In addition to the general standards of § 155.103 applicable to all conditional uses, additional requirements may be applicable to specific conditional uses and shall be satisfied in order to obtain approval. Conditional uses for which added requirements apply are:
(A) Commercial.
(1) Drive-through businesses, excluding restaurants.
(a) The drive-up or drive-through facility must be attached to a building; except that an automated teller machine may be in a stand-alone structure with a canopy or similar roof to protect users from the elements.
(b) The facility shall be screened from any adjacent residential district or use and lighting shall be limited and fully shielded to prevent glare and light trespass.
(c) Drive-through and stacking lanes and parking lot access shall be clearly identified and delineated.
(d) A drive-through shall have an escape lane to allow a vehicle to pass those waiting to be served.
(e) All drive-through service windows shall be located on the side or rear of the building to minimize visibility from any abutting street.
(f) Amplified speakers and sound equipment shall be located at least 50 feet from any adjoining residential property. Additional landscaping and fencing shall be installed between such equipment and the adjoining residential property to minimize associated noise impacts.
(g) At least three stacking spaces shall be provided per each drive through lane.
(2) Mortuaries and funeral homes.
(a) Lighting for parking areas or outdoor activity areas shall be shielded to prevent light from spilling onto any residential district or use.
(b) Minimum lot area shall be one acre and minimum lot width shall be 150 feet.
(c) An off-street vehicle assembly area shall be provided to be used in support of funeral processions and activities. This area shall be in addition to the required off-street parking and its related maneuvering area.
(d) Access driveways shall be located no less than 100 feet from the centerline of the intersection of any street or other driveway.
(3) Retail of 10,000 square feet or more.
(a) The building and site design shall be compatible with and complementary to the established character of the district with respect to scale, height, bulk, setbacks, building materials and pedestrian and bicycle transportation amenities.
(b) Off-street parking areas shall be designed to minimize their visibility and obtrusiveness from the adjacent street(s).
(c) No new driveways or other means of vehicular access shall be permitted on Hamilton Avenue between Hastings and Stevens Streets.
(B) Industrial.
(1) Chemical manufacturing and storage.
(a) As part of the conditional use application, the applicant shall provide documentation, reports, studies and other materials required by the city specifying the materials to be handled, safety measures, existing soil conditions, methods of protecting groundwater and all other information required by the city in the course of reviewing the proposed use and its location.
(b) The facility shall at all times operate according to all applicable local, Hamilton County, State of Ohio and federal regulations.
(c) Adequate safety measures shall be implemented and in use at all times.
(d) There shall be no storage of hazardous materials outdoors, except in tanks or containers designed for that purpose that are inaccessible to anyone not authorized to process or handle such materials, and that meet all applicable safety regulations.
(e) The applicant shall provide a disaster mitigation plan and fire pre-plan, approved by the appropriate authorities, as part of the application for a conditional use.
(f) Truck routes to and from the facility shall be subject to approval.
(2) Conditional uses in the G Zoning District. No zoning certificates shall be issued for any conditional use in this unless a development plan is approved by the Planning Commission. The plan shall include the following detailed specifications:
(a) Building location, circulation and parking, lighting, storm water drainage and detention, sediment control, public utilities, and other such information as required to conduct a plan review.
(b) The best practical means known for the abatement of obnoxious or offensive odor, dust, smoke, gas, noise, vibration or similar nuisance shall be employed.
(c) The Planning Commission may make reasonable additional requirements as to landscaping, lighting, signing, screening, access-ways, building setbacks and pollution controls to project adjacent property.
(d) If regulated by other specifications of § 155.108, those requirements shall also apply.
(C) Public/quasi-public.
(1) Churches, places of worship, schools (elementary, middle and high).
(a) The use shall have frontage on and direct access to an arterial or collector street. Secondary access to a local street may be permitted if the applicant provides evidence satisfactory to the Planning Commission that the added traffic will not have a negative impact on the surrounding neighborhood.
(b) All outdoor activity, parking areas and recreational space shall be screened from adjacent property in any residential district.
(c) Exterior lighting shall be 90° style cut-off fixtures, directed away from adjacent property and the public right-of-way.
(d) Parking areas shall not be located within the required front setback area and the building setback shall be consistent with the established average setback of adjacent properties, as provided in § 155.092(A).
(e) In the CBD Zoning District:
1. Purpose and intent. Consistent with the vision and goals of the Comprehensive Plan, limited conditional use approval of churches and similar places of religious assembly would provide places of destination and offer complementary uses to the CBD District. Consideration should be given to the CBD District as a whole, and approvals should be proportioned to allow a larger percentage of commercial uses overall.
2. Development standards. Development in the CBD District shall be consistent with Subchapter 155.03, Purpose and Intent with guidance as needed from the Comprehensive Plan. The following standards and criteria shall be considered as part of the approval process:
a. Front, side, and rear yard setbacks for building and parking shall comply with the regulations established in § 155.033.
b. Height and coverage (density) shall comply with the regulations established in § 155.033.
c. Conditional use approvals for churches and similar places of religious assembly shall not exceed 7% of total land area in the district, either for single or multiple sites. Once approvals are granted that total 7% of total land area in the district, no more approvals for churches and similar places of religious assembly shall be granted. The CBD District contains approximately 28 acres. Seven percent equals approximately two acres.
