The following minimum requirements shall be imposed on certain conditional uses. Additional requirements may be imposed by the Planning Commission if deemed appropriate and reasonable to meet the spirit and intent of this Zoning Code, the Comprehensive Plan and any relevant planning document. In granting any conditional use permit, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Zoning Code.
(a) Animal Service Facility.
(1) All activities, with the exception of animal exercise yards, shall be conducted within a fully enclosed building.
(2) Buildings containing an animal service facility shall be located no closer than 200 feet from any residential zoning district or any parcel used in a residential manner.
(3) Any permitted outdoor animal exercise areas shall be located a minimum of 500 feet from any residential zoning district or any parcel used in a residential manner.
(4) The operator of an animal service facility shall be responsible for using good management practices to discourage undesirable odors, insects, and excessive noise.
(5) Rooms intended to accommodate animals must be insulated, or otherwise soundproofed and vented to ensure noise levels are consistent with the specific performance standards set forth in this Zoning Code.
(6) The facilities, including all structures, shall be screened with appropriate vegetation or solid walls from all public rights-of-way and adjacent residential uses or zoning districts.
(7) The Planning Commission shall have the authority to require such additional fencing, screening, and/or other measures it deems necessary to protect the health, safety, and welfare of people adjacent to an animal facility, or to deny a request to locate a facility in such areas, based on health and safety considerations.
(8) The Planning Commission may also impose other reasonable conditions and limitations it deems necessary to prevent or mitigate possible nuisances, such as noise and odor, including limiting the number of animals on the premises.
(b) Automated Teller Machines (ATMs).
(1) No stand-alone automated teller machine structure nor any portion of an automated teller machine constructed as part of a building façade shall exceed fifteen feet in height.
(2) All structures and activity areas, except off-street parking, shall be located no less than 50 feet from all lot lines abutting any residential zoning district or residential land use and no less than thirty-five feet from all lot lines abutting non-residential zoning districts.
(3) The Planning Commission may require that a photometric analysis be provided in order to ensure that the foot candle measurement at any property line abutting against any residential land use or residential zoning district does not exceed .5 foot candles.
(c) Automobile Sales.
(1) The minimum lot size shall be four acres.
(2) The building setback for such establishments shall be located a minimum of 150 feet from any adjacent residential zoning district or residential land use and the minimum parking setback shall be fifty feet from any adjacent residential zoning district or residential land use.
(3) All work shall be performed entirely within an enclosed building. During the time work is performed on a vehicle, the vehicle shall be entirely within the enclosed building.
(4) Vehicle parking areas, vehicle and equipment storage areas, maneuvering lanes and access ways to public streets shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on and adjacent to the site.
(5) No scrap metal, scrap or salvaged parts, junk vehicles nor used oil, antifreeze, transmission or other such fluids shall be stored above ground on the site.
(6) Parking areas shall not exceed the required number of off-street parking spaces set forth in Chapter 1149, Off-Street Parking and Loading Facilities.
(7) Any proposed loudspeaker system shall be approved as part of the site plan and may require conditions regulating the hours of usage and maximum decibel levels.
(d) Automotive Gasoline Station.
(1) Location requirements.
A. No automotive gasoline station shall serve as the principal use on any lot. An automotive gasoline station may only be conditionally permitted as an accessory use to a principal retail use located on the same lot.
B. The principal retail use for which the automotive gasoline station serves shall have a minimum building footprint size of 50,000 square feet.
(2) Setbacks.
A. All buildings shall be located not less than 100 feet from the nearest street right-of-way line.
B. Gasoline pump islands may be placed in front of the established building line, but not less than thirty-five feet from the front lot line.
C. All structures and activity areas, except off-street parking, gasoline pump islands and canopies shall be located no less than forty feet from all lot lines.
D. Canopies shall be located no closer than fifteen feet from any street right-of-way.
E. Where the property abuts any residential zoning district or residential land use, all structures shall be set back a minimum of fifty feet from the property line.
(3) No structure shall exceed twenty-five feet in height, unless a more restrictive applicable height standard is set forth in this Code for a specific type of structure.
(4) Canopy standards.
A. No structure, excluding pumps, shall be constructed underneath a canopy, unless such structure meets all setback and yard requirements for buildings in this Zoning Code.
B. The maximum height of a canopy shall not exceed seventeen feet.
C. The maximum lot coverage of the zoning lot covered by all buildings and canopies shall not exceed thirty percent (30%).
D. All canopy lighting shall be recessed.
E. Signs erected on a canopy are subject to the regulations set forth in Chapter 1153. Such signs erected thereon shall be deemed to be canopy signs as set forth in this Code.
F. The canopy design, including any structural support, shall be approved by the Planning Commission, taking into consideration the design and architectural features of the main building and the adjacent structures.
G. The structure supporting a canopy shall be wrapped in brick material.
(5) The front lot line, in the case of corner lots, and the side lot line shall be delineated by a curb of concrete and the area between such curb and the adjacent street right-or-way is suitably landscaped and maintained.
