The Board of Zoning Appeals shall establish beyond reasonable doubt that both the general standards and the specific requirements pertinent to each conditional use indicated herein shall be satisfied by the establishment and operation of the proposed conditional use. The Board of Zoning Appeals may also impose such additional conditions, guarantees, and safeguards as it deems necessary for the general welfare, for the protection of individual property rights, and for insuring that the intent and objectives of the Zoning Ordinance will be observed.
(a) General Requirements. The Board of Zoning Appeals shall review the particular facts and circumstance of each proposed use in terms of the following standards and shall find adequate evidence that such use on the proposed location:
(2) Will be harmonious with and in accordance with the general objectives, or with any specific objective of the Village comprehensive plan and/or the Zoning Ordinance.
(3) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
(4) Will not be hazardous or disturbing to existing or future neighboring uses.
(5) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
(6) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
(7) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
(8) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.
(9) Will not result in the destruction, loss, or damage of natural, scenic, or historic feature of major importance.
(b) Specific Guidelines for Conditional Uses and Selected Permitted Uses. Following is a list of guidelines for conditional and permitted uses as specified in the respective district regulations contained within Chapters 1139
to 1159
as well as any additional requirements cited within the respective Zoning District:
(1) Churches.
A. Minimum lot width shall be 150 feet.
B. Minimum lot area shall be two acres.
C. For every foot of height by which the building, exclusive of spire, exceeds the maximum height limitation for the District, an additional (to the minimum) foot of front, side or rear yard setback shall be provided.
D. The lot location shall be such that at least one property line abuts a collector street, secondary thoroughfare, or major thoroughfare.
(2) Drive-in, fast-food, and carry-out restaurants.
A. All points of entrance or exit should be located no closer than 100 feet from the intersection of two arterial thoroughfares, or no closer than fifty feet from the intersection of an arterial street and a local or collector street.
B. No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway, and no lighting shall shine directly on adjacent properties.
C. Each business shall be limited to two driveways. The maximum width of which shall not exceed thirty feet and which shall be defined by concrete or rolled curbing. Driveways opening on traffic lanes leading to the intersection of surface streets at which the business is situated shall be located as to provide not less than forty feet spacing between the intersection formed by the adjacent street right of way lines and the nearest side of such driveway. Driveways opening on traffic lanes leading away from the intersection shall be located so as to provide not less than twenty feet spacing between the intersection formed by the adjacent street right of way lines and nearest side of such driveways, measured along the right of way line. In the event the lineal frontage of the site exceeds 300 feet, three driveways shall be permitted with one additional drive permitted per 100 lineal feet thereafter.
D. Wherever feasible, the applicant is encouraged to design and construct a common service drive to accommodate individual access drives within the development. When located upon an arterial thoroughfare, the Board of Appeals may require such service drives be incorporated within the plan, and be constructed or performance bonds in lieu of such construction be presented to the Village prior to the issuance of a building permit for the proposed structures.
E. All permitted installations shall be kept in a neat and orderly condition so as to prevent injury to any single property, any individual, or to the community in general.
F. A setback of fifty feet shall be provided along the entire perimeter of the development, except where it adjoins a Business or Industrial District in which case setback and screening requirements shall be at the discretion of the Board of Appeals. Where situated adjacent to a residentially zoned area, a minimum of twenty feet along the exterior property line shall be planted with an evergreen hedge or planting of evergreen shrubs not less than four feet in height at the time of planting. Open storage, service, and loading areas shall be screened by walls, fences, or other enclosures at least six feet but not more than eight feet in height. These walls, fences, or enclosures shall have an opaqueness of seventy-five percent (75%) or more. Screening facilities shall not obscure traffic visibility within fifty feet of an intersection. The sight-proof screening provisions shall appear on the site plan submitted for a building permit, and shall be physically constructed when the business is occupied. These screening requirements may be waived if the business is effectively screened by natural topography. The Board of Appeals shall determine by whatever means it deems necessary to make such determination, and grant such relief from this standard in writing to the proposed user of the land.
G. Parking may be located in the front yard in the case of fast-foods or carryout restaurants only.
(3) Drive-in theater.
A. The lot location shall be such that at least one property line abuts a major thoroughfare and shall be at least 1,000 feet from any residentially zoned District.
B. The premises shall be enclosed with a solid screen fence seven feet in height.
C. All points of entrance or exit shall be located no closer than 250 feet to any intersection (as measured to the nearest intersection right of way line).
D. The interior of the premises shall be designed with respect to lighting, drainage and like, to the satisfaction of the Planning Commission.
