1141.03 CONDITIONAL USE WHEN REQUIRED; REGULATIONS.
   (a)    Conditional use shall be required and permissible only where so identified in Section 1145.01 or as may be otherwise provided in this Planning and Zoning Code. Exception may only be obtained upon approval of a variance; moreover, a conditional use permit shall be required, regardless of meeting general zoning, to include, but not be limited to:
      (1)   Uses, as determined by the Zoning Administrator, as being of such nature that the use may give rise to unique problems with respect to their impact on neighboring property because of their bulk or intensity of use;
    (2)    Multiple uses or structures on a single lot;
             (3)    The substantial alteration or change in direction of a previously approved site as determined by the Zoning Administrator;
               (4)    Borrow pits must have a minimum parcel size of five (5) acres and a site plan required to be submitted as part of the conditional use permit application;
      (5)    Artificial lakes, ponds, or reservoirs must have a site plan required to be submitted as part of the conditional use permit application; and,
      (6)    Planned developments.
      
   (b)   Conditional Use Regulations.
      (1)   Manfactured Home Park & Site Standards.
         A.   A manufactured home park shall be considered only if the proposed development area contains five or more acres. The site shall not be within the flood plain, or in an area subject to unpredictable or sudden flooding.
         B.   The ground surface and all parts of a manufactured home park shall be graded and provided with storm sewers.
         C.   All streets within the parks shall be hard-surfaced with asphaltic or standard concrete.
         D.   Manufactured home parks shall be provided with an 80-foot front setback and 40-foot side and rear yard setbacks. A planting screen maintained at least seven (7') feet in height shall be provided in all setback areas. A seven (7) foot high decorative fence may be installed in lieu of the required planting screen.
         E.   All developments shall have engineered plans and procedures and demonstrate proper plats.
         F.   Applications for a manufactured home park conditional use permit shall be filed with the Zoning Administrator and shall include the following:
A survey by an Ohio registered land surveyor of the zoning lot proposed for use, including the entire area proposed to be used for manufactured home park purposes, and the location of each manufactured home stand indicating compliance with the regulations of Ohio R.C. Ch. 3733.
         G.   The manufactured home park development shall be examined and evaluated by the Planning Commission in the terms of conformance with the regulations stated herein, and may recommend approval only after a determination has been made that the proposed development complies with the regulation of this section.
      (2)   Junk Yard And/or Salvage Yard/ Recycling Centers Site Standards.
         A.   A junk yard and/or salvage yard or recycling centers shall be a minimum of ten acres.
         B.   A junk yard and/or salvage yard or recycling centers premises shall be provided with a front yard setback of 70 feet, a side yard setback of 100 feet, and a rear yard setback of 100 feet. A solid wall of not less than ten (10') feet in height shall enclose the entire perimeter of the junk yard and/or salvage yard operation.
         C.   All driveways leading to the junk yard and/or salvage yard and/or recycling centers operation shall be provided with asphaltic or standard concrete from the public street to the fenced area.
         D.   All junk yard or salvage yard or recycling center developments shall have engineered plans and procedures and demonstrate proper plats.
         E.   Applications for a junk yard and/or salvage yard or recycling centers conditional use permit shall be filed with the Zoning Administrator containing the following information:
            1.   A survey by an Ohio registered land surveyor of the zoning lot proposed for use, including the entire area proposed to be used for junk yard and/or salvage yard and/or recycling centers purposes.
            2.   A site plan indicating the arrangement and location of each permanent building proposed to be constructed on the site. The site plan shall also include outside storage and the perimeter wall and planting areas proposed to be installed for screening purposes.
         F.   The junk yard and/or salvage yard and/or recycling centers development plan shall be examined and evaluated by the Planning Commission in the terms of conformance with the regulations stated herein, and may recommend approval only after a determination has been made that the proposed development complies with the regulation of this Planning and Zoning Code. The regulation of salvage yards shall be in accordance with State Code except where this Planning and Zoning Code may supersede.
      (3)   Accessory Outdoor Storage and Site Standards.
         A.   Accessory outdoor storage may be considered only if the storage area is located ten (10') feet behind the front of the principal building on the premises.
         B.   The stored materials shall be screened from public view by means of dense landscaping or a decorative fence or wall. Such fence or wall shall not exceed a height of eight (8') feet.
         C.   No product shall be manufactured or assembled within the open storage area.
         D.   All developments shall have engineered plans and procedures and demonstrate proper plats.
         E.   Applications for accessory outside storage conditional use permit shall be filed with the Zoning Administrator containing the following information:
            1.   A survey by an Ohio registered land surveyor of the zoning lot proposed for use, including the entire area proposed to be used for outside storage purposes.
            2.   A site plan indicating the arrangement and location of the outside storage facility. The site plan shall also include all accessory buildings and all fencing or landscape planting proposed to be installed on the premises.
            3.   The accessory outdoor storage development plan shall be examined and evaluated by the Planning Commission in the terms of conformance with the regulations stated herein, and may recommend approval only after a determination has been made that the proposed development complies with the regulations of this Planning and Zoning Code.
         F.   Exception. This provision governing outside storage does not apply to outside storage that is determined by the Zoning Administrator has not giving rise to unique problems with respect to their impact on neighboring property because of their bulk or intensity of use.
      (4)   Flood Plain District Conditional Uses.
         A.   New buildings or major additions to existing buildings shall be constructed with the lowest floor elevation three feet above flood height. Basements shall not be approved with openings below the flood height elevation.
         B.   Any structures permitted shall be so located as to offer minimum obstruction to the flow of water.
         C.   Filling and re-grading land shall be permitted if the proposed filling and grading is approved by the Ohio Department of Natural Resources.
         D.   All developments shall have engineered plans and procedures and demonstrate proper plats.
         E.   Being an overlay district, setbacks shall apply in the district in which the flood plain is overlayed, unless modified.
      F.   Applications for a flood plain conditional use permit shall be filed with the Zoning Administrator containing the following information:
            1.   A survey by an Ohio registered land surveyor of the zoning lot proposed for use, including the entire area proposed to be used for the development.
            2.   A site plan indicating the arrangement and location of each building on the premises. The site plan shall also include a topographic survey having contour lines shown on a five foot interval.
            3.   The flood plain development requests shall be examined and evaluated by the Planning Commission in the terms of conformance with the regulations stated herein, and may recommend approval only after a determination has been made that the proposed development complies with the regulation of this Planning and Zoning Code.
   Nothing in this section shall be construed to limit the Planning Commission from imposing other conditions not listed herein.
(Ord. 074-10. Passed 12-20-10.)