Following is a list of specific requirements for special and permitted uses as specified in the respective district regulations contained within Title Five of this Zoning Code. These requirements shall be used in conjunction with other standards as are required in the respective zoning district in which the special use is proposed. In the event of conflicting provisions, the special use requirement shall prevail. (Ord. 1413-01. Passed 7-26-01.)
(a) Sexually Oriented Business.
(1) No Sexually Oriented Business shall be established within 1,000 feet of any area zoned for or used as a residential use.
(2) No Sexually Oriented Business shall be established within a radius of 1,000 feet of any licensed day care center, school, library or teaching facility, whether public or private, governmental or commercial, which day care center, school, library or teaching facility is attended by persons under eighteen (18) years of age.
(3) No Sexually Oriented Business shall be established within a radius of 1,000 feet of any park or recreational facility attended by persons under eighteen (18) years of age.
(4) No Sexually Oriented Business shall be established within a radius of 1,000 feet of any other Sexually Oriented Business or within a radius of 1,000 feet of any two (2) of the following establishments (or of any one establishment which contains any two of the following activities):
A. Establishments that have been issued a permit from the Ohio Department of Liquor Control to sell alcoholic beverages on the premises of such business establishment;
B. Pawn shops;
C. Pool or billiard halls;
D. Pinball palaces, halls or arcades; or
E. Dance halls or discotheques;
F. Video arcades or establishments known by other descriptions but which provide video game and/or other games or entertainment attended or participated in by persons under eighteen (18) years of age.
(5) No Sexually Oriented Business shall be established within a radius of 1,000 feet of any church, synagogue or permanently established place of religious services which is attended by persons under eighteen (18) years of age.
(6) Advertisements, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other areas public or semi-private.
(7) All building openings, entries, windows, etc., for adult uses shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semi-public areas. Exterior lighting shall be designed and installed in such a manner as to prevent light bleeding onto adjacent properties.
(8) No employees of the subject establishment shall conduct themselves outside the confines of the structure in such attire and/or by actions, in a manner distracting, distasteful and/or detrimental to adjacent business interests, residents or passers-by.
(9) No screens, loudspeakers or sound equipment shall be used for adult motion picture theaters, enclosed or drive-in, that can be seen or discerned by the public from public or semi-public areas.
(10) Any Sexually Oriented Business approved under the provisions of this chapter shall also comply with the provisions of Chapter 734 “Licensing and Operation of Sexually Oriented Businesses”.
(11) For the purposes of this section, distances shall be measured from the property line of any lot or parcel of land which includes, or which is operated or used in connection with, a building in which a Sexually Oriented Business is located or in which any activity described or referred to in this section is located.
(12) In granting any such special use, City Council may prescribe any conditions that it deems necessary in the public interest. However, no special use shall be approved by Council unless it finds that the use for which such approval is sought, is not likely to be dangerous or detrimental to nearby properties, that the use shall not be contrary to any program of conservation or improvement, either residential or nonresidential or be contrary to the public safety, morals and general welfare of the City.
(Ord. 1538-04. Passed 7-22-04.)
(b) Animal Hospitals. Veterinary Clinics and Kennels.
(1) Principal permitted uses:
A. The care of ill and/or household animals;
B. The overnight boarding of ill and/or injured household animals; and
C. The sale of goods used in the care of household animals.
(2) Care and boarding shall be limited to small animals and may not include cattle, horses or swine.
(3) All activities other than off-street parking and loading/unloading shall be conducted within a fully enclosed structure. Outside runs shall be permitted only in a Business District where they shall be at least 200 feet from any lot in a Residential District.
(4) Structures shall be designed and maintained in a manner to prevent the development of unsanitary conditions which could result in unpleasant odor or vermin nuisance.
(5) Rooms intended to accommodate animals shall be insulated, or otherwise soundproofed and vented so that animal noises shall not be audible at any point on the perimeter of the property.
(6) A solid wood fence or masonry wall six (6) feet high shall be constructed where an animal hospital, veterinary clinic or kennel is located adjacent to a Residential District.
(c) Body Shop.
(1) Any building used for service and repair work shall be located a minimum of fifty (50) feet from any adjacent residential property.
(2) Entrances and exits shall be screened by six (6) foot high gates which have a minimal of eighty percent (80%) opacity.
(3) Such entrance gates shall be set back a minimum of fifty (50) feet from the right of way of the adjacent thoroughfare to facilitate turning movements into the facility.