(D) Recreation/food/entertainment.
(1) Mobile vending (food trucks).
(a) Permit. Application for a mobile vending permit shall be made to the Zoning Administrator, together with payment of such fee as may be established by City Council.
(b) Mobile vending shall be tied to an event and shall not operate longer than 90 days over the course of the calendar year unless a conditional use approval is granted. If the Zoning Administrator determines that any mobile vending is operating on site in violation of this section the Zoning Administrator shall refer the matter to the Planning Commission for a conditional use hearing in accordance with the procedures of this chapter.
(c) Food trucks may be permitted to operate within the CBD, E and F Zoning Districts.
(d) The food truck shall be located only within an approved off-street parking lot; provided, the food truck shall not displace any required parking spaces.
(e) The food truck shall not be located closer than ten feet to any driveway.
(f) Outdoor seating may be permitted; provided, written permission is obtained from the property owner and the seating area does not displace any required parking spaces.
(g) Amplified sound and freestanding signs shall not be permitted.
(h) The food truck shall be stationary at all times when open for business.
(i) The owner or an employee shall be present within the vehicle at all times while open for business.
(j) Access to restroom facilities must be available.
(k) The owner or operator of the food truck shall provide trash receptacles, other than public receptacles.
(l) All equipment, other than outdoor seating, shall be inside, attached to or within three feet of the food truck.
(m) Evidence of Hamilton County Health Department approval shall be provided.
(n) Disposal of wastewater shall be into the sanitary sewer system. The use of storm drains or any other form of discharge is prohibited.
(o) The conditional use approval shall be reviewed annually by the City Manager to ensure compliance with all standards of this section and any other conditions that may have been imposed upon the original approval.
(2) Internet sweepstakes cafe.
(a) A license shall be obtained in accordance with City Ordinance 2011-12.
(b) An internet sweepstakes cafe shall be located no closer than 500 feet from any school, church, public park, library or other internet sweepstakes cafe, as measured from nearest property line to nearest property line.
(c) Hours of operation shall be limited to 9:00 a.m. to 11:00 p.m., Monday through Saturday.
(3) Outdoor commercial recreation.
(a) The front, side and rear yard minimum setbacks shall be 50 feet for all buildings and outdoor components of the recreational facility.
(b) The parking setback shall be 20 feet from lot lines in the front, side and rear yards in
non-residential zoning districts and 50 feet from lot lines in residential districts.
(c) Building design and materials shall be compatible with the existing or intended character of the surrounding area.
(d) An operations plan describing the nature of the use, hours of operation, etc. shall be provided.
(e) The Planning Commission may also establish conditions to minimize negative impacts on nearby uses and traffic operations along public streets, such as, but not limited to hours of operation, noise buffering and location of waste receptacles.
(4) Restaurants, drive-through.
(a) Sufficient vehicular stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. A minimum of eight stacking spaces for each service ordering station shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation, parking spaces and egress from the property by vehicles not using the drive-through portion of the facility.
(b) A minimum of two parking spaces shall be provided in close proximity to the exit of the drive-through portion of the operation, to allow for customers waiting for delivery of orders.
(c) Public access to the site shall be located at least 100 feet from any intersection or other driveway on the same side of the street, as measured from the nearest right-of-way line to the nearest edge of the access.
(d) Internal circulation and access to egress from the site shall not substantially impair the movement of other modes of transportation, such as bicycles and pedestrians, to and through the site.
(e) Amplified speakers and sound equipment shall be located at least 50 feet from any adjoining residential property. Additional landscaping and fencing shall be installed between such equipment and the adjoining residential property to minimize associated noise impacts. Noise levels must comply with the city noise ordinance (Chapter 132.4).
(5) Sexually oriented business. Sexually oriented businesses should comply with Chapter 119 of the City of Mt. Healthy Code of Ordinances in addition to the following regulations:
(a) The proposed use shall not be closer than 1,000 feet from a residential district or public use such as a school or church.
(b) All activity shall be totally enclosed.
(c) Signage for the proposed use shall not contain any adult messages or images.
(6) Offices in D Zoning Districts.
(a) Purpose and intent. Offices, as restricted in § 155.092(D) may be allowed by conditional use permit in the D Multi-Family District where such use is not prohibited or restricted by conditions adopted by ordinance or specific developments. The intent is to allow businesses with minimal pedestrian or vehicular traffic and those which otherwise have low impact on nearby residential uses.
(b) Development standards. The city shall not approve requests for a conditional use permit for offices that do not substantially meet the following development standards:
1. Developments shall be located on streets having a significant amount of through traffic or on a corner lot.
2. Developments shall be in close proximity to, or affected by, an existing or imminent commercial, office or non-profit facility, including churches and schools, or adjacent to multiple family residential buildings having more than three dwelling units.
3. Developments shall preserve the architecture of existing buildings where practical and appropriate and shall in all cases have a residential appearance.
4. The development shall not have an adverse impact, either by size or location, on single-family residential districts in the immediate vicinity.