E. Space shall be provided, on-premises, for a reasonable amount of waiting vehicles to stand at the entrance to the facility.
F. The theater screen shall not face, directly, or obliquely by less than 75 degrees, a major thoroughfare.
G. Acceleration and deceleration lanes shall be provided at points of public ingress and egress to the site.
(4) Hotel, motel, motor court.
A. Public access to the principal business shall be located so as not to conflict with access to adjacent uses or not adversely affect traffic flow on adjacent streets. Only one exit to the major thoroughfare shall be permitted.
B. Where the front yard is used to provide access, a twenty-five foot wide greenbelt shall be provided along the front property line, except for drive openings.
C. Each unit of commercial occupancy shall contain a minimum of 250 square feet of gross floor area.
(5) Bowling alley, indoor skating and similar uses.
A. Public access to the site shall be located at least seventy-five feet from any intersection (as measured from the nearest right-of-way line to the edge of the access.)
B. The main and accessory buildings shall be located a minimum of 100 feet from any residential use.
(6) Mortuary.
A. Minimum lot area shall be one acre.
B. A well designed and landscaped off-street vehicle assembly area shall be provided to be used in support of funeral procession activity. This area shall be in addition to required off-street parking area or its related maneuvering space.
C. A caretaker's residence may be provided within the main building.
(7) Child care centers, nursery school, day nurseries.
A. No dormitory facilities permitted.
B. For each child cared for, there shall be provided, equipped and maintained, on the premises, a minimum of 150 square feet of usable outdoor play area, minimum total area of 5,000 square feet per facility.
C. The outdoor play area shall be fenced in or screened by a heavily planted greenbelt from any abutting residential uses.
(8) Convalescent Homes (other than those facilities regulated by provisions under subsection (b)(18) hereof).
A. Minimum lot size shall be three acres.
B. The lot location shall be such that at least one property line abuts a collector street, secondary thoroughfare or major thoroughfare. The ingress and egress for off-street parking areas for guests and patients shall be directly from such thoroughfare.
C. The main and accessory buildings shall be set back at least seventy-five feet from all property lines.
D. The facility shall be designed to provide a minimum of 1,500 square feet of open space for every bed used or intended to be used.
This open space shall include landscaping and may include off-street parking areas, driveways, required yard setbacks and accessory uses.
(9) Kennels for dogs.
A. All dog kennels shall be operated in conformance with all applicable County and State regulations, permits being valid no longer than one year.
B. For dog kennels, the minimum lot size shall be two acres for the first four dogs and an additional one-third acre for each one additional dog.
C. Buildings wherein dogs are kept, dog runs, and/or exercise areas shall not be located nearer than 100 feet to any adjacent occupied dwelling or any adjacent building used by the public, and shall not be located in any required front, rear or side yard setback area.
D. All such facilities shall be subject to such other requirements deemed necessary to insure against the occurrence of any possible nuisance (i.e. fencing, sound-proofing, sanitary requirements).
(10) Animal hospitals.
A. Minimum main and accessory building setback shall be seventy-five feet from the front property line and fifty feet from all other property lines.
B. All principal use activities shall be conducted within a totally enclosed main building.
(11) Vehicle wash establishment.
A. Minimum lot size shall be 10,000 square feet.
B. All washing activities must be carried on within a building.
C. Vacuuming activities may be carried out only in the rear yard and at least fifty feet distant from any adjoining residential use.
D. The entrances and exits of the facility shall be from within the lot and not directly to or from an adjoining street or alley. An alley shall not be used as maneuvering or parking space for vehicles being serviced by the subject facility.
(12) Private clubs and lodges.
A. The lot shall be located so as to abut a collector street, secondary thoroughfare, or major thoroughfare with at least one property line.
B. Retail sales to guests only may be permitted, but there shall be no externally visible evidence of a commercial activity, however incidental, nor any access to any space used for commercial activity from other than within the building.
(13) Home occupation.
A. The use shall be secondary in importance to the use of the dwelling for dwelling purposes.
B. The use shall be conducted by the occupant with no employees.
C. The use shall be carried on entirely within the dwelling and not in an accessory building.
D. The home occupation shall not occupy more than twenty percent (20%) of the floor area of the dwelling unit.
E. The use shall not constitute primary or incidental storage facilities for a business, industrial, or agricultural activity conducted elsewhere.
F. No activity, materials, goods or equipment indicative of the proposed use shall be visible from any public way or adjacent property.
G. For purposes of identification of a home occupation, there shall be no more than one non-illuminated sign not to exceed two square feet in area and attached flat against a building wall.
