(a) Temporary Land Use. The Planning and Zoning Administrator shall have the power to grant permits authorizing temporary special land uses for the following types of temporary sales: tent sales, sidewalk sales, or seasonal sales of produce, plants, firewood, or Christmas trees.
(1) Zoning districts where permitted. Temporary special land uses for tent sales, sidewalk sales, or seasonal sales of produce, plants, firewood, or Christmas trees shall only be permitted in the Community Commercial Zone (CC), the Brice & East Main Street District (BMD) and the East Main Street District (EMD).
(2) Application and fee. Every person, firm or corporation desiring to obtain a temporary special land use permit, as required by this section, shall file an application with the Planning and Zoning Administrator together with an application fee. The application for a temporary special land use permit shall be accompanied by plans and specifications as required by the Planning and Zoning Administrator. This includes but is not limited to, plans that show the following:
A. The shape, location, and dimensions of the lot, including the shape, size, location, and use of all buildings or other structures already on the lot, and the off-street parking layout.
B. The materials to be utilized in and the shape, size, and location of all buildings and structures to be erected or moved onto the lot, including all tents, tables, stands or display racks.
C. The anticipated automobile traffic flow to and from the lot and any adjacent thoroughfares, loss of off-street parking space, if any, as well as the anticipated flow of pedestrian traffic upon lot sidewalks.
(3) Time limitations.
A. A temporary special use permit for a tent or sidewalk sale shall be effective for no longer than seven (7) days. No more than three (3) temporary special land use permits for tent sales or sidewalk sales shall be issued for a given location within a single calendar year. Temporary special use permits for tent sales or sidewalk sales shall not be issued for any given location for consecutive time periods except in the Olde Reynoldsburg Commercial District, the Brice and East Main Street District, and the East Main Street District.
B. A temporary special land use permit for the sale of Christmas trees shall be effective for no longer than thirty (30) days. No more than one (1) temporary special land use permit for the sale of Christmas trees shall be issued for any given location within a single calendar year.
C. A temporary special use permit for seasonal sales of produce, plants, or firewood shall be effective for a period no longer than ninety (90) days. No more than one (1) temporary special land use permit for seasonal sales of produce, plants, or firewood shall be issued for any given location within a single calendar year.
D. The Planning and Zoning Administrator or the Board of Zoning and Building Appeals shall have the power to vary these periods and add other conditions to an approved permit as deemed necessary by the Planning and Zoning Administrator or the Board in order to further the goals and principles of the Zoning Code.
(4) Regulations. A temporary special use permit shall only be granted if the Planning and Zoning Administrator determines that the proposed use, including the erection of any temporary building or structure, will:
A. Provide adequate light and ventilation between buildings and structures.
B. Provide adequate automobile and pedestrian traffic flow.
C. Provide adequate off-street parking.
D. Will meet the intent of the Zoning Code or otherwise not interfere with the protection of public health, safety, and general welfare.
E. Not be incompatible with, or otherwise adversely affect, the physical character of the community and, in particular, the surrounding area within a distance of one thousand (1,000) feet.
F. No temporary special use shall be permitted if it reduces the parking on a lot by greater than twenty-five (25) percent.
(5) Vacant lots. When the proposed temporary special use is to be conducted on an otherwise vacant or unused lot, the use shall comply with all applicable zoning regulations for the district.
(6) Accessory structures. Tents and other temporary structures are subject to building permits and other regulation by the Building Division.
(7) Variance. The Planning and Zoning Administrator or the Board of Zoning and Building Appeals shall have the power to vary the time periods of and add other conditions to an approved permit as deemed necessary by the Planning and Zoning Administrator or the Board of Zoning and Building Appeals in order to further the intent of the Zoning Code or otherwise protect the public health, safety, and general welfare.
(b) Special Events and Community Activities. The following regulations apply to the approval and operation of special events and community activities.
(1) Exceptions. A temporary special land use permit shall not be required for special event or community activity permitted or organized through the Parks and Recreation Department or Public Safety Department.
