(a) Apartments Located in an Historic Single-Family Dwelling. In a C-3 District, accessory apartments may be permitted in an historic single-family dwelling when the following requirements are met:
(1) The single-family dwelling shall maintain its single-family appearance and shall be occupied by the owner of the dwelling.
(2) A maximum of two accessory apartment units may be permitted to be in a single-family dwelling or accessory carriage house, provided that the single-family dwelling shall have adequate floor area so that, after the creation of the accessory apartment unit(s), the main unit shall have a minimum dwelling unit floor area of 1,200 square feet and each accessory apartment unit shall have a minimum dwelling unit floor area of 500 square feet. There shall be no independent dwelling units on a third floor.
(3) The combined total number of parking spaces required for all units shall be provided, and all parking spaces shall be accommodated in the side or rear yard and shall be screened from view from adjacent single-family residences.
(4) The original design elements of the single-family dwelling shall not be significantly or noticeably changed by alteration to incorporate an accessory apartment within the dwelling. Any alterations to single-family dwellings in Historic Districts or on the local or national register shall comply with the Historic District guidelines.
(5) The accessory apartment units may be located in an historic carriage house or barn.
(6) If an exterior stairway is desired or required, it shall be constructed as a compatible design element.
(7) If the owner sells the property, the new owner must occupy either the main unit or one of the accessory apartment units, or the accessory apartment unit(s) shall be vacated within 120 days from the date the property is purchased.
(8) For the purpose of this section, the term “historic” means constructed prior to 19 .
(b) Agricultural Uses. Agricultural uses may be permitted in D-1 and D-2 Dwelling Districts, provided the conditional use complies with the following:
(1) Apiculture, horticulture, floriculture, and viticulture shall be permitted on any size lot, provided that buildings and structures accessory to an agricultural use shall be on a lot having a minimum area of five acres.
(2) Dwellings shall conform to the minimum lot width and setback requirements specified in Chapter 1240.
(3) Buildings, and structures accessory to a permitted agricultural use and any fenced enclosure in which animals are kept shall be no less than 100 feet from any lot line. A perimeter fence shall be permitted, provided such fence does not constitute a corral or fenced area used for the purpose of containing such animals.
(c) Animal Clinics and Veterinary Offices. An animal clinic or veterinary office may be located in a C-3 District, provided the following conditions are met:
(1) The building or portion of a building in which such use is located must employ adequate soundproofing and odor control measures.
(2) The boarding of animals shall be restricted to allow lodging only as necessary for animals receiving medical attention.
(d) Bed and Breakfast. A bed and breakfast (B&B) may be permitted as a conditional use in a D-1, D-2, or D-3 Residential District, the Commercial Districts, or the MUPD District in compliance with the following:
(1) In determining whether to grant a conditional use permit for a B&B, the Planning Commission shall consider the following location and site guidelines:
A. It is preferable to locate B&Bs in single-family detached dwellings located on major streets to minimize disruption to established neighborhoods on local streets.
B. A B&B may be considered on a local street but only when the dwelling is situated on a lot large enough and with sufficient landscaping/screening, to minimize disruption to surrounding residents.
(2) Such use shall comply in all respects with all applicable health and safety ordinances and regulations, and the premises shall be available for inspection by the City of Olmsted Falls Building and Safety Departments.
(3) The B&B owner shall both reside on the premises, which shall be his/her primary residence, and be the operator of the facility.
(4) A maximum of four (4) guest rooms shall be permitted, with at least one bathroom for every two (2) guest rooms. These bathrooms shall be distinct from, and in addition to, the owner/operator’s bathrooms.
(5) The maximum length of stay for any guest shall be seven days in any 30- day period.
(6) Off-street parking shall be provided as follows:
A. One parking space per guest room, which shall be in addition to the spaces required in Section 1270.04(a)(1) for the owner/operator. In the event the existing dwelling and lot do not conform to Section 1270.04(a)(1) of this Planning and Zoning code, the establishment of a B&B shall not be permitted unless the required parking for both the dwelling and the B&B is provided in compliance with this Planning and Zoning Code.
B. The total number of owner and guest parking spaces shall not be expanded so as to exceed the number of spaces required pursuant to Section 1270.04.
C. The required guest parking spaces shall be located in the rear or side yard and shall be constructed in accordance with 1270.10(f). Off-site spaces may be permitted if expressly approved by the Planning Commission. Screening may be required for the guest parking spaces.
