(a) Purpose and applicability.
(1) This section provides site planning, development, and/or operating standards for certain land uses that are permitted or conditionally permitted in Table 1204-3.
(2) The land uses and activities covered by this section shall comply with the applicable standards for the specific use in all districts unless otherwise specified, in addition to all other applicable provisions of this code.
(b) Agricultural uses.
(1) Agriculture (livestock), riding academies, or stables.
A. The minimum lot area shall be five acres.
B. All structures, pens, or corrals housing animals shall be set back a minimum of 200 feet from an adjoining lot line, except where animals are kept in soundproof air conditioned buildings, in which case the building shall be set back a minimum of 100 feet from an adjoining lot line.
C. Fencing shall be provided to enclose any activities related to livestock, including grazing.
D. Sanitation facilities and/or waste disposal shall be approved by the applicable health department.
(2) Community gardens.
A. Community gardens may be allowed as an accessory use when associated with a public or institutional principal use (e.g., religious place of workshop or educational institution).
B. The owner of the property shall have an established set of operating rules addressing the governance structure of the garden; hours of operation; maintenance and security requirements and responsibilities; and distribution of garden plots.
C. The name and telephone number of the owner and any person designated as the person in-charge of the garden coordination along with a copy of the operating rules shall be kept on file with the Development Code Administrator.
D. The site shall be designed and maintained so that water and fertilizer will not drain onto adjacent properties.
E. There shall be no sales of produce or other goods on the site of the community garden.
F. Benches, bike racks, raised/accessible planting beds, picnic tables, garden art, and rain barrel systems are permitted.
G. Fences and walls shall be subject to the provisions of § 1208.06.
H. The garden shall be maintained so that weeds, grass, or other vegetation does not become overgrown.
(3) Greenhouses and nurseries. Greenhouses and nurseries are permitted in the R-1 District only when associated with an agricultural use.
(c) Residential uses.
(1) Group homes.
A. Where a person may operate a group home, as defined in the Ohio Revised Code, that is of a size that is required to be allowed where single-family dwellings are permitted, such use shall be deemed a permitted use in the R-1, R-2, R-3, R-4, PI, BC-R, BC-F, and UC-S Districts. Such facilities must comply with the site development standards (see § 1204.10) and architectural standards (see § 1210.03) that apply to all single-family dwellings within the applicable district. Such uses shall be permitted with standards as described in § 1204.08(b)(2)B.
B. Where a person may operate a group home, as defined in the Ohio Revised Code, that is of a size that is required to be allowed where multi-family dwellings are permitted, such use shall be deemed a conditional use (see § 1204.08(b)(2)C.) in any PI, BC-R, BC-F, and UC-S Districts. Such facilities must comply with the site development standards (see § 1204.10) and architectural standards (see § 1210.03) that apply to all multi-family dwellings within the applicable district. Furthermore, the facility must comply with all parking, fencing, and sign regulations in the applicable districts.
(2) Transitional housing.
A. No exterior alteration of the structure shall be made which departs from the residential character of the building. All new structures prepared shall be of compatible residential design with the surrounding neighborhood, to the degree possible.
B. In order to prevent the concentration of such facilities, no transitional housing shall be located within 1,500 feet of any other transitional housing or group home. Such distances shall be measured along a straight line from the corner of the building containing one facility to the nearest corner of the building containing the second facility.
C. The facility shall have 24-hours supervision consistent with pertinent supporting agency standards subject to review and final approval by the Planning Commission.
D. Prior to the issuance of a final certificate of occupancy, the operator or agency shall provide evidence that a valid license has been issued or is obtainable for this proposed use on the subject property. If licensing is not available, a verified affidavit so stating shall be presented.
E. Findings by the Planning Commission. In its review of each proposed facility, the Planning Commission shall make specific findings of fact relative to the following criteria. The proposed facility:
1. Is licensed by the appropriate authority to provide such service within the State (and the City). If such licensing is not available, a certified affidavit so stating has been presented to document this statement;
2. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the surrounding uses so that such use will not change the essential character of the same area;
3. Will not be hazardous or disturbing to existing or planned future neighboring uses from the standpoint of noise, lights, congestion or traffic generation which would be incompatible with the neighborhood environment;
4. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;
5. Will not involve uses, activities and conditions of operation that will be detrimental to any persons, property, or the general welfare; and
6. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets.