(2) Exceptions—open space districts. A temporary special land use permit shall not be required for a special event or community activity associated with a permitted semi-public use in Open Space/Schools District provided that the special event or festival meets the following conditions:
A. The special event or festival takes place entirely on the lot or parcel associated with the existing approved semi-public use.
B. The special event or festival is no longer than three (3) consecutive days and that there are no more than two (2) such events or festivals at a given location within a calendar year.
(3) Exceptions—non-profit or charitable organizations. A temporary special land use permit shall not be required for a special event or community activity conducted on a commercial parcel that is organized by a non-profit or charitable organization. No more than two (2) such events shall be conducted by the same organization at the same location within a calendar year.
(4) Applicability. Except as otherwise provided herein, the Planning and Zoning Administrator may require temporary special land use permit for any other type of special event.
(5) Accessory structures. Tents and other temporary structures for festivals and special events are subject to building permits and other regulation by the Building Division.
(c) Regulations Applicable to Swimming Pools, Fish Ponds, and Water Parks. A swimming pool, fish pond, or water park shall conform with all yard and setback requirements for accessory structures in the district in which it is located, as well as the following requirements.
(1) Private swimming pool. A private swimming pool, where in-ground or above-ground shall be permitted in any commercial, mixed-use or residential district as an accessory use provided that it complies with the following conditions and requirements:
A. Use. The pool shall be intended and used solely for the enjoyment of the occupants of the main use of the lot on which it is located.
B. The pool, including any walks or paved areas or accessory structures adjacent thereto, shall not be located closer than ten (10) feet to any lot line and shall not be closer to any frontage than a distance ten (10) feet greater than the setback required for a principal building.
C. The area of the swimming pool, exclusive of decks, walks, and other appurtenances, shall not exceed ten (10) percent of the area of the lot.
D. No lights, diving board, or other equipment or accessory shall project more than ten (10) feet above the average finished grade of the pool site.
E. A swimming pool shall be installed or constructed subsequent to and in conformance with the regulations of the Building Code and a permit issued by the Building Inspector. The Building Inspector shall not issue any permit for a swimming pool until he has submitted the application for a swimming pool to the Zoning Officer who shall determine compliance with the Zoning Code and issue a zoning certificate.
(2) Community or club swimming pool. A community or club swimming pool means any pool constructed by an association of property owners or by a private club for use and enjoyment by members of the association or club and their families. Community and club swimming pools are permitted in any district, but shall comply with the following conditions and requirements:
A. A community or club swimming pool shall be intended and used solely for the enjoyment of the members, their families and guests, and guests of the association or club under whose ownership or jurisdiction the pool is operated.
B. A community or club swimming pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than one hundred (100) feet to any lot line.
C. A community or club swimming pool and all of the area used by the bathers, including all adjacent deck areas, shall be so walled or fenced as to prevent uncontrolled access by children.
(3) Fish pond, water garden. A body of water designed and used as a fish pond or as a water garden shall conform with all yard and setback requirements for accessory structures in the district in which it is located, as well as the following requirements.
A. Water depth shall not exceed twenty-four (24) inches unless enclosed by a fence forty-eight (48) inches in height with a locking gate.
B. Water surface area shall not exceed one hundred (100) square feet.
(d) Outdoor Storage. The following regulations shall apply to the approval and operation of outdoor storage as an accessory use:
(1) Outdoor storage 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 storage area located closer than one hundred (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 storage 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. 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 Board. 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 or materials to be stored, and, if applicable, any seasonal changes of merchandise or materials;
(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 and Zoning Administrator or the Board of Building and Zoning Appeals.
(e) Self-Store. The following regulations shall apply to the approval and operation of mini-storage facilities:
(1) All storage shall be within an enclosed building unless the nature and location of outdoor storage has been specifically approved by the Board 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 Board;
(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 and Zoning Administrator or the Board of Zoning and Building Appeals in a manner which promotes security and presents an appropriate appearance to abutting properties;
(6) A landscaped yard of at least twenty-five (25) 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 and Zoning Administrator or the Board of Zoning and Building Appeals;
(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 and Zoning Administrator or the Board of Zoning and Building Appeals;
(9) Hours of operation shall only be as approved by the Planning and Zoning Administrator or the Board of Zoning and Building Appeals, after consideration of the impact of the proposed use upon the character, safety, and tranquility of the neighborhood.
