(a) In granting any conditional use, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this Ordinance.
(Ord. 92-150. Passed 12-7-92; Ord. 13-150. Passed 1-9-14.)
(b) A conditional use certificate for a temporary building shall not exceed eighteen months. One renewal request may be granted for a period not to exceed twelve additional
months after expiration of the initial conditional use permit.
(c) No Adult Entertainment Business shall be established within:
(1) 660 feet of another such business; or
(2) 1,320 feet of any church, public or private preschool, elementary, middle, or secondary school, park, playground; or
(3) 800 feet of any areas zoned for residential use. Distances shall be measured as the shortest straight line distance between the nearest lot lines.
(d) Amusement Arcades shall be subject to the following specific conditions:
(1) Amusement arcades shall have an adult who is eighteen (18) years of age or over on the premises and supervising the amusement arcade at all times during its hours of operation.
(2) Amusement arcades shall have necessary security personnel as required by the appropriate law enforcement agency to police the interior and exterior of the premises.
(3) The interior of the amusement arcades shall provide minimum area per coin-operated amusement device equal to the size of the device plus one and a half (1-1/2) feet of area on each side plus an area of four (4) feet in front of the device.
(4) Prior to the issuance of a conditional use permit the applicant shall provide evidence that the structure meets the minimum requirements of the appropriate electrical code.
(5) Prior to the issuance of a conditional use permit an exterior lighting plan, if such facility is a free standing building, shall be approved.
(6) No person under the age of twelve (12) years shall at any time be permitted on the premises of any amusement arcade unless accompanied by an adult.
(7) It shall be the obligation of the amusement arcade operator to maintain peace and quiet in and about the premises. Failure to maintain the peace and quiet shall constitute a nuisance which shall be subject to revocation of the conditional use permit.
(Ord. 92-150. Passed 12-7-92.)
(Ord. 92-150. Passed 12-7-92.)
(e) Community-Based Residential Social Services Facilities (Category A, Category B, Category C and Category D) shall be subject to the following specific conditions:
(1) Applicants must show that the proposed facility will require no special off-street parking facilities, and will generate no traffic unreasonable greater in volume or different in nature than what otherwise normally occurs in the neighborhood in which it is located. One off-street parking space per tenant shall be provided.
(2) Such facilities shall be reasonably accessible, by reason of location or transportation provided by the applicant, to necessary medical, psychiatric, recreational, and/or other services required by the residents.
(3) The exterior of all such facilities shall be compatible with other residential dwellings in the immediate neighborhood and shall maintain the same degree of compatibility. An improvement required by Code of applicable licensing requirement shall not be deemed incompatible because surrounding buildings lack such facilities.
(4) No signs shall be erected by such facility for purposes of identification of this facility except for street address identification.
(5) Such facilities in single-family residential structures shall utilize no more than thirty-five percent (35%) of the net floor area of the living quarters for sleeping area. Such facilities in multi-family residential structures shall utilize no more than forty-five percent (45%) of the net floor area of the living quarters for a sleeping area. The sleeping area in single- family and multi-family residential structure shall exclude halls, corridors, stairways, closets, bathrooms and all other areas not used for sleeping.
(6) For purposes of this Section, the "net floor area of the living quarters" includes the entire gross floor area of the principle structure on the lot, except for halls, corridors, stairways, closets, and all other areas used primarily for heating, plumbing, or air conditioning equipment, and storage of property, (including vehicles).
(7) The maximum number of unrelated persons that may occupy any such facility shall be limited to the number of bedrooms located in the dwelling unit. For purposes of this Section, each "bedroom" shall meet the following minimum requirements:
A. Have a full bathroom directly attached or abut a hallway leading to a full bathroom on the same floor that is accessible without passing through another room;
B. Be a minimum of eighty (80) square feet in area with no dimension being less than eight (8) feet;
C. Contain a built-in closet; and
D. Have a minimum of two (2) means of egress.
For purposes of this Section, a "full bathroom" shall mean a bathroom with a toilet, sink, shower and/or bathtub. Bedrooms in basements or otherwise below grade are prohibited in all categories of Community Based Residential Social Service Facilities.
