(a) Auto Convenience Stores, Automobile Service Centers and Gasoline Service Stations.
(1) Minimum Lot Area: Twenty Thousand (20,000) square feet.
(2) Minimum Lot width: One hundred feet (100’).
(3) Maximum Building Coverage of Total Lot Area: Fifty percent (50%).
(4) Underground storage tanks shall be placed above the floor surface of a below grade vault. Such underground storage tanks shall be located no less than fifty feet (50’) from the property line of any residential use. Said vault shall allow access for physical inspection of the tank for leakage and the interior of the vault shall be continuously monitored and alarmed to provide for automatic and immediate detection of any release from the tank.
Underground storage tanks shall further meet the Bureau of Underground Storage Tank requirements of Section 1139.02, “Wellhead Protection Overlay District”.
(5) Buildings and storage areas shall be screened from adjacent residential property lines by a continuous and obscuring year-around greenbelt twenty feet (20’) in width, and six (6) feet in height along those side and rear yards abutting a residential district or development.
(6) All pump islands shall be located at least twenty-five feet (25’) from the street right-of-way line.
(7) The surfaced area for motor vehicle storage shall be paved with asphalt or concrete.
(8) All curb cuts shall be located no less than one hundred feet (100’) from a street intersection, measured from the street right-of-way lines or the boundary lines of abutting residential districts. Curb cuts shall be limited to a specific number as approved by the City Planning Commission. Curb cuts shall not be more than twenty-four feet (24’) in width.
(9) All repairs shall be conducted within an enclosed building.
(10) No vehicles shall be stored on the premises except those which are currently being worked on.
(b) Automotive Car Washes.
(1) All buildings and activity areas shall be located fifty feet (50’) from all residential property lines.
(2) Stacking space shall be provided outside the public right-of-way for the storage of at least twenty (20) motor vehicles.
(3) Curb cuts shall be located at least seventy-five feet (75’) from any street intersection, measured from the street right-of-way lines.
(4) The discharge of wastewater shall meet the industrial pre-treatment standards of the Mansfield Wastewater Treatment Plant.
(c) Churches, Synagogues, Temples for Religious Worship.
(1) Minimum Lot Area: Two (2) acres.
(2) Maximum Building Coverage of Total Lot Area: Twenty five percent (25%).
(3) Minimum Lot Width: One hundred feet (100’).
(4) Minimum Yard Setbacks:
A. Front Yard: Thirty feet (30’)
B. Each Side Yard: Fifteen feet (15’)
C. Rear Yard: Forty feet (40’)
(5) Maximum Building Height: Three (3) stories.
(6) No loudspeakers shall be allowed outside of any building nor shall they be permitted to be used inside any building in such a manner that they are designed or intended to be used to broadcast outside any building.
(7) All exterior lighting shall be shielded so as not to shine onto adjoining properties.
(8) Points of ingress and egress shall be available only from major or collector thoroughfares and all driveways shall exit onto such streets.
(9) All points of ingress and egress shall be located no closer than one hundred feet (100’) from the intersection of two streets.
(d) Day Care Centers, Nurseries, Day Schools.
(1) A minimum of one hundred and fifty (150) square feet per child shall be maintained in outdoor play area, in addition to the area required in connection with any off -street parking lot. A total minimum area of five thousand (5,000) square feet of outdoor space shall be provided and screened from any adjoining residential property line by a fence or greenbelt, fifteen feet in width and six (6) feet in height.
(e) Golf Courses.
(1) Golf courses may include those features which are customarily associated with such uses such as clubhouses, pro-shops and restaurants.
(2) Minimum Lot Size: Fifty (50) acres.
(3) All buildings and other structures shall be meet the following minimum setback requirements:
A. Front Yard: One hundred feet (100’).
B. Each side Yard: Fifty feet ( 50’).
C. Rear Yard: One hundred feet (100’).
(4) Off-street parking lots shall be provided and constructed in accordance with the requirements set forth in Section 1145.18, “Off-Street Parking Requirements”, Section 1145.19, “Off Street Parking Space Layout, Construction and Maintenance Standards”, and Section 1145.20, “Off-Street Loading and Unloading”.
(6) Outside loudspeakers shall be prohibited.
(7) No buildings shall exceed twenty-five feet (25’) in height.