5. The conduct of business shall cease from 10:00 p.m. to 7:00 a.m. and all lighting including sign lighting shall cease during the same time period, except that minimal security lighting may be provided.
6. Lighting shall be down-directed and shall not extend into any adjacent residential property.
7. Parking shall be provided as required by Subchapter 155.11. Parking in the required front yard area shall be limited to a maximum of one parking space, with the balance of the required parking spaces confined to the rear and side yards or in approved off-site locations.
8. No drive-up windows shall be permitted.
(c) Office restrictions. Offices that may be permitted by conditional use permit in the D Multi-Family District shall be restricted to include only:
1. Those businesses where no product is stored or available for sale, rent, returned for service or exchange on the premises, except where sale, rent or exchange of such product constitutes less than 5% of gross revenue for the business. The sale of produce delivered from or picked up at other locations is permitted.
2. Services shall not include the production or repair of any goods or products on-site except as an incidental use to a permitted business, and such repair or production shall not exceed 5% of gross revenue.
3. There shall be no service performed upon the client except those related to a state regulated medical or counseling profession.
4. All conduct of business, goods, and equipment shall be within a completely enclosed building, and there shall be no emission of noxious odor, vibration or nuisances caused by the conduct of such business.
5. Conditionally permitted office uses shall include, but not limited to: architect, dentist, doctor, engineer, insurance agent, lawyer, minister of religion, and real estate agent or broker.
6. The following uses are specifically prohibited: barber shops, beauty shops, banks, mortgage companies, and financial institutions.
(E) Residential.
(1) Accessory dwelling units.
(a) An accessory dwelling unit may be located within a principal single-family detached dwelling or a detached accessory building on the same lot as a principal dwelling.
(b) The accessory dwelling unit shall share all public utilities (water/sewer/electric) with the principal dwelling unit. Accessory dwelling units will not be separately metered.
(c) A minimum of one off-street parking space shall be provided on the lot for the accessory dwelling unit in addition to the off-street parking spaces required for the principal dwelling unit.
(d) The accessory dwelling unit shall be limited in size to a maximum of 50% of the total living area of the principal dwelling or 750 square feet, whichever is less.
(e) The accessory dwelling shall contain a living area, one bath and a kitchenette (including a refrigerator, microwave oven, stove and sink) and may contain no more than one bedroom.
(f) No more than two adults shall occupy the accessory dwelling unit.
(g) No new access points or driveways shall be created or installed for access to the accessory dwelling unit.
(2) Bed and breakfasts.
(a) A bed and breakfast shall not provide more than six guest rooms plus a common area for use by all guests.
(b) A bed and breakfast establishment shall be located only in a detached single-family dwelling, designed and constructed for single-family use, which shall contain at least 1,500 square feet of useable floor area. For each guest room in excess of two, an additional 100 square feet of floor area shall be required.
(c) The bed and breakfast shall be the principal residence of the owner or manager, who shall reside there when the bed and breakfast is in operation.
(d) Meals shall be limited to breakfast and evening snack, and shall be served only to guests of the facility and members and guests of the owner's family.
(e) There shall be at least one off-street parking space provided for each guest room, in addition to the parking spaces required to serve the principal residence.
(f) One sign, not exceeding four square feet, shall be allowed for identification purposes only and shall either be mounted on the front wall of the dwelling or placed within the front yard no closer than ten feet to the front lot line. Sign lighting shall be indirect and shielded from view off site. Internally lighted signs are not permitted.
(g) Cooking facilities shall not be permitted in bed and breakfast guest rooms.
(h) Exterior refuse storage facilities shall be screened from view on all sides by a six foot solid decorative fence, wall, vegetation or similar visual barrier.
(i) In addition to the site plan required by this chapter, a floor plan of the dwelling unit and the use of each room shall be submitted with the conditional use application.
(3) Boarding houses.
(a) The boarding house shall front on and have direct access to an arterial or collector street.
(b) A maximum of ten guest rooms may be permitted.
(c) Off-street parking shall be provided at a ratio of one space per guest room. The parking area shall be located in the rear yard and screened from adjoining properties.
(d) One sign, not exceeding four square feet, shall be allowed for identification purposes only and shall either be mounted on the front wall of the dwelling or placed within the front yard no closer than ten feet to the front lot line. Sign lighting shall be indirect and shielded from view off site. Internally lighted signs are not permitted.
(4) Home occupation.
(a) Permit. Application for a home occupation permit shall be made to the Zoning Administrator, together with payment of such fee as may be established by City Council. The requirement for a permit shall be waived if all of the following conditions apply to the home occupation: the proposed home occupation will not employ any persons other than residents of the dwelling; the home occupation is such that it will not significantly generate customers, clients or visitors to the home; there will be no sign on the property identifying the home occupation and all other provisions of this section shall be met.
(b) If the Zoning Administrator cannot determine if the home occupation conditional use requirements are met, in his or her sole discretion the Zoning Administrator may refer the matter to the Planning Commission for a conditional use hearing in accordance with the procedures of this chapter.
(c) The use shall be conducted entirely within the dwelling, with the following exception(s):
1. The use may be conducted entirely within a garage or accessory building unattached to the dwelling in property zoned A or B as long as the use is not prohibited in a planned unit development, recorded deed restrictions or other similar applicable recorded restrictions upon the parcel.
