(1) Active parks, playgrounds and recreational facilities. The following regulations shall apply to when the principal use of a lot is an active park, playground or recreational facility.
(A) Unless otherwise approved by the PZC, active parks and playgrounds which include outdoor play areas, tot lots or activity centers designed to be used by children under eight years of age shall be fully enclosed by a fence subject to approval by the PZC.
(B) All structures shall be located at least 25 feet from all property lines or as approved by the PZC.
(C) Vehicle access points of entrance or exit shall be located a minimum of 200 feet from the intersection of two major thoroughfares, or a minimum of 100 feet from the intersection of a major thoroughfare and a local or collector thoroughfare.
(D) Retail business uses shall be only those customarily accessory or incidental to the main recreational use, such as refreshment, souvenir and concession stands.
(E) The minimum gross lot area or portion of a lot required for golf courses, country clubs, horse riding academies, and campgrounds for camping in tents, travel trailers and other vehicles, cabins, or lodges, including day camps, summer camps, and health camps, shall be subject to review by the PZC.
(F) Active parks, playgrounds and recreational facilities within a subdivision or PD District shall require review and approval by the PZC.
(2) Agricultural uses; animal husbandry and keeping of livestock. A lot may be used for agricultural purposes in accordance with the following regulations:
(A) The minimum area of a lot for animal and poultry husbandry shall be five acres. The minimum lot area for raising chicken hens shall be two acres;
(B) Apiculture, horticulture, floriculture and viticulture shall be permitted on any size lot; however, buildings and structures accessory to an agricultural use shall be on a lot with a minimum area of five acres;
(C) Dwellings shall conform to the minimum site development requirements for the applicable zoning district;
(D) All structures used for keeping of farm animals, fowl, fur-bearing animals, horses and/or ponies shall be set back a minimum of 20 feet from the property line;
(E) Fenced enclosures for the keeping of farm animals, fowl, fur-bearing animals, horses and/or ponies closer than five feet from any lot line may be approved by the PZC as a conditional use according to the procedures, review criteria and public hearing requirements set forth in § 157.052 under the following conditions:
1.) The fenced enclosures shall be located a minimum of 50 feet from any existing dwelling, except for a dwelling on the same lot as the fenced enclosure; or
2.) Neighboring property owners within 100 feet shall be notified, in writing, when the proposed placement of the fence is less than five feet from the lot lines.
(F) Chicken hens raised on a parcel less than five acres must be housed in a wholly enclosed, floored structure for protection from the elements with an appropriately-sized fenced area; hens shall not run at-large.
1.) All structures must be located in the rear yard with a minimum setback of 30 feet from all property lines.
2.) All fenced enclosures shall be located in the rear yard with a minimum setback of 20 feet from all property lines.
3.) A maximum of eight laying hens are permitted under this section; roosters are prohibited on parcels smaller than five acres.
4.) Property owners proposing to raise chicken hens must obtain a certificate of use and compliance through the Zoning Division. The property owner shall submit a site plan showing the proposed location of any structure/fencing with their application for a certificate of use and compliance.
5.) Nuisance conditions must be abated within seven days of notice by the city. Failure to address nuisance conditions may result in certificate of use and compliance revocation.
(3) Motor vehicle fuel sales and motor vehicle repair and service facilities. In addition to the applicable provisions of this chapter, automotive fuel sales and automotive repair and service facilities shall comply with the following:
(A) Motor vehicle fuel sales and motor vehicle repair and service facilities that are located on a corner lot shall have a minimum of 150 feet frontage on each street to allow for adequate ingress and egress without creating congestion at an intersection;
(B) Fuel pumps and related driveways and paved areas may be erected in a front yard, but not less than 30 feet from an existing or proposed street right-of-way, except for lots with frontage on Massillon Road or Arlington Road, in which case the minimum distance shall be 40 feet from the right-of-way line;
(C) A canopy may be constructed over the pump island; provided that the canopy shall extend no closer than 20 feet from an existing or planned right-of-way, except for lots with frontage on Massillon Road or Arlington Road, in which case the minimum distance shall be 30 feet from the right-of-way line;
(D) If repair or service activities are performed on a vehicle, such vehicle shall be entirely within a building;
(F) On a corner lot, access drives shall be placed as far from the intersection as possible and shall be limited to no more than one access drive per fronting street.
