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(a) Bars, Taverns and Night Clubs.
(1) The establishment shall meet all requirements of Ohio state law.
(2) Live entertainment or other forms of amplified music may be provided outdoors, only if the establishment is at least 1,000 feet from any residence.
The requirements of related to outdoor seating, as specified in this section, shall also apply.
(b) Bed and Breakfast.
(1) A bed and breakfast shall be operated at all times in accordance with State of Ohio requirements.
(2) A bed and breakfast shall not provide more than five (5) guest rooms, plus a common area for use by all guests.
(3) A bed and breakfast establishment shall be located only in a detached single-family dwelling, designed and constructed for single family use, which shall contain at least 1,500 square feet of living area. For each guest room in excess of two (2), an additional 100 square feet of floor area shall be required.
(4) The bed and breakfast shall be the principal residence of the owner, who shall reside there when the bed and breakfast is in operation. If the owner is not in residence in the dwelling unit for fourteen (14) consecutive days or more, the bed and breakfast shall be closed until the owner returns.
(5) Meals for guests shall be limited to breakfast and evening snack.
(6) There shall be at least one (1) parking space provided for each guest room, in addition to the parking spaces required to serve the principal residence.
(7) One sign, not exceeding six (6) square feet, shall be allowed for identification purposes. Sign lighting shall be down-lit and shielded from view off site. Internally lighted signs are not permitted.
(8) Cooking facilities in bed and breakfast guest rooms are prohibited.
(9) Exterior refuse storage facilities shall be screened from view on all sides by a six (6) foot solid decorative fence or wall, or by other screening approved by the Zoning Administrator.
(10) In addition to the site plan required by this Ordinance, a floor plan of the dwelling unit and the use of each room shall also be submitted with the conditional use application.
(11) No use other than as the owner's principal residence and as a bed and breakfast shall be permitted.
(c) Outdoor Seating for Restaurants, Bars and Similar Establishments.
(1) The outdoor seating area shall not obstruct pedestrian movement along adjacent sidewalks. A minimum sidewalk width of five (5) feet shall remain unobstructed between the limits of the outdoor seating area and the outer edge of the walkway.
(2) The outdoor seating area shall be surrounded by a decorative fence or similar enclosure with access only from within the building.
(3) Outdoor seating capacity shall be included in the computation of required parking.
(4) Limitations may be imposed upon hours of operation, live music, outdoor sound amplification, and/or lighting where the proposed use may create nuisance effects upon adjacent or nearby residential uses.
(d) Public Boat Ramp.
(1) A minimum site size of one (1) acre shall be provided.
(2) Evidence of state and/or federal approvals, as applicable, shall be provided.
(3) Paved parking shall be provided to accommodate vehicles and trailers.
(4) Restroom facilities shall be installed.
(e) Restaurants, Drive-in or Drive-Through.
(1) Sufficient vehicular stacking capacity for the drive-in or drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. A minimum of eight (8) stacking spaces for each service ordering station shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation, fire lanes, parking spaces and egress from the property by vehicles not using the drive-in or drive-through portion of the facility.
(2) Public access to the site shall comply with the driveway spacing standards of Section 1149.06 but, in no case, be located closer than 125 feet to any intersection or other driveway on the same side of the street, as measured from the nearest edge of pavement to the nearest edge of pavement.
(3) Internal circulation and access to/egress from the site shall not substantially impair the movement of other modes of transportation, such as bicycles and pedestrians, to and through the site.
(4) Menu boards with speakers for the transmission or broadcasting of voices or music shall be oriented and/or muffled to prevent sound from being audible beyond the boundaries of the site.
(f) Sexually Oriented Businesses.
(1) Purpose. The proximity of sexually oriented businesses to certain uses considered particularly susceptible to the negative impacts of the concentration of sexually oriented uses tends to erode the quality of life, adversely affect property values, disrupt business investment, encourage residents and businesses to move or avoid the community, increase crime, and contribute to a blighting effect on the surrounding area. There is convincing documented evidence, all of which is relevant to the problems and conditions that could prevail in this City, of the deleterious effect that sexually oriented businesses have on both existing businesses around them and the surrounding residential areas to which they may be adjacent. Therefore, the following purposes are served by these regulations:
A. This section describes the uses regulated and the specific standards necessary to ensure that the adverse effects of these uses will not contribute to the deterioration of the surrounding neighborhood, to prevent undesirable concentration of these uses, and to require sufficient spacing from uses considered most susceptible to negative impacts.
B. These provisions are not intended, nor shall they have the effect of, imposing a limitation or restriction on the content of any communicative materials including, but not limited to, sexually oriented materials that are protected by the First Amendment to the United States Constitution.
C. Additionally, it is not the intent of the provisions of this section, nor shall it have the effect of, restricting or denying access by adults to sexually oriented materials that are protected by said federal and state constitutions.
D. Further, it is not the intent of these provisions, nor shall they have the effect of, denying access by the distributors and exhibitors of sexually oriented entertainment to their target market.
E. These regulations shall not be interpreted as intending to legitimize any activities that are prohibited by federal or state law, or by any other ordinance of the City of Lorain.
F. The provisions of this section shall apply to all uses defined in this ordinance as sexually oriented businesses.
(2) Conditional Use Approval.
A. The application for and review of the conditional use request for a sexually oriented business shall be processed, as specified in Section 1143.02; provided, that the Planning Commission shall only make a recommendation to approve, approve with conditions or deny the application. The recommendation shall be made to the City Council.
B. Upon receipt of the recommendation, the City Council shall make a decision to approve, approve with conditions or deny the application for conditional use approval. At the discretion of either body, a public hearing, duly noticed in accordance with the provisions of Section 1177.03, may be conducted.
(3) Location of Sexually Oriented Businesses.
A. A sexually oriented business shall not be located within 1,000 feet, measured in a straight line from the nearest property line of the sexually oriented business to the nearest property line of:
i. Any place of religious worship;
ii. Any school;
iii. The boundary of any residential zoning district;
iv. A public park or recreation area;
v. Any public library;
vi. A day care facility;
vii. An establishment selling alcoholic beverages;
viii. A youth activity center; or
ix. The property line of a lot devoted to residential use.
B. A sexually oriented business shall not be operated, established, substantially enlarged, or have ownership or control of such a business transferred within 500 feet of another sexually oriented business.
C. For the purpose of this article, measurement 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 use or location specified in subsection (f)(3)A. hereof.
D. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant of conditional approval, of any use specified in subsection (f)(3)A. hereof. This provision does not apply if conditional use approval has expired or has been revoked.
(4) Management and Employees. Employees of such establishments must be at least eighteen (18) years of age. A manager must be on duty and responsible for activities at the establishment at all times.
(5) Nudity at Any Sexually Oriented Business.
A. The United States Supreme Court decision in Barnes v. Glen Theater, Inc., 501 U.S. 560, 111 (1991) which upheld the rights of communities to prohibit live public exposure of a person's private parts, specifically applies to sexually oriented businesses (regardless of whether or not conditional approval has been granted to the business under this section) where no alcoholic beverages are sold, served, or consumed at the premises.
