The following conditional uses shall require satisfaction of the following supplemental conditions:
(a) Adult Group Homes. In any R-1, R-2, R-2A, R-3 or R-4 district, adult group homes may be approved as a conditional use provided it meets the following additional criteria:
(1) Adult group homes shall not be located any closer to one another than one thousand feet (1,000 ft).
(2) In a R-1, R-2 or R-2A Zoning District, no more than eight (8) residents shall be allowed.
(3) In a R-3 Zoning District, no more than sixteen (16) residents shall be allowed.
(4) In a R-4 Zoning District, no more than twenty-four (24) residents shall be allowed.
(5) All adult group homes shall provide the City of Maumee with proof that all applicable state licenses have been obtained in accordance with Ohio R.C. Chapter 3722.
(b) Automobile Service Stations. (all types as applicable) In the C-1, C-2 and C-3 Zoning Districts, an automobile service station may be approved as a conditional use provided it meets the following additional criteria:
(1) The lot has a frontage on at least one major arterial street.
(2) Auto service stations - fuel and service are limited to the selling and dispensing of fuel primarily to passenger vehicles and to accessory uses of sale and installation of lubricants, tires, batteries, accessories and supplies, incidental washing and polishing, tune-ups, and brake repair.
(3) Unless approved with convenience store, no retail or wholesale sales of any non-automotive products shall be permitted, other than vending machines.
(4) The entire operation of all automobile service stations, except the sale and dispensing of fuel shall be within an enclosed building.
(5) Not less than ten percent (10%) of the total lot area of the station shall be landscaped.
(6) Fifty percent (50%) of the linear frontage or the entire frontage exclusive of the portions thereof used for driveway approaches, whichever is less, shall be landscaped. The landscaping shall be a combination of lawn and plant material.
(7) Where an automobile service station or car wash is located next to a lot in a residential district, screening with a solid fence, solid wall, or dense living hedge not less than six (6) feet in height shall be provided along the common lot line subject to all other rules and regulations of Chapter 1142.
(8) In C-2 districts, automobile car washes shall provide trench drains at all exit drives to prevent water from running onto public rights-of-way and creating potentially hazardous traffic conditions. In addition to trench drains, an asphalt bump shall be installed in the car wash exit lane between the exit door and the curb cut of the exit drive to loosen water on the undercarriage of the vehicle before it enters the right-of-way.
(c) Bed and Breakfast Facilities. In any R-1, R-2, R-2A and R-3 Zoning District, a bed and breakfast facility may be approved as a conditional use provided it meets the following additional criteria:
(1) Floor plans drawn to scale of all floors to be utilized for bed and breakfast activities shall be submitted to the city building department.
(2) The owner shall have no more than four (4) rooms for rent to the public.
(3) The owner or his or her agent shall be a permanent resident on the property.
(4) No exterior change shall be made to the property which alters the character of the neighborhood or residence.
(5) There shall be no separate cooking facilities provided for the bed and breakfast occupants.
(6) Occupancy shall be of a transient nature for periods not to exceed seven (7) days in any thirty (30) day period by any occupant. A guest registry listing name, address, phone number and vehicle license number shall be kept indicating dates of arrival and departure of guests and shall be available to the City for inspection upon request.
(7) Screening. Off-street parking shall be located behind the principal structure and shall be screened from adjacent properties with landscaping no less than five (5) feet in height at seventy percent (70%) opacity.
(8) Signage: For each bed and breakfast, only one of the following signs shall be allowed: either one ground-mounted sign not to exceed ten (10) square feet, or one non-illuminated wall-mounted sign not to exceed six (6) square feet. Ground signs may be externally illuminated with two directional landscaping lights with no more than two-hundred (200) watts of combined intensity for all lights illuminating the ground sign.
(d) Child Day Care Home, Type A. In any R-1, R-2, R-2A, R-3 or R-4 district, a Child Day Care Home, Type A, may be approved as a conditional use in a dwelling provided it meets the following additional criteria:
(1) The dwelling containing the day care center is located on a lot containing not less than twice the minimum size zoning lot for the district, or three-hundred (300) square feet of lot area for each child in average daily attendance, whichever is greater.
