All conditional uses require the issuance of a conditional use permit by the Code Enforcement Officer following approval of the Board of Zoning Appeals. The procedures for making application for a conditional use permit are specified in Section 1268.05(f).
Subsection (a) hereof contains a listing of which conditional uses are permitted to be located in which zoning districts and which prior conditions for approval they are subject to.
Subsections (b) et seq. contain enumerations of the specific conditions for approval that the Board must apply in making a decision on an application for a conditional use permit in accordance with the procedures specified in Section 1268.05(f).
(a) Permitted Locations and Conditions for Approval.
Conditional Use | Districts in Which Conditional Use May Be Permitted | Conditions for Approval (see Subsection (b) hereof) |
Conditional Use | Districts in Which Conditional Use May Be Permitted | Conditions for Approval (see Subsection (b) hereof) |
Automobile convenience service facility | C-1, C-2 , C-3 | a3 , b1 , c3, d1, d3, e, j, l1, m, n, o, p, v, x, y |
Automobile muffler repair | C-3 | a3, b1, e , f2, j , l1, m, v, w, x, including conditions of subsection (n) hereof |
Automobile sales | C-2 | e, j, m, o, v, w, including conditions of subsection (r) hereof |
Automobile service station | C-1, C-2, C-3 | f2, m, n, o, p - See subsection (c) hereof |
Automobile washing establishment | C-2 , C-3 | f2, g1, g2, l2 , m , n, o, p. See subsection (d) hereof |
Automobile upholstery repair | C-2, C-3 | f2, j, r, v, x |
Adult uses | I-1 | See subsection (1) hereof |
Beer /wine drive-throughs | C-2 | a3, c3, d1, d2, d3, f2, g2, l2, m, n, o, r |
Body, fender and engine repair establishments | C-2 | a5, b1, e, f2, j, m, n, o, p, u, v, w |
Bus terminal | C-2 | a4, b4, j, k, l2, o, p |
Cemetery | A-1, R-1, R-2 , R-3 | a4, b4, j, k, l2, o, p |
Charitable donation bins | C-1, C-2, C-3 | See subsection (k) hereof |
Churches | All "R" Districts, O-1, C-3 | a3, b3, j, m, n, o, f1, l2, including conditions of subsection (o) hereof |
Compounding, assembly treatment or fabricating establishments | C-4 | f, f2, i, j, m, n, o |
Country club or golf course | A-1, R-1, R-2, R-3 | a3, b4, c2, i, j, l2, o, p |
Drive-through windows | C-1, C-2, C-3 | a3, b6, e, f2, g2, j, l2, m, o, s, t |
Farm tenant houses | A-1 | |
Fraternal lodges and private clubs | R-4, R-5, C-2, O-1, C-4 | b3, l2, o, p |
Funeral home and mortuary | R-4, R-5, C-2, C-4 | a3, b3, e, f1, j, l2, m, n, o |
Greenhouse, commercial | C-2 | a4, b3, h, l2, m, o, p |
Health spa; health club | C-2, C-3 | a1, b1, d1, f1, g1, l2, m, n, o, p |
Indoor amusement center | C-2 , C-3 | a1, b1, d1, f2, g1, k, l2, m, n, o |
Institutions of higher education | R-2, R-3, R-4, R-5, C-2, C-3 | a3, b2, c1, d2, f1, g1, l1, m, n, o |
Juvenile and adult group homes | A-1, R-4 , R-5 | a4 , b1, l1 |
Kindergarten or day nursery | A-1, R-2, R-3, R-4, R-5, O-1 | a3, b3, d2, f1, g1, l1 |
Lounge | C-2, C-3 | e, f2, g1, j, k, l1, m, n, o, p, including conditions of subsection (g) hereof |
Medical clinic or medical health center | C-1, C-2, C-3 | a1, b3, d1, h, l2, n, o |
Mobile food vending | C-1, C-2, C-3, C-4, S-PUD | j, m, p, r, x, including conditions of subsection (q) hereof |
Mobile home parks | R-4 | See subsection (f) hereof |
Motels | C-4 | e, f, g, j, m |
Municipal or government building | All districts | a1, b1, m, n |
Nonresidential off-street parking areas | R-5, O-1 | e, f1, g1, j, l2, m, n, o |
Nursing homes | R-4, R-5 | a5, b7, e, f2, j, m, w, x |
Outdoor commercial recreational establishment | C-2 | a3, b3, c1, e, g1, j, l2, m, n, o |
Outdoor recreational item sales displays | a3, b1, e, f2, j, m, n, o - See subsection (m) hereof | |
Personal service establishment | C-4 | f2, l1, n |
Personal wireless service facilities | C-2, C-4, E-1, I-1 or S-FP | See subsection (p) hereof |
Private recreational development | A-1, all "R" Districts | a3, b3, e, g1, l2, o |
Public and parochial schools | A-1, all "R" Districts | a3, b3, c1, d2, f1, g1, l1, m, n, o |
Public utility substations and exchanges | All districts | a3, b3, e, g1, l1, o |
Restaurants: drive-in | C-2 | e, f2, g1, j, l2, m, n, o, p, including conditions of sub- section (g) hereof |
sit-down and carry-out | All "C" Districts, I-1 | e, f1, g1, j, l2, m, n, o, p, including conditions of sub- section (g) hereof |
Small tool rental establishments | C-3 | f2, l, m, n, o, r |
Teen centers | C-2, C-3 | a4, b1, f2, j, m, n, o, including conditions of sub- section (l) hereof |
Wholesale establishment | C-3, I-1 | f2, l2, m, n, o |
(b) Specific Prior Conditions for Approval.
a. Minimum lot area and width.
1. #1/
2. 1,000 sq. ft.
3. 1/2 acre/100 ft.
4. One acre/150 ft.
5. 1,000 sq. ft. lot area per bed/100 ft.
6. 11,000 sq. ft.
b. Minimum yards (feet).