B. Public nudity is prohibited within the City, including any sexually oriented business. Any sexually oriented business which is found in violation of this section shall have its conditional approval rescinded pursuant to the provisions of this section.
C. This section shall prohibit the employment or use of any person, in any capacity, in the sale or service of beverages and/or food while such person is unclothed or in such attire, costume or clothing, as to expose to view any portion of the female breast below the top of the areola or of any portion of the male or female pubic hair, anus, cleft of the buttocks, vulva and genitals.
D. Live entertainment where any person appears in the manner described in subsection (f)(5)A. hereof may not perform and/or simulate acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual act prohibited by law. Also prohibited shall be the caressing or fondling of the breast, buttocks, anus and/or genitals. Also prohibited will be the displaying of the male or female pubic hair, anus, vulva or genitals.
E. Nude dancers/entertainers may not dance among the audience. The entertainer must perform on a stage separate from the audience and built at least two (2) feet above the audience level. No adult entertainer shall be allowed to walk or mingle among the audience unless the performer is fully clothed.
F. No advertisements, handbills, marquees or any other form of advertisement may use sexual language or display nudity where the advertisement may be viewed by the public.
G. Proper care shall be exercised to assure that no nudity is in view of the public.
H. Adult entertainers/dancers may not solicit tips from the customers.
(6) Additional Regulations for Adult Motels.
A. Evidence that a sleeping room in a hotel, motel, boarding house or a similar commercial establishment has been rented and vacated two (2) or more times within less than ten (10) hours creates a reasonable presumption that the establishment is an adult motel as that term is defined in this ordinance.
B. A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel, boarding house or similar commercial establishment that has not received conditional approval as a sexually oriented business, he rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, rents or subrents the same sleeping room again.
C. For purposes of this subsection, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.
(7) Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos. If a sexually oriented business, other than an adult motel, contains a viewing room of less than 150 square feet for showing a film, video cassette, DVD, digital display or other video reproduction depicting specified sexual activities or specified anatomical areas, the following requirements shall apply:
A. Upon application for conditional use approval, the application shall be accompanied by a diagram of the premises showing a plan specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and identifying any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram must be oriented to the north or to some designated street or object and be drawn to a designated scale or with marked dimensions sufficient to show the interior dimensions of all areas of the premises to an accuracy of plus or minus six (6) inches.
B. The application shall be sworn to be true and correct by the applicant.
C. No alteration in the configuration or location of a manager's station may be made without approval.
D. It is the duty of the owners and operator of the premises to ensure that at least one (1) employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
E. The interior of the premises shall be configured in such a manner that there is an unobstructed view from at least one (1) manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video display equipment. The required view must be by direct line of sight from the manager's station.
F. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the required view area remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and that no patron is permitted access to any area which has been designated in the application as an area in which patrons will not be permitted.
G. No viewing room may be occupied by more than one (1) person at any time. No holes, commonly known as "glory holes" shall be allowed in the walls or partitions which separate each viewing room from an adjoining room or restroom.
H. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1) footcandle as measured at the floor level. It shall be the duty of the owners and operator and of any agents and employees in the premises to ensure that the illumination is maintained at all times that any patron is in the premises.
(8) Prohibitions Regarding Minors. A person shall be guilty of a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for the business, and knowingly or with reasonable cause to know, permit, suffer, or allow:
A. Admittance of a person under eighteen (18) years of age to the premises, unless accompanied by a parent or guardian;
B. A person under eighteen (18) years of age to remain at the premises, unless accompanied by a parent or guardian.
C. A person under eighteen (18) years of age to purchase goods or services at the premises without the specific consent of a parent or guardian; or
D. A person who is under eighteen (18) years of age to work at the premises as an employee.
(9) Advertising and Lighting Regulations.
A. It shall be unlawful and a person shall be guilty of a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not conditional use approval has been issued, and advertises the presentation of specified sexual activities contrary to any applicable state statute or local ordinance.
B. It shall be unlawful and a person shall be guilty of a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not conditional use approval has been issued, and displays or otherwise exhibits the materials and/or performances available at such sexually oriented business in any advertising which is visible outside the premises. This prohibition shall not extend to advertising the existence or location of the sexually oriented business.
C. The operator shall not allow any portion of the interior premises to be visible from outside the premises.
D. All off-street parking and premise entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one (1) footcandle of light on the parking surface and walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required site plan of the premises.
E. Nothing contained in this section shall relieve the operator(s) of a sexually oriented business from complying with all other applicable requirements of this Ordinance, as it may be amended from time to time, or any subsequently enacted City ordinances or regulations.
(10) Hours of Operation. It shall be unlawful and a person shall be guilty of a misdemeanor if:
A. He/she operates or causes to be operated a sexually oriented business, regardless of whether or not conditional approval has been granted, and allows the business to remain open, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 1:00 a.m. and 9:00 a.m. on any particular day and between 12:01 a.m. Sunday and 9:00 a.m. Monday.
B. An employee of a sexually oriented business, regardless of whether or not conditional approval has been granted for the business, engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service or solicits a service between the hours of 1:00 a.m. and 9:00 a.m. on any particular day and between 12:01 a.m. Sunday and 9:00 a.m. Monday.
(Ord. 4-21. Passed 1-4-21.)
(g) Short-Term Rental.
(1) A short-term rental shall be operated at all times in accordance with State of Ohio requirements.
(2) Required Approvals. A short-term rental shall be in compliance with all applicable City of Lorain ordinances, including but not limited to, rental registration requirements and the transient lodging tax.
A. Proof of Compliance. Copies of any approvals from the Building, Housing & Planning Department, Treasurer's Office, Income Tax Department, and all other appropriate agencies are required.
(3) There shall be at least one and one-quarter (1.25) off-street parking spaces provided for each guest room. Spaces in an attached or detached garage are included.
(4) Approval in Business and Industrial districts is only applicable in preexisting non-conforming uses for residential purposes.
(5) In addition to the provisions outlined in Lorain Codified Ordinance 1173.04 (Enforcement), when Zoning Administrator finds that any provision of this Code is being violated, the Planning Commission shall review the violation(s) and relevant provisions. Following its review, the Planning Commission may revoke the permit after noncompliance has been determined. (Ord. 251-23. Passed 12-4-23.)
(a) Places of Religious Worship. The purpose of these requirements is to integrate places of religious worship into the fabric of Lorain's neighborhoods, but not at the expense of the residential character of those areas. Therefore, the scale of the facility, parking lots and related uses shall be compatible with abutting homes and in character with the surrounding neighborhood.
(1) When located in a residential district, in addition to the above stated general conditions, places of religious worship shall be subject to the following requirements:
A. Minimum lot area shall be two (2) acres.
B. Minimum lot width shall be 200 feet.
C. At least one (1) property line, meeting the minimum width requirement of the zoning district, shall abut and have direct access to an arterial or collector street.
D. To the extent practical, shared parking arrangements should be employed with other uses in the vicinity, in accordance with the provisions of Section 1149.02(o).