(3) Skilled nursing or personal care facilities.
A. The principal building shall be set back a minimum of 50 feet from any adjacent residential zoning district or residential lot.
B. All other site development standards of the applicable zoning district shall apply to the site.
C. The density shall not exceed 15 patient rooms per acre.
D. New uses shall be on a lot with primary access on a major arterial, minor arterial, or collector street as established in the Middletown Street Master Plan.
E. Prior to the issuance of a final certificate of occupancy, the operator or agency shall provide evidence that a valid license has been issued or is obtainable for this proposed use on the subject property. If licensing is not available, a verified affidavit so stating shall be presented.
(d) Commercial uses.
(1) Kennels and animal boarding.
A. Care and boarding of animals shall be limited to small animals and may not include cattle, horses, swine, or other similarly sized animals.
B. All activities other than off-street parking and loading/unloading shall be conducted within a fully enclosed structure.
C. Outdoor runs shall be set back a minimum of 250 feet from any residential or office zoning district and shall only be permitted in the side or rear yard.
D. Structures shall be designed and maintained in a manner to prevent the development of unsanitary conditions that could result in unpleasant odor or vermin nuisance.
E. Rooms intended to accommodate animals shall be insulated, or otherwise soundproofed and vented so that animal noises will not be audible at any point on the perimeter of the property.
F. A solid wood fence or masonry wall with a minimum height of six feet shall be constructed where a kennel or animal board facility is located adjacent to a residential zoning district.
(2) Veterinarian offices or animal grooming (no boarding).
A. Care and grooming of animals shall be limited to small animals and may not include cattle, horses, swine, or other similarly sized animals.
B. All activities other than off-street parking and loading/unloading shall be conducted within a fully enclosed structure.
C. Outdoor runs shall be prohibited.
D. Boarding of animals shall be prohibited with the exception that a veterinarian office may have provisions for limited overnight stays necessary for the care of sick or injured animals.
E. Rooms intended for the care or grooming of animals shall be insulated, or otherwise soundproofed and vented so that animal noises will not be audible at any point on the perimeter of the property.
(3) Bars, taverns, and night clubs.
A. The principal building shall be set back a minimum of 35 feet from any adjacent residential lot.
B. New uses shall be set back a minimum of 100 feet from any public or institutional use. Such setback requirement shall not apply to restaurants that have a bar or tavern that comprises less than 50% of the floor area.
C. The maximum building footprint shall be 15,000 square feet in the BC-H Subdistrict.
(4) Restaurants.
A. Restaurants may be conditionally permitted in the PI District if they are associated with an approved public and institutional use.
B. The maximum building footprint shall be 15,000 square feet in the BC-H, BC-O, BC-R, and BC-F Subdistricts.
(5) Restaurants, drive-through.
A. The drive through windows and aisles shall be located to the rear of the building, to the maximum extent feasible.
B. Such uses shall be subject to the drive-through facility standards in § 1206.01.
(6) Microbrewery, microdistillery, or microwinery.
A. A microbrewery, microdistillery, and microwinery shall be allowed in the B-1, B-2, B-3, BC, and UC Districts when the majority of the floor area is dedicated to being used for restaurant service or for the serving of drinks made on site so that the use fits into the retail character of the districts.
B. A microbrewery, microdistillery, and microwinery in the I Districts may include a taproom area to serve customers drinks made on site provided the floor area of the taproom does not exceed 25% of the total footprint of the structure.
(7) Live/work units.
A. The majority of the floor area of the unit shall be designated for the nonresidential use.
B. Any nonresidential use permitted in the applicable zoning district is permitted in the live/work unit.
C. A minimum of 50% of a structure's street front façade, at street level, shall be occupied by nonresidential uses.
D. The unit must be constructed with a complete dwelling unit but residential occupancy of the unit is not required (i.e., the living space could be used as an extension of the nonresidential use area) but where there will be occupancy, the occupant shall be the owner or employee of the nonresidential use.