(2) Off-street parking and loading, fencing, screening and landscaping shall be installed and maintained as deemed necessary to mitigate any detrimental effects on the neighborhood and ensure the safety of the children.
(3) Child day care centers shall comply with all laws, ordinances, and regulations pertaining thereto.
(e) Dwellings above the First Floor. In the C-1 Zoning District, dwellings above the first floor may be approved as a conditional use, provided that the Planning Commission shall find that the proposed dwelling above the first floor:
(1) Will be in accordance with the general objectives or with any specific objectives of the Master Plan.
(2) Will be designed, operated, and maintained to be harmonious with the existing or intended character of the general vicinity, and will not change the essential character of the same area.
(3) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads.
(4) Will be adjacent to or abutting a residential district.
(5) Will comply with the minimum floor area requirements:
Minimum Floor Area Requirements | |
One bedroom | 800 square feet |
Two bedroom | 900 square feet |
Three bedroom | 1,200 square feet |
Four bedroom | 1,500 square feet |
Studio or efficiency apartments | Not permitted |
(6) Will not be occupied by more than a total of two (2) persons times the number of bedrooms allowed within the dwelling unit.
(f) Extraction of Sand and Gravel, Top Soil, and Other Natural Resources. In any M-2 District, extraction of sand and gravel, top soil, and other natural resources may be approved as a conditional use provided it meets the following additional criteria:
(1) Any extraction operation that is intended to, or will, result in the creation of a body of water shall be effectively fenced along the property lines and provided with a locking gate. Such fence shall be of a non-climbable design installed and maintained at a height of four (4) feet.
(2) No excavation shall be permitted nearer than fifty (50) feet to any property line.
(3) Any processing or storage of materials shall be conducted within an enclosed structure and/or effectively screened from view.
(4) Before granting a conditional use permit, the applicant shall provide the City with documentation evidencing the approval of the appropriate state and/or federal regulatory agencies and the necessary permits and licenses for such operations.
(g) Kennels and Animal Hospitals. Where permitted, kennels and animal hospitals shall be limited to facilities for the raising, breeding, treatment, and boarding of dogs or other small animals. Such uses shall provide a minimum setback of two-hundred (200) feet from all property lines for all outside runs. Such uses shall not include farm animals or livestock.
(h) Nursing Homes. Nursing homes may be approved as a conditional use provided it meets the following additional criteria:
(1) The site contains not less than eighty (80) feet of frontage on a major arterial street.
(2) The site shall contain not less than twice the area of the minimum size zoning lot for the district for the first six (6) beds, plus 2,000 square feet for each additional bed in all single-family districts and 1,500 square feet for each additional bed in the two-family and multiple-family districts.
(i) Parking Area: Extension of Parking into Contiguous Zoning District Parking Areas. In all zoning districts, the extension of parking into contiguous zoning district parking areas shall be subject to the following additional conditions and criteria:
(1) The extension of a parking area may not extend more than one hundred and fifty (150) feet into a zone other than in which the structure or use is located.
(2) The proposed extension shall be on land contiguous to the lot containing the use or structure.
(3) The proposed extension is on land owned, rented or leased by the owners of the lot containing the use or structure.
(4) Parking shall conform to all screening, setbacks and other requirements of this Zoning Code.
(5) The proposed extension does not adversely affect adjacent or surrounding properties and will contribute to the orderly development and function of the area.