(2) Places of religious worship shall not be permitted within the area along Broadway Avenue from Erie Avenue on the north to 9th Street on the south, extending west to Reid Avenue and east to the Black River.
(b) Schools, K-12. The purpose of these requirements is to integrate schools into the fabric of Lorain's neighborhoods, but not at the expense of the residential character of those areas. Therefore, the scale of the school, parking lots and related uses shall be compatible with abutting homes and in character with the surrounding neighborhood. When located in a residential district, in addition to the above stated general conditions, schools K-12 shall be subject to the following restrictions:
(1) Minimum lot area shall be two (2) acres.
(2) Minimum lot width shall be 200 feet.
(3) Maximum building height may be up to fifty-five (55) feet.
(4) At least one (1) property line, meeting the minimum width requirement of the zoning district, shall abut and have direct access to an arterial or collector street.
(5) To the extent practical, shared parking arrangements should be employed with other uses in the vicinity, in accordance with the provisions of Section 1149.02(c).
(6) All buildings, parking areas and outdoor activity areas (ball fields, tennis courts, playgrounds, bleachers, etc.) shall be set back a minimum of fifty (50) feet from any side or rear property line.
(7) Lighting for night-time activity areas shall be directed and shielded so the light source is not visible from any surrounding residential use. All lighting, including building and security lighting shall be located to prevent glare on adjacent properties and streets.
(c) Wind Energy Conversion Systems.
(1) General requirements.
A. The minimum lot area for installation of a commercial wind energy conversion system (WECS) shall be 12,000 square feet.
B. The power rating of a single accessory WECS turbine shall not be greater than twenty-five (25) kW.
C. A single accessory WECS shall provide energy only to the structures and uses on the same property upon which the tower is located and must be owned or leased by the owner of the same property. However, this does not prevent power generated beyond the needs of the structures or uses on the property to be distributed to a utility company through net metering. Except for the utility company, power generated by the WECS may not be provided to any other property or entity.
D. Sound attributed to a single accessory WECS in excess of fifty-five (55) dB(A) shall not be discernible at the property line.
E. A sign, not exceeding three (3) square feet in area naming the manufacturer may be affixed to the base of the tower or to the nacelle; no other signs are permitted on the WECS.
F. Lights on or directed toward a WECS are not permitted.
G. A single accessory WECS shall be painted in a neutral matte color, such as gray or light blue, to blend with the sky. A building mounted WECS may be painted in colors complementary to those of the building.
H. A single accessory WECS shall have an automatic braking, governing, or feathering system to prevent uncontrolled rotation or over speeding. Emergency shut-off information shall be posted on the tower in a location that can be easily seen.
I. A single accessory WECS shall employ an anti-climbing device or be designed to prevent climbing and other unauthorized access.
J. The installation of a single accessory WECS shall not interfere with signal transmission or reception of an existing fixed broadcast, re-transmission or reception antenna for radio, television or wireless phone or personal communication systems.
K. The applicant shall provide written evidence that the WECS complies with all applicable federal, state and county requirements, in addition to city ordinances.
L. All single accessory WECS installations shall comply with applicable ANSI (American National Standards Institute), National Electric Code and National Building Code standards, as adopted by the State of Ohio, Lorain County and the City of Lorain.
M. A WECS shall be removed when the device or equipment is no longer operating or when it has been abandoned. A WECS shall be deemed abandoned when it has not produced electrical energy for twelve (12) consecutive months.
N. An existing and approved single accessory WECS may be repaired and maintained; however, a WECS may only be replaced with a new WECS upon approval of the Planning Commission; provided, the new WECS is of the same height, rotor diameter, setback, etc. as the WECS it replaces. A new or replacement WECS shall mean all of the WECS, excluding the tower or support structure.
(2) Ground-mounted single accessory WECS.
A. A ground mounted single accessory WECS shall not be located within any front yard and shall be located at a distance at least equal to its height from all property lines. The setback shall be measured from the property line (considered as a plane extending from the ground to the highest point of the WECS) to the closest extension of the rotor relative to the property line. No part of a single accessory WECS (including guy wire anchors) shall be located within or above a required setback.
B. WECS height shall be limited based on the setback requirements in subsection (c)(2)A.; provided, on a property less than one (1) acre in area, the height shall not exceed fifty (50) feet; and on property one (1) acre or greater the height shall not exceed seventy-five (75) feet.
C. The minimum rotor blade tip clearance from grade and from any structure shall be twenty (20) feet.
D. The diameter of the rotor depends on maximum single accessory WECS height and rotor blade tip clearance, but in no case shall it exceed fifty (50) feet.
E. The tower used to support a WECS shall be adequately anchored and meet applicable standards, as certified by a structural engineer registered in the State of Ohio.
(3) Building Mounted Single Accessory WECS.
A. The diameter of the rotor shall not exceed twenty (20) feet.
B. WECS height shall not exceed the maximum permitted height for principal buildings in the district, plus fifteen (15) feet.
C. A single accessory WECS shall be separated from adjoining property lines a distance equal to the height of the building (ground to peak) measured at the point where the WECS is mounted plus the height of the WECS. The setback shall be measured from the property line (considered as a plane extending from the ground to the highest point of the WECS) to the closest extension of the rotor relative to the property line.
D. A building mounted single accessory WECS shall not be mounted to the vertical face of a gable end or dormer that is visible from the street. To the greatest degree possible, the WECS shall be mounted to the building in the least visible location.
E. The mount and the structure used to support a building mounted WECS shall meet applicable standards, as certified by a structural engineer registered in the State of Ohio.
(4) Discretionary Conditions. The Planning Commission may impose other terms and conditions regulating the construction, installation, use, maintenance, repair and removal of a WECS, including, but not limited to, the following:
A. The preservation of existing trees and other vegetation not required to be removed for installation of a WECS.
B. The reasonable replacement of trees or other vegetation removed or destroyed during the construction or installation of a WECS.
C. Altering the location of the WECS to prevent impacts on neighboring properties; provided, all other requirements of this section are met.
(5) Performance Guarantee. A performance guarantee may be required, in accordance with the provisions of Section 1173.06 and conditioned upon the timely and faithful performance of all required conditions, including but not limited to the timely and complete removal of a WECS, regulated under the terms of the section. The performance guarantee shall remain in effect during and after the operation of a WECS until its operations have ceased and it has been removed.
(d) Wireless Communication Facilities and Towers.
(1) Required Approvals. The placement of wireless communications facilities and towers shall meet the following approval requirements:
A. Installation of New Towers. The construction and installation of any new tower shall only be in accordance with the review and approval procedures of this chapter.
B. Installation of New Antenna. The installation of new antenna(s) on existing towers, including legal non-conforming towers, and existing alternative structures (such as water towers, buildings, or church steeples) may be approved by the Zoning Administrator, subject to all requirements of this section. Any new antenna that will add either ten percent (10%) or twenty (20) feet, whichever is less, above the highest point of any existing tower or alternative structure shall be subject to the provisions of this section for the installation of new towers, as described below.
C. Installation of New Accessory Structures. The installation of new accessory structure(s), such as equipment buildings, to support the installation of additional antennas on existing towers or alternative structures may be approved by the zoning administrator.
