(a) Public and Private Schools; Churches and Other Buildings for Religious Worship; Governmentally Owned/Operated Facilities other than Those Specifically Listed; Institutions for Higher Education. In a Residential or Commercial District, such public and semi-public uses may be permitted subject to the following:
(1) Such uses should be located on a major street or have direct access to a major street without going through a residential neighborhood to lessen the impact on the residential area.
(2) When located in a residential district, the access drives shall be located no less than 100 feet from an intersection.
(3) When located in a residential district, the building and site shall be designed and constructed to minimize any negative impacts on the surrounding residential area.
(4) In any district, the Planning Commission and Council may require (when appropriate) all outdoor children's activity areas to be completely fenced in to minimize traffic hazards.
(b) Public Utility Rights-of-Way. Public utility rights-of-way and substations may be permitted in any district subject to the following requirements:
(1) In residential districts, utility rights-of-way and substations shall only be permitted when such are an essential service for distribution of utilities to the immediate neighborhood or when topological features restrict the location of such facilities.
(2) Site locations should offer natural or manmade barriers to lessen any intrusion into residential areas.
(3) Storage of materials shall be within a completely enclosed building.
(4) Substations shall be at least 100 feet from a dwelling when located in a residential district, or 100 feet from a residential district when located in a C-I, I-1 or T-C District, or shall be adequately screened.
(c) Public or Private Parks, Playgrounds, or Indoor or Outdoor Public Recreation Facilities. In any Residential District, parks, playgrounds and public recreation facilities, except miniature golf courses, may be permitted subject to the following:
(1) All loudspeaker systems shall be approved by Planning Commission and Council and shall not create a nuisance for adjacent properties.
(2) Lighting shall not shine on adjacent property and shall not pose a hazard to traffic movement.
(3) Athletic fields, courts, or other outdoor activity areas shall not be located within any required yard.
(4) The Planning Commission and Council may require any outdoor activity area to be fenced to minimize traffic hazards.
(5) Public and semi-public swimming pools may be permitted as part of a park or as a separate recreational use in any Residential District in compliance with the following:
A. Public pools shall be pools and water bodies intended for public, semi-public, and private uses other than those specified as private pools for individual residences.
B. An in-ground or above-ground swimming, wading, or other pool having a capacity for water depth exceeding 18 inches shall be required to obtain a Zoning Certificate.
C. All pools shall be located within an enclosed structure or completely surrounded by a fence or wall having a height not less than four feet six inches.
D. All fences and other pool enclosures shall be constructed so as to have no openings, holes, or gaps larger than three inches in width, except for doors, gates and windows which shall be equipped with suitable locking devices to prevent unauthorized access. Access secured accessory buildings and walls of principal buildings may be used in place of or as part of the enclosure.
E. Above-ground pools having vertical surfaces of at least four feet six inches above the finished grade shall be required to have fences, enclosures and secured gates only where access may be had to the pool.
F. Ponds, lakes and streams to be utilized for public swimming purposes shall be fenced or secured at those locations presenting hazards to potential users and adjacent major residential developments or concentration areas for children. Hazardous locations include banks approaching, entering, and extending into the water at slopes exceeding a ratio of one foot vertical to three feet horizontal.
(6) Golf courses may be permitted as part of a park or as a separate recreational use in any Residential District in compliance with the following:
A. Access drives shall be at least 100 feet from an intersection.
B. Vehicular access to such uses shall be located on a major street.
(d) Temporary Buildings and Uses. Temporary buildings and uses for purposes incidental to construction work may be permitted in a Residential District provided such building or use is in compliance with the following:
(1) Any temporary structures or uses must be indicated as such on site plans submitted to the Planning Commission for approval.
(2) Temporary structures or uses shall not be continued as permanent structures or uses. The period of continuance shall be set by the Planning Commission.
(e) Child Care Center. A child care center may be permitted in an R-4, C-1 and T-C District subject to the following:
(1) All child care centers shall comply with the following:
A. Outside play areas shall be fenced for the protection and control of the children.
B. Required parking shall be on the same lot as the principal use.
C. A drop-off/pick-up location that will not impede traffic on or off the site shall be provided to ensure the safety of the children.
