In addition to the other requirements of this chapter, the following conditional uses shall meet additional requirements. The Planning Commission may vary any requirements it determines to be an unnecessary hardship on the property owner and in the best interest of the City:
(a) (EDITOR’S NOTE: Former subsection (a) was repealed by Ordinance 00-30AC, passed April 17, 2000.)
(b) VEHICLE SALES, SERVICE, RENTAL, LEASING
The following regulations, in addition to those stated at 1355.09, shall apply to conditional use permits for vehicle sales, service, rental, or leasing.
(1) Outdoor storage or parking areas for vehicles for sale, rent, lease, serviced or to be serviced, or in storage shall be paved with asphalt or concrete and shall not be located closer to the public right-of-way than ten (10) feet. The area between the right-of-way and the vehicle parking or storage area shall be landscaped according to the approved site plan.
(2) The application shall specifically state the types and maximum number of the vehicles to be sold, service, rented, or leased, including automobiles, vans, trucks (pickup, light hauling, semi tractors, etc.).
(3) All repair, testing, cleaning, and other service activities shall be performed within an enclosed building unless the nature and location of such activities outdoors are specifically described in the approved site plan.
(4) All door openings in all structures shall be identified in the site plan and shall be located to direct equipment noise away from nearby residential areas.
(5) Temporary outdoor storage of discarded materials, vehicle parts, scrap and other waste shall only be permitted within a storage area completely surrounded by a gated masonry wall six (6) feet in height or other screening approved by the Planning Commission. Such screening shall be set back from residential districts at least six (6) feet and landscaped according to the approved site plan. Damaged or partially dismantled vehicles shall only be stored in locations screened from view from adjoining properties and public rights-of-way.
(6) Exterior loudspeakers shall not be permitted.
(c) FILLING STATION, SERVICE STATION, GAS STATION
The following regulations, in addition to those stated at 1355.09
, shall apply to conditional use permits for a filling station.
(1) Parking of employee vehicles, vehicles used in the operation of the business, vehicles awaiting servicing or return to customers after servicing, and vehicles held for disposal shall only be permitted in the locations approved on the site plan. Parking and storage of vehicles not related to the principal use of the site shall not be permitted.
(2) Vehicle sales, service, rental, or leasing shall not be permitted on the site unless specifically approved in the conditional use permit and subject to the supplementary requirements listed for Vehicle Sales, Service, Rental, Leasing.
(3) Retail sales of products other than vehicular fuels shall be permitted only within an enclosed structure which shall comply with all provisions of the district, including requirements for parking. Outdoor display, storage, or sale of goods shall not be permitted on the site unless specifically approved in the conditional use permit and in conformance with the supplementary standards for outdoor display, storage, and sale.
(4) Temporary outdoor storage of discarded materials, vehicle parts, scrap and other waste prior to collection shall only be permitted within a storage area completely surrounded by a gated masonry wall six (6) feet in height or other screening approved by the Planning Commission. Such screening shall be set back from residential districts at least six (6) feet and landscaped according to the approved site plan.
(5) Fuel pumps and canopies shall conform to all requirements of this ordinance with regard to height, setbacks, and signs.
(6) Air compressor pumps (e.g., for tire inflation) and other outdoor equipment shall be identified on the site plan and shall be located in a manner which minimizes noise impacts on residential areas.
(7) Curb cuts shall be limited to two per site. On corner lots, curb cuts shall be limited to one per street.
(d) DRIVE-IN ESTABLISHMENT
The following regulations, in addition to those stated at 1355.09, shall apply to conditional use permits for a drive-in establishment.
(1) Loudspeakers shall be located and designed, with volume and hours of operation controlled, in a manner to minimize noise impacts on nearby residential uses.
(2) Lanes required for vehicle access to and waiting for use of a drive through or drive up facility shall be designed to have sufficient length to accommodate the peak number of vehicles projected to use the facility at any one time, to provide escape/abort lanes for vehicles desiring to leave the stacking lanes or to avoid disabled vehicles, and to minimize impacts on the use of other required parking or drives or on the use of abutting streets and hazards to pedestrians. The applicant shall provide a traffic study which documents to the satisfaction of the Planning Commission the projected vehicular use of the proposed facilities and evidence of compliance with the provisions of this Zoning Ordinance.