(8) If the residents of the facility require care and attention of a caregiver who must be on-site on a twenty-four hour basis, the number of bedrooms in the facility must include a separate bedroom to house such caregiver, regardless of the number of persons being cared for in the facility.
(9) The facility shall not contain any culinary facilities (such as cooking units, stoves, hot plates, toasters, microwave ovens, dish and pot cleaning equipment or sinks, dishwashers, food preservation equipment, refrigerators, freezers, or waste disposal equipment) other than that contained within the facility's kitchen area.
(10) Prior to the Conditional Use Permit Hearing, the Applicant shall submit the plans for the facility to the Village's Fire Prevention Officer, and shall present to the Planning Commission the Fire Prevention Officer's approval of those plans at the hearing.
(11) If licensure of the facility is required, the Applicant shall present evidence of any such license to the Planning Commission at the Conditional Use Permit hearing.
(12) If the Planning Commission issues a Conditional Use Permit ("CUP"), that CUP shall be conditioned upon the facility first passing an inspection, conducted by the Village Zoning Inspector, documenting that the facility meets all conditions specified by the CUP. The Zoning Inspector shall not issue the final CUP or any Occupancy Permit for the facility unless and until all such conditions have been met and verified.
(13) The Zoning Inspector shall inspect the facility every twelve (12) months following the issuance of the Conditional Use Permit to verify that all conditions required by the CUP continue to be met. Failure by the owner or occupants of the premises to reasonably cooperate in such inspections, or failure of the facility to continue to comply with conditions specified by the CUP, shall be grounds for revocation of the CUP. (Ord. 21-122. Passed 6-18-21.)
(f) Service station storage of wrecked or inoperable vehicles shall be stored or screened from public view.
(g) Carnivals shall be subject to the following specific conditions:
(1) No conditional use permit for a carnival shall be issued for a period exceeding fourteen days.
(2) Any conditional use permit for a carnival shall state the maximum number of amusement rides, the maximum number of carnival games and the maximum number of concessions allowed.
(3) The conditional use permit shall establish the operating hours of the carnival. Such operating hours shall not extend beyond 11:00 p.m. Sunday through Thursday or beyond midnight on Friday or Saturday.
(4) The organization sponsoring the carnival shall obtain a liability insurance policy, with liability limits of not less than two million dollars ($2,000,000) and shall have the Village named as an additional insured on the policy. A document evidencing this insurance and the Village's status as an additional insured shall be presented to the Village Administrator prior to the time any amusement ride, carnival game or food concession is erected. Failure to timely provide such insurance and evidence thereof shall automatically result in the revocation of the conditional use permit.
(Ord. 92-150. Passed 12-7-92.)
(5) The Planning Commission may require the sponsor of the carnival to pay the Village for any additional costs to be incurred by the Village as a result of the carnival. (Ord. 08-118. Passed 9-4-08.)
(6) The sponsor of the carnival shall coordinate all activities of the carnival with the Mayor, the Village Administrator and the Village Chief of Police.
(7) The sponsor of the carnival shall comply with all other provisions of the Codified Ordinances and State law including, but not limited to, requirements regarding licensing and inspection of amusement rides and carnival games and the obtaining of permits for food concessions.
(8) Violation of the Codified Ordinances or of State law shall be grounds for automatic revocation of the conditional use permit.
(Ord. 92-150. Passed 12-7-92. )
(h) Youth Recreation Centers shall be subject to the following conditions:
(1) A Youth Recreation Center shall have an adult who is twenty-one years of age or older on the premises and supervising the recreation center at all times during its hours of operation.
(2) Each Youth Recreation Center shall employ any necessary security personnel, as determined, in his discretion, by the Village Police Chief, to supervise the interior and exterior of the premises.
(Ord. 93-103. Passed 3-1-93.)
(3) Before the Planning Commission may issue any conditional use permit for a Youth Recreation Center, the applicant shall provide evidence demonstrating that the structure meets the minimum requirements of the appropriate electrical and building codes.