(4) Cemeteries. The lot or the area of a lot proposed for a cemetery shall be used for cemetery purposes only and shall meet the following requirements:
(A) A new cemetery shall have a minimum area of ten acres. Expansion of an existing cemetery is exempt from this requirement;
(B) The required building setback for all structures, including mausoleums and maintenance garages, shall be 25 feet from any property line;
(C) Graves and burial lots shall be located no less than 15 feet from all property lines;
(D) There shall be access to a collector street so that residential neighborhoods are not burdened by funeral processions; and
(E) For private cemeteries, the owner shall demonstrate to the PZC that there is adequate administrative and financial capacity to ensure perpetual maintenance and operation of the cemetery.
(5) Day care centers and Type A day care homes.
(A) Outdoor play areas, tot lots or activity centers designed to be used by children under eight years of age shall be fully enclosed by a fence subject to approval by the PZC.
(B) The parking and circulation plan shall include a drop-off/pick-up point for children.
(6) Educational facilities. Educational facilities, which have outdoor play areas, tot lots or activity centers designed to be used by children under eight years of age shall ensure that the activity areas are fully enclosed by a fence subject to approval by the PZC.
(7) Governmental offices, facilities and public safety/service facilities. Governmental offices, facilities and public safety/service facilities, shall meet the minimum site development standards established for the applicable zoning district.
(8) Kennels. In addition to the applicable provisions of this chapter, kennels shall comply with the following:
(A) All structures and activities related to the subject kennel use shall be located a minimum distance of 50 feet from side and rear property lines, except that when located adjacent to a residential district, the following additional restrictions shall apply:
1.) All non-soundproofed structures or areas where animals are confined shall be located a minimum distance of 250 feet from any residential district; and
2.) Soundproofed, air conditioned buildings shall be located a minimum distance of 100 feet from any residential district.
(B) All nonsoundproofed 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 structure;
(C) Animals shall be confined in an enclosed building between the hours of 10:00 p.m. and 6:00 a.m.; and
(D) There shall be no burial or incineration of animals on the premises.
(9) Mineral extraction. Mining, soil, sand and gravel removal and processing may be conditionally permitted in all zoning districts (except PD districts); provided that all proposed uses and the continuation through expansion of existing mining and extracting uses shall, at a minimum, meet the following conditions and limitations.
(A) There shall be a minimum setback of 150 feet from all lot lines, outside of the site where the mineral extraction is taking place, within which there shall be no disturbance of land and no mineral extraction. This setback may be reduced to 100 feet along lot lines that have frontage on a public right-of-way.
(B) All points of entrance or exit shall be located a minimum of 200 feet from the intersection of two major thoroughfares and/or a minimum of 200 feet from the intersection of a major thoroughfare and a local or collector street.
(C) Site locations should be preferred that offer natural or human-made barriers that would lessen the effect of intrusion into an area.
(D) Truck routes shall be established for movement in and out of the development in such a way as to minimize the wear on public roads and prevent hazards and damage to other properties in the community.
(E) Any temporary structures must be indicated as such on-site plans submitted to the PZC for approval. Such structures shall not be continued as permanent structures. The period of continuance shall be set by the PZC. A temporary use permit for each structure shall be issued by the Zoning Division.
(F) Truck parking areas, maneuvering lanes and accessways to public roads shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on, and adjacent to, the site, and shall be built and paved or treated to prevent the creation of dust and drainage problems.
