The following section contains additional standards that shall be met by an applicant for uses that are either permitted with use-specific standards or as conditional uses. In addition to meeting the following standards, all applicants for conditional uses shall be required to comply with any and all other applicable provisions of this Code.
(a) Residential Use Classifications.
(1) Adult Family Homes or Small Residential Facilities; and Adult Group Homes or Large Residential Facilities.
A. The minimum lot area shall be 30,000 square feet.
B. All structures and activity areas, except off-street parking, shall be set back a minimum of 35 feet from all lot lines.
C. Each individual home shall have a person or persons maintaining permanent residence in the unit to avoid shift changes and to provide the same type of use and activities otherwise typical of residences in the area.
D. In order to prevent the creation of a defacto social service district and to avoid impacting a residential block or neighborhood, the Planning Commission shall not grant a conditional use which would permit more than one adult group home within the same block or within a 500 foot radius of another group home.
E. The residential character of all structures shall be maintained.
F. An adult group home shall not be permitted to be constructed or operated until the agency, organization, or institute supervising such home satisfies the Planning Commission that the home and its operation will comply with all licensing or certification requirements of the appropriate state or local agency, pursuant to law.
G. No exterior sign shall be permitted except as specifically allowed by the Planning Commission.
H. A conditional use shall be granted for a specific type of group home. The type of home shall be defined as and by the specific nature of the individuals being treated or rehabilitated. Any change in the type of adult group home shall require a new conditional use permit.
(2) Apartments on Upper Floors.
A. Apartments may be permitted on the second or higher floor in districts shown in Table 1169.06-1: Principally Permitted Uses if a business or vacant commercial space is located on the ground floor within the same structure.
B. Multiple apartments are permitted above the ground floor commercial space.
C. Apartments shall not be located on the ground floor.
(3) Mobile Home Parks.
A. No mobile home, trailer, or similar portable residence structure shall be permitted to be located in the City except in a mobile home park in an R-4 District.
B. A management office is permitted within a mobile home park.
C. Compliance with Ohio Administrative Code.
1. Mobile home parks shall conform to the provisions of the Ohio Administrative Code (OAC) Chapter 3701-27: Mobile Home Parks, or subsequent revisions or additions, except as otherwise stated or modified in Subsection 1169.08(a)(3)C. Compliance with Ohio Administrative Code.
2. All plans required pursuant to OAC 3701-27-05 (Plan Approval Required) shall also be submitted to the Planning Commission for review and approval.
3. In addition to that required pursuant to OAC 3701-27-05, the following shall be included on plans submitted to Planning Commission:
a. Setback lines from adjacent property lines and right-of-way lines.
b. Location and size of recreational areas.
c. Method proposed for screening the mobile home park perimeter.
4. Mobile homes or trailers shall be set back 50 feet from the mobile home park property line instead of the distance indicated in OAC 3701-27-08 (Manufactured Home Lots). The Planning Commission shall have the authority to modify setback requirements when the mobile home park property is adjacent to commercial or industrial property, recreation parks, other mobile home parks, or other property where, in its opinion, there will be no harmful effects.
5. In lieu of the separation dimensions set forth in OAC 3701-27-08 (Manufactured Home Lots), each trailer shall be located upon the lot so as to provide not less than 20 feet clear distance between the sides of trailers, between the end of any trailer and the side of any trailer, or between trailers placed end to end. These dimensions shall be computed as indicated in OAC 3701-27-08.
6. OAC 3701-27-26 (Recreation Area and Facilities) shall be modified as follows:
Each house trailer park shall set aside and provide suitable, conveniently located recreational space consisting of not less than 8% of the gross trailer park area. The area between the mobile home park property line and the 50 foot setback shall not be considered recreational space.
7. No park and recreation fee shall be assessed provided that all regulations stated above are complied with.
8. Should there be a conflict between City and state requirements, the more restrictive requirement shall apply.
D. Mobile home parks shall be effectively screened on all sides by means of walls, fences, or plantings, except where the property is sufficiently removed from other urban uses, as determined by the Planning Commission.