(Ord. 13-150. Passed 1-9-14.)
(4) No person under the age of twelve years shall at any time be permitted on the premises of any Youth Recreation Center unless accompanied by an adult. (Ord. 93-103. Passed 3-1-93.)
(5) The Planning Commission may prescribe further conditions and safeguards for any Youth Recreation Center, including days and hours of operation, parking requirements, exterior lighting requirements and any other matters deemed appropriate by the Planning Commission.
(Ord. 08-118. Passed 9-4-08.)
(6) It shall be the obligation of the Youth Recreation Center operator to maintain peace and quiet in and immediately outside the premises. Failure to maintain the peace and quiet shall constitute a nuisance which may result in revocation of the conditional use permit.
(Ord. 93-103. Passed 3-1-93.)
(7) In issuing a permit for a Youth Recreation Center, the Planning Commission may (but is not required to) limit the duration of the permit to a period of one year, after which time the conditional use permit shall expire unless the permit holder first obtains an extension of the permit from the Planning Commission and complies with all other requirements of this section.
(Ord. 08-118. Passed 9-4-08.)
(i) Indoor Archery Ranges shall be subject to the following conditions:
(1) Activities shall be limited to use of the facility for archery target practice. No sales of any merchandise shall occur within the Indoor Archery Range.
(2) The Indoor Archery Range shall be limited to a maximum of 20 targets (which may include “video” targets) and which shall be placed in a manner which ensures the safety of all customers and employees. All targets shall be supplied by the owner of the Indoor Archery Range.
(3) Beverage or food sales shall be permitted only as specifically authorized in the conditional use permit.
(4) Sales or rentals of equipment or merchandise shall be permitted only as specifically authorized in the conditional use permit.
(5) The Indoor Archery Range shall have an adult who is 21 years of age or older on the premises and supervising the facility at all times during its hours of operation.
(6) Before a conditional use permit is issued, the applicant shall provide evidence demonstrating that the structure meets the minimum requirements of the appropriate electrical and building codes.
(Ord. 96-179. Passed 1-2-97.)
(7) The Planning Commission may prescribe further conditions and safeguards, including days and hours of operation, parking requirements, exterior lighting requirements, and any other matters deemed appropriate by the Planning Commission.
(Ord. 08-118. Passed 9-4-08.)
(8) It shall be the obligation of the Indoor Archery Range operator to maintain peace and quiet in and immediately outside the premises. Failure to maintain the peace and quiet shall constitute a nuisance which may result in revocation of the conditional use permit.
(Ord. 96-179. Passed 1-2-97.)
(j) Computerized Internet Sweepstakes Café shall be subject to the following conditions:
(1) The Planning Commission shall consider the impact that the use will have on the adjacent properties, such as lighting, noise, signs, traffic parking.
(2) All activities associated with the use shall be conducted in an enclosed building.
(3) The area of the premises upon which the Computerized Internet Sweepstakes Café is operated shall comply with the Codified Ordinances of the Village of Middlefield’s regualtions of computerized internet sweepstakes cafes.
(4) All computerized sweepstakes devices on the premises shall be identified in the application by a manufacturer and serial number and listed in the approved zoning certificate.
(5) A. The premises shall be located more than 250 feet from a church, a public or private school, public park or playground, child care center or neighborhood center. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure where a computerized internet sweepstakes café is conducted to the nearest property line of the premises of a church, a public or private school, social services facility or neighborhood center, or to the nearest boundary of a public park or playground.
B. The use shall be located more than 300 feet from the closest boundary of a residential district within the Village, the lot line of a residential use or any structure that contains a residence, or the closest boundary of a residential district or use in a political subdivision abutting the Village. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure where a computerized internet sweepstakes café is conducted to the nearest property line of a residential use or lot which contains a residence, or to the nearest boundary of a residential district.
C. The proposed use shall be located more than 1,000 feet from another licensed computerized internet sweepstakes café. The distance shall be measured in a straight line, without regard to intervening structures or objects, from the closest external wall of the building or structure in which each computerized internet sweepstakes café is located.