(6) There shall be no more than two ingress/egress drives onto the property. No drive shall exceed thirty-five feet in width. All driveways, platforms and curbs of the service stations, whether located on a public or private roadway, shall be designed in accordance with the latest revision of “Regulations Governing Ingress and Egress at Gasoline Service Stations Fronting on all Highways under State Jurisdiction in Ohio”, adopted by the Ohio Department of Transportation.
(7) Lubrication, washing and other incidental servicing of motor vehicles and all supply and merchandise storage shall be completely within an enclosed building except as otherwise provided herein.
(8) Lighting, including permitted illuminating signs, shall be arranged so as not to reflect or cause glare that would constitute a nuisance to any residential land use or hazard to traffic on any public thoroughfare.
(9) Employee vehicles and vehicles awaiting servicing or return to customers following servicing shall be parked in areas indicated for such parking on the approved development plan. Such parking areas shall be located no less than fifty feet from the road right-of-way.
(10) The sale of food, beverages, (alcoholic or non-alcoholic) and merchandise, goods or commodities not related to the furnishing of gasoline or service to motor vehicles is permitted.
(11) No drive-thru window facility shall be permitted.
(12) The sale of motor vehicles on automotive service station premises shall be prohibited.
(13) No semi-trailer truck parking stalls are permitted.
(14) Semi-trailer truck refueling stations shall be prohibited.
(15) The permanent or temporary outdoor storage of any materials, parts or the outdoor display of goods and merchandise for sale shall be prohibited, unless otherwise provided for in this Zoning Code. The storage of non-operational vehicles for longer than a twenty-four-hour period shall only be permitted for automotive body and major repair businesses. Such storage shall be permitted if stored in the rear yard and screened by a solid wall or fence with a minimum height of five feet.
(16) No gasoline or automotive service station shall operate in the City as a totally self-service station.
(17) Notwithstanding any other provision of this Zoning Code relating to the development and operation of automotive service stations, no signs, product displays, parked vehicles or other obstructions which adversely affect visibility at intersections or at station driveways shall be permitted.
(18) Underground tanks must be removed if the property is to be converted to another use.
(19) Abandonment procedure. The following shall regulate the abandonment of automobile gasoline and automobile service stations:
A. If any automotive gasoline or service station is abandoned or inoperative for a period of at least 180 days, such station shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property or general welfare of the community and shall be abated.
B. Such abandoned or inoperative condition shall be abated within sixty days after receipt of notice from the City either by placing the station in operation in accordance with this section and other applicable laws and regulations of the City and State, adopting and using the building or structure for another permitted use in the district in which it is located, or by razing the station, removing the pumps and signs, abandoning the underground storage tanks in accordance with safe accepted practices as prescribed by the National Fire Protection Association and filling depressions to the grade level of the lot; however, if the station is in operation at the time notice is given and remains in operation for ninety consecutive days thereafter, the provision of this division shall not apply.
C. Whenever the Building Commissioner shall find any automotive service station to be abandoned, the Building Commissioner shall give notice in the same manner as service summons in civil cases, or by certified mail addressed to the owner of record of the premises at the last known address to which tax bills are sent, or by a combination of the foregoing methods.
D. An abandoned automobile gasoline or service station site shall comply with any applicable Federal or State of Ohio Environmental Protection Agency laws, rules and provisions prior to being granted a non-abandoned status by the Building Commissioner.
E. The owner of the station shall be required to consistently maintain the premises.
F. On the failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Building Commissioner may take action as may be necessary to abate such nuisance.
(e) Automobile Repair Facilities.
(1) General standards. The following standards apply to all automobile repair facilities:
A. All activities, including repair, maintenance and painting of automobiles, shall be conducted within a completely enclosed building, except for off-street parking as regulated by Chapter 1149.
B. No more than one door or other building opening used by a vehicle to access the enclosed service areas for any auto service facility shall face or be visible from any street upon which such facility has frontage. The location of such vehicle door or opening shall be approved by the Planning Commission.
C. Outdoor off-street parking spaces shall be provided to meet anticipated customer parking, which shall be limited to spaces for those customer automobiles without appearance of damage, which may be parked on the premises for not more than twenty-four hours while awaiting service or for not more than twenty-four hours after completion of service.
(2) Automobile repair facilities located in a GB General Business zoning district. In addition to the general standards identified in this section, the following standards apply to all automobile repair facilities located in a GB General Business zoning district:
A. An automobile repair facility must be an accessory use to a principal use located in the same building or structured and located on the same parcel. The levels of activity and physical space devoted to all automobile repair facility operations shall be accessory to the principal land use.
B. The physical space used in any of the automobile repair facility operations shall not exceed thirty percent (30%) of the total building footprint and/or outdoor work areas of the principal use.
C. The storage of non-operational vehicles shall not exceed two weeks. Such storage shall be permitted if stored in the rear yard and screened by a solid wall or fence with a minimum height of five feet.