(G) All facilities, structures and activities shall meet all county and/or state health, building, electrical and other applicable codes. In cases of overlapping codes and/or jurisdictions, the more restrictive shall apply.
(H) The area being mined or excavated shall be enclosed by a fence six feet or more in height for the entire periphery of the development. Fences shall be adequate to prevent trespass and shall be placed no closer than 50 feet to the top or bottom of any slope.
(I) No sand or gravel shall be removed or stored, or overburden stored, within 100 feet of any lot line not owned or controlled by the developer or operator of the business, or his or her agent, nor shall such mineral extraction business be conducted closer to any lot line or road so that areas contiguous and adjacent thereto do not have adequate lateral support.
(J) Equipment and trucks shall be operated no earlier than 7:00 a.m. nor later than 8:00 p.m., except on Sundays and holidays, when there shall be no equipment operations.
(K) Asphalt, cement or resins shall not be brought to the site to be processed, nor shall any stone, gravel or sand or another resource not extracted from the site be processed at the site.
(L) A conditional use permit shall pertain to a specific site and acreage covered by the performance guarantees. Expansion shall require a new or renewed conditional use permit, which may be applied for any time prior to the 12-month expiration date of the current certificate.
(M) A plan showing provisions for control of erosion and sedimentation during and after the development, construction, extraction or other use of the site shall be prepared. Such plan shall show proposals for restoration, rehabilitation and reclamation, where necessary, and shall be accompanied by documentation indicating the review and recommendation on such plan by the County Soil and Water Conservation District, the Division of Lands and Soil of the Department of Natural Resources or other competent agency or soils scientist.
(N) Effective erosion and sediment controls shall be planned and applied according to the following principles:
1.) The smallest practical area of land should be exposed at any one time during development, construction, extraction or other use;
2.) When land is exposed during development, use, extraction and the like, the exposure should be kept to the shortest practical period of time;
3.) Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development, use and the like;
4.) Sediment basins (debris basins, desilting basins or silt traps) shall be installed and maintained to remove sediment from runoff waters from land undergoing development, use and the like;
5.) Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development, use and the like;
6.) The permanent final vegetation and structures shall be installed as soon as practical in the development, use, restoration, rehabilitation and the like;
7.) The development, extraction or use plan shall be fitted to the topography and soils so as to create the least erosion potential;
8.) Wherever feasible, natural vegetation should be retained and protected; and
9.) All excavations shall be made to either a water producing depth, such depth to be not less than five feet below the low water mark, or shall be graded or backfilled with non-noxious, nonflammable and noncombustible solids, to secure that:
a.) The excavated area shall not collect and permit to remain therein stagnant water; or
b.) The surface of such area which is not permanently submerged is graded or backfilled as necessary to reduce the peaks and depressions thereof so as to produce a gently running surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area. The banks of all excavations shall be sloped to the water line at a slope which shall not be greater than three feet horizontal to one foot vertical, and said bank shall be needed.
(O) A conditional use permit issued for mineral extraction purposes shall be issued for a period of no more than 12 consecutive months, subject to renewal for no more than an additional 12-month period; provided that the Mayor and/or City Council is satisfied that the holder of the conditional use certificate is complying with this Code, and with all conditions set forth in the conditional use permit.
(P) Regarding all conditional use permits issued pursuant to § 157.052, if either the Mayor or City Council determines that the holder of the conditional use permit is violating the Zoning Code or any of the conditions set forth in the conditional use permit, the Mayor or City Council may authorize the Law Director to immediately notify the certificate holder of the violation(s) and demand the permit holder to remedy the violation(s) within ten calendar days of the date of the notice. The Mayor and City Council shall also have the authority to request the Law Director immediately institute legal action for a temporary restraining order and/or preliminary injunction against the permit holder to cease operations until such time that the permit holder proves that they are conducting operations in compliance with this Code and any conditions set forth in the conditional use permit.
