(a) Agriculture.
(1) The feeding or sheltering of livestock, including poultry, shall be permitted in penned enclosures that are set back a minimum of 100 feet from any lot in a residential zoning district. Agriculture does not include the feeding of garbage to animals or the operation or maintenance of a commercial stockyard or feedyard.
(2) In the PI District, only the raising of crops or pasturage shall be permitted. The feeding or sheltering of livestock or other animals shall only be permitted if approved as a conditional use.
(b) Dwellings, Single-Family, Two-Family, and Three-Family.
(1) Two-family and three-family dwellings are prohibited in the R-1 District.
(2) In the R-1A District, two-family and three-family dwellings may be permitted if the applicant for the use can demonstrate that the building was divided into separate dwelling units prior to January 1, 1990. An applicant shall be required to get a conditional use approval in order to demonstrate compliance with these regulations and to maintain the use as an allowed use rather than a nonconforming use.
(3) In the CB District, single-family, two-family, and three-family dwellings are permitted to continue or to be reconstructed if completely destroyed if the applicant for the use can demonstrate that the building existed on or before the effective date of this code. The nonconforming use regulations of this code shall not apply in these cases, however, should the use of the property as single-family, two-family, or three-family dwellings be replaced by a use allowed in the CB District, then the building may no longer be used for single-family, two-family, or three-family dwellings.
(4) The establishment of new two-family and three-family dwellings are prohibited in the R-1A District.
(c) Small-Scale Planned Housing Development.
(1) Purpose. The purpose of the small-scale planned housing development principal use is to provide a method by which the City may consider alternative housing developments within the context of existing neighborhoods that:
A. Reflect modern approaches to housing development that may not be reflected in the specific types of housing allowed in this code;
B. Provide for additional housing products and designs that can increase housing supply and affordability;
C. Allow for both of the above while maintaining generally similar densities as surrounding blocks or slightly higher densities if along transitional areas between different residential zoning districts or adjacent nonresidential zoning districts.
(2) Applicability.
A. Small-scale housing developments may only be considered for the redevelopment of an entire block, a portion of a block, or a project of less than five acres, whichever is less.
B. Any application shall include lots that are under joint or common ownership or control at the time the application is made. This may include applications where the applicant has written authorization to proceed with the application from all property owners of lots that will be subject to development.
C. Any approval hereunder shall be binding upon the applicant, their successors and assigns, and shall limit and control the issuance of validity of all zoning permits.
(3) Review Criteria. When reviewing an application for a small-scale housing development, the MPC shall consider the review criteria established for all conditional uses in Section 1103.06(c), the purpose statement above, and the standards for the developments within this subsection.
(4) Standards.
A. Example Types of Small-Scale Housing Developments. The purpose of this use type is to allow some flexibility for consideration of new housing development types and forms not easily defined by individual use types in Table 1105-1. While any type of development can be proposed through an application for small-scale housing developments, below are some examples of housing development types that could be considered.
i. Cottage Court
ii. Condominiums
iii. Tiny Home Development
iv. Zero Lot Line Development
B. Allowable Densities. Table 1105-2 establishes the maximum gross density of a small-scale housing development allowed in each zoning district.
C. Minimum Dwelling Size. The MPC may authorize a reduction in the minimum dwelling size requirements of Section 1105.05 as part of the approval. In no case shall a dwelling size be less than 200 square feet.
(d) Permanently-Sited Manufactured Home.
(1) The home shall meet the definition of a permanently sited manufactured home as established in ORC Section 3781.06.
(2) The home shall comply with all zoning requirements of a single-family dwelling in the applicable zoning district.
(3) Travel trailers, park trailers, and mobile homes, as defined in Section 4501.01 of the ORC, do not qualify as a permanently sited manufactured home and shall be prohibited.
(e) Residential Facility, Large. Residential facilities as defined in ORC Chapter 5119 providing services for six (6) to sixteen (16) people and residential facilities as defined in ORC Chapter 5123 providing services for nine (9) to sixteen (16) people are allowed in the R-2, R-3, R-4, and OB Districts if approved as a conditional use. Such facilities must comply with the lot and principal building regulations (See Section 1105.05.) and any other standards in this code that apply to multi-family dwellings within the applicable district.
(f) Residential Facility, Small. Residential facilities as defined in ORC Chapter 5119 providing services for one (1) to five (5) people and residential facilities as defined in ORC Chapter 5123 providing services for six (6) to eight (8) people are allowed where single-family dwellings are permitted. Such facilities must comply with the lot and principal building regulations (See Section 1105.05.) and any other standards in this code that apply to single-family dwellings within the applicable district.
(g) Skilled Nursing or Personal Care Facility. Skilled nursing or personal care facilities shall be located so as to provide direct access from an arterial or collector street.
(h) Active Recreational Use or Commercial Recreational Facility (Outdoors).
(1) All structures, viewing areas, or seating areas shall be set back at least 250 feet from any residential zoning district. The MPC may allow for a smaller setback or increase the setback based on the intensity of use of the structure or activity proposed.