(3) Automobile repair facility located in a GI General Industrial zoning district. In addition to the general standards identified in this section, the following standards apply to all automobile repair facilities located in a GI General Industrial zoning district:
A. The minimum principal building floor area shall be 40,000 square feet.
B. The storage of non-operational vehicles shall not exceed thirty days. Such storage shall be permitted if stored in the rear yard and screened by a solid wall or fence with a minimum height of five feet.
(f) Automobile Washing Facilities.
(1) Automobile washing facilities shall be permitted only as an accessory use to a principal land use. Such principal use shall have a minimum 50,000 square foot building footprint size and be located on a single parcel.
(2) The automobile washing facility shall be located on the same parcel as the principal building and may be either connected to the principal building or free-standing.
(3) All water from the washing facilities or automobiles shall be drained on the lot and shall not drain onto adjacent property or public rights-of-way.
(4) Any automobile washing structure or related activities shall be located at least 300 feet from any adjacent residential zoning district or residential land use and shall be adequately screened.
(5) All washing facilities shall be located entirely within an enclosed building, except that entrance and exit doors may be left open during the hours of operation.
(6) Vacuuming and/or steam cleaning equipment may be located outside a building, but shall not be placed in any yard adjacent to a residential zoning district or a residential land use.
(7) No more than one automobile wash bay shall be allowed.
(8) The automobile wash facility shall be designed to be an integral part of the principal building or if freestanding shall be designed with the same materials as the principal structure.
(9) Automobile wash facilities shall not be installed within existing multi-tenant buildings.
(10) The automobile wash facility shall not be of a self-service type.
(g) Cemetery.
(1) The minimum lot area shall be twenty acres.
(2) There shall be no more than two ingress/egress drives onto the property. No drive shall exceed thirty-five feet (35') in width.
(h) Educational Institutions.
(1) The minimum lot area shall be five acres for elementary schools, ten acres for junior high schools and fifteen acres for senior high schools.
(2) No structure shall exceed forty feet in height.
(3) All structures and activity areas, except off-street parking, shall be located no less than forty feet from the front lot line and no less than 100 feet from all other lot lines. Where the property abuts any residential zoning district or residential land use, the building setback shall be 100 feet from the residential property line.
(4) There shall be no more than three ingress/egress drives onto the property. No drive shall exceed thirty-five feet in width.
(5) Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare that would constitute a nuisance to any abutting residential land use or hazard to traffic on any public or private roadway.
(i) Farmer’s Market.
(1) No one shall operate a farmer’s market prior to being issued a building permit. Building permits for farmer’s markets may allow operation for a period of time up to forty-eight hours. A farmer’s market may operate from April 1 through November 30.
(2) A building permit issued for the operation of a farmer’s market shall become void if adequate permits from the Ohio Department of Health or any other permits required by state or federal agencies are not obtained by the applicant and, when necessary, by individual vendors.
(3) No other or additional land uses are permitted as part of a building permit issued for a farmer’s market.
(4) Any goods to be sold are to be on the vehicle or offloaded to the farmer’s market designated vendor areas as provided in the building permit application. No goods are to be placed in the parking spaces or travel lanes.
(5) All vehicles shall be parked within the areas allocated for parking and not extend into the travel lanes or block the public or private access road. A vehicle is defined as any conveyance designed to operate on public roadways.
(6) No parking areas shall be reserved for vendors or customers.
(7) Trash, debris, signs, and/or goods/produce offered for sale shall be removed from the farmer’s market site, right-of-way and parking areas by the vendors at the end of each sales day.
(8) No storage of hazardous, toxic, or obnoxious materials shall be permitted.
(9) Business identification signs shall be limited to temporary, non-illuminated signs that shall be removed promptly at the end of each sales day. Such signs shall not be located within any public right-of-way and shall not exceed sixteen square feet. The signs shall otherwise comply with the applicable Zoning Code requirements, including the sign regulations set forth in Chapter 1153.
(10) No permanent structures shall be constructed within the farmer’s market site area or accessory parking areas to serve the farmer’s market. Temporary structures (i.e., tents, canopies) shall not be attached to the existing buildings. Tent stakes not exceeding nine inches may be used to affix the temporary structures to the farmer’s market site area.
(11) If the farmer’s market does not operate for two consecutive seasons, the building permit granted for the farmer’s market use shall expire.
(12) A farmer’s market shall be limited to vendors who make, bake or grow their goods to be sold.
(13) Repair of any damage made to any public right-of-way adjacent to the farmer’s market site area or associated parking areas caused by the farmer’s market, including both vendors and customers, shall be the dual responsibility of the building permit applicant and the vendor(s).
(14) The maximum area permitted to be used as a farmer’s market sales area and associated parking areas and travel lanes shall not exceed 10,000 square feet and shall be no smaller than 4,000 square feet.
(15) The applicant for a building permit to operate a farmer’s market must include signed documentation from the owner(s) of real property upon which the farmer’s market use occupies evidencing permission to use the designated area as a farmer’s market use.