(j) Parking Area: Joint Use of an Off-street Parking Area. In all zoning districts, the joint use of an off-street parking area to meet or facilitate the minimum parking space requirements is subject to the following additional conditions and criteria:
(1) The availability of the minimum number of parking spaces required for each beneficiary to the easement shall be determined to not overlap during their respective hours of operation;
(2) The owner of the off-street parking area shall have executed an easement granting or transferring use of specified access drives, aisles, and a specified number of existing parking spaces in perpetuity to all parties who will collectively and jointly share the use of the facility to meet minimum parking space requirements and/or shared aisle or access drives;
(3) The easement shall provide for adequate maintenance and capital reserves for improvements to the parking area;
(4) This easement shall have been prepared and witnessed by an attorney at law and shall be in a form acceptable to the City of Maumee;
(5) The easement shall name the City of Maumee a party to such deed restriction with rights to enforce the terms of the easement and approval authority over any changes thereto;
(6) The conveyance must contain appropriate provision for assignment of the easement to any other entity which succeeds the original beneficiaries of the easement;
(7) The parking area shall conform to the most stringent screening, setback, and other design criteria required of each of the land uses sharing the parking area facility;
(8) The proposed arrangement shall not adversely affect adjacent or surrounding properties and will contribute to the orderly development and function of the area.
(k) Solid Waste Facilities. In any M-2 District, solid waste facilities may be approved as a conditional use provided it meets the following additional criteria:
(1) Purpose: It is the intention of the City of Maumee for the potential that some property within the City of Maumee may be used for the construction and operation of a Solid Waste Facility provided that use is limited in size, conforms with the provisions of this section, and is approved only following the specific review and approval process in this Chapter and only within the M-2, Industrial district.
(2) Standards for Approval of a Proposed Conditional Use: Prior to approval of a Solid Waste Facility within the M-2 Industrial District of the City of Maumee, the Planning Commission shall determine that the Applicant for a conditional use has demonstrated be clear and convincing evidence that: (1) the Applicant has complied with all requirements of the City of Maumee Zoning Ordinances; (2) the proposed conditional use is in strict compliance with all of the General Standards and Considerations for Conditional Uses as contained in Chapter 1134 of the Maumee Zoning Ordinances and Special Standards and Considerations in Section 1134.04, (3) each and every significant adverse effect identified in the review of the application for a conditional use has been eliminated; and (4) the proposed conditional use complies with any requirements governing the use of the proposed conditional use as contained in the Codified Ordinances of the City of Maumee and the laws of the State of Ohio.
(3) Applicable Law: In the event that any federal, state or local statute, law, ordinance, rule or regulation is more restrictive than the provisions of the City of Maumee Zoning Ordinances, any such more restrictive federal, state or local statute, law, ordinance, rule or regulation is incorporated herein by reference and shall apply to an Applicant for a conditional use.
(4) Conditions Precedent to the Review and Acceptance or Denial of Request for a Conditional Use: In order to assure the City and its residents that the resources will be available to conduct a review of a proposal for a conditional use for a Solid Waste Facility, no such proposal shall be approved, nor shall there be any review of an application for a conditional use for a Solid Waste Facility by the Building and Zoning Inspector prior to being provided a copy of a final, non-appealable permit for the installation of a Solid Waste Facility by the Director of the Environmental Protection Agency of the State of Ohio.
(5) Procedures for the Review of a Request for a Conditional Use for a Solid Waste Facility:
A. Submission of Detailed Specifications and Applicant Report: The Applicant for a conditional use for a Solid Waste Facility shall submit detailed specifications and a site plan, including but not limited to the information required by Sections 1134.02 and 1134.03 hereof, for the proposed conditional use. The Applicant shall present a report to the Building and Zoning Inspector that identifies any potential significant adverse effects on the City of Maumee and its residents from the operation of the Solid Waste Facility and an explanation by the Applicant of how each identified potential significant adverse effect will be eliminated. Specifically, the Applicant is required to address each of the minimum review requirements identified in Section 1134.04 hereof.
B. Identification and Elimination of Significant Adverse Effects: No application for a conditional use permit for a proposed Solid Waste Facility shall be approved unless the proposed Solid Waste Facility complies with the City of Maumee Zoning Ordinances and the Applicant has established by clear and convincing evidence that the proposed Solid Waste Facility will not have any significant adverse effects on the City of Maumee or its residents.
