The following uses may be allowed in the Limited Density Residential District (R-1) subject to approval in accordance with Chapter 1145:
(a) Churches and other similar places of worship and parish houses provided said use occupies a lot of not less than three acres;
(1) The minimum lot width is 300 feet.
(2) The lot is adequate to accommodate the required off-street parking requirements of the church in accordance with Chapter 1185.
(3) The church building is set back from any adjacent residential property line a distance equal to or greater than the height of the structure exclusive of the steeple or spire. The church lot is accessible to a major arterial in a manner that does not require the passage of traffic through local residential streets.
(4) There is one acre or more per 100 seats or similar accommodations in the main assembly hall.
(5) Accessory living quarters may be provided on the church lot as a conditional use. The location, density, and the additional lot area required for such uses shall be subject to approval by Council. Accessory recreational uses may be provided on the church lot as a conditional use subject to approval by Council.
(b) Public uses: parks, playgrounds, recreation and community center buildings and grounds, golf courses, public swimming pools, tennis courts and similar recreational uses, provided that any principal building or swimming pool used therefore shall be located not less than 150 feet from any other lot in any residential district unless otherwise approved as part of the development plan within a planned development district.
(1) All golf course facilities shall be in accordance with the following provisions in addition to any other conditions required by Council:
A. The hours of operation of the golf course shall be limited from dawn to dusk to prevent undue disturbance to neighboring uses.
B. All maintenance equipment shall be stored in sheds or other structures and away from view.
C. No hole or green shall be located within 200 feet of an existing residential structure unless otherwise approved as part of the development plan within a planned district.
D. Council may require fencing, walls, landscaping, earth mounds or other measures where it is determined that buffering or screening is necessary to manage land use conflicts and/or protect the public safety unless otherwise approved as part of the development plan within a planned district.
E. Parking area requirements shall conform to Chapter 1185.
F. The minimum floor area requirements for the clubhouse or management structure shall be 5,000 square feet.
G. Any golf courses hereinafter constructed within designated areas of Commercial Point shall occupy not less than 150 acres.
(2) All private outdoor recreational facilities shall be in accordance with the following provisions in addition to any other conditions required by Council:
A. Minimum lot area for a private recreational facility shall be no less than six acres.
B. Setbacks: Front = 100 feet for structures and 75 feet for parking; rear = 75 feet; side = 75 feet.
C. All structures and playing fields for outdoor recreation shall be located at least 250 feet and drives and parking areas shall be at least 50 feet from any adjacent parcels where residences are a permitted use.
D. Where a landscaped screen is not already required adjacent to another parcel, one deciduous tree shall be provided for every 40 feet of parking lot boundary and loading/unloading area, plus a three foot average height continuous planting, hedge, fence wall or earth mound. The same parking lot perimeter screening shall also be provided adjacent to the public right-of-way. At least one tree per 5,000 square feet of parking area shall be provided within the parking lot.
E. All outdoor playing fields, courts and other similar outdoor recreation facilities must be secured at night to prevent unauthorized access. While no lighting will be permitted on any such outdoor recreation facility, security lights may be approved for any permanent facilities at the site.
F. The maximum density allowed on any parcel shall not exceed one field for every five acres.
G. A minimum of 35 parking spaces shall be provided for every field at the site. All parking areas shall be constructed in accordance with Chapter 1185.
H. A minimum eight foot high landscaped screen or combination mound and plant material with a 90% year round opacity shall be provided on any side of the site adjacent to parcels where dwellings are a permitted use. If a mound is used it shall be constructed with no more than a 4:1 slope. Mounds shall not be constructed to restrict the natural flow of surface water to or from the site.
I. Access shall be from an arterial street or commercial collector or shall be provided in a manner that does not cause heavy traffic on residential streets.
J. Permanent toilet facilities, connected to a sanitary sewer or other approved on site disposal system, must be provided with the following minimum number of fixtures: women - five toilets and two lavatories, men - one toilet, two urinals and two lavatories, additional fixtures must be added at the rate of three for every two fields over four fields per site.
