1183.03 CONDITIONAL ZONING REQUIREMENTS.
(a) Home Occupations.
(1) Intent. It is the intent of this section to permit certain home occupations as accessory uses in dwelling units, so long as they are clearly incidental and secondary to the use of the dwelling for residential purposes and do not change the character thereof or adversely affect the uses in the residential neighborhood of which they are a part. In general, a home occupation is an accessory use located and conducted so that the average neighbor, under normal circumstances, would not be aware of its existence.
(2) Permit exemption. Home occupations may be established without the resident obtaining a conditional zoning certificate.
(3) Permitted home occupation.
A. The following list of permitted home occupations is illustrative of the type and scale of use which can normally be conducted within the limits of the restrictions established in this section; however, there may be similar uses not specifically listed which meet the intent and regulations of this section, in which case they may be permitted at the discretion of the Zoning Administrator. Uses on this list which do not comply with all regulations of this section shall not be permitted.
1. Artists, sculptors, photographers and home crafts, such as model making, rug weaving, lapidary work, wood working, artistic glass and metal work, pottery and ceramics.
2. Authors, composers and musicians.
3. Clerical and other similar business services.
4. Dressmaking, millinery, seamstresses, tailoring, laundering, preserving and home cooking.
5. State licensed "Type A" and "Type B" family day-care and baby-sitting services.
6. Instruction in music, dance or other type of teaching, providing such teaching or instruction shall be limited to four pupils at a time.
7. The office of a minister, rabbi, priest, sales representative, manufacturer's representative, accountant, architect, broker, consultant, contractor, engineer, insurance agent, lawyer, realtor or similar professional, provided that such home occupations do not involve the presence of more than one client vehicle at a time.
8. The repair of small electrical appliances, typewriters, cameras or other similar small mechanical items.
B. The following list is illustrative of uses or scales of operation which are generally beyond the limits permitted for home occupations and therefore would normally be prohibited as home occupations.
1. Medical, dental or veterinary clinics and offices.
2. Music, business, dancing, exercise, art or martial arts schools.
3. Restaurants, taverns, or private clubs.
4. Automobile, vehicle, lawn mower, trailer or boat repair; painting, sales or rental.
5. Major appliance or large equipment repair.
6. Upholstering and furniture refinishing.
7. Retail antique or gift shops.
8. Tourist homes or rooming houses.
9. Retail or wholesale distribution or sales of household goods or food products.
10. Barber and beauty shops.
(4) Performance standards for home occupations.
A. No persons other than family members residing on the premises shall be employed in the home occupation.
B. The home occupation shall occupy no more than twenty-five percent (25%) of the total floor area of the dwelling unit.
C. There shall be no exterior evidence of the conduct of the home occupation, except outdoor play space for child care.
D. There shall be no structural modifications of the residence or garage, such as a separate entrance, or construction of accessory structures not customarily residential in nature.
E. There shall be no exterior storage of goods, equipment or materials, and no emission of glare, noises, sounds, odors or vibrations.
F. There shall be no interference with radio or television receivers or fluctuation in line voltage caused by the operation of electrical or mechanical equipment.
G. There shall be no more than one sign on the premises and it shall not exceed two square feet and shall be attached to the dwelling.
H. The conduct of the home occupation shall not reduce or render unusable areas provided for required off-street parking for the dwelling unit.
I. There shall be no paving or modification of the front yard for parking purposes other than the customary space used for a driveway.
J. Traffic generated by a home occupation shall not exceed on any continual basis the average volume normally expected for a residence in a residential neighborhood, which for the purposes of this section, means up to ten trips per day.
K. An attached or detached garage may be used for the home occupation provided no modifications are made to the garage and that the garage can at all times accommodate the number of vehicles for which it was designed.
L. There shall be no retail or wholesale sales of goods on the premises, except for those goods which are produced on the premises.
(b) Churches and Other Building for the Purpose of Religious Worship; Libraries and Museums.
(1) All structures shall be located at least thirty feet from all side and rear property lines.
(2) Buildings of greater than the maximum height allowed in a given district are permitted provided that front, side and rear yards are increased above the minimum required yard setback by one foot for each foot the building exceeds the maximum height allowed.
(3) Wherever the off-street parking is adjacent to land developed for one- or two-family residential purposes, a continuous and obscuring year-round greenbelt six feet in height shall be provided along the sides of the parking area adjacent to the residential development.