(Q) In addition to the right to seek injunctive relief, the city may also assess a fine in the amount of $100 for each day a violation of the conditional use permit exists and/or continues up to a maximum fine of $10,000.
(R) A bond or other financial provision acceptable to City Council guaranteeing performance according to plan and the removal from the site, after termination of operations, of any abandoned equipment and accessories, shall be submitted to Council, in an amount per acre, or fraction thereof, of not less than $2,500, and in a total amount of not less than $25,000. The amount of the bond or guarantee shall be sufficient to ensure rehabilitation for the number of acres planned for operations during at least the ensuing 12 consecutive months. Such bond shall be of the type recognized in the state.
(S) The conditions and limitations provided in this division (9), as well as others deemed necessary by the PZC, shall be specified as conditions for the issuance of a conditional use permit and shall be so specified on the certificate.
(10) Nursing homes and assisted living facilities. Nursing homes and assisted living facilities may be permitted, provided that:
(A) The minimum lot area shall be two acres;
(B) All structures and activities shall be set back a minimum of 50 feet from all lot lines;
(C) The density shall not exceed 18 patient rooms per acre; and
(D) All site entrance and exit drives shall be located a minimum of 200 feet from the intersection of two main roads and a minimum of 100 feet from main road and local road intersections.
(11) Self-storage facilities. In addition to the applicable provisions of this chapter, self-service storage facilities shall comply with the following:
(A) Buildings shall not exceed one story, with a maximum overall height of 22 feet;
(B) No door shall exceed 15 feet in either height or width;
(C) Access to the facility shall be limited to one entrance and one exit per abutting street;
(D) Loading and unloading of storage units shall be oriented towards the side and rear lot lines; and
(E) Outdoor storage of cars, trucks, RVs, campers, trailers, boats and motorcycles may be permitted as an accessory use within a self-storage facility, subject to site plan review, per the following conditions.
1.) All vehicles shall be registered with current licensing and operable. The owner/operator of the facility shall be responsible to remove any vehicle that is unlicensed or inoperable within ten business days’ notification of the city. Commercial trucks such as semitractor/trailers or trash haulers shall bot be permitted for outdoor storage.
2.) Storage areas shall only be located in the side or rear yard in the B-1 and B-5 Districts, where the principal use is conditionally permitted, and only in the side or rear yards in the I-2 District, where the principal use is permitted. All setbacks shall be equal to the required setback of the principal use.
3.) Screening shall consist of a wall or fence, six feet in height and dense evergreen vegetation to obscure the storage area when visible from the public right-of-way. Screening of storage areas from adjacent properties to the side and rear shall meet the requirements of § 157.136(4). Fence height of six feet shall not extend past the front facade of the principal building.
4.) Parking/storage areas shall be maintained in an orderly fashion via the delineation of parking spaces at all times. Storage areas shall not interfere with the flow of vehicular traffic through the site, especially emergency response vehicles.
5.) Any tarps that are provided to cover stored items shall be secured throughout the duration of the time they are stored. All tarps shall be tan/brown or earthtone.
6.) The surface of all storage areas shall be hard surface pavement as approved by the RZC. The use of permeable pavement or materials is encouraged. A typical section of proposed pavement/materials shall be submitted to RZC for their review and approval.
7.) Storm water management/water quality requirements shall be met per current regulations.
(12) Sexually oriented business.
(A) A sexually oriented business may only be located in the B-4 District.
(B) A sexually oriented business may be located only in accordance with the following restrictions:
1.) No such business shall be located on any parcel within 500 feet of any residential zoning district;
2.) No such business shall be located on any parcel within 1,000 feet of any public library, public or private educational facility, public park, or religious place of worship; or
3.) No such business shall be located on any parcel within 1,000 feet of another sexually oriented business.
(C) For purposes of division (12)(B) of this section, the measurement of distance shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a religious place of worship or public or private educational facility, or to the nearest boundary of an affected public park, residential zoning district or residential lot.
