The Planning Commission may, upon formal application and review, authorize the following conditional uses, subject to the specified conditions contained herein. All other regulations for specific zones in this Title Three apply unless specifically modified herein. A site plan, as required in Chapter 1151
shall be submitted with all conditional use applications. This site plan must be approved by the Service Director, the Commissioner of Building & Zoning Inspection, Commissioner of Water and Wastewater Treatment, the Commissioner of Streets and the Chief of the Fire Prevention Bureau, at such time that the conditional use is approved or before a building permit is issued for new construction or alterations.
(a) Factors to be considered in evaluating the standards set forth in Section 1107.04
may include, but are not limited to, the following:
(1) Land use;
(2) Height;
(3) Setbacks;
(4) Business or other activities;
(5) Open space;
(6) Density;
(7) Location of structures and uses on the site;
(8) Screening;
(9) Signs/advertisements;
(10) Paving;
(11) Entrances;
(12) Hours of operation;
(13) Lighting;
(14) Landscaping;
(15) Fencing/walling;
(16) Mechanical systems/HVAC;
(17) Dumpster locations; and
(18) Parking.
(b) Standards for specific conditional uses are as follows:
(1) Gasoline or service stations:
A. These uses are allowed only in the C-2 General Commercial or any M District.
B. The required site plan shall include the location of buildings, drives, pumps, underground storage tanks, signs, screening of fences and lighting.
C. A six foot-high screen fence shall be provided on all plot lines adjoining a R District.
D. A minimum twenty foot side yard setback shall be maintained.
E. No permanent storage of disabled vehicles shall be made on the site.
F. Curb openings and driveways shall be a minimum of twenty feet in width. They shall be located a minimum of twenty feet from adjacent property; a minimum of thirty feet from a street or alley intersection when located on a minor street; minimum of sixty feet from a street or alley intersection when located on a major street. Driveways shall be located no closer to each other than forty feet when on a minor street and sixty feet when on a major street.
G. No pumps shall be located within fifty feet of an R District.
H. Any gasoline or service station shall have its primary frontage on a major street.
I. No luminaire shall be directly visible from an adjoining R District.
J. Filling station pump islands which are more than fifty feet from the boundary of a residence district may be located within a required yard provided that the same are within ten feet of the established building line.
K. A gasoline or service station must be removed if abandoned or if use is discontinued. For purposes of this Zoning Ordinance, this is defined to be a gasoline or service station which accumulates a period totally of twelve months of no operation since its last period of six months of continuous operation. If this condition is deemed met by the Zoning Inspector, he shall send notice to the owner of record of the gasoline or service station that the station is considered abandoned. The owner of record has sixty days after issuance of the notice to:
1. Demonstrate the gasoline service station was not abandoned according to the criteria of this subsection;
2. Obtain an occupancy permit from the City for another use permitted within the district; or
3. Remove all vehicles, structures, pumps and islands, signs and standards, and fill all buried tanks with sand.
If none of the conditions of subsection (b)(1)K. hereof are met within the allowed sixty days, the City shall remove all structures, pumps and islands, signs and standards, and fill all buried tanks, and shall assess the cost against the property.
(2) Automobile wrecking, scrap and junk yards including refining or processing of automobiles, scrap or junk materials.
A. These uses are allowed only in the M-2 General Industry District.
B. A six foot fence shall be required on all setback lines, enclosing the site activities.
C. No open burning, cutting or processing is permitted.
(3) Airports and landing fields.
A. These uses are allowed in any M Industry and A-1 Agricultural District.
B. The required site plan shall show the location of all landing strips or runways, taxiways and aircraft parking areas; all buildings, hangars and terminals; all drives and parking areas; and screening and planting. The Board shall ensure that adequate ingress and egress, parking and protection of adjacent property is provided.
(4) Cemeteries.
A. This use is allowed in any R-Residential or A-1 Agricultural District.
B. The required site plan shall show the location of all drives, structures and parking. The Board shall ensure that adequate ingress and egress and parking is provided.
(5) Mobile Home Parks.
