The following conditional use regulations are specific requirements pertaining to the location and maintenance of certain conditional uses and are in addition to the general criteria set forth in Chapter 1151 and the lot area, width and yard regulations set forth in Section 1153.03.
(a) Places of Worship. In a residential district a place of worship shall be used only for local purposes of the congregation and shall not be used or operated as or in connection with a business, except for the renting of rooms for a use that provides a service to the community, i.e., day care, exercise classes, meeting space.
(b) Public and Private Schools, Parks and Playgrounds. In any district, the Planning Commission may require a school, park or playground to fence in the outdoor play area to minimize traffic hazards and buffer neighboring properties.
(c) Cemeteries. Existing cemeteries are a conditionally permitted use in AA, A, and B Residential Districts and may be permitted to expand no more than 150 feet from an existing property line provided no dwellings are destroyed in order to do so. No new cemeteries shall be permitted.
(d) Day Care Home. A conditional use permit for a child day care home in an AA or A District may be administratively issued by the Zoning Administrator, however Planning Commission review shall be required for a day care home in a B District. The property on which the child day care home is located shall not be contiguous at any point (including sharing the intersection of two (2) property lines) with the property on which an existing day care home is located; not be within 150 lineal frontage feet of the property on which an existing day care home is located; and not be directly across the street from any existing child day care home. The provisions contained in Section 1165.02 governing home occupations shall apply to a child day care home except that there shall be no restrictions as to the hours during which motor vehicles may bring children to or pick up children from the home.
(e) Day Care Center, Preschool. In a residential district, a day care center or preschool may be conditionally permitted provided the facility is located in a school, place of worship or a conditionally permitted adaptively reused non-residential building as set forth in Section 1153.05
(cc) of this Code. In a commercial district such uses may be conditionally permitted. In residential and commercial districts, a day care center or preschool having 49 or fewer wards may be conditionally approved by the Zoning Administrator; a facility with more than 49 wards shall require Planning Commission approval.
(f) Accessory Parking for a Commercial Use. In residential districts, parking lots contiguous to and within 150 feet of a C-2, C-2X or C-3 District and accessory to a use located within that District and conforming to the requirements of Chapter 1161 may be conditionally permitted in compliance with the following:
(1) For the purposes of this section, contiguous includes a parcel directly across a public right of way. The start of the 150 foot distance shall be measured from the side of the public right of way on such contiguous lot;
(2) An approved parking area shall be used solely for the parking of the passenger automobiles of the employees and customers of the use to which it is accessory;
(3) The Planning Commission may establish specific hours of operation;
(g) (Intentionally Omitted).
(h) Home Occupation in an Accessory Building. A home occupation in an accessory building may be conditionally permitted by the Zoning Administrator in any district provided that the following standards are met and maintained:
(1) There shall be no display or other indication from the exterior that the building is being utilized for any nonresidential purpose, and the external appearance of the structure in which the use is conducted shall be compatible with the dwelling unit and neighboring residential structures;
(2) There shall be no merchandise manufactured or processed for sale, bought, sold, exchanged or traded in or on the premises. A home occupation involving individual works of art and involving some machine process as part of the creation of individual works of art is permitted, provided it meets all other criteria of this section, and involves no direct sales of such works of art to consumers on a regular basis from the premises;
(3) There shall be no person employed or engaged in the furtherance of the home occupation other than a member of the immediate family residing in the same dwelling unit as the home occupation;
(4) There shall be no mechanical, electrical or chemical equipment used in furtherance of such home occupation, except such as causes no disturbances of any kind beyond the premises where the home occupation is located;
(5) There shall be no storage of material, goods or equipment used for a business activity conducted off the premises;
(6) There shall be no motor vehicles bringing clients or customers to the place of the home occupation other than for the periods from 9:00 a.m. to 5:00 p.m. on weekdays, and from 9:00 a.m. to 12:00 noon on Saturday. All such vehicles visiting the place of the home occupation shall be parked on private property;
(7) No home occupation shall be permitted in any accessory building, or portion thereof, where the conduct of such home occupation is or will be offensive to neighboring property owners or occupants of the same dwelling structure by reason of excessive noise, late hours or business activity, the intensity of the business activity or other such reasons; and
(8) No home occupation shall be permitted in that portion of a private parking garage that provides enclosed parking spaces for a dwelling unit in fulfillment of the required accessory parking spaces for such dwelling unit by this Zoning Code.