E. Parking shall be prohibited in front of the building unless located on an approved driveway.
(8) Mixed-use buildings (with residential uses).
A. All dwelling units shall be located above the ground floor.
B. The gross floor area of dwellings shall not exceed the gross floor area of the entire mixed use building in the B-1, B-2, and B-3 Districts.
C. The design shall provide for internal compatibility between the residential and nonresidential uses on the site.
D. The design shall ensure that the residential units have privacy from other uses on the same or adjacent site.
E. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in a location that is convenient for both the residential and nonresidential uses.
F. A mixed-use building shall be designed to provide the residential uses with public or private outdoor space, which may be in the form of open yard areas, roof gardens, individual balconies, or other means acceptable to the Development Code Administrator. The minimum required open space shall be equal to 25% of the gross floor area of all dwelling units.
(9) Business and professional offices. Business and professional offices may be permitted in the PI District if they are associated with an approved public and institutional use.
(10) Medical or dental clinics/offices and 24-hour urgent care.
A. Medical or dental clinics/offices may be permitted in the PI District if they are associated with an approved public and institutional use.
B. Such uses may include accessory services such as laboratories and pharmacies for the use of patients visiting medical practitioners in the clinic.
(11) Recreation facilities (indoors).
A. All activities related to the principal use, except parking, shall be located within an enclosed building.
B. All structures, except fences, shall be set back a minimum of 50 feet from all lot lines and street rights-of-way.
C. Access shall not be provided from a street that primarily serves a residential neighborhood.
D. The maximum building footprint shall be 15,000 square feet in the BC-H Subdistrict.
(12) Recreation facilities (outdoors).
A. All structures, except fences, shall be set back a minimum of 100 feet from all lot lines and street rights-of-way. The Planning Commission shall have the authority to require up to a 1,000 foot setback based on the intensity of the use, the potential noise and traffic, and the overall impact on the surrounding neighborhood.
B. The Planning Commission may require portions of the site with high activity areas to be enclosed by a fence having a minimum height of six feet.
C. New uses shall be on a lot with primary access on a major arterial, minor arterial, or collector street as established in the Middletown Street Master Plan.
(13) Community centers.
A. One community center shall be allowed within an individual subdivision or for a multi-family dwelling development.
B. The community center shall only be for the use of residents and their guests.
(14) Theaters.
A. All buildings shall be set back a minimum of 50 feet from all lot lines except in the UC and BC Districts.
B. New uses shall be on a lot with primary access on a major arterial, minor arterial, or collector street as established in the Middletown Street Master Plan.
C. The maximum building footprint shall be 15,000 square feet in the BC-H Subdistrict.
(15) Funeral homes and mortuaries.
A. All hearses, limousines, and other related business vehicles shall be stored within an enclosed building when not in use.
B. The required number of off-street parking spaces shall be designed in parallel aisles so as to facilitate the structuring of funeral processions that leave from the funeral home site to travel to the cemetery.
(16) Personal service establishments.
A. Up to a maximum of 15% of an office building in the O-1 and O-2 Districts, or a public and institutional use in PI District, may be used for a combination of personal service establishments and/or retail and service commercial uses.
B. Massage therapists must carry a valid license from the State of Ohio and a license issued by the Middletown Police Chief per Chapter 832 of the Codified Ordinances.
C. Personal service establishments shall only be permitted in the PI District if they are associated with an approved public and institutional use.
D. The maximum building footprint shall be 15,000 square feet in the BC-H, BC-O, BC-R, and BC-F Subdistricts.
(17) Retail sales.
A. Up to a maximum of 15% of an office building in the O-1 and O-2 Districts, or a public and institutional use in PI District, may be used for a combination of personal service establishments and/or retail and service commercial uses.
B. Retail and service commercial uses shall only be permitted in the PI District if they are associated with an approved public and institutional use.
C. Up to a maximum of 15% of a building in the I-1 and I-2 Districts may be used for retail and service commercial uses when the goods being sold are manufactured or assembled on site.