(2) A child care center that is operated as the principal use on the lot shall comply with the following additional requirements.
A. In a residential district, the maximum number of children shall not exceed 50 plus 25 additional children for every 1/4 acre of lot area greater than one acre.
B. When located in a residential district, the proposed child care center shall be located on a major or collector street, preferably at an intersection having a traffic light or shall abut a multi-family or non-residential development.
C. The character of the location and development must be designed to provide a residential environment for the protection of the children from the traffic, noise, and other hazards of the area and/or the arterial street location.
D. When located in a residential district, the building and site shall be designed and constructed to minimize any negative impacts on the surrounding residential area.
E. When located in a residential district, access drives shall be located no less than 100 feet from an intersection.
(3) A child care center may be operated as an accessory use to a place of worship, school or other public or semi-public facility in compliance with the requirements of subsection (e)(1). However, the Planning Commission and Council may determine that a child care center located on the same site as a place of worship, school or other public or semipublic organization does not, because of the volume of activity, constitute an accessory use and shall therefore require the child care center to comply with the requirements of subsection (e)(2).
(4) A Type B child day-care home, as defined in the Zoning Ordinance, is considered a residential use of property for zoning purposes and shall be permitted by right in all residential zoning districts.
(f) Family Home for Handicapped Persons. In a Residential District a family home for handicapped persons as defined in this Zoning Ordinance may be permitted provided such use is in compliance with the following:
(1) The persons residing in such residential home shall live as a single housekeeping unit in a single dwelling unit and maintain said home as their sole, bona fide, permanent residence. The term “permanent residence” means:
A. The resident intends to live at the dwelling on a continuing basis; and,
B. The resident does not live at the dwelling in order to receive counseling, treatment, therapy or medical care.
(2) Prior to a handicapped person commencing residence in the home, either the applicant or the placement agency shall certify that it has determined that the resident is handicapped as defined in 42 U.S.C. § 3602(h) and that the resident can function adequately in a community residential setting. The applicant or the placement agency shall have a continuing duty to provide such certification to the Planning Commission for each handicapped person who resides in the home after a conditional use certificate is granted;
(3) The applicant shall demonstrate that adequate qualified supervision will exist in the home on a 24 hour per day basis;
(4) No handicapped resident shall be permitted to have a bedroom on the third floor of the residence;
(5) In order to maintain the single-family residential character of the area in which the family home is located, the applicant is required and shall agree that upon termination of this conditional use for any reason the applicant shall restore the premises to a condition in which it is marketable as a single-family dwelling, unless ownership and/or possession of the premises is transferred to a person(s) who has obtained a similar conditional use certificate for the premises;
(6) Signs or other means of identification as a family home for handicapped persons shall not be permitted;
(7) The applicant shall comply with the applicable parking regulations of the Zoning Ordinance for the type of residential structure used by the residential home and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors;
(8) In considering whether to grant the conditional use certificate, Planning Commission and Council shall take into consideration the proximity and location of other such homes for handicapped persons within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use, but in no event shall such a family home be closer than 2,000 feet from where another such home for handicapped persons is located;
(9) Evidence shall be presented that the proposed facility meets the certification, licensing, or approval requirements of the appropriate state agency. Failure to maintain such licensure, certification or other approval requirements shall result in immediate revocation of the home's conditional use certificate;
(10) The residential home shall meet local fire safety requirements for the proposed use and level of occupancy.
(11) Conversion of an existing dwelling to a family home shall require that the dwelling be brought into conformity with existing City regulations.
(g) Group Home for Handicapped or Elderly Persons and Other Congregate Living Facilities. Congregate living facilities may be permitted in an R-4 Residence District provided that:
(1) The facility shall accommodate no more than 12 beds per acre.
(2) All applicable provisions of the fire code shall be met and certification of such compliance by the appropriate official shall accompany the application.
