by the property owner, restaurant owner or restaurant manager, their agents or employees.
I. The Community Development Administrator shall issue a certificate authorizing the accessory use following the grant of a license by Council. Outdoor dining in the public right of way is a privilege. Council may terminate the license for an outdoor dining area upon the operator=s failure to comply with the terms and conditions of approval or failure to comply with municipal ordinances, standards and specifications. The City Manager may temporarily suspend the operation of an outdoor dining area if the City needs the entire sidewalk area for a community activity such as a scheduled festival, parade, march, or demonstration protected by the First Amendment; for repairs to the street or the sidewalk; or during an emergency.
(bb) Outdoor Display of Merchandise, in association with a permitted use.
(1) This section does not apply to a motor vehicle sales establishment.
(2) Only merchandise offered by the principal retail business located on the premises shall be permitted to be displayed outdoors, and such sales shall be conducted by the owner or employees of the principal retail business.
(3) The outdoor display and sale of merchandise shall be limited to those items that a customer can pick up and carry into the building for purchase. Larger items displayed for sale shall comply with the regulations for Outdoor Storage of Goods and Materials in Section 1145.11(cc).
(4) No outdoor display or outdoor sales shall be permitted when the principal building is vacant.
(5) Outdoor Display in front of building.
A. The area of the accessory outdoor display shall not exceed 200 square feet.
B. The outdoor display area located in front of the building shall not be located within the required building setback for the district in which the use is located.
(6) Outdoor Display in a side yard.
A. The area of the accessory outdoor display shall not exceed fifteen percent (15%) of the ground floor area of the principal retail business on the lot. The Planning Commission may grant a variance to this requirement when the ground floor area is 5,000 square feet or less.
B. The outdoor display area located in a side yard shall comply with the required side building setback, for the district in which the use is located.
(7) The outdoor display area shall not be located in an area intended for vehicular traffic and pedestrian circulation or parking as identified on the approved development plan; and shall not interfere with or obstruct vehicular or pedestrian traffic. A minimum of five (5) feet of the sidewalk or walkway shall be clear of merchandise to allow for safe pedestrian movement.
(8) Temporary structures may be erected in association with a seasonal outdoor display when located in compliance with the required building setbacks and specifically authorized during plan review.
(8) The outdoor display and sales areas shall be maintained in good order and appearance.
(9) An outdoor display area and all associated temporary structures shall be shown on the development plan and approved as part of a development plan review pursuant to Chapter 1111 (Development Approval Process).
(cc) Outdoor Storage of Goods and Materials Related to the Primary Business.
(1) Only goods, materials, or products sold or used as part of the principal use shall be permitted to be stored outside.
(2) Limitations on materials stored:
A. The outdoor storage of radioactive, toxic or hazardous materials shall be prohibited.
B. The outdoor storage of raw materials shall be prohibited, except as allowed in subsection C below.
C. The bulk storage of sand, gravel, salt and similar materials shall be permitted only when such material is contained to prevent spreading.
D. Whenever specific outdoor storage regulations are included in this section for a particular use, those regulations shall govern.
(3) The area devoted to outdoor storage of materials and general merchandise for sale shall be limited to an area equal to twenty-five percent (25%) of the gross ground floor area of the principal building.
(4) An outdoor storage area shall be located in a side yard or rear yard only in compliance with the regulations of this section. Outdoor storage shall not be located in a front yard.
(5) In a commercial district, an outdoor storage area located in a side yard shall comply with the following:
A. Be located in compliance with the principal building setback requirements for the district in which the use is located, and be no closer to the street than the front of the principal building;
B. Be contiguous to the principal building; and
C. Be enclosed with an opaque wall or fence with access secured by an opaque gate. The wall or fence shall have a minimum height of fourteen (14) feet and be designed as an integral part of the principal building.
D. Bulk items and items stored on pallets shall be completely screened from view from a public street.
(6) In a commercial district, an outdoor storage area located in a rear yard shall comply with the following:
A. Be located in compliance with the parking setback requirements for the district in which the use is located;
B. Be located behind the principal building; and
C. Shall not be visible from a public street unless the storage area is located on a corner lot.
D. Goods and materials stored outdoors shall be enclosed with an opaque wall or fence with access secured by an opaque gate. The height of the fence or wall shall not exceed six (6) feet. The opaque wall or fence and gate shall be structurally sound and maintained in good condition.
E. Items stored therein shall not be stored higher than the top of the fence or wall, unless specifically authorized by the Planning Commission for a conditional use.
