The uses listed in this section are Conditional Uses in at least one (1) zoning district. Each use is listed with Potential Concerns and may be listed with specific regulations. The Potential Concerns are use-specific criteria that Planning Commission shall consider when it makes a recommendation to Council on an application for a Conditional Use. The Planning Commission may also consider additional use-specific concerns not listed here if it deems them appropriate. The Additional Regulations are more strict or additional dimensional regulations or operational conditions that apply to the use, regardless of whether it is permitted or conditional, and regardless of the zoning district in which it is located, and are enforced by the Zoning Administrator.
(a) General. Wherever no specific area, lot width, or setback requirements are specified in the provisions for specific Conditional Uses, then the dimensional regulations for the most restrictive permitted use in the applicable zoning district shall apply.
(b) Uses.
(1) Agricultural Services.
A. Potential Concerns.
1. Produce and meat storage areas.
2. Noise, dust, and odor from operations.
3. Truck routes from municipal boundary.
4. Temporary sales.
B. Regulations.
1. Farm product storage buildings shall be set back a minimum of 100 feet from a residential zoning district.
2. No outdoor farm machinery repair unless entirely enclosed within a screening fence.
3. Animal enclosures shall be set back a minimum of 200 feet from all lot lines.
(2) Airports and Landing Strips.
A. Potential Concerns.
1. Aircraft noise.
2. Dust from operations.
3. Lighting.
4. Proximity of powered aircraft on the ground to lot lines and adjacent uses.
B. Regulations.
1. Compliance with FAA regulations.
2. Runway locations will not require height restrictions on other properties less than would normally be required by dimensional regulations of the zoning district.
3. Runways and taxiing areas shall be setback a minimum of 100 feet from a residential zoning district.
4. Aircraft storage and service buildings shall be setback a minimum of 100 feet from a residential zoning district.
(3) Animal Hospitals, Veterinary Clinics, and Kennels.
A. Potential Concerns.
1. Traffic generation from associated retail sales.
2. Location of diagnosis and outdoor activity areas relative public streets and residential zoning district.
3. Design of facilities that will help ensure humane conditions and treatment of animals.
4. Animal noise and odor.
B. Regulations.
1. Outdoor pens are not permitted.
2. Outdoor activity shall be limited to diagnosis and temporary outdoor activity for boarded animals.
(4) Bed and Breakfast.
A. Potential Concerns.
1. Disruptive impacts to surrounding neighborhood (noise, trash, late hour activity, etc.)
2. Condition, care, and occupancy of property during times when not occupied by guests.
3. Comparison to neighborhood character/makeup; presence of owner-occupied dwellings.
4. Proximity to Arterial/Collector roadway(s).
B. Regulations
1. Compliance with Property Maintenance Code.
2. Sufficient off-street parking must be provided to accommodate anticipated number of guests.
3. Bed and Breakfasts are prohibited in Neighborhood Conservation Overlays.
4. The Conditional Use Permit shall specify the maximum number of cumulative days the bed and breakfast may be booked throughout a calendar year period, as well as the maximum guest occupancy at any one time.
5. All Bed and Breakfasts shall be registered with the City pursuant to Chapter 743 of the Oxford Codified Ordinances.
(5) Gas Station with Convenience Store.
A. Potential Concerns.
1. Adequate design of vehicle management area.
2. Location of fuel pumps and pump canopy.
3. Outdoor sales and storage.
B. Regulations.
1. All merchandise shall be located within a completely enclosed structure.
2. Fuel pumps shall be set back a minimum of thirty (30) feet from lot lines or forty (40) feet from a residential zoning district.
3. Fuel pump canopies shall be set back a minimum of twenty (20) feet from lot lines or forty (40) feet from a residential zoning district.
(6) Vehicle Service and Repair.
A. Potential Concerns.
1. Proper design of vehicle management area.
2. Proximity of service areas to lot lines and adjacent uses.
3. Outdoor sales and storage.
4. Tow truck storage.
B. Regulations.
1. All disassembly, service, and assembly of vehicles shall be within a completely enclosed structure.
2. All service equipment and supplies shall be within a completely enclosed structure.
3. Vehicles being serviced or awaiting service shall not be stored in an unenclosed area for more than seven (7) days.
4. Vehicle service bays shall be setback a minimum of 100 feet from a residential zoning district.
(7) Vehicle Washing Facility.