(f) Indoor Storage Facilities. The following regulations apply to the approval and operation of indoor storage facilities:
(1) A minimum of twenty (20) percent of the floor area of any structure proposed to be used as an indoor storage facility shall be used for other uses permitted within the respective zoning district, unless otherwise specifically approved by the Board on the approved site plan.
(2) All storage shall take place within an enclosed individual storage unit that is rented or leased on an individual basis. Storage shall be prohibited outside of the structure or within designated aisle areas with exception of vehicle and recreational vehicle storage areas clearly shown on the plan.
(3) A rental or leasing office shall be required to be located on-site.
(4) No more than one (1) external garage-door entrance shall be provided for each twenty (20) storage units within the structure.
(5) A landscaped yard of at least twenty-five (25) feet in width shall be provided along any lot line of the subject site which abuts a residentially zoned property. A reduction of this buffer may be approved by the Board if alternate means of screening are provided and specifically approved on the site plan.
(6) Caretaker/residential units are prohibited.
(7) One (1) parking space shall be located on the site for each seventy-five (75) storage units, in addition to other required parking for all other uses on the site.
(g) Childcare Centers. The following regulations shall apply to conditional use permits for childcare centers:
(1) No zoning permit or conditional use permit for a childcare center shall be issued for a lot that is within one hundred fifty (150) feet of any lot or parcel with an approved gasoline station use, or which is likely to generate noxious fumes or vapor.
(2) All outdoor play areas shall meet the minimum requirements outlined by the state agency with oversight of childcare centers. No play area shall be located adjacent to a loading space, loading dock or other area where vehicles are likely to idle. No play area shall be constructed in a manner that allows children access to any electrical or telecommunications box/vault.
(3) No childcare center shall be permitted to operate between the hours of 7:00 p.m. and 6:00 a.m. the following morning unless specifically approved by the Planning and Zoning Administrator or the Board of Zoning and Building Appeals.
(h) Home Occupations. The following regulations shall apply to the approval and operation of a home occupation as an accessory use in a dwelling:
(1) No person who is not a permanent resident of the dwelling shall be employed in the home occupation;
(2) The home occupation shall be clearly incidental and subordinate to the dwelling use. No more than fifteen (15) percent of the floor area of all buildings on the lot shall be used in the conduct of the home occupation;
(3) There shall be no change in the outside appearance of the dwelling or lot, or other visible evidence of the conduct of the home occupation. No sign is permitted.
(4) The home occupation shall not generate traffic in greater volumes than would normally be expected in a residential neighborhood.
(5) No equipment or process shall be used which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage off the premises.
(6) Prior to establishing a home occupation, the owner or occupant of the dwelling shall apply and receive approval for a zoning certificate from the Planning and Zoning Administrator.
(i) Pawnbrokering, Bookmaking, Betting, Adult Oriented Businesses. The following requirements shall apply to the approval and operation of pawnbrokering, bookmaking, betting, scheme/game of chance, massage establishment, body piercing establishment, tattoo establishment, adult bookstore, adult motion picture theater, adult video store: No such conditional use for these uses shall be conducted within one thousand (1,000) feet of the property line of any church, childcare center, public or private school, public library, public park lands, or any premises that sell or distribute alcoholic beverages.
(j) Gasoline Stations. The following regulations shall apply to the approval and operation of gasoline stations:
(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.
(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 and Zoning Administrator or the Board of Zoning and Building Appeals. Such screening shall be set back from residential districts at least ten (10) feet and landscaped according to the approved site plan.
(5) Fuel pumps and canopies shall conform to all requirements of this chapter 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 (2) per site. On corner lots, curb cuts shall be limited to one (1) per street.