(2) All outdoor lighting shall project downward and shall be of full cutoff design in order to minimize glare and reflection onto adjoining properties and public streets. See Section 1109.02 for additional information on outdoor lighting.
(3) The hours of operation may be regulated by the MPC, if necessary, to mitigate adverse impacts on adjacent residential uses.
(4) No use that involves the discharge of firearms is permitted.
(i) Cellular or Wireless Communication Systems.
(1) Purpose. In recognition of the quasi-public nature of cellular and/or wireless personal communication systems, it is the purpose of these regulations to:
A. Accommodate the need for cellular or wireless communications towers and facilities for the provision of personal wireless services while regulating their location and number in the City;
B. Minimize adverse visual effects of communications towers and support structures through proper siting, design and screening;
C. Avoid potential damage to adjacent properties from communications towers and support structure failure; and
D. Encourage the joint use of any new and existing communications towers and support structures to reduce the number of such structures needed in the future.
(2) Applicability. This section of regulations shall apply to the review of any cellular or wireless communication systems that are to be located on a lot within the City of Mount Vernon. Small-cell wireless facilities that are to be located in a right-of way are subject to the provisions of Section 1109.08.
(3) Use Regulations. The following use regulations shall apply to cellular or wireless communication antennas and towers:
A. A cellular or wireless communications antenna that is mounted to an existing communications tower (colocation), whether said tower is for cellular or wireless purposes or not, smoke stack, water tower or other tall structure, shall be permitted as of right in all zoning districts. Cellular or wireless communications antenna may also be located on the top of buildings which are no less than fifty (50) feet in height.
B. Any cellular or wireless communications antenna that is mounted to an existing structure as indicated above shall be painted a color which matches, or is compatible with, the structure on which it is located.
C. A cellular or wireless communications antenna that is not mounted on an existing structure or attached in a manner different than allowed in subsections A or B, above, is permitted as a conditional use in any nonresidential zoning district.
D. All other uses accessory to the cellular or wireless communications antenna and towers including, but not limited to business offices, maintenance depots, and materials and vehicle storage, are prohibited from the site unless otherwise permitted in the zoning district in which the cellular or wireless communications antenna and/or tower is located.
E. New cellular or wireless communications towers and sites shall not be located in any residential zoning district and shall be set back a minimum distance from residential zoning districts as follows:
i. Cellular or wireless communication towers less than 100 feet in height shall be set back a minimum of 500 feet from any residential zoning district.
ii. Cellular or wireless communications towers that are 100 feet or taller, but less than 150 feet in height shall be set back a minimum of 750 feet from any residential zoning district.
iii. Cellular communications towers 150 feet in height and greater shall be shall be set back a minimum of 1000 feet from any residential zoning district.
(4) Standards for Cellular or Wireless Communication Antennas and Towers Requiring a Conditional Use Approval. The following standards shall apply to all conditionally permitted cellular or wireless communications antennas and towers in addition to the conditional use review criteria of Section 1103.06(c):
A. The cellular or wireless communications company shall be required to demonstrate, using the latest technological evidence, that the antenna or tower must be placed where it is proposed in order to satisfy its necessary function in the company's grid system.
B. If the communications company proposes to build a cellular or wireless communications tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it has contacted the owners of nearby tall structures within a one-mile radius of the site proposed, asked for permission to install the cellular communications antenna on those structures and was denied for reasons other than economic ones. "Tall structures" shall include, but not be limited to: smoke stacks, water towers, buildings over 50 feet in height, antenna support structures of other cellular or wireless communication companies, other communication towers and roadway light poles.
C. The City may deny the application to construct a new cellular or wireless communications tower if the applicant has not made a good faith effort to mount the antenna on existing structures.
(5) Standards for Approval of All Cellular or Wireless Communications Antennas and Towers.
A. The applicant shall demonstrate the antenna/tower is the minimum height required to function satisfactorily. No antenna that is taller than the minimum height shall be approved.
B. If a new cellular or wireless communications tower is to be constructed, the minimum distance between the base of the tower or any guy wires anchors and the property line shall be the greater of the following:
i. Forty percent (40%) of the tower height;
ii. The minimum setback in the underlying zoning district; or
iii. Fifty (50) feet.
C. The applicant shall demonstrate that the proposed cellular or wireless communications tower and its antenna are safe and that the surrounding properties will not be negatively affected by tower failure or radio frequency interference. Furthermore, all cellular or wireless communications towers shall be fitted with anti- climbing devices as approved by the manufacturers.
D. A fence shall be required around the cellular or wireless communications tower and its support structures, unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight (8) feet in height and shall be erected to prevent access to nonauthorized personnel.
E. Landscaping.
i. A fence shall be required around the base of the cellular or wireless communication tower, support structures, and any other ground level features.
ii. Landscaping and buffering shall be required when adjacent to residential districts in accordance with Section Chapter 1111: Landscaping and Screening.
iii. Additionally, existing vegetation on and around the site shall be preserved to the greatest extent possible.