A. Potential Concerns.
1. Design of vehicle management area.
2. Enclosure of potential nuisances.
3. Screening from adjacent uses residential.
4. Lighting.
5. Hours of operation.
B. Regulations.
1. Wash bays shall be setback a minimum of 100 feet from a residential zoning district.
2. Outdoor equipment (such as vacuum stations) shall not be located in a yard adjacent to a residential zoning district.
3. Queuing spaces shall not be located in a yard adjacent to a residential zoning district.
(8) Drive-Through Banking and Pharmacy Facilities.
A. Potential Concerns.
1. Design of vehicle management area.
2. Noise from operations (vehicle and loudspeaker).
3. Screening from adjacent uses.
B. Regulations.
1. Drive-through stations shall not be located in a yard adjacent to a residential zoning district.
2. Queue spaces shall not be located in a yard adjacent to a residential zoning district.
(9) Drive-Through Convenience and Beverage Facilities.
A. Potential Concerns.
1. Design of vehicle management area.
2. Noise from operations (vehicle and loudspeaker).
3. Proximity to churches, schools, other similar institutions.
4. Location and adequacy of dumpsters.
B. Regulations.
1. Structure shall be set back a minimum of fifty (50) feet from a residential zoning district.
2. Drive-through stations shall be completely enclosed.
3. Queue spaces shall not be located in a yard adjacent to a residential zoning district.
4. Site shall be a minimum of 500 feet from a church, school, or similar institution, except in a commercial zoning district.
(10) Drive-Through Restaurant Facilities.
A. Potential Concerns.
1. Design of vehicle management area.
2. Noise from operations (vehicle and loudspeaker).
3. Signs and menu boards.
4. Location and adequacy of dumpsters.
B. Regulations.
1. Drive-through stations shall not be located in a yard adjacent to a residential zoning district.
2. Queue spaces shall not be located in a yard adjacent to a residential zoning district.
3. Drive-up stations shall be setback a minimum of fifty (50) feet from a residential zoning district.
(11) Bars and Taverns.
A. Potential Concerns.
1. Evening traffic.
2. Noise from operations (music).
3. Location and adequacy of dumpsters.
B. Regulations.
1. Site shall be a minimum of 500 feet from a church, school, or similar institution, except in a commercial zoning district
2. Structure shall be set back a minimum of fifty (50) feet from a residential zoning district
(12) Indoor Sports and Recreation Facilities such as Bowling Alleys, Skating Rinks, Tennis and Racquetball Courts, Soccer Fields, and Swimming Pools.
A. Potential Concerns
1. Traffic volume during group or league events.
B. Regulations.
1. Entrance to structure shall not be located in a yard adjacent to a residential zoning district.
2. Parking spaces shall not be located in a yard adjacent to a residential zoning district.
3. Structure shall be set back a minimum of thirty (30) feet from a residential zoning district.
(13) Building Materials Sales Yards.
A. Potential Concerns
1. Noise, dust, vibration from operations.
2. Height and visibility of merchandise storage structures.
3. Commercial vehicle storage.
4. Location of loading spaces and on-site management of delivery vehicles.
5. Unenclosed storage and display.
B. Regulations.
1. Traffic management areas shall not be located in a yard adjacent to a residential district.
2. Commercial woodworking equipment and other similar machinery shall not be permanently affixed or operated within fifty (50) feet of a residential zoning district, except within a completely enclosed structure.
(14) Cemeteries.
A. Potential Concerns
1. Location and size of structures including mausoleums, chapels, gatehouses, crematoriums, offices, and service and storage buildings.
2. Appropriate screening, ornamental fencing, and landscaping to minimize potential nuisance.
B. Regulations.
1. Driveways shall be set back a minimum of ten (10) feet from all lot lines.
2. Grave markers, mausoleums, and other monuments shall be setback a minimum of ten (10) feet from all lot lines.
(15) Churches, Libraries, Community and Recreation Centers.