(i) Outdoor Community Festivals. An outdoor community festival may be conditionally permitted in any district in compliance with the following:
(1) In any district, the festival shall be sponsored by a street club, neighborhood association, religious or educational institution, or other nonprofit community organization.
(2) In a commercial district, a local merchant's organization or special improvement district shall be permitted to sponsor a festival.
(3) The Zoning Administrator may approve a conditional use permit for a festival lasting up to four (4) consecutive days. Festivals for five (5) or more consecutive days shall be approved by the Planning Commission.
(4) A festival may include activities in an area where property is publicly owned so long as the owner of such public property files with the application for such event a written consent to the activities proposed on its property.
(5) The permit issued for such use shall contain special limitations thereon in accordance with the difference in circumstances which may attend each such requested use.
(j) Dormitories, Sororities and Fraternities. In a multiple-family or commercial district, dormitories, sororities and fraternities, and associated dining halls may be conditionally permitted provided that:
(1) The land upon which such use or combination of uses is proposed to be located shall be owned by or under the permanent or continuing control of a recognized, established and operating educational institution which conducts a full-time program of educational instruction;
(2) The proposed use shall be for the purpose of furnishing housing or other permitted use facilities for students, faculty or permanent administrative personnel of such educational institution;
(3) Sleeping and living facilities shall be designed and arranged for such purposes only, and no student dormitory or other separate arrangement of dormitory rooms for such purposes shall contain any permanent cooking facilities in those rooms used for sleeping and living facilities;
(4) The land upon which it is proposed to establish such use shall be within one-half (1/2) mile of the educational facilities of the institution proposing to establish such use;
(5) The parcel upon which such use is to be established shall contain not less than 400 square feet of land area for each person proposed to be housed in any building to be constructed in connection with such use and have direct access to a duly dedicated public street or highway. Ingress and egress therefrom shall be provided by means of roads or drives of such number, location and character as shall be sufficient to supply necessary public or private services to the property and the residents therein;
(6) Off-street parking shall be supplied in accordance with Chapter 1161. However, in determining off-street parking requirements, the Planning Commission shall take into consideration and allow credit for any existing or proposed off-street parking facilities either owned or controlled by the educational institution the use of which is available to such educational institution in a manner other than as merely a member of the general public;
(7) The size, type, location and arrangement of all sleeping or living rooms in any building shall be such as will provide adequate light and air or other means of ventilation for the occupants thereof. However, no provision of the Codified Ordinances or ordinance establishing standards for area of rooms for multiple-family dwellings shall be deemed to apply to a building or use approved under this subsection, and in any combination of rooms designed for occupancy by more than one (1) person, there shall be contained not less than 150 square feet of floor area for the first occupant thereof, and not less than 100 additional square feet of floor area for each additional occupant thereof.
(k) Boarding Houses, Lodging Houses, Convents, Monasteries and Other Congregate Living Facilities. Congregate living facilities may be conditionally permitted in multiple-family and commercial districts provided that the land area per bed shall be not less than the following:
(1) In a MF-1 District, the minimum land area per bed shall be 1,500 square feet;
(2) In MF-2, MF-3 and all commercial districts, the minimum land area per bed shall be 750 square feet.
(l) Drive-Thru and Drive-In Facilities. Drive-thru and drive-in facilities may be conditionally permitted in a C-1, C-2, C-2X or C-3 District in association with a permitted use as set forth in Schedule 1131.02 and may be regulated according to the following:
(1) Such facility should be located so as to be the least disruptive to pedestrian traffic;
(2) The location of access drives shall be evaluated according to Section 1161.10;
(3) For locations where such facility abuts a residential district, a buffer yard along the entire length of the common boundary between the commercial district and the residential district shall be required pursuant to Section 1165.07;
(4) The Planning Commission may impose restrictions on the hours of operation.
(5) Drive aisles of drive-through facilities shall only be permitted in the rear or interior side yard. Such facilities shall be effectively screened from view along the public right-of-way and at the edges of sites adjacent to residential properties in order to minimize the impact of exterior site lighting, headlight glare and any menu intercom displays. Such screening shall be approved during the site plan review process and shall consist of an opaque masonry wall (stone, stucco or brick), a solid wood or simulated wood screen fence, or dense evergreen hedge six (6) feet in height. Plant materials shall be installed along any fence or wall to provide a softening effect.