(D) For purposes of division (12)(B) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(E) No person shall establish, operate or cause the establishment or operation of any sexually oriented business in violation of the provisions of this section. Nothing in this section shall be construed to prohibit or limit the display, sale or rental of descriptive, printed, film or video material, or any live performance, which, taken as a whole, contains serious literary, artistic, political, medical, educational or scientific value.
(13) Wireless telecommunications towers.
(A) General. All new construction, or the placement of equipment related to wireless telecommunications shall conform to the regulations of the district in which it is located and to the additional development standards and supplementary regulations contained herein.
(B) Construction standards. Proposed new telecommunications towers shall comply with the following development standards. Wireless telecommunications towers/facilities are permitted as a sole use on a lot or when combined with another use, subject to all existing regulations in each district and the following.
1.) The tower must be set back from any property line or any existing structure on lots adjacent to the lot on which the tower is to be located by a distance equal to the vertical height of the tower.
2.) The tower must not exceed a height of 150 feet (including antenna) if designed for use by a single user; 175 feet if designed for use by two co-users; and 200 feet if designed for use by three co-users. Due to the proximity of the Akron-Canton Airport, all wireless telecommunications towers must also receive Federal Aviation Administration (FAA) clearance and concurrence of the FAA decision by the Airport Director before construction may proceed.
3.) The maximum size of the equipment shelter shall be 300 square feet, or, if there is more than one shelter, a total of 750 square feet.
4.) When a wireless telecommunications tower/facility is to be located on a property with an existing use:
a.) The existing use need not be affiliated with the wireless telecommunications provider;
b.) The wireless telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic and necessary maintenance (except during construction or an emergency);
c.) The service access to the equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use; and
d.) Security fencing, eight feet in height, shall surround the tower, the equipment shelter and any guy wires, either completely or individually, as determined by the PZC.
5.) A vegetative screen shall be planted that consists of one row of a mixture of evergreen and deciduous trees or privet hedge planted five feet on center maximum. A landscaping plan is required to be submitted that indicates how the wireless telecommunications facility will be screened from adjoining properties.
6.) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
7.) Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within a mile of the proposed facility. The applicant shall inquire about potential co-location opportunities at all technically feasible locations. The contacted providers shall be requested to respond in writing to the inquiry within 60 days. The applicant shall present proof of mailing, as well as responses to the PZC as a means of demonstrating the need for a new tower. If a contacted wireless service provider fails to respond to a written request for co-location from the applicant within 60 days, the PZC may accept the nonresponse as proof that co-location on an existing tower is not feasible.
8.) No advertising is permitted anywhere on the facility, with the exception of identification signage.
9.) No trespassing signs shall be posted around the facility, with a telephone number of who to contact in the event of an emergency.
10.) Applicants will provide evidence of legal access to the tower site and maintain this access regardless of other developments that may take place on the site.
11.) No tower shall be artificially lighted, except to assure safety or as required by the Federal Aviation Administration (FAA). Security lighting around the equipment shelter is prohibited, unless specifically requested by the applicant and a need is proved to the PZC.
12.) The tower shall be painted a neutral tone, i.e., desert sand/khaki, so as to minimize its visibility, unless otherwise required by the Federal Communications Commission (FCC) or the FAA.
13.) Any application to locate an antenna on a building or structure that is listed in the city’s inventory of historic structures shall be subject to review by the Historic Preservation Commission.
14.) The electromagnetic field levels of the tower shall conform to the standards developed by the National Council on Radiation Protection and Measurement (NCRP Report No. 86) or by the American National Standards Institute and the Institute of Electrical and Electronics Engineers (ANSI/IEEE C95.1-1992).
(C) Construction in residential districts. The construction of wireless telecommunications towers/facilities in residential zoning districts shall conform to all applicable existing zoning regulations, all development standards contained herein and the following supplementary regulations.