(3) The Planning Commission may impose restrictions on the hours of operation in order to reduce inappropriate impacts on abutting uses and on street traffic and to ensure compatibility with normal vehicular activity in the district.
(4) The applicant shall so design the site plan or otherwise provide assurances as to reduce the impacts of lighting, litter, noise, and exhaust resulting from the facility, especially impacts on nearby residential uses.
(e) PLACE OF WORSHIP, CHURCH, OR SCHOOL
The following regulations, in addition to those stated at 1355.09, shall apply to conditional use permits for churches or schools.
(1) Paved areas, such as parking lots, playgrounds, and vehicle loading or storage areas, but not including access driveways, shall not be located closer than fifty (50) feet to any side or rear lot line of the site.
(2) No church building or other main or accessory building shall be located closer than fifty (50) feet to any side or rear lot line of the site. All structures shall be located in conformance with the approved site plan.
(3) No residential use or cemetery shall be permitted on the same site as the main use of church or school unless specifically authorized by the Planning Commission and otherwise listed as a permitted use in the district.
(4) Churches and schools shall be located on thoroughfares suitable to serve the traffic volumes generated by the proposed use.
(5) A place of worship shall only be used for local purposes of the congregation of the organization and shall not be used or operated in connection with a business, except for the renting of rooms for a use that provides a service to the community, such as day care or other classes on a not-for-profit basis.
(f) BED AND BREAKFAST INN
The following regulations, in addition to those stated at 1355.09, shall apply to conditional use permits for a bed and breakfast inn.
(1) The applicant shall specify the maximum number of overnight guests which shall be served on any one night and the maximum number of rooms which shall be made available to such guests.
(2) A bed and breakfast inn shall comply in all respects with local ordinances. The Residential Building Official and Fire Chief shall submit written reports to the Planning Commission indicating that they have reviewed the proposal and whether they have found it to comply with requirements of the building, housing, and fire codes, especially with regard to plumbing requirements, area and ventilation requirements, health, safety, and sanitation, egress, fire extinguisher, exit signs, exterior lighting, and other applicable requirements.
(3) A bed and breakfast inn shall only be permitted on a lot and in a building which complies in all respects with the requirements of the zoning district for lot area, lot width, and building setbacks.
(4) Site improvements such as trees, shrubs, planting beds, and lawns shall be installed and maintained on the bed and breakfast inn site in a manner consistent with good quality residential landscape design in order to ensure consistency with and a positive contribution to the aesthetic character of the neighborhood. Such improvements shall be detailed on the site plan for approval by the Planning Commission.
(5) An area, surrounded by a fence or other material as approved on the site plan, shall be provided for exterior storage of waste containers. No other exterior storage, except for automobiles, bicycles, and seasonal outdoor furnishings, shall be permitted.
(6) All on-site service walks and street sidewalks shall be installed, repaired, and maintained in sound and safe condition.
(7) The exterior condition of all surfaces and appurtenances of all structures on the property shall be maintained in sound condition, including but not limited to sound and complete roof shingles, sound and weatherproof paint or siding, complete and functioning windows and doors.
(8) A bed and breakfast shall not be established on a lot on which is situated any other dwelling or use.
(g) OUTDOOR SALES, STORAGE, OR DISPLAY
The following regulations, in addition to those stated at 1355.09, shall apply to conditional use permits for outdoor sales, storage, or display.
(1) Outdoor sales, storage, or display shall only be permitted in areas identified on the approved site plan. No such activity shall be located closer than fifty (50) feet to a residential zoning district boundary or road right-of-way abutting any residential zoning district or within ten (10) feet of any road right-of-way. Such activities shall not occupy any required parking area or driveway.
(2) Any outdoor sales, storage, or display area located closer than 100 feet to a residential district shall, if determined to be visible from such district, be screened by a landscape buffer strip or other means indicated on the approved site plan.
(3) Illumination of outdoor sales, storage, or display areas shall be designed to prevent glare or direct light from the illumination source into residential areas.
(4) Outdoor displays shall be maintained in a neat and orderly fashion. Signs shall comply with this Zoning Ordinance. Waste material shall be contained within a storage area completely surrounded by a gated masonry wall six (6) feet in height or other screening approved by the Planning Commission. Such screening shall be set back from residential districts at least six (6) feet and landscaped according to the approved site plan.