2. Any dwelling, garage or accessory building used in the home occupation shall comply with all other applicable city ordinances and requirements and shall not be nonconforming with respect to lot, width and dimensional requirements.
(d) The use shall be carried on only by the residents of the dwelling and not more than one other person or multiple employees that constitute a full-time equivalent.
(e) The use of the dwelling for a home occupation must be clearly accessory, incidental and subordinate to the permitted principal residential use, and shall not utilize more than 25% of the usable floor area of the principal dwelling or its equivalent if conducted within an accessory building, or 250 square feet 1 , whichever is less.
(f) The appearance of the dwelling shall not be altered, nor shall the occupation within the dwelling be conducted in any manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or the emission of sounds, vibrations or light that carry beyond the premises.
(g) No outdoor storage, activities or displays shall be permitted.
(h) No combustible, toxic or hazardous materials may be used or stored on the premises, except in a safe manner and in full compliance with all federal, state and other governmental requirements concerning the use, handling, transport, storage and disposal of any such materials.
(i) There shall be no activity that would interfere with radio or television transmission in the area, nor shall there be any offensive noise, vibrations, smoke, dust, odors, heat or glare noticeable at or beyond the property line. The use shall not create a nuisance for the public and any surrounding property.
(j) Traffic generated by the combined home and home occupation shall be compatible with traffic normally expected in a residential district. Vehicles used in the home occupation or making deliveries shall be no larger than utility vehicles commonly used for noncommercial purposes, i.e., pick-up trucks, vans, panel trucks and the like and parcel package delivery trucks.
(k) The home occupation shall not entail more than eight client visits per day or 40 per week. The operator of the home occupation is responsible for maintaining a log of such visits.
(l) Retail sales of items in connection with a home occupation that are produced or processed on or off the premises, which are accessory to the main residential use, which shall only be conducted wholly within enclosed buildings, and which sales and/or storage does not occupy more than 25% of a detached accessory building.
(m) Parking of motor vehicles shall be limited to one vehicle used for the home occupation per parcel. Parking generated by the conduct of the home occupation shall be provided for on the lot's driveway, which shall meet the minimum size requirements for off-street parking set forth in Subchapter 155.11. Parking of motor vehicles generated by the home occupation are not allowed on the street or on any unpaved area of the lot.
(n) In the event any of the above conditions or other conditions required by the Planning Commission are not met, the revocation process as set forth in § 155.106 shall take place.
(5) Group care homes.
(a) Purpose and intent. It is the purpose of this section to regulate the location, operation, and maintenance of group care homes in order to promote the public health, safety and welfare. It is the intent of this section to provide for the assimilation of group care homes in stable and suitable neighborhoods so that the living environments of their residents are conducive to their rehabilitation.
(b) Development standards. No group care home shall be established, operated or maintained on any premises unless authorized by the issuance of a conditional use permit in accordance with the provisions of this chapter, except as provided in division (E)(5)(c) of this section. In addition to said provisions, group care homes shall comply with the following development standards:
1. Evidence is presented that the proposed facility meets the certification, licensing, or approval requirements of the appropriate state or local agency;
2. Evidence is presented that the proposed facility meets local fire safety requirements for the proposed use and level of occupancy;
3. Evidence is presented that the proposed facility will not generate an unreasonable increase in traffic volume;
4. Such facilities shall comply with the district regulations applicable to other properties in the zoning district in which they are located;
5. No such facility may be located within a 1,200 foot radius of another such facility;
6. No signs shall be erected by such facility for purposes of identification except a permitted street address sign;
7. The exterior of all such facilities shall not be altered in character but shall be compatible with other residential dwellings. However, any improvement required by code or necessitated by licensing requirements shall not be deemed incompatible.
8. The applicant shall provide a plan indicating the manner in which the facility will maintain contact with neighborhood residents, to include a structured procedure whereby their grievances may be filed and resolved.
9. The applicant shall provide documentation indicating the need for the facility, the specific clientele it will serve, and the location and type of similar facilities operated by the applicant.
10. The minimum lot area shall be 15,000 square feet.
11. A conditional use shall be granted for a specific type of group home. The type of home shall be defined as the specific nature of the condition being treated or rehabilitated. Any change in the type of home shall require a new conditional use.
(c) Exception Category I. Group care homes, Category I, as defined in this chapter with five or less residents shall be allowed as a permitted use in the D, H, E, E-1, F and G Districts when the Planning Commission determines the applicant, upon submittal of documentation, meets the development standards as described above in (E)(5)(b) of this section.
(d) Zoning of group care homes Category I and II. Group care homes as defined in this chapter shall be permitted as follows:
All counts do not include resident administrators.
Definition. GROUP CARE HOME shall mean any community residential facility which provides residential care and rehabilitative or habilitative services. There are two categories of group care homes:
1. Group care homes, Category I. Any state, federal or locally approved dwelling or place used as a foster home for children or adults or as a home for the care or rehabilitation of dependent or pre-delinquent children, the physically ill or infirm, abused or battered children, or adults, the physically handicapped or disabled, those with developmental disabilities, or similar groups whose residents do not require constant supervision or treatment. Group care homes, Category I, is designed to provide living accommodations as a primary use, where medical or psychiatric care is provided therein no more than on an occasional basis. The term does not include a nursing home, boarding home, or group care home, Category II.