A. Potential Concerns
1. Adequate lot size to permit future expansion.
2. Location and screening of outdoor recreation areas.
3. Bus or van storage.
4. Lighting.
5. Parking and traffic impact.
B. Regulations.
1. None.
(16) Clinics.
A. Potential Concerns
1. Extent of accessory services.
2. Hours of operation.
B. Regulations.
1. Accessory services, including laboratories and pharmacies for the use of patients visiting medical practitioners in the clinic, may not be accessible directly from the exterior of the building and may operate only during the hours of operation for the clinic.
(17) Golf and Country Clubs.
A. Potential Concerns.
1. Proximity of fairways and greens to lot lines and adjacent structures.
2. Trajectory of golf balls.
3. Location of cart paths.
4. Location of accessory uses such as ball fields, swimming pools, and tennis courts.
5. Appropriate screening of high activity areas from adjacent properties.
B. Requirements.
1. Cart paths shall be a minimum of ten (10) feet from all lot lines.
2. Accessory uses such as clubhouses, restaurants, bars, swimming pools and similar activities are subject to any regulations that would apply to their operation as a principal use.
(18) Service Organization Lodges.
A. Potential Concerns
1. Location of accessory uses such as ball fields, swimming pools, and tennis courts.
2. Appropriate screening of high activity areas from adjacent properties.
B. Requirements.
1. Accessory uses such as clubhouses, restaurants, bars, swimming pools and similar activities are subject to any regulations that would apply to their operation as a principal use.
(19) Fraternity and Sorority Houses.
A. Potential Concerns.
1. Aesthetic Concerns:
a. Historical characteristics of existing structures.
b. Residential scale and character.
c. Yards and landscaping.
d. Walls and fences.
2. Activities Areas:
a. Porches and patios.
b. Locations of recreational areas and courts.
c. Locations of accessory structures.
3. Vehicle Management:
a. Site access.
b. Required parking.
c. Emergency access.
d. Deliveries.
e. Occasional and excess parking management.
4. Adequate Public Utilities:
a. Water.
b. Sewer.
c. Storm water management.
d. Other services.
5. Nuisance:
a. Waste/trash management.
b. Noise and off-site impact.
c. Lighting and off-site impact.
B. Requirements:
1. New Structures: Building shall be of a size and scale that approximates neighboring structures.
2. Existing Structures: Exterior renovation and improvements shall be maintained to protect existing architectural details, materials and ornamentation.
3. Addition: Building expansions shall be sympathetic to the architectural scale and style of the existing building.
4. Outdoor Areas: Activity areas shall be designed and located to contain noise and light within the property. Activity areas shall be appropriately screened from adjacent properties.
5. Waste facilities: Trash and recycling containers and material shall be stored in a fully enclosed area and properly screened. The waste enclosure shall be adequate for the occupancy and accessible to service vehicles.
6. Parking and Transportation Demand Management: Parking shall meet requirements of Zoning Code Chapter 1149 and shall be properly designed, screened and maintained.
(20) Family Community Residence, Group Community Residence, and Community Residence.
A. Potential Concerns.
1. Maximum occupancy and staffing.
2. Appropriate indoor and outdoor recreation areas.
3. Proximity to and number of similar uses in Oxford.
B. Regulations.
1. Site shall be a minimum of 891 feet from any other Community Residence
(21) Day Care Centers and Nursery Schools.
A. Potential Concerns
1. Location and adequacy of planned outdoor play area.
2. Noise.
3. Adequate drop-off facilities.
B. Regulations.
1. Use of outdoor play areas shall be limited to between the hours of 8:00 a.m. and 8:00 p.m. daylight hours.
(22) Drive-In Theater.
A. Potential Concerns
1. Appropriate screening.
2. Setback and visibility of screen from residential zoning district and public streets.
3. Design of vehicle management area, especially street access.
4. Noise from operations (vehicle).
B. Regulations.
1. No outdoor loudspeaker is permitted.
(23) Elderly Housing, Congregate Housing.
A. Potential Concerns.
1. Proximity to existing or possible area uses that are potentially dangerous to elderly or handicapped occupants.
B. Regulations.
1. Maximum density of one (1) dwelling unit per 3,000 square feet
(24) Funeral Homes and Mortuaries.