A. This use is allowed only in an R-4 Planned Residential District.
B. The minimum site shall contain ten acres unless the development is an extension of an existing park.
C. A mobile home shall be located only within a mobile home park.
D. The park must have frontage on a major street for at least fifty feet.
E. All interior drives, parking areas and trailer pads must be of a hard surfaced, dustless material.
F. A three foot decorative fence shall be placed along the front yard setback line and a four foot decorative fence shall be placed along the side and rear property line.
G. Each trailer pad shall contain two hard-surfaced, off-street, vehicle parking spaces.
H. In each mobile home park, there shall be provided a minimum of one-half acre recreation site plus an additional one-half acre for each additional fifteen trailer pads, or portion thereof, beyond fifteen pads.
I. An all-weather community building of at least 600 square feet floor area with space for an assembly or meeting room and a laundry room shall be provided. In addition, the building shall be increased by five square feet for every trailer pad over fifty pads. Off-street parking as required by Chapter 1157
shall be provided.
J. The minimum lot frontage shall be twenty-five feet, and the minimum depth shall be eight feet, or the minimum lot size shall be 3,600 square feet, whichever is greater.
K. The mobile home park shall be maintained as a single lot of record and individual lots are not to be sold.
L. The required site plan shall show the location of all drives, parking areas, trailer pads, trailer lots, community buildings, recreation areas and screening or screen planting.
M. All interior roadways and drives shall be a minimum of twenty- five feet wide.
(6) Mortuaries.
A. This use is allowed in any C Commercial and R Residential District.
B. The minimum lot size shall be one-half acre in any C District and two acres in any R District. Temporary sleeping rooms only are permitted in a mortuary located in a C-1 or C-2 District. An apartment within a mortuary is permitted in any R or in a C-3 District.
C. The required site plan shall show the location of buildings, drives, parking, screening or screen planting, and interior location and size of any parlors or service rooms.
D. A four foot high screen fence shall be provided where any parking area adjoins a residential district or a residential use in a planned district.
E. In an R District, a single, non-illuminated or indirectly illuminated exterior sign containing a maximum of twenty-four square feet shall be permitted.
(7) Assisted living facilities, nursing homes, rest homes or homes for the aged.
A. These uses are allowed in any R-3 Multiple Family or R-4 Planned Residential District.
B. The minimum lot size shall be 12,000 square feet for the first ten beds and 1,000 square feet for each additional bed.
C. A four foot decorative fence shall be provided on all property lines adjoining an R Residential District.
D. An enclosed recreation area, open or partially under roof, containing a minimum fifty square feet per bed shall be provided.
E. There shall be a minimum of sixty feet frontage on a major street, which frontage shall contain at least one entry drive to the site.
F. The required site plan shall show all drives, parking areas, building locations, recreation areas and screening or screen planting.
(8) Golf or country club, lodge or private recreation club.
A. These uses may be located in any district except an M Industrial District.
B. A three foot high decorative fence, screen planting or earthen mound shall enclose all parking areas when located within fifty feet of any R District.
C. The required site plan shall show the location of all buildings, drives, parking areas and fence or screen planting.
(9) Hospitals or medical clinics.
A. These uses may be located in an R-4 Planned Residential or any C District, and
B. There shall be a minimum of sixty feet frontage on a major street, which frontage shall contain the primary public and service access to the site; and
C. A three foot high decorative fence, screen planting or earthen mound shall enclose all drives or parking areas located within fifty feet of any R District; and,
D. The required site plan shall show the location of all buildings, drives, parking areas and fencing or screen planting.
(10) Churches.
A. The minimum lot for a church shall be three acres.
B. A church is permitted in any R or C District.
C. A church must have direct access to a major street.
D. The required site plans shall show the location of all structures, parking areas, drives and entries, and screen fencing or planting.
E. All off-street parking lots within fifty feet of any R District shall be suitably screened.
(11) Duplex.
A. A duplex or two-family dwelling may be allowed as a conditional use in an R-2.
B. The minimum lot area for a duplex in an R-2 District is:
District | Minimum Lot Area | Minimum Lot per Family |
R-2 | 15,000 square feet | 7,500 square feet |
C. Other bulk and density regulations, off-street parking and site requirements shall remain in effect.
D. Surface off-street parking area shall be screened with a four foot decorative fence and landscaping when adjacent to single family residential areas.