D. The additional parking for guests shall not impede access to other required parking spaces, including those for the owner/operator.
(7) The operator of the B&B shall keep a register, which shall be open to inspection by the Olmsted Falls Departments of Building and Safety. Such register shall contain the following:
A. Name and signature of the individual renting the room.
B. Total number of occupants of the room.
C. Number or description of the room assigned to the guest.
D. Make, Model, and license plate number of the guest’s vehicle.
E. Date and time of check-in.
F. Date and time of check-out.
(8) The operator of a B&B shall abide by any other provisions deemed necessary by the Planning Commission to promote the general health, safety, and welfare of the municipality and its inhabitants.
(9) An operating license is required: See 1264.03(c).
(10) Signs: The owner/operator of the B&B shall be entitled to display a sign identifying his or her dwelling as a B&B. The sign shall comply with Section 1272.03(c)(6) Nameplate Signs of the Planning and Zoning Code.
(e) Churches and Places of Worship and Public, Private, and Parochial Schools. In a dwelling, professional, or MUPD 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 may require (when appropriate) all outdoor children's activity areas to be completely fenced to minimize traffic hazards.
(Ord. 24-97. Passed 10-14-97.)
(f) Communication Towers. (EDITOR'S NOTE: Subsection (f) was repealed by Ordinance 89-99, passed December 14, 1999. See Chapter 1271.)
(g) Family Home for Handicapped Persons. In any dwelling district, a family home for five to eight handicapped persons, as defined in this Planning and Zoning Code, 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 residents intend to live at the dwelling on a continuing basis as their sole place of residence; and
B. The residents do not live at the dwelling for the primary purpose of receiving 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 Zoning Administrator 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 twenty-four-hour per day basis.
(4) In order to maintain the single-family residential character of the area in which the family home is located, the applicant 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.
(5) Signs or other means of identification of the building/dwelling as a family home for handicapped persons shall not be permitted.
(7) In considering whether to grant the conditional use permit, the Planning Commission shall take into consideration the proximity 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 a family home be closer than 1,500 feet from another family home or group home for handicapped persons.
(8) Evidence shall be presented that the proposed facility meets the certification, licensing, or approval requirements of the appropriate State agency. Failure to maintain such license, certification, or other approval requirements shall result in immediate revocation of the home's conditional use certificate.
(9) The residential home shall meet local fire safety requirements for the proposed use and level of occupancy.
(10) The conversion of an existing dwelling to a family home shall require that the dwelling be brought into conformity with existing City regulations.
(h) Golf Courses. In any Dwelling or MUPD District, public or private golf courses may be permitted subject to the following:
(1) Access drives shall be at least 100 feet from an intersection.
(2) Vehicular access to such uses shall be located on a major street.
(i) Group Home for Handicapped Persons. Group homes for at least nine handicapped persons may be permitted in a D-4 Single-Family Attached Dwelling District and in a D-5 Multi-Family Dwelling District, provided that:
(1) The facility shall accommodate no more beds per acre than specified as follows:
A. In a D-4 Single-Family Attached Dwelling District, the minimum land area per bed shall be 1,500 square feet.
B. In a D-5 Multi-Family Dwelling District, the minimum land area per bed shall be 1,000 square feet.
(2) All applicable provisions of the Fire Prevention 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 license, certification, or other approval requirements shall result in immediate revocation of the facility's conditional use certificate.
(4) In considering whether to grant the conditional use permit, the Planning Commission shall take into consideration the proximity and location of other such facilities 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 a group home or congregate living facility be closer than 2,000 feet from where a family home or group home for handicapped persons or congregate living facility is located.
(Ord. 89-99. Passed 12-14-99.)
(j) Indoor Commercial Recreation Facilities. Indoor commercial recreation facilities may be permitted in a C-2 District in compliance with the following:
(1) The proposed use shall not generate excessive noise beyond the premises. In order to minimize any effects of the above, the Planning Commission may require additional noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District.
(2) The hours of operation may be regulated by the Planning Commission.
(k) Manufacturing, Compounding, Processing, Assembling, or Packaging of Goods Utilizing Raw Materials. Manufacturing, compounding, processing, assembling, or packaging of goods utilizing raw materials may be permitted in an I-2 District in compliance with the following:
(1) For the purpose of this Section, raw materials shall include any unprocessed natural product intended to be processed or used in or for a manufacturing, compounding, assembling, or packaging process.