2. Group care home, Category II. Any state, federal, or locally approved dwelling or place used as a home for juvenile offenders; a halfway house providing residential care or rehabilitation for adult offenders in lieu of institutional sentencing; a halfway house providing residence for persons leaving correctional and psychiatric institutions; and residential rehabilitation centers for alcohol and drug users. Detoxification shall be expressly prohibited in residential rehabilitation centers.
(6) Short-term rentals.
(a) Permit. Upon approval of the conditional use, the owner shall submit to the Zoning Administrator the name and emergency contact information for the owner or property manager who can be contacted and will respond within a reasonable time period to any complaints, violations, emergencies or other concerns related to the short-term rental property or tenants.
(b) Location. The Planning Commission shall consider the proposed location relative to its proximity to other such uses in the vicinity in order to avoid an undue concentration that could have a negative effect on the surrounding neighborhood.
(c) Maximum occupancy. The maximum number of tenants permitted shall be determined by applicable health department requirements.
(d) Storage. The location shall not be rented for the purposes of storage.
(7) Townhomes.
(a) Provided they are compatible in size and scale with the character of the area or neighborhood.
(b) All single-family residential attached dwellings shall not exceed three stories and 35 feet in height, shall not exceed a density of 14 dwelling units per net acre, and shall comply with all other requirements of this zone.
(c) A development plan, as regulated by Subchapter 155.13, shall be required. Each residence shall be on a separately deeded lot not less than 2,500 square feet for interior units, and 3,500 square feet for end units. Interior units may have "zero" side yard setbacks. Exterior units shall comply with the required side yard setbacks contained in this section. No more than two interior adjacent units may be located in each grouping. The minimum lot width for interior single-family residential attached units shall be 25 feet.
(8) Group day care.
(a) The Planning Commission shall consider the proposed location relative to its proximity to other such uses in the vicinity in order to avoid an undue concentration that could have a negative effect on the surrounding neighborhood.
1. Shall be located on an arterial or collector street.
2. A traffic circulation plan shall be submitted for review by the Planning Commission.
3. Parking shall be required in compliance with Subchapter 155.11.
(b) The Planning Commission shall also consider the hours of operation and capacity of the proposed use.
(c) The site shall have adequate fencing and protected access as determined by the city.
(d) The applicant must present state certification to the Planning Commission at the time of application.
(F) Storage and distribution.
(1) Cartage, express and parcel delivery facilities, freight terminals, warehousing and storage.
(a) The site shall have a minimum area of ten acres, provided the Planning Commission, may reduce the site area to no less than five acres where it is demonstrated to its satisfaction that the truck terminal operation will be compatible with other surrounding uses.
(b) All ingress and egress from the site shall be directly onto an arterial street.
(c) The site shall be designed so all vehicles are able to enter and leave the site without having to back-out onto the street. Driveways shall be curbed for their full length in the front yard.
(d) The Planning Commission shall determine that traffic will be no more hazardous nor the volume of traffic any greater than the capacity for the street involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and adequacy of intersections. All access to the site shall be from arterial streets built to a standard to accommodate heavy trucks.
(2) Mini-warehouse and self-storage facilities.
(a) The minimum size of the site shall be not less than two acres.
(b) All ingress and egress from the site shall be directly onto an arterial or collector street.
(c) No storage of combustible or flammable liquids, combustible fibers, or explosive materials, as defined in the fire prevention code, or toxic materials, shall be permitted within the self-storage buildings or upon the premises. However, storage of recreational vehicles containing fuel and other automotive fluids is permitted.
(d) The use of the premises shall be limited to storage of personal items and business items
and shall not be used for operating any other business, maintaining or repairing vehicles or for any recreational activity or hobby.
(e) Limited retail sales of products and supplies incidental to the principal use, such as packing materials, packing labels, tape, rope, protective covers, locks and chains shall be permitted.
(f) All yards abutting a street shall be screened from view in accordance with the requirements of § 155.142(B).
(g) A security manager may be permitted to reside on the premises. A minimum of two parking spaces shall be provided for the dwelling unit.
(G) Utility.
(1) Wireless communication facilities.
(a) Required approvals. The placement of wireless communications facilities and towers shall meet the following approval requirements:
1. Installation of new antenna. The installation of new antenna(s) on existing towers, including legal non-conforming towers, and existing alternative structures (such as water towers, buildings, or church steeples) may be approved by the Zoning Administrator subject to all requirements of this section. Any new antenna that will add either 10% or 20 feet, whichever is less, above the highest point of any existing tower or alternative structure shall be subject to the provisions of this chapter for the installation of new towers as described below.
2. Installation of new accessory structures. The installation of new accessory structure(s), such as equipment buildings, to support the installation of additional antennas on existing towers or alternative structures may be approved by the Zoning Administrator.
(b) Removal. Any tower unused or left abandoned for 12 consecutive months shall be removed by the property owner at his/her expense. Regardless of the tower ownership, the property owner shall be responsible for removal. Upon the request of the Zoning Administrator, the operator of any facility to which this provision applies shall provide documentation of the use of that facility for the purpose of verifying any abandonment.