1. Walls or fences shall be a minimum of six feet in height without advertising thereon.
2. In lieu of such a wall or fence, a strip of land not less than 10 feet in width contained within the required 50 foot setback limits, and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs, not less than four feet in height, may be substituted.
E. All mobile homes shall have a minimum of 400 square feet of floor area per family.
F. Stage construction of mobile home parks shall be permitted, provided that:
1. The final plan has been approved by the Planning Commission.
2. Such stage construction provides minimum requirements within the stage being developed.
3. Subsequent stages are reviewed prior to development.
(4) Nursing Homes/Convalescent Homes.
A. The minimum lot area shall be five acres.
B. All structures and activity areas, except off-street parking, shall be set back a minimum of 100 feet from the front lot line and 40 feet from all other lot lines.
(b) Public and Institutional Use Classifications.
(1) Community Gardens.
A. The owner of the property shall have an established set of operating rules addressing the governance structure of the garden; hours of operation; maintenance and security requirements and responsibilities; and distribution of garden plots.
B. The name and telephone number of the owner and any person designated as the person in-charge of garden coordination along with a copy of the operating rules shall be kept on file with the Zoning Commissioner.
C. The site shall be designed and maintained so that water and fertilizer will not drain onto adjacent properties.
D. There shall be no retail sales on site, except for produce grown on the site.
E. No building or structures shall be permitted on the site unless the community garden is accessory to a use (See Section 1169.10 Accessory Use and Structure Regulations) in which case, the buildings and structures shall be considered as accessory to the principal use of the lot.
F. Benches, bike racks, raised/accessible planting beds, picnic tables, seasonal farm stands, garden art, rain barrel systems, children's play areas and similar equipment may be permitted.
(2) Parking Lots or Garages.
A. Below-grade parking garages are encouraged over above-grade.
B. Parking garages shall meet the architectural standards established for the applicable zoning district.
C. Parking garages shall be constructed of materials of similar quality to surrounding principal structures.
D. The facades of parking garages that face public streets and are not occupied by commercial, office, institutional, public uses, or civic uses shall be articulated through the use of three or more of the following architectural features to make the parking garage appear similar in character to an occupied building:
1. Windows or window-shaped openings with decorative mesh or similar features as approved by the City;
2. Masonry columns;
3. Decorative wall insets or projections;
4. Awnings;
5. Changes in color or texture of materials;
6. Approved public art;
7. Integrated landscape planters; or
8. Other similar features approved by the City.
E. Vehicle entries to off-street parking garages shall be integrated into the placement and design of adjacent buildings or oriented away from the primary street frontage. At a minimum, parking garages shall have user vehicles access from locations that minimize conflicts with pedestrian circulation.
(3) Telecommunication Towers and Facilities.
A. The following standards apply to the location of commercial radio and television towers and telecommunication towers permitted in Table 1169.06-1: Principally Permitted Uses:
1. Towers shall be located centrally on a continuous parcel; and
2. The area of the parcel shall be large enough so that the center of the base of the tower will be set back from all points on each property line a distance equal to that of the height of the tower.
B. All accessories related to the tower including, but not limited to, guy wires, equipment sheds, parking, and fencing shall all be located on the same lot as the tower.
C. Towers shall be setback a minimum of 500 feet from any off-site dwelling unless a reduced setback is approved by the Planning Commission as part of the conditional use review of the tower.
(c) Commercial Use Classifications.
(1) Animal Hospital/Veterinary Clinics.
A. All soundproofed structures shall be set back a minimum of 50 feet from any abutting residential lot line, residential zoning district, or recorded subdivision.
B. All non-soundproofed structures shall be set back a minimum of 100 feet from any abutting residential lot line, residential zoning district, or recorded subdivision.
C. If the animal hospital or veterinary clinic includes a kennel use for the temporary boarding of animals for purposes other than medical or dental treatment, such use shall also be subject to the standards set out in Subsection 1169.08(c)(10) Kennels.
