(a) Community Gardens.
(1) The owner of the property shall have an established set of operating rules addressing the governance structure of the garden, hours of operation, maintenance and security requirements and responsibilities, and distribution of garden plots.
(2) The name and telephone number of the owner and any person designated as the person in-charge of the garden coordination along with a copy of the operating rules shall be kept on file with the Director of Community Development.
(3) The site shall be designed and maintained so that water and fertilizer will not drain onto adjacent properties.
(4) There shall be no retail sales on site, except for produce grown on the site.
(5) Benches, bike racks, raised/accessible planting beds, picnic tables, garden art, and rain barrel systems are permitted.
(6) The community garden may include one storage shed and one farmers market per lot (not per individual garden plot) for the purposes of communal storage and/or communal sales of produce that are grown on-site.
(b) Residential Facilities.
(1) Residential facilities as defined in ORC Chapter 5119 providing services for one to five people and residential facilities as defined in ORC Chapter 5123 providing services for six to eight people are allowed where single-family dwellings are permitted. Such use shall be deemed a permitted use in all residential zoning districts. Such facilities must comply with the lot and principal building regulations (See Section 1113.01.) and any other standards in this code that apply to single-family dwellings within the applicable district.
(2) Residential facilities as defined in ORC Chapter 5119 providing services for six to 16 people and residential facilities as defined in ORC Chapter 5123 providing services for nine to 16 people are allowed in the R2-C and RM-D. Districts. Such use shall be deemed a conditional use in the R2-C and RM-D Districts. Such facilities must comply with the lot and principal building regulations (See Section 1113.01.) and any other standards in this code that apply to multi-family dwellings within the applicable district.
(c) Skilled Nursing or Personal Care Facilities.
(1) The principal building shall be set back a minimum of fifty (50) feet from any adjacent residential zoning district or lot that contains a single-family dwelling.
(2) Skilled nursing or personal care facilities shall be located so as to provide direct access from a major or minor arterial.
(d) Active Recreational Facilities and Commercial Recreational Facility (Outdoors).
(1) The minimum lot area shall be at least one acre.
(2) All structures, viewing areas, or seating areas shall be set back at least 100 feet from any residential zoning district.
(3) All outdoor lighting shall project downward and shall be of full cutoff design in order to minimize glare and reflection onto adjoining properties and public streets. See Section 1113.03 for additional information on outdoor lighting.
(4) The hours of operation may be regulated by the Planning Commission, if necessary, to mitigate adverse impacts on adjacent residential uses.
(5) No use that involves the discharge of firearms is permitted.
(e) Fraternal, Charitable, and Service Oriented Clubs. Accessory uses necessary to the operation of such use, such as clubhouses, restaurants, bars, swimming pools and similar activities, shall be permitted if they comply with the applicable standards in Section 1111.01. However, such uses, where the conduct of business is the principal activity shall be prohibited, unless permitted in the applicable zoning districts.
(f) Places of Worship. The following standards shall apply to all places of worship in the SM-D District:
(1) The maximum lot coverage shall be consistent with the provisions of the CBD District, or twenty-five percent (25%) of total area of parcel being developed. Increases may be approved by the Planning Commission as part of the site plan review process.
(2) The maximum height shall be the same as that for uses in the CBD District. Increases may be approved by the Planning Commission as part of the site plan review process.
(g) Residential Community Centers.
(1) One residential community center shall be allowed within an individual subdivision or for a multi-family dwelling development with more than twelve (12) dwelling units.
(2) Additional residential community centers may be approved as part of a development that is approved as a planned unit development.
(3) The residential community center shall only be for the use of residents of the individual subdivision, multi-family dwelling development, or PUD, as applicable, and their guests.
(h) Wireless Communications Towers and Antenna.
(1) Purpose. In recognition of the quasi-public nature of cellular and wireless personal communication systems, it is the purpose of these regulations, to the extent permitted by law, to apply the standards set forth in this section to specifically accomplish the following:
A. Accommodate the need for cellular or wireless communications towers and facilities for the provision of personal wireless services while regulating their location and number in the City;
B. Minimize adverse visual effects of communications towers and support structures through proper siting, design and screening;
C. Avoid potential damage to adjacent properties from communications towers and support structure failure;
D. Encourage the joint use of any new and existing communications towers and support structures to reduce the number of such structures needed in the future; and
E. Facilitate modifications to existing communication facilities.
(2) Exemptions. The following shall be exempt from the provisions of this section, but may be subject to other applicable sections of this code, as noted:
B. A ground or building receive-only radio or television satellite dish antenna, for the sole use of the resident occupying a parcel on which the satellite dish is located (See Section 1111.01.);
C. Mobile telecommunication services of a temporary nature providing public information coverage of a news event; and
D. Government owned and operated receive-and/or-transmit telemetry station antennas for supervisory control and data acquisition systems for water, flood alert, traffic control devices and signals, storm water, pump stations and/or irrigation systems and similar uses.