(c) Interference with public safety facilities. No new wireless communications facilities or tower shall result in any interference with public safety telecommunications.
(d) Required documentation for all facilities. In addition to the requirements provided in this chapter for the receipt of conditional use approval, applications for new towers, new antenna, and new related facilities shall include the following: Where the equipment is mounted on an existing building, the comparable information for that structure shall be provided.
1. Engineer's report. A report from a professional engineer licensed in the State of Ohio that:
a. Describes the height and design of any new tower and/or antenna including a cross-section, latitude, longitude, and elevation;
b. Describes or updates (in the case of new antenna) the tower's capacity, including the type and number of antennae it can accommodate;
c. Certifies compliance of the construction specifications with all applicable building codes (including but not limited to the foundation for the tower, anchors for the guy wires if used, co-location, and strength requirements for natural forces: ice, wind, earth movements, etc.);
d. Certifies that the facility will not interfere with established public safety telecommunication facilities; and
e. Includes the engineer's seal and registration number.
2. Letter of intent. A letter of intent committing the tower owner, property owner, antenna owners, and their successors to allow the shared use of the tower.
3. Proof of compliance. Copies of any required approvals from the Federal Communications Commission (FCC), Federal Aviation Administration (FAA) and all other appropriate state and federal agencies.
4. Removal affidavit. A letter committing all parties, including the property owner and his/her successors, to remove the tower and all related accessory structures, fences, landscaping, and equipment if the tower is abandoned (unused for a period of 12 consecutive months). The removal affidavit shall be recorded in Hamilton County, with a copy of the recorded affidavit provided to the Zoning Administrator.
(e) Determination of new tower need. Any proposal for a new telecommunications tower shall only be approved if the applicant submits verification from a professional engineer licensed in the State of Ohio that the antenna(s) planned for the proposed tower cannot be accommodated on any existing or approved towers or other structures within a two mile radius of the proposed tower location due to one or more of the following reasons:
1. Existing public site. There are no existing publicly owned towers or sites suitable to accommodate the proposed tower or antennas.
2. Inadequate structural capacity. The antenna(s) would exceed the structural capacity of an existing or approved tower or other structure.
3. Interference. The antennas would cause interference impacting the usability of other existing or planned equipment at the tower site.
4. Inadequate height. The existing or approved towers or structures within the search radius cannot accommodate the planned equipment at the height necessary.
5. Land availability. Additional land area is not available (when necessary).
(f) Design requirements for new towers and related facilities. All telecommunications facilities shall meet the following design requirements:
1. Lighting. Tower lighting shall only be as required for safety or security reasons or as required by the FAA or other federal or state authority. All ground level security lighting shall be oriented inward so as not to project onto surrounding properties, and shall have 90° cut-off luminaries (shielded down lighting).
2. Co-location. All telecommunication towers shall be designed, and engineered structurally, electrically and in all other respects to accommodate both the applicant's equipment and at least one additional user for every 50 feet in total tower height in excess of 75 feet.
a. Each additional user shall be assumed to have an antenna loading equal to that of the initial user.
b. Towers must be designed to allow for rearrangement of antennas and to accept antennas mounted at varying heights.
3. Height. All towers and antenna shall conform to FAA tall structure requirements. The maximum height of accessory structures shall be 15 feet. Exceptions:
a. In Zone E, tower and antenna shall not exceed 45 feet.
4. Signs. Signs for all telecommunications facilities shall be permitted up to a total of four square feet per user and mounted on the fence.
(g) Site requirements for new towers and related facilities. All telecommunications facilities shall meet the following site requirements:
1. Vehicular access. Vehicle access drives may be gravel or paved and shall be located within an access easement that is a minimum of 20 feet in width. Any portion of the entrance located in a public right-of-way shall meet the applicable public street design, construction, and pavement requirements.
2. Site area. The lot (or lease area) where the tower is located shall be large enough to accommodate all future anticipated accessory structures needed by future antenna users. The size of the site shall also be of sufficient area to allow the location of one additional tower and associated support facilities.
a. The arrangement of the initial tower and the topography of the site shall be considered in determining the sufficiency of the site area.
b. At a minimum, the width and depth of the tower site shall be a distance equal to the tower height. The tower shall be placed within the property so it is no closer to any lot line than one-half the tower height.
c. All tower supporting and stabilizing wires shall be located within the site area.
d. Antennae under 20 feet in height shall not be located along public streets unless it is determined by the Planning Commission that such antennae cannot be located in a public alley.
3. Setback. The required setbacks for the tower and related facilities shall be as follows:
a. Side and rear setback. The minimum side and rear setback for all facilities, including the security fence, shall be 25 feet.
b. Front setback. The minimum front setback for all facilities shall be as specified by this Code for the zoning district in which it is located. No part of a wireless telecommunications facility, including the security fence, and any required guide wires or bracing shall be permitted in the required front setback.
c. Additional setback from residential districts. No facility shall be placed closer than one and one-half times the total height of the tower or 200 feet, whichever is greater, to any property included in a residential district.
d. Additional landscaping. Landscape screening, in addition to the requirements of this chapter, may be provided in the setback area.