(16) Drive-up vehicular sales for any product sold at a farmer’s market shall be strictly prohibited.
(j) Financial Institutions (with a Drive-Through).
(1) Eight vehicle waiting spaces shall be expressly designed and provided for a single automobile drive-in teller bay or four vehicle waiting spaces for each automobile teller bay when the facility contains two or more automobile teller bays.
(2) The vehicle waiting area shall be designed such that all ingress and egress of vehicles shall be a minimal impediment to the normal flow of on-site traffic.
(3) No portion of a vehicle waiting area shall be nearer than twenty-five feet to any adjacent residential zoning district or residential land use.
(4) Off-street parking and vehicle waiting areas shall be surfaced either with concrete or a bituminous surface with specifications conforming to the Building Code.
(k) Funeral Homes.
(1) The minimum lot area shall be 20,000 square feet.
(2) No structure shall exceed thirty feet in height.
(3) All structures and activity areas, except off-street parking, shall be located no less than thirty-five feet from all lot lines. Where the property abuts any residential zoning district or residential land use, the minimum building setback shall be seventy-five feet from the residential property line.
(l) Group Homes (Adult).
(1) Adult group homes shall only be permitted as a conditional use in the RMF zoning district.
(2) The minimum lot area shall be 30,000 square feet.
(3) No structure shall exceed thirty-five feet in height.
(4) All structures and activity areas, except off-street parking, shall be located no less than thirty-five feet from all lot lines.
(5) There shall be no more than one ingress/egress drive onto the property. No drive shall exceed thirty-five feet in width.
(6) Each individual home shall have a person or persons maintaining permanent residence in the unit to avoid shift changes and to provide the same type of use and activities otherwise typical in residences in the area. This person or persons shall be a trained, responsible individual or individuals who shall assume full responsibility for all activities within the group home.
(7) In order to prevent the creation of a defacto social service district and to avoid impacting a residential block or neighborhood, the Planning Commission shall not grant a conditional use which would permit more than one group home or adult family home within the same block or within a 1,000 foot radius of another group home located either within the City of Middleburg Heights or located outside of the corporation limits of the City of Middleburg Heights.
(8) The residential character of all structures shall be maintained. No structure approved as a group home shall have its character altered.
(9) A group home shall not be permitted to be constructed or operated until the agency, organization or institute supervising such home satisfies the Planning Commission that the home and its operation will comply with all licensing or certification requirements of the appropriate State or local agency, pursuant to law.
(10) A group home shall not maintain lower than minimum building, fire, health and safety standards as established by State and local laws. No group home shall be occupied until a certificate of occupancy has been obtained and it is shown that all regulations are met.
(11) No exterior signs shall be permitted except as specifically allowed by the Planning Commission.
(12) A conditional use shall be granted for a specific type of group home. The type of home shall be defined as and by the specific nature of the individuals being treated or rehabilitated. Any change in the type of home shall require a new conditional use permit.
(m) Home Occupations.
(1) Home occupations shall be clearly incidental and subordinate to the use of the property for residential purposes and shall be wholly conducted within the dwelling.
(2) No more than the equivalent of twenty-five percent (25%) of the gross floor area of any dwelling shall be utilized for a home occupational use.
(3) The external appearance of the structure in which the home occupation is conducted shall not be altered.
(4) There shall be no outside storage of any kind related to the home occupational use and only commodities made on the premises or commodities, which are considered accessory to the services provided (i.e. shampoo in a beauty salon), may be sold on the premises. No display of the products shall be visible from the street.
(5) All parking requirements of a home occupation shall be provided for by utilizing either existing residential driveways or on-street parking spaces. No expansion of off-street parking areas shall be permitted in connection with a home occupation use.
(6) No equipment, process, materials, or chemicals which create offensive noises, vibration, smoke, dust, odor, heat, glare, x-rays, radiation, or electrical disturbances shall be utilized in the home occupation.
(7) Not more than one person, who is not a resident of the premises, may participate in the home occupation as an employee or volunteer.
(8) No more than one home occupation shall be permitted within any single dwelling unit.
(9) Delivery of any materials necessary for a home occupation shall be limited to automobiles, light duty pick-up trucks or light-duty commercial vans.
(10) Hours of operation for a home occupation that involves client visits or incoming deliveries are restricted to no earlier than 8:00 a.m. and no later than 8:00 p.m. each day of the week, except that operation on Sundays is restricted to 12:00 p.m. to 6:00 p.m.
(11) No sign, other than one non-illuminated nameplate, two square feet in area and mounted flat on the front face of the dwelling shall be erected or maintained on the premises.
(12) The Building Commissioner may waive the requirement for public notice and public hearing as set forth in Section 1143.02 for those home occupations determined to not have an adverse impact upon adjacent properties and surrounding areas.
(n) Hospitals/ Hospice.
(1) The minimum lot area shall be five acres.
(2) No structure shall exceed seventy feet in height.