C. Complete Applicant Proposal Requirement: The Applicant shall submit fifteen (15) copies of a complete set of the detailed specifications, site plan and Applicant Report (collectively "Applicant Proposal") to the Building and Zoning Inspector. The Building and Zoning Inspector, within fifteen (15) days of the receipt of the Applicant Proposal, shall determine whether the Applicant Proposal is complete and contains all of the information required for the consideration and determination by City Council and Planning Commission that the requested conditional use is approved or denied. If the Building and Zoning Inspector determines that the Applicant Proposal is not complete and/or the conditions precedent identified in Section 1134.04 have not been obtained, the Building and Zoning Inspector shall notify the Applicant of the failure of the Applicant to submit a complete
Applicant Proposal, the basis for the determination that the Applicant Proposal is not complete and/or which condition precedent has not been obtained. If the Building and Zoning Inspector determines that the Applicant Proposal is complete and all conditions precedent have been satisfied, the Building and Zoning Inspector shall deliver the Applicant Proposal to Maumee City Council for referral to Planning Commission for the required Public Hearings.
D. Minimum Review Requirements: The Planning Commission shall have the discretion to approve, modify, or disapprove proposals for a conditional use for a Solid Waste Facility based upon a determination by the Planning Commission that significant adverse effects on the City and its residents have or have not been eliminated based upon the Planning Commission review and consideration of the Applicant Proposal and the Planning Commission review and consideration of the minimum review requirements contained herein. The Applicant is advised that the Planning Commission consider any other significant adverse effect that may be identified during the review and consideration of the Applicant Proposal and that the Planning Commission may impose such special terms and conditions as are appropriate or necessary to ensure compliance with the City of Maumee Zoning Ordinance including:
i. Consistency with the mission, goals, objectives, requirements and projections contained in the City of Maumee zoning Ordinances and Comprehensive Plan, as now existing or as hereafter amended.
ii. Effect on infrastructure including roads, water, storm and sanitary sewer services and other utility services necessary and appropriate for the use of the Solid Waste Facility.
iii. Effect on property values including the projected effect on the value of property located within one (1) mile of the proposed location of the Solid Waste Facility.
iv. Impact on the historic or cultural features of the City of Maumee.
v. Impacts on the natural environment including air quality, the quality and quantities of ground water and surface water, flora, fauna, and natural habitats
vi. The Applicant shall be notified of the identification of any additional potential significant adverse effects on the City of Maumee and its residents not identified by the Applicant and of any failure of the Applicant to eliminate adverse effects identified by the Applicant or the City of Maumee. The Applicant shall provide a revised report to the City of Maumee within forty-five (45) days of any such notice that explains how the potential significant adverse effects will be eliminated (Revised Applicant Report). Thereafter, within thirty (30) days of the receipt of the Revised Applicant Report the City of Maumee shall determine whether the proposal for the conditional use is approved or denied.
vii. The Applicant is in compliance with all applicable general and specific provisions of the City of Maumee Zoning Ordinance.
(6) Use of Solid Waste Facility: Any request for a conditional use permit for a proposed Solid Waste Facility shall take into consideration the estimated daily solid waste management needs of the City of Maumee and its residents during the anticipated useful life of the Solid Waste Facility. The City of Maumee may deny or limit approval of any such conditional use request for a proposed Solid Waste Facility that is likely to be operated to handle a volume of solid waste that is greater than the estimated daily solid waste management needs of the City of Maumee and its residents.
(7) Procedure For Evaluating a Conditional Use Request for a Solid Waste Facility: Notwithstanding any other provision of this Zoning Code, the Planning Commission may take up to 180 days from the filing of a complete Application for a Solid Waste Facility to review and decide the Application.
(8) Severability: If any section, subsection, sentence, clause or phrase of this Zoning Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the Zoning Ordinance as a whole or any part thereof other than the part so declared invalid.
(9) Location:
A. Street and Highway Access: All such Solid Waste Facilities operations shall be located within the M-2 Industrial district of the City of Maumee. Any permitted Solid Waste Facility shall be located adjacent to a state highway or major thoroughfares. Where necessary, the City of Maumee may require the Applicant to construct and/or improve a road to accommodate the truck travel necessitated by the operations of the Solid Waste Facility, as a condition of such operation, and for the purpose of routing traffic around residential areas. A stop sign shall be erected and maintained by the owner/operator at all egress roads of the property where the Solid Waste Facility will be constructed. Under no circumstances shall trucks use private drives or private access routes from the Solid Waste facility property which are within one hundred fifty (150) feet of any residence.