(4) Unsafe storage of waste or hazardous material that creates a pollution threat or a fire hazard, or is an attraction to rodents or insects, is not permitted.
(5) The height of the stored materials may not exceed the height of the screening;
(6) A solid wood fence, louvered fence, masonry wall, solidly constructed decorative fence or any combination of which has eighty percent (80%) opacity shall be provided along the perimeter of any outdoor storage area unless entirely screened visually by an intervening structure or existing conforming buffer from an abutting property;
(7) Exterior lighting shall be directed inward and away from abutting properties.
(8) All outdoor storage area shall be placed to the rear of the property.
(9) All vehicles which are awaiting repair or estimating of repair services shall be placed within a screened area within two (2) hours of delivery to the site.
(d) Condominium.
(1) The minimum land area per family or family unit shall be 2,000 square feet.
(2) The minimum yard area per family or family unit, which shall include parking squares and driveways, shall be 1,000 square feet.
(3) The minimum living area of the living unit, if one (1) story, shall be 450 square feet, and if more than one (1) story shall be 800 square feet.
(4) The minimum distance between any building and the established or proposed right of way as shown on the City's Official Thoroughfare Plan shall be twenty-five (25) feet and no parking shall be permitted closer than ten (10) feet to such right of way.
(5) The minimum distance between any building and the perimeter of the residential development plan area shall be ten (10) feet, and no parking shall be permitted within this area.
(6) The minimum distance between any two (2) buildings shall be the height of the higher building, but in no case shall be less than twenty-five (25) feet.
(7) The minimum width of any automobile driveway shall be twenty (20) feet.
(8) The minimum number of parking spaces shall be one and one-half (1.5) per family unit and shall be off-street parking.
(9) Subdivision. Unless there is to be created public roads within the proposed development plan, the land need not be platted and individual lots need not be created as provided in Ohio R.C. Chapter 711. Utility easements to be owned and maintained by the City or Council shall be created by separate grants of easements. Any roadway or other utility easements along the perimeter of the property and necessary for the development of the land will be dedicated by the developer.
(e) Telecommunications: Commercial Mobile Radio, Television, Radio Service and Personal Wireless Service Facilities.
(1) Co-location. Carriers shall be required to construct new telecommunication mounts to accommodate at least one (1) future carrier antenna. Towers seventy-five (75) feet and below shall be designed to support one (1) or more carrier antennas. Towers greater than seventy-five (75) feet in height shall be designed to support two (2) or more carrier antennas. Towers one hundred fifty (150) feet and above shall be designed to support three (3) or more carrier antennas. If these scenarios are not feasible the carrier shall provide the City with an inventory of existing telecommunication facilities with one-half (1/2) mile of the proposed site for the purpose of co-location with an existing carrier. If it is not feasible to locate within one-half (1/2) mile radius, the carrier shall exhibit through technical means this inability.
(2) The City shall require use of underground equipment vaults for storage of equipment cabinets.
(3) Set backs. There shall be established a set back which shall surround the perimeter of mount equal to the mount’s full height from any commuter and arterial street per the City’s Thoroughfare Plan. Towers shall be subject to the underlying zoning district in which they are located in regards to minimum yard requirements. Mounts, except micro antenna mounts, shall be set back a minimum of the mount’s full height from any residential structure.
(4) Abandonment. Carrier shall contact the City annually in writing to report on issues such as maintenance of the facility and continuing operation of the facility. Facilities whose operation has ceased for a period of twelve (12) months shall be removed unless the carrier communicates in writing that the facility will be reutilized. Per such notification, a fee for each additional week over said reutilization shall be assessed the carrier by the City.
(5) Aesthetics. The facility and all elements thereof shall be aesthetically and architecturally compatible with its surroundings. Artificial and/or natural means of disguise shall be utilized in order to conceal facilities which are intrusive. Techniques for this include, but are not limited to tree buffers, seclusion behind billboards, hidden in structures, disguise as natural environment feature, etc.
(6) Technical and environmental standards. Carriers shall express in writing from a professional engineering that their facility(s) meet all technical and environmental standards, such as RF health hazards as structural integrity, from the Federal Aviation Administration (FAA), Federal Communication Commission (FCC), Ohio Department of Transportation (ODOT), Ohio Environmental Protection Agency (OEPA) or other governmental agencies with jurisdiction.