(2) The operator of the use shall submit documentation indicating compliance with all applicable state and federal regulations.
(3) All aspects of such use shall be located a minimum of 300 feet from any existing residential district or use.
(4) All buildings shall be located a minimum of 100 feet from any front, side, or rear lot line.
(5) The outdoor storage of raw materials shall not be permitted.
(6) Additional screening consisting of plant material, fences, or walls may be required by the Planning Commission to adequately minimize potential impacts on neighboring properties or to screen activities from adjoining residential uses or public streets.
(l) Mini/Self Storage Facility. Mini/self storage facilities may be permitted in an I-2 District in compliance with the following:
(1) The leases for all self-storage units shall include clauses prohibiting the following:
A. The storage of flammable liquids or of radioactive, highly combustible, explosive, or hazardous materials.
B. The storage of living creatures.
(2) The Olmsted Falls Fire Department shall be provided with 24-hour access to the grounds.
(3) The maximum size of individual storage compartments shall be 500 square feet. (Ord. 75-2005. Passed 10-11-05.)
(m) Nurseries and Commercial Greenhouses. Nurseries and commercial greenhouses shall comply with the following additional requirements:
(1) The use shall be located on an arterial or collector street, and truck traffic onto local residential streets shall be avoided.
(2) Access drives shall be at least 100 feet from an intersection.
(3) Produce, in approved stands (Section 1264.05(w)), and nursery products may be displayed and sold outside an enclosed building if specific areas dedicated to such sales are approved by the Planning Commission.
(Ord. 14-2010. Passed 4-13-10.)
(n) Nursery Schools, Child Day-Care Centers and Adult Day-Care Centers. A nursery school, child day-care center, or adult day-care center may be permitted in Dwelling Districts and Professional Districts subject to the following:
(1) In D-1, D-2, D-3, and D-4 Dwelling Districts, such use shall only be permitted in a place of worship or school facility and shall comply with the following:
A. Outside activity areas shall be fenced for the protection of the patrons;
B. Parking spaces required for the facility shall be on the same lot as the principal use; and
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 patrons;
(2) In a D-5 Multi-Family Dwelling District and in P or C Districts, such use shall comply with the requirements of paragraphs (l)(1)A., B., and C. above and with the following:
A. Access drives shall be located no less than 100 feet from an intersection; and
B. The location and design of the facility shall provide for the protection of the patrons from the traffic, noise, and other hazards of the area and/or the arterial street location.
(3) A child day-care home, as defined in this Planning and Zoning Code, is considered a residential use of property for zoning purposes and shall be permitted in accordance with Section 1240.11.
(o) Nursing Care Facilities and Senior Residential Facilities.
(1) When located in a D-4 or D-5 District, senior residential facilities shall accommodate no more beds per acre than specified as follows:
A. In a D-4 Single-Family Attached Dwelling District, the minimum land area per bed shall be 1,500 square feet.
B. In a D-5 Multi-Family Dwelling District, the minimum land area per bed shall be 1,000 square feet.
(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) The development plan shall indicate the emergency entrances or exits and other safety precautions.
(p) Offices Located in an Existing Building. In any Dwelling District, certain types of public and semi-public offices may be permitted to occupy an existing residential structure when in compliance with all of the following conditions:
(1) The purpose of this provision is to recognize that some existing residential structures have certain overriding factors which make it unlikely that such structures will continue to be occupied with the permitted single-family use or other, more conventional, conditional uses typically located in residential neighborhoods. Therefore, in order to encourage the preservation of such structures, certain alternative economic uses may be permitted to occupy such structures, provided that such reoccupancy preserves and enhances the community's heritage and character. The use of this provision should only be considered when the above is true and rezoning the property to accommodate the office uses would not achieve the preservation objectives and other objectives of this Zoning Code;
(2) The types of offices that may be permitted shall be limited to the following: Municipal, County, State, or Federal offices; offices of philanthropic institutions; and private administrative or professional offices;
(3) These uses shall be permitted only when the Planning Commission determines that the application of the provisions of this subsection will benefit the health, safety, and welfare of the residents of the same to a greater extent than either redevelopment of the property under its current zoning or development under some other zoning classification, and when the Planning Commission further determines that reasonable efforts have been made by the owner to occupy the structure according to alternative permitted principal or conditional uses; and
(4) Such office use(s) shall be permitted only in existing buildings that have a minimum floor area of 2,000 square feet and were constructed prior to 1950. Offices may be permitted in structures which do not meet the previous requirements if the structure has unique characteristics which the Planning Commission, with the recommendation of the Architectural Board of Review, determines are significant and should be preserved through such occupancy.