(3) Standards and Processes for New Wireless Communications Towers and Antenna.
A. Standards of Approvals Applicable to All New Cellular or Wireless Communications Antennas and Towers as Conditional Uses.
i. The applicant shall demonstrate that the tower and/or antenna is the minimum height required to function satisfactorily. No tower or antenna that is taller than this minimum height shall be approved. In no case shall a tower exceed 200 feet in height.
ii. If a cellular or wireless communications tower is to be constructed, the minimum distance between the base of the tower or any guy wire anchors and the property line shall be the greater of the following:
a) Forty percent (40%) of the tower height;
b) The minimum setback in the underlying zoning district; or
c) Fifty (50) feet.
iii. The applicant shall demonstrate that the proposed cellular or wireless communications tower and its antennas are safe and that the surrounding properties will not be negatively affected by tower failure, falling ice or other debris, electromagnetic fields or radio frequency interference. Furthermore, all cellular or wireless communications towers shall be fitted with anti-climbing devices as approved by manufacturers.
iv. Cellular or wireless communications sites shall be set back a minimum of 1,000 feet from any lot in a residential zoning district.
v. A fence shall be required around the cellular or wireless communications tower and its support structure(s), unless the antenna is mounted on an existing structure. The fence shall be minimum of eight (8) feet in height and shall be erected to prevent access to non-authorized personnel.
vi. Landscaping shall be required to screen, to the greatest extent possible, the support structures, the fence surrounding the cellular or wireless communications tower, and any other ground level features and, in general, shall soften the appearance of the cellular or wireless communications site. The City may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure, and other equipment is housed inside of an existing structure, landscaping shall not be required. Any freestanding cellular or wireless communications tower shall incorporate landscaping which includes trees, shrubs and other landscaping vegetation that is subject to review and is acceptable to the Planning Commission. In addition. existing vegetation on and around the site shall be preserved to the greatest extent possible.
vii. In order to reduce the number of antenna support structures needed in the City in the future, the proposed cellular or wireless communications tower shall be required to accommodate other uses, including other cellular or wireless communications companies, personal wireless services, and the local police, fire, and ambulance departments.
viii. The communications company must demonstrate to the City that it is licensed by the Federal Communications Commission (FCC).
ix. If the cellular or wireless communications site is fully automated, adequate parking shall be required for maintenance workers. If the site is not fully automated, the number of required parking spaces shall equal the number of employees working on the largest shift. All parking specifications and requirements shall be consistent with the applicable parking requirements as established in this code.
x. Cellular or wireless communications towers under 200 feet in height shall be painted silver or have a galvanized finish retained in order to reduce visual impact. Cellular or wireless communications towers shall meet all Federal Aviation Administration (FAA) regulations. No cellular or wireless communications towers may be artificially lighted except when required by the FAA. Furthermore, no cellular or wireless communication tower or antenna shall contain any signage except safety signage, or signage required by the FAA or FCC.
xi. The cellular or wireless communications company shall be required to demonstrate, using the latest technological evidence, that the antenna or tower must be placed where it is proposed in order to satisfy its necessary function in the company's grid system.
xii. If the communications company proposes to build a cellular or wireless communications tower (as opposed to mounting the antenna on an existing structure), it shall be required to demonstrate that it has contacted the owners of nearby tall structures within a one-mile radius of the site proposed, asked for permission to install the cellular communications antenna on those structures, and was denied for reasons other than economic ones. "Tall structures" shall include, but not be limited to: smoke stacks, water towers, buildings over fifty (50) feet in height, antenna support structures of other cellular or wireless communication companies, other communication towers and roadway lighting poles.
xiii. The City may deny the application to construct a new cellular or wireless communications tower if the applicant has not made a good faith effort to mount the antenna on existing structures.
xiv. Applications for new cellular or wireless communications antennas and towers shall also be reviewed against the applicable review criteria for conditional uses under Section 1129.04 of this code.