(7) Storage. Vehicles, supplies, or equipment related to the operation of the facility shall not be stored on the facility site except in the M-1 and M-2 zoning districts.
(8) Illumination and design. Lights, strobes, beacons, illuminations, paintings, or signage on tower shall be prohibited unless required by the FAA or other governmental agency for general public safety. Towers and equipment cabinets shall be painted in a gray/neutral tone. Access ways shall be of minimal paving standards such as a paved asphalt drive, grass pavers, etc. Parking shall be limited to one (1) space per carrier.
(Ord. 1413-01. Passed 7-26-01.)
(f) Temporary and/or Outdoor Sales of Plants and Garden Supplies.
(1) Such uses shall not be placed within the street right of way, within an interior drive, or in a location which shall interfere with vehicle sight distance.
(2) Placement of the use shall not result in the reduction of the number of parking spaces required to serve the principal use(s) on the site.
(3) The subject use shall be maintained in good order and appearance.
(4) Signage shall be controlled by the provisions of the specific zoning district in which located.
(5) A specific schedule of operation shall be filed and approved as part of the submitted application for special use.
(Ord. 1203-97. Passed 7-10-97.)
(g) Cemeteries.
(1) For the purposes of this Chapter, a cemetery use shall be the creation or use of any grave or burial plot or the construction and/or use of a mausoleum.
(2) No cemetery use shall occur closer than fifty (50) feet to any adjacent residential property or to the public right-of-way as measured from the adjacent property or right-of-way line to the closest point of the excavated grave or mausoleum structure.
(3) Tracts or parcels of real property used for the establishment of cemeteries must be at least ten (10) acres in size or greater. The property may consist of a single parcel or multiple contiguous parcels.
(4) Expansions of existing cemeteries are exempt from the minimum size requirement set forth in subsection (g)(3), provided that a non-complying cemetery may only expand onto contiguous parcels that will be combined with and incorporate into the existing cemetery.
(5) Special Use approval shall be required under this Chapter for the creation of a new cemetery and the expansion of an existing cemetery, regardless of whether the existing cemetery was established prior to the effective date of this subsection.
(6) Applicants for Special Use approval under this section (g) shall submit a site plan and lot map for the cemetery area for which approval is sought. Said site plan and lot map shall indicate the number and placement of graves, access roads or driveways within the site and distances to contiguous properties and right-of-way to confirm compliance with subsection (g)(2).
(Ord. 1802-11. Passed 5-26-11.)
(Ord. 1802-11. Passed 5-26-11.)
(h) Special Uses - Outdoor Entertainment.
(1) Special Use approval is required for any property on which the owner or tenant (with the owner's permission) intends to hold three or more events featuring outdoor entertainment over the course of a 12-month period.
(2) As part of the special use application, the applicant must submit the following:
A. Information on the style or nature of events to be held, including examples of typical performers at such events,
B. Schedule of events
C. Site plan that shows seating, parking, and access accommodations for performers, audience, and emergency vehicles
(3) Applicant must control and monitor noise
(4) Applicant must maintain safe access to and from the event, and must coordinate same with the police division
(5) Applicant must obtain a Special Event Permit no fewer than 14 calendar days prior to the event
(6) Special Use approval is not required if the following criteria are met:
A. The event is held by the owner or the tenant of a property (with the owner's permission)
B. The event is held on a not-for-profit basis; in other words, no tickets are sold and no promotion of the event to the general public takes place. Events need not be conducted by or on behalf of charitable organizations to meet this requirement
C. The owner or tenant has not already held two such events in the preceding 12-month period
(7) Events exempted from Special Use approval under Section 1117.05(h)(6) must still comply with the requirements of the Special Event Permit process. No event may be held if a Special Event Permit is not approved 14 days prior to the start of the event.
(8) Special Use approval is not required for Special Events or Outdoor Entertainment which is sponsored by the City of Moraine and conducted on City owned property.
(Ord. 1808-11. Passed 8-25-11.)
(i) Special Uses in Any Commercial or Industrial District Not Previously Listed.
(1) The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its size, layout and its relation to street giving access to it shall be such that vehicular traffic to and from the use shall not be more hazardous than the normal traffic of the district, both at the time and as the same may be expected to increase with increasing development of the City taking into account prevailing shopping habits, convenience of access by perspective patrons, the physical and economic relationships of one (1) type of use to another, and characteristic groupings of uses in a commercial or industrial district.
(Ord. 1203-97. Passed 7-10-97.)