(5) The site plan submitted with an application for a conditional use permit shall indicate the types of merchandise to be displayed, and, if applicable, any seasonal changes of display.
(6) Outdoor repair, preparation, cleaning, assembly, disassembly, or other similar activities shall not be permitted unless the nature and location of such activity is specifically identified in the application and approved by the Planning Commission.
(h) MINI-STORAGE FACILITY
The following regulations, in addition to those stated at 1355.09, shall apply to conditional use permits for a mini-storage facility.
(1) All storage shall be within an enclosed building unless the nature and location of outdoor storage has been specifically approved by the Planning Commission in conformance with the supplementary regulations for outdoor sales, storage, or display.
(2) Loading and unloading areas shall be paved and shall be located only as approved by the Planning Commission.
(3) A minimum of five (5) parking spaces shall be provided near the leasing office. Sufficient space shall be provided in the paved lanes serving the storage units to accommodate on-site movement of vehicles and the parking and loading/unloading of the trucks, vans, trailers, and automobiles of persons using the units.
(4) An on-site leasing office shall be provided.
(5) Fencing of the perimeter shall be provided as determined by the Planning Commission in a manner which promotes security and presents an appropriate appearance to abutting properties.
(6) A landscaped setback area of at least twenty-five feet in width shall be provided along any lot line of the subject site which abuts a residential area. This area shall not be covered by buildings, parking or drives.
(7) Door openings facing residential areas shall not be permitted unless approved by the Planning Commission.
(8) Activities on the site shall be limited to the storage of property only. Other activities, such as the operation of tools, rummage sales, temporary residency, shall be prohibited unless specifically permitted by the Planning Commission.
(9) Hours of operation shall only be as approved by the Planning Commission, after consideration of the impact of the proposed use upon the character, safety, and tranquillity of the neighborhood.
(Ord. 96-82 AC. Passed 9-16-96.)
(i) Wireless And Cellular Telecommunications Facilities. In recognition of the quasi-public nature of cellular and/or wireless telecommunication systems, it is the purpose of these regulations to: accommodate the need for cellular or wireless telecommunications towers and facilities for the provision of personal wireless/cellular services while regulating their location and number in the City of Oberlin; minimize adverse visual effects of telecommunication towers and support structures through proper siting, design, and screening; to minimize the adverse impacts that telecommunication facilities may have on the health, safety and welfare of the City of Oberlin; to avoid potential damage to adjacent properties from telecommunication tower and support failure; and encourage the joint use of any new and existing telecommunication towers and support structures to reduce the number of such structures in the future.
(1) Special application requirements. In addition to the provisions of this Chapter for applications for conditional use permits, the following shall be required for a conditional use permit application for a wireless or cellular telecommunication facility:
A. A plot plan including, in addition to the requirements of Chapter 1355, the following:
1. The total area of the property.
2. The existing zoning of the site and all adjoining properties.
3. All public and private rights-of-way and easements located on the property.
4. The location of all existing buildings and structures on the property; all buildings or structures and uses within 500 feet of the tower site; and the proposed location of the wireless/cellular communication tower and all wireless/cellular communication support structures including dimensions, heights, and, where applicable, the gross floor areas.
5. The location and dimensions for all curb cuts, driving lanes, off-street parking spaces, grades, surfacing materials, drainage plans, illumination of the facility, and landscaping.
6. The location of all proposed fences, screening and walls.
7. Any other information as may be required by the Planning Commission.
B. A report prepared by a licensed professional engineer documenting the height, design, proof of compliance with nationally accepted structural standards, and a description of the tower’s capacity, which shall include the number and types of antennae it can accommodate.
C. For the purpose of demonstrating the necessity for the erection of any new telecommunication tower, any applicant requesting permission to install a new tower shall provide evidence of written communication with all other wireless/cellular service providers who supply service within a one mile radius of the proposed facility requesting use of the other providers' towers for collocation of the applicant's antennae. The contacted provider shall be requested to respond in writing to the inquiry within thirty days. The applicant's letter(s) as well as the responses received shall be presented to the Planning Commission to demonstrate the need for a new tower.