F. In order to reduce the number of antenna support structures needed in the City in the future, the proposed cellular or wireless communications tower shall be required to accommodate other uses, including other cellular or wireless communications companies, and the local police and fire departments.
G. The communications company must demonstrate to the City that it is licensed by the Federal Communications Commission (FCC).
H. If the cellular or wireless communications site is fully automated, adequate parking shall be required for maintenance workers. If the site is not fully automated, the number of required parking spaces shall comply with the applicable parking requirements of this code.
I. Cellular or wireless communications towers under 200 feet in height shall be painted silver or have a galvanized finish retained in order to reduce visual impact. Cellular or wireless communications towers shall meet all Federal Aviation Administration (FAA) regulations. No cellular or wireless communications towers may be artificially lighted except when required by the FAA. Furthermore, no cellular or wireless communication tower or antenna shall contain any signage containing a commercial message.
(6) Maintenance. Any owner of property used as a cellular or wireless communications site shall maintain such property and all structures in good condition and free from trash, outdoor storage, weeds and other debris. Any cellular or wireless discontinued for a period of twelve (12) continuous months or more shall be removed along with all accessory structures related thereto. Discontinued shall mean that the structure has not been properly maintained, has been abandoned, become obsolete, is unused or has ceased the daily activities or operations which had occurred.
(j) Cemetery.
(1) Cemeteries may be for humans or domestic animals.
(2) A cemetery shall be located so as to provide direct access from an arterial or collector street that the MPC determines is adequate to serve the size of the facility proposed.
(3) Any new cemetery shall be located on a site containing not less than twenty-five (25) acres.
(4) All buildings, including, but not limited to mausoleums and maintenance buildings, shall be set back a minimum of 100 feet from all lot lines.
(5) All graves or burial lots shall be set back a minimum of fifty (50) feet from all lot lines.
(k) Community Gardens.
(1) Community gardens may be allowed as a principal use of any property owned by the City of Mount Vernon or owned by a public utility.
(2) Community gardens may be located as a principal use in an open space area of a PD if the space is maintained by a homeowners' association.
(3) The owner of the property shall have an established set of operating rules addressing the governance structure of the garden, with hours of operation, maintenance and security requirements and responsibilities, and provisions for the distribution of garden plots.
(4) The name and telephone number of the owner and any person designated as the person in-charge of garden coordination along with a copy of the operating rules shall be kept on file in the offices of the ZEO.
(5) The site shall be designed and maintained so that water, pesticides, and fertilizer will not drain onto adjacent properties.
(6) There shall be no retail sales on site, except for produce grown on the site.
(7) Benches, bike racks, raised/accessible planting beds, picnic tables, garden art, and rain barrel systems are permitted.
(8) The community garden may include one storage shed and one farmers' market per lot (not per individual garden plot) for the purposes of communal storage and/or communal sales of produce that are grown on-site.
(l) Fraternal, Charitable, or Service Oriented Club. Accessory uses necessary to the operation of such use, such as clubhouses, restaurants, bars, swimming pools and similar activities, shall be permitted if the use is allowed as a principal or accessory use in the applicable zoning district and is in compliance with this code.
(m) Nursery Schools and Day Care Centers.
(1) Picking up and dropping off of children shall not create unsafe conditions. Loading and unloading of children from vehicles shall only be allowed in the driveway or in an approved parking area.
(2) No dormitory facilities shall be permitted.
(n) Place of Worship.
(1) The principal building shall be set back a minimum of fifty (50) feet from any adjacent lot line that is part of a lot used for residential purposes.
(2) Places of worship may include a dormitory or other forms of housing for the clergy or members of a religious order that work for the subject place of worship (e.g., rectory, convent, etc.) as part of the same lot in the PI District.
(o) Parking Lot or Garage.
(1) Parking garages that are a principal use of a lot in the CB District shall be designed in a manner that complies with the downtown design standards of Chapter 1110: CB District Architectural Standards.
(2) Parking lots that are a principal use of a lot in the CB District shall not have any lot frontage along Main Street or High Street.
(p) Residential Community Center.
(1) One residential community center shall be allowed within an individual subdivision or for a multi-family dwelling development that contains twelve (12) or more dwelling units.
(2) Additional residential community centers may be approved as part of a planned development district.
(3) The residential community center shall only be for the use of residents of the individual subdivision, multi-family dwelling development, or PD District, as applicable, and their guests.
(q) Administrative, Business, or Professional Offices. Administrative, business, or professional offices are permitted in the LI and GI Districts if they are a part of operations for another use allowed in the LI and GI Districts.
(r) Adult Entertainment Establishment.
(1) Purpose and Intent.