(7) In the industrial district, an outdoor storage area located in a side or rear yard shall comply with the following:
A. Be located a minimum of twenty (20) feet from a side or rear lot line abutting a nonresidential district
B. Be located a minimum of fifty (50) feet from a side or rear lot line abutting a residential district.
C. The outdoor activity area shall be enclosed with a wall or fence with one (1) or more gates.
(8) Stored materials shall be accessible to fire fighting equipment at all times.
(9) The area devoted to outdoor storage shall be paved with asphalt or concrete, and maintained free from dust. The Planning Commission may grant a variance from the paving requirement if the applicant demonstrates that dust will be adequately controlled and the storage area will have little vehicular traffic.
(10) A area devoted to outdoor storage shall be included in the development plan and approved as part of the development plan review pursuant to Chapter 1111 (Development Approval Process).
(dd) Outdoor Storage of Fleet Vehicles and Equipment Related to the Primary Business. The outdoor storage of vehicles and equipment shall be permitted only as accessory to a permitted use:
(1) The stored vehicles or equipment shall be necessary to, customarily associated with, and used on a regular basis by the principal use of the premises.
(2) All stored vehicles and equipment shall be operable, and vehicles shall have a current vehicle registration.
(3) Location and Setbacks.
A. In the Special District, the outdoor storage area for vehicles and equipment shall be located in a rear yard in compliance with the parking setbacks in Schedule 1131.05, behind the principal building and not visible from a public street.
B. In a Commercial District, the outdoor storage area for vehicles and equipment shall be located in a rear yard in compliance with the parking setbacks in Schedule 1139.05(b), behind the principal building and not visible from a public street unless the outdoor storage is located on a corner lot.
C. In the Industrial District, the outdoor storage of fleet vehicles and equipment shall be located in a side or rear yard, in compliance with the parking setbacks in Schedule 1139.05(b).
(4) Fleet vehicles and equipment shall be stored within an opaque wall or fence with access secured by an opaque gate. The wall or fence shall be of sufficient height to conceal the vehicles and equipment therein from the view of an observer standing at grade on an abutting residential district line. The height of the fence or wall shall not exceed six (6) feet. The solid wall or fence and the gates shall be structurally sound and maintained in good condition. Barbed or razor wire is prohibited.
(5) Stored vehicles and equipment shall be accessible to fire fighting equipment at all times.
(6) An area devoted to outdoor storage of fleet vehicles and equipment shall be paved with asphalt or concrete, and maintained free from dust. The Planning Commission may grant a variance from the paving requirement if the applicant demonstrates that dust will be adequately controlled and the storage area will have little vehicular traffic.
(7) An outdoor storage area for fleet vehicles and equipment shall be shown in the development plan and approved as part of a development plan review pursuant to Chapter 1111 (Development Approval Process).
(ee) Parking Garage.
(1) A parking garage shall comply with the building setbacks in Schedule 1139.05(b). 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) 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) 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) The building materials shall be compatible with the surrounding buildings and character of the neighborhood.
(5) 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) 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.
(ff) 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 seventy-five (75) feet from a residence or residential zoning district boundary line fifty (50) feet from a street.
(gg) Recreation Facilities, Outdoor, Including: Commercial Recreation; Community Outdoor Active Recreation, including Public Swimming Pool; Pubic Park/playground; 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 (5) feet and a maximum height of six (6) 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) 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.
(8) 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.
(9) 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.
(10) For conditional uses, the Planning Commission may limit the maximum lot coverage of accessory buildings and lounging and deck areas, and the hours of operation so that the use is compatible with the surrounding uses.
(hh) School, (Public/Private) College/University, Trade or Vocational.
(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.
(ii) 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 R-1, R-2 and R-3 Residential Zoning Districts.
A. The maximum lot coverage shall be fifty percent (50%).
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.
(jj) Scientific Research, Development, Training or Testing Facility.
(1) The use shall be located on a lot with frontage on an arterial or collector street.
(2) The principal activities of the use shall occur within an enclosed building.
(3) Where the site is adjacent to a residential zoning district, hours of operation may be restricted.
(4) 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.
(kk) 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 twenty (20) foot buffer yard shall be installed along the residential zoning district boundary in which a six (6) 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.
(ll) Single-family Dwelling, Attached, Development. Attached single-family dwelling unit developments are permitted in areas where they are or may be appropriate and compatible with existing dwelling units on or near adjacent lots. The following standards are used to promote the efficient, economical, comfortable, and convenient use of land and open space; and provide an alternative to a conventional single-family development. A single-family attached dwelling unit development shall comply with the following requirements:
(1) No more than six (6) single-family attached dwelling units shall be constructed in one dwelling (building).