D. The maximum building footprint shall be 15,000 square feet in the BC-H, BC-O, BC-R, and BC-F Subdistricts.
(18) Bed and breakfast establishments.
A. The owner of the bed and breakfast establishment shall reside on the property.
B. The establishment shall conform to State health and building code requirements and shall show proof of inspection or proof of proper operating licenses by the State and/or county prior to the issuance of the certificate of occupancy.
C. Only overnight guests shall be served meals unless otherwise authorized as part of the conditional use approval.
D. The facility shall be limited to no more than four guestrooms with a maximum guest capacity as determined by fire and building regulations.
E. No external vending machines shall be allowed.
(19) Automotive sales and leasing.
A. Automotive sales and leasing must be located on lots no smaller than four acres in size, with a minimum lot frontage of 200 feet. If the lot is smaller than these requirements, the use shall require approval of a conditional use application.
B. All outdoor display, storage, and sales facilities must be screened pursuant to § 1216.06.
C. The use shall be located on an arterial street as designated on the Official Thoroughfare Plan.
D. No outdoor loudspeakers shall be permitted between the hours of 8:00 p.m. and 8:00 a.m. when adjacent to a residential district.
E. The use shall meet all State of Ohio requirements. The dealers license must be on display.
F. Automotive sales and leasing must be located on a lot with a permanent principal structure.
(20) Automotive repair (heavy) and towing services.
A. A heavy automotive repair or towing services establishment shall be subject to the same requirements as an automotive service station as established in division (d)(19) of this section.
B. There shall be no wrecking or salvaging of parts from vehicles on the site.
C. The storage of non-operational and/or disassembled vehicles for longer than a 24-hour period shall be permitted if stored in the rear yard and screened by a solid wall or fence with a minimum height of six feet. No such vehicle shall be stored on-site for more than one month.
D. The principal building shall be set back a minimum of 100 feet from any adjacent residential lot. Parking for the storage of vehicles, whether operational or non-operational, shall be set back a minimum of 50 feet from any adjacent residential lot.
(21) Automotive service stations and parts sales and retail fuel sales.
A. Gasoline pumps shall be set back a minimum of 20 feet from all lot lines and 50 feet from all adjacent residential lot lines.
B. Canopies shall be set back a minimum of ten feet from all lot lines and 25 feet from all adjacent residential lot lines.
C. All hydraulic hoists, oil pits, and all lubricants, greasing, vehicle washing and repair equipment shall be enclosed entirely within a building. No outdoor disassembly or repair of motor vehicles shall be permitted.
D. The minimum lot width for uses on an arterial street, as established on the Middletown Street Master Plan, shall be 120 feet. In the case of a corner lot, the minimum lot width shall be 185 feet measured along the arterial street.
E. A solid wood fence or masonry wall at least six feet high shall be provided on any side of the site adjacent to a residential lot.
F. Activities shall be limited to:
1. The sale of fuel;
2. The servicing of motor vehicles with minor repair work;
3. Automatic or hand washing of vehicles within an enclosed building; and
4. The retail sale of vehicle parts and products relating to minor repair work such as, but not limited to, oil, grease, antifreeze, batteries, windshield wipers, etc.
G. Any major repair work, including automobile body repair and painting, automobile glass work, automobile transmission work, automobile engine overhaul and repair, and radiator repair work shall be classified as "automotive repair (heavy)" and shall be subject to division (d)(18) of this section.
H. Vehicles being serviced or awaiting same shall be stored for no longer than 14 days on the site if in unenclosed areas.
I. Any removal of pumps or tanks shall be undertaken in accordance with safe accepted practices as prescribed by the National Fire Protection Association and filling depressions to the grade level of the lot.
J. All areas not paved or covered by the building shall be landscaped.
K. There shall be no more than two driveway openings along any frontage and there shall be a minimum separation of 50 feet between each driveway as measured from the edge of pavement.
L. The storage and disposal of solid waste and recyclable materials, including used or discarded motor vehicle parts or equipment, and fluids, shall comply with all applicable Federal, State, and local requirements.
M. Outdoor solid waste and recyclable storage areas shall be screened in accordance with § 1216.10.
(22) Parking garages.