Front Side (each) Rear
1. # # #1/
2. # 20 #
3. # 40 40
4. # 40 50
5. 100 40 40
6. Drive-through automobile storage lanes meet the same yard requirements as are 100 sed on principal structures.
7. 40 20 #
c. Building setback from the building line (feet).
1. 40
2. 85
3. 35
d. Drive-through lanes.
1. Drive-through storage lanes must be at least five feet from abutting commercially zoned properties and twenty feet from abutting residentially zoned properties.
2. A storage area for cars waiting outside the building must accommodate at least one car for each 500 square feet of building area.
3. Only one business shall be served by a drive-through storage lane.
e. Plan of landscape development to be submitted with application, including quantities, size and varieties of landscaping.
f. Screening required when adjacent to residential uses.
1. 4-foot wall or fence
2. 6-foot screening (wall, fence, hedge)
g. Distance of parking area from residential use (feet).
1. 25
2. Drive-through automobile storage lanes shall be located thirty-five feet from the nearest existing or potential dwelling unit.
h. Number of loading and unloading berths (shall not face on bordering highway).
1. 15,000 sq. ft. of floor area
2. Over 1500 sq. ft. of floor area
i. 50-foot minimum distance of loading and unloading berth from residential use.
j. Development plan to be submitted with application.
k. Covenant by owners to perpetuate maintenance and approve future improvements.
l. Maximum number of principal entrances from major thoroughfare.
1. 1
2. 2
m. Acceptable relationship to major thoroughfare and acceptable on-site circulation pattern.
n. Thoroughfare must be adequate to carry additional traffic generated by use.
o. Outdoor artificial lighting shall be approved by Board of Zoning Appeals.
p. Disposal of liquid and other wastes shall meet the approval of the pertinent health authorities.
q. (EDITOR'S NOTE: This paragraph was repealed by Ordinance 83-19, passed June 14, 1983.)
r. Outside storage or display of products, merchandise or other wares prohibited.
s. Storage area for waiting cars is at least one-half of the gross square footage of the business to be served by a drive-through window.
t. Only one business is served by a drive-through window drive storage lane.
u. No entrance or exit for vehicles shall exist within 200 feet, along the same side of the streets of a school, public playground, hospital or public library, except where such property is in another block or on another street which the lot in question does not abut.
v. All repair work and tools, and apparatus for conducting repair work shall be completely contained within an enclosed building.
w. Pavement shall be required for all parking, storage and driving areas on the lot, and all paved areas shall be surrounded by a barrier at least four inches high.
x. No visible storage, from streets or other areas used by the public, of discarded materials or trash.
y. Outside parking is provided in the amount of one space per bay plus one space per employee on the largest shift, and no canopies are allowed.
1/ Use of # in the figure indicates that the conditions for approval of the district apply to the district where located.
(c) Automobile Service Stations. There are conditionally permitted, in the C-l, C-2 and C-3 Districts, automobile service stations, provided that the applicant submits a site development plan which meets the following conditions:
(1) There shall be a minimum lot width at the front property line of 140 feet.
(2) There shall be a minimum lot area size of 14,000 square feet.
(3) No automobile service station shall have an entrance or exit for vehicles within 200 feet, along the same side of a street, of any school, public playground, church, hospital, public library or institution for dependents or for children, except where such property is in another block or on another street which the lot in question does not abut.
(4) The curb and gutter shall be constructed along the entire frontage of the zoning lot, except drive aprons. No driveways shall be closer than ten feet to an adjacent property line nor closer than fifty feet to an adjacent "R" District or corner property lines extended from the established right-of-way lines as shown on the Official Thoroughfare Plan.
(5) Gasoline pumps in the service bays shall be a minimum distance of fifteen feet from the property line. The automobile service station building shall be set back a minimum distance of forty feet from the front property line and fifteen feet from any other property line. Pump island areas may be covered by a canopy, provided the area is open except for supporting members. Supporting members may not be nearer to the right of way than the pump island and the canopy may be no closer to a right of way or property line, vertically extended, than ten feet.
(6) All hydraulic hoists, oil pits, lubricants, greasing, automobile washing and repair equipment shall be enclosed entirely within a building.
(7) The light from the exterior lighting hall be so shaded, shielded or directed that the light intensity or brightness is not objectionable to adjacent properties.
(8) The entire lot area, exclusive of the building, shall be paved, or any unpaved portion of the lot shall be landscaped and protected by a barrier at least four inches high surrounding all paved areas.
(9) A strip of land not less than twenty-five feet in width, planted with an evergreen hedge or a dense planting of evergreen shrubs not less than six feet in height, to be located on such grass strip at least twenty feet from the property line, may be substituted and such grass strip and shrubs shall be maintained in good condition.
(10) Automobile service stations may be converted to automobile convenience service facilities without permission of the Board of Zoning Appeals, provided all conditions for automobile convenience service facilities are met, except building size and number of bays.
(d) Automobile Washing Establishments. There is conditionally permitted in any C-2 or C-3 Zoning District an automobile washing establishment, provided that it meets the following conditions for approval:
(1) All washing facilities shall be in an enclosed building (except for entrance or exit doors which may be left open during hours of operation).
(2) The minimum site size shall be one-half acre, with 100 feet of frontage, in the case of automated washing facilities (where patrons are not directly involved in the car washing process); and the minimum site size shall be one acre, with 150 feet of frontage, in the case of self-service washing facilities.
(3) All parking areas and access drives shall be hard surfaced and dust free.
(4) Water or residue from the washing process shall not be allowed to drain from the zoning lot containing such establishment.
(5) The operation of any vehicle washing establishment shall conform in all respects to the minimum performance standards set forth in Section 1266.04.
(6) One parking space shall be provided for each regular employee, with a minimum of one parking space for employees on each zoning lot.
(7) For customer parking, a minimum of six off-street waiting spaces shall be provided for every bay with a self-service washing facility, and a minimum of ten off-street waiting spaces shall be provided for every automated washing facility where patrons are not directly involved in the car washing process.
(8) There shall be an area beyond the exit end of each washing line of at least 500 square feet to allow for the hand finishing and drying of vehicles.
