§ 153.105 SPECIAL EVENTS.

   (A)   In deciding whether a permit for a special event should be denied for any reason specified in §§ 153.340 through 153.363, the Zoning Administrator shall ensure that, if the special event is conducted at all:

      (1)   The hours of operation allowed shall be compatible with the uses adjacent to the activity;

      (2)   The amount of noise generated shall not disrupt the activities of adjacent land uses;

      (3)   The applicants shall guarantee that all litter generated by the special event be removed at no expense to the town; and

      (4)   The Zoning Administrator shall not grant the permit unless it finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.

   (B)   In cases where it is deemed necessary, the Zoning Administrator may require the applicant to post a bond to ensure compliance with the conditions of the zoning permit.

   (C)   If the permit applicant requests the town to provide extraordinary service or equipment, or if the Town Manager otherwise determines that extraordinary services or equipment should be provided for the public health or safety, the applicant shall be required to pay a fee sufficient to reimburse the town for the costs of these services. This requirement shall not apply if the event has been anticipated in the budget process and sufficient funds have been included in the budget to cover the costs incurred.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.106 PLACES OF WORSHIP.

   (A)    Places of worship, churches and religious institutions are permitted in any residential zoning district in the town unless otherwise regulated by this chapter. However, no place of worship, church or religious institution shall be permitted to be located in any pre-existing storefront buildings located in the C-1 Commercial District.

   (B)   Moreover, places of worship located in zoning classifications other than the town's C-1 and C-2 Commercial Districts shall meet the following requirements:

      (1)   Height limitations of the zone in which it is located shall be observed; provided, however, the spire, belfry or other similar architectural features are exempt.

      (2)   The parking requirements of §§ 153.205 through 153.217 shall be observed.

      (3)   Open space and planting requirements shall be in accordance with § 153.160 governing non- residential developments.

      (4)   Required setbacks shall be: front yard, 35 feet; side yards (each), 25 feet; rear yard, 25 feet. No parking shall be located in front yards. Inside and rear yards, parking shall not be in any area required for a setback unless densely planted buffer strips or other fencing is installed to protect abutting property from noise, dust, glare of lights and other nuisances; then parking may be permitted, but no closer than ten feet to the property line.

      (5)   Places of worship located within a residential zoning district shall be permitted a maximum sign surface area of 32 square feet. In the case of freestanding signs in a residential zoning district, said signs shall not exceed a height of ten feet. Signs for places of worship found in a commercial zoning district shall be the same as prescribed in that particular zoning district as outlined in §§ 153.180 through 153.192.

      (6)   Places of worship shall install a semi-opaque screen, as defined in § 153.233, along all property lines that abut residential properties.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.107 PUBLIC AND PRIVATE SCHOOLS.

   (A)    Public and private schools (permanent facilities) are permitted in any residential zoning district in the town, except for mobile school facilities as regulated in the Table of Permitted Uses.

   (B)   However, the following requirements must be fulfilled:

      (1)   All height limitations on the zoning district in which it is located shall be observed; provided that, flagpoles, electronic gear and mechanical appurtenances are exempt from the height restrictions.

      (2)   In addition to the off-street parking requirements outlined in §§ 153.205 through 153.217 of this chapter, there shall be one off-street parking space of appropriate size provided for each bus to be used for the transportation of students to and from school and/or extracurricular activities.

      (3)   Off-street loading facilities shall be provided for the aforementioned buses.

      (4)   Off-street loading facilities shall be provided for private vehicles and be so designed that its use is convenient with points of ingress and egress on a major street.

      (5)   No school building may be closer than 150 feet to any property line, unless an opaque screen as defined in §§ 153.230 through 153.236 of this chapter is provided in which case said school building may be constructed no closer than 75 feet to a property line.

      (6)   Public and private schools signs shall follow the regulations as outlined in §§ 153.180 through 153.192. However, free-standing signs located along the public right-of-way shall be limited to ground signs as prescribed in § 153.187(E).

      (7)   That the site plan must be approved by the State Board of Public Instruction, Division of School Planning, in the case of public schools or in the case of private or parochial schools meet the requirements of the division of school planning.

(Ord. passed 4-9-2013; Ord. 2017-01, passed 4-11-2017; Ord. 2021-03, passed 6-8-2021)

§ 153.108 PARKS, PLAYGROUNDS AND OTHER RECREATIONAL FACILITIES OF A NON-COMMERCIAL NATURE.

    Such uses are permitted in any zoning district in the town under the following restrictions:

   (A)   Off-street parking adequate to meet the needs of the people who will be using the facilities shall be provided. (See § 153.207.)

   (B)   Parks, playgrounds and other recreational facilities of a non-commercial nature located within a residential zoning district shall be allowed signage; provided, such signage shall not exceed 32 square feet and, in the case of freestanding signs, shall not exceed a height of ten feet.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.109 CHILD CARE HOMES.

    The following specific provisions shall be met as minimum standards prior to the approval of any child care home as a special use in a residential zoning district.

   (A)   Off-street parking adequate to meet the needs of the people who will be using the facilities shall be provided. (See § 153.207.)

   (B)   Child care homes located within a residential zoning district shall be allowed signage; provided, such signage does not exceed a total sign surface area of 12 square feet and, in the case of freestanding signs, shall not exceed a height of ten feet.

   (C)   Child care homes located within a residential zoning district shall meet the requirements of the zoning district in which they are placed in terms of setback, lot coverage, density and the like.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.110 CHILDREN’S DAY CARE FACILITIES.

     The following specific provisions shall be met as minimum standards prior to the approval of any children's day care facility as a special use in a residentially zoned area.

   (A)   The minimum lot size for the facility shall be 14,000 square feet.

   (B)   Building setback (minimum) from any public or private street shall be 30 feet.

   (C)   Rear yard setback (minimum) shall be 35 feet.

   (D)   Side yard setback (minimum) shall be 20 feet.

   (E)   Corner lot setback (minimum) from interior lot lines shall be 20 feet.

   (F)   Minimum distance to another children's day care facility, whether conforming or non- conforming, shall be 500 feet.

   (G)   The minimum number of paved off-street parking spaces shall be two with one additional space added for each employee.

   (H)   There shall be a paved off-street loading and unloading area for use at the child care facility. This space shall be in addition to the minimum paved off-street parking areas. Each facility must have sufficient paved driveway to accommodate at least two autos at one time for the purpose of loading and unloading passengers.

   (I)   All children's outside play areas shall be enclosed with a fence. The fence must be at least six feet high.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.111 BED AND BREAKFAST ESTABLISHMENTS.

    Where permitted by this chapter, bed and breakfast establishments shall meet the following requirements:

   (A)   Dwelling cannot provide more than three bedrooms for overnight guests.

   (B)   One parking space per guest room must be provided off the street in addition to two off street parking spaces for the principal occupants. The parking area must not encroach beyond the side, and rear setback lines of the zoning district.

   (C)   Bed and breakfast establishments located within a residential zoning district shall be permitted a maximum sign surface area of 32 square feet. Said signs shall also not exceed a height of ten feet.

   (D)   No pulsating, flashing, oscillating or other types of attention getting devices shall be permitted.

   (E)   No outdoor activities other than those associated with the normal activities of a single-family home are permitted.

   (F)   The use must annually meet the health standards of the state and county government and proof will be presented to the Zoning Administrator.

   (G)   The dwelling must be the primary residence of the owner.

   (H)   A buffer of vegetation which will grow to a height of four feet must surround the parking area on three sides.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)