H. The proposed use shall not generate noise, odor, dust, smoke, electromagnetic interference, or vehicular or pedestrian traffic in an amount which would tend to depreciate the residential character of the neighborhood in which the proposed use is located.
(14) Commmercial television, radio, public utility and microwave towers.
A. Such use shall be located centrally on a continuous parcel having a dimension at least equal to the height of the tower measured from the base of the tower to all points on each property line.
B. Unless specifically waived by the Board of Appeals, an open air fence between four and six feet in height shall be constructed on the boundary property lines.
(15) Development of natural resources and extraction of raw materials such as rock, gravel and sand, all provided that the following minimum conditions shall be complied with:
A. There shall be filed with the Zoning Inspector a location map which clearly shows areas to be mined and the location map adjacent properties, roads, and natural features.
B. Dimensional requirements for quarries shall be as specified below:
Required minimum distance from ad- jacent property that is zoned: | Residential or Office or Business (ft.) | Industrial (ft.) |
To any building | 200 | 100 |
To any crushing of rock, or processing of stone, gravel or other material | 300 | 200 |
To any blasting | 500 | 400 |
C. No excavation shall approach nearer than 300 feet to any residential district; 100 feet to a major traffic street; or nearer than sixty feet to any other street.
D. Information shall be submitted on the anticipated depth of excavations and on depth and probable effect upon the existing water table and coordinated with the Ohio Division of Water.
E. A permit for any quarrying may be issued for any period of from one to five years, at the discretion of the Board of Appeals, but the same shall not be issued until after the applicant shall have filed with the Village Clerk a bond with surety satisfactory to both the Village and the attorney for the Village as to form, sufficiency and execution. Such bond shall be in the amount of one thousand dollars ($1,000) per acre for each acre of land to be used for the operations set forth in the application and shall guarantee that the applicant will conform with the terms of the permit for the operations and with all other provisions of this chapter applying to such operations.
F. If all operations undertaken pursuant to any permit issued hereunder have been conducted in full compliance with the terms of such permit and all provisions of this chapter, the time limit of such permit may be extended by the Zoning Inspector for successive further periods each equal to the period for which the permit was originally issued, but not beyond any final limit, shall be subject to the filing of a new application to the Board of Appeals and the issuance of a new permit, as in the first instance.
G. When any open excavation will have a depth of ten feet or more, a substantial fence shall be erected at least fifty feet outside the edge of the excavation, which fence shall be at least six feet in height, with suitable gates effectively controlling access to the area in which such excavation is located.
H. All means of access to the property from any street shall be so located and designed as to avoid the creation of dangerous or otherwise undesirable traffic conditions and so as to avoid the routing of vehicles to and from the property over streets that primarily serve abutting residential development.
I. Side slope of the excavation shall be no steeper than two horizontal to one verticle, and a vegatative cover of such slopes shall consist of a short perennial drought resistant grass which will permit the establishment of a good sod cover.
J. All operations shall be conducted in a safe manner, with respect to likelihood of hazard to persons, physical damage to adjacent land or improvements and damage to any sinking or collapse.
K. All equipment and machinery shall be operated and maintained in such manner as to minimize dust noise and vibration. Access roads shall be maintained in dust-free condition by surfacing or other treatment as may be specified by the Village Engineer.
L. The quarry and all its buildings, pits and processing equipment shall be effectively screened from the view of any adjoining property in a Residential District with a fence or durable masonry wall six feet in height or natural planting of comparable opacity at least six feet in height.
M. All work conducted in connection with such operations shall be done between the hours of 7:30 a.m. and 5:00 p.m.
N. Filing with the Village Clerk of a restrictive covenant providing that no foreign matter, such as rubbish, car bodies, refuse, etc., shall be deposited within the excavation area. Such covenant shall be approved as to the form by the attorney for the Village, binding upon the applicants, their heirs, successors or assigns.
O. There shall be filed with the Board of Appeals a detailed plan for the restoration of the area to be mined which shall include the anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval than five feet, the type and number per acre of trees or shrubs or grass to be planted, and the location of the future roads, drives, drainage courses, or other improvements contemplated.
P. The following requirements shall be met in the Restoration Plan:
1. All excavation shall be made either to 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, non-flammable and non-combustible solids, to secure:
a. That the excavated area shall not collect and permit to remain therein stagnant water, or,
b. That the surface of such area which is not permanently submerged is graded or backfilled as necessary so as 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 not backfilled shall be sloped which shall not be less than three feet horizontal to one foot vertical and such bank shall be seeded.