(q) Outdoor Commercial Recreation Facilities. Outdoor commercial recreation facilities may be permitted in a C-2 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 may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping, and sound barriers, 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 five feet, unless a different enclosure is approved by the Planning Commission;
(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 thirty-five feet;
(5) Rifle ranges, skeet shooting ranges, pistol ranges, and other uses involving the use of fire arms shall not be permitted;
(6) Public restrooms shall be provided and maintained; and
(7) The hours of operation may be regulated by the Planning Commission.
(r) Outdoor Storage Yards. The regulations in this subsection pertain to all outdoor storage, including the outdoor storage of fleet vehicles that are parked and/or stored on-site during non-business hours, but not including new and used auto sales facilities. Outdoor storage yards in association with a principal use may be permitted conditionally in C-2 and I-2 Districts subject to the following:
(1) All areas to be devoted to outdoor storage shall be clearly indicated on the site plan;
(2) Outdoor storage yards shall:
A. Be located in the rear yard unless Planning Commission determines that placement in the side yard is less detrimental to affected properties;
B. Comply with the building setbacks for the principal use as specified for the district in which such use is located, except as set forth below;
C. Be located a minimum of 300 feet from a residential district or use. When the lot on which the outdoor storage yard is located is separated from the residential district or use by railroad tracks, the setback shall be measured from the railroad right-of-way line abutting the residential district or use.
D. Be effectively screened from any observer’s view at grade level on an adjoining road or residential premises, pursuant to Section 1274.01;
(3) Outdoor storage yards shall not be located in areas intended for traffic circulation and/or fire equipment access;
(4) The requirements of the performance standards of Section 1274.14 shall be met;
(5) The area of the lot devoted to outdoor storage shall not exceed 25% of the ground floor area of the principal building(s).
(6) Outdoor storage of bulk materials and/or raw materials shall not be permitted.
(s) Private Membership Recreation Facilities. Public or Private Parks. and Other Similar Recreational Facilities. In any Dwelling or MUPD District, public or private parks and recreational facilities of a non-commercial nature may be permitted, subject to the following:
(1) Swimming pools, tennis courts, and similar recreation facilities which are not publicly owned, as defined in Section 1204.03(b), shall be open to only residents of the surrounding residential development or homeowners association;
(2) All loudspeaker systems shall be approved by the Planning Commission and Council and shall not create a nuisance for adjacent properties;
(3) Lighting shall not shine on adjacent property and shall not pose a hazard to traffic movement;
(4) Courts or other outdoor activity areas shall not be located within any required yard;
(5) The Planning Commission may require any outdoor activity area to be fenced to minimize safety and traffic hazards; and
(6) Public and membership 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. Such pools shall comply with the following:
A. All pools shall be located within an enclosed structure or completely surrounded by a fence in compliance with Section 1274.12;
B. Access to a public or membership pool shall be provided only from a secondary or major street.
(t) Public Utilities. Public utilities, including transmission rights-of-way and substations, may be permitted in any district, subject to the following requirements:
(1) In dwelling districts, utility transmission 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 man-made barriers to lessen any intrusion into residential areas.
(3) In Dwelling Districts, no garage, shed, or storage yard shall be permitted. In all other districts, except the C-2 and I-2 Districts, storage of materials shall be within a completely enclosed building. In the C-2 and I-2 Districts, outdoor storage may be permitted.
(4) Substations shall be at least 100 feet from a dwelling when located in a Dwelling District, or 100 feet from a residential district when located in a P, C, L or MUPD District, or adequately screened, as determined by the Planning Commission.
(5) Such uses shall not be objectionable as to noise, odor, vibration, electrical interference, or any other disturbance.