(m) Automatic Teller Machines. An Automatic Teller Machine ("ATM") on the outside or in a vestibule of principal building, and which is accessible during no regular business hours or enclosed separately in a freestanding building, shall only be permitted as a conditional use and shall be developed according to the following:
(1) Such facility should be located so as to be the least disruptive to pedestrian and vehicular traffic;
(2) There shall be adequate and safe standing space for persons waiting to use the facility;
(3) The Police Division has determined that the location and operation of the proposed ATM would not constitute a traffic or safety hazard;
(4) The Planning Commission may require additional parking spaces, if deemed necessary, than otherwise required for the principal use; and
(5) The ATM shall be owned and operated by the financial establishment on the same premises.
(n) Animal Clinics, Veterinary Offices and Animal Grooming. An animal clinic, veterinary office or animal grooming establishment may be conditionally permitted in a C-2, C-2X or C-3 District provided such use is located in a building having adequate soundproofing and odor controls to ensure that any noises and odors associated with the operation of the facility are not detectible on neighboring properties. See Section (bb), “Animal day-care facilities and overnight boarding of animals”.
(o) Convenience Retail in an Office Building. In a C-1 District, convenience retail uses may be conditionally permitted to occupy no more than an area equal to one hundred percent (100%) of the ground floor of a permitted office building, however when such use occupies less than fifty percent (50%) of the ground floor such use shall be deemed an accessory use and shall not require Planning Commission approval. In any case, access to such ground floor retail use shall be through the primary means of egress to the principal building and no exterior signage for such retail use shall be permitted.
(p) Outdoor Dining. In C-1, C-2, C-2X and C-3 Districts, an outdoor dining facility may be conditionally permitted. An outdoor dining facility located on private property and having twenty-five (25) or fewer seats may be approved by the Zoning Administrator; a facility with more than twenty-five (25) seats shall require Planning Commission approval. Shared Spaces shall not be subject to these regulations, but, rather, shall follow the Shared Spaces Manual, as may be updated from time-to-time. In granting approval for an outdoor dining facility, except for a Shared Space, the following standards shall apply:
(1) The facility shall only be used in conjunction with, and under the same management and exclusive control of, a restaurant located on the same or contiguous property.
(2) The use shall not interfere with the flow of pedestrian traffic. The approving authority shall determine to what extent, if any, such use may encroach upon the public right-of-way, provided that an unobstructed walkway of a width specified in the conditional use approval is reserved for public passage. In no case shall the unobstructed walkway be less than six (6) feet in width.
(3) Before a conditional use permit is granted for the use, it shall be determined that the facility will not create an undue parking shortage within the district.
(4) Temporary stanchions with chains or ropes may be approved for the outdoor dining facility, the extent and nature of which shall be set out in the conditional use permit. Fencing shall be subject to regulations in Section 1131.08(
c).
(q) Dance, Exercise, and Martial Arts Studios and Similar Uses. In commercial districts, dance, exercise or martial arts studios may be conditionally permitted. A dance, exercise or martial arts studio having 49 or fewer students may be conditionally approved by the Zoning Administrator; a facility with more than 49 students shall require Planning Commission approval.
(r) Automobile Sales, New or New and Used, and Auto Rental. Establishments offering new or new and used vehicles for sale may be conditionally permitted in a C-2 or C-3 District, and establishments offering automobiles for rental may be conditionally permitted in a C-3 District, in compliance with the following items (1) through (6):
(1) Sale of new automobiles means a building and land used by a franchised automobile dealer principally for the sale of new automobiles. The sale of used automobiles may be permitted as an accessory use provided the inventory of used automobiles does not exceed fifty percent (50%) of the overall inventory at any one (1) time.
(2) Service garage, leasing department and other activities customarily incidental to a full service franchised automobile dealer shall be permitted as accessory to the sale of autos provided these activities are conducted in wholly enclosed buildings.
(3) Only repair of automobiles customarily associated with automobile sales shall be permitted, and shall be conducted inside a suitable building.
(4) No junk, inoperative or unlicensed vehicle will be permitted to remain outside on the property for more than forty-eight (48) hours.
(5) All outdoor wiring, including electrical and telephone wiring, shall be installed underground.
(6) Locations where such use abuts a neighborhood district or dwelling shall also provide a buffer zone along the entire length of the common boundary between the commercial use and the residential use which shall be maintained not less than ten (10) feet in depth. This buffer zone shall be landscaped with grass, shrubbery and trees, as approved by the Planning Commission and shall contain a solid brick wall three (3) feet in height from the residential building line of the adjoining residential use to the street, and six (6) feet in height from such residential building line to the rear property line of the adjoining residential use.