A. In enacting these regulations, pursuant to ORC Section 715.55, City Council makes the following statement of intent and findings:
i. Adult entertainment establishments require special supervision from the public safety agencies of the City in order to protect and preserve the health, safety, morals, and welfare of the patrons and employees of the businesses as well as the citizens of Mount Vernon.
ii. The City Council finds that adult entertainment establishments are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature.
iii. The concern over sexually transmitted diseases is a legitimate health concern of the City that demands reasonable regulation of adult entertainment establishments by the City in the specified manner, and expanded authority for reasonable regulation of adult entertainment establishments by local governments, in order to protect the health and well-being of the citizens.
iv. Minimal regulations enacted by the City are a legitimate and reasonable means of accountability to ensure that operators of adult entertainment establishments comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.
v. There is convincing documented evidence that adult entertainment establishments, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, cause increased crime, particularly in the overnight hours, and downgrade property values.
vi. The City Council desires to minimize and control these adverse effects by regulating adult entertainment establishments in the specified manner. And by minimizing and controlling these adverse effects, the City Council seeks to protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight.
vii. The City Council has determined that current local zoning and other locational criteria do not adequately protect the health, safety, and general welfare of the people of Mount Vernon and that expanded regulation of adult entertainment establishments is necessary.
viii. It is not the intent of the City Council in enacting this act to suppress or authorize the suppression of any speech activities protected by the First Amendment, but to enact content-neutral statutes that address the secondary effects of adult entertainment establishments.
ix. It is not the intent of the City Council to condone or legitimize the distribution of obscene material, and the City Council recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages state law enforcement officials to enforce state obscenity statutes against any such illegal activities in this state.
B. It is the intent of the City Council in enacting these regulations to regulate in the specified manner adult entertainment establishments in order to promote the health, safety, morals, and general welfare of the citizens of the City of Mount Vernon and establish reasonable regulations to prevent the deleterious secondary effects of adult entertainment establishments within the City. The provisions of these regulations have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent of the City Council in enacting these regulations to restrict or deny, or authorize the restriction or denial of, access by adults to sexually oriented materials protected by the First Amendment, or to
deny, or authorize the denial of, access by the distributors and exhibitors of adult entertainment and adult materials to their intended market. Neither is it the intent nor effect of the City Council in enacting these regulations to condone or legitimize the distribution or exhibition of obscene material.
C. Based on evidence concerning the adverse secondary effects of adult uses on communities presented in hearings and in reports made available to the legislature and subsequently adopted by the Ohio General Assembly as findings under Section 3 of House Bill 23, the City Council finds:
i. Adult entertainment establishments lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments;
ii. Certain employees of adult entertainment establishments, as defined in these regulations as adult theaters and cabarets, engage in a higher incidence of certain types of illicit sexual behavior than employees of other establishments;
iii. Sexual acts, including masturbation and oral and anal sex, occur at adult entertainment establishments, especially those that provide private or semiprivate booths or cubicles for viewing films, videos, or live sex shows. The "couch dances" or "lap dances" that frequently occur in adult entertainment establishments featuring live nude or seminude dancers constitute or may constitute the offense of "engaging in prostitution" under Section 2907.25 of the ORC;
iv. Offering and providing private or semi-private booths or cubicles encourages such activities, which creates unhealthy conditions;
v. Persons frequent certain adult theaters, adult arcades, and other adult entertainment establishments for the purpose of engaging in sexual activity within the premises of those adult entertainment establishments;
vi. Numerous communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis salmonella, campylobacter and shigella infections, chlamydial, myoplasmal and ureoplasmal infections, trichomoniasis, and chancroid;
vii. Sanitary conditions in some adult entertainment establishments are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities;
viii. The findings noted in divisions i. to vii., above, raise substantial governmental concerns;
ix. Adult entertainment establishments have operational characteristics that require or mandate subject them to reasonable government regulation in order to protect those substantial governmental concerns; and
x. The enactment of these regulations will promote the general welfare, health, morals, and safety of the citizens of this City.
(2) Classification. Adult entertainment establishments include any of the following:
A. Adult arcades;
B. Adult bookstores, adult novelty stores, or adult video stores;
C. Adult cabarets;
D. Adult motion picture theaters;
E. Adult theaters;
F. Nude or Seminude model studios; or
G. Sexual encounter establishment.
(3) Locational Requirements. All adult entertainment establishments shall meet the following location requirements.
A. No adult entertainment establishment shall be established within 1,500 feet of any lot upon which another adult entertainment establishment is located.
B. No adult entertainment establishment shall be established within 1,000 feet of any lot upon which the following uses exist:
i. A place of worship;
ii. A publicly owned active recreational facility or a passive park, open space, or natural area;
iii. A day care center, nursery school, educational institution or cultural institution, whether public or private, governmental or commercial, which use is regularly attended by persons under eighteen (18) years of age.
C. No adult entertainment establishment shall be established within 500 feet of any dwelling or boundary of a residential zoning district within the municipal boundary of the City.
D. No adult entertainment establishment shall be established within 200 feet of any boundary of a residential zoning district located outside the municipal boundary of the City.