B. Setback Requirements: Sufficient setback shall be provided from all property lines and public highways to assure adequate lateral support for adjacent public and private property. No Solid Waste Facility shall be permitted closer than one hundred (100) feet from the interior boundary lines. In addition, no Solid Waste Facility shall be permitted closer than three hundred (300) feet to any domicile, or within three hundred (300) feet of any residential district. No such Solid Waste Facility shall be permitted closer than one hundred (100) feet to adjacent public rights-of-way, property lines, lakes and streams. No Solid Waste Facility shall be permitted where adjoining lateral support for the maintenance of adjoining land is not maintained.
C. Temporary and Permanent Building Screening: Any temporary, moveable or permanent building or structure shall not be located closer than two hundred fifty (250) feet from the interior boundary lines. In addition, if located within one thousand (1,000) feet of a residence, it shall be obscured by a suitable barrier, not less than ten (10) feet high, with screening of a type to be decided on an individual basis by the Board of Zoning Appeals at the time of approval of the conditional use and pursuant to the Board's authority to impose and enforce any special terms, standards and conditions necessary for the approval of the conditional use. The foregoing shall not apply to the digging or excavating apparatus, nor to the stockpiling or loading and transportation equipment.
D. Sediment Basins: No Solid Waste Facility shall interfere with the established natural flow of surface waters, to the detriment or damage to adjoining public or private properties. The Board of Zoning Appeals shall have the right to require an Applicant to construct adequate sediment basins if it appears that substantial sediment may be carried into any nearby watercourse
(10) Sight Barriers and Fencing:
A. Sight Barriers: Sight barriers shall be provided along all setback lines of the sites which lack natural screening conditions through existing contours or evergreen growth. Such barriers shall consist of the following: a continuous mound of at least ten (10) feet in height and plantings of evergreen trees, not more than ten (10) feet apart, or shrubbery not more than five (5) feet apart, in staggered rows, on the mound, parallel to the boundaries of the property. Evergreens shall be at least two-year transplants at the time of planting, and shall grow to not less than ten (10) feet in height; and shall be sufficiently spaced to provide effective sight barriers when ten (10) feet in height. Trees or shrubs which die must be replaced.
The requirements for screening by means of a mound and plantings may be reduced or eliminated by the City of Maumee if the particular site and terrain of the subject property (with screening of a reduced height), will afford adequate sight barriers for adjoining property owners, residents or passers-by.
B. Fencing: A Solid Waste Facility shall be fenced with an eight (8) foot high chain link fence with three (3) strands of barbed wire, angled forty-five degrees (45°) toward the outside of the premises on the top. Such fence shall be located inside of any mounds or screening following the exterior boundaries. The entrance to a Solid Waste Facility shall have a gate which shall be closed and locked at all times that the Solid Waste Facility is not open.
(11) Nuisance Abatement and Quiet Enjoyment:
A. Quiet Enjoyment: Air pollution, noise and vibration, and their effect upon the quiet enjoyment of adjacent properties shall be minimized by the utilization of adequate soundproofed equipment and buildings designed to accomplish such minimization, and by the proper use of mounds, walls and natural planting screens. Interior and adjoining roads used in the operation of a Solid Waste Facility shall have their surfaces paved to minimize any muddy or dusty conditions.
B. Rodent Control: Rodent traps, if needed, shall be placed every one hundred (100) yards, around the perimeter of the Solid Waste facility, inside the fence, and shall be regularly inspected and cleaned, not less frequently than once each week.
C. Security Lighting: Any security lighting deemed necessary by the Owner or Operator shall be the sodium vapor type and shall be aligned so that no part of the illuminated field shall fall on any adjoining residential property.