(Ord. 11-107. Passed 5-12-11.)
(Ord. 11-107. Passed 5-12-11.)
(k) If the Planning Commission affirmatively determines that a use authorized as a permitted use in the Central Business District under Section 1153.05(a) meets the requirements of Section 1135.03 the Planning Commission may grant a conditional use permit authorizing such use at a specific location in the I-O Industrial Office District, subject to the following conditions: (Ord. 08-118. Passed 9-4-08.)
(1) Before a conditional use permit is issued, the applicant shall provide evidence demonstrating that the structure meets the minimum requirements of the appropriate electrical and building codes.
(Ord. 96-157. Passed 11-21-96.)
(2) The Planning Commission shall consider and may prescribe further conditions and safeguards, including days and hours of operation, parking requirements, exterior lighting requirements, and any other matters deemed appropriate by the Planning Commission.
(Ord. 08-118. Passed 9-4-08.)
(3) In the event that the proposed conditional use involves construction of any structure or alteration to any structure, such conditional use shall not be authorized unless and until the applicant has undergone site plan review as provided by Section 1140.06 and the applicant has agreed to comply with the site plan recommendations of the Planning Commission.
(Ord. 96-157. Passed 11-21-96.)
(k) Wall Mural Signs and Wall Murals shall be subject to the following conditions:
(1) Wall Mural Signs shall be permitted only in cases where innovative design is demonstrated, as determined by the Board.
(2) Materials used for the sign shall be of such a nature as to insure durability and easy repair/maintenance of the Wall Mural Sign.
(3) Wall Mural Signs shall be permitted only where the sign will serve to improve the aesthetics of the building face on which the sign is located, and of the general area in which the building is located.
(4) The owner of the building on which the wall mural sign is painted or applied shall be responsible for maintaining the appearance of the wall mural sign.
(5) Failure of the building owner to maintain the wall mural sign shall be grounds for revocation of the Conditional Use permit.
(l) The Planning Commission, in its discretion, may allow a specific Temporary Seasonal Use as a Conditional Use in the GC General Commercial zoning district, subject to the following conditions:
(1) The Conditional Use Permit shall specify the location of the Temporary Seasonal Use, and shall describe with specificity the size and location of all structures to be used.
(2) The Conditional Use Permit shall specify the parking to be utilized by the Temporary Seasonal Use.
(3) The application for a Temporary Seasonal Use permit shall provide information regarding the existing parking and its compliance with current zoning ordinances, and shall identify how much of that parking, if any, is to be converted to the Temporary Seasonal Use. In the event that insufficient parking will exist for the Temporary Seasonal Use and any other uses on the lot, the Planning Commission shall consider whether to grant a temporary parking variance for the duration of the Temporary Seasonal Use.
(4) The Conditional Use Permit shall specify the method for obtaining sewer and water service and any required public utilities.
(5) The Conditional Use Permit shall specify and provide for the location of public restrooms to be used by the Temporary Seasonal Use.
(6) The Conditional Use Permit shall specify the safety measures to be required to protect the Temporary Seasonal Use for foreseeable conditions due to high winds and/or inclement weather.
(7) The Conditional Use Permit shall specify and limit the hours of operation of the Temporary Seasonal Use.
(8) The application for the Temporary Seasonal Use shall be considered by the Planning Commission only if the applicant first provides written consent from the owner of the real estate upon which the proposed use is to be located.
(9) The Conditional Use Permit shall specify the date by which the Temporary Seasonal Use is to be discontinued and the property returned to the condition that existed prior to the commencement of that use. The Planning Commission may specify the type and amount of any security to be posted by the applicant for the cost of removal and restoration.
(10) Planning Commission shall be empowered to impose additional conditions to be specified subsequent to the issuance of the Conditional Use Permit by the Zoning Inspector, with approval of the Village Administrator.
(11) The Conditional Use Permit shall be subject to all such other appropriate conditions imposed by the Planning Commission.
(Ord. 14-131. Passed 10-2-14.)