(2) Assembly Halls/Conference Centers. All structures and activity areas, except off-street parking, shall be set back a minimum of 200 feet from all lot lines abutting a residential zoning district. All structures and activity areas, except off-street parking, shall be set back a minimum of 20 feet from all other lot lines.
(3) Automotive Fuel Sales and Automotive Service.
A. Canopies shall be set back a minimum of 40 feet from street rights-of-way, except that the setback shall be a minimum of 50 feet if along a major thoroughfare.
B. Lubrication, washing, and other incidental servicing of motor vehicles and all supply and merchandise storage shall be completely within an enclosed building except as otherwise provided herein.
C. Employee vehicles and vehicles awaiting service or return to customers following servicing shall be parked in areas indicated for such parking on approved site plan. Such parking areas shall be set back a minimum of five feet from any right-of-way.
D. The sale of motor vehicles on premises used for automotive service shall be prohibited.
E. The storage of non-operational vehicles for longer than a 24-hour period shall be permitted if stored in the rear yard and screened by a solid wall or fence with a minimum height of five feet. No such vehicle shall be stored on-site for more than two weeks.
F. All other outdoor storage shall be subject to the standards of Section 1177.06 Screening Requirements.
(4) Automotive Repair.
A. Automotive service or automotive repair shall be performed and conducted inside of the building.
B. All vehicles or parts shall be kept inside a building or screened from view of persons on contiguous property or persons using public rights-of-way.
(5) Automotive Sales and Rental. Automotive sales or rental uses are subject to the following standards:
A. There shall be a minimum lot area of two acres.
B. A principal structure shall be located on the lot.
D. No auctions shall be permitted on the lot.
E. No outdoor speaker systems shall be permitted for uses that abut or are across the street from residential districts.
F. Delivery and loading shall not be permitted on a public street.
G. All structures shall be set back a minimum of 100 feet from any abutting residential lot line, residential zoning district, or recorded subdivision.
H. No storage or display of vehicles shall be permitted in any required landscape area, unless approved by the City.
I. Automotive service or repair, if permitted, shall be performed and conducted inside of a building.
J. One additional freestanding sign shall be permitted if multiple vehicle brand dealerships share the lot, with a maximum of two signs. Each sign shall not exceed the sign area permitted per Chapter 1179 Sign Standards.
(6) Bed and Breakfast Establishments. Bed and breakfast establishments are subject to the following standards:
A. The maximum number of employees shall be two, other than occupants or owners.
B. All such uses shall be located in a single-family dwelling consistent in character (e.g., height, scale, setbacks, massing, etc.) with the surrounding residential uses, and shall not include facilities for receptions, weddings, or other events.
C. Central facilities for the collection and disposal of trash shall be provided.
D. Parking areas shall be located behind the bed and breakfast establishment.
E. Parking areas shall be screened from adjacent residential uses by landscaping and/or fencing as determined by the Planning Commission.
F. The establishment shall conform to state health and building code requirements and shall show proof of inspection or proof of proper operating licenses by the state and/or county.
G. Only overnight guests shall be served unless otherwise authorized as part of the conditional use approval.
H. The facility shall be limited to no more than eight guestrooms with a maximum guest capacity as determined by fire and building regulations.
I. No receptions, private parties, or any other type of guest paid activity shall be permitted.
J. Stays shall be short-term in nature and no guest shall be permitted to stay for a period exceeding two weeks.
K. No external vending machines are permitted.
(7) Car Washes and Truck Washes. Car wash establishments must be set back a minimum of 100 feet from the right-of-way.
(8) Clubs, Lodges, or Other Social Meeting Places.
A. All structures shall be set back a minimum of 50 feet and any parking areas a minimum of 100 feet from any abutting residential lot line, residential zoning district, or recorded subdivision.
B. There shall be a minimum lot area requirement of two acres.
(9) Commercial Recreation Facilities (Outdoor). All structures and activity areas, except off-street parking, shall be set back a minimum of 200 feet from all lot lines abutting a residential zoning district and a minimum of 100 feet from all other lot lines.