D. Emergency Public Water Supply: A Solid Waste Facilities shall have adequate water supply provided by the City of Maumee and facilities for quick delivery of water to any part of the property for the purpose of extinguishing fires. If the Applicant proposes a source of water supply other than the City of Maumee, the source of the water supply and the facilities to provide for the delivery of the water shall be indicated on the specifications and site plans submitted for approval by the Maumee Fire Department and the Department of Public Service.
E. Litter: All litter shall be collected from the Solid Waste Facility site by the end of each working day and properly disposed or stored in a covered container.
F. Vehicle Wheel Wash: Prior to exiting a Solid Waste Facility, vehicle operators shall wash any loose mud or dirt from the tires of their vehicles to prevent mud and dirt from being tracked on to local roads.
(12) Hours of Operation: All operations, other than the maintenance of equipment within a fully enclosed building, shall be conducted only between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, and 7:00 a.m. and 3:00 p.m. on Saturdays and legal holidays. A sign stating the hours and prohibiting dumping of other items shall be placed in a conspicuous location at the entrance. Keys for admittance to the Solid Waste Facility shall be given to the Maumee Fire Chief. Solid Waste Facilities shall have qualified personnel on duty at all times to direct the operations of the Solid Waste Facility.
(13) Liability Insurance: All Applicants shall be required to carry personal injury and property damage insurance, in addition to any and all bonds required by state statute until the Solid Waste Facility is closed in compliance with Ohio laws. Such insurance shall be in the amount of not less than one million dollars ($1,000,000.00) for each person injured or property damaged, or for any injury or damage to more than one person or one person's property, arising out of one occurrence. The deductible written into the insurance policy shall not exceed five percent (5%) of the per-incident limit of the liability of the policy. The coverage obtained by the Owner or Operator of the Solid Waste Facility to fulfill the requirements of this section shall include the provisions that the insurer shall notify the Clerk of Council and the Planning and Zoning Administrator a minimum of thirty (30) days prior to the cancellation of the insurance for any reason. Such insurance shall cover injury or damage occurring upon the site of the operation, as well as upon properties adjoining thereto, as the result of conditions or activities existing upon the
site. Such policies shall be filed with the Clerk of Council, and shall be maintained in effect until a certificate of final closure for the Solid Waste Facility and a copy of the approval of the Director of the Ohio Environmental Protection Agency of the financial assurance mechanism to secure the obligation of the Applicant to close and care for the Solid Waste Facility for, thirty (30) years follow its closure.
(14) Submission of Operational and Closure Plans: Proposed operational plans shall be submitted as part of the required application. Such plans shall include the following:
A. Site Plan Map: A site plan showing the placement, height, and size of all natural and man-made features of the proposed site and operation. The site plan shall also include a contour map of the tract of land showing existing and proposed elevations. Existing Grade shall be established as the average natural grade of the lot prior to any site work or grading taking place, or the average curb height of all streets adjacent to the parcel, whichever is less. In the absence of curbs, the center of the street, or in the case of a divided highway the center of the nearest travel lanes shall be used to establish average curb height. No Solid Waste Facility or structure shall exceed fifty (50) feet in height above Existing Grade. The site plan shall show all proposed means of access and circulation, location and dimensions of proposed parking areas, size and location of abutting public streets, additional roads, if any, to be constructed and the location and nature of adjoining development. The site plan shall be prepared by professional engineers, architects, surveyors, geologists and/or other professionals as required and appropriate.
B. Acreage: The number of acres and the location of the parcel proposed to be operated upon and the proposed phasing of operations. No Solid Waste Facility shall be sited on any parcel of land greater than fifty (50) acres in area.
C. Type of Solid Waste Facility: The type of Solid Waste Facility proposed to be constructed, the nature of the equipment to be used and the materials to be accepted.
D. Survey: A survey by a registered surveyor, showing the location of the principal Solid Waste Facility and the distance of any proposed operations, and the boundaries of the site.
E. Grade and Elevation: A map disclosing the approximate final grade and the levels to be established following completion of the disposal areas, including the proposed uses, if any, being contemplated for the future use of the land, and other such matters as may evidence the bona fide nature of the post-use plans. No Solid Waste Facility or structure shall exceed fifty (50) feet in height above Existing Grade.