(9) The entrance to washing and other service facilities shall not be toward the street fronting the zoning lot.
(e) Mineral Extraction Regulations.
(1) The purpose and intent of this subsection is to ensure that mineral extraction activities do not adversely affect surrounding properties and that the land is restored to a useful condition once the minerals have been extracted from the subsurface. Mineral extraction is permitted only in the S-FP Flood Plain District.
(2) The applicant for a conditional use permit to carry out mineral extraction must demonstrate that such operations will not be detrimental to the vicinity or surrounding properties and that the following conditions are met by the applicant.
A. All equipment used in these operations shall be constructed, maintained and operated in such a manner as to eliminate, so far as practical, noise, vibration or dust which would injure or annoy persons living in the vicinity.
B. No mining, quarrying or gravel or sand extraction shall be permitted nearer than fifty feet to the boundary of the property being utilized for such use.
C. In order to ensure adequate lateral support, all sand and gravel excavations shall be located at least 100 feet, and backfilled to at least 150 feet, and all quarrying or blasting shall be located at least fifty feet, from the right-of-way line of any existing or platted street, road, highway or railway, except that such excavation or quarrying may be permitted within these limits to the point of reducing the ground elevation to the grade of the existing or platted street, road or highway.
D. All excavations of gravel or sand shall either be made to a waterproducing depth, plus five feet, or graded and/or backfilled with nonnoxious and nonflammable solids to assure that: 1. The excavated area will not collect and retain stagnant water. 2. The graded or backfilled surface will create a gently rolling topography to minimize erosion by wind and rain and substantially conform with the contours of the surrounding area.
E. The banks of all excavations not backfilled shall be sloped to the water line at a grade of not less than two feet horizontal to one foot vertical and such banks shall be sodded or surfaced with at least six inches of suitable soil and seeded with grass. Spoil banks shall be graded to a level suiting the existing terrain and planted with trees, shrubs, legumes or grasses where re-vegetation is possible. Where flood water exists, spoil banks shall be high enough to prevent overflow of water in the gravel pits and shall be sloped, graded and seeded as prescribed herein.
F. Whenever the floor of a quarry is more than five feet below the average grade of the highway, road, street or land adjacent thereto, the property containing such quarry shall be completely enclosed by a barrier consisting of not less than a six-foot mound of earth planted with suitable dense planting or other suitable material sufficient in either case to prevent persons from trespassing thereon or passing through. Such mound shall be located at least twenty-five feet from any street, road, highway or boundary of the quarry property.
G. All quarrying, blasting, drilling or mining shall be carried out in a manner and on such scale as to minimize dust, noise and vibrations and to prevent adversely affecting the surrounding properties.
H. When any quarrying has been completed, such excavated area shall either be left as a permanent spring-fed lake or the bottom floor thereof shall be leveled to prevent the collection and stagnation of water and to provide proper drainage without excessive soil erosion, and such floor shall be covered with soil of adequate thickness for the growing of turf or other ground cover. The edge of such excavation shall be further protected by construction of a barrier consisting of not less than a six-foot mound of earth planted with a double row of multiflora rose bushes or other equally effective planting.
(f) Mobile Home Parks. The purpose of this subsection is to specify the conditions under which mobile home parks may be conditionally permitted in R-4 Districts. Mobile homes, travel trailers, boats and house vehicles shall not be used as living quarters, except that mobile homes may be occupied within a mobile home park.
Travel trailers may be stored in an enclosed garage or other accessory building or be parked on a side yard or rear yard or in a driveway but not in a front yard.
(1) General provisions. No one may apply for a conditional use permit and building permit for a mobile home park without first obtaining a license from the Ohio Department of Health.
Any mobile home in a mobile home park must be securely affixed to the ground.
No person shall occupy or sleep in any mobile home unless it meets the requirements of this subsection.
(2) Filing procedure. The applicant must file a proposed site development plan with the Code Enforcement Officer. The site development plan shall specify the pertinent information, as required in paragraph (f)(3) hereof and shall contain the following text and map information:
A. The proposed location, the size of the area, the total number of mobile home sites provided for in the proposed site development plan, plus a production schedule;
B. The proposed size, location and use of nonresidential portions of the tract, including usable open spaces, parklands, playgrounds, school sites and other areas and spaces, with the suggested ownership of such areas and spaces;
C. Proposed provisions for fire protection, water, sanitary sewer and surface drainage facilities, including engineering feasibility studies or other evidence of reasonableness;
D. The proposed traffic circulation pattern, including public and private streets, parking areas, walks and other accessways, including their relationship to topography and existing streets, or showing other evidence of reasonableness;
E. Information relative to the use or re-use of existing features, such as topography, structures, streets and easements;
F. Deed restrictions, covenants, easements and encumbrances to be used to control the use, development and maintenance of the land; and
G. The names and addresses of the owners of all properties lying within 200 feet of any part of the property to be classified for use as a mobile home park.
(3) Specific minimum design standards.
A. Minimum site size.
1. Every mobile home park shall be placed on not less than fifteen acres of land.
2. It shall be a condition precedent to occupying the mobile home park that at least one-third of the mobile home park lots are completed and ready for occupancy, which completion shall include installation of roadways, sidewalks, lighting, public utilities and service and management buildings.
B. Minimum lot size, maximum lot coverage and lot frontage.
1. Every mobile home hereafter placed in a mobile home park shall be on a lot having not less than 5, 000 square feet, and every mobile home park shall contain a density of not more than five mobile homes per gross acre.
2. Each mobile home dwelling, including accessory buildings, garages and porches, shall not cover more than fifty percent of the individual mobile home park lot on which it is situated.
3. Every mobile home placed upon a mobile home park lot shall front upon an interior street rather than upon a major highway or thoroughfare.
C. Dwelling standard. Every mobile home dwelling hereafter placed upon a mobile home park lot shall have a total ground floor area of not less than 500 square feet, measured from the outside of exterior walls, including utility rooms, but excluding open porches, breezeways and garages.