(10) Kennels.
A. All structures and activities related to the subject kennel use shall be set back a minimum of 100 feet from side and rear lot lines, except that when located adjacent to a residential zoning district, the following additional restrictions shall apply:
1. All non-soundproofed structures or areas where animals are confined shall be set back a minimum of 500 feet from any residential zoning district.
2. Soundproofed, air-conditioned buildings shall be set back a minimum of 100 feet from any residential zoning district.
B. All non-soundproofed structures for the confinement of animals shall be screened by a solid fence or wall a minimum of six feet in height located within 50 feet of the proposed structure.
C. Animals shall be confined in an enclosed building between the hours of 10:00 p.m. and 7:00 a.m. of the following day.
D. There shall be no burial or incineration of animals on the premises.
(11) Nursery Schools or Childcare Centers.
A. The minimum lot area shall be 10,000 square feet.
B. All structures and activity areas, except off-street parking, shall be set back a minimum of 50 feet from the front lot line and a minimum of 40 feet from all other lot lines.
C. Outdoor play areas shall be permitted in the side and rear yards only and shall be enclosed with a fence or wall that is a minimum of five feet in height. Such outdoor play areas shall not be subject to the setback requirements of subsection (c)(11)B. hereof.
D. Unloading and loading of children from vehicles shall only be permitted in the approved parking area of the facilities. An on-site drop off area sufficient to accommodate a minimum of four vehicles shall be provided and shall be located in a manner not to obstruct movement in and out of established parking spaces.
(12) Restaurants.
A. A restaurant with drive-in and/or drive-through service, and restaurants that provide dancing or entertainment shall be set back a minimum of 100 feet from any residential zoning district.
B. All audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be located within 300 feet of any residential dwelling unit.
(13) Self-Storage Facilities and Mini-Warehouses.
A. There shall be a minimum lot area requirement of two acres.
B. There shall be a minimum setback of 150 feet between any residential zoning district and all buildings related to the use.
C. Lot coverage of all structures shall be limited to 80% of the lot area.
D. The only commercial uses permitted on-site shall be the rental of storage space and the pick-up and/or deposit of goods on the property in storage. Storage spaces, including outdoor storage areas, shall not be used to manufacture, fabricate, or process goods; service or repair vehicles, small engines, or electrical equipment, or to conduct similar activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity on-site.
E. A commercial accessory dwelling unit may be permitted in connection with office/watchman purposes.
F. Screening shall be required around the perimeter of the storage area. All storage units with access from the exterior of the building shall be located behind the screen unless otherwise approved by the City.
G. Outdoor storage is permitted with the exception of inoperative vehicles.
H. Interior landscaping shall be based on 15 square feet of landscaping per parking space required and will be distributed reasonably evenly across the lot area.
I. A 25 foot wide landscaping buffer yard, parallel to the street frontage, equal to the property frontage, excluding ingress/egress drives, shall be landscaped with trees in the ratio of at least one tree for every 2,000 square feet or fraction thereof of the landscaped area. Landscaping shall consist of a variety of hardy evergreen planted material, including trees and low-medium-high profile shrubs, together with suitable ground cover that is either seeded with grass or mulched and maintained in such a manner as not to impair vehicle visibility. All required buffer yard landscaping shall be located outside of any fencing area. No advertising shall be allowed in the buffer yard.
J. All one-way driveways shall provide for one 10 foot wide parking lane and one 15 foot wide travel lane. Traffic direction and parking shall be designated by signage or driveway painting. All two-way driveways shall provide for one 10 foot wide parking lane and two 12 foot wide travel lanes. The parking lanes may be eliminated when the driveway does not serve the storage units.