(3) All structures and activity areas, except off-street parking, shall be located no less than one hundred feet from the front lot line and no less than forty feet from all other lot lines. Where the property abuts any residential zoning district or residential land use, the building setback shall be one hundred feet from the residential property line.
(4) Loading and unloading areas shall be a minimum of seventy-five feet from any residential zoning district or residential land use.
(5) The noise level emanating from any hospital use activity shall not exceed 60 dBA CNEL as measured from any property line.
(o) Nursery Schools / Day Care Facilities.
(1) The minimum lot area shall be 10,000 square feet.
(2) No structure shall exceed forty feet in height.
(3) All structures and activity areas, except off-street parking, shall be located no less than fifty feet from the front lot line and no less than forty feet from all other lot lines. Where the property abuts any residential zoning district or residential land use, the building setback shall be seventy-five feet from the residential property line.
(4) Outdoor play areas shall be permitted in the side and rear yards only and shall be enclosed with a fence or wall of a minimum of five feet in height.
(5) Unloading and loading of children from vehicles shall only be permitted within the approved parking area of the facilities. An on-site drop off area sufficient to accommodate four vehicles shall be provided.
(p) Parking Facilities (Surface and Structured Parking).
(1) A surface parking facility or parking structure shall conform to the yard requirements for principal uses in the district in which such parking facility is located, whether such facility is located at grade or provided within a structure of building.
(2) In addition to required yards, twenty-five square feet of landscaping shall be provided for each 400 square feet of surface parking lot land area allocated and shall be located within the boundaries of the parking lot and distributed as evenly as practicable over the entire parking area.
(3) Except for the provisions of divisions (1) and (2) above, the construction, site and use requirements for a parking facility shall conform to the applicable regulations of Chapter 1149 which correspond to the zoning district in which such parking facility is located.
(4) Structured parking standards. These parking garage standards shall apply to both a parking garage facility as a principal use or a facility serving as an accessory use on a lot.
A. If any parking facility is located within a structure, such structure shall be so designed that not more than fifty percent (50%) of any wall surface is open or transparent.
B. Below-grade parking garages are encouraged over above-grade.
C. Above grade parking structures shall meet the applicable architectural standards established for the zoning district.
D. The facades of parking garages that face public streets shall be approved by the Planning Commission and articulated through the use of three or more of the following architectural features to make the parking garage appear similar in character to an occupied building:
1. Windows or window-shaped openings with decorative mesh or similar features;
2. Masonry columns;
3. Decorative wall insets or projections;
4. Awnings;
5. Changes in color or texture of materials;
6. Approved public art;
7. Integrated landscape planters; or
8. Other similar features as approved by the Planning Commission.
E. Vehicle entries to off-street parking garages shall be integrated into the placement and design of adjacent buildings or oriented away from the primary street frontage. At a minimum, parking garages shall have user vehicles access from locations that minimize conflicts with pedestrian circulation.
(q) Public and Quasi-Public Uses. The standards set forth below shall apply to the following public and quasi-public uses: cultural facility, museums, assembly hall, lodge, fraternal organization, cemetery, library and similar public and quasi-public uses.
(1) All structures and activity areas, except off-street parking, shall be located no less than seventy-five feet from all residential zoning districts and residential land uses.
(2) There shall be no more than two ingress/egress drives onto the property. No drive shall exceed thirty-five feet in width.
(3) Lighting, including permitted illuminating signs, shall be arranged so as not to reflect or cause glare that would constitute a nuisance to any abutting residential use or hazard to traffic on any public thoroughfare.
(r) Public Service and Utility Facilities. Public service and utility facilities (publicly or privately owned facilities providing or relating to the furnishing to the public of essential services, including water, sanitary sewer service, storm sewer service, parking facilities, maintenance of parks and other recreational areas and facilities, maintenance of streets, garbage and rubbish removal, electrical, gas and other fuel service, telephone service and transportation service) shall conform to all of the following regulations:
(1) Installation of any such facility at the proposed location shall be necessary for the convenient and efficient operation of the facility or the system in which it is a part.
(2) Storage of materials, inoperative equipment and supplies shall be permitted only within a completely enclosed building.
(3) Each front, side and rear yard shall be at least equivalent to the height of any structure on the premises.
(4) Off-street loading areas shall be provided to meet the reasonably anticipated needs of the facility.
(5) All structures on the premises, and off-street parking and loading areas, shall be designed, erected, landscaped and screened in such a manner as to be unobtrusive and harmonious with the environmental character of the area.
(s) Recreation Areas (Commercial or Private).
(1) No structure shall exceed thirty-five feet in height.
(2) All structures and activity areas, except off-street parking, shall be located no less than seventy-five feet from all lot lines.
(3) There shall be no more than two ingress/egress drives onto the property. No drive shall exceed thirty-five feet in width.
(4) Only retail uses which are customarily accessory or incidental to the main recreational use shall be permitted and shall include such uses as refreshment stands and souvenir stands.