D. Height. No mobile home in a mobile home trailer park shall exceed one story or fifteen feet in height.
E. Yard areas. No mobile home shall be placed upon a mobile home lot unless the following yards are provided and maintained in connection with such mobile home dwellings:
1. Front yard. Each lot upon which a mobile home dwelling is placed shall have a front yard depth of not less than fifteen feet.
2. Side yard. On each lot upon which a mobile home dwelling is placed there shall be a side yard on each side of not less than fifteen feet. The side yard for corner lots shall not be less than twenty feet.
3. Rear yard. Every lot upon which a mobile home dwelling is placed shall have a rear yard depth of not less than twenty feet.
F. Streets, sidewalks and parking. Every mobile home park shall provide a main entrance driveway not less than thirty-six feet in width. All other streets shall be of a width necessary for the use required, as determined by the Code Enforcement Officer and the Planning Commission. The minimum travel width of any street shall be twenty-four feet. All drives shall be protected at the edges by curbs, gutters or other suitable edging where necessary for the stabilization of the pavement and for adequate drainage. All mobile homes shall abut upon a driveway.
Every mobile home park shall contain adequate common walks three feet or more in width where pedestrian traffic is concentrated, for the safety and convenience of pedestrians. Driveways not containing walks shall be graded in such a manner that walks may be added later. Individual walks shall be provided to each mobile home stand from the paved driveway or parking space. Specifications of the walks shall be to the standard established by the City Engineer.
G. Required utilities.
1. A sanitary drinking water system, inspected and approved by the Ohio Department of Health and the Montgomery County Combined General Health District, providing adequate pressure with appropriate water connections for domestic usage, is required.
2. For fire protection, sanitary water under adequate pressure in standard fire hydrants, which hydrants shall be located within 400 feet of every individual lot within a mobile home park, is required.
3. A sanitary sewage disposal system, inspected and approved by the Ohio Department of Health and the Montgomery County Combined General Health District, with appropriate sewage connections for mobile home usage, is required. Connection between storm water drainage systems and sewage disposal systems shall not be permitted.
4. Adequate storm drainage for each lot connected to the main storm water drainage system is required.
5. Refuse disposal receptacles or incinerators located within 200 feet of each lot, as approved by the Montgomery County Combined General Health District, are required.
6. When liquefied petroleum gas is used, the containers for such gas shall be the liquefied petroleum gas containers approved by the Interstate Commerce Commission for their intended purpose and shall be integrally attached to the mobile home in a manner approved by the Liquefied Petroleum Gas Association or other appropriate authority, including the Ohio Department of Health and the Montgomery County Combined General Health District.
7. Fuel oil supply systems shall be installed and maintained in accordance with State and local codes and regulations. All fuel oil storage containers, barrels, tanks or cylinders and piping to the mobile homes shall be securely fastened in place and protected against physical damage.
8. Natural gas piping systems shall be installed underground in accordance with applicable codes and regulations and public utility standards. Each mobile home lot provided with piped gas shall have an approved manual shut-off valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use.
H. Concrete stand and skirts. Each mobile home shall be parked on and supported by a concrete stand designed to carry the load placed thereon. Skirts shall be provided to screen the space between the mobile home and its concrete stand.
I. Communal facilities. In all mobile home parks, the following facilities shall be provided and available to residents:
1. Management and maintenance offices, including storage facilities for grounds-keeping equipment;
2. Coin-operated laundry and drying facilities in a permanent structure which shall be commonly accessible and provide, in addition, laundry trays and slop sinks; and
3. A safe usable recreation area or areas conveniently located in each mobile home park and not be less in area or areas than eight percent of the gross area of the trailer park or five acres, whichever is greater.
J. Peripheral buffer. All mobile home trailer park sites shall provide a twenty-foot wide planting strip, planted with mature trees and shrubs that will be mature within a five-year period, to provide a dense screen at all times, which extends the length and depth of the entire park.
(4) Conditions for approval. The basis for approval of a conditional use permit for a mobile home park site development plan application shall be that:
A. The proposed development is consistent in all respects with the purpose, intent and applicable standards of this Zoning Code.
B. The proposed development meets all the minimum requirements specified in paragraph (f)(3) hereof.
C. The proposed development is in conformity with the Englewood Comprehensive Land Use Plan or any portion thereof that may apply.
D. The proposed development advances the general welfare of the City and the immediate vicinity.
E. The design character and improved site arrangement justify the location and size proposed in the development.
F. The utilities to serve the proposed development have received Ohio Health Department approval.
The approval shall be for a period of one year to allow construction to be substantially started in accordance with the site development plan, with evidence that construction will be completed within a reasonable length of time. Unless construction, as described, is initiated within the one-year time limit, the conditional use permit shall be voided and all the land shall revert to the standard R-4 Zoning District, unless an application for a time extension is submitted and approved by the Planning Commission.
The Commission, upon making an affirmative finding with regard to the above criteria, may authorize the Code Enforcement Officer to issue a conditional use permit to the applicant. The Code Enforcement Officer must subsequently determine that all the required improvements have been installed prior to permitting the mobile home park to be occupied.
(g) Restaurants and Lounges. The purpose of this subsection is to provide additional conditions (where applicable) for a permitted use of a restaurant or lounge in a specified district.
(1) All signs visible from the exterior of the building shall conform to the number, type and size permitted in Chapter 1280.
(2) The Board of Zoning Appeals shall review and approve all exterior business activity.
(3) The sale of alcoholic beverages shall be licensed by the State in accordance with Ohio R.C. Title 43. In order to determine if an objection may be made pursuant to Title 43:
A. The Board of Zoning Appeals shall review such establishments in relation to their decency, sobriety, safety, place and good order of the neighborhood.
B. The Board may investigate the character of the applicant.
(4) Establishments including dancing, live entertainment or musical entertainment emceed by a disc jockey shall present a sound control plan to keep discernible noise at property lines or at the nearest place of business below sixty dba.
(h) Retail Establishments (Interstate). The purpose of this subsection is to specify the conditions under which retail establishments, providing primarily for interstate travelers, may be conditionally permitted in C-2 Highway Commercial Districts.