D. The applicant shall also provide evidence of written communication with owners of nearby tall structures within a one mile radius of the proposed tower site, asking permission to install the wireless/cellular antennae on those structures. Tall structures shall include, but not be limited to: smoke stacks, water towers, buildings over fifty feet in height, other communication towers, and roadway light poles.
E. The facility owner/operator shall present a maintenance plan demonstrating responsibility for the site.
F. The applicant shall provide a copy of a permanent easement or appropriate leasehold estate providing for access to the tower site. The access to the tower site must be maintained regardless of other development that may take place on the site.
G. The communication company must demonstrate proof to the City that the company is licensed by the Federal Communications Commission (FCC).
(2) Requirements for telecommunication facilities. The requirements below, subsections (i)(2)A. through O., in addition to those stated at Section 1355.09
, shall apply to conditional use permits for wireless or cellular telecommunications facilities.
A. Wireless or cellular telecommunication sites shall be located at least 1000 feet from any residential zoning district.
B. The required setback between the base of the tower or any guy wire anchors and any property line shall be forty percent (40%) of the tower's height or fifty feet, whichever is greater.
C. The maximum height of a telecommunication tower shall be 200 feet. The maximum height of the equipment building shall be thirty- five feet.
D. Maximum size of an equipment building shall be 750 square feet.
E. The minimum lot size and area restriction shall be the same as permitted for any other use in the (M-1) Light Industrial District.
F. A security fence eight feet in height with barbed wire around the top shall completely surround the tower, the equipment building and any guy wires
G. Towers and antennae shall be designed to withstand wind gusts of at least 100 miles per hour.
H. The tower shall be painted in a non-contrasting gray or similar color to minimize its visibility, unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).
I. No advertising is permitted anywhere on the facility.
J. Buffer planting shall be located around the perimeter of the security fence as follows: An evergreen screen shall be planted that consists of either a hedge or evergreen trees that shall provide a minimum of seventy-five percent (75%) opacity year round.
K. The tower shall not be artificially lighted except to assure safety or as required by the FAA.
L. Warning signs shall be posted around the facility with an emergency telephone number of whom to contact in the event of an emergency.
M. The owner/operator of any telecommunications facility shall design such facility so that additional service providers may add their antennae, platforms, and associated hardware to the structure at a later date. The owner/operator shall negotiate in good faith with other providers for the collocation of other service providers’ antennae at the facility, shall cooperate with the City of Oberlin in identifying other wireless/cellular service providers for the purpose of negotiating sub-lease agreements for collocation of other service providers' antennae at the facility, and shall not interfere or hinder service providers from utilizing the facility.
N. Where possible, an antenna or tower for use by a wireless/ cellular service provider shall be attached to an existing structure or building. A new wireless communication facility shall not be erected if there is a technically suitable space for a wireless communication facility available on an existing wireless communication tower or other suitable structure within the applicant's search area. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing structure or that bona fide efforts to negotiate location on structures have been rejected.
O. Any owner of a tower whose use will be discontinued shall submit a written report to the Planning Commission indicating the date on which such use shall cease. If at any time the use of the facility is discontinued for 180 days (excluding any dormancy period between construction and the initial use of the facility), the Commission may declare the facility abandoned. The tower owner and the owner of the property upon which the tower is located shall receive written instruction from the Commission to either reactivate the use within 180 days or dismantle and remove the facility.
If reactivation does not occur within said period, the City may thereafter proceed to remove the facility and assess the costs of removal to the owner as well as certify those costs to the County Auditor as a lien against the property.
In addition to the foregoing requirements, the following standards, subsections (i)(2)P. through S. shall apply to conditional use permits for wireless or cellular telecommunications facilities permitted on a property with an existing use.
P. The existing use on the property may be any permitted use or lawful nonconforming use in the M-1 Light Industrial District, and said use need not be affiliated with the wireless/cellular telecommunication provider.
Q. The telecommunication facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance.
R. The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.
S. Subsequent to approval of a conditional use permit for a telecommunication tower, the owner shall submit building permit applications to the City for any additional antennae proposed to be placed on the tower. Such permit applications may be approved by the Planning and Development Director, except that he/she may refer such applications to the Commission if he/she determines that such additions do not conform with the Conditional Use Permit.