(s) Sales and Rentals of New Trucks, New Trailers, and New Boats. In a C-3 District, the sale or rental of new trailers, new boats, and new trucks not exceeding three- quarter (3/4) ton rate capacity may be conditionally permitted provided that:
(1) The sale and storage of such vehicles is on the same lot or on a lot contiguous to the principal use;
(2) Vehicles may be stored outside provided the storage area is adequately screened in compliance with Section 1165.05(c);
(3) There shall not be more than fifty (50) vehicles located on the site outside of a completely enclosed building at any one (1) time;
(4) All work on vehicles, including but not limited to cleaning, servicing and repair, shall be done only inside a suitable service building;
(5) No junk, inoperative or unlicensed vehicle will be permitted to remain outside on the property for more than forty-eight (48) hours;
(6) All outdoor wiring, including electrical and telephone wiring, shall be installed underground;
(7) Locations where such use abuts a residential district or dwelling shall also provide a buffer zone along the entire length of the common boundary between the commercial use and the residential use which shall be maintained not less than ten (10) feet in depth. This buffer zone shall be landscaped with grass, shrubbery and trees, as approved by the Planning Commission and shall contain a solid brick wall three (3) feet in height from the residential building line of the use to the street and six (6) feet in height from such residential building line to the rear of the residential use or residential district property line.
(t) Gasoline Stations. In a C-3 District, a gasoline station may be conditionally permitted in compliance with the following:
(1) Such use should be located so as to be the least disruptive to pedestrian traffic;
(2) A legal, nonconforming gasoline station in a C-2 District shall comply with the standards and regulations set forth in Section 1131.09;
(3) A gasoline station may be combined with a car wash or service station provided that the minimum lot area shall be no less than 30,000 square feet and that such dual use is in compliance with the regulations established for each use.
(u) Automobile Service Station - Major Repair, Automobile Service Station - Minor Repair, Car Wash. In a C-3 District, an automobile service station or a car wash may be conditionally permitted provided that:
(1) There shall be a minimum building floor area of 1,200 square feet;
(2) All activities including cleaning, washing and drying operations shall take place inside the building;
(3) No merchandise except oil may be stored or displayed outdoors;
(4) No junk, inoperative or unlicensed vehicle will be permitted to remain outside on the property for more than forty-eight (48) hours;
(5) All outdoor wiring, including electrical and telephone wiring, shall be installed underground;
(6) Locations where such use abuts a residential district or dwelling shall also provide a buffer zone along the entire length of the common boundary between the commercial use and the residential use which shall be maintained not less than ten (10) feet in depth. This buffer zone shall be landscaped with grass, shrubbery and trees, as approved by the Planning Commission and shall contain a solid brick wall three (3) feet in height from the residential building line of the use to the street and six (6) feet in height from such residential building line to the rear of the residential use or residential district property line;
(7) An automobile service station or car wash may be combined with a gasoline station provided the minimum lot area shall be no less than 30,000 square feet and the regulations for each use are maintained.
(v) Game rooms. In a C-2, C-2X and C-3 District, an indoor game room may be conditionally permitted provided that:
(1) The Fire Division shall determine that the premises is not in violation of any provision of any statute, ordinance or Fire Safety Code adopted by the State of Ohio or the City;
(2) The Fire Division shall determine that the floor plan submitted by the applicant as a part of the application for the permit would not violate any provision of any statute, ordinance or Fire Safety Code adopted by the State of Ohio or the City, and would not otherwise endanger the fire safety of persons using the premises;
(3) The Police Division shall determine that the supervision and security plan submitted by the applicant as a part of the application for the permit is adequate to maintain security and lawful order within the game room premises, in its required parking areas, and upon the public right of way abutting upon the premises;
(4) The Planning Commission shall determine that the sound control plan submitted by the applicant as a part of the application for the permit is adequately designed, in order that the sounds produced within the premises shall not be heard by persons outside of the premises;
(5) If the game room premises, or its required parking areas, are within 200 feet of the property line of any single, double or multiple-family residence, then the game room shall cease its operation not later than midnight on Friday and Saturday nights, and no later than 10:00 p.m. on all other nights, and shall not commence operation before 8:00 a.m. on any day. However, if such residence is located in a commercial use district, or in a special use district, then the Commission shall have the authority, based upon the evidence, to modify the requirements of this subsection;
(6) The applicant is in compliance with the applicable off-street parking ordinances and regulations of the City;
(7) Any conditional use permit issued pursuant to the provisions of this subsection shall be subject to the applicant's obtaining of the appropriate license from the City. The conditional use permit shall remain in effect only so long as the applicant possesses such a license and such license has not been suspended or revoked. The issuance of a conditional use permit is not intended to be, and shall not serve to modify in any way, the requirements for the obtaining of a license for a billiard room, bowling lane or amusement device, or with the jurisdiction of the Mayor relating thereto.