(1) Such uses shall be situated within 100 feet of an interstate highway.
(2) Such uses shall be easily accessible from the interstate highway system.
(3) It shall be determined by the Board of Zoning Appeals that the proposed use can provide some beneficial commodity to interstate highway travelers.
(i) Regulations and Development Standards for Adult Uses.
(1) Purpose and intent. The purpose and intent of this subsection are as follows:
A. City Council specifically finds that there exists an urgent need to prevent commercial exposure to minors of sexually provocative written, photographic, printed, sound and published material, or other sexually provocative images or activities, as these are defined in paragraph (i)(3) below, and which are declared to be harmful to minors.
B. It is further declared that in the development and execution of this subsection, it is specifically recognized by City Council that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the use and enjoyment of adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding areas. These special regulations are itemized in this subsection.
(2) Adult uses conditionally permitted; permit required. "Adult uses" are conditionally permitted exclusively in the I-1 General Industrial District. No person, corporation, partnership or any other entity shall operate any enterprise, business, or any other venture, defined as an adult use in this subsection, without first obtaining a conditional use permit.
(3) Definitions.When used in this subsection, the following words, terms, and phrases will be defined as follows:
A. Adult use. "Adult use" shall include the following establishments:
1. Adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult drive-in theaters, adult cabarets, adult massage parlors, adult health facilities, and rap parlors, all as defined later in this subsection, which have opened after the effective date of this subsection; and
2. Existing adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult drive-in theaters, adult cabarets, adult massage parlors, adult health facilities, and rap parlors, all as defined later in this subsection.
B. Adult bookstore. "Adult bookstore" means an establishment, building, or portion of a building that excludes minors by virtue of age, and/or has, as a significant portion of its stock in trade, books, magazines, films, and/or other materials that are distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to nudity, "specified sexual activities," or "specified anatomical areas," for sale, rent, or viewing on the premises, or an establishment with any segment or section devoted to the sale or display of such material.
C. Adult motion picture theater. "Adult motion picture theater" means an establishment, building, or portion of a building with a capacity of fifty or more persons that is used for presenting material if it excludes minors by virtue of age, and/or if such material is distinguished or characterized by its principal emphasis on matters depicting, describing, or relating to nudity, "specified sexual activities," or "specified anatomical areas."
D. Adult mini-motion picture theater. "Adult mini-motion picture theater" means an establishment, building, or portion of a building with a capacity of fewer than fifty persons used for presenting material if it excludes minors by virtue of age, and/or if such material is distinguished or characterized by its principal emphasis on matters depicting, describing or relating to nudity, "specified sexual activities," or "specified anatomical areas. "
E. Adult drive-in theater. "Adult drive-in-theater" means an establishment, building, or portion of a building with a screen suitable for viewing movies still pictures, or any other images from a patron's vehicle if it excludes minors by virtue of age, and/or if such material is distinguished or characterized by its principal emphasis on matters depicting, describing, or relating to nudity, "specified sexual activities," or "specified anatomical areas."
F. Adult cabaret. "Adult cabaret" means an establishment, building, or portion of a building used for providing any live exhibition, performance, dancing, or other live entertainment, if it excludes minors by virtue of age and/or if such live exhibition, performance, dancing, or other five entertainment is distinguished or characterized by its principal emphasis on matters depicting, describing, or relating to nudity, "specified sexual activities," or "specified anatomical areas."
G. Adult massage parlors. "Adult massage parlor" means a massage establishment or parlor that excludes minors by reason of age and/or that provides the service of massage, if such service is distinguished or characterized by its principal emphasis on matters depicting, describing, or relating to nudity, "specified sexual activities," or "specified anatomical areas."
H. Adult health facility. "Adult health facility" means a health facility that excludes minors by reason of age, and/or if such health facility is distinguished or characterized by its principal emphasis on matters depicting, describing, or relating to nudity, "specified sexual activities," or "specified anatomical areas."
I. Conversation/rap parlor. "Conversation/rap parlor" means an establishment that excludes minors by virtue of age, and/or that provides the service of engaging in or listening to conversation, talk, or discussion if such service is distinguished or characterized by its principal emphasis on matters depicting, describing, or relating to nudity, "specified sexual activities," or "specified anatomical areas."
J. Nudity. "Nudity" means the showing of human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering over the top of the areola and below, or the depiction of covered or uncovered male genitals in a turgid state.
K. Specified sexual activities. "Specified sexual activities" shall include any of the following:
1. Any act of sexual intercourse, actual or simulated, including genital to genital, anal to genital, or oral to genital intercourse, whether between human beings or animals;
2. Sadomasochistic abuse, meaning flagellation or torture, actual or simulated, by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of one so clothed;
3. Masturbation or lewd exhibition of the genitals;
4. Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of a female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification;
5. Fondling or other erotic touching of human genitals, pubic region, buttocks, female breast or any other area defined as "specified anatomical areas."
L. Specified anatomical areas. "Specified anatomical areas" shall include less than completely and opaquely covered: (i) human genitals; (ii) pubic region or pubic hair; (iii) buttocks; (iv) female breast below a point immediately above the top of the areola; and (v) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(4) Development standards for adult uses. The following development standards will apply to adult uses:
A. No adult use shall be located within 600 feet of any residential zoning district or use, church, school (private or public), teaching facility (private or public), library (private or public), park, recreational facility, or playground, where such church, school, teaching facility, library, park, recreational facility, or playground is attended by persons under eighteen years of age, or in an area where large numbers of minors regularly travel or congregate. The 600-foot distance shall be measured from the edge of the subject adult use's property line closest to the nearest residential zoning district or use, church, school, teaching facility, library, park, or playground, or area where large numbers of minors regularly travel or congregate.
B. No adult use shall be located within 600 feet of any other adult use or within 600 feet of any establishment selling alcoholic beverages. The distance shall be measured from the edge of the subject adult use's property line closest to the nearest other adult use or establishment selling alcoholic beverages.