(8) A permanent year around greenbelt six feet (6’) in height shall be required along those lot lines abutting an R-Residential District.
(Ord. 01-50. Passed 12-6-01.)
(f) Housing for the Elderly.
(1) Apartment units shall not exceed a height of two (2) stories or twenty-five feet (25').
(2) All housing for the elderly shall be provided as a planned development consisting of at least five (5) acres and may provide the following:
A. Cottage type dwelling or apartment type dwellings.
B. Core services including, but not limited to, food service, housekeeping, escort services, personal counseling, social and recreational facilities, lounges, assembly halls and workshops.
C. Outdoor sitting areas of at least five hundred (500) square feet equipped with benches, landscaping and semi-active game courts.
(3) All dwellings shall consist of at least five hundred and fifty (550) square feet of floor area per dwelling unit. At least five percent (5%) of the total number of dwelling units shall be available for the physically challenged person or family and shall include features required to accommodate a wheel chair.
(4) Total building coverage shall not exceed twenty-five percent (25%) of the net site area, exclusive of any public or private right-of-way or utility easement.
(5) No building shall be closer than forty feet (40') from any property line.
(6) Points of ingress and egress shall be provided from a major arterial or collector thoroughfare designated as a bus route.
(8) Garbage and refuse shall be placed in containers, which shall be concealed by means of a screening wall of material similar to and compatible with that of the building and landscape to provide a permanent screen during all times of the year.
(9) The entire site shall be treated so as to service only the residents of the development and any accessory uses, buildings, or other structures developed solely for the use of residents of the main buildings.
(Ord. 02-26. Passed 5-16-02.)
(g) Mini-Warehouses.
(1) Mini-warehouses shall only be permitted in the GI General Industrial District as set forth in Section 1137.07(c), “Conditionally Permitted Uses”.
(2) Mini-warehouses shall be allowed in B-Business Districts as set forth in Section 1137.05(c), “Conditionally Permitted Uses”.
(3) Storage items shall not include volatile liquids or substances such as oil, gasoline or other hazardous materials.
(4) Compartmentalized storage units shall not be used for the operation of any on-site or off-site business or industry.
(Ord. 22-28. Passed 5-18-22.)
(h) New and Used Car Dealerships.
(1) All buildings and off street parking spaces used for exhibiting automobiles for sale or lease shall be setback a minimum of ten feet (10’) from the street right-of-way line.
(2) Exterior lighting shall be provided according to the requirements set forth in Section 1145.09, “Exterior Lighting”.
(3) Outside loudspeakers shall be prohibited.
(i) Private Schools.
(1) Minimum Lot Area: Two (2) Acres
(2) Maximum Building Coverage: Twenty Five percent (25%)
(3) Minimum Lot Width: One hundred feet (100’)
(4) Minimum Yard Setbacks:
A. Front Yard: Thirty feet (30’)
B. Each Side Yard: Fifteen feet (15’)
C. Rear Yard: Forty feet (40’)
(5) Maximum Building Height: Three (3) stories in height.
(6) A fifteen foot wide greenbelt in accordance with the regulations set forth in Section 1145.12, “Greenbelts”, shall be provided around those sides abutting onto a residential area.
(7) Exterior lighting shall not shine directly onto adjacent properties.
(8) A minimum of one hundred and fifty square feet of outdoor play area shall be provided and maintained for each child, separate from off-street parking lots. No less than five thousand (5,000) square feet of outdoor play area shall be provided on the property.
(j) Private Swimming and/or Tennis Clubs.
(1) Minimum Lot Area: Three (3) acres.
(2) The front, side and rear yards shall be at least eighty feet (80’) wide, and shall include a greenbelt fifteen feet (15’) in width provided in accordance with the greenbelt requirements set forth in Section 1145.18, “Greenbelts.”
(3) Points of ingress and egress will be directly onto as major arterial or collector thoroughfare and all driveways shall exit onto such streets.
(4) All points of ingress and egress shall enter the street right-of-way at a point that is at least one hundred feet (100’) from the intersection of two streets.
(5) Exterior lighting shall be shielded so as not to shine onto adjacent residential properties.
(6) No loudspeakers shall be allowed outside of any building nor shall they be permitted to be used inside any building in a manner that they are designed or intended to be used to broadcast outside of such buildings.