(5) Recreational activity may be conducted indoors or outdoors. The Planning Commission shall have the authority to impose one or more reasonable conditions on any indoor or outdoor based commercial recreation land use to ensure that excessive noise or other potential nuisances do not adversely impact surrounding parcels.
(t) Religious Institutions.
(1) The minimum lot area shall be 30,000 square feet with a minimum lot width of 125 feet.
(2) The main structure of a religious place of worship or any other building shall not exceed forty feet in height with the exception of a steeple or tower design, which may not exceed seventy-five feet in total height.
(3) All structures and activity areas, except off-street parking, shall be located no less than thirty-five feet from all lot lines. Where the property abuts any residential zoning district or residential land use, the building setback shall be one hundred feet from the residential property line.
(4) There shall be no more than two ingress/egress drives onto the property. No drive shall exceed thirty-five feet in width.
(5) Such uses shall be encouraged to locate adjacent to parks and other nonresidential uses such as schools and shopping facilities where use could be made of joint parking facilities.
(u) Secondhand Store. The standards set forth below shall apply to all secondhand stores.
(1) All merchandise receiving, transfer, sorting, repair, refurbishment, processing, and storage shall occur within a completely enclosed principal structure.
(2) No exterior storage or the use of exterior storage containers or semi-trailers for storage shall be allowed upon the site.
(3) Waste and recycling receptacles and equipment shall be completely contained within a principal or accessory structure.
(4) Accessory drive-through or drive-up service lanes leading to and accessing the indoor collection/donation area shall meet the following conditions:
A. No more than one drive-through or drive-up service lane shall be permitted per store and no drive through or drive-up lane shall be permitted within any yard that abuts a public street.
B. Drive-through and drive-up lanes shall be designed in a manner that segregates the drop-off lane from drive lanes, parking spaces, and sidewalks.
C. Automobile stacking shall not interfere with on-site drive lanes, fire lanes, parking stalls, loading areas, access to trash/recycling dumpsters, or sidewalks.
D. Directional signage shall be provided to direct customers to the collection / donation area.
(5) The exterior display of merchandise shall be prohibited.
(6) Each secondhand store use shall be permitted one portable container for donation drop-off. Such drop-off container shall not be placed in any front yard area. The location of the drop-off container shall be approved by the Planning Commission.
(7) Any secondhand store shall be located a minimum of 2,000 feet from another secondhand store as measured from the nearest parcel property line of both establishments.
(v) Medical Marijuana Facilities.
(1) It is the intent of this section to provide appropriate locations and reasonable restrictions for the cultivation and transfer of marijuana allowed by the Ohio Medical Marijuana Control Program. This is a unique land use with ramifications not addressed by more traditional zoning district and home occupation regulations. Although some specific uses of marijuana are allowed by the Ohio Medical Marijuana Control Program, marijuana continues to be classified as a Schedule 1 controlled substance under Federal law making it unlawful under Federal law to use, manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense marijuana.
(2) It is the intent of this section to protect the health, safety, and general welfare of persons and property by limiting land uses related to marijuana to districts that are compatible with such uses. Additional regulations in this section are intended to provide reasonable restrictions within districts so that these uses do not compromise the health, safety, and general welfare of persons in the district, or other uses allowed in each district.
(3) Definitions.
A. The following words and phrases shall have the following definitions when used in this section.
B. Words and phrases contained in the Ohio Medical Marijuana Control Program (“OMMCP”), HB523. This division contains some words and phrases that are defined in the OMMCP. As used in this section, they have the same meaning as provided in the OMMCP, except that if at any time the definition of a word or phrase set forth below conflicts with the definition in the OMMCP, then the definition in the OMMCP shall apply. These words and phrases are as follows:
1. “Department” means the State Department of Commerce.
2. “Marihuana” means that term as defined in Ohio R.C. Chapter 3719.
3. “Medical marijuana” means that term as defined in Ohio R.C. 3796.01.
4. “Primary caregiver” means a person who is at least twenty-one years old and who has agreed to assist with a patient’s medical use of marijuana and who has never been convicted of a felony involving illegal drugs.
5. “Qualifying patient” means a person who has been diagnosed by a physician as having a qualifying medical condition.
(4) Other words and phrases. The words and phrases in this division, as used in this section, shall have the following meanings:
A. “Marijuana” means “marihuana” as used in the OMMCP.
B. “Medical marijuana cultivation facility” means a building or part of a building where marijuana plants are being grown or processed in compliance with the OMMCP, other than a medical marijuana home occupation or a dwelling unit in which marijuana is being cultivated for a qualifying patient who resides in the dwelling unit as permitted under this section.
C. “Medical marijuana dispensary” means a building or part of a building where one or more primary caregivers operate with the intent to transfer marijuana between primary caregivers and/or qualifying patients, other than a medical marijuana home occupation or a dwelling unit in which the transfer of marijuana occurs between a primary caregiver and qualifying patient who resides in the dwelling unit as permitted under this section.
D. “Medical marijuana research and testing facility” means a building or part of a building where a qualified agency conducts research and testing as permitted by OMMCP.