C. It shall be the duty of the conditional use permit applicant to comply with all building codes, and all zoning, fire, health, property maintenance, and any and all other applicable ordinances of the City.
D. No advertisements, displays, or other promotional materials displaying specified sexual activities or specified anatomical areas shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks, walkways, streets, or other public or semipublic areas.
E. All building openings, entries, windows, etc., for adult uses shall be located, covered, or screened in such a manner as to prevent a view into the interior from any sidewalk, street, or other public or semipublic area. All new construction for adult uses shall be constructed in a manner so as to minimize any possibility of viewing the interior from public or semipublic areas.
F. No loudspeaker or sound equipment shall be used for adult uses that can be heard or discerned by the public or from public or semipublic areas.
G. Adult use establishments shall not be permitted to sell beer, wine, liquor, or other spirituous beverages at any time.
H. Adult use establishments shall not be open for operation between the hours of 2:00 a.m. and 9:00 a.m.
(5) Violations, penalties and savings clause.
A. Violation of the provisions of this subsection or failure to comply with its requirements shall constitute a first degree misdemeanor. Any person who violates this subsection or fails to comply with any of its requirements shall, upon conviction, be fined not more than five hundred dollars ($500.00), or shall be imprisoned for not more than six months, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues, after receipt of a violation notice, shall be considered a separate offense.
B. In addition to the penalties identified in paragraph (i)(5)A. hereof, the City shall have the right to close the adult use enterprise, business, or any other venture until such time as compliance with the provisions of this subsection are completely secured.
C. If any provision of this subsection, or its application to any person or circumstance, is held to be void, voidable, or invalid to any extent, then the remainder of this subsection, or the application of that provision to persons or circumstances other than those as to which it is held void, voidable or invalid, shall not be affected, and each remaining provision of this subsection shall be valid and enforceable to the fullest extent permitted by law. Further, to the extent that any provision of this subsection, or its application to any person or circumstance, is held to be void, voidable, or invalid, such provision shall be reformed by the court of law interpreting such provision to the fullest extent permitted by law.
(j) Juvenile and Adult Group Homes.
(1) Group homes may be conditionally permitted in specified zones. An application for either a juvenile or an adult group home will be accepted upon submission of the following materials to the Administrative Board for Planning and Zoning Appeals:
A. A plot plan, drawn to a scale not smaller than one inch equals fifty feet, showing all existing and proposed structures;
B. A parking and access plan;
C. Floor plans, to scale, of all existing and proposed structures;
D. Elevations of proposed structures, and elevations of existing structures, if any interior alterations are planned;
E. A written statement establishing the type of facility, juvenile or adult, and the type of care, counseling or medical treatment needed for residents of the facility;
F. An appropriate operator's license from the applicable governmental oversight unit, or a description of what licensing is required. Prior to issuance of a certificate of occupancy, the operator or agency shall provide evidence that a valid license has been, or will be, issued.
G. A detailed plan for services and programs, approved in writing by all appropriate social service planning or review bodies, and a list of such bodies;
H. A vicinity map showing the location of similar type homes existing in, and within a mile of, the City;
I. A license or statement of need for a license from the applicable governmental unit, which may include the County, the State, the Federal government or other political subdivisions. Prior to issuance of a certificate of occupancy, the operator or agency shall provide evidence that a valid license has been, or will be, issued.
J. Documentation indicating the supervisory responsibility of the sponsoring agency and the residential home operator(s).
(2) The Administrative Board for Planning and Zoning Appeals may grant a conditional use permit for a group home when the following criteria are met
A. Structures and property are developed in accordance with applicable zoning standards.
B . No exterior alterations of an existing structure will be made which depart from the residential character of the building, and no new structure will be constructed which is incompatible with the residential character of the surrounding neighborhood.
C. On-site parking will meet the minimum standard of one space for every three persons, including staff, residing or working in the facility during the largest work shift, or one space for every vehicle operated out of the facility, whichever is greater.
D. No on-site parking is located in a required front or side yard.
E. All exterior lighting will be suitably directed and shaded to prevent glare upon adjoining residential properties, and all outdoor recreation and parking areas shall be suitably screened from adjoining residential uses.
F. The Board is able to reasonably conclude from the evidence presented that a group home will be compatible with the present physical character of the neighborhood and will not adversely disrupt the neighborhood by reason of noise, lights, congestion or traffic generation.
G. No on-site parking is located in a required front or side yard.
H. All exterior lighting will be suitably directed and shaded to prevent glare upon adjoining residential properties, and all outdoor recreation and parking areas shall be suitably screened from adjoining residential uses.
I. All structures used for group home purposes meet or will meet all applicable local, State and Federal building codes and fire safety
standards.
J. The agency operating a group home will meet the staffing requirements of the County Board of Mental Retardation and Developmental Disabilities and will have at least one qualified house parent or supervisor on duty whenever the home is occupied by the developmentally disabled.
K. The Board is able to reasonably conclude from the evidence presented that a group home will be compatible with the present physical character of the neighborhood and will not adversely disrupt the neighborhood by reason of noise, lights, congestion or traffic generation.
(3) The Administrative Board for Planning and Zoning Appeals may issue a temporary conditional use permit for a group home for a period of one year. At the completion of one year of operation, the group home operation shall be reviewed by the Board. The Board may, based upon evidence of operational problems or successes, extend the temporary conditional use, grant a permanent conditional use or deny the continued conditional use.