2. All banks and extracted areas shall be surfaced with at least six inches of suitable soil, except exposed rock surfaces, and shall be planted or seeded with trees, shrubs, legumes of grasses and maintained until the soil is stabilized and approved by the Village Zoning Inspector.
3. All equipment and structures shall be removed within three months of the completion of the extraction of materials.
Q. There shall be filed with the Village Clerk a bond, payable to the Village and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The rate of the required bond shall be fixed by ordinance of Council. The bond shall be released upon written certification of the Zoning Inspector that the restoration is complete and in compliance with the restoration plan.
(16) Sanitary landfills.
A. All sanitary landfill sites shall be subject to approval by the County Health Department.
B. A topographic map showing the design of the sanitary landfill site at a scale of not over 200 feet to the inch and with five foot contour intervals shall be submitted with the application.
C. The applicant shall submit information describing the geological characteristics of the site.
D. The site shall be limited to areas where water pollution will not occur. The Board of Appeals may impose any conditions it deems necessary to prevent water pollution.
E. The site shall be accessible from at least two directions.
F. The site shall be so located as to minimize the effect of winds carrying objectionable odors to urbanized or urbanizing areas.
G. The sanitary landfill site shall be designed by a qualified expert and submitted to the County Health Department for approval.
H. Suitable shelter for landfill equipment shall be provided.
I. Suitable shelter and sanitary facilities shall be provided for personnel.
J. Suitable measures shall be taken to control fires.
K. An attendant shall be on duty, during the time the sanitary landfill is open, to supervise the unloading of refuse.
L. Blowing paper shall be controlled by providing a portable fence near the working areas. The fence and area shall be policed regularly.
M. Sewage solids or liquids and other hazardous materials shall not be disposed on the site.
N. There shall be no open storage or burning of refuse or garbage.
O. No bulky items such as car bodies, refrigerators, and large tires shall be disposed on the site.
P. Refuse shall be spread and compacted in shallow layers not exceeding a depth of two feet of compacted material.
Q. A compacted layer of at least six inches of suitable cover material shall be placed on all exposed refuse by the end of each work day.
R. In all but the final layer of a landfill, a layer of suitable cover material compacted to a minimum depth of one foot shall be placed daily on all surfaces of the fill except those where operations will continue on the following working day.
S. A layer of suitable cover material compacted to a minimum thickness of two feet shall be placed over the entire surface of each portion of the final layer not later than one week following the placement of refuse within that portion.
T. Conditions unfavorable for the production of insects and rodents shall be maintained by carrying out routine landfill operations promptly in a systematic manner.
U. Suitable measures shall be taken whenever dust is a problem.
V. The entire site, including the fill surface, shall be graded and provided with drainage facilities to minimize runoff onto and into the fill, to prevent erosion or washing of the fill, to drain off rain water falling on the fill, and to prevent the collection of standing water.
W. An inspection of the entire site shall be made by a representative of the County Health Department before the earthmoving equipment is removed from the site. Any necessary corrective work shall be performed before the landfill project is accepted as completed. Arrangements shall be made for the repair of all cracked, eroded, and uneven areas in the final cover during the year following completion of the fill.
X. Domestic animals shall be excluded from the site.
(17) Automobile service stations, repair garages, filling stations.
A. The use of the site shall be restricted to those functions related to the servicing and maintenance of automotive vehicles. The use of the site for non-automotive service and maintenance functions such as used car sales, trailer rental and the like shall be prohibited except where specifically provided for and approved as part of the Building Permit. The Board of Appeals shall have the authority to permit such uses for existing service stations only where the use can be adequately accommodated and the public interest served.
B. Outdoor display of merchandise on the site shall be restricted to the following:
1. Small supplies at the pump island of lubricating oils, additives, antifreeze, windshield wiper blades and similar items.
2. Tire displays and vending machines if located within or immediately adjacent to the perimeter of the service station building.
3. All other merchandise shall be located completely within the enclosed service station building.
C. All hydraulic hoists, oil pits and all lubricants, greasing, automobile washing and repair equipment shall be enclosed entirely within a building.
D. Minimum lot area shall be 15,000 square feet for an automobile service station or public garage and 12,000 square feet for a filling station.
E. Minimum lot width shall be 120 feet for a public garage or automobile service station and 100 feet for a filling station.
F. An automobile service station shall be located not less than forty feet from any right-of-way line and not less than twenty-five feet from any side or rear lot line abutting residentially used property.
G. Ingress and egress drives shall not be more than thirty feet as measured at the property line.
H. No more than one curb opening shall be permitted for every fifty feet of frontage (or major fraction thereof) along any street, with a maximum of two per frontage.