F. Lakes, Streams, Water Course: A map disclosing the location of all lakes, streams, creeks, watercourses, groundwater aquifers, and public, private, residential, agricultural and commercial water wells from which required water samples will be taken for analysis.
G. Landscaping: A landscaping plan showing all proposed landscaping, fencing, mounds and buffers.
H. Lighting: A lighting plan showing all proposed lighting to be provided including lighting type, heights, intensity, and shielding.
(15) Special Terms: The Maumee Planning Commission shall have the authority to impose such special terms, standards and conditions as are appropriate or necessary to assure compliance with the requirements necessary to comply with this Section 1134.04, the General standards and Considerations of Section 1134.03, and all other requirements of the Maumee Zoning Ordinances, and to eliminate all significant adverse effects identified in the Solid Waste Facility review process of Section 1134.04.
(16) Connection to Water and Sewer System: No Solid Waste Facility shall be permitted unless connected to an existing municipal water supply system and municipal sanitary sewer systems for the treatment of leachate and other sanitary waste generated by the improvement constructed as part of the Solid Waste Facility.
(17) Area, Dimensions, and Setbacks
A. Area: No Solid Waste Facility or Structure shall exceed fifty (50) acres in area.
B. Height: No Solid Waste Facility or structure shall exceed fifty (50) feet in height above Existing Grade.
(18) Financial Guarantee: Financial guarantee shall be given to the City of Maumee to secure compliance with a host community agreement that incorporates the basis for the issuance of the conditional use permit, pursuant to the authority of the Council to adopt and impose special terms, standards and conditions. Any such financial guarantees shall be reviewed annually by the Planning and Zoning Administrator on or about the anniversary date of the issuance of the conditional use permit for adjustment in compliance of the foregoing requirements. The amount of the financial guarantee may be increased or decreased, based upon the cost of living index, promulgated by the U.S. Department of Labor, using the effective date of this ordinance as the base period or initial date to be used to adjust the amount of the financial guarantee. Such financial guarantee shall be in the form of cash, certified check, irrevocable bank letter of credit or a corporate bond of a licensed insurance company, eligible to insure Solid Waste Facilities in Ohio. The corporate bond, if it is used, shall be a performance bond which shall be filed with the Municipal Clerk governing all property, conditions and activities of the Solid Waste Facility required to be maintained in accordance with these regulations, guaranteeing the satisfactory performance of the conditional use, host community agreement and required special terms, standards and conditions. The bond shall not be cancelable for nonpayment of premium and shall continue in force for one (1) year.
For all Solid Waste Facilities, the minimum financial guarantee shall be at least two-hundred thousand dollars ($200,000), provided to the City of Maumee. The bond shall be filed with the Municipal Clerk before the conditional use permit is issued, and on or before the first of each calendar year thereafter.
The City of Maumee may provide for a periodic review of the proposed operations of the Solid Waste Facility to ascertain compliance with the conditions and limitations imposed upon the same.
(l) Sweepstake Terminal Café. In any C-2, M-1, or M-2 district, a sweepstake terminal cafe may be approved as a conditional use.
(Ord. 029-2022. Passed 5-16-22.)
(m) Mini-Warehouse. In any C-2, M-1 or M-2 district, mini-warehouses may be approved as a conditional use provided it meets the following additional criteria:
(1) Site plan to show property lines, setbacks, street paving, curb cuts, landscaping, location of all structures including buildings, designated parking spaces, travel lanes, drainage areas and structures, location of walls and fences and meet all other requirements of Chapter 1135 Site Plan and comply with all architectural standards and specifications. All surface materials for all driveways, parking, loading outdoor storage and vehicle circulation areas must be approved by the Planning Commission.
(2) Lot shall not front on a local residential street, nor shall access be permitted to a local residential street.
(3) Facility shall be used only for dead storage of materials or articles and shall not be used for assembly, fabrication, processing or repair of any kind.
