In addition to other requirements found in this zoning code, some special conditions may be imposed. Conditional uses, not specified herein, shall be regulated at the Village Planning Commission's discretion. Uses may be permitted or denied depending upon how well they can address the following conditions.
(A) Community non-commercial recreational and community recreational facility. Buildings located within 100 feet of a residential district or use shall incorporate a minimum of level 1 screening. This distance shall be measured from the building to the residential property line. A higher level of screening may be prescribed by the Village Planning Commission depending on the intensity of use.
(B) Bars, night clubs, taverns. Not to exceed 2,500 gross square feet.
(1) Outdoor patios and smoking areas. Not permitted on elevations facing residentially zoned districts, except when a 75-foot setback can be maintained between the district boundary and the outdoor patio edge.
(2) Screening.
(a) Additional screening and/or distance may be imposed to consider
requests from establishments not able to meet proper setback or frontage requirements.
(b) Level 3 Screening when adjacent to residential zoned districts.
(C) Home occupations. Home occupations are allowable in all residential zoning districts subject to the following conditions:
(1) Restricted to occupants. No employees shall travel to the home for work related purposes;
(2) No signage;
(3) Limited activity. Home occupations are to be conducted entirely within the home. This does not include the garage. Uses expressly prohibited as a home occupation include any type of welding, minor automotive repair, major automotive repair, and the like;
(4) Alterations. There shall not be any additional or separate exterior entrances to the dwelling unit specifically used for the purpose of conducting business or to accommodate the home occupation;
(5) Nuisance determination. Any activity or use determined to be a nuisance shall prevail over the owner's use as a home occupation. A nuisance can be evaluated based on the following:
(a) Traffic volume in excess of typically accepted standards for residential uses;
(b) Frequency of complaints from neighbors;
(c) A police report citing a civil dispute resulting from or involving the home occupation;
(d) A determination of illegal use by the Village Administrator.
(D) Domestic violence shelters. Based on their services, domestic violence shelters are exempt from the public review and notification procedures. Their location is permitted in all zoning districts subject to the following:
(1) Proof of status. The shelter must be run by a legitimate and non-profit organization. Articles of Incorporation and a tax identification number must be submitted confidentially to the mayor's office as a condition for location approval;
(2) Location must be approved administratively by the Mayor, Police Chief, Planning Commission, Village Administrator and Village Council.
(3) No further review requirements are necessary.
(E) Group homes and transient housing.
(1) Owned by a not-for-profit organization. The operation must be run by a legitimate and non-profit organization.
(2) Proof of status. A copy of the organization's Articles of Incorporation, tax identification number, and license required by the State of Ohio must be submitted in order to receive site approval.
(3) On-site management required. Each location must have a full-time person living on-site to manage the operation.
(4) Zoning requirements. Group homes and transient housing must comply with all zoning requirements per the district in which it is located. In addition:
(a) Group homes. Each person living in the home must have his/her own bedroom.
(b) Transient housing. Each person living in the home must have his/her own living unit per the zoning district requirements.
(5) Group home exception. The maximum number of unrelated individuals may exceed three in the single-family residential districts on condition that the number of bedrooms is equal to the number of individuals living at the residence. This number does not include the required 24-hour staff person.
(6) Floor plans. Floor plans must be submitted as part of the review and approval process.
Example 1: If a home is proposed for use as a transient home in the R-l Single-Family Residential District, then it must have 1,600 sq. ft (single story) or 1,800 sq. ft (two story) living area. Only one family or three unrelated individuals may live in the home in addition to the staff person required.
Example 2: If a four-bedroom home is proposed for use as a group home in the R-3 Single-Family Residential District, the maximum occupancy is four individuals each having his/her own bedroom. See above “Group Home Exception.”
(F) Bed and breakfast.
(1) Proof of status. The business must provide a tax i.d. number and/or proof of incorporation so as to distinguish it from other non-commercial types of housing.
(2) On-site management required. Each location must have a full-time person living onsite to manage the operation.
(3) Zoning requirements. Each location must comply with all zoning requirements per the district in which it is located.
(4) Bed and breakfast exceptions.