(j) Farmers’ Markets. The following regulations, in addition to those stated in Section 1355.09, shall apply to conditional use permits for a farmers’ market:
(1) A farmers’ market shall only operate within the months, days and hours specified by the Planning Commission in order to ensure that it is a seasonal market.
(2) A minimum setback distance of ten feet is required from the public street right-of-way line and twenty-five feet from any residentially zoned property. Notwithstanding these setback requirements, nothing in this regulation shall preclude the operation of a farmers’ market within a public right of way or on publicly-owned land if approved by Council.
(3) The applicant shall specify the number of vendor spaces on the application form and on a site plan drawing, and the number of spaces shall be such as to not create overcrowding.
(4) All activities relating to the operation of the farmers’ market shall be conducted on an improved surface.
(5) The applicant shall specify the types of goods offered for sale and they shall be restricted to grown or baked goods produced by the vendor.
(6) Commercially manufactured goods or products shall not be offered for sale.
(7) Any signage shall be restricted to a maximum display area of twenty-five square feet and any sign must be set back a minimum distance of ten feet from a public street right of way.
(8) The use of loudspeakers and amplified music shall be prohibited.
(9) Proof of liability insurance shall be provided to the City.
(Ord. 99-35AC. Passed 6-7-99.)
(k) SIMILAR USES
The following regulations, in addition to those stated at 1355.09, shall apply to uses requested to be interpreted as similar uses and requested for approval of a conditional use permit:
(1) The Planning Commission shall consider the information submitted with regard to the use requested to be interpreted as a similar use and shall determine if such use is or is not similar based on the following standards:
(a) Such use is not listed in any other district as a permitted use;
(b) Such use has characteristics and impacts consistent with those of one or more of the permitted uses in the district; and such use has characteristics and impacts more consistent with those of the permitted uses of the subject district than with the permitted uses of any other district;
(c) The establishment of such use in the district will not significantly alter the nature of the district;
(d) Such use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare, traffic, or other objectionable impacts or influences to an extent greater than normally resulting from permitted uses listed in the subject district;
(e) Such use does not typically require site conditions or features, building bulk or mass, parking areas, or other requirements dissimilar from permitted uses; and the typical development of site and buildings for such use is compatible with those required for permitted uses and can be constructed in conformance with the standard regulations for height, lot dimensions, setbacks, etc. of the district.
The Planning Commission shall make a recommendation to City Council that a proposed use should be or should not be determined to be a similar use for the subject district. City Council shall consider the recommendation of the Commission and shall determine that the proposed use either is or is not a similar use for the subject district. The effect of a determination that a proposed use is a similar use shall be to make such use a conditional use for the subject district.
(2) Subsequent to a determination by City Council that the proposed use is a similar use, the Planning Commission shall consider the application for a conditional use permit and take action in the manner required by this ordinance.
(Ord. 96-82 AC. Passed 9-16-96.)
(l) LIMITED CONVERSION OF SINGLE-FAMILY DWELLING
The following regulations, in addition to those stated in Section 1355.09, shall apply to conditional use permits for the limited conversion of a single-family dwelling:
(1) The subject property shall have the minimum lot frontage and area specified for the zoning district in which the property is located without exception for lots recorded prior to the passage of this Zoning Ordinance (Ordinance No. 430 AC, passed on November 29, 1965.)
(2) The minimum required number of off-street parking spaces shall be provided on the subject property.
(3) The proposed conversion shall be in compliance in all respects with regard to local ordinances. The Residential Building Official and Fire Chief shall submit written reports to the Planning Commission indicating that they have reviewed the proposal and whether they have found it to comply with the requirements of the Building, Housing and Fire Codes.
(4) Site improvements such as trees, shrubs, planting beds, and lawns shall be installed and maintained on the lot in a manner consistent with good quality residential landscape design in order to ensure consistency with and a positive contribution to the aesthetic character of the neighborhood. Such improvements shall be detailed on the site plan for approval by the Planning Commission.
(5) An area, surrounded by a screen fence or other material as approved on the site plan, shall be provided for exterior storage of waste containers. No other exterior storage, except for automobiles, bicycles, and seasonal outdoor furnishings, shall be permitted.