E. The distances specified in this section shall be measured in a straight line, without regard to intervening structures, from the nearest point of the premises in which the proposed adult entertainment establishment is to be established to the nearest lot line of a use or zoning classification listed above or another adult entertainment establishment. The presence of a City, County or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(4) Development and Operational Standards. All adult entertainment establishments shall be subject to the following development and operational standards:
A. Shall meet all regulations for other uses in the applicable zoning district.
B. Loud speakers which cause a hazard or annoyance shall not be permitted.
C. Structures should have primary access to a collector or arterial street.
D. No adult entertainment establishment shall be located in any temporary or portable structure.
E. The applicant shall submit evidence to the City of Mount Vernon that all of the applicable State, County and local health district regulations have been satisfied as part of any zoning permit application.
F. No interior portion of the adult entertainment establishment may be visible from the outside, either through windows, doors or any other openings.
G. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance or exit to the business.
H. All entrances to an adult entertainment establishment shall be clearly and legibly posted with a notice indicating that minors are prohibited from entering the premises.
I. No adult entertainment establishment shall be operated in any manner that permits the observation of any persons or material depicting, describing or related to specified sexual activities or specified anatomical areas, inside the premises, from any public way or from any location outside the building or area of such establishment. This provision shall apply to any merchandise, display, decoration, sign, showcase window, or other opening.
(s) Amusement Arcade.
(1) Purpose. The purpose of the regulations on amusement arcades is to promote the public health, safety and welfare by regulating amusement arcades where mechanically or electronically operated amusement devices are kept, operated, or maintained. It is further the intent of these sections to coordinate the provisions of this chapter with the requirements of Chapter 747, Mechanical Amusement Devices of the Codified Ordinances of Mount Vernon, governing the licensing and regulation of mechanical amusement devices in such manner that, in the event of any conflict between the respective regulations, the more restrictive requirement or the more severe penalty shall prevail.
(2) General Provisions.
A. No amusement arcade facility shall be established, operated, or maintained in any place of business or on any premises unless approved as a conditional use in accordance with the provisions of Section 1103.06. In addition to said provisions, amusement arcades shall comply with the following conditional use criteria:
i. Amusement arcades shall comply with the district regulations applicable to all properties in any zoning district in which they are located.
ii. Amusement arcades shall have an adult who is eighteen (18) years of age or over on the premises and supervising the amusement arcade at all times during its hours of operation.
iii. Amusement arcades shall have necessary security personnel as required by the appropriate law enforcement agency to police the interior and exterior of the premises.
iv. The interior of the amusement arcades shall provide a minimum area per coin- operated amusement device equal to the size of the device plus two (2) feet of the area on each side plus an area of four (4) feet in front of the device.
v. Prior to the approval of a conditional use the applicant shall provide evidence that the structure meets the minimum requirements of the appropriate electrical and fire codes.
vi. If the place of business or premises for which an amusement arcade is proposed is a free-standing building, the application for the conditional use shall include an approvable exterior lighting plan.
vii. In establishments which serve alcoholic beverages, any area containing amusement devices shall be visually separated from that portion or portions of the establishment wherein alcoholic beverages are served or sold for carrying out of the premises.
viii. No amusement arcade may be established, operated or maintained in any place of business or on any premises which is within 500 feet of any adult entertainment establishment, or within 1,000 feet of an educational institution.
ix. The application for the conditional use shall be accompanied by a copy of the applicant's license to operate amusement devices, and a notarized statement that the applicant shall not permit any person fourteen (14) years of age or younger to operate any devices on the premises before 3:00 pm on days when school is in session.
B. It shall be the obligation of the exhibitor of an amusement arcade to maintain peace and quiet and order in and about the premises. Failure to do so shall constitute a nuisance, which shall be a minor misdemeanor.
C. No amusement arcade exhibitor shall permit, on days when school is in session, any person fourteen (14) years of age or younger to operate any mechanical or electrically operated amusement device or to be or remain in an amusement arcade before 4:00 pm. This provision does not apply to juke boxes, mechanical musical instruments, or other mechanical amusement devices designed to be ridden, such as mechanical horses, automobiles, and carrousels. Violation of this provision shall be a minor misdemeanor.
(3) Complaints Regarding Amusement Arcades.
A. Any resident of the City may submit a written notice of complaint regarding the operation of any amusement arcade to the ZEO. The notice of complaint shall include the name and address of the complainant, the address of the location of the amusement arcade, and the specific reasons why the individual is complaining.
B. If the ZEO determines, after interviewing both the complainant and the amusement arcade exhibitor, that the specific reasons in the complaint appear to be proper grounds for suspension or revocation of a conditional use, he shall refer the matter to the MPC.
(t) Animal Boarding Facility or Animal Hospital/Clinic and Animal Grooming.
(1) All structures and outdoor run areas designed to house or accommodate animals, either permanently or temporarily, shall be set back a minimum of 200 feet from all lot lines adjacent to a residential zoning district. All other structures related to the use of the property shall be set back in accordance with the applicable zoning district.
