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SPECIAL PERMITS
The purpose of this section is to identify land uses which require a special permit due to unique characteristics relative to location, design, size, operation, traffic circulation or need for public services.
('80 Code, § 1184.01) (Ord. 101-90, passed 11-19-90; Am. Ord. 28-08, passed 5-19-08)
('80 Code, § 1184.02) (Ord. 101-90, passed 11-19-90; Am. Ord. 28-08, passed 5-19-08) Penalty, see § 153.999
The Board of Zoning Appeals shall have the following powers and duties in addition to those defined elsewhere in this chapter.
(A) To grant special permits for uses listed in this chapter where it is shown that the special use can be granted a permit without substantial impairment of the general purpose and intent of the zoning district in which the use is proposed to be located and without significant incompatibility with the general character of the neighborhood.
(B) To impose such requirement(s), conditions and appropriate time limitations regarding the location, character or other features of the proposed uses or structures as the Board feels necessary to carry out the intent and purpose of the zoning ordinance and to otherwise safeguard the public safety and welfare.
(C) Upon application by the Law Director, to revoke any special permit whose condition has been violated after notice and opportunity to conform have been given.
('80 Code, § 1184.03) (Ord. 101-90, passed 11-19-90)
(A) Purpose. Due to the rapid development of and need for helicopter service it has been deemed appropriate that such uses require a special permit as required by this chapter, to promote the continued growth of such service in a safe and orderly manner.
(B) Permit process. Permits for establishing and maintaining heliports shall be issued to the owner or lessee of the heliport by the Zoning Administrator after approval of a special permit by the Board of Zoning Appeals and, after the applicant has submitted an application providing written proof that:
(1) The heliport when located in zoning districts, other than residential:
(a) Has been inspected and, if applicable, approved and registered or licensed by either the Division of Aviation of the Ohio Department of Transportation (ODOT) or the Federal Aviation Administration for compliance with the criteria set forth in the transportation Laws of Ohio, annotated with Rules and Regulations, Chapter TRa-1, TRa-2 and TRa-5 and amendments thereto and applicable federal regulations;
(b) Has received such approval and clearance from the Federal Aviation Administration (FAA) as may be required by the Federal Aviation Regulations (FARs); and
(c) Is an accessory use to a permitted principal use in the zoning district in which the heliport is located.
(2) The heliport when located in residential zoning districts:
(a) Complies with the above requirements for heliports in zoning districts other than residential;
(b) Shall be limited to helicopters of 12,000 pounds gross weight or less (executive-type helicopters) for the purpose of internal cargo or personnel transportation only;
(c) Shall be a minimum of one acre, and when in use shall be marked in such a way as to be clearly visible;
(d) Shall be a minimum of 500 feet from the nearest occupied structure, expressway, principal arterial, minor arterial or collector streets within the municipality; and
(e) Is an accessory use to a permitted principal use in the zoning district in which the heliport is located.
(C) Fee. A non-refundable fee as set forth from time to time by ordinance shall be paid to the municipality for each application for a special permit to establish a heliport.
(D) Exceptions. No person shall take-off or land a helicopter anywhere within the municipality except at a heliport for which a permit, issued by the municipality, as hereinafter provided, is in force unless such landing or take-off is done:
(1) When necessary for law enforcement or other public safety purposes;
(2) When necessary for aircraft or medical emergencies;
(3) For a single or one-time landing at a site not regularly used for landings when prior approval is obtained from the Manager. Such approval shall not be unreasonably withheld when the Ohio State Transportation Department has issued a temporary heliport certificate for such an activity.
(E) Applicability.
(1) All permits issued shall be only to the original property owner/applicant or original lessee/applicant. If the ownership or tenancy has changed, a new application shall be required.
(2) This section shall apply to all heliports established within the municipality.
('80 Code, § 1184.05) (Ord. 101-90, passed 11-19-90) Penalty, see § 153.999
Editor's Note:
A copy of the most recent ordinance establishing current city fees and service charges is available at city offices during normal business hours.
(A) Purpose. Regulation of dish antennae is intended to provide guidelines for their approval which accommodate the generally large diameter of satellite dish antennae, provide for screening to mitigate the mass of the dish; provide for the most aesthetically pleasing dish location and a safe and appropriate installation.
(B) Permit process. A certificate of zoning compliance for the installation of dish antennae shall be issued to the owner of the property by the Zoning Administrator or appropriate designee after approval of a special permit by the Board of Zoning Appeals. The Board will base its approval upon a site plan submitted by the applicant and the extent to which the plan demonstrates that the installation of the dish antenna is in conformance with the following guidelines:
(1) A dish antenna, when installed in any zoning district, shall be:
(a) Located to the rear of the principal building or structure;
(b) An accessory use subordinate to the principal use of the site;
(c) Mounted in a concrete base in line with grade;
(d) Screened from adjacent properties and landscaped;
(e) Open mesh type if possible;
(f) Wired underground;
(g) Properly maintained; and
(h) Designed to withstand a wind force of up to 70 miles per hour.
(2) A dish antenna, when installed in any residential zoning district or planned residential zoning district as defined in § 153.016 shall be:
(a) Installed in compliance with the general guidelines for all zoning districts; and
(b) Installed as close to grade elevation as possible; and in no case shall be greater than 15 feet above grade height if turned perpendicular to the ground; and the maximum diameter of any dish antenna shall not exceed 12 feet.
(3) A dish antenna, when installed in any commercial zoning district as defined in § 153.016 shall be:
(a) Installed in compliance with the general guidelines for all zoning districts;
(b) Installed as close to grade elevation as possible; in no case shall be greater than 15 feet above grade height if turned perpendicular to the ground; and the maximum diameter of any dish antenna shall not exceed 12 feet;
(c) Located in yards that are not adjacent to residentially zoned districts; and
(d) Removed within 12 months of ceasing operation or when replaced or unused.
(4) A dish antenna, when installed in any industrial zoning district as defined in § 153.016 shall be:
(a) Installed in compliance with the general guidelines for all zoning districts;
(b) Compatible in height with the surrounding development;
(c) Located in yards that are not adjacent to residentially zoned districts; and
(d) Removed within 12 months of ceasing operation or when replaced or unused.
(5) A roof-mounted dish antenna:
(a) When installed, as an accessory use to a residential structure, shall not be greater than three feet above the roof of the structure it is mounted on; and
(b) When installed as an accessory use to structures located in commercial and industrial districts, or permitted nonresidential structures in residential districts, shall be reviewed for safety, compatibility with surrounding development and for other design measures that screen or otherwise make the dish antenna appear less obtrusive.
(C) Fee. A non-refundable fee as set forth from time to time by ordinance shall be paid to the municipality for each application for a special permit to install a dish antenna.
(D) Exemptions. All dish antennae will require a certificate of zoning compliance before installation. However, the following types of installations will not require approval of the Board of Zoning Appeals: Any roof-mounted or ground-mounted dish antenna that is three feet in diameter or less, provided that the site plan submitted for zoning compliance demonstrates that the general guidelines were considered.
('80 Code, § 1184.06) (Ord. 101-90, passed 11-19-90) Penalty, see § 153.999
Editor's Note:
A copy of the most recent ordinance establishing current city fees and service charges is available at city offices during normal business hours.
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