All structures and activity areas shall be located at least eighty feet (80’) feet from all property lines.
(7) All off-street parking lots shall not project into any yard and shall further be screened from adjacent residential areas by a greenbelt fifteen feet (15’) in width. Such greenbelt shall be planted in accordance with the requirements set forth in Section 1145.12, “Greenbelts.”
(8) Development features including principal and accessory buildings and structures shall be so located and related as to minimize the possibilities of any adverse effects upon adjacent house lots. This shall mean that all principal or accessory buildings shall be located not less than one hundred (100) feet from any property line abutting a house lot.
(9) All plans for storm sewers, sanitary sewers and water lines shall be reviewed and approved by the City Engineer.
(k) Rest Homes and Nursing Homes.
(1) Buildings and other structures shall not exceed a height of two (2) stories.
(2) The site shall be so developed as to create a land to building ratio on the lot or parcel whereby for each one (1) bed there shall be provided not less than one thousand five hundred (1,500) square feet of open space. The one thousand five hundred (1,500) square feet of land area shall be used exclusively for landscaping, yard requirements and accessory uses or activities. The one thousand five hundred (1,500) square feet of land area is over and above the area available for building coverage, off-street parking, service drives and loading space.
(3) No building shall be closer than forty feet (40’) from any property line.
(l) Sexually-Oriented Businesses: Editor’s Note: Former subsection (l) hereof was repealed by Ordinance 05-60, passed October 6, 2005.
(m) Home Occupations.
(1) Purpose. To permit certain home occupations in dwelling units, providing they are clearly incidental and secondary to the principal use of the dwelling unit for residential purposes and further providing that the home occupation does not change the character of the dwelling unit or adversely affect the character of the residential area of which they are a part. In general, a home occupation is so located and conducted so that the average neighbor, under normal circumstances, would not be aware of its existence.
(2) Prohibited occupations. The following home occupations are prohibited:
A. Automobile, vehicle, boat, trailer and lawn mower repair, sales or rental.
B. Fireworks.
C. Pawn shops and tattoo parlors.
D. Sale of firearms and ammunition.
E. Sale of food and beverages.
(3) Performance Standards.
A. Only family members residing on the premises shall be employed in the home occupation.
B. The home occupation shall occupy no more than twenty five percent (25%) of the total square foot of the first floor area of the dwelling unit, including the attached garage.
C. There shall be no exterior evidence of the home occupation being conducted in the home.
D. There shall be no exterior modifications of the structure or garage, such as a separate business entrance, or construction of accessory structures on the property.
E. There shall be no exterior storage of goods, equipment or materials, and no emission of glare, noises, odors or vibrations.
F. There shall be no interference with radio or television receivers or fluctuation in line voltage caused by the operation of electrical or mechanical equipment.
G. There shall be no more than one (1) sign on the premises. The sign shall not exceed two (2) square feet, shall be attached to the dwelling unit, and will be non-illuminated.
H. The conduct of the home occupation shall not reduce or render unusable areas provided for required off-street parking for the dwelling unit.
I. There shall be no paving or modification of the front yard for parking other than the customary space used for a driveway.
J. Attached or detached garages may be used for the home occupation provided no modifications are made to the garage and further provided that the garage can at all times accommodate the number of vehicles for which it was designed.
K. There shall be no retail or wholesale sale of goods on the premises, except for those goods which are produced on the premises.
(Ord. 01-50. Passed 12-6-01.)
(n) Wind Turbine/Electrical Generation Towers. Wind Turbine Towers shall be a conditionally permitted use in any zoning district and shall be subject to the following:
(1) Site plan. A site plan shall be provided showing the design, painted color of the Wind Turbine Tower and its location on the property and shall include documentation demonstrating compliance with the requirements set forth in this subsection.
(2) Maximum heights. The height of the tower shall not exceed the following:
A. 120 feet - In residential districts.
B. 175 feet - In business and office service districts.
C. 325 feet - In industrial districts.
(3) Setbacks.
A. Tower Height of 175 feet or Less. The center of the tower base shall be set back a minimum distance of 1.5 times the Tower Height from any non-participating property line, above-ground utility line or public right of way and 500 feet from any occupied structure on a non-participating property.