K. No gasoline or other motor vehicle fuel pumps or tanks shall be permitted on the premises.
(14) Sexually Oriented Businesses. Sexually oriented businesses in this district shall comply with the following requirements:
A. Sexually oriented businesses, as defined in this Code, shall be permitted, provided the proposed location of such use is set back a minimum of 1,000 feet from the following uses:
1. Any residential zoning district as established by this Code;
2. Any permanently established religious place of worship, school, library, or public playground attended by persons under the age of 18;
3. Any other recreational facility or amusement park attended by persons under the age of 18;
4. Any hotel, motel, or bed and breakfast lodging establishment;
5. Any other sexually oriented business;
6. Any establishment licensed by the State of Ohio for the sale of beer or intoxicating liquor for consumption on the premises;
7. Pawn shops; or
8. Pool or billiard halls.
B. The measure of distance for purposes of this subsection shall be from property line to property line along the shortest possible course, regardless of any customary or common route or path of travel.
C. The Zoning Commissioner shall consider only:
1. Whether the sexually oriented business is seeking to locate in a M-3 District; and
2. Whether the proposed location of the sexually oriented business is at least 1,000 feet from the uses listed in subsection (c)(14)A. hereof.
3. The determination shall be made without a public hearing being held and must be made within 10 days of the effective date of this section or within 10 days of the receipt of a completed application for a zoning permit, whichever is less. An applicant or an aggrieved party may appeal a decision of the zoning commissioner to the BZBA pursuant to Section 1165.09 Appeals. Such appeal must be made within 30 days of the claimed adverse decision. The BZBA shall hear and decide sexually oriented business appeals within 30 days of the filing of the appeal by the applicant or aggrieved party. Further appeal shall be to a court of competent jurisdiction as provided by law.
(d) Industrial Use Classifications.
(1) Auto and Metal Salvage Operations (Junk Yards).
A. Auto and metal salvage operations shall be permitted only in an M-3 District.
B. Auto and metal salvage operations shall be effectively screened on all sides by means of an opaque screen or plantings.
1. Opaque screen shall be a minimum of eight feet in height with no advertising thereon.
2. In lieu of such wall or fence, a strip of land not less than 15 feet in width, and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than six feet in height, may be substituted.
3. The area outside the fence or screening shall be adequately maintained at all times.
(2) Building Materials Sales and Storage.
A. All structures and activity areas, except off-street parking, shall be set back a minimum of 50 feet from all lot lines.
B. A plan illustrating outdoor storage and how it is to be screened shall be submitted as part of the site plan review process.
(3) Contractor Offices and Storage. All outdoor storage of equipment, supplies, and materials shall be subject to the outdoor storage requirements of Section 1169.10 Accessory Use and Structure Regulations.
(4) Crematory. A crematory shall be located a minimum of 200 feet from any residential zoning district.
(5) Mineral, Gravel, or Sand Extraction. The extraction, storage and processing of minerals, including removal of sand, gravel, clay, soils, and minerals of all types shall be conducted in accordance with the following requirements:
B. Mineral extraction, storage or processing shall not be conducted closer than 500 feet from any residential zoning district, nor closer than 200 feet from any structure used for human occupancy in any other district.
C. Buildings and structures for which no future use is contemplated, and for which no other acceptable use is practicable or feasible, shall be demolished and removed upon completion of the mining operation.
D. The operator shall file a location map with the Planning Commission. The location map shall show the areas to be mined and the location of adjacent properties, roads, and natural features.
E. The operator shall submit information on the anticipated depth of excavations, and on the depth and probable effect on the existing water table, public utilities, roads and surface drainage.
F. The operator shall file a detailed plan for the restoration of the area to be mined with the Planning Commission. The plan shall include the anticipated future use of the restored land; the proposed final topography indicated by contour lines of no greater intervals than five feet; the type and number per acre of trees or shrubs to be planted; and the location of future roads, drives, drainage courses, and other improvements contemplated.
G. The operator shall file a bond payable to the City and conditioned on the faithful performance of all requirements contained in the approved restoration plan.
1. The rate, per acre of property to be mined, of the required bond shall be determined by the Zoning Commissioner.
2. The bond shall be released upon written certification of the Zoning Commissioner that the restoration is complete and in compliance with the restoration plan.
(Ord. 7675. Passed 11-11-14.)