A. Potential Concerns.
1. Design of vehicle management areas to ensure quick and efficient access to public streets during processions.
2. Adequate cue space at drop-off areas to ensure that access to parking spaces is not impeded.
B. Regulations.
1. All hearses, limousines, and other related business vehicles shall be stored within an enclosed building when not in use
2. Parking areas are exempt from provisions of the Vehicle Management regulations that would prevent a vehicle management area that is designed to facilitate funeral processions.
(25) Gaming Arcades.
A. Potential Concerns.
1. Proximity to schools, churches, and establishments serving alcohol.
2. Proximity to residential zoning district.
3. Adequate screening of parking and outdoor gathering areas.
(26) Hospitals.
A. Potential Concerns.
1. Location of parking for employees.
2. Parking for visitors.
3. Design of drop-off area.
4. Emergency vehicle access to the site and to the building.
5. Adequate lot size and shape to handle current proposal and possible additions.
6. Screening.
7. Access to appropriate street.
8. Helicopter landing facilities.
(27) Motels.
A. Potential Concerns.
1. Proximity to residential.
2. Screening from residential.
3. Appropriate street access.
(28) Nursing Homes, Convalescent Homes.
A. Potential Concerns.
1. Adequate lot size to provide for visitors and for outdoor activities.
2. Access to an appropriate street.
3. Adequate screening from residential.
B. Regulations.
1. Minimum 500 square feet per bed of on-site open space.
(29) Riding Academies, Stables.
A. Potential Concerns.
1. Adequate lot size.
2. Noise and dust from operations.
3. Security fencing.
4. Location of corrals and other animal areas.
5. Adequate vehicle management area for transportation of animals.
6. Hours of operation.
B. Regulations.
1. Any area designed to accommodate animals used in the operations shall be set back a minimum of fifty (50) feet from any lot line.
(30) Schools.
A. Potential Concerns.
1. Adequate lot size to permit future expansion.
2. Bus and van storage.
3. Access to streets that can handle traffic generated by the use.
4. Design of vehicle management area.
5. Location of outdoor facilities such as ball fields and band practice areas.
6. Proximity to incompatible uses (establishments serving alcohol).
B. Regulations.
1. Parking spaces shall not be located in a yard adjacent to a residential zoning district.
2. Structure shall be setback a minimum of thirty (30) feet from a residential zoning district.
(31) Temporary and/or Outdoor Sales of Plants and Garden Supplies.
A. Potential Concerns.
1. Signs.
2. Sight distance at corner lots.
B. Regulations.
1. Storage of goods shall not reduce the usable number of parking spaces by more than ten percent (10% of the required total.
2. Goods shall not be stored in a driveway required to access required parking spaces.
(32) Mini-Warehouse (Self-Storage Units):
A. Potential Concerns
1. Adequate lot size
2. Design of vehicle management area
3. Outdoor storage-inoperable vehicles and junk
4. Hours of operation
5. Proximity to residential zoning districts
6. Flammable, combustible material stored on site
7. Compatibility of the scale and character of the project with surrounding properties and existing uses
B. Regulations
1. Site shall be at a minimum of two acres, and maximum of five (5) acres in area
2. Parking area shall not be located in yard adjacent to a residential zoning district
3. Outdoor security lighting shall be designed to prevent spillover to adjoining properties
4. Landscaping along the public street
5. Any chain-link fence shall have limited visibility from the public street, unless approved by the Planning Commission.
6. Sufficient isle way width and on-site water supply (including fire hydrants locations) will be determined by the Oxford Fire Chief, between buildings for firefighting purposes.
7. Design of the building and site shall be consistent with the following criteria:
a. The rear of the principal building shall not face the public right-of-way
b. The front facade of the principal building shall be finished utilizing masonry material that has textured relief. No vinyl or aluminum shall be used in finishing on the front façade of the building.
c. The building facade shall have different articulation in height and setbacks.
d. The roof of the principal building shall not be a long continuous flat roof and a break in length and elevation shall be provided in regular interval.
e. The entrance to the site shall be designed to allow sufficient queuing that on-street traffic will not be impacted.
f. Outdoor storage shall have limited visibility from the public right-of-way.
g. There shall be no employee residing on site, unless specifically approved by the Planning Commission and the City Council.