(3) Evidence shall be presented that the proposed facility meets the certification, licensing, or approval requirements of the appropriate state agency. Failure to maintain such licensure, certification or other approval requirements shall result in immediate revocation of the home's conditional use certificate;
(4) The applicant shall comply with the applicable parking regulations of the Zoning Ordinance for the type of residential structure used by the residential home and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors;
(5) In considering whether to grant the conditional use certificate, Planning Commission and Council shall take into consideration the proximity and location of other such homes for handicapped persons within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use, but in no event shall such a family home be closer than 2,000 feet from where another such home for handicapped persons is located;
(6) Residents shall either be handicapped as defined by the Zoning Ordinance or be 62 years of age or older.
(h) Hospitals, Clinics, Sanitariums, Convalescent Home, Homes for the Aged, and Nursing Homes. Health care facilities may be permitted in an R-4 Residential District in compliance with the following:
(1) Such facilities shall comply with the applicable regulations in the building code.
(2) The density shall not exceed 25 patients per acre.
(3) Such uses shall be located adjacent to a major street or at an intersection with a major street, or abutting a commercial district.
(4) Access drives shall be located no less than 100 feet from an intersection.
(i) Accessory Buildings on Large Lots. In a Residential District, an accessory building larger than permitted by the regulations set forth in the district regulations may be permitted in compliance with the following:
(1) The accessory building shall have a maximum area of three percent of the lot area or 2,000 square feet, whichever is less and shall not exceed 80% of the total floor area of the dwelling.
(2) On lots with an area of one acre to less than three acres, such accessory building shall be permitted in the rear yard.
(3) On lots with an area of three acres or more, such accessory building shall be permitted in the side or rear yard.
(4) Such accessory building shall be located no less than 10 feet from a side or rear lot line, plus 1 foot for every 2 feet of building length greater than 20 feet, of the nearest building wall which is most parallel to the corresponding side or rear lot line, except as required for structures housing animals as set forth in Section 1149.18.
(j) Accessory Office Uses in the R-4 District. In compliance with the goals and purposes of the R-4 Residential District, limited development of office uses may be conditionally permitted as an accessory use to a single-family dwelling located on a lot with frontage along Main Street (S.R. 91) in compliance with the following:
(1) At all times the residential use of the property shall be maintained as the principal use on the lot and any office use shall be accessory thereto.
(2) The uses permitted shall be limited to administrative, business, professional and medical offices.
(3) The accessory office use shall occupy no more than 100 percent of the ground floor area of the dwelling. The area of an attached garage shall not be included for the purpose of calculating floor area.
(4) All activities, including the storage of equipment, supplies or apparatus used in the accessory office use shall be carried on entirely within the dwelling, and no use of a garage, accessory building or outdoor area shall be permitted.
(5) Employee and customer parking for the proposed office use shall be accommodated on site behind the building line, in a side or rear yard.
(6) The proposed use shall not constitute a fire hazard endangering the site and/or adjoining properties. There shall be no storage of hazardous, combustible or flammable matter, accumulation of rubbish or waste paper, or storage of cartons and/or boxes situated in a manner that would endanger life or property in case of an actual fire. Proposed accessory office uses are subject to an annual inspection by the Zoning Inspector, City Engineer and Fire Inspector (or their representatives) to ensure that the established standards and limitations set forth for accessory office uses are complied with.
(7) Notwithstanding the provisions of this section, all accessory office uses shall comply with all applicable building code requirements.
(k) Ambulance and Emergency Medical Services. Ambulance services and other emergency medical services may be permitted in a C-1 District in compliance with the following:
(1) Outdoor storage of ambulances and other vehicles used in the operation of the principal use may be permitted provided such storage areas shall be located in the rear yard in off-street parking areas. Such parking areas shall be hard surfaced and screened in compliance with Section 1131.06.
(2) Such uses shall be located in an area least disruptive to pedestrian and vehicular traffic.
(l) Automatic Teller Machine. An automatic teller machine which is located on the outside of a principal building; in a lobby or entrance of a principal building and which is accessible during non-regular business hours; or enclosed separately in a freestanding building, may be permitted in a C-1 and T-C District in compliance with the following:
(1) Such facility should be located so as to be the least disruptive to pedestrian and vehicular traffic;
(2) There shall be adequate and safe standing space for persons waiting to use the facility;
(3) The Division of Police has determined that the location of the proposed ATM would not constitute a traffic safety hazard;
(4) The Planning Commission and Council may require additional parking spaces, if deemed necessary, than otherwise required for the principal use.