(k) Charitable Donation Bins. Charitable donation bins and collection stations for the donations of clothing and other goods shall meet all of the conditions listed under subsection (a) hereof and shall:
(1) Provide written permission from the property owner;
(2) Submit a detailed site plan indicating the location of the donation bin/collection station and construction drawings for anchoring;
(3) Be located on a minimum lot size of not less than two acres;
(4) No more than one donation bin shall be permitted per parcel;
(5) Be located on the exterior of a church, school, non-profit organization, or commercial building, so long as the bin is located in the rear yard with a minimum setback of ten feet from the rear property line and not within an access easement, driveway, parking area, fire lane, or any other area prohibited by the Zoning Code or Building Code of the City of Englewood;
(6) Be operated by a duly registered charitable organization and the donation bin shall contain the name, address and phone number of the charitable organization;
(7) Not exceed six feet in height, and five feet in width or depth;
(8) Be constructed of a durable metal material, painted or protected from the elements to maintain a visually appealing appearance; and
(9) Be properly anchored to the ground into a four inch deep concrete slab that is at least the same size as the base of the donation bin or on pillars eight inches in diameter, eighteen inches in depth.
(1) Teen Centers. Applications for a conditional use permit to operate a teen center shall include
(1) A floor plan, to scale, of the interior of the structure;
(2) An access and parking plan, delimiting areas to be patrolled by security personnel;
(3) A statement of the maximum number of persons the club will contain at one time;
(4) A detailed description of the operating format of the club;
(5) A security plan addressing both building and parking areas. At least two security personnel will be expected during business hours: one within the building, and one in the parking area. One additional security person will be expected for each fifty patrons after the first 100. Security personnel will be expected to meet commonly accepted standards for private security firms, and to have no felony convictions.
(6) The hours of operation;
(7) A sound control plan to keep discernible noise at property lines or at the nearest place of business below sixty dba;
(8) A lighting plan;
(9) A listing of business owners with a brief background outline about each. The character of applicants and business owners may be investigated to better insure the decency, safety and good order of the proposed establishment, and standards for personnel, akin to the accepted moral standards for public school teachers, may be required.
(m) Outdoor Recreational Sales Displays. Retail establishments selling recreational items for residential use, displayed outdoors, shall meet all of the conditions listed under subsection (a) hereof and shall:
(1) Limit outdoor displays to recreational structures customarily built in-place and installed outdoors permanently. (Such structures shall not include storage buildings, trailers or facilities providing features similar to housekeeping facilities.)
(2) Limit outdoor displays to structures not exceeding fifteen feet in height.
(3) Limit outdoor displays to fifty percent of the area of the zoning lot. After subtracting principal building and parking areas, said outdoor display area shall be calculated as the sum of polygon areas formed by imaginary lines around all displays, associated equipment and accessory structures.
(4) Erect outdoor displays as the items being sold or displayed would be seen in their permanent environments.
(5) Limit outdoor displays of recreational structures to yard setbacks applying to principal structures on the zoning lot, except that if a residential zone does not abut the lot, rear yard setbacks for outdoor displays may be reduced to fifteen feet.
(n) Automobile Muffler Repair Business. Automobile muffler repair businesses maybe conditionally permitted in C-3 Districts if applicable conditions are met, including the following:
(1) Buildings housing such uses are of wood or masonry construction (no metal);
(2) Such businesses are not located on a corner zoning lot; and
(3) Garage bays are oriented so as to be parallel to abutting roadways. (Garage doors and automobile entrances are not part of the front plane of the building.)
(o) Temporary Churches. Temporary churches, not meeting the conditions specified in subsection (a) hereof for permanent churches, may be conditionally permitted in C-3 Districts, provided that:
(1) Temporary church uses shall be confined to a period not exceeding twenty-four months and shall be allowed only when applicants are able to satisfy the Planning Commission that another, permanent church is being built.
(2) A firm schedule is submitted to and approved by the Planning Commission for meeting times and other activities.
(3) Either sufficient parking can be demonstrated to be available, at a ratio of one space for every 3.5 seats, or an agreement with an abutting property owner providing for required parking during meeting times can be evidenced.
(p) Personal Wireless Service Facilities. To receive conditional use approval for personal wireless service facilities, the Planning Commission shall find that the proposed development meets the following standards:
(1) Such structures, if free-standing and not solely for use by occupants of the zoning lot where they are located, must be of monopole construction, with a smooth and uniform exterior, without supporting guy wires or supporting ancillary apparatus. Mounts, antennas and associated equipment buildings shall be painted a uniform color, approved by the Planning Commission. Mounts and antennas shall not display a bright and flashing beacon during evening hours. Associated equipment buildings shall have facades constructed of brick or acceptable masonry materials.
(2) Personal wireless service facilities shall be limited to one per zoning lot, and associated, unoccupied equipment buildings shall be limited in height to fifteen feet and to one such building per service provider co-locating antennas on such facility. Such personal wireless service facilities shall be located at least one-half mile away from any other commercial, personal wireless service facilities in the City.
(3) When a principal use on a given zoning lot, such zoning lot shall be at least one-half acre in size, with a minimum front yard setback of 100 feet and all other property line setbacks of at least fifty feet. A plan of landscaping shall be included with the application for approval.
(4) When an accessory use, notwithstanding other standards that might also apply, such personal wireless service facilities shall meet applicable yard and setback regulations for accessory structures in the zone in which they are located, but in no case shall such facilities be closer than six feet from any property line. When allowed as an accessory use, personal wireless service facilities will not be counted against the limiting number of other accessory structures which are permitted on a given piece of property.
(5) Setback requirements shall be in one of two categories:
A. If located within 650 feet of an interstate highway, personal wireless service facilities may be located in side or rear yards, outside existing easement areas, at least six feet from the nearest property line, but irrespective of otherwise applicable yard offset requirements, provided that the distance of such facilities from the nearest non-interstate roadway shall be equal to at least the height of the mount and antennas in combination, and the distance of such personal wireless service facilities from the nearest existing or potential dwelling unit, by reference to existing lots of record or proposed plats, shall be equal to at least the height of the mount and antennas in combination.
B. If not located within 650 feet of an interstate highway, or if unable to comply with the standards specified by paragraph (p)(5)A. hereof, personal wireless service facilities shall have no parts or associated apparatus closer to a Residential Zoning District than 100 feet.
(6) Personal wireless service facilities shall conform to applicable FCC and FAA regulations and, as well, shall conform to building, electrical and other applicable codes. Application to install such facilities in the City shall be in an approved format, and such application may require that the applicant show evidence of compliance with standards referenced herein.