4. Encroachment. No part of any telecommunications facility nor associated lines, cables, equipment, wires or braces shall at any time extend across or over any part of a public right-of-way, sidewalk, or property line.
5. Fencing. An eight foot high security fence shall completely surround the tower and accessory equipment building site. Any deterrents, such as barbed wire, shall be at least eight feet above grade.
a. An area ten feet in width shall remain outside of the fence for the purpose of providing the landscape screening described in division (G)(1)(h) of this section.
b. In the residential districts, the required security fence enclosing the facility shall be 100% opaque and of wood, brick, or stone construction. Opaque, eight foot tall gates shall be provided for access. In no instance shall the use of chain link fencing or gates with screening inserts be considered as opaque.
(h) Landscape screening. Evergreen buffer plantings shall be located and maintained around the outermost perimeter of the security fence of all wireless communications facilities. The landscape plan for the site shall provide plants in a number and design to provide a screen of the fence, all equipment and the base of the tower, as determined by the Planning Commission.
1. If evergreen shrubs are used they shall be planted a maximum of five feet apart on center.
2. If evergreen trees are used they shall be planted a maximum of ten feet apart on center.
(H) Vehicle and transportation.
(1) New and used vehicle sales.
(a) The minimum lot size shall be one-half acre with a minimum lot width of 200 feet.
(b) Signs shall conform to the requirements of Subchapter 155.12. Flags, pennants, balloons, ribbons, or other attention getting devices are not permitted.
(c) Temporary or portable structures are not permitted.
(d) Outdoor display.
1. Vehicles, for sale or otherwise, shall be parked on approved hard surfaces.
2. Vehicle display areas shall meet the setback requirements for parking areas as required in the E District.
3. Vehicle display or storage shall not be allowed in areas required for visitor, employee or service parking, as required by Subchapter 155.11.
4. All other merchandise available for sale, including, but not limited to, clothing, accessories, collectibles etc. shall be sold and displayed within an enclosed building.
(e) All service work, including car washing, repair and general maintenance, shall be conducted entirely within an enclosed building.
(f) Audible paging systems or outdoor speakers are not permitted.
(g) The use of spotlights or similar equipment is prohibited.
(2) Vehicle repair, major.
(a) All main and accessory structures shall be setback a minimum of 75 feet from any residential district.
(b) There shall be a minimum lot frontage of 100 feet or the zoning district requirement, whichever is greater, on an arterial or collector street; and all access to the property shall be from that street.
(c) Driveways or curb openings shall be located at least 100 feet from any intersection and 50 feet from any adjacent residential district boundary line. No drive shall be located nearer than 75 feet, as measured along the property line, to any other driveway.
(d) A raised curb of six inches in height shall be constructed along the perimeter of all paved and landscaped areas.
(e) Overhead doors shall not face a public street or residential district. The Planning Commission may modify this requirement upon a determination that there is no reasonable alternative and the poor visual impact will be diminished through use of building materials, architectural features and landscaping.
(f) All maintenance and repair work shall be conducted completely within an enclosed building.
(g) There shall be no outdoor storage or display of vehicle components and parts, materials, commodities for sale, supplies or equipment.
(h) Storage of wrecked, partially dismantled, or other derelict vehicles, or overnight parking of any vehicle except a tow truck shall be permitted up to 30 days in a designated area. Such area shall be screened from public rights-of-way by a solid, sight-obscuring fence or wall six feet in height.
(i) If the use includes installation of oil or other automotive fluids except for fuel, the applicant shall submit a Pollution Incidence Protection Plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials, such as special check valves, drain back catch basins, and automatic shut off valves, as approved by the Fire Department.
(3) Vehicle repair, minor.
(a) A building or structure shall be located at least 40 feet from any side or rear lot line abutting a residential district.
(b) Driveways or curb openings shall be located at least 100 feet from any intersection and 50 feet from any adjacent residential district boundary line. No drive shall be located nearer than 75 feet, as measured along the property line, to any other driveway.
(c) Equipment, including hydraulic hoists, pits, and lubrication, greasing, and other automobile repairing equipment shall be located entirely within an enclosed building. Outdoor storage or display of merchandise, such as tires, lubricants and other accessory equipment is not permitted.
(d) All activities shall occur inside a building. No vehicle may be stored outside on the property for more than five days.
(e) Storage of gasoline, liquefied petroleum gas, oil or other flammable liquids or gas above ground shall not be permitted.
(f) Floor drains shall not connect to the sanitary sewer system.
(g) The minimum required lot frontage shall be on an arterial or collector street and all access to the property shall be from that street.
(h) If the use includes installation of oil or other automotive fluids except for fuel, the applicant shall submit a Pollution Incidence Protection Plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials, such as special check valves, drain back catch basins, and automatic shut off valves, as approved by the Fire Department.
(i) If the use includes fuel sales, the requirements for a vehicle service station shall also be met.
(4) Vehicle service stations.
(a) There shall be a minimum lot area of one acre and minimum lot width of 150 feet on an arterial street.