(2) An applicant must demonstrate by clear and convincing evidence that the multi-family residential use will be compatible with the surrounding area, including but not limited to the traffic circulation, parking, and appearance of the development.
(3) Minimum Project Site. The minimum project area requirement for an attached single-family dwelling development shall be three acres. .
(4) Maximum Density. The gross density shall not exceed five (5) dwelling units per acre.
(5) Minimum Setbacks. Dwellings shall comply with the following setbacks:
A. Wherever the perimeter abuts a public street, a minimum forty (40)-foot setback shall be provided.
B. Wherever the perimeter does not abut a public street, the minimum setback shall be thirty-five (35) feet from the side and rear lot line.
(6) Building Spacing. The minimum building separation shall be twenty-three (23) feet.
(7) Maximum Height. The maximum height of buildings in the development shall comply with Schedule 1133.05(c).
(8) The design, scale, and building materials shall be typical of a single-family residence.
(9) The height, size, building materials, window shape and arrangement, and roof pitch of the proposed units shall be architecturally compatible with the surrounding dwellings within an established residential neighborhood.
(10) Within the development, the front setbacks for adjacent units shall not be the same and shall vary a minimum of three (3) feet and a maximum of eight (8) feet.
(11) The front facade of each attached single-family dwelling unit shall be constructed with different building materials or have different architectural designs or treatments or both.
(12) Entrances from the public right-of-way to the attached single-family development shall be minimized and designed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any adjacent residential neighborhood. Parking spaces shall be located behind the front building setback line, provided an exception to this requirement may be granted due to depth of the lot, the location of mature trees, or other similar factors.
(12) Trash containers, recycling containers, and mechanical equipment shall comply with the screen requirements of Section 1153.13 (Screening of Accessory Uses).
(13) A subdivision plat shall be submitted with the development plan if the attached single-family dwelling units will be constructed on individual lots.
(mm) Single-family Cluster Infill Development.
(1) Purpose. The following standards promote the efficient and economical use of vacant parcels in residential neighborhoods by permitting single-family detached and attached units planned and designed as a cluster infill development.
(2) Project Site.
A. The project site shall be comprised of contiguous land that is not less than one acre, nor larger than five (5) acres;
B. Shall have a minimum of 100 feet of frontage on a public right-of-way; and
C. Shall be in one ownership, or if in several ownerships, the application shall be filed jointly by all owners of the properties included in the boundaries of the project site.
(3) Dwelling Types. Permitted dwelling unit types include:
A. Single-family detached units.
B. Single-family attached units, with no more than six (6) units attached in one building.
(4) Maximum Density. The gross density shall not exceed:
A. 2.5 dwelling units per acre in an R-2 District.
B. 2.9 dwelling units per acre in an R-3 District.
(5) Lot Requirements.
A. Ownership of land for individual dwelling units is permitted, but not required.
B. No minimum lot size is required, but the lot size and shape shall be sufficient to accommodate a dwelling unit in compliance with the spacing requirements of this Section.
C. Any land not owned by an individual dwelling unit owner shall be designated as common area and owned and controlled by the owner's association.
D. All fee simple lots, common areas, building site boundaries and building footprints that indicate where the dwelling unit and accessory structures such as decks and patios will be located, shall be shown on the development plan. The setbacks for each building location shall be shown to establish compliance with the spacing requirements of this Section.
(6) Dwelling Unit Requirements. Each dwelling unit shall comply with the minimum floor area for dwelling units in Section 1133.09 (Floor Area Requirements for Dwelling Units).
(7) Minimum Setbacks. Dwellings shall comply with the following setbacks:
A. Setback from Public Rights of Way. Setbacks equal to the minimum requirements in Schedule 1133.05(a) shall be provided along the perimeter of the project site that fronts upon a street.
B Side and Rear Setbacks. A setback equal to the minimum rear setback required in Schedule 1133.05(a) shall be provided along the perimeter of the project site that is not adjacent to a street.
(8) Minimum Spacing between Dwellings.
A. In order to ensure reasonable privacy and separation, the spacing between dwellings shall comply with the following:
1. Sixty (60) feet when one or both walls facing each other contains primary window(s) for a living area or has access to terraces, decks, or patios;
2. Twenty-five (25) feet when neither of the adjacent walls contains primary window(s) for a living area.
B. These distances may be reduced if/when the Planning Commission finds that adequate landscaping and screening ensures privacy between units, and that sufficient space is provided for the proper maintenance of the area, and for landscaping (including ground cover) to survive.
C. For the purposes of this section:
1. Living areas include the following rooms or spaces: bedrooms, dens, living rooms, great rooms, etc. Kitchen and dining areas are not subject to these requirements.