(a) Living units. Living units are defined below and may differ from the minimum living unit requirement per the zoning district.
1. A bedroom available for rent constitutes a “living unit.”
2. A suite available for rent constitutes a “living unit.”
(b) Occupancy. The maximum number of unrelated individuals may exceed three in the single-family residential districts on condition they are not greater than the number of living units as defined in (4)(a) above. This does not include the required 24-hour staff person.
(5) Floor plans must be submitted as part of the review and approval process.
Example 1: If a home is proposed for use as a bed and breakfast in the R-2 Single-Family Residential District, then it must have 1,300 sq. ft. (single story) or 1,500 sq. ft (two story) living area.
(G) Drive thru lanes and pick up windows.
(1) Traffic circulation.
(a) Pedestrian crossings shall be available.
(b) Pedestrian crossings shall be clearly marked/enhanced where lanes bisect the building and required parking.
(2) Lane separation. Parking lot circulation aisles must be separate from the drive-thru lane so as not to block vehicles parked in the lot.
(3) Stacking.
(a) Fast food. Drive-thru lane must provide for eight stacked cars from point of ordering to the access point, measured to the right-of-way line.
(b) Pick up window. Pick up windows must provide for five stacked cars from window to the access point, measured to the right-of-way line.
(4) Ingress/egress.
(a) New development. Ingress/egress must be 250 feet from a signalized intersection.
(b) Existing development. Ingress/egress must be located at the farthest point on the lot from the signal.
(5) Screening. Per § 178.141 Screening Standards.
(H) Car wash.
(1) Noise level. Not to exceed 60 decibels at property line in C-l and C-2 Districts.
(2) Vacuum cleaners. Vacuum cleaners over the 60-decibel limit shall be permitted only in locations with industrial district zoning classification unless next to a residential use or zoning, then the requirement remains 60 decibels at the property line.
(3) Hours of operation.
(a) Unattended - 7:00 a.m. -11:00 p.m.
(b) Attended - 24 hours.
(4) Screening. Per § 178.141 Screening Standards Level 2.
(I) Gas stations.
(1) Tank access. Access to sub-surface gas tanks shall be oriented toward the street and away from residential districts.
(2) Screening. Per § 178.141 Screening Standards Level 2.
(J) Funeral services.
(1) Stacking. It is not permitted to use major or minor thoroughfares, nor arterial, primary or secondary streets for procession readiness and vehicle stacking.
(2) Crematoriums (human or animal). Crematoriums shall be located no closer than 100 feet to any residential use or zoning district as measured from the building housing the crematorium to the property line of a residential zone or use.
(K) Cemeteries.
(1) Access. Cemeteries must be accessed from a major or secondary thoroughfare.
(2) Setback. A ten-foot side and rear yard setback is required when cemeteries about any residential zoning district.
(L) Nursing/convalescent homes.
(1) Access. These homes must be accessed from a major or minor thoroughfare or be part of a larger development such as a Planned Residential District (PRD) or Planned Mixed Use Development (PMUD).
(2) Minimum lot size ratios. Ratios may be reduced if open space is accessible and useable to the residents based on one of the following criteria:
(a) The facility is part of a Planned Residential District (PRD) or Planned Mixed Used Development (PMUD) that has an open space component including a walking path or trail throughout the development.
(b) The facility is adjacent and connected to a public open space area or pathway.
(M) Outdoor storage requirements.
(1) O-1, C-1, C-2, and C-3 standards.
(a) Outdoor storage is not permitted in the required front yard.
(b) All stored items must be located on a hard, dust free surface and shall be maintained in good condition.
(c) Outdoor storage areas must meet level 1, 2, or 3 screening requirements as prescribed by Village Planning Commission or the Village Administrator. Required parking must be maintained.
(2) I-1 and I-2 standards.
(a) Outdoor storage, display, or sale of materials, equipment or vehicles shall be prohibited in front yard setback.
(b) Outdoor storage areas may utilize permeable surfaces if the area is enclosed and screened.
(c) Screening standards per § 178.141 Screening Standards, Level 2 or 3.
(N) Drive-thru beverage stores.