1.) In applying for site plan review to construct a wireless telecommunications tower/facility in any residential district, the applicant must present substantial evidence as to why it is not technically feasible to locate in a more appropriate nonresidential zone. Once those efforts to locate in a nonresidential zone have been exhausted, a wireless telecommunications facility may be located in a residential district.
2.) When the telecommunications facility is located on property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that vehicular access is provided to the facility.
(D) Placement of antennas and equipment. The placing of wireless telecommunications antennas on any legal tower, building or structure within the city is determined to be a conditionally permitted use in all zoning districts. The placement of equipment shall conform to the regulations of the zone in which it is located, as well as the following.
1.) Business and industrial zoning districts. No wireless telecommunications antenna shall be higher than 20 feet or 20% of the building height, whichever is greater, above the existing tower, building or structure in a nonresidential zoning district.
2.) Residential zoning districts. No wireless telecommunications antenna shall be higher than 20 feet above the existing tower, building or structure in a residential zoning district.
3.) Equipment shelters. If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on or attached to the building), the shelter shall comply with all applicable development standards contained herein. Also, vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
(E) Review and approval of plans. No person or entity shall construct a wireless telecommunications tower and facility, or place a wireless telecommunications antenna, on any legal tower, building or structure, without a site plan review (a public hearing and approval by the PZC), as specified below.
2.) The placing of a wireless telecommunications antenna on any legal tower, building or structure (which may or may not involve co-location with another wireless service provider) shall be reviewed and approved according to the standards and procedures set forth in this section of this Code, and the site plan shall consist of a drawing or depiction which accurately conveys the following information:
a.) A vicinity map indicating the location of the site and the existing structure;
b.) The location of the antenna on the structure;
c.) The length of any projection above the existing structure (if applicable); and
d.) The location of the equipment shelter. If the equipment shelter is separate from the structure, its size, fencing, landscaping, setbacks and evidence of legal access to the site shall be indicated.
3.) All other applicable site plan review procedures, as set forth in § 157.051 shall also be adhered to.
(14) Adult family homes, transitional. An adult family home, transitional whether new construction or renovation of existing building to accommodate such use shall meet and adhere to the following additional standards and supplementary regulations:
(A) Twenty-four hour supervision shall be provided by qualified staff at all transitional family homes;
(B) A plan for security of the premises shall be prepared. The PZC may require security personnel on the premises at all times;
(C) No kitchen facilities shall be located in any bedroom;
(D) Hard surface parking area shall be provided in compliance with the Code to accommodate staff/security and occupants; and
(E) Certification or licensing (when applicable) by the sponsor state or federal government agency shall be required within 90 days of issuance of a zoning permit/certificate of use by the city. Continuing certification/licensing shall be submitted to the city (Planning Department) in January of each year.
(15) Children group homes. A children’s group home, whether new construction or renovation of existing building to accommodate such use, shall meet and adhere to the following additional standards and supplementary regulations.
(A) Twenty-four hour supervision shall be provided by qualified staff (in accordance with the licensing and requirements issued by the Ohio Department of Jobs and Family Services) at all children group homes.
(B) Planning and Zoning Commission may grant conditional approval pending receipt of certification or licensing by the Ohio Department of Jobs and Family Services (ODJFS). Final approval shall not be granted or project cleared by the Planning Department until receipt of proof of such certification or licensing. Continuing certification/licensing shall be submitted to the City (Planning Department) in January of each year.
(C) The home must comply with the applicable building and fire codes for the city, county and state.
(D) Hard surface parking area shall be provided in compliance with the code to accommodate staff/security and occupants.
(E) Facilities shall be located on a parcel of land at least two acres in size.
(Prior Code, § 1226.02) (Ord. 2009-21, passed 10-27-2009; Ord. 2012-3, passed 5-8-2012; Ord. 2017-22, passed 12-12-2017; Ord. 2018-02, passed 3-13-2018; Ord. 2022-02, passed 3-8-2022; Ord. 2022-15, passed 10-11-2022)