(m) Establishments Selling Alcohol. For establishments selling alcohol, the Planning Commission and Council may impose restrictions on the hours such establishment is open for business.
(n) Bars, Taverns, Nightclubs. Bars, taverns and nightclubs may be permitted in a C-1 and T-C District in compliance with the following:
(1) The Planning Commission and Council may impose restrictions on the hours such establishment is open for business.
(2) Such establishment shall be located a minimum of 250 feet from a dwelling or residential district.
(3) All activities shall take place in a fully enclosed sound-resistant building, with closed windows and double-door entrances that provide a sound lock.
(o) Hotels and Motels. Hotels and motels may be permitted in a C-1 District in compliance with the following:
(1) Lighting shall not shine on adjacent property or pose a hazard to traffic movement.
(2) Shall be located on a major street.
(p) Drive-Thru and Drive-In Facilities. Drive-thru and drive-in facilities may be permitted in a C-1 and T-C District in association with a permitted or conditionally permitted use as set forth in the regulations of the district in which such facility is proposed and shall be regulated according to the following:
(1) Such facilities shall be located on a major street in an area least disruptive to pedestrian and vehicular traffic.
(2) Loud speaker systems shall be approved as part of the site plan and shall not create a nuisance for adjacent properties.
(3) Access drives shall be 100 feet from an intersection; one access drive per street frontage shall be permitted; and interconnecting circulation aisles between parcels shall be provided.
(4) The Planning Commission and Council may impose restrictions on the hours of operation.
(q) Veterinary Offices and Animal Clinics. A veterinary office or animal clinic may be permitted in a C-1 and I-1 District provided there shall be no kennels or facilities for the boarding of animals except to allow indoor overnight lodging only as necessary for animals receiving medical attention.
(r) Outdoor Display and/or Outdoor Storage. The outdoor storage and/or display of goods, supplies and equipment may be permitted in a C-1, I-1 and T-C District in compliance with the following:
(1) The outdoor storage of goods, supplies and equipment used in the operation of the principal use shall:
A. Be located only in the rear yard;
B. Comply with the principal building setbacks established for the district in which the principal use is located;
C. Be screened in compliance with the district regulations.
(2) The outdoor display of goods for sale shall:
A. Comply with principal building setbacks established for the district in which the principal use is located;
B. Not be located in areas intended for traffic circulation according to the site plan.
(s) Gasoline Station. In C-1 and T-C District, a gasoline station, with or without associated convenience retail store, may be permitted in compliance with the following:
(1) Such use shall be located at the extremity of the district or at an intersection to cause the least interference with pedestrian and vehicular traffic.
(2) Gasoline service stations shall conform to all setback requirements of the district in which they are permitted except that gasoline pump islands need not conform to the required setbacks but shall be set back from all street right-of-way lines at least twenty feet. Lubrication, washing and other incidental servicing of motor vehicles and all supply and merchandise storage shall be completely within an enclosed building except as provided elsewhere herein.
(3) Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare that would constitute a nuisance to any residential district or hazard to traffic on any public thoroughfare.
(4) Ingress and egress driveways shall be limited to two on any one street, shall be separated from each other by at least twenty feet, and shall be separated from the intersection of any two street right-of-way lines by at least twenty feet and from the intersection of any other property line with any street right-of-way line by at least ten feet. The parking of employee vehicles and vehicles waiting to be serviced or returned to customers following service shall be parked in areas indicated for such parking on the approved site plan.
(5) Not more than eighty square feet of ground area may be used for the outdoor storage of discarded materials, automobile parts, scrap and other waste prior to their collection and subsequent disposal. Such storage areas shall be completely obscured from view from any point off the site by a masonry wall not less than five feet in height. Such storage area shall not be located between the principal building and any street right-of-way line and shall be made structurally a part of the principal building or shall be located a distance from the principal building not greater than ten feet.