A. Parking lots and garages shall be subject to the design standards in Chapter 1218: Parking, Access, and Mobility. Parking garages shall also be subject to the standards in this division.
B. Below-grade parking garages are encouraged over above-grade.
C. Above grade are subject to the following architectural standards except if they are not visible from a public right-of-way:
1. Parking garages shall meet the architectural standards established for the applicable zoning district.
2. Parking garages shall be constructed of materials of similar quality to the principal buildings on the site.
3. The façades of parking garages that face public streets and are not occupied by commercial, office, institutional, public uses, or civic uses shall be 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:
a. Windows or window-shaped openings with decorative mesh or similar features as approved by the City;
b. Masonry columns;
c. Decorative wall insets or projections;
d. Awnings;
e. Changes in color or texture of materials;
f. Approved public art;
g. Integrated landscape planters; or
h. Other similar features approved by the City.
D. 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.
(23) Vehicle washing establishments.
A. All structures shall be set back a minimum of 50 feet from any adjacent residential lot line.
B. All washing facilities shall be included entirely within an enclosed building except that entrance and exit doors may be left open during the hours of operation.
C. Vacuuming and/or steam cleaning equipment may be located outside, but shall not be placed in the yard adjoining a residential zoning district. Such areas shall be set back a minimum of 150 feet from any adjacent residential lot line.
D. There shall be an area beyond the exit end of each washing line of at least 500 square feet to allow for the hand finishing and drying of vehicles.
E. All parking areas and access drives shall be subject to the surfacing requirements in § 1218.03(h).
F. Water or residue from the washing process shall not be allowed to drain from the lot or property on which such establishment is located.
G. A solid wood fence or masonry wall at least six feet high shall be provided on any side of the site adjacent to a residential lot.
H. The use shall be subject to the stacking space requirements of § 1218.05.
(e) Industrial uses.
(1) Building materials sales yards and contractor yards.
A. New uses shall be on a lot with primary access on a major or minor arterial as established in the Middletown Street Master Plan.
B. All outdoor storage areas shall comply with the outdoor storage requirements of § 1206.01.
(2) Manufacturing and production with caustic or hazardous materials.
A. As part of any review, the applicant shall provide the City a list of any noxious matter or chemicals used during the manufacturing process and document the safety precautions that will be used to prevent potentially hazardous chemical reactions or contamination.
B. If the applicant can demonstrate that due to the specific types of chemicals, material, or processes, that there is no potential for hazardous reactions or contaminate, the Development Code Administrator shall have the authority to review the use as a "manufacturing and production (indoors)" or as a "manufacturing and production (heavy or outdoors)."
C. All buildings or structures that contain these activities shall be set back a minimum of 600 feet from all residential lot lines and 300 feet from all other adjacent lot lines.
(3) Outdoor storage and sales.
A. Areas devoted to outdoor storage shall be paved with asphalt or concrete and free of dust.
B. In all cases, any areas designated for outdoor storage shall be set back a minimum of 50 feet from any adjacent residential lot.
C. All aspects of outdoor operations shall be enclosed with a solid wall or fence, including solid gates. The wall or fence shall have a height tall enough to conceal all materials therein from the view of any observer standing at the grade level at an abutting residential district line or a public street. However, in no case shall the height of the fence or wall be less than six feet.
D. All materials shall be stored in such a fashion as to be accessible to fire-fighting equipment at all times.
E. Outdoor storage of materials shall not include a junkyard or similar storage.
(4) Junkyard or salvage center.
A. All aspects of the use shall conform to applicable State and Federal regulations.
B. Any buildings or structures associated with the use shall be set back a minimum of 300 feet from the property line of any residential lot or zoning district.
C. Exterior junk piles shall not exceed 15 feet in height and shall be arranged in a manner (with drives for accessibility) for the purposes of fire protection and access.
D. No burning of junk or other materials shall be permitted.
E. The area of the site where junk is stored must be enclosed by a fence with a minimum height of eight feet with the exception of entrances or exits into the area. Such fence shall be designed to completely screen the use and shall be located at the required setback line. Additional screening and buffering may be required as appropriate to minimize impact on adjacent properties.