(k) Drive-Thru Service. The following regulations shall apply to the approval and operation of drive-thru establishments:
(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-thru facility shall be designed to have sufficient length to accommodate the peak number of vehicles projected to use the facility at any one (1) 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 Planning and Zoning Administrator or Board of Zoning and Building Appeals, as applicable, may require a traffic study which documents the projected vehicular use of the proposed facilities and evidence of compliance with the provisions of this Zoning Code.
(3) The Planning and Zoning Administrator or Board of Zoning and Building Appeals, as applicable, 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.
(l) Solar Panels and Solar Panel Arrays. The following regulations shall apply to the installation of solar panels and solar panel arrays:
(1) Accessory use. A solar panel or a solar panel array, in each case, whether freestanding or roof mounted, shall be classified as a permitted accessory use in all zoning districts in the City, subject to the regulations set forth herein. Any solar panel or solar panel array shall be installed in accordance with all applicable building and electrical codes. Except as otherwise, provided herein, solar panels and solar panel arrays shall be installed and located in accordance with the zoning regulations for the base zoning district in which such panels or arrays are to be installed. A zoning certificate is required for freestanding solar panels or solar panel arrays only.
(2) Roof mounted solar panels and solar panel arrays. Roof-mounted solar panels or solar arrays shall be located in accordance with the following regulations.
A. Roof line. A roof-mounted solar panel or solar panel array shall not be located so that it extends beyond the roof line in any direction including above and beyond the roof peak.
B. Roof height projection. When located on a flat roof, solar panels or solar panel arrays shall not project vertically more than ten (10) feet from the surface of the flat roof. For purpose of this subsection, “flat roof ” shall mean any roof that is less than seventeen (17) degrees or 2/12 pitch.
C. Glare. Roof mounted solar panels or solar panel arrays shall not be positioned so as to create glare on to adjacent roads, buildings, lots, or rights-of-way.
(3) Freestanding solar panels and solar panel arrays. Free-standing solar panels or solar arrays shall be located in accordance with the following regulations.
A. Location. Freestanding solar panels or solar panel arrays shall not be located in front of any principal building and shall not project past the width of the principal building.
B. Height. The maximum height for any freestanding solar panel or solar panel array shall be the maximum height of an accessory structure in the base zoning district in which the solar panel or solar panel array is located.
C. Glare. Freestanding solar panels or freestanding solar panel arrays shall be located so as not to create glare onto adjacent roads, buildings, lots, or rights-of-way.
D. Lot coverage. The maximum lot coverage for any freestanding solar panel or freestanding solar panel array shall be ten (10) percent of the total lot area with the lot coverage being determined based upon the area of the face of the solar panels.
E. Screening. All freestanding solar panels or freestanding solar panels with a ground storage battery shall secure such battery with a secure cover.
F. Wind resistance. All freestanding solar panels and freestanding solar panel arrays shall be able to withstand velocities of no less than one hundred ten (110) miles per hour.
(4) Site plan. Any application for a solar panel or solar panel array under this section shall be accompanied with a site plan depicting the following items:
A. The location of the panels or panel array;
B. The height of the panels or panel array;
C. For roof mounted panels and panel arrays, an overhead view of the roof identifying all vents, chimneys, or other appurtenances, including vertical objects (e.g. trees), that may affect the location of panels;
D. For freestanding panels and panel arrays, a calculation of the lot coverage of the panels or panel array;
E. An indication of whether any freestanding panel or panel array has a ground storage battery, and, if so, how such battery will be secured;
F. The manufacturer cut sheet for the model to be installed; and
G. Such other information as the Planning and Zoning Administrator may determined to be necessary to evaluate compliance with this section and with the Zoning Code.
(5) Decommissioning. The Planning and Zoning Administrator shall be notified in writing by the owner of any previously permitted solar panel or solar panel array upon the permanent discontinuance of energy production, and panels and/or arrays shall be completely removed within nine (9) months of discontinuance of use and the affected area shall be fully restored to its preconstruction condition or better within three (3) months of the date of such removal.
(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)