(7) Such communication mounts as are approved and built shall be capable of structurally supporting the antennas of the applicant, as well as two other service providers. The applicant shall agree to permit use of the personal wireless service facilities mount by other communication service providers on reasonable terms.
(8) Unless parking space is available within fifty feet on the same zoning lot where personal wireless service facilities are located, such facilities shall have a paved access drive leading thereto, with a paved parking area sufficient for at least one service vehicle.
(9) Setback requirements specified above may be waived by the Planning Commission, in whole or in part, for those personal wireless service facilities that utilize existing conforming structures as their base or that have their appearance disguised in an approved manner.
(10) The owner(s) of personal wireless service facilities shall, upon request of the City Manager, file a declaration with the office of the City Manager as to the continuing operation of every facility installed subject to these standards and provisions and shall remove an obsolete facility within twelve months of ceasing its use.
(11) Permits for personal wireless service facilities shall automatically expire if a report is not filed with the office of the City Manager within ninety days of being requested by a duly authorized representative of the City, said report attesting to the structural integrity of said facilities. Such reports may be required as often as every ten years or upon suspicion of structural damage by some exogenous physical force.
(12) There shall be no advertising, emblems, markings or other indications of company or organization affiliation or announcement, whether related to service providers using the mount and/or antennas or related to other interests of any kind. The exception, which can only be allowed by the Planning Commission, is advertising that would otherwise be approved for a principal use situated on the underlying zoning lot.
(q) Mobile food vending. The purpose of this subsection is to provide additional conditions applicable to establishment of temporary mobile food vendors, including food trucks and food trailers specifically:
(1) For the purposes of this section, a “mobile food vendor” shall be defined as any person who sells, offers for sale, or distributes free of charge, prepared food or beverages to the public from any unit (vehicle, trailer, cart, wagon, or similar use) which is designed to be readily moveable. A unit shall not include tents or similar portable structures. The food may be cooked, wrapped, packaged, processed and/or portioned for service, sale, or distribution in the mobile food vendor unit.
(2) Mobile food vendors are intended to provide temporary sales of food products and not to maintain a fixed location. Trucks and trailers shall not remain on the same zoning lot for a period of more than 72 hours unless stored in compliance with Section 1266.03(b) of the Englewood Codified Ordinances or without approval from the Planning Commission.
(3) Mobile food vendors must be located entirely on private property, setback a minimum of ten (10) feet from the public right-of-way and a fifty foot radius from any intersection or corner to assure a sufficient sight distance triangle. The selling of food items within the public right-of-way or conducting vending operations to the occupants of vehicles stopped in traffic is prohibited;
(4) Mobile food vendors are limited to zoning lots with sufficient parking to accommodate the additional business activity without impacting the required parking spaces for the existing business and maintaining a safe on site traffic circulation pattern;
(5) Mobile food vending vehicles shall be no higher than 12 feet and no longer than 26 feet;
(6) Outside storage shall be limited to 10 square feet in area and five feet in height and approved by Planning Commission;
(7) Menu items shall comply with all requirements of applicable state and local law, including, without limitation, the City's Fire Prevention Code, the State of Ohio Fire Code, and the Montgomery County Health Department;
(8) Customer service must be oriented to drive-up, vehicular traffic. On-site consumption can be provided if such area does not impact on-site traffic circulation patterns as determined by city's traffic engineer;
(9) Vending operations and food offerings must be approved by the Montgomery County Health Department, and applicable permits shall be kept current;
(10) A mobile food vendor shall obtain, in writing, the permission of the property owner to operate on the property and shall provide a copy to the Planning Commission;
(11) Trash receptacles shall be provided for customers to dispose of food wrappers, food utensils, paper products, cans, bottles, food, and other such waste;
(12) Signage shall be limited to one per side on which the sign is displayed, and sign display area shall be limited to one square foot for each foot of wall width on which the sign will be mounted, signage shall not be extended above the roof line of the vehicle;
(13) Conditional approval of such a mobile food vendor shall occur only after payment of the fee for conditional use permit, submittal of a site plan, to scale, showing a plan view of proposed operations vis-a-vis the entirety of the zoning lot; and elevations of the building, including depiction or description of signage and the color scheme.
(r) Automobile, trailer, recreational vehicle and motorcycle sales (new, used, and rental). The purpose of this subsection is to provide additional conditions applicable to automobile, trailer, recreational vehicle and motorcycle sales establishment.
(1) The minimum site size shall be two (2) acres, if outdoor display is utilized.
(2) All vehicles displayed for sale shall be parked on asphalt or concrete and set back a minimum of 10 feet from the public right-of-way.
(3) All parking areas and access drives shall be hard surfaced asphalt or concrete.
(4) All exterior lighting shall be directed to avoid a negative impact to surrounding properties.
(5) Parking/display areas shall be located no closer than fifty (50) feet from any residential district.
(Ord. 79-56. Passed 11-13-79; Ord. 80-51. Passed 10-14-80; Ord. 81-05. Passed 2-10-81; Ord. 81-42. Passed 11-10-81; Ord. 82-9. Passed 3-9-82; Ord. 83-19. Passed 6-14-83; Ord. 85-32. Passed 5-14-85; Ord. 85-44. Passed 8-13-85; Ord. 85-49. Passed 10-22-85; Ord. 89-1. Passed 1-10-89; Ord. 89-22. Passed 5-23-89; Ord. 90-15. Passed 5-8-90; Ord. 91-3. Passed 2-12-91; Ord. 92-5. Passed 1-14-92; Ord. 95-10. Passed 8-22-95; Ord. 96-1. Passed 2-13-96; Ord. 96-14. Passed 4-23-96; Ord. 97-5. Passed 3-11-97; Ord. 99-9. Passed 6-22-99; Ord. 00-17. Passed 9-26-00; Ord. 02-7. Passed 5-14-02; Ord. 06-17. Passed 12-12-06; Ord. 12-6. Passed 8-28-12; Ord. 14-12. Passed 12-9-14.)