F. Fluids from damaged or inoperable vehicles leaking automobile fluids shall be contained and subsequently disposed of in accordance with applicable regulations.
G. Any expansion of an existing junkyard or salvage center shall be prohibited unless the entire property is brought into compliance with this section.
(5) Soil and mineral extraction activities.
A. All aspects of the use shall conform to applicable State and Federal regulations.
B. The applicant must demonstrate that such operations will not be detrimental to the vicinity or surrounding properties.
C. All equipment used in these operations shall be constructed, maintained, and operated in such a manner as to eliminate so far as practical, noise, vibration, or dust which would injure or annoy persons living in the vicinity.
D. All structures and activity areas shall be set back a minimum of 100 feet from all lot lines and street rights-of-way.
E. Such uses shall be enclosed by a fence six feet or more in height for the entire periphery of the development. Fences shall be adequate to prevent trespassing and shall be placed no closer than 50 feet to the top or bottom of any slope. No sand or gravel shall be removed or stored or overburden stored within 100 feet of any lot line not owned or controlled by the operator of said business or his or her agent nor shall such mineral extraction business be conducted closer to any lot line or street so that the area contiguous or adjacent thereto does not have adequate lateral support.
F. All work conducted in connection with such operations shall be done between the hours of 7:30 a.m. and 9:00 p.m.
G. No rehabilitated slope shall exceed an angle of 45 degrees.
H. All equipment and structures shall be removed from the mined area when all mining has been completed.
I. Truck routes shall be established for movement in and out of the development in such a way that it will minimize the wear on public streets and prevent hazards and damage to other properties in the community.
(6) Self-storage facilities.
A. No storage structure shall exceed 15 feet in height.
B. All storage buildings shall be set back a minimum of 100 feet from any adjacent residential lot line and 20 feet from all other lot lines.
C. The storage area shall be completely enclosed by walls, fences or buildings, or a combination thereof. All walls and fences shall conform to § 1208.06.
D. Outdoor storage may be permitted provided it complies with § 1206.01.
E. No gasoline or other motor vehicle fuel pumps or tanks shall be permitted on the premises.
F. There shall be no retail sales on the property with the exception that the owner or their designee may hold an auction on the site up to four times a year for the purpose of selling goods stored in units.
(f) Public and institutional uses.
(1) Active recreational facilities.
A. All ball fields, playgrounds, and other areas of the park where there is significant activity and potential noise shall be set back a minimum of 100 feet from all adjacent residential lot lines.
B. Only retail uses which are customarily accessory or incidental to the main recreational use shall be permitted and shall include such uses as souvenir stands and concession stands.
(2) Utility structures.
A. To the maximum extent feasible, utility structures shall be located in the rear or side yards.
B. If the applicant demonstrates to the Development Code Administrator that the utility structure can only be located in a front yard, the structure shall be landscaped in a manner that will allow access to the unit but otherwise buffer the view of the structure. The applicant shall be required to provide a landscaping plan as part of the subject application.
(3) Wireless telecommunication facilities.
A. General provisions.
1. Wireless telecommunication facilities will be allowed in the City in accordance with this code and with the applicable review by the Development Code Administrator or Planning Commission, as applicable.
2. In general, new wireless telecommunication towers will be reviewed as a conditional use in most nonresidential districts as identified in Table 1204-3.
3. The attachment of antennas to existing structures or as a co-location on an existing tower is encouraged and is either reviewed as a permitted use with standards or a conditional use as identified in Table 1204-3.
4. The applicant will hold the City harmless against all claims, demands, suits, causes of action and judgments due to any damage caused by the operation or construction of the facility.
5. The applicant shall be required to provide proof that the proposal has been approved by all applicable agencies including, but not limited to, the Ohio Department of Transportation, the Federal Aviation Administration, the Federal Communications Commission or the successors to their respective functions.
6. All towers, antennas, structures, and equipment associated with the wireless telecommunication shall be removed within six months of ceasing operations. If not removed, they shall be subject to abatement by the City as a nuisance.
7. Municipal utility towers shall not be subject to this section.
8. Amateur radio towers shall not be subject to this section but shall be subject to the accessory use regulations of § 1206.01.