(2) Care and boarding of animals shall be limited to domestic animals and may not include cattle, horses, swine, or other similarly sized animals.
(3) Animal hospitals/clinics and animal grooming facilities shall not include any boarding or kennels except for temporary use during medical treatment.
(4) Outdoor pens and exercise runs shall be kept in a clean and sanitary condition and shall be screened from public view.
(5) A solid wood fence or masonry wall with a minimum height of six (6) feet shall be constructed where a kennel or animal boarding facility is located adjacent to a residential zoning district.
(6) Sanitation practices shall be adequate to assure that objectionable odors shall not be noticeable on or off the lot considering various wind conditions.
(7) The applicant shall submit a written statement showing the measures and practices he will use to reduce the noise level in the design of the building and the management or rotation of animals in outdoor exercise runs.
(8) No dead animals shall be buried on the premises and incineration of dead animals shall not create odors or smoke.
(u) Automotive Repair and Service (Minor), and Fuel Stations.
(1) Any repair work on vehicles that do not fall under Class 1, 2, or 3 vehicles, as defined by the Federal Highway Administration (FHWA), shall be defined as "automotive repair and service (major)" and subject to the applicable provisions of this chapter.
(2) The minimum lot area shall be 15,000 square feet with an additional 5,000 square feet required for each service bay over an initial service bay.
(3) Fuel pumps shall be set back a minimum of twenty (20) feet from all lot lines and 100 feet from all adjacent lot lines of lots in residential zoning districts.
(4) Canopies and principal buildings shall be set back a minimum of twenty (20) feet from all lot lines and fifty (50) feet from all adjacent lot lines of lots in residential zoning districts.
(5) Any accessory shall be set back a minimum of 100 feet from all adjacent lot lines of lots in residential zoning districts.
(6) No accessory use shall be located within twenty-five (25) feet of a gasoline pump island.
(7) 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.
(8) All repair work must be performed in a fully enclosed building.
(9) Activities shall be limited to:
A. The sale of automotive fuel;
B. The servicing of motor vehicles with minor repair work;
C. Washing of vehicles within an enclosed building;
D. The retail sale of vehicle parts and products relating to minor repair work, such as, but not limited to, oil, grease, tires, antifreeze, batteries, and windshield wipers. The storage and sales of such products shall take place entirely within an enclosed building unless in compliance with Section 1108.01(g)(9) on outdoor display and sales.
(10) Any major repair work, including but not limited to, 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 and service (major)" and shall be subject to Section 1105.04(v).
(11) Vehicles being serviced or awaiting service shall be stored for no longer than seven (7) calendar days on the site if in unenclosed areas or areas not screened along lot lines adjacent to lots in residential zoning district or lots used for residential purposes.
(12) 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.
(13) Outdoor solid waste, storage areas, and recyclable storage areas shall be screened in accordance with Section 1111.07.
(14) Gasoline and other flammable mixtures shall not be used to wash down the premises.
(15) Sanitary drains located on the premises without approved separators in the trap are prohibited.
(16) Upon abandonment of a service station the City Fire Chief shall require that all environmental issues must be addressed including submission of a 'certificate of abandonment approval in compliance with the Bureau of Underground Storage Tank Removal guidelines' from the Fire Marshall of the State of Ohio in duplicate with one copy for records of the City Fire Chief and one copy for records of the City Engineer.
(v) Automotive Repair and Service (Major).
(1) An automotive repair and service (major) establishment shall be subject to the same requirements as an automotive service station (minor) as established in Section 1105.04(u), above.
(2) The principal structure shall be set back a minimum of 150 feet from any lot line of a lot in a residential zoning district. Parking for the storage of vehicles, whether operational or non-operational, shall be set back a minimum of fifty (50) feet from any adjacent lot line in a residential district.
(3) The storage of non-operational vehicles for longer than fourteen (14) days shall be permitted if stored in the rear yard and screened by a solid wall or fence with a minimum height of six (6) feet.
(5) Vehicles awaiting repair shall be parked in designated parking spaces and shall not encroach on driving aisles, landscaped areas and drive approaches. No part of the street right-of-way shall be used for parking of vehicles awaiting service.
(6) Damaged or inoperable vehicles shall not be used for storage purposes.
(w) Bed and Breakfast.
(1) The building utilized for the bed and breakfast establishment shall have been originally designed as a single-family dwelling structure.
(2) The facility must be operated and managed by the property owner or leaseholder, who must reside on the premises while the bed and breakfast establishment is in operation.
(3) Only overnight guests shall be served meals unless otherwise authorized as part of the conditional use approval.
(4) All activities related to the establishment shall take place within the principal dwelling and not within a garage or accessory building. Furthermore, all access to rooms shall be from within the principal building.
(5) The facility shall be limited to no more than four (4) guestrooms with a maximum guest capacity as determined by fire and building regulations.