(6) Outdoor display of merchandise other than rental trailers, trucks or other vehicles regulated elsewhere herein shall be confined to pump islands and to one other display area or display and storage structure conforming to all building set back lines and not exceeding in ground coverage fifty square feet nor exceeding eight feet in height nor separated from the principal building by a distance greater than ten feet.
(7) The rental of utility trailers and trucks and the storage of utility trailers and trucks offered for rent shall be permitted in conjunction with a gasoline service station only upon compliance with the following conditions:
A. Storage areas for rental trailers and trucks shall conform to all building setback lines;
B. Storage areas shall be screened from any abutting land zoned for residential purposed by fencing and/or landscaping considered by the Planning Commission to constitute an effective visual screen;
C. Storage areas shall be clearly separated from and shall not interfere with areas approved on the site plan for vehicular circulation, automobile servicing, and vehicular parking areas necessary and incidental to the primary purpose of the gasoline service station operation;
D. Storage areas shall be permitted only on paved portions of the site.
(t) Car Wash. A car wash may be permitted in a C-1 District provided that all washing shall occur within the building. A car wash may be combined with a gasoline station provided all standards for gasoline stations are maintained.
(u) Automobile Repair Garage and Other Similar Auto Oriented Businesses. A repair garage or similar use may be permitted, with or without associated convenience retail store, in an C-1 District in compliance with the following:
(1) All work shall be performed entirely within an enclosed building; all storage of supplies, parts and merchandise shall be within an enclosed building except as provided elsewhere herein.
(2) The parking of employee vehicles and vehicles waiting to be serviced or returned to customers following service shall be parked in areas indicated for such parking on the approved site plan.
(3) Not more than eighty square feet of ground area may be used for the outdoor storage of discarded materials, automobile parts, scrap and other waste prior to their collection and subsequent disposal. Such storage areas shall be completely obscured from view from any point off the site by a masonry wall not less than five feet in height. Such storage area shall not be located between the principal building and any street right-of-way line and shall be made structurally a part of the principal building or shall be located a distance from the principal building not greater than ten feet.
(4) Outdoor display of merchandise other than rental trailers, trucks or other vehicles regulated elsewhere herein shall be confined to one display area or display and storage structure conforming to all building set back lines and not exceeding in ground coverage fifty square feet nor exceeding eight feet in height nor separated from the principal building by a distance greater than ten feet.
(5) The rental of utility trailers and trucks may be permitted provided such accessory use complies with Section 1141.05(r)(7).
(v) Automobile Sales/Rental. In a C-1 District, the sale or rental of trucks and boats may be permitted provided that :
(1) Vehicles may be stored outside provided the storage area is adequately screened in compliance with Section 1131.06.
(2) All work on vehicles, including but not limited to cleaning, servicing and repair, shall be done only inside a suitable service building.
(3) Such uses may be combined with other automotive uses if the total lot area equals the sum of the areas required for each use.
(w) Indoor and/or Outdoor Commercial Recreation. Indoor and/or outdoor commercial recreation facilities may be permitted in a C-1 and T-C District in compliance with the following:
(1) The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises. In order to minimize any effects of the above, the Planning Commission and Council may require all applicable surface areas to be paved, and impose additional noise reduction measures to assure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District.
(2) All active recreation areas shall be enclosed by a fence having a minimum height of six feet.
(3) Access drives shall be located at least 100 feet from an intersection.
(4) All structures including lighting fixtures shall have a maximum height of 35 feet.
(5) Rifle ranges, skeet shooting ranges, pistol ranges and other uses involving the use of fire arms shall not be permitted, unless contained within a soundproof structure.
(x) Governmentally Owned and Operated Service and Maintenance Facility. In C-1 and I-1 District, a public service and maintenance facility may be permitted provided that all buildings, storage areas and substations shall be at least 100 feet from a dwelling or boundary of a residential district or shall be adequately screened.
