(a) The Commission shall conduct a public hearing and shall act upon the request within a reasonable time thereafter. In reviewing a request the Commission shall consider whether the proposed use:
(1) Will be in harmony with or adversely affect the use of neighboring properties;
(2) Will adversely affect the health or safety of persons residing or working in the neighborhood;
(3) Will change the character of the neighborhood;
(4) Will be detrimental to the public welfare or injurious to property;
(5) Is in accord with the purpose and intent of this chapter and the Comprehensive Plan of the City.
(6) Complies with any adopted policies relating to such uses.
(b) If after review the Commission finds that in its opinion a request does not meet the above criteria, the request shall be denied. In granting any conditional use permit, the Planning Commission may impose such conditions in connection therewith as it may deem necessary to protect the public welfare, preserve the purpose and intent of this chapter, and protect the character of neighboring properties. Such conditions may include, but shall not be limited to the regulation of:
(1) Setbacks;
(2) Screening and buffers;
(3) Noise;
(4) Hours of operation;
(5) Access and traffic;
(6) Glare;
(7) Vibration;
(8) Odors;
(9) Dust;
(10) Smoke;
(11) Hazardous materials.
(c) In addition, the following performance standards have been established for regulating the issuance of a conditional use permit (CUP) for home occupations:
(1) Only a person/persons who reside as a resident of the premises may participate in the home occupation as an employee or volunteer.
(2) Outside storage related to the home occupation shall not be permitted.
(3) The proposed use shall not occupy more than 20% of the floor area of the main building or dwelling unit. Basements, porches and garages shall not be included in calculating permitted area.
(4) There shall be no substantial reconstruction or additions to the main building. Minor alterations to the main building in accordance with all Building and Zoning Codes may be permitted to accommodate the proposed use.
(5) No equipment, process, materials or chemicals shall be used which produce audible noises, obnoxious odors, vibrations, glare, fumes, hazardous wastes and electrical interference which is detectable to normal sensory perception outside the structure. Materials or chemicals which may be a potential fire hazard are not permitted.
(6) No vehicle repair or servicing shall be permitted.
(7) Signage shall not be permitted nor shall newspaper advertisement include the address of the business.
(d) In addition, the following standards have been established for regulating the issuance of a conditional use permit (CUP) for the placement of wireless telecommunication towers:
(1) The existing "utility corridor" which is comprised of the CEI transmission lines and Conrail/N&W railroad tracks should be given primary consideration for tower sites.
(2) With the approval of the local authority, municipal sites, school sites, public utility sites or sites containing religious institutions should be given secondary consideration as potential tower sites.
(3) Wireless telecommunications towers are discouraged within residential developments.
(4) Monopoles with co-location capabilities are encouraged, in addition, camouflaging the towers may be required.
(e) In addition, the following standards have been established for regulating the issuance of a conditional use permit (CUP) for agricultural and horticultural uses:
(1) Off-street parking shall be located a minimum of fifteen feet (15') from a residential property line. Off-street parking areas and loading and storage areas shall be screened from view from adjacent residential properties by landscaping, fencing or both.
(2) No more than three (3) vehicles or self-propelled equipment (other than automobiles) shall be stored on-site more than 30 days per calendar year unless in a fully enclosed building.
(3) Roadside stands may be permitted in Districts R-1 through R-3 and R-S.
(4) Composting and/or the application of fertilizers or other odorous matter shall not be readily detectable beyond the property line.
(5) The creation of airborne dirt as the result of agricultural or horticultural activities shall be controlled on site.
(6) The storage of fuel and/or fertilizers shall be limited to such quantity as may be approved by the Fire Chief or Public Safety Director.
(7) The use of herbicides, pesticides, etc. shall be as permitted by the Ohio Department of Agriculture, Ohio Environmental Protection Agency and respective U.S. Departments.
(8) All buildings (existing and proposed) shall be depicted on a site plan (1"=50'). At a minimum, all buildings shall observe the applicable minimum setback requirements for the district.
(f) In addition, the following standards have been established for regulating the issuance of a conditional use permit (CUP) for an adult group home:
(1) The architectural design and site layout of the home and the location, nature and height of any walls, screens and fences shall be compatible with adjoining land uses and the residential character of the neighborhood.
(2) The home shall comply with yard, parking and sign regulations; or, if necessary, seek the required variance(s) from the Board of Building and Zoning Appeals (BZA).
(3) Excessive concentration of adult family homes, adult group, licensed residential family facility and licensed residential group facility, shall be avoided.
(4) A Conditional Use Permit for adult group home or a licensed residential group facility shall not be granted until the building plans have been reviewed by the Chief Building Official and have been determined to be in conformance with the Ohio Building Code for the intended use and occupancy. No Conditional Use permit shall be granted in a residential zone when the Chief Building official has determined that the Building Code use is defined as (I) Institutional use, rather than (R) Residential Care Facility use.
(g) In addition, the following standards have been established for regulating the issuance of a conditional use permit (CUP) for the location of crematories:
No crematory shall be erected, operated or maintained within five hundred yards of a residential lot.
(Ord. 12-O-90. Passed 10-16-12.)
(h) In addition, the following standards have been established for regulating the issuance of a conditional use permit (CUP) for a child daycare center in any residentially zoned district:
(1) The child daycare center shall either (i) be compatible with and accessory to an existing and lawfully conforming non-residential use on the parcel where it will be established, or (ii) when it will be the principal use upon the parcel where it will be established, there is currently an existing non- residential building which is proposed for adaptive re-use as a child daycare center.
(2) There is an existing non-residential structure wherein the child daycare center will be located and there will not be any substantial additions to either the building, parking, or any other site improvements (except those required for Code compliance) either at the time of initial use or thereafter.
(3) The child daycare center will be located on a parcel with frontage only upon a minor collector, major collector, or an arterial street.
(4) Noise mitigation and preservation of the view amenity for adjacent properties shall be addressed via application of at least the minimum applicable buffering requirements set forth in Section 1162.11.
(5) Hours of operation shall be daytime only Monday through Friday.
(Ord. 18-O-097. Passed12-4-18.)