(6) There shall be no exterior evidence of the use except that the owner may provide one wall-mounted sign with a maximum sign area of one (1) square foot in addition to any other signs allowed for single-family dwellings in Chapter 1113: Signs.
(7) No building additions or alterations may be undertaken for the sole purpose of expanding the bed and breakfast use unless approved as part of the conditional use review.
(8) A minimum of one (1) off-street parking space for each guestroom and two (2) off-street parking spaces for the resident owner-manager shall be required. All parking areas for five (5) or more vehicles shall meet the applicable standards of Chapter 1112: Parking, Access, and Connectivity.
(x) Funeral Homes and Mortuaries.
(1) In the OB District, the funeral home should maintain a residential architectural appearance that is compatible with surrounding residential uses.
(2) There shall be a minimum lot area of one acre and a minimum lot width of 150 feet.
(3) Vehicular use areas shall be designed to allow for the queuing of vehicles if funeral processions are intended to originate or terminate at the establishment.
(4) One (1) dwelling unit may be provided within the principal building.
(5) All funeral homes shall be located so as to provide direct access from an arterial or collector street.
(6) Cremation services shall be permitted only in the GB, LI and GI Districts and shall be set back a minimum of 500 feet from any lot line adjacent to a residential zoning district.
(y) Live/Work Unit.
(1) Any nonresidential use permitted in the applicable zoning district is permitted in the live/work unit.
(2) 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).
(3) The occupant of the dwelling does not have to be the owner, employee, or otherwise related to the nonresidential use located in the same building.
(z) Microbrewery, Microdistillery, or Microwinery.
(1) A microbrewery, microdistillery, and microwinery shall be allowed in the CB and GB 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. Drinks made off site may also be permitted provided the majority of drinks offered for sale are made on site.
(2) A microbrewery, microdistillery, and microwinery in the LI and GI Districts may include a taproom area to serve customers drinks made on site provided the floor area of the taproom does not exceed fifty percent (50%) of the total footprint of the use. Food service may be included within the fifty percent (50%) total footprint. Drinks made off site may also be permitted provided the majority of drinks offered for sale are made on site.
(aa) Short-Term Rentals.
(1) Purpose and Intent. It is the purpose of this section to exercise of the City's police powers to promote and protect the public health, safety, and general welfare by regulating the use of residential dwellings for short-term rentals. It is further the intent of the provisions to allow the City to monitor short-term rentals to mitigate impacts created by short-term occupancy of these residential uses through the implementation of rationally based, reasonably tailored regulations to protect the integrity of the City's neighborhoods.
(2) Applicability.
A. These standards apply to all short-term rentals located in the City.
B. This article shall not apply to any uses listed under the Residential Uses-Group Living heading in Table 1105-1, hotels, bed and breakfasts, or transient uses of property regulated by other specific provisions of the City of Mount Vernon Code of Ordinances outside of this section.
(3) Minimum Standards for Short-Term Rentals.
A. Short-term rentals must apply for and receive an approved zoning permit prior to operation.
B. This section prohibits the rental of any short-term rental unit for a time period of less than twenty-four (24) hours.
C. No dwelling unit that receives low-income or affordable housing grants or credits from the federal, state, or local governments, or that meets any requirement applicable to the property in which the dwelling unit is located related to such low-income or affordable housing grants or credits, shall be permitted as a short-term rental unit.
D. All dwelling units that will be used for short-term rental shall meet all applicable laws related to building, health, or life safety, as may be applicable.
E. The maximum occupancy of the short-term rental shall be determined by the total of:
i. Two (2) persons per each bedroom with a floor area up to, and including, 210 square feet, plus an additional two (2) persons.
ii. For bedrooms over 210 square feet in area, the occupant load will be determined by the area of the bedroom divided by seventy (70) square feet plus an additional two (2) persons.
F. There shall be no hosting of private parties or special events (e.g., weddings, receptions, and similar gatherings) on the premises of the short-term rental unit that will exceed the maximum occupancy allowed by this section.
G. The following information shall be conspicuously posted in each short-term rental unit:
i. The maximum occupancy of the short-term rental unit;
ii. A copy of the approved zoning permit; and
iii. The name, address, and telephone number of the short-term rental agent that can be contacted twenty-four (24) hours a day, seven (7) days a week regarding any operational issues with the short-term rental unit.
H. All short-term rentals must pay the Knox County Lodging Excise Tax and Mount Vernon Income Tax.
I. Adequate on-site parking shall be provided in accordance with the following:
i. One (1) off-street parking space shall be required for each bedroom of a short-term rental unit that is leased or rented to individual groups beyond the full-time owner or occupant of the residential dwelling. This shall be in addition to the number of off-street parking spaces required for the residential use in Section 1112.04(a).
ii. If the entire dwelling is leased or rented to one (1) short-term rental occupant and no one permanently resides at the dwelling, no additional off-street parking is required beyond what is required for the residential use.
iii. In all cases, any parking required to accommodate the short-term rental in accordance with this section shall be accommodated off-street, on the same lot as the short-term rental unit.