(y) Conversion of Residential Structures. In a C-1 or T-C District, the conversion of a residential structure to a commercial use may be permitted in compliance with the following:
(1) Statements from the City Engineer, Building Official, Planning Director, City Fire Marshal, and County or State Health Department shall be submitted indicating that the building meets or can be safely converted to meet the codes and regulations which are under the control of these persons or departments.
(2) The residential use of the structure shall be prohibited once such structure is converted to a commercial use.
(z) Other Manufacturing Uses. Other manufacturing uses which are not injurious, obnoxious or offensive by reason of emission of waste water, odor, dust, fumes, vibration, smoke, gas or noise and which do not involve the manufacture, processing, fabrication or distribution of explosives, the slaughtering of animals, or stockyards may be permitted in an Industrial District in compliance with the following:
(1) Proposed locations should offer natural or man-made buffers;
(2) Hazardous operations shall be completely surrounded with a minimum six foot high security fence; City Police and Fire Departments shall be advised of any hazardous operations or materials and shall approve of such.
(3) Truck routes shall be established to minimize hazards and damage to other properties;
(4) Laundry and cleaning plants, printing and publishing, foundries, machine shop, vehicle and equipment repair services, truck terminals and other manufacturing activities which create objectionable noise shall be located no closer than 100 feet to any Residential District.
(aa) Expansion of a Permitted Industrial Use. In the T-C District, a permitted industrial use (as set forth in Section 1137.02) may expand the amount of building floor area or site area devoted to such use provided such expansion is in compliance with the following:
(1) The building floor area or site area used or occupied by the industrial use may be expanded in area equal to a maximum of 30 percent of the floor area or site area occupied by such use on the effective date of the Zoning Ordinance.
(2) The use of an industrial building may be changed to a permitted or conditional use as set forth in Section 1137.02. Whenever an industrial building is reoccupied by a nonindustrial use, such building shall not thereafter be reoccupied by an industrial use.
(bb) Gas and Oil Wells. Such uses shall be conducted not closer than 200 feet from any R-District boundary. Where the I-1 District abuts upon but is separated from an R-District by a street, the width of the street may be considered as part of the required setback. The construction, operation, and maintenance of such uses shall be such that they will not be hazardous, noxious or offensive due to the emission of odor, dust, smoke, cinders, gas fumes, noise, vibration, refuse matters or water carried wastes.
(1) A general statement regarding the method to be employed and the type of equipment or machinery, if any, involved therewith.
(2) The approximate dates within which the work will be commenced and completed.
(3) The applicant is capable of, and will furnish a performance bond in the minimum amount of fifteen hundred dollars ($1,500) for each acre involved, or fraction thereof, if the Conditional Zoning Certificate is granted.
(4) Evidence must be given that a state permit has been obtained.
(5) Such uses shall conform with all applicable rules and regulations set forth in the Codified Ordinances of the City of Munroe Falls.
(1) All loudspeaker systems shall be approved by Planning Commission and Council and shall not create a nuisance for adjacent properties.
(2) Lighting shall not shine on adjacent property and shall not pose a hazard to traffic movement. The Planning Commission and Council may limit the height of lighting fixtures.
(3) The Planning Commission and Council may require any outdoor activity area to be fenced to minimize traffic hazards.
(4) Public swimming pools shall comply with the following:
A. All pools shall be located within an enclosed structure or completely surrounded by a fence or wall having a height not less than four feet six inches.
B. All fences and other pool enclosures shall be constructed so as to have no openings, holes, or gaps larger than three inches in width, except for doors, gates and windows which shall be equipped with suitable locking devices to prevent unauthorized access. Access secured accessory buildings and walls of principal buildings may be used in place of or as part of the enclosure.
C. Above-ground pools having vertical surfaces of at least four feet six inches above the finished grade shall be required to have fences, enclosures and secured gates only where access may be had to the pool.
D. Ponds, lakes and streams to be utilized for public swimming purposes shall be fenced or secured at those locations presenting hazards to potential users and adjacent major residential developments or concentration areas for children. Hazardous locations include banks approaching, entering, and extending into the water at slopes exceeding a ratio of one foot vertical to three feet horizontal.
(Ord. 28-01. Passed 9-18-01.)