C. Other
1. Encourage the mini-warehouse as the second principal use in conjunction with or behind other principal uses.
(33) Business Incubator:
A. Potential Concerns.
1. Hours of operation
2. Type of businesses generating noise, vibration, fumes and other obnoxious environmental concerns
3. Outdoor operations
B. Regulations
1. All activities/merchandise shall be located within a completely enclosed space.
2. Sized adequately to provide all necessary business support
(34) Off-site Parking and Shared-Use Parking.
A. Potential Concerns
1. Adequate supply of spaces for all modes of transportation
2. Distance from use
3. Hours of operation/schedule conflict
4. Valet service
5. Proximity to mass transit
6. Accommodation for special needs/accessibility
7. Maintenance responsibility
8. Future land use changes/parking demand
B. Regulations
1. Recorded easement agreement
2. Specific distance limit for off-site
3. Performance review timeframe
4. Requires evidence justifying sufficient parking
(35) Parking Lot Alternate Design Plan.
A. Potential Concerns
1. Safety of all modes of transportation
2. Green space
3. Storm water quality/environmental
4. Storm water quantity/run off rate
B. Regulations
1. Any additional factors that affect the practical application of this section, such as notable topographic changes, watercourses, and bodies of water.
2. Conditions of approval to protect the public health, safety, and general welfare.
3. Modifications of this chapter to protect the health, safety and general welfare.
(36) Off-Street Parking in UP and RO Districts. In the UP and RO Districts, a Conditional Use permit is required for any new off-street parking areas, or expansions to existing parking areas greater than twenty-five percent (25%) as compared to the area existing on the effective date of this provision. A Conditional Use shall not be required for any new or expanded off-street parking provided to comply with minimum requirements for single-, two-, or three-family dwellings on individual lots.
A. Potential Concerns.
1. Lack of necessity for additional parking
2. Green space
3. Increased traffic flow on residential streets
4. Adverse effects on adjacent properties
B. Regulations.
1. The applicant is required to demonstrate that such a parking facility is necessary to the public convenience and is fulfilling a demand or need that cannot already be met by the existing off-street and on-street parking supply.
(37) Floor Area Exceeding Maximum Allowable Square Footage.
A. Potential Concerns.
1. Adequate lot size
2. Adequate design of vehicle management area
3. Setback from residential zoning setback and public streets
4. Buffering and screening
5. The hours of operation
B. Regulations.
1. The building exterior shall be compatible with the characteristics of neighboring structures.
2. Parking shall not be in the front yard
3. Other vehicular related concerns, i.e. ingress and egress, etc.…
(38) Hours of Operation Beyond Normal.
A. Potential Concerns.
1. Noise generation impacting surrounding properties
2. Potential exterior lighting, including signage, affecting adjoining properties
3. Potential traffic during those additional hours
B. Regulations.
1. Noise level be kept below allowable level, unless approved by the City Council
2. Solid screening to buffer noise and outdoor lighting
(39) Residential Units on the First Floor or Basement.
A. Potential Concerns.
1. Reduce available non-residential site available for development
2. Potential impact to other non-residential development
B. Regulations.
1. The exterior appearance shall be consistent with adjoining properties
(40) Accessory Building to be used as a dwelling unit.
A. Potential Concerns.
1. Vehicle management
2. Location of the accessory building
B. Regulations.
1. Relationship of its size, mass, height and square footage to the principal building
2. Building style and material
3. Building orientation consistent with the principal building.
(41) Transient Guest Lodging as an Accessory Use (greater than 90 cumulative days booked per year)
A. Potential Concerns.
1. Disruptive impacts to surrounding neighborhood (noise, trash, late hour activity, etc.)
2. Condition, care, and occupancy of property during times when not occupied by guests.
3. Comparison to neighborhood character/makeup; presence of owner-occupied dwellings.
B. Regulations.
1. Compliance with Property Maintenance Code.
2. Sufficient off-street parking must be provided to accommodate anticipated number of guests.
3. Compliance with all other provisions applicable to Transient Guest Lodging.
(Ord. 3608. Passed 1-19-21.)