(2) Removal. Any tower unused or left abandoned for twelve (12) consecutive months shall be removed by the property owner at his/her expense. Regardless of the tower ownership, the property owner shall be responsible for removal. Upon the request of the Planning Commission, the operator of any facility to which this provision applies shall provide documentation of the use of that facility for the purpose of verifying any abandonment.
(3) Interference with Public Safety Facilities. No new wireless communications facilities or tower shall result in any interference with public safety telecommunications.
(4) Required Documentation for all Facilities. In addition to the requirements provided in this section for conditional approval, applications for new towers, new antenna, and new related facilities, including equipment mounted on an existing building, shall include the following:
A. Engineer's Report. A report from a professional engineer licensed in the State of Ohio that:
i. Describes the height and design of any new tower and/or antenna including a cross-section, latitude, longitude, and elevation;
ii. Describes or updates (in the case of new antenna) the tower's capacity, including the type and number of antennae it can accommodate;
iii. Certifies compliance of the construction specifications with all applicable building codes (including but not limited to the foundation for the tower, anchors for the guy wires if used, co-location, and strength requirements for natural forces: ice, wind, earth movements, etc.);
iv. Certifies that the facility will not interfere with established public safety telecommunication facilities; and
v. Includes the engineer's seal and registration number.
B. Letter of Intent. A letter of intent committing the tower owner, property owner, antenna owners, and their successors to allow the shared use of the tower.
C. Proof of Compliance. Copies of any required approvals from the Federal Communications Commission (FCC), Federal Aviation Administration (FAA) and all other appropriate state and federal agencies.
D. Removal Affidavit. A letter committing all parties, including the property owner and his/her successors, to remove the tower and all related accessory structures, fences, landscaping, and equipment if the tower is abandoned (unused for a period of twelve (12) consecutive months). The removal affidavit shall be recorded in Lorain County, with a copy of the recorded affidavit provided to the City of Lorain zoning administrator.
(5) Determination of New Tower Need. Any proposal for a new telecommunications tower shall only be approved if the applicant submits verification from a professional engineer licensed in the State of Ohio that the antenna(s) planned for the proposed tower cannot be accommodated on any existing or approved towers or other structures within a two (2) mile radius of the proposed tower location due to one or more of the following reasons:
A. Existing Public Site. There are no existing publicly owned towers or sites suitable to accommodate the proposed tower or antennas.
B. Inadequate Structural Capacity. The antenna(s) would exceed the structural capacity of an existing or approved tower or other structure.
C. Interference. The antennas would cause interference impacting the usability of other existing or planned equipment at the tower site.
D. Inadequate Height. The existing or approved towers or structures within the search radius cannot accommodate the planned equipment at the height necessary.
E. Land Availability. Additional land area is not available (when necessary).
(6) Design Requirements for new Towers and Related Facilities. All telecommunications facilities shall meet the following design requirements:
A. Lighting. Tower lighting shall only be as required for safety or security reasons or as required by the FAA or other federal or state authority. All ground level security lighting shall be oriented inward so as not to project onto surrounding properties, and shall have ninety (90) degree cut-off luminaries (shielded down lighting).
B. Co-Location. All telecommunication towers shall be designed, and engineered structurally, electrically and in all other respects to accommodate both the applicant's equipment and at least one (1) additional user for every fifty (50) feet in total tower height in excess of seventy-five (75) feet.
i. Each additional user shall be assumed to have an antenna loading equal to that of the initial user.
ii. Towers must be designed to allow for rearrangement of antennas and to accept antennas mounted at varying heights.
C. Height. All towers and antenna shall conform to FAA tall structure requirements. The maximum height of accessory structures shall be fifteen (15) feet.
D. Signs. Signs for all telecommunications facilities shall be permitted up to a total of four (4) square feet per user and mounted on the fence.
(7) Site Requirements for new Towers and Related Facilities. All telecommunications facilities shall meet the following site requirements:
A. Vehicular Access. Vehicle access drives may be gravel or paved and shall be located within an access easement that is a minimum of twenty (20) feet in width. Any portion of the entrance located in a public right-of-way shall meet the applicable public street design, construction, and pavement requirements for the City of Lorain.
B. Site Area. The lot (or lease area) where the tower is located shall be large enough to accommodate all future anticipated accessory structures needed by future antenna users. The size of the site shall also be of sufficient area to allow the location of one additional tower and associated support facilities.
i. The arrangement of the initial tower and the topography of the site shall be considered in determining the sufficiency of the site area.
ii. At a minimum, the width and depth of the tower site shall be a distance equal to the tower height. The tower shall be placed within the property, so it is no closer to any lot line than one-half (½) the tower height.
iii. All tower supporting and stabilizing wires shall be located within the site area.
C. Setback. The required setbacks for the tower and related facilities shall be as follows:
i. Side and rear setback. The minimum side and rear setback for all facilities, including the security fence, shall be twenty-five (25) feet.
ii. Front setback. The minimum front setback for all facilities shall be as specified by this Ordinance for the zoning district in which it is located. No part of a wireless telecommunications facility, including the security fence, and any required guide wires or bracing shall be permitted in the required front setback.
iii. Additional setback from residential districts. No facility shall be placed closer than one and one-half (1½) times the total height of the tower or 200 feet, whichever is greater, to any property located within a residential district.
iv. Additional landscaping. Landscape screening, in addition to the requirements of this section, may be provided in the setback area.
D. Encroachment. No part of any telecommunications facility nor associated lines, cables, equipment, wires or braces shall at any time extend across or over any part of a public right-of-way, sidewalk, or property line.
E. Fencing. An eight (8) foot high security fence shall completely surround the tower and accessory equipment building site. Any deterrents, such as barbed wire, shall be at least seven (7) feet above grade.
i. Required landscape screening, as described in subsection (d)(8), shall be located outside of the required fence.
ii. If located within a residential district, the required security fence enclosing the facility shall be one hundred percent (100%) opaque. Chain link fence may be used; provided, it is covered by a green or black wind screen. Opaque, eight (8) foot tall gates shall be provided for access.
F. Design review districts. No new telecommunications tower shall be located within any design review district; provided, one (1) or more telecommunications antennae may be located on existing towers or public facilities.
(8) Landscape Screening. Evergreen buffer plantings shall be located and maintained around the outermost perimeter of the security fence of all wireless communications facilities. The landscape plan for the site shall specify plants in a number and design to provide a screen of the fence, all equipment and the base of the tower, as determined by the planning commission.
A. If evergreen shrubs are used, they shall be planted a maximum of five (5) feet apart on center.
B. If evergreen trees are used, they shall be planted a maximum of ten (10) feet apart on center.
(Ord. 4-21. Passed 1-4-21.)
(a) Accessory Dwelling Units.
(1) An accessory dwelling unit may only be located within or attached to a single-family detached dwelling.
(2) Occupancy of the accessory dwelling unit shall be limited to grandparents, parents, children, step-children, or grandchildren of the family occupying the principal dwelling.
(3) The accessory dwelling unit shall share the same sewage disposal and water supply systems as the principal dwelling unit.