I. Driveways opening on traffic lanes leading to the intersection at which the business is situated shall be located as to provide not less than forty feet spacing between the intersection formed by the adjacent street right-of-way lines and the nearest side of such driveway. Driveways opening on traffic lanes leading away from the intersection shall be located so as to provide not less than twenty feet spacing between the intersection formed by the adjacent street right-of-way lines and the nearest side of such driveways, measured along the right-of-way line.
J. Exterior lighting shall be directed inward and away from abutting properties.
K. External areas for storage of rubbish and other discarded materials shall be completely screened by the use of a properly maintained rigid fence.
L. All parking and loading areas abutting residentially zoned land shall be completely screened with sight-proof screening with either of the following:
1. A solid masonry wall or solid fence not less than four feet nor more than six feet in height.
2. Densely planted evergreen hedge or evergreen shrubs not less than four feet in height at time of planting to be located on a strip of land, not less than twenty feet in width. Such grass strips and shrubs shall be maintained in good condition.
This standard is not mandatory when the business is separated from the residential property by a public street. Such sight-proofing screening provisions shall appear on the site plan submitted for a building permit, and shall be physically constructed when the business is occupied. These screening requirements may be waived if the business is effectively screened by natural topography. The Board of Appeals shall determine by whatever means it deems necessary to make such determination, and grant such relief from this standard in writing to the proposed user of the land.
M. A raised curb six inches high and six inches wide shall be constructed along all street frontages, except within driveway openings, and shall form an island having a minimum width of two feet. Such areas shall be landscaped by use of either of two foot berm, or landscape material two feet in height at installation with proper setback for safety. All such landscaped areas shall be adequately protected by a raised curb of not more than six inches in height, or a bumper guard.
(18) Community Based Residential Social Services Facilities.
A. Submission requirements. The operator or agency applying for a Conditional Use Permit to operate a Community Based Residential Social Service Facility shall submit the following information to aid the Board of Appeals in their review of the requested facility:
1. Information sufficient to establish the need for the facility in the proposed location, in relationship to the specific clientele served.
2. Identification of similar facilities presently existing within the County and its municipalities.
3. A license or evidence of ability to obtain a license, if such is required, from the pertinent governmental unit prior to operation. Prior to the issuance of a final Certificate of Occupancy, the operator or agency shall provide evidence that a valid license has been issued or is obtainable for the proposed special use on the subject property. If licensing is not available, a verified affidavit so stating shall be presented.
4. A copy of the sponsoring agency's operational and occupancy standards.
5. A detailed plan for services and programs.
B. Facility requirements.
1. Every room occupied for sleeping purposes within the home shall contain a minimum of eighty square foot of habitable room area for one occupant, and when occupied by more than one shall contain at least sixty square foot of habitable room area for each occupant.
2. Suitable space shall be provided for indoor and/or outdoor recreational activities for the clientele served, based upon generally accepted recreational standards or those specified by the licensing authority.
3. No exterior alterations of the structure shall be made which depart from the residential character of the building. All new structures prepared shall be of compatible residential design with the surrounding neighborhood, to the degree possible.
4. Off-street parking requirements: One space per every three persons residing in a family or Community Based Residential Social Service Facility except for facilities prohibiting ownership or operation of automobiles by occupants of such facilities. In any case, suitably screened off-street parking shall be provided on a one-to-one ratio to the number of autos operated out of the facility. Within neighborhoods in which one-street parking is accepted practice, on-street space directly abutting the subject lot may substitute for a proportion of the required off-street spaces if approved by the Board of Appeals.
5. Resident density shall not exceed that density permitted within the respective zoning district in which the facility is proposed.
C. Findings by the Board of Appeals. In its review of each proposed facility, the Board of Appeals shall make specific findings of fact relative to the following criteria. The proposed facility:
1. Is in fact a community based residential social service facility licensed by the appropriate authority to provide such service within the State (and the Village.) If such licensing is not available, a verified affidavit so stating has been presented to document this statement.
2. Is in fact a needed facility in the location proposed, based upon evidence acceptable to the Board of Appeals.
3. Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or officially planned uses in the general vicinity and that such use will not change the essential character of the same area. In this regard, it does not contribute to a concentration of such facilities in the respective area.
4. Will not be hazardous or disturbing to existing or officially planned future neighboring uses from the standpoint of noise, lights, congestion or traffic generation which would be incompatible with the neighborhood environment.
5. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
6. Will not involve uses, activities and conditions of operation that will be detrimental to any persons, property, or the general welfare.
7. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.
(Ord. 82-1. Passed 2-16-82.)