2. Primary windows are those windows on the wall of the living area that has the largest amount of area. When two (2) walls have equal window area, either wall may be considered as having the primary windows.
(9) Maximum Height. The maximum height of dwellings shall not exceed thirty-five (35) feet.
(10) Minimum Permanent Open Space and Common Land Requirements.
A. A minimum of ten percent (10%) of the project area shall be designated as permanent landscaped open space area, and preserved from future development according to this subsection.
B. Permanent Common Open Space. Land not designated for individual ownership shall be dedicated as common land, according to the following:
1. Legal instruments shall grant ownership and require perpetual maintenance of the common land by the developer, homeowners' association or other entity or organization approved by the City prior to final approval of the cluster development.
2. A Homeowners Association which takes title to common land shall comply with Section 1147.19 (Requirements for Homeowners Associations). Further division or development of common land shall be prohibited unless a Final Development Plan (FDP) is amended.
C. Privately Owned Permanent Open Space. As an alternative to common open space, the Planning Commission may determine that privately owned landscaped open space meets this requirement, according to the following:
1. Privately owned (fee-simple) open space shall be restricted from development by deed restrictions or open space easements that are clearly shown on the subdivision plat.
2. The Planning Commission may impose specific landscaping requirements and maintenance standards to ensure the permanent preservation of the open space.
(11) Additional Development Criteria.
A. An applicant must demonstrate by clear and convincing evidence that the cluster infill development will be compatible with the neighborhood, including but not limited to the traffic circulation, parking, and appearance of the development.
B. The design, scale, and building materials shall be typical of a single family residence.
C. The height, size, building materials, window shape and arrangement, and roof pitch of the proposed units shall be architecturally compatible with the surrounding dwellings within an established residential neighborhood.
D. Trash containers, recycling containers, and mechanical equipment shall comply with the screen requirements of Section 1153.13 (Screening of Accessory Uses)
E. For Attached Units:
1. The front setbacks for adjacent units shall not be the same and shall vary a minimum of three (3) feet and a maximum of eight (8) feet.
2. The front facade of each attached single family dwelling unit shall be constructed with different building materials or have different architectural designs or treatments or both.
3. Entrances from the public right of way to the attached single family development shall be minimized and designed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any adjacent residential neighborhood. Parking spaces shall be located behind the front building setback line, provided an exception to this requirement may be granted due to depth of the lot, the location of mature trees, or other similar factors.
(12) A subdivision plat shall be submitted with the development plan if any of the dwelling units will be constructed on individual lots or as condominium dwelling units.
(nn) Transitional Supportive Housing.
(1) The facility shall provide regular and ongoing services for residents, such as therapy, counseling, supervision and/or training, for the purpose of assisting residents in one or more of the following types of care:
A. Protection from abuse and neglect;
B. Developing skills and the personal stability that is necessary to adjust to life in the community; and
C. Treatment of the effects of substance abuse, even if under criminal justice supervision
(2) The applicant shall demonstrate that adequate qualified supervision will exist in the home on a twenty-four (24)-hour, seven (7) days a week basis. All activities, programs and other events shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.
(3) In order to prevent the concentration of such facilities, no transitional housing shall be located within 1,000 feet of any other transitional housing. Such distances shall be measured along a straight line from the corner of the building containing one facility to the nearest corner of the building containing the second facility.
(4) Prior to the issuance of a certificate of zoning compliance, the operator or agency shall provide evidence that a valid license, certification or other form of government approval has been obtained for the facility. If licensing or certification is not available, a verified affidavit so stating shall be presented. Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the facility's conditional use approval.
(oo) Two-Family Dwelling. Two-family dwellings are restricted to locations where they are designed and located in a manner that is compatible with the existing residential neighborhood.
(pp) Utility Substation/Distribution Facility.
(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 fifty (50) feet from the boundary line of a residence or a residential zoning district.
(qq) Warehousing, Wholesale Sales and Distribution.
(1) Retail uses accessory to the principal warehouse or wholesale sales and distribution use are permitted, provided the floor area devoted to retail sales does not exceed ten percent (10%) of the floor area of the principal building.
(2) Outdoor storage area shall be located in a side or rear yard, in compliance with the building setbacks in Schedule 1139.05(b), but not less than 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.
(3) The total area devoted to outdoor storage shall not exceed seventy-five percent (75%) of the gross ground floor area of the principal building.
(4) All areas devoted to retail sales and/or outdoor storage areas shall be shown in the development plan and approved as part of a development plan review pursuant to Chapter 1111 (Development Approval Process).
(Ord. 3273. Passed 5-9-24.)