(4) All points of ingress and egress shall be located no closer than seventy-five feet from the intersection of two major or collector thoroughfares, measured from the street right-of-way line.
(5) Points of ingress and egress shall be available only from major or collector thoroughfares and shall not be available.
(6) Lighting shall not shine directly onto adjacent properties.
(c) Cemeteries.
(1) All structures and activity areas shall be located at least twenty feet from all property lines.
(2) All points of ingress and egress shall be located no closer than seventy-five feet from the intersection of two major or collector thoroughfares, measured from the street right-of-way lines.
(3) Points of ingress and egress shall be available only from major or collector thoroughfares and shall not be available from any local residential street.
(d) Public and Private Schools.
(1) All structures shall be located at least thirty feet from side and rear property lines.
(2) All points of ingress and egress shall be located no closer than seventy-five feet from the intersection of two major or collector thoroughfares, measured from the street right-of-way lines.
(3) A minimum of 150 square feet of outdoor play area shall be provided and maintained for each child, separate from any required parking areas. Total outdoor play space shall have a minimum area of 5,000 square feet.
(4) Lighting shall not shine directly onto adjacent properties.
(e) Private Swimming Pools, Private Recreational Areas, Golf Courses, Outdoor Tennis Clubs and Similar Uses.
(1) All structures and activity areas shall be located at least fifty feet from all property lines.
(2) All points of ingress and egress shall be located no closer than seventy-five feet from the intersection of two major or collector thoroughfares.
(3) Points of ingress and egress shall be available only from major or collector thoroughfares and shall not permit vehicular access from any local residential street, except for pools and recreation areas intended to serve primarily residents of the adjacent properties.
(4) Lighting shall in no way impair safe movement of traffic on any street or thoroughfare. Lighting shall be shielded from adjacent properties.
(5) All parking areas and activity areas adjacent to residential development shall be screened from such development by a six-foot high obscuring fence or landscaping.
(6) All front, side and rear yards shall be landscaped in trees, shrubs and grass.
(7) Loudspeakers which cause a hazard or annoyance shall not be permitted.
(f) Family Swimming Pools (Recessed or Elevated).
(1) "Family swimming pool (recessed or elevated)" means an artificial body of water, with a controlled water supply over twenty-four inches in depth or 180 square feet of surface area, used or intended to be used by the owner thereof, his lessees or invitees, without charge.
(2) The depth of water therein and irregularities of the bottom shall be clearly indicated.
(3) Lighting, if any, shall be so arranged and shaded so as to reflect light away from adjoining properties and streets.
(4) Commercial undertakings entailing sales of food, drinks or other merchandise within the enclosure of any such pool are prohibited.
(5) The pool or yard in which it is located shall be completely surrounded by a fence not less than five feet nor more than six feet high to prevent easy access from adjoining properties.
(6) The pool shall only be located in the rear yard with all components including deck areas, located at least ten feet from all property lines. No pool shall cover more than ten percent (10%) of the total lot area.
(7) Pools which are no longer usable shall be filled in or torn down and removed.
(8) Permit fees required. A new building fee of eighty dollars ($80.00) shall be charged. Miscellaneous electric fees of fifty-five dollars ($55.00) shall be charged. A zoning inspection fee of forty-five dollars ($45.00) shall be charged. All fees must be paid prior to pool installation.
(g) Public Utility Structures.
(1) All structures and activity areas shall be located at least fifty feet from all property lines.
(2) Parking areas shall be screened from adjacent residential properties by a six-foot high obscuring fence or landscaping.
(h) Nursery Schools, Day Nurseries, Day-Care Centers. A minimum of 150 square feet of outdoor play area shall be provided and maintained for each child, separate from any required parking areas. Total outdoor play space shall have a minimum area of 5,000 square feet and shall be screened from any adjoining lot in any residential district by a fence or landscaping.
(i) Gasoline Service Stations and Minor Automotive Repair.
(1) Points of ingress and egress shall be located no less than seventy-five feet from a street intersection, measured from the street right-of-way lines or from adjacent residential districts.
(2) The minimum lot area shall be 20,000 square feet and so arranged that ample space is available for motor vehicles which are required to wait.
(3) Underground storage tanks shall be located not less than fifty feet from any R or MF District or from the lot line of any adjacent residential or multifamily development.
(4) Vehicles shall be stored outside the City right of way.
(6) All repairs shall be done within an enclosed building.
(j) New and Used Auto Sales, Major Automotive Service and Repair.