(6) Off-street parking spaces shall be screened from the view of abutting properties through landscape plantings or opaque fencing.
(7) All on-site service walks and street sidewalks shall be installed, repaired, and maintained in sound and safe condition.
(8) The exterior condition of all surfaces and appurtenances of all structures on the property shall be maintained in sound condition, including but not limited to sound and complete roof shingles, sound and weatherproof paint or siding, complete and functioning windows and doors.
(m) TWO-FAMILY DWELLINGS
The following regulations, in addition to those stated in Section 1355.09, shall apply to conditional use permits for the use, conversion or construction of a two- family dwelling:
(1) The subject property shall have the minimum lot frontage and area specified for the zoning district in which the property is located without exception for lots recorded prior to the passage of this Zoning Ordinance (Ordinance No. 430 AC, passed November 29, 1965.)
(2) The minimum required number of off-street parking spaces shall be provided on the subject property.
(3) Any two-family use shall be in compliance in all respects with regard to local ordinances. The Residential Building Official and Fire Chief shall submit written reports to the Planning Commission indicating that they have reviewed the proposal and whether they have found it to comply with the requirements of the Building, Housing and Fire Codes.
(4) Site improvements such as trees, shrubs, planting beds, and lawns shall be installed and maintained on the two-family dwelling property in a manner consistent with good quality residential landscape design in order to ensure consistency with and a positive contribution to the aesthetic character of the neighborhood. Such improvements shall be detailed on the site plan for approval by the Planning Commission.
(5) An area, surrounded by a screen fence or other material as approved on the site plan, shall be provided for exterior storage of waste containers. No other exterior storage, except for automobiles, bicycles, and seasonal outdoor furnishings, shall be permitted.
(6) Off-street parking spaces shall be screened from views of abutting properties through landscape plantings or opaque fencing.
(7) All on-site service walks and street sidewalks shall be installed, repaired, and maintained in sound and safe condition.
(8) The exterior condition of all surfaces and appurtenances of all structures on the property shall be maintained in sound condition, including, but not limited to sound and complete roof shingles, sound and weatherproof paint or siding, complete and functioning windows and doors.
(Ord. 11-22 AC CMS. Passed 4-18-11.)
(n) COMMERCIAL PV/SOLAR FARM IN THE M-1 LIGHT INDUSTRIAL DISTRICT.
The following regulations, in addition to those stated in Section 1355.09, shall apply to a conditional use permit for a commercial PV/solar farm in the M-1 Light Industrial District:
(1) Application for conditional use permit shall include: a plot plan and elevation illustrations indicating the locations of all structures and site utilities, drainage, and landscaping; maintenance plan; and decommissioning plan;
(2) Shall be enclosed by perimeter fencing to restrict unauthorized access
(3) Signs shall be installed warning of hazards and identifying the entity responsible in case of emergency.
(4) Power lines shall be installed underground to the extent practicable.
(5) A landscape plan designed to screen views of a PV System shall be provided with the intent of mitigating visual impacts on abutting property in residential districts. (Ord. 21-70AC CMS. Passed 11-15-21.)
(o) CHILD DAY CARE CENTER OR TYPE A CHILD DAY CARE HOME IN A RESIDENTIAL DISTRICT.
The following regulations, in addition to those stated in Section 1355.09 shall apply to conditional use permits for a Type A Child Day Care Home and Child Day Care Center in a residential district:
(1) The applicant shall provide evidence of peak traffic demand and the sufficiency and safety of on-site drop-off/loading facilities.
(2) There shall be at least one hundred (100) feet separation between fenced outdoor play areas and adjacent lots in residential districts.
(3) For a child day care center, the applicant shall provide evidence satisfactory to the Planning Commission that the proposed use is accessory to or secondary to the main use of the structure.
(4) For a child day care center, the applicant shall provide evidence satisfactory to the Planning Commission that the proposed use will be located in an existing structure owned, operated, and used by an educational, religious or similar non-profit entity and that the center will be conducted by the property-owning entity in a manner accessory to or secondary to the main use of the structure.
(5) Use shall be subject to site plan review and approval.
(Ord. 21-76AC CMS. Passed 12-20-21.)