(w) Satellite Dish Receiving Antenna. In any district, an antenna may be conditionally permitted by the Zoning Administrator subject to the following regulations:
(1) No satellite dish receiving antenna shall be located in the front or side yard of a dwelling or other building;
(2) A satellite dish receiving antenna may be located on the roof of a building in a residential district only if it is not technically feasible to locate the dish in the rear yard and if the dish is located in such a manner that it is not visible from the public streets or any neighboring premises. A satellite dish receiving antenna may be located on the roof of a building in a commercial district only if it is located or screened so that it is not visible from the public streets, or, its visibility will not adversely impact the overall character and orderly appearance of the neighborhood in which it is located.
(3) No sign shall be permitted on a satellite dish receiving antenna;
(4) The satellite dish receiving antenna shall be constructed and anchored in such a manner as to be able to withstand a wind force of up to 100 miles per hour;
(5) The perimeter of the satellite dish receiving antenna shall be landscaped or otherwise screened in such a manner as will not cause the presence of the satellite dish receiving antenna to interfere with or diminish the use and enjoyment of the adjacent properties;
(6) In all residential districts through MF-2, the landscaping or other screening must be sufficient to preclude visibility of the satellite dish receiving antenna from the first floor of adjacent residences;
(7) The diameter of a satellite dish receiving antenna shall not exceed ten (10) feet in any residential district through MF-2 and shall not exceed fifteen (15) feet in any other district;
(8) Except in cases where a satellite dish receiving antenna is located on the top of a building, the height of a satellite dish receiving antenna shall not exceed fifteen (15) feet in any residential district through MF-2 and shall not exceed twenty (20) feet in any other district;
(9) All setback requirements for the zoning district in which a satellite dish receiving antenna is to be located shall be complied with, and no variance shall be granted with respect to this requirement;
(10) A satellite dish receiving antenna shall not be used for the transmitting of any radio or television signal or for any other purpose that would result in an interference with the radio and/or television reception of surrounding properties;
(11) Application for the issuance of a conditional use permit pursuant to this section shall include a site plan indicating the location of the proposed satellite dish receiving antenna on the property and shall include all technical data necessary for the consideration of the application.
(x) Meeting Room. In commercial districts, meeting rooms may be conditionally permitted. A meeting room accommodating 49 or fewer persons may be conditionally approved by the Zoning Administrator; a meeting room which accommodates more than 49 persons shall require Planning Commission approval.
(y) Flower or Plant Store Outdoor Display. Outdoor display of flowers and plants may be permitted at a flower or plant shop, provided that:
(1) The location of the outdoor display is limited to privately owned property and shall not encroach upon public property;
(2) The spatial limits of the outdoor display shall provide adequate room for pedestrian ingress and egress;
(3) No price tags or signage shall accompany the outdoor display;
(4) Plant materials shall be in sturdy and substantial containers; and
(5) The display shall be for decorative purposes rather than commercial display of plant material merchandise.
(z) Retail Plant Nursery and Garden Supply Business. A retail plant nursery and garden supply business with outdoor display of plant materials may be permitted in a C-2, C-2X, and C-3 Districts in accordance with the following:
(1) Outdoor display shall be limited to living plants in containers or balled and burlaped, and bulk supplies. All dead and diseased plants, empty tables and any other unutilized materials shall be immediately removed from outdoor areas;
(2) Storage and sale of firewood shall be a minimum of thirty feet from the property line of any residential use or district and fifteen feet from the property line of any commercial use or district. The Fire Warden shall also review any proposed firewood storage or sale area and may request that the Planning Commission place additional restrictions upon a specific installation due to potential fire hazards as described in the Ohio Fire Code. Additional regulations for the prevention of the harborage of pests may also be required.