E. “Ohio Medical Marijuana Control Program and OMMCP” mean HB523 of the 131st Ohio General Assembly.
(5) Location requirements. A medical marijuana dispensary or medical marijuana cultivation facility may be located in the City only in accordance with the following restrictions:
A. Medical marijuana dispensaries shall only be located in the GI General Industrial zoning district.
B. Medical marijuana cultivation facilities shall only be located in the GI General Industrial zoning district.
C. Buildings used for medical marijuana dispensaries shall require a conditional use.
D. No medical marijuana dispensary or medical marijuana cultivation facility shall be located within 500 feet of a parcel on which a school, church, public library, public playground, residential use, residential zoning district or public park is located.
E. No medical marijuana dispensary shall be located within 1,000 feet of another legally operating medical marijuana dispensary.
(6) Medical Marijuana Dispensary and Cultivation Facility Regulations.
A. No one under the age of eighteen shall be allowed to enter a medical marijuana dispensary or medical marijuana cultivation facility unless accompanied by a parent or guardian.
B. No smoking, inhalation, or consumption of marijuana shall take place on the premises.
C. Retail sales of products customarily incidental to the principal use shall be allowed provided that the total amount of internal floor area of the structure devoted to sales and display of such products does not exceed ten percent (10%) of the floor area of the total establishment.
D. Drive-in and drive through medical marijuana dispensaries shall be prohibited.
E. All activities of a medical marijuana dispensary or medical marijuana cultivation facility shall be conducted indoors.
F. No equipment or process shall be used in any medical marijuana dispensary or medical marijuana cultivation facility which creates noise, dust, vibration, glare, fumes, odors or electrical interference detectable to the normal senses beyond the property boundary.
G. Medical marijuana dispensaries and medical marijuana cultivation facilities shall comply with all other regulations of the zoning district in which the medical marijuana dispensary or medical marijuana cultivation facility is located, except when they are in conflict, in which case this section shall prevail.
H. Medical marijuana dispensaries and medical marijuana cultivation facilities shall be operated in compliance with the OMMCP.
(7) Home occupations. Medical marijuana home occupations are not permitted in any zoning district.
(8) Medical marijuana research and testing facility regulations.
A. Medical marijuana research and testing facilities shall only be located in the GI General Industrial zoning district.
B. Retail sales are not permitted.
C. Medical marijuana research and testing facilities shall comply with all other regulations of the GI zoning district in which the medical marijuana research and testing facility is located, except when they are in conflict, in which case this section shall prevail.
(w) Microbrewery, Microdistillery, Microwinery or BrewPub.
(1) The production of beverages at a brewpub for on and off premise consumption shall not exceed forty percent (40%) of the total gross floor area. The development must include other uses such as a tasting room, taproom or table service restaurant that entails sixty percent (60%) of the gross floor area.
(2) The production and packaging of beverages at a microbrewery, microdistillery, or microwinery for on and off premise consumption shall not exceed seventy-five percent (75%) of the total gross floor area. The development must include other uses such as a tasting room, taproom or table service restaurant that entails at least twenty-five percent (25%) of gross floor area.
(3) Brewing equipment or storage is permitted on the exterior of the building subject to all applicable outdoor storage standards.
(4) If a tasting room is proposed in the application, the applicant shall submit a development plan drawn to scale, with a building floor plan, showing the size and interior arrangement, also showing off-street parking areas. The following standards shall be satisfied:
A. Beverage tasting shall only be an accessory use to beverage making, bottling or distilling in the same building;
B. Food items may be served however no on site food preparation permitted;
C. Limited “memorabilia” items (i.e., t-shirts, mugs, brewing books, etc.) may be sold; and
D. Designated off-street parking shall be provided at the rate of ten spaces per 1,000 square feet of tasting room area.
(x) Propane Sales, Exchange and Refill. The sale, refilling and/or exchange of end-user propane canisters not exceeding thirty (30) pounds provided a conditional use permit is granted in accordance with the provisions of this Chapter. The following standards shall be satisfied:
(1) The location of the outdoor propane sales/exchange area shall be fixed, and shall not adversely impact the safety of customers as related to pedestrian and vehicular circulation.
(2) The outdoor propane area shall not obstruct egress at doors and exits in the event of fire or other calamity.
(3) Fencing, caging, bollards and/or other structures shall be used to protect the storage area.
(4) The design and color of outdoor propane storage areas shall be sensitive to building architecture and the location of the storage area.
(5) The total propane storage quantity shall not exceed the volumes set out in the Ohio Fire Code.
(6) Tanks may be exchanged, but not filled at the site except in areas zoned General Industrial, provided no part of any fixed tank or appurtenance of a fixed tank is located closer than twenty-five feet to any part of any building or to the property line, whether buildable or not.
(7) All tanks being sold, exchanged or refilled must be undamaged, not dented, not rusted, and in good condition. Tanks for disposal must be safely emptied of their contents and stored in a securely fenced, locked storage area not less than twenty-five feet from any building element, property line or combustible material.