(4) A minimum of one (1) off-street parking spaces shall be provided for the accessory dwelling unit in addition to the off-street parking spaces required for the principal dwelling unit.
(5) The accessory dwelling unit shall be limited in size to a maximum of twenty-five percent (25%) of the total living area of the principal dwelling.
(6) The accessory dwelling may contain no more than a living area, one (1) bedroom, one (1) bath and a kitchenette (including a small refrigerator, microwave oven, stove and sink).
(7) The property owner shall live in the principal or accessory dwelling as the principal place of residence.
(8) No new access points or driveways shall be created or installed for access to the accessory dwelling unit.
(b) Adult Day Service Facility.
(1) Proof of licensing from the State of Ohio for the facility shall be provided.
(c) Boarding House.
(1) The boarding house uses shall be so designed, maintained and operated as to comply with inspection and rules of applicable city or county health agencies and the regulations of all other applicable City codes, and to minimize possible disruptive effects on the character of adjacent and nearby properties.
(2) The boarding house shall be the principal residence of the owner, who shall reside there when the boarding house is in operation. If the owner is not in residence in the dwelling unit for fourteen (14) consecutive days or more, a resident manager shall reside on the premises. In no case, however, shall the owner be absent for a period exceeding sixty (60) days.
(3) The boarding house shall contain a minimum of 2,000 square feet of livable area.
(4) A maximum of five boarders shall be permitted, regardless of the size of the dwelling.
(5) Parking shall be provided in accordance with Chapter 1149 at a ratio of one (1) space per boarder, plus two (2) for the principal dwelling. The design and construction of parking areas, service areas and access drives shall be as approved by the planning commission.
(6) The property must have approved public sanitary sewer and water facilities and meet applicable fire and safety standards.
(7) Meals may be served in a common dining area to boarders but shall not be made available on a commercial basis to the general public.
(8) Cooking facilities in guest rooms are prohibited.
(9) Exterior refuse storage facilities shall be screened from view on all sides by a six (6) foot solid decorative fence or wall, or by other screening approved by the Planning Commission.
(10) In addition to the site plan required by this Ordinance, a floor plan of the dwelling unit and the use of each room shall also be submitted with the conditional use application.
(d) Home-Based Child Care (six or more).
(1) Proof of licensing from the State of Ohio for the facility shall be provided.
(2) The use shall only be located within an occupied dwelling.
(3) Hours of operation shall be between 6 a.m. and 9 p.m., unless otherwise approved by the Planning Commission based upon a finding under particular circumstances of no negative impact on neighboring properties or the surrounding area.
(4) Outdoor play areas shall be completely enclosed by a chain link or solid fence or wall at least four (4) feet high.
(e) Home Occupation.
(1) The home occupation shall be carried on entirely within the principal dwelling unit and not occupy more twenty-five percent (25%) of the total floor area of the dwelling. No business shall be conducted in an accessory building
(2) There shall be no change to the exterior of the dwelling or premises with the exception of one (1) non-illuminated exterior sign, not more than two (2) square feet in area, attached to the wall of the dwelling.
(3) No persons other than members of the family residing in the dwelling unit shall be engaged in the home occupation.
(4) Equipment used in the conduct of the home occupation shall be limited to that customarily found in a home. No mechanical equipment or activity shall create dust, noise, odor, or electrical disturbance beyond the confines of the lot on which the occupation is conducted.
(5) There shall be no sale of goods on the premises and no outdoor display of articles, merchandise or products shall be permitted.
(6) Traffic shall not be generated in greater volume than would normally be expected in a residential neighborhood.
(f) Residential Social Services.
(1) A license or evidence of obtainability of a license, other than city licensing, from all applicable governmental units or agencies shall be submitted with the conditional use application. When a license is not required of the applicant by a governmental unit or agency, a written affidavit shall be presented by the agency to which the applicant is accountable stating that no license is required. The affidavit shall further describe the procedures that have been established in lieu of licensing to assure proper exercise of agency-established guidelines.
(2) The sponsoring agency's operational and occupancy standards shall be provided with the conditional use application.
(3) Documentation shall be provided which indicates the responsibilities of both the sponsoring agency and the facility operator in terms of services, programs and care.
(4) All residential social service facilities shall meet the following requirements:
A. Proof of state licensing shall be provided.
B. A resident manager shall occupy the facility full-time.
C. The facility shall contain at least one (1) bedroom for each two (2) tenants, in addition to the bedroom for a resident manager; provided, no more than twelve (12) persons, plus the resident manager, shall occupy the home.
D. Individual cooking facilities shall not be permitted within resident rooms.
E. Paved off-street parking shall be provided, in accordance with the requirements of Chapter 1149, at a ratio of at least .25 parking spaces for each allowed tenant, plus one (1) space for the resident manager. Parking in excess of two (2) spaces shall be located within the rear yard.
F. The residential social services home shall be located no closer than 1,200 feet to any other sober living facility or any residential social services facility, boarding house, K-12 school, public park, or day care facility.
(g) Sober Living Facility.
(1) A resident manager shall occupy the facility full-time.
(2) The facility shall contain at least one (1) bedroom for each two (2) tenants, in addition to the bedroom for a resident manager; provided, no more than six (6) tenants shall be permitted to reside at the facility.
(3) Individual cooking facilities shall not be permitted in tenant rooms.
(4) Paved off-street parking shall be provided, in accordance with the requirements of Chapter 1149, at a ratio of at least .25 parking spaces for each allowed tenant, plus one (1) space for the resident manager. Parking in excess of two (2) spaces shall be located within the rear yard.
(5) All new structures shall be compatible in design with the surrounding neighborhood.
(6) The sober living facility shall be located no closer than 1,200 feet to any other sober living facility or any residential social services facility, boarding house, K-12 school, public park, or day care facility.
(Ord. 4-21. Passed 1-4-21.)
(a) Check Cashing Establishments, Pay-Day Lenders, Pawnshops and Similar.
(1) The use shall be:
A. Located at least 1,000 feet, measured lot line to lot line, from the nearest check cashing establishment, pay-day lender, deferred presentment lender, pawnshop or title loan company, and
B. Located within a commercial shopping center with a combined floor area of all businesses being 30,000 square feet or more; or
(2) The use shall be wholly contained within a single grocery store or general merchandise retail building having at least 30,000 square feet of floor area, with no separate public access to its portion of the premises, and is at least 1,000 feet, measured lot line to lot line, from the nearest check cashing establishment, pay-day lender, deferred presentment lender, pawnshop or title loan company.
(b) Consumer Fireworks Sales, Temporary.
(1) Temporary structures for the sale of fireworks must be located within 1,000 feet of a fire hydrant or a fire department connection of a building, unless the chief administrative officer of a fire department gives permission in writing stating otherwise.
(2) The duration of a temporary consumer fireworks retail sales facility shall initiate upon conditional use approval and terminate within 90 days after initiation.
(c) Crematorium.
(1) No crematorium shall be located closer than 200 feet to any lot line and no closer than 500 feet to any residential district boundary.
(d) Drive-through Facilities for Automated Teller Machines, Banks and Pharmacies.