B. Process of Approvals Applicable to All New Cellular or Wireless Communications Antennas and Towers.
i. The process for review of applications for all new cellular or wireless communications antennas and towers as conditional uses shall be as established in Section 1129.04, as modified in this section.
ii. Site Plan Required
a) In addition, a full site plan shall be required for all proposed new cellular or wireless communications sites in accordance with the submittal requirements established by the Director of Community Development. See Section 1129.07 for the site plan review process.
b) Upon submission of a complete application for site plan review to the Director of Community Development, the application shall be transmitted to the Planning Commission which shall review the site plan to determine if it meets the purpose and requirements as established in this section, of the zoning district where the proposed cellular or wireless communications site is located, and of any other applicable section of the code.
c) Notwithstanding the deadlines and timelines established for the reviews of applications for conditional uses pursuant to Section 1129.04 and for site plans pursuant to Section 1129.07, and subject to current federal "shot clock" rules, applications for new cellular or wireless communications antennas and towers shall be processed and acted upon within ninety (90) days for collocation applications and within 150 days for applications other than collocations. These deadlines begin to run when an application is first submitted, not when the application is deemed complete. These deadlines can be paused if the Director of Community Development notifies the applicant within thirty (30) days that the application is incomplete. The Director of Community Development may pause the application review timeline again if he/she provides written notice within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. Additionally, these review periods may be tolled by mutual agreement between the City (through the Director of Community Development) and the applicant. The timeframe for review is not tolled by a moratorium on the review of applications.
C. Necessity to Collocate. Any applicant for a conditional use to construct a cellular or wireless communication system shall demonstrate to the City of Sharonville that such user has made all reasonable efforts to collocate its equipment upon an existing tower owned either by the applicant or by another entity. Such efforts to collocate shall be documented by clear and convincing evidence of such attempts, and if such attempts are not feasible, the lack of feasibility shall also be documented by clear and convincing evidence that collocation is unfeasible. Collocation shall also be required on tall structures in the vicinity of that proposed by the applicant. As a guideline, all owners of tall structures and other cellular and wireless communications systems within a one-mile radius shall be contacted and permission requested to install such structure. In addition, any applicant to construct such a system must indicate its willingness to cooperate in the future to allow collocation by another user. Refusal to cooperate in collocation requests by either the applicant for a new structure or the owner and operator of a current structure shall represent grounds for denial of future requests by such users. Applicants who request the right to collocate are expected and required to bear an equitable share of capital operating and other expenses in connection with such shared use.
(4) Standards and Processes for Modifications to Existing Towers and Base Stations.
A. Purpose. This section implements Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. § 1455), as interpreted by the Federal Communications Commission's ("FCC") Acceleration of Broadband Deployment Report & Order (29 FCC Rcd 12865), which requires a state or local government to approve Eligible Facilities Requests for a modification of an existing tower or base station that does not result in a substantial change to the physical dimensions of such tower or base station.
B. Application Review Process.
i. Application. The City shall prepare and make publicly available an application form which shall be limited to the information necessary for the City to consider whether an application is an Eligible Facilities Request. The application may not require the applicant to demonstrate a need or business case for the proposed modification.
ii. Type of Review. Upon receipt of an application for an Eligible Facilities Request pursuant to this chapter, the Director of Community Development shall review such application to determine whether the application so qualifies.
iii. Timeframe for Review. Within sixty (60) days of the date on which an applicant submits an application seeking approval under this chapter, the City shall approve the application unless it determines that the application is not covered by this chapter.
iv. Tolling of the Timeframe for Review. The sixty (60)-day review period begins to run when the application is filed, and may be tolled only by mutual agreement between the City and the applicant, or by the Director of Community Development in cases where the Director of Community Development determines that the application is incomplete. The timeframe for review is not tolled by a moratorium on the review of applications.
a) To toll the timeframe for incompleteness, the City must provide written notice to the applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in the application.
b) The timeframe for review begins running again when the applicant makes a supplemental submission in response to the City's notice of incompleteness.
c) Following a supplemental submission, the City will notify the applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
v. Interaction with 47 U.S.C. § 332(c)(7). If the City determines that the applicant's request is not covered by Section 6409(a) as delineated under this chapter, the presumptively reasonable timeframe under 47 U.S.C. § 332(c)(7), as prescribed by the FCC's Shot Clock order, will begin to run from the issuance of City's decision that the application is not a covered request. To the extent such information is necessary, the City may request additional information from the applicant to evaluate the application under 47 U.S.C. § 332(c)(7), pursuant to the limitations applicable to other reviews under that section.
vi. Failure to Act. In the event the City fails to approve or deny a request seeking approval under this chapter within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the applicable reviewing authority in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
vii. Remedies. Applicants and the City may bring claims related to Section 6409(a) to any court of competent jurisdiction.