(8) There must be full compliance with all applicable Building Code and Fire Code requirements.
(9) No single tank nor battery of propane tanks shall exceed a total of 2,100 gallons water capacity.
(10) Any material used in the propane area must be of noncombustible composition. Any vertical enclosures surrounding propane storage, exchange or refilling operations must have at least fifty percent (50%) open area to permit air circulation.
(11) Filling or refilling of vehicle fuel tanks permanently affixed to a motor vehicle is not permitted.
(12) Neither self-service propane refilling nor unattended exchange of propane cylinders is permitted.
(13) Bulk propane operations such as the filling of delivery vehicles for propane nor industrial propane cylinder refilling operations nor storage of a quantity of greater than twenty filled or empty cylinders on a single site at a given time are not permitted.
(y) Restaurant (Office Building). A restaurant use may be permitted in an office building located in the O Office zoning district subject to the following standards:
(1) A restaurant may only be located on the first floor of an office building when the building is a minimum of three stories.
(2) No more than two restaurant establishments may occupy the first floor of any office building.
(3) No drive-thru facilities shall be permitted.
(4) The site shall provide for adequate parking for both the restaurant use and the office use.
(5) The restaurant use shall not create excessive operational based impacts such as excessive noise, vibrations, and odors.
(6) The applicant shall submit a final development plan to be incorporated into the conditional use review by the Planning Commission.
A. The applicant shall meet with the Building Commissioner prior to submitting a conditional use application to discuss the specific information from Chapter 1147 and any other relevant zoning code chapters required to be made a part of the application submittal.
(z) Tattoo Parlors and Body Piercing Establishments. Each operator of a business that offers tattooing or body piercing services shall do all of the following:
(1) Maintain procedures for ensuring that the individuals who perform tattooing or body piercing procedures are adequately trained to perform the procedures properly;
(2) With respect to tattooing services, maintain written records that include the color, manufacturer, and lot number of each pigment used for each tattoo performed;
(3) Comply with the safety and sanitation requirements for preventing transmission of infectious diseases, as established in rules adopted under R.C. § 3730.10.
(4) Require the individuals who perform tattooing and body piercing procedures to disinfect and sterilize all invasive equipment or parts of equipment used in performing the procedures by using methods that meet the disinfection and sterilization requirements established in rules adopted under R.C. § 3730.10.
(5) Ensure that weekly tests of the business’s heat sterilization devices are performed to determine whether the devices are functioning properly. In having the devices tested, the operator of the business shall use a biological monitoring system that indicates whether the devices are killing microorganisms. If a test indicates that a device is not functioning properly, the operator shall take immediate remedial action to ensure that heat sterilization is being accomplished. The operator shall maintain documentation that the weekly tests are being performed. To comply with the documentation requirement, the documents must consist of a log that indicates the date on which each test is performed and the name of the person who performed the test or, if a test was conducted by an independent testing entity, a copy of the entity’s testing report. The operator shall maintain records of each test performed for at least two years.
(6) Each operator of a business that offers ear piercing services performed with an ear piercing gun shall require the individuals who perform the ear piercing services to disinfect and sterilize the ear piercing gun by using chemical solutions that meet the disinfection and sterilization requirements established in rules adopted under R.C. § 3730.10.
(7) Hours of operation are restricted to 8:00 a.m. until 9:00 p.m.
(8) As a condition of approval, each operator of a business that offers tattooing or body piercing services shall provide the Planning Commission with evidence documenting the attainment of all required Ohio State Board of Health approvals as required to offer tattooing and body piercing services in the state.
(9) Any tattoo parlor or body piercing establishment shall not be conducted in any zoned residential area, nor shall any such operation be conducted within 1,000 feet of any zoned residential property, any school, public library, church or daycare center.
(10) Any tattoo parlor or body piercing establishment shall not be located closer than 1,000 feet from another tattoo parlor or body piercing establishment.
(aa) College or Technical School.
(1) When a college or technical school land use is proposed for a multi-story building, the college or technical school use shall not occupy more than 25% of the total leaseable space of the building.
(2) When a college or technical school land use is proposed for a single-story building, the college or technical school use shall not occupy more than 10,000 square feet of space within the building.
(3) All active and passive uses associated with a college or technical school use located within the Office zoning district shall be conducted inside the principal building on the property.
(bb) Medical, Dental & Vision Office.
(1) These conditional use requirements apply only to a medical, dental & vision office land use when located in the GI General Industrial zoning district.
(2) A medical, dental & vision office establishment shall occupy no more than 10,000 square feet of space.
(3) All active and passive uses associated with a medical, dental & vision office located within the GI General Industrial zoning district shall be conducted inside the principal building on the property.
(Ord. 2022-24. Passed 5-24-22; Ord. 2023-6. Passed 6-27-23; Ord. 2023-78. Passed 12-12-23; Ord. 2024-48. Passed 9-10-24.)