(3) Plant identification and cost signs shall be limited in size to five tenths square feet (six inches by twelve inches) and in number to one (1) sign for each distinct group of plants;
(4) Outdoor plant displays shall be set back from all property lines a minimum of ten (10) feet or screened with a fence and/or evergreen hedge;
(5) Maximum fence and/or evergreen hedge height shall conform with district limits, with the exception of property lines along rights-of-way, where the maximum height shall be three (3) feet, six (6) inches;
(6) All outdoor lighting shall be directed from periphery toward interior of site, and there shall be no direct light spillover to adjacent properties;
(7) Drainage from outdoor plant display areas shall be contained on the property and directed to storm drains;
(8) Spraying shall not create a hazard or nuisance to neighboring properties;
(9) Motorized equipment shall be limited to devices with noise levels conforming with Section 509.03(b) of the Codified Ordinances;
(10) All outdoor activity shall be confined between the hours of 7:00 a.m. and 10:00 p.m.;
(11) The arrangement of principal and accessory structures may be varied by the Planning Commission to allow flexibility and encourage development of neighborhood garden centers. The minimum front, side and rear yard requirements for principal uses in the applicable district shall still be in effect. Excluding the area within these required setbacks however, principal and accessory structures and buildings may be arranged by approval of the Planning Commission without a variance from the Board of Zoning Appeals.
(12) Bulk storage and sale of materials such as peat moss, sand, mulch and topsoil shall be permitted outdoors if the materials are in individual bags in a location approved by the Planning Commission. Such bulk storage shall be a minimum of thirty feet from the property line of any residential use or district and fifteen feet from the property line of any commercial use or district. The Planning Commission may also approve bulk storage and sale of such materials if the material is fully surrounded by walled bins. Unreasonable runoff, dust and other undesirable side effects from such outdoor storage shall be mitigated so as to not create a nuisance to neighboring properties. The area occupied by bulk storage shall not exceed ten percent (10%) coverage of the lot area.
(aa) Attached Single-Family Dwelling Unit. Attached single-family dwelling units may be conditionally permitted in B, A, AA, and MF Districts in accordance with the following:
(1) In A, AA, and MF Districts, attached single-family dwelling units may be conditionally permitted only on lots which contain legally non-conforming side-by-side two-family dwellings.
(2) Each attached single-family dwelling unit must be on a separate parcel. When applicable, lots must be subdivided per Section 1111.06(b)(5).
(3) Attached single-family dwelling units shall be permitted only on corner lots on which each dwelling unit fronts upon a different street.
(4) Each attached dwelling unit shall have its own driveway and provide the requisite number of accessory parking spaces per this Zoning Code.
(5) Before approving a necessary resubdivision or granting a conditional use permit for an attached single-family dwelling unit, the Planning Commission must ascertain that the following requirements have been met:
A. Existing dwelling units which are converted to attached single- family dwelling units must be brought into compliance with all applicable regulations of the Cleveland Heights Housing and Building Codes.
B. To the extent feasible, each unit shall be required to have separate utility meters and separate HVAC systems.
C. The owner(s) shall provide, through deed restrictions or other appropriate legal documentation approved by the City’s Director of Law, access to and maintenance of the common areas and other areas which, as a practical matter, should be maintained jointly including, without limitation, party walls, roofs, foundations, sewer and water lines, and mechanical systems which are not able to be separated, and to provide for uniform appearance of the exterior of the house.
(bb) Animal Day-Care Facilities and Overnight Boarding of Animals. An animal day- care facility may be conditionally permitted in a C-2, C-2X, or C-3 District, provided the standards listed in this subsection are met. Overnight boarding of animals may be conditionally permitted in conjunction with an animal clinic, veterinary office, animal grooming facility, or animal day-care facility in a C-2, C- 2X, or C-3 District. In the process of applying for a conditional use permit, the applicant shall clearly set out a plan to assure that animals will be cared for in a humane, safe, and sanitary manner, and that all feasible steps will be taken to limit negative impacts on the surrounding neighborhood. The applicant shall provide floor plans and accompanying commentary explaining how the standards listed below shall be met.
(1) Facilities shall be subject to inspection by an animal control officer, the Zoning Administrator, the Building Commissioner, or their designated agent(s) upon request during business hours.
(2) Facilities must provide and adhere to a plan for minimizing negative impact of the operation on neighboring properties due to noise, odors or other external effects of the operation.