E. The required site plan shall show building location, drives and parking, fencing and landscape screening.
F. In an R-2 zone, a duplex must have a minimum floor area of 1,000 square feet.
G. Provided off-street parking for four automobiles, excluding the garage and driveway.
H. Provide one two-car garage per duplex.
I. Provide a tree planting diagram to be submitted for the approval of the Service Director, with a minimum of two trees in the front yard. A corner lot shall also have two trees in the side yard along the street right-of-way.
J. Provide a fifty foot setback from the major street right-of-way.
K. No building permit shall be issued until plans are submitted that will guarantee the conditions imposed in this subsection (b)(11).
(12) (EDITOR'S NOTE: Former Section 1141.05
which permitted Conditional Uses in an M-2 District was repealed by Ordinance 175- 1990, passed November 12, 1990.)
(13) Manufactured home parks: Manufactured home parks shall be constructed pursuant to the Rule of the Ohio Department of Health, Public Health Council, Mobile Home Park, Chapter 3701-27. In addition, manufactured home parks shall comply with the following:
A. This use is allowed only in an R-4 Planned Residential District.
B. A manufactured home park shall have a public water and sewer system and/or on the site water and wastewater treatments system acceptable to the Ohio EPA, Lucas County Health Department or other approving agency of the State or County.
C. A manufactured home park shall be developed on a site of not less than ten acres. Individual sites within a park shall be developed with sites having a minimum of 5,500 square feet, including a minimum width of thirty feet per manufactured home being served. This 5,500 square feet may be reduced by twenty percent (20%) provided that the individual site shall be equal to at least 4,400 square feet. For each square foot lost through this reduction of the site below 5,500 square feet, at least an equal amount of land shall be dedicated as open space.
D. The minimum setback for a park shall be fifty feet from a public right-of-way. The manufactured home shall be placed on the site so as to comply with the following:
1. Each manufactured home shall be placed upon a manufactured home site so as to provide not less than fifteen feet between the side of one manufactured home and the side of another, fifteen feet between the end of one manufactured home and the side of another, and ten feet between the end of one manufactured home and the end of another. In computing these distance requirements, an auxiliary room or similar accessory connected to the manufactured home shall be considered as part of the manufactured home. A temporary porch or canopy which is open on two or more sides shall not be considered as part of the manufactured home.
2. No portion of any manufactured home, its appurtenances or parking space shall be located on a manufactured home site so as to be closer than fifteen feet to a roadway boundary, or twenty-five feet to a manufactured home park boundary or property line.
E. All manufactured home spaces shall abut upon a driveway of not less than twenty feet in width, which shall have obstructed access to a private or public street.
F. All land in a manufactured home park shall comprise a single parcel. Public thoroughfares, except extensions of local and collector streets proposed as part of a manufactured home site plan, shall not bisect or divide a manufactured home park to avoid unwarranted public traffic from traveling through the park.
G. Mobile homes may be permitted in manufactured home parks but all requirements of this subsection shall apply. Travel trailers, motor homes and other recreational vehicles shall not be permitted in a manufactured home park.
H. All areas not used for access, parking, circulation, buildings and services shall be completely and permanently landscaped and the entire site maintained in good condition.
(14) Manufactured home subdivision. The manufactured home subdivision is intended as an area chiefly designated for single-family manufactured homes attached to a permanent foundation as well as other buildings erected, arranged, intended or designed to be used for one single-family dwelling. Related community facilities, including churches, kindergartens, schools, public playgrounds and public parks shall be permitted, as well as any building or permanent structure within a manufactured home subdivision to be used exclusively to provide accessory services for residents of the manufactured home subdivision such as, but not limited to, a recreational facility.
Manufactured home subdivisions shall be constructed pursuant to the Subdivision Rules and Regulations of Chapter 1171
et seq. In addition, manufactured home subdivision shall comply with the following:
A. Any principal building shall be situated on a lot of not less than 7,200 square feet in an area and shall have a minimum net floor area for living quarters of 720 square feet. The minimum lot frontage shall be thirty feet at the building line.
B. Except as set forth in subsection (b)(14)A. hereof, a manufactured home subdivision shall conform to the area, setback and related regulations of an R-2 District.
(Ord. 127-2014. Passed 11-24-14.)