9. Wireless telecommunication towers cannot be exempted from the requirements of this code as essential services (see § 1202.05(b)).
B. Application timing.
1. An application for a wireless telecommunication facility shall be reviewed by the Development Code Administrator for completeness and if the application is incomplete, the Administrator shall notify the applicant within 30 days of the filing of the application with the City of the deficiencies which make the application incomplete.
2. A final decision on an application for a collocation on an existing tower or structure shall be made by the applicable City decision maker within 90 days of a complete application therefor being submitted to the City.
3. A final decision on an application for a new facility shall be made by the applicable City decision maker within 150 days of a complete application therefor being submitted to the City.
4. Final decisions by the City decision maker shall be provided to the applicant in writing and any denial of an application or any approval with conditions shall be supported by substantial evidence in writing (if the denial and reasons are not in the same document, both must be provided to the applicant at the same time).
5. Upon a supplement to the original application in division (f)(3)B.1. above, the Development Code Administrator shall have ten days to notify the applicant of a failure to provide the information identified in the original notice delineating the deficiencies in the original application. Any subsequent deficiencies in the application shall also be subject to this same review and notification process and time deadlines.
C. Development standards for new towers.
1. To avoid the construction of a new tower, the applicant shall list the location of every tower, building, and structure, within the area where the new tower is to be located, that could support the proposed telecommunication antenna. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building, or structure irrespective of the City, township and county jurisdictional boundaries. If another telecommunication tower is technically suitable, the applicant must show that an offer was made to co-locate an antenna on that tower and that the offer was not accepted. The applicant shall provide documentation containing a list of the telecommunication facility site locations and owners of telecommunication towers, buildings and structures which were contacted, the date of such contact, any offers of reciprocal rights to install antennas on the applicant's locations, and the reason why the proposed antennas cannot be located on the existing structures.
2. New towers in residential zoning districts. New towers shall only be considered for conditional use review in a residential zoning district if such tower is to be placed on publicly owned land in such district, in accordance with the following standards:
a. The publicly-owned property must be leased from the City, county, State or other public entity at the discretion of the City.
b. The publicly-owned property must be a minimum of four acres in area.
c. The maximum height of any tower in such area shall not exceed 150 feet.
d. No tower shall be located within 150 feet of a public street or property line abutting a residential district. If the property line abuts a commercial or industrial district, the setback for such property line shall be reduced to 50 feet.
e. All design standards for new towers in this division (f)(3)C. shall apply.
3. Towers shall be of the free-standing lattice or monopole type.
4. All towers must be in conformity with clear zones around any airport.
5. Telecommunication towers in nonresidential districts shall be set back to establish a clear zone for falling tower debris, ice and/or the collapse of the tower. Towers over 75 feet tall shall be set back from any adjoining property and from any public or private street a distance equal to their height, measured from the base of the tower to the top of the tower.
6. Towers which cannot satisfy this 100% setback requirement may be approved, provided that the applicant presents a certificate from a structural engineer registered in the State of Ohio stating that the tower will withstand a sustained wind velocity based on the requirement of the Ohio Building Code.
7. Telecommunication towers shall be set back a minimum of 500 feet from any residential district if located in the O-1 or O-2 District or 300 feet in all other nonresidential districts where it is allowed as a conditional use.
8. Equipment shelters and other accessory facilities shall comply with any setback requirements in the applicable zoning district.
9. The equipment shelters and other accessory facilities shall be screened with a minimum six-foot high solid fence or barrier and continuous evergreen hedge, and all such screening shall be located behind the appropriate setback lines for the district in which such structures and equipment are located.
10. Lights, beacons or strobes shall not be permitted on any tower, antenna equipment, or structures, unless required by the Federal Aviation Administration. Any lighting attached to the equipment shelter or other building shall not be mounted above 15 feet, as measured from the grade at the base of the structure. Such lighting shall be subject to § 1208.04.
11. The entire facility shall, to the maximum extent feasible, be designed to minimize the visual impact of the facility through the use of stealth design and colors that will blend in with the context (e.g., sky, trees, etc.). The Planning Commission shall give special attention to areas of architectural or historical significance in the approval of a telecommunication facility.