(3) Facilities shall have adequate exhaust outlets as approved by the Building Commissioner. Outdoor exhaust shall terminate at a point at which it will not be drawn into a ventilation system of a neighboring property and any odors will not be detectible on neighboring properties.
(4) Outdoor runs and activity areas should be sufficiently distant from neighboring properties to ensure that activities therein do not cause a nuisance to occupants of those neighboring properties.
(5) All dogs on the premises must be licensed.
(6) All waste shall be disposed of with adequate frequency and in such a sanitary manner as to avoid odors, vermin or other nuisance conditions or the spread of disease.
(7) The facility shall be maintained in a humane, safe and sanitary condition in accordance with accepted veterinary standards to ensure the health, safety and welfare of animals on the premises.
(8) Failure to comply with the conditions set forth in this section and any additional conditions imposed by the Planning Commission shall be grounds for revocation of the conditional use permit.
(cc) Adaptive Reuse of Existing Non-Residential Buildings in Residential Districts. The following provisions are for adaptive reuse of a non-residential building such as a place of worship, library or school into a use compatible with the larger residential district. Adaptive reuse of non-residential buildings in residential districts is allowed by conditional use and subject to the following standards:
(1) The existing building is clearly non-residential in its original construction.
(2) A non-residential building in a residential district may be converted to the following uses:
A. Multiple family dwelling
B. Office
C. Industrial design
D. Limited research and development
E. Recreation and education classes such as exercise, art, writing, theater, continuing education, after-school programs, etc.
F. Other uses similar to (A) through (E) that are found to be compatible with the larger residential district.
(3) Off-street parking is required in accordance with Chapter 1161 of this Code.
(4) The character of the site and community amenities should be preserved, maintaining a balance between the building, green space and parking.
(5) These shall be no mechanical, electrical or chemical equipment utilized in furtherance of use, except as causes no disturbances of any kind beyond the premises where the use is located.
(6) The conduct of such use shall not be offensive to neighboring property owners or occupants by reason of excessive noise, late hours of business activity, the intensity of the business activity or other such reason.
(7) The use must provide and adhere to a plan for minimizing negative impact of the operation on neighboring properties due to noise, hours of operation or other external effects of the operation.
(8) Signage shall meet the requirements of the original use as set out in Chapter 1163.
(9) For any non-residential use, outside storage or display is prohibited. All servicing, processing and storage uses must be fully enclosed.
(10) Diminished setbacks due to alterations or additions shall meet the setback requirements of the original use as set forth in Schedule 1153.03 unless a variance is obtained.
(dd) Farmers' Markets. A farmers' market may be conditionally permitted as a temporary use for specific periods of time and specific hours of operation in all districts by the Zoning Administrator in compliance with the following:
(1) Farmers' markets may be operated on a property occupied by a place of worship, school facility, public park or other public property, library, an adaptive reuse of a nonresidential building or on a parking lot in a commercial district.
(2) Farmers' markets may be operated in a parking lot only if parking within the lot is not necessary for off-street parking purposes during the time that the farmers' market will be operated.
(3) Farmers' markets may not be operated on a property principally used for residential purposes.
(4) Only the following products may be exhibited or offered for sale: fresh eggs and dairy goods, meats, fruits, vegetables, juices, flowers, plants, herbs and spices produced or grown by the vendor, foods made by the vendor, and arts and crafts made by the vendor.
(5) As a part of its application, the operator shall provide and commit to an appropriate litter abatement program.
(6) Operation of the farmers' market shall not cause a nuisance or disturbance to neighboring properties.
(ee) Community Gardens. A community garden may be conditionally permitted in all districts by the Zoning Administrator provided the standards listed in this subsection are met:
(1) The applicant shall establish that the contiguous property owners have been notified about the intended use and have no objection.
(2) The applicant shall provide information establishing that an adequate water source is available.
(3) Community gardens are limited to the cultivation of herbs, fruits, flowers, or vegetables including the cultivation and tillage of soil and the production, cultivation, growing and harvesting of any agricultural, floricultural or horticultural commodity.
(4) One (1) bee hive may be kept in a Community Garden provided the following standards are met:
A. The community garden members have agreed to permit the keeping of bees in the community garden
B. The bee hive must be registered with Ohio Department of Agriculture.
(5) The keeping of livestock or other animals is prohibited.
(6) The Applicant must establish that the soil to be used in the community garden has been tested and is sustainable for the intended use. Soil testing is not required for planter boxes.