B. Tower Height More Than 175 Feet. The distance from the Wind Turbine Tower base to the wind farm property line shall be at least 1.1 (one and one-tenth) times the Tower Height and at least 750 feet from the nearest occupied structure located on a non- participating property at the time of application for the zoning permit.
C. Guy Wires. In both paragraphs A. and B. above, no part of the support structure including guy wire anchors shall be located closer than ten (10) feet to the property line of a non-participating property.
(4) Noise. Wind turbine systems shall not exceed 60 dBA, measured at a non-participating property line. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms. Measurements can be supplied by the system manufacturer.
(5) Minimum blade height. The minimum distance between the ground and any part of the rotor or blade assembly shall be thirty (30) feet.
(6) Compliance with FAA regulations.
A. Wind turbine systems must comply with applicable Federal Aviation Administration (FAA) regulations, including any necessary approvals for installation close to airports.
B. No Wind Turbine Tower shall be constructed with lights or be painted red/white or other bright colors except when specifically required by a Federal law or regulation. When lights are specifically required, strobe lights shall not be used unless specifically required by Federal law or regulation.
(7) Visual impact.
A. Wind turbine systems shall be of a design and color(s) that would incorporate the characteristics of the immediate surrounding area so as to provide a natural blending of the tower into its surrounding environment and aesthetically soften its intrusion into a residential area. Further, no advertising shall be permitted on the tower.
B. No Wind Turbine Tower system shall be installed in any location that would substantially detract from or block the view of a portion of a recognized nature preserve designated by the Ohio Department of Natural Resources, the Richland County Parks District, or the City of Ontario Parks Committee,
(8) Utility notification. No Wind Turbine Tower system shall be installed until evidence has been supplied that the utility company servicing the site has been informed of the customer’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
(9) Interference with microwive communication systems. No Wind Turbine Tower system shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link’s operation.
(10) Interference with antenna-based communications systems. No Wind Turbine Tower system shall be installed in any location where its proximity with existing fixed broadcast, retransmission or reception antenna (including residential reception antenna) is likely to produce electromagnetic interference with its operation.
(11) Tower access. Wind Turbine Towers shall have either:
A. Tower-climbing apparatus located no closer than twelve (12) feet from the ground, or
B. A locked anti-climb device installed, or
C. The tower completely enclosed by a locked, protective fence at least six (6) feet in height. For multiple system installations, a fence enclosing the entire site may be considered.
(12) Decommissioning.
A. Decommissioning of Utility Scale Wind Turbine Towers. The applicant, or successors, shall continuously maintain a fund or bond payable to the City of Ontario for the removal of nonfunctional towers in an amount to be determined by the City for the life of the facility. This fund shall consist of a letter of credit from a State of Ohio licensed financial institution or other secure instrument as approved by the City.
All costs of the financial security shall be borne by the applicant.
B. Decommissioning of Wind Turbine Towers. A Wind Turbine Tower which is not used for twelve (12) successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Failure to abide and faithfully comply with this section or with any and all conditions that may be attached to the granting of any zoning permit shall constitute grounds for the revocation of the permit by the City.
(13) Transport of utility scale wind turbine towers.
A. Any person or firm proposing to transport any portion of an Utility Scale Wind Turbine Tower shall submit a proposed route to the City Engineer and attend a conference with that office to ascertain if legal loading and size limitations for City streets and roads will be exceeded.
B. If it is determined that the transport will exceed legal loading or size limits according to law, the person or firm proposing the transport shall submit detailed plans, specifications and estimates for upgrading the highways and/or bridges to the City Engineer for approval at least sixty (60) days prior to any such use.
C. After plans, specifications and estimates have been approved by the City Engineer, the person or firm shall provide a surety bond naming the City of Ontario for one hundred percent (100%) of the value of the improvement to be constructed on City streets, roadways and bridges.
D. The person or firm constructing required improvements to City streets, roadways or bridges shall pay to the City of Ontario two percent (2%) of the approved estimate to be used for inspection of the work to be performed.
E. The work to be performed shall be completed according to a schedule approved by the City Engineer. Failure to complete the work according to the approved schedule will result in a payment of liquidated damages by the person or firm to the City of Ontario in the amount of one-tenth percent (0.10%) of the approved cost estimate per calendar day for each day the work remains uncompleted according to the previously approved schedule.
(Ord. 09-34. Passed 6-25-09.)