(1) Where a drive-through facility is added to an existing building and the addition is within the limits specified in Table 1145.02 for administrative site plan review, the Zoning Administrator shall be responsible for review and approval of the conditional use.
(2) Stacking space for at least four (4) vehicles shall be provided at each window or machine.
(3) Stacking spaces shall be located so as not to interfere with vehicular circulation, parking spaces and egress from the property by vehicles not using the drive-through portion of the facility.
(4) Public access to the site shall comply with the driveway spacing standards of Section 1149.06 but, in no case, be located closer than 125 feet to any intersection or other driveway on the same side of the street, as measured from the nearest right-of-way line to the nearest edge of the driveway.
(5) Internal circulation and access to/egress from the site shall not substantially impair the movement of other modes of transportation, such as bicycles and pedestrians, to and through the site.
(e) Greenhouse/Nursery with Retail Sales.
(1) A minimum lot size of one (1) acre shall be required.
(2) All outdoor display and storage areas shall meet the conditional requirements of Section 1143.07(h); provided, materials shall only be stored or stockpiled in the side or rear yard.
(f) Kennels and Pet Day Care.
(1) Kennels and pet day care facilities that include outdoor runs/exercise areas shall not be located adjacent to a residential or mixed-use district boundary.
(2) Minimum lot size shall be two (2) acres.
(3) No outdoor dog runs or animal exercise areas shall be located in a front yard.
(4) Outdoor runs/exercise areas shall be set back a minimum of seventy-five (75) feet from all property lines or the required setback for the zoning district, whichever is greater; provided, no less than a 100 foot setback shall be maintained from any residential dwelling.
(g) Mortuary or Funeral Home.
(1) A minimum lot size of two (2) acres shall be required.
(2) An off-street vehicle assembly/staging area shall be provided for funeral processions and activities in addition to the required off-street parking and maneuvering area.
(3) No waiting lines of vehicles shall extend off site or onto adjacent public streets.
(4) Spacing of access driveways shall meet the access management requirements of Section 1149.06, but in no case shall be closer than 125 feet to any street intersection or other driveway on the same side of the street, as measured from the nearest right-of-way line to the nearest edge of the driveway.
(h) Outdoor Display and Storage for Retail and Service Establishments.
(1) The outdoor storage and display area shall be arranged to provide safe pedestrian and vehicular circulation and safe emergency access. Maneuvering aisles shall be kept free of all obstruction.
(2) A drive shall be provided, graded, paved, and maintained from the street to the rear of the property, to permit free access of emergency service vehicles and firefighting equipment at any time.
(3) The sale or outdoor display of merchandise shall not be permitted within the required setback areas.
(4) Outdoor storage and display areas located on parking lots shall not reduce the available parking spaces to fewer than those required by Section 1149.03 for the principal use.
(5) No outdoor display area or parking serving an outdoor display area shall be located within fifty (50) feet of any residential district boundary line.
(6) The storage of soil, sand, mulch, and similar loosely packaged materials shall be contained and covered to prevent it from blowing onto adjacent properties. The outdoor storage of fertilizers, pesticides, and other hazardous materials, unless packaged in approved containers, is prohibited.
(7) All outdoor display and sales areas shall be paved with a permanent, durable, and dustless surface and shall be graded and drained to dispose of all surface water.
(8) All loading and truck maneuvering shall be accommodated on-site. Maneuvering in the public right-of-way is prohibited.
(9) Lighting for security purposes may be required, as determined by the planning commission. All lighting shall be shielded from adjacent residential districts and uses.
(10) Permanent outdoor storage areas shall be attached to and be considered part of the principal building relative to all setback requirements. The storage area shall be fenced with a fence or wall at least six (6), but no more than eight (8), feet in height.
(11) The Planning Commission may require a sight-obscuring screen that meets maximum fence height requirements for the zoning district around any storage or display area. Stored materials and stockpiles shall not be piled or stacked higher than the height of the obscuring screen.
(i) Self-Service Mini-Storage Facilities.
(1) The minimum size of the site shall be not less than two (2) acres.
(2) All ingress and egress from the site shall be directly onto an arterial or collector street.
(3) Storage of combustible or flammable liquids, combustible fibers, or explosive materials, as defined in the Fire Prevention Code, or toxic materials, shall not be permitted within the self-storage buildings or upon the premises. However, storage of recreational vehicles containing fuel and other automotive fluids is permitted.
(4) The use of the premises shall be limited to storage of personal and business items, except as otherwise provided, and shall not be used for operating any other business, maintaining or repairing vehicles, or for any recreational activity or hobby.
(5) Limited retail sales of products and supplies incidental to the principal use, such as packing materials, packing labels, tape, rope, protective covers, locks, and chains shall be permitted within a central office.
(6) The entire site shall be fenced, in accordance with the requirements of Section 1141.08. Fences within front yards and any side yards adjacent to residential zoning districts shall be wrought iron or a similar decorative type. Chain-link, or similar style fences, are prohibited in these areas.
(7) Exterior lighting shall be shielded to restrict the light from impacting neighboring property owners.
(8) A security manager may be permitted to reside on the premises. A minimum of two (2) parking spaces shall be provided for the dwelling unit and the requirements of Chapter 1149 shall be met.
(9) A business office for the storage facility may be located on the property.
(10) Minimum separation between self-storage buildings shall be twenty-six (26) feet.
(11) Each individual storage unit shall have privately controlled access points.
(12) Internal drive aisles shall be at least twenty-six (26) feet wide and must be clearly marked to distinguish traffic flow.
(13) No individual storage unit shall have a floor area greater than 500 sq. ft.
(14) Building design and materials shall be compatible with the existing and intended character of the area. If located adjacent to residential zoning districts, the front office building, or office portion of the building, shall reflect a residential character in architectural design.
(15) To the maximum extent practical, storage unit doors shall not face public rights-of-way.
(16) No outside storage shall be permitted on the property.
(j) Truck Livery.
(1) Minimum site size shall be one (1) acre.
(2) All portions of the site to be used for the storage or parking of semi-tractors or trailers shall be paved.
(3) Security lighting shall be provided in accordance with the requirements of this Ordinance.
(4) A six (6) foot high security fence shall be installed around the perimeter of the area in which vehicles are parked or stored.
(5) No truck or trailer shall be parked or stored within 200 feet of a residential zoning district.
(k) Truck Stops.
(1) At a minimum, all requirements for vehicle service stations (Section 1143.07(l)) shall be met, unless a stricter standard is specified here.
(2) There shall be a minimum lot area of two (2) acres and a minimum width of 200 feet on an arterial street. All access shall be from that arterial street.
(3) No driveway shall be closer than seventy-five (75) feet to a side or rear property line and no closer than 250 feet to any other driveway on adjoining property, measured nearest pavement edge to nearest pavement edge. In all other cases the minimum access management requirements of Section 1149.06 shall be met.
(4) Buildings shall be set back a minimum of 100 feet from the front property line and canopies shall be at least fifty (50) feet from any front or side property line; provided, if any side or rear property line abuts a residential or mixed-use district, all buildings and structures, including pump islands, shall be set back at least 100 feet from that property line.