(3) All private indoor recreational facilities shall be in accordance with the following provisions in addition to any other conditions required by Council:
A. Minimum lot area for an indoor private recreational facility shall be no less than five acres.
B. Setbacks: Front = 100 feet for structures and 75 feet for parking; rear = 75 feet; side = 75 feet.
C. Driveways and parking areas shall be at least 50 feet from any adjacent parcels where residences are a permitted use.
D. Where a landscaped screen is not already required adjacent to another parcel, one deciduous tree shall be provided for every 40 feet of parking lot boundary and loading/unloading area, plus a three foot average height continuous planting, hedge, fence wall or earth mound. The same parking lot perimeter screening shall also be provided adjacent to the public right-of-way. At least one tree per 5,000 square feet of parking area shall be provided within the parking lot.
E. No exterior lighting shall be positioned so as to extend glare on adjacent property or public right-of-way.
F. All activities shall be conducted entirely within an enclosed building.
G. Access shall be from an arterial street or commercial collector or shall be provided in a manner that does not cause heavy traffic on residential streets.
H. Parking shall be in accordance with the requirements of Chapter 1185.
(c) Public and private schools.
(d) Home occupations associated with a principal use and in accordance with Chapter 1187.
(e) Rest homes, nursing homes, children's nurseries of day care centers, and pre-school provided that the following conditions are met, where applicable:
(1) The building occupied by the use is compatible with neighborhood structures in dimension, size, and architecture.
(2) There is an outdoor play area of 85 square feet or more per child.
(3) Such play area shall be enclosed with a chain link fence or its equivalent in strength and protective character to a height of five feet to control accessibility of children to adjoining hazardous conditions such as streets, ponds, etc., or adjacent yards.
(4) A drop off area is provided so that children do not have to walk through the parking lot to enter the facility.
(5) Parking spaces are provided as specified in Chapter 1185.
(6) The facility meets or exceeds State of Ohio provisions for daycare operations.
(f) Customary agricultural operations, excluding horses, including the sale of produce raised on the premises, provided such operation is over ten acres in area and further provided that no storage of manure or odor or dust producing substance or use of the housing of farm animals, excluding horses, shall be permitted. The housing of horses shall comply with § 1181.06.
(g) Accessory structures used as private kennels.
(h) Bed and breakfast inns provided that the following conditions are met:
(1) Structure. The structure is a single family, detached dwelling.
(2) Guest rooms. There shall be no more than four separate guest rooms within a single family dwelling that are utilized by bed and breakfast guests nor more than 25% of a dwelling's net floor area, whichever is greater. A guest room shall contain no less than 100 square feet of living space, not including closets, for two guests and 30 square feet for each additional guest up to a total of four guests per room.
(3) Owner/operator. The owner/operator of the bed and breakfast shall live full-time on the inn's premises. Such owner/operator shall be the owner of record of no less than 50% interest of the property in question.
(4) Approval of fire and health officers. Written approval from fire and health officers shall be required for each conditional use application requesting approval for a bed and breakfast inn. Each guest room shall contain a separate installed smoke detector alarm approved by the fire officer. No premises shall be utilized for a bed and breakfast inn unless there are at least two separate exits to the outdoors.
(5) Meals. No more than one meal shall be served to each paying guest of the bed and breakfast inn and that meal shall be breakfast.
(6) Consecutive nights. A paying guest may stay at a bed and breakfast inn for not more than seven consecutive nights at any single visit nor more than a total of 28 nights in any given year.
(7) Kitchen facilities. Only one kitchen facility shall be permitted per structure for which a conditional use is granted to operate a bed and breakfast inn. No cooking facilities shall be permitted in individual guest quarters.
(8) Bathrooms. A minimum of one full bathroom, including shower, toilet and sink, shall be required for every two guest rooms to be available for the exclusive use of bed and breakfast paying guests. Bed and breakfast inns shall be serviced by public sanitary sewer and water service.
(9) Guest register. A guest register listing the name, address, phone number, and dates of stay of all paying guests shall be maintained by the owner/operator and shall be made available for inspection by municipal officials.
(10) Special gatherings. Rental of the bed and breakfast inn for special gatherings such as wedding receptions and parties shall be prohibited in all residential zoning districts or properties adjacent to a residential zoning district.
(11) Business license. A business license shall be required to be obtained from Commercial Point.
(12) Public nuisance. Bed and breakfast inns shall not be permitted and a conditional use shall be revoked or suspended by Council whenever the operation has been found by the Planning and Zoning Administrator to conflict with or violate public nuisance regulations under § 1181.03.
(13) Employees. No more than two individuals who are non-residents of the dwelling may be employed in the operation of a bed and breakfast inn, whether or not compensated.
(Ord. 2020-10, passed 6-15-2020)