(7) The site must be designed and maintained so that water and fertilizer will not drain onto adjacent property.
(8) The growing of intoxicating or poisonous plants is prohibited.
(9) The use of herbicides and weed killers is prohibited.
(10) The premises on which the community garden is located shall be maintained free of litter and debris.
(11) Composting shall comply with Section 1121.12(o).
(12) Areas of dry, loose soil that may be moved by wind must be covered by mulch or otherwise confined.
(13) A landscape screen or open fence is required along the front and corner side lot line to define and screen the garden. Fences of up to four (4) feet in height are permitted and shall be constructed of wood, ornamental metal or other material. Decorative fences are encouraged along the front and corner side lot lines. Six (6) foot solid fences or the adjoining owner's consent for an alternative landscape or fence plan are required along the interior side and rear lot line.
(14) The use shall not require off-street parking.
(15) The application shall identify and show the location of any proposed compost bins or rain barrels or other proposed structures.
(16) Maintenance of the community garden will not cause a nuisance or disturbance to neighboring properties.
(17) Use of insecticides made from synthetic chemical materials is prohibited. Acceptable alternatives, applied in accordance with established safe handling instructions, include rotenone, pyrethrin and Safer Soap.
(ff) Commercial Renewable Energy Systems. Commercial Renewable Energy Systems ("Solar Farms") may be permitted as a conditional use by the City Planning Commission in C-1, C-2 and C-3 Districts provided the standards listed in this section are met:
(1) The minimum lot size for a Solar Farm shall be two (2) acres.
(2) Solar panels shall be erected no less than 25 feet from any property line and all other structures on the property must meet District yard requirements.
(3) On-site power lines shall be placed underground to the extent possible.
(4) The entry to office or guests' facilities shall address the street, with direct access to office or guest facilities from street frontage and parking areas.
(gg) Chicken Coops and Runs.
(1) Chicken coops and runs may be conditionally permitted in the AA, A, and B Districts by the Zoning Administrator provided the standards listed in this subsection are met:
A. A maximum of four (4) chickens may be kept on the property.
B. No commercial activity will result from the keeping of chickens on the property.
C. Roosters are not permitted.
D. Chicken coops and runs shall be allowed in the rear yard only.
E. Chicken coops and runs shall be located a minimum of ten (10) feet away from any principal building and ten (10) feet from an adjacent lot. At all times, chickens shall be contained within the coop and/or run.
F. The facility shall be kept in good repair, maintained in a clean and in a sanitary condition, and free of vermin, obnoxious smells and substances. The facility will not create a nuisance or disturb neighboring residents due to noise, odor, damage or threats to public health.
G. The chicken coop and run shall be designed to ensure the health and well-being of the animal is not endangered by the manner of keeping or confinement and to protect the chickens from animals and to prevent unauthorized access to the chickens by general members of the public.
H. The chicken coop and run shall be adequately lighted and ventilated.
I. The coop and run enclosures shall be of uniform and sturdy design and shall be constructed and maintained in good condition to protect the safety of the chickens and the aesthetics of the neighborhood.
J. Chicken coop and run fencing material shall be securely fastened to posts of reasonable strength firmly set into the ground and, if used, chicken wire or other woven wire shall be stretched tightly between support posts.
K. No storage of chicken manure shall be permitted within twenty (20) feet of the property line.
L. Chickens shall be kept in coops from dusk to dawn.
M. Slaughtering of the chickens is prohibited.
(2) Zoning Administrator shall verify general compliance with the Codified Ordinances before issuing conditional use permit.
(hh) Hotel. In a C-1, C-2, C-2X or C-3 district, a hotel may be conditionally permitted in compliance with the following:
(1) Patron drop-off area(s) shall be located and/or screened to minimize negative effect on adjacent residential properties. The design and operation of the drop-off shall cause minimal disturbance to the flow of vehicles on public streets and safety of pedestrians on public sidewalks.
(2) All delivery, refuse, HVAC equipment, emergency power equipment areas, drop-off areas, and loading berths shall be located and oriented to minimize negative effect on adjacent properties and screened in accordance with Code Section 1166.10.
(3) Hotel staff shall be on-site 24 hours each day.
(4) Overnight parking of trucks with more than 2 axles or recreational vehicles shall be only in areas as designated on Planning Commission approved site plan. (Ord. 025-2023. Passed 6-5-23; Ord. 127-2023. Passed 11-6-23.)