(l) Vehicle Repair, Major.
(1) All main and accessory structures shall be set back a minimum of seventy-five (75) feet from any residential or mixed-use district.
(2) There shall be a minimum lot frontage of 100 feet on an arterial or collector street; and all access to the property shall be from that street.
(4) A raised curb of six (6) inches in height shall be constructed along the perimeter of all paved and landscaped areas.
(5) Overhead doors shall not face a public street or residential or mixed-use district. The Planning Commission may modify this requirement upon a determination that there is no reasonable alternative and the visual impact will be diminished through use of building materials, architectural features and landscaping.
(6) Where applicable, vehicle queuing space shall be provided in front of each service bay for at least two (2) vehicles.
(7) All maintenance and repair work shall be conducted completely within an enclosed building.
(8) There shall be no outdoor storage or display of vehicle components and parts, materials, commodities for sale, supplies or equipment.
(9) Storage of wrecked, partially dismantled, or other derelict vehicles, or overnight parking of any vehicle, except a tow truck, shall be permitted in a designated area for up to thirty (30) days. Such area shall be appropriately screened from public view in accordance with the screening requirements of Section 1147.04(c).
(10) If the use includes installation of oil or other automotive fluids except for fuel, the applicant shall submit a Pollution Incidence Protection Plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials. Such measures may include special check valves, drain back catch basins, automatic shut off valves or others, as approved by the Fire Department and City Engineer.
(11) If the use includes vehicle painting, all applicable state and federal requirements shall be met.
(m) Vehicle Repair, Minor.
(1) A building or structure shall be located at least seventy-five (75) feet from any side or rear lot line abutting a residential or mixed-use district.
(3) Equipment, including hydraulic hoists, pits, and lubrication, greasing, and other automobile repairing equipment shall be located entirely within an enclosed building. Outdoor storage or display of merchandise, such as tires, lubricants and other accessory equipment is not permitted.
(4) Storage of wrecked, partially dismantled, or other derelict vehicles, or overnight parking of any vehicle, except a tow truck, shall be permitted only in a designated area. Such area shall be appropriately screened from public view in accordance with the requirements of Section 1147.04(c).
(5) All activities shall occur inside a building. No vehicle may be stored on the property for more than thirty (30) days.
(6) Storage of gasoline, liquefied petroleum gas, oil or other flammable liquids or gas above ground shall not be permitted, except in those small amounts needed to operate the business or as otherwise authorized by the city fire marshal.
(7) There shall be a minimum lot frontage of seventy-five (75) feet on an arterial or collector street; and all access to the property shall be from that street.
(8) If the use includes installation of oil or other automotive fluids except for fuel, the applicant shall submit a Pollution Incidence Protection Plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials. Such measures may include special check valves, drain back catch basins, automatic shut off valves or others, as approved by the fire department and city engineer.
(9) If the use includes fuel sales, the requirements for a vehicle service station shall also be met.
(n) Vehicle Salvage Business.
(1) Outdoor storage of wrecked, partially dismantled, or derelict vehicles, or their parts, shall be permitted in a designated area. Such storage area shall be fully screened on all sides by a solid, sight-obscuring, fence or wall, in accordance with the screening requirements of Section 1147.04(c); provided, the height of the screen may be up to eight (8) feet.
(2) Vehicles shall not be stacked higher than the fence or wall enclosure surrounding the site.
(3) The outdoor storage area shall not be located in any front yard and the screening fence, wall or other approved enclosure surrounding the storage area shall be setback a minimum of twenty (20) feet from the side or rear lot lines.
(4) Vehicles shall not be stored or parked within any building, except while being worked on.
(5) All cutting, welding, disassembly, draining of fluids and other work on vehicles shall be conducted completely within an enclosed building; provided, no more than one (1) vehicle per 550 square feet of interior vehicle work space shall be permitted within the building.
(6) The applicant shall submit a Pollution Incidence Protection Plan (PIPP) describing measures to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials. Such measures may include special check valves, drain back catch basins, automatic shut off valves or others, as approved by the Fire Department and City Engineer.
(o) Vehicle Service Station.
(1) There shall be a minimum lot area of one (1) acre and minimum lot width of 150 feet on an arterial street.
(2) Access to the site shall comply with the driveway spacing standards of Section 1149.06 but, in no case, be located closer than 125 feet to any intersection or other driveway on the same side of the street, as measured from the nearest right-of-way line to the nearest edge of the driveway. Driveways or curb openings shall be located at least 100 feet from any adjacent residential or mixed-use district boundary line.
(3) On a corner lot, only one (1) driveway shall be permitted from any street, unless the planning commission determines additional driveways will be necessary to ensure safe and efficient access to the site.
(4) A ten (10) foot "landscaping" strip shall be maintained between the street line and the edge of the service station pavement along all adjoining streets.
(5) No portion of a service station or its equipment may be located within fifty (50) feet of a residential district.
(6) Pump islands shall be a minimum of twenty-five (25) feet from any public right-of-way or lot line. No vehicles shall be parked in front of the pump island setback line, except vehicles actually being serviced at the pump island. Tanks, propane, and petroleum products shall be set back at least thirty-five (35) feet from any lot line.
(7) Enclosed, permanently installed cabinets or racks for the display and storage of motor oil, wiper blades, or wiper fluids may be placed back of the pump island. Tires may be stored outside the building, but only in one (1) or more enclosed, permanently installed cabinets or racks, each with dimensions not exceeding twelve (12) feet in length and five (5) feet in width, located back of the building setback line.
(8) The edge of overhead canopies shall be set back at least fifteen (15) feet from the right-of-way and shall be constructed of materials consistent with the principal building. The proposed clearance of any canopy shall be noted on the site plan. The canopy shall not exceed eighteen (18) feet in height. Lighting in the canopy shall be recessed, fully shielded, and directed downward to prevent off-site glare.
(9) If rental trailers or trucks are stored on the premises, a minimum lot area of one (1) acre shall be devoted exclusively to service station use, and an additional area for the storage of the rental trailers or trucks shall be provided behind the front line of the main building.
(10) If the use includes installation of oil or other automotive fluids except for fuel, the applicant shall submit a Pollution Incidence Protection Plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials. Such measures may include special check valves, drain back catch basins, automatic shut off valves or others, as approved by the Fire Department and City Engineer.
(11) In the event that a gasoline station use has been abandoned or terminated for a period of more than twelve (12) months, all underground gasoline storage tanks shall be removed from the premises, in accordance with state requirements.
(12) A vehicle service station may be combined with other uses, such as convenience store, vehicle wash, and/or restaurant; provided all relevant requirements are met and the most restrictive requirements applicable to any single use shall apply. Parking requirements may be modified, as provided in Section 1149.02(d) Signs shall comply with the standards for business centers in Section 1151.06.
(p) Vehicle Wash.
(1) All washing activities must occur inside a building.
(2) Required stacking spaces for waiting vehicles shall not be located within a public or private right-of-way and shall not conflict with maneuvering areas, parking spaces and other activities. Stacking lanes shall be designed to prevent vehicle queues from extending beyond the property.