12. A wireless telecommunication tower may be approved where there is already an existing principal use, regardless if it is associated with the wireless telecommunication provided, subject to the following additional conditions:
a. The existing use on the property is a permitted use in the district. The wireless telecommunication facility shall not infringe upon the required parking access and yard requirements, easements, drainageways, and basin of the main structure and/or site.
b. Service access to the equipment shelter shall, whenever feasible, be provided along existing circulation of the existing use of vehicular areas, which can be roadways, parking areas and driveways.
c. The tower shall comply with all setback and height requirements of this division.
13. No new telecommunication tower shall be constructed in the City unless such tower is capable of accommodating at least two additional wireless telecommunication antenna owned by another person or business.
D. Development standards for the attachment of antenna to existing towers or structures. Wireless telecommunication antennas attached to existing nonresidential buildings are permitted with the issuance of a certificate of zoning compliance when such antenna are in compliance with the following standards.
1. The wireless telecommunication antenna shall not exceed more than 25% of the height of structure where the antenna is to be attached, above the structure or building to which it is attached, as measured from the top of the roofline of the structure or building.
2. If the applicant proposes to locate the wireless telecommunication accessory facilities/structures or equipment in a separate equipment shelter, the equipment shelter shall comply with equipment shelter requirements applied to new towers in division (f)(3)C. of this section
3. Vehicular access to the accessory facilities/structures or equipment shelter shall not interfere with the parking or vehicular circulation on the site for the principal use, and the access path shall be paved with asphalt or concrete.
4. The applicant shall supply written authorization from the property owner where the antenna will be located, agreeing to the location of such antenna.
(4) Cemeteries.
A. The minimum lot area shall be ten acres.
B. Offices, crematoriums, mausoleums, and other buildings or structures necessary to the operation of a cemetery shall be permitted as accessory uses to a cemetery.
C. All buildings and structures shall be set back a minimum of 50 feet from all lot lines. Burial plots, markers, and similar structures that have a height of less than 15 feet shall only have to be set back a minimum of five feet from all lot lines.
D. Mausoleums or crematoriums shall be set back a minimum of 200 feet from all lot lines.
(5) Cultural facilities and religious places of worship.
A. All buildings shall be set back a minimum of 25 feet from all lot lines except in the UC District.
B. New uses shall be on a lot with primary access on a major arterial, minor arterial, or collector street, as established in the Middletown Street Master Plan.
(6) Educational institutions (K-12).
A. All buildings shall be set back a minimum of 50 feet from all lot lines.
B. New uses shall be on a lot with primary access on a major arterial, minor arterial, or collector street as established in the Middletown Street Master Plan.
(7) Fraternal, charitable, and service oriented clubs. Accessory uses necessary to the operation of such use, such as clubhouses, restaurants, bars, swimming pools and similar activities, shall be permitted if they comply with the applicable standards however, such uses where the conduct of business is the principal activity, shall be prohibited.
(8) Nursery schools or day care centers (children or adults).
A. All outdoor play areas shall be enclosed by a fence or wall with a minimum height of five feet. If the lot abuts a lot that is in a residential zoning district, the fence or wall shall be a minimum of six feet tall with a continuous evergreen screen adjacent to the residentially zoned lot.
B. An on-site drop-off area shall be provided at the main entrance to the facility sufficient to accommodate four automobiles for facilities with 20 or fewer children or adults plus one additional vehicle for each additional ten children or adults served.
C. Use of outdoor play areas shall be limited to between the hours of 8:00 a.m. and 8:00 p.m.
D. The Development Code Administrator has the power to require additional fencing, screening and/or other measures deemed necessary to protect the health, safety and welfare of children using day care centers in commercial, industrial, or other high hazard areas, or to deny a request to locate a facility in such areas based on health and safety considerations.
(Ord. O2018-02, passed 2-20-2018; Am. Ord. O2018-44, passed 8-7-2018; Am. Ord. O2020-47, passed 10-6-2020; Am. Ord. O2022-80, passed 10-4-2022)