(4) No business except for the business of renting the mini -warehouse units or sales shall be conducted from the mini-warehouse units or property. Except for meetings necessary for conducting facility business no portion of the facility or any of the mini-warehouse units shall be used for practice rooms, meeting rooms, or for any other gathering purposes, or be used for residential purposes.
(5) No exterior vehicle storage shall be permitted unless the area to be used for vehicle exterior storage has been effectively screened from view from all neighboring properties and right-of-ways. The vehicle storage area shall be located at the rear of the property and shall not be in front of any buildings or within 250 feet of the right of way. Screening shall consist of landscaping, fencing and walls, or a combination of these items, and shall be maintained in good condition. The height of any exterior storage items shall not exceed the height of the surrounding screening. Should screening be removed or damaged then exterior storage shall be eliminated until screening has been repaired or replaced. The Zoning Administrator in consultation with the City Administrator (or their designee) shall have discretion in determining if proposed screening meets the "effectively screened" requirement. The area dedicated to outside storage shall not exceed fifteen percent (15%) of the area dedicated to inside mini-warehouse uses. No outside storage of material or waste shall be allowed. Outside storage areas are prohibited in facilities constructed after February 01, 2022, or in any expanded portions of existing facilities constructed after this date.
(6) All vehicles, recreational vehicles and trailers stored on site must be properly licensed and registered, in fully operational and good working condition and have affixed thereto a current license. No vehicles may be in a state of disrepair, disassembly, wrecked, or otherwise non-functional condition. No maintenance or repair shall be performed on site.
(7) Storage of explosive or highly flammable material shall be prohibited. Commercial transfer and active storage operations shall not be permitted nor shall the space be used for service or repair. Garage sales and/or flea markets are prohibited.
(8) All such facilities shall be staffed with a minimum of one (1) on-site employee between the hours of 8 a.m. and 8 p.m.
(9) Facilities shall be screened with landscape material on all property boundaries and meet all additional requirements of Chapter 1145.
(10) Property shall be enclosed with a six-foot high, black, "wrought iron" style fence and shall have a single controlled entrance and exit with electronic entrance gates. Chain link fencing, wood fencing, chain link gates, or wood gates shall be prohibited.
(11) Façade's facing a public street shall be a minimum height of twenty (20) feet and contain a mix of materials, colors, decorative features, and off-sets to eliminate any "blank wall" look. Split-faced block shall be a prohibited exterior material. All additional requirements of Chapter 1136 shall be met.
(12) All lights shall be shielded to direct lights onto the facility and away from adjacent property and meet the requirements of Section 1136.13.
(13) All mini-warehouse buildings, including offices, constructed after Feb. 01, 2022 shall have a minimum front yard set-back from the right-of-way of eight-hundred (800) feet unless the Board of Zoning Appeals has approved a variance reducing this amount.
(14) Total lot area used for mini-warehouse use, including office, parking, access drives and all exterior storage areas, shall not exceed eighty-five percent (85%) of total lot area.
(15) Except for the expansion of an existing mini-warehouse facility which does not exceed thirty percent (30%) of its existing total lot area, mini-warehouse facilities are not allowed on greenfields or previously undeveloped property unless a variance for said property is granted.
(16) The minimum lot area shall be a minimum of two (2) acres and the maximum lot size shall not exceed two and a half (2.5) acres and shall not be located within 2000 feet of another mini-warehouse facility. Existing mini-warehouse facilities shall not expand more than once, and such expansion shall not encompass more than two and a half (2.5) acres or thirty percent (30%) of the existing total lot area.
(17) Nothing in this section shall preclude the property owner from carrying out routine maintenance and repair of the facility. If zoning changes in the future, owner shall be subject to nonconforming use provisions of the City of Maumee Zoning Code for repairs or continued use.
(18) For the expansion of an existing facility, or the construction of a new facility, occurring after Feb. 01, 2022, the minimum side and rear set-backs shall be ten (10) feet to accommodate the additional landscaping and screening. For the expansion of an existing facility, the additional set-back requirement shall only apply to that area being expanded.
(Ord. 012-2022. Passed 3-7-22.)