(3) Wastewater must be recycled, filtered or otherwise cleansed to minimize discharge of soap, wax and solid matter into public sewers.
(4) On corner lots, only one (1) driveway shall be permitted from any street, unless the Planning Commission determines additional driveways will be necessary to ensure safe and efficient access to and egress from the site. Access to the site shall comply with the driveway spacing standards of Section 1149.06. Driveways or curb openings shall be located at least 100 feet from any adjacent residential or mixed-use district boundary line.
(5) For automated drive-through wash facilities, a by-pass lane is required that allows by-passing waiting vehicles.
(6) A vehicle wash facility building and any accessory buildings and uses, including vacuums, shall be located at least 100 feet from a street right-of-way line and any residential or mixed-use district boundary; provided, the required separation from a residential or mixed-use district may be modified by the Planning Commission where it is determined that proposed buffering, topographic conditions, orientation of the wash building, or other similar factors will lessen the negative noise, water runoff, traffic, and aesthetic impacts of the wash facility upon the neighboring uses.
(7) The property owner or operator must comply with all local noise regulations. Air handling equipment shall be located on a roof, be equipped with intervening noise reduction baffles and be in proper working condition. (Ord. 4-21. Passed 1-4-21.)
(a) Outdoor Storage Related to Principal Industrial Uses.
(1) Outdoor storage shall not be permitted within any required front yard.
(2) Outdoor storage shall only be permitted as an accessory use to principal uses in the industrial districts.
(3) The outdoor storage area shall be fenced on all sides in accordance with the requirements of Section 1141.08.
(4) Any side that is visible to adjoining properties in a residential district, mixed-use district, neighboring parking lots or abutting streets shall be screened in accordance with the requirements of Section 1147.04(c).
(5) The Planning Commission may permit the required screening to be comprised of plant material, upon a determination that the alternate materials will provide the same degree or better of opacity, screening and compatibility with adjoining properties as a fence or wall.
(b) Construction Debris, Junk, Solid Waste Disposal and Salvage Yards.
(1) A minimum site size of ten (10) acres shall be required.
(2) All access to and from the site shall be from an arterial street or an interior street serving an industrial park or planned industrial development that intersects with an arterial street.
(3) All material, debris, junk and waste shall be stored within enclosed buildings or within an area fully screened on all sides by a solid, sight-obscuring, fence or wall, in accordance with the screening requirements of Section 1147.04(c); provided such fence or wall shall be at least eight (8), but no more than twelve (12), feet in height.
(4) The screening fence shall be of such design as to completely obstruct vision. No chain link fence, with or without covering, shall be permitted.
(5) The screening fence or wall shall be set back from all property lines in accordance with the minimum yard requirements of the zoning district.
(6) No materials shall be stacked higher than the screen fence or wall.
(7) All materials shall be stockpiled in neat and orderly rows with adequate aisle space provided between rows to accommodate emergency vehicles and equipment.
(8) No storage area shall be located within 500 feet of a residential or mixed-use district.
(c) Hazardous Waste or Medical Waste Processing, Storage, Transfer, Disposal or Incineration.
(1) Conditional use requests for hazardous waste facilities shall be first considered by the Planning Commission which shall make a recommendation to the City Council for final action. At the discretion of either body, a public hearing, duly noticed in accordance with the provisions of Section 1177.03, may be conducted.
(2) The use shall be located on a site of not less than twenty (20) acres.
(3) All access to and from the site shall be from an arterial street or an interior street serving an industrial park or planned industrial development that intersects with an arterial street.
(4) To ensure that the reasonable use of neighboring properties is not adversely affected and to reduce the potential for adverse health, odor or other environmental impacts, the proposed site shall abut industrial zoning districts on all sides and shall comply with the following separation distances:
A. Two thousand six hundred forty (2,640) feet (one-half mile) from any property occupied by a hospital, nursing home, senior housing project, or any facility designed for use by the physically infirm, or where large numbers of people congregate, such as recreation centers, parks or playgrounds, public meeting halls, places of religious worship, schools or libraries.
B. Two thousand six hundred forty (2,640) feet (one-half mile) from any existing residential structure or any residential or mixed-use district boundary.
C. Additionally, the City Council shall determine that the proposed use shall not adversely affect nonconforming residential uses and that adequate separation is provided from existing industrial uses that may be particularly sensitive, such as food, beverage, or drug processing facilities.
D. The separation distances specified above may be reduced by not more than fifty percent (50%) upon a finding by the City Council that the distance is sufficient to prevent any occurrence of health or obnoxious odor problems or pollution of land, water courses or drainage systems.
(5) The minimum width and plant material requirements for greenbelts and landscape buffer zones shall be increased by fifty percent (50%) above the minimum buffer requirements of Section 1147.04(b).
(6) Environmental Controls.
A. All processing, treatment, recycling, transfer, unloading and storage shall be within a completely enclosed building or in approved storage tanks. The facility shall be constructed to enclose all equipment which generates significant levels of noise.
B. All aggregate and bulk materials shall be stored in the building or in concrete bunkers or silos. The bunkers or silos shall be equipped to control fugitive dust and particles.
C. The required site plan shall indicate that all motor vehicles, which have contained or been in contact with hazardous waste, recycled materials or sludge, shall be washed clean prior to leaving the site. The method and area for washing shall be specified on the site plan.
D. The facility shall be equipped with an approved wastewater recycling system to avoid contaminated water or liquids from being discharged to ground water, surface water or storm sewers. This shall include a wash-out, wash-down, and secondary containment system to recover and recycle impurities and other by-products processed from trucks, machinery products, supplies or waste.
E. All surface areas involved in the loading, unloading, transfer or storage shall be constructed to prevent the runoff of any hazardous material to unpaved areas or non-designated drainage facilities. Potential waste shall be collected with a secondary containment system and processed or disposed of according to state or federal regulations. Any drainage of fluids shall be on a non-pervious platform so that all liquids will be contained and not discharge to the ground.
(7) All driveways, surface roads and storage areas on the premises shall be paved with concrete or deep strength asphalt. Deceleration lanes shall be provided in accordance with the City of Lorain design standards. Acceleration or passing lanes may be required by the City Engineer. The Planning Commission shall take into consideration vehicular turning movements in relation to traffic flow, proximity of curb cuts and intersections.
(8) All areas of the site which are not paved for parking, driveways, loading or operation shall be landscaped and maintained in accordance with Chapter 1147.
(9) The facility and all of its operations shall strictly comply with all applicable city, county, state and federal statutes, regulations, rules, orders and ordinances. Systems shall be employed to contain and process all discharged materials from the facility in an environmentally sound manner.
(10) Plans and/or reports shall be filed with the Lorain Fire Department, indicating the types of materials stored and where they are located on the site.
(11) All approvals by the City shall be conditioned and subject to the applicant securing all required approvals and permits, as defined by local, county, state and federal statutes and regulations.
(12) The City Council shall establish fees to pay its costs of administration and inspections of the site and facility to ensure that the development is being operated in compliance with the conditions of approval.
(Ord. 4-21. Passed 1-4-21.)