J. Short-Term Rental Agent.
i. The owner of a short-term rental unit shall designate a short-term rental agent on its application for a zoning permit. The owner may serve as the short-term rental agent. Alternatively, the owner may designate another representative as their agent provided that representative is a person who is over the age of eighteen (18) years old.
ii. The duties of the short-term rental agent are to:
a) Be reasonably available to handle any problems arising from use of the short-term rental unit;
b) Appear on the premises of any short-term rental unit within eight (8) hours following notification from the City of issues related to the use or occupancy of the premises. This includes, but is not limited to, notification that occupants of the short-term rental unit have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of the City of Mount Vernon Code of Ordinances or other applicable law pertaining to noise, disorderly conduct, overcrowding, consumption of alcohol or use of illegal drugs. Failure of the agent to timely appear to two (2) or more complaints regarding violations may be grounds for revocation of the zoning permit. This is not intended to impose a duty to act as a peace officer or otherwise require the agent to place themself in a perilous situation;
c) Receive and accept service of any notice of violation related to the use or occupancy of the premises; and
d) Monitor the short-term rental unit for compliance with this section.
iii. A short-term rental owner may change their designation of a short-term rental agent temporarily or permanently; however, there shall only be one such agent for a property at any given time. To change the designated agent, the owner shall notify the ZEO in writing of the new agent's identity, together with all contact information.
(bb) Vehicle Washing Establishments.
(1) All structures shall be set back a minimum of fifty (50) feet from any residential zoning districts. Any self-service washing establishment or portion of a building used for self-service washing shall be set back a minimum of 150 feet from any residential zoning districts.
(2) In order to prevent excessive pooling of water in the street right-of-way, the facility must be equipped with a dryer or must demonstrate adequate drainage on-site to accommodate all water used for cleaning.
(3) There shall be adequate provision for the disposal of waste water and the prevention of surface runoff.
(4) Vacuuming and/or steam cleaning equipment may be located outside, but shall not be placed in the yard adjoining a residential zoning district.
(cc) Contractor Equipment and Storage Yards.
(1) Outdoor storage must be associated with a principal building that contains the contracting or construction business associated with the stored materials.
(2) In the GB District, the majority of storage shall be indoor and any outdoor storage, sales, or displays shall be accessory in nature, as regulated in Section 1108.01.
(dd) Self-Storage Facilities.
(1) The leases for all self-storage units shall include clauses related to the following:
A. The storage of flammable liquids or radioactive, highly combustible, explosive or hazardous materials is prohibited; and
B. The property may not be used for any uses other than for the storage of unused or seldom used items.
(2) All access to any self-storage facility shall be from an arterial or collector street.
(3) 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.
(4) The Mount Vernon Fire Department shall be provided with twenty-fiour (24)-hour access to the grounds and buildings. A lockbox or other emergency key access shall be provided for its use.
(5) The outdoor storage of inventory, materials, or merchandise is prohibited. The outdoor storage of vehicles, including recreational vehicles, is permitted in side and rear yards.
(6) Sale, repair, fabrication or servicing of goods, motor vehicles, appliances, equipment, or materials or similar activities shall be prohibited in or from self-service storage facilities.
(7) Self-storage facilities may not be used for residential purposes.
(8) Except for sinks and restroom facilities provided solely for the use of the managers or security personnel of self-storage facilities containing more than ten (10) individual storage units, neither sinks nor restroom facilities shall be permitted within self-storage facilities.
(9) No storage unit door opening in a self-storage facility (outdoor) shall face a residential district.
(ee) Adaptive Reuse of a Pre-Existing Building.
(1) The adaptive reuse of a building that existed prior to the effective date of this code may be considered by the MPC through the conditional use process.
(2) The adaptive reuse of such pre-existing building shall only be allowed where the MPC makes a determination that an existing building on the site cannot be readily used for a principal use that is otherwise allowed in the applicable zoning district, due to the design of the building.
(3) The proposed use of the building shall be limited to principal uses that are specifically allowed in Table 1105-1.
(4) The proposed reuse of the building shall be one that the MPC finds will have minimal impact on the surrounding neighborhood based on the consideration of the conditional use criteria in Section 1103.06(c).
(5) The adaptive reuse application must demonstrate that the exterior appearance of the building shall not be altered unless otherwise approved by the MPC as part of a conditional use approval. This shall not prevent the applicant from renovating the building so that it complies with all applicable building and fire codes.
(6) If the pre-existing building is demolished or damaged more than fifty percent (50%) of the market value of the building, as established by the Knox County Auditor, then the remainder of the building shall be demolished and the adaptive reuse approval shall expire. The MPC may approve an adaptive reuse application where there is to be voluntary demolition of more than 50 percent of the market value as part of a conditional use application for adaptive reuse. After such expiration, only a permitted use in the applicable zoning district may be authorized in accordance with this code.
(Ord. 2024-032. Passed 7-22-24.)