(b) Only one driveway shall be permitted from each street, unless the Planning Commission determines additional driveways will be necessary to ensure safe and efficient access to the site. Driveways or curb openings shall be located at least 100 feet from any intersection and 50 feet from any adjacent residential district boundary line. No drive shall be located nearer than 75 feet, as measured along the property line, to any other driveway.
(c) Pump islands shall be a minimum of 30 feet from any public right-of-way or lot line. Tanks, propane, and petroleum products shall be set back at least 15 feet from any lot line.
(d) Overhead canopies shall be setback at least 20 feet from the right-of-way and constructed of materials consistent with the principal building. The proposed clearance of any canopy shall be noted on the site plan. All signs, logos, or identifying paint scheme shall be in accordance with Subchapter 155.12. The canopy shall not exceed 18 feet in height. Lighting in the canopy shall be recessed, fully shielded, and directed downward to prevent off-site glare.
(e) If the use includes installation of oil or other automotive fluids except for fuel, the applicant shall submit a Pollution Incidence Protection Plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials, such as special check valves, drain back catch basins, and automatic shut off valves, as approved by the Fire Department.
(f) In the event that a service station use has been abandoned or terminated for a period of more than 12 months, all underground gasoline storage tanks shall be removed from the premises, in accordance with state requirements.
(g) A vehicle service station may be combined with other uses, such as convenience store, vehicle wash, and/or restaurants; provided all requirements, including parking, are met for each use and the most restrictive requirements applicable to any single use shall apply.
(5) Vehicle wash facilities.
(a) All washing activities must occur inside a building.
(b) The building exit for washed vehicles must be at least 75 feet from the entrance drive that accesses the site.
(c) Required stacking spaces for waiting vehicles shall not be located within a public or private right-of-way and shall not conflict with maneuvering areas, parking spaces and other activities. Stacking lanes shall be designed to prevent vehicle queues from extending beyond the property.
(d) Wastewater must be recycled, filtered or otherwise cleansed to minimize discharge of soap, wax and solid matter into public sewers. All such water shall be discharged only into the public sanitary sewer system.
(e) Only one driveway shall be permitted from any street, unless the Planning Commission determines additional driveways will be necessary to ensure safe and efficient access to the site.
(f) Driveways or curb openings shall be located at least 100 feet from any intersection and 50 feet from any adjacent residential district boundary line. No drive shall be located nearer than 75 feet, as measured along the property line, to any other driveway.
(g) For automated drive-through wash facilities, a by-pass lane is required that allows by-passing waiting vehicles.
(h) Overhead doors shall not face a street, except if approved by the Planning Commission in these circumstances:
1. When the doors of a through-garage are located at the front and rear of a building; or
2. When a garage is located on a corner or through lot; or
3. When determined that a rear garage door would negatively affect an abutting residential use or district.
(i) A vehicle wash facility building and any accessory buildings and uses, including vacuums, shall be located at least 50 feet from a street right-of-way line and 100 feet from any residential district boundary.
(j) The property owner or operator must comply with all applicable noise regulations. Air handling equipment shall be located on a roof, be equipped with intervening noise reduction baffles, be in proper working condition and must also comply with this provision.
(6) Parking lots, subject to additional standards and restrictions as described herein.
(a) Purpose and intent. Parking lots serving adjacent and nearby commercial or industrial uses may, in certain instances and when developed with the following development standards, allow a higher utilization of commercial and industrial districts without adversely affecting the permitted uses in the D District.
(b) Development standards. Parking lots, including municipal parking lots, parking lots serving commercial or industrial establishments, or private parking lots, may be allowed by means of a conditional use permit when such parking lots substantially meet the following development standards:
1. The use of parking lots shall be limited to the parking of cars, motorcycles, and small trucks.
2. There shall be no storage or servicing of vehicles, merchandise, or equipment, whether or not enclosed, and there shall be no loading or offloading of merchandise or equipment on such parking lots.
3. All use of the parking lot shall cease between the hours of 10:00 p.m. and 7:00 a.m.
4. All lighting shall be down-directed and shall not extend into any adjacent residential district. Such lighting shall cease between 10:00 p.m. and 7:00 a.m., except that minimal security lighting may be provided.
5. Parking shall be provided as required by Subchapter 155.11.
6. Parking structures shall meet the following standards:
a. Structures, whether above or below grade, shall meet the same front, rear, and side setbacks as is specified for a main building in the D District, except that the rear and side setbacks may, through the approval of the conditional use permit, be reduced to five feet where such setback adjoins an E District or less restrictive district.
b. The height of parking structures shall not exceed 15 feet above grade, except that parking structures may be increased to a maximum height of 30 feet above grade when the setbacks facing or abutting a residential district are increased one foot for each two feet of height above 15 feet.
c. All sides of the structure shall have architectural treatment, dense landscaping, or a combination thereof that sufficiently screens the structural members from view and shall be compatible with surrounding buildings.
d. Exit ramps from parking structures shall not exceed a 5% grade below horizontal for a distance of at least 20 feet from a sidewalk or street.
(Res. 21-1165, passed 7-20-21)
Notes
| 1 | For building code purposes, the Residential Code of Ohio limits usable floor area for a commercial purpose to 10%. |