(u) Adult Entertainment Businesses. The City has determined that permitting adult entertainment businesses, as defined in Section 1204.03(b)(5A), in proximity to residential, institutional and non-adult entertainment business oriented retail uses would have a detrimental effect on such adjacent uses. It has been demonstrated that adult entertainment businesses have been known to cause undesirable secondary effects on residential and institutional uses, particularly those where children are present, as well as on adjacent non-adult entertainment business oriented retail uses. Therefore, in order to prevent potential deterioration in retail areas in the City, and to avoid potential adverse impacts on residential and institutional uses, particularly those where children are present, thereby protecting the public health, safety and welfare, adult entertainment businesses shall be permitted only in the “I” Industrial Districts, subject to the following requirements:
(1) A commercial establishment may have other principal business purposes that do not involve offering for sale or rental materials depicting or describing specified sexual activities or specified anatomical areas, or materials designed for use in connection with specified sexual activities, and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such a commercial establishment from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is offering for sale or rental for consideration the specified materials, which are characterized by the depiction or description of specified sexual activities or specified anatomical areas or which are designed for use in connection with specified sexual activities.
(2) Adult entertainment businesses shall be located in accordance with the following distance requirements:
A. A minimum of 1,000 feet from the boundaries of any lot containing a church, a library, a public park or playground, a day care center, a school or any other institution where children are regularly to be found day or night;
B. A minimum of 350 feet from any residentially zoned parcel in the City or any adjacent community; and
C. A minimum of 1,000 feet from any other adult entertainment business. (Ord. 89-99. Passed 12-14-99.)
(v) Home Occupation, Type B. A Type B Home Occupation may be permitted as a conditional use.
(1) Such conditional use may be allowed provided that:
A. The Type B Home Occupation is conducted only in a single- or two- family dwelling and does not interfere with the residential use of any non-applicant; and
B. One non-resident employee and/or customers come to the home only between the hours of 8:00 a.m. and 9:00 p.m. Monday through Saturday, and 12:00 noon and 6:00 p.m. Sunday and customers come to the home by pre-arrangement only; and
C. Off-street parking to meet the standards specified in Section 1270 is available onsite; and
D. The Type B Home Occupation does not generate substantially more pedestrian or vehicular traffic than that generated by a residential use.
(2) A Conditional Use Permit issued pursuant to this subsection 1264.05(v) shall expire thirty-six (36) months after the date of issuance. (Notwithstanding anything in this Chapter or this Section to the contrary, if the Commissioner determines that a permit holder seeking renewal of a permit issued pursuant to this Section remains in compliance with the conditions of said permit, the Commissioner may issue such renewal).
(Ord. 75-2005. Passed 10-11-05.)
(w) Produce Stands. For the purpose of this Planning and Zoning Code, in addition to meeting the general criteria stated in Section 1264.02, produce stands shall be regulated as follows:
(1) The produce to be sold shall be limited to fresh raw fruits and vegetables for human consumption. The produce shall have been locally grown, and shall be offered for sale only during the June 1 to October 31 time period, inclusive.
(2) The stands for the display and sale of the products shall be of a stable structure able to withstand local normal wind loads but of a temporary nature and in place only during the approved period for the sale of the products. Only one such stand is permitted and the maximum area of the structure shall be 100 square feet. The design shall be submitted for approval with the application. Displays or sales from trucks, trailers, or additional tables outside the stand shall not be permitted.
(3) Areas devoted to the produce stand shall comply with all building setbacks and yard regulations for the district in which they are located as set forth in this code, except as otherwise stated. The method of providing for parking and/or movement of customer vehicles shall be defined in the application.
(4) The hours of operation shall be only from sunrise to sunset.
(5) One sign only is allowed and it shall be temporary, structurally sound, and attached to the stand structure. The maximum area shall be 4 square feet.
(6) The space for such temporary sales shall be kept free of litter and debris and all refuse shall be removed each evening at the close of business. All products displayed or stored shall be kept at least six inches off the ground at all times. At the end of the permitted sale period, the space shall be restored to its original condition.
(7) The applicant shall submit the structural design of the stand, the design and location of the sign, if any, the hours and period of operation, and the site plan including the traffic pattern, to the Planning Commission for approval. Prior to approval, the Planning Commission shall refer requests for produce stands to the abr for comment according to Chapter 1444.
(8) A permit (other than for produce stands to be located at nurseries and greenhouses, for which see Section 1264.05(m)) shall be obtained from the Zoning Administrator. Only one such permit shall be issued for any one time period for any property or business location, and sales from the produce stand shall be conducted only by the owners or lessees of the property or the primary business at the location and/or their employees.
(Ord. 14-2010. Passed 4-13-10.)