(1) Traffic circulation. Traffic must flow from rear of property forward through the building.
(2) Single bay. Buildings are limited to one lane/bay.
(a) Screening. Side and rear yards must employ Level 2 Screening per § 178.141 Screening Standards.
(b) Stacking. Must have stacking space for five car lengths from the point of sale to the right-of-way.
(O) Minor automobile service and repair.
(1) Stacking.
(a) No stacking/storage in front yard.
(b) Vehicles must be stored in orderly fashion, such as striped parking bays.
(2) Indoor. All work must be conducted indoors.
(3) Hours of operation - 6:00 a.m. to 11:00 p.m.
(4) Screening standards when adjacent to residential use or zoning, see § 178.141 Screening Standards.
(P) Major automobile service and repair.
(1) On-site storage. All vehicles must be parked or stored on a hard dust free surface.
(2) Must be located 300 feet from lot line of residential zone or use.
(3) All automotive repairs and activities must be performed in an enclosed building.
(4) No vehicle may be stored on site for more than 30 days.
(Q) Parking garage. If there is a controlled entry gate to facility, then provision shall be made to allow for three cars to be stacked between gate and rights-of way.
(R) Outdoor drive-in movie theaters. Outdoor movie theaters possess unique characteristics of being used only after darkness and since they develop a concentration of vehicular traffic in terms of ingress and egress from their parking area, they shall be permitted in I-1 and I-2 Districts only. Outdoor movie theaters shall further be subject to the following conditions:
(1) Site approval. The proposed internal design shall receive approval from the Planning Commission, Village Administrator and the County Engineer as to adequacy of drainage, lighting, and other technical aspects.
(2) Access. Outdoor theaters shall abut a major thoroughfare and points of ingress and egress shall be available only from such major thoroughfare.
(3) Vehicular stacking. The facility entrance shall provide room for a minimum often (10) vehicles for off-street stacking space.
(4) Viewshed. The area shall be so laid out as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares.
(5) Lighting. All lighting used to illuminate the area shall be so installed as to be confined within, and directed onto, the premises or the outdoor theater site. See § 178.143 Lighting.
(S) Emergency medical services. Private emergency service companies shall be considered a C-2 General Business for evaluating site screening requirements per § 178.141 Screening Standards.
(T) Mixed office/residential use.
(1) C-1, C-2, and O-1 Districts.
(a) Primary use is office or commercial.
(b) Residential must be on second floor or higher.
(c) Maximum two units or the residential square footage may not exceed 50% of the building square footage dedicated to office or commercial, whichever is greater.
(2) C-3 District.
(a) Buildings with frontage located on Main Street may only have residential uses on the second story or higher.
(b) Residential in all other areas zoned C-3 shall be evaluated for appropriateness at the discretion of the Village Planning Commission.
(c) The preservation of the downtown business core shall take precedent over residential use.
(U) RV sales.
(1) Display or storage of recreational vehicles is not permitted in the required front yard.
(2) All vehicles must be located on a paved surface.
(3) Outdoor storage areas must meet level 1, 2, or 3 screening requirements as prescribed by Planning Commission.
(4) The required number of parking spaces must be maintained.
(V) Bee keeping.
(1) Required set back. All hives must be located at least 50 feet from any property line.
(2) Required lot size. Beehives shall not be permitted on lots less than 7,500 square feet. No more than four hives shall be kept on lots between 7,500 and 15,000 square feet. Additional hives may be added on lots greater than 15,000 square feet, at the rate of one additional hive per 5,000 square feet.
(3) All colonies must be registered with the Ohio Department of Agriculture pursuant to R.C. §909.02 and/or all applicable state and other governmental agencies. The required number of parking spaces must be maintained.
(W) Fitness center. Subject to Village Planning Commission and Village Council review.
(X) Schools - public/private.
(1) Must be a bona-fide educational institution recognized by the Ohio Department of Education.
(2) Traffic circulation and student pick-up and drop-off points must be arranged to minimize daily vehicular flow.
(Y) Barrow pits. Subject to Planning Commission review.
(Ord. O-2019-24, passed 9-9-2019)