(1) Lighting shall in no way impair safe movement of traffic on any street or thoroughfare. Lighting shall not shine directly onto adjacent properties.
(2) The lot shall be provided with a permanent, durable and dustless surface, and shall be graded and drained so as to dispose of all surface water accumulated within the area.
(3) Ingress and egress to outdoor sales areas shall be at least seventy-five feet from any street intersection, measured from the street right-of-way lines.
(4) No repair or refinishing shall be done outside of enclosed buildings.
(5) Vehicles shall be stored outside the City right of way.
(k) Automotive Car Washes.
(1) All buildings and activity areas shall be located at least fifty feet from all property lines.
(2) Points of ingress and egress shall be at least seventy-five feet from any street intersection, measured from the street right-of-way lines.
(3) Stacking space shall be provided outside the public right of way for the storage of at least forty motor vehicles.
(l) Light Manufacturing/Assembly in Existing Structures. Upon review of a site plan and an operating plan and approval by a majority of the members of the Planning Commission, an existing structure in a B-2 District may be conditionally permitted for light manufacturing purposes. For purposes of this conditionally permitted use, the term "light manufacturing" means primarily the assembly of products, but little or no manufacturing or processing of raw materials. In determining whether to grant such conditionally permitted use, the Planning Commission shall determine that the use as described in the application shall have no more than a minimum undesirable or detrimental impact upon adjacent properties used for residential or business purposes by reason of noise, odor, smoke, or other effects of such operation. No conditionally permitted uses hereunder shall be allowed unless the following conditions are met:
(1) The use shall be confined to an existing structure.
(2) All manufacturing, processing and assembly of products shall be done inside the enclosed structure.
(3) The application shall specifically describe the type and nature of manufacturing, processing and assembly activities to be performed on the property, and shall be accompanied by an operating plan which shall describe the hours of proposed operation, the type of equipment and machinery to be used, the number of employees, the amount of traffic to be generated, a description of any hazardous or toxic substances to be stored and used, the nature and quantity of materials and products to be stored outside the building, and any other relevant information concerning the proposed business. No change in the type or nature of such manufacturing processing and/or assembly activities shall be made, except upon approval of the Planning Commission.
(4) No expansion of a building occupied by a business operating pursuant to a use conditionally permitted hereunder shall be expanded, except upon review of a site plan and approval by a majority of the members of the Planning Commission.
(5) All lighting used on the subject premises shall be shielded from residential districts and uses.
(7) Such other conditions as the Planning Commission may impose to protect the adjacent and neighboring properties from any adverse effects of the proposed conditionally permitted use, including hours of operation.
(m) Correctional Facility. Upon review of a site plan and an operating plan and approval by a majority of the members of the Planning Commission, a parcel and land in an I-2 District may be conditionally permitted for correctional facility purposes. In determining whether to grant such conditionally permitted use, the Planning Commission shall determine that the use as described in the application shall have no more than a minimum undesirable or detrimental impact upon adjacent properties used for residential or business purposes by reason of noise, odor, smoke, or other effects of such operation. No conditionally permitted uses hereunder shall be allowed unless the following conditions are met:
(1) The I-2 District in which a correctional facility is conditionally permitted shall be located north of Route 30 and east of the easterly most railroad right-of-way of Ashland Railway and beginning at the point said railroad leaves the City limits, the western corporation limits of the City.
(2) The correctional facility shall be located no closer than 1000 feet from another correctional facility. Such distance shall be measured on a straight line without regard to intervening structures or objects, from the closest exterior wall of the structure in which each facility is located.
(3) The application shall specifically describe the type and nature of type of correctional facility to be operated on the property, the name and address of the governmental agency or nonprofit entity which will be operating said facility, and shall be accompanied by an operating plan which shall describe the maximum number of residents to be housed there at any one time, the types of criminal offenses committed by the residents to be housed there, the minimum number of staff persons and employees to be at the facility at all times, the types of onsite programs to be conducted on the premises, when and under what circumstances the residents will be permitted to leave the premises and the means of transportation to be available to them, the amount of traffic to be generated, and any other relevant information concerning the operation of the proposed facility. No change in the type or nature of such facilities activities shall be made, except upon approval of the Planning Commission.
(4) Such other conditions as the Planning Commission may impose to protect the adjacent and neighboring properties from any adverse effects of the proposed conditionally permitted use.
(Ord. 17-064. Passed 5-16-17.)