(5) Maintenance. Any owner of property used as a cellular or wireless communications site shall maintain such property and all structures in good condition and free from trash, outdoor storage, weeds and other debris. Any cellular or wireless communications tower that has discontinued its service for a period of 180 continuous calendar days or more shall be removed, along with all accessory structures related thereto. Discontinued shall mean that the structure has not been properly maintained, has been abandoned, become obsolete, is unused or has ceased the daily activities or operations which had occurred.
(6) Removal of Abandoned Facilities. Any license renewal requires that all providers utilizing wireless communications towers present a report to the City of Sharonville of any tower and accessory facilities/structures located in the City of Sharonville whose use will be discontinued and the date this use will cease. If at any time the use of the wireless communications tower and accessory facilities/structures is discontinued for a continuous period of 180 days, the Director of Community Development may declare the wireless communications tower and accessory facilities/structures abandoned. The owner/operator of the wireless communications tower and accessory facilities/structures will receive written notice from the Director of Community Development and be instructed to either reactivate use of the wireless communications tower and accessory facilities/structures within 180 days or dismantle and remove the wireless communications tower and accessory facilities/structures.
(7) Nonconforming Facilities. Except as provided in this chapter, any use being made of an existing tower or antenna support structure on the effective date of this code and any amendment thereto shall be allowed to continue, even if it is in conflict with this section. Any change or improvement made to an existing wireless communications tower shall comply with this section.
(8) Technical and Legal Consultants. At its discretion, the City may engage outside technical and/or legal consultants to evaluate and/or verify the information used to support application or any testimony in City proceedings. The reasonable cost for the consultants shall be borne by the applicant. An advance deposit for the estimated cost of the fees for the outside consultants shall be promptly paid to the City by the applicant upon request by the City. Failure to pay such deposit shall render any pending application incomplete until paid. After the consultant's work has been completed, if the amount of the deposit was insufficient to cover the cost of the consultants' fees the applicant shall immediately reimburse the City for any shortfall. If the cost of the work is less than the estimate the amount over shall promptly be repaid to the applicant at the conclusion of the application proceedings.
(i) Adult Entertainment Establishments.
(1) Purpose and Findings.
A. It is the purpose of this section to regulate adult entertainment establishments in order to promote the public health, safety, morals, convenience, comfort, prosperity and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of adult entertainment establishments within the City. The provisions of this chapter do not have the purpose or effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Further, it is not the intent of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment of their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
B. City Council has received substantial evidence concerning the adverse secondary effects of adult uses on a community findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theaters, 426 U.S. 50 (1976) and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities, including, but not limited to Phoenix, Arizona; Tucson, Arizona; Garden Grove, California; Los Angeles, California; Whittier, California; Indianapolis, Indiana; Minneapolis, Minnesota; St. Paul, Minnesota; New York, New York; Cleveland, Ohio; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; and Seattle, Washington.
(2) Classification. Adult entertainment establishments shall be classified as follows:
A. Adult arcades;
B. Adult bookstores, adult novelty stores, or adult video stores;
C. Adult cabarets;
D. Adult motion picture theaters;
E. Adult entertainment businesses;
F. Adult theaters;
G. Sexual device shop; and
H. Sexual encounter establishment.
(3) Locational Requirements. All adult entertainment establishments shall meet the following location requirements.
A. No adult entertainment establishment shall be established within 1,000 feet of any lot upon which the following uses exist:
` i. A use with a liquor permit issued by the State of Ohio;
ii. A place of worship;
iii. A hotel;
iv. A publicly owned active recreational facility or a passive park, open space, or natural area;
v. A day care center, nursery school, educational institution or cultural institution, whether public or private, governmental or commercial, which use is regularly attended by persons under eighteen (18) years of age.
vi. Another adult entertainment establishment; or
vii. A residential use of any type as established in Table 1105-1.
B. The distances specified in this section shall be measured in a straight line, without regard to intervening structures, from the nearest point of the premises in which the proposed adult entertainment establishment is to be established to the nearest lot line of a use or zoning classification listed above or another adult entertainment establishment. The presence of a City, County or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(4) Development and Operational Standards. All adult entertainment establishments shall be subject to the following development and operational standards:
A. No adult entertainment establishment shall be located in any temporary or portable structure.
B. The applicant shall submit evidence to the City of Sharonville that all of the applicable State, County and local health district regulations have been satisfied as part of any certificate of zoning approval application.
C. No interior portion of the adult entertainment establishment may be visible from the outside, either through windows, doors or any other openings.
D. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance or exit to the business.
E. All entrances to an adult entertainment establishment shall be clearly and legibly posted with a notice indicating that minors are prohibited from entering the premises.
F. The adult entertainment establishment shall not conduct or sponsor any activities which create a demand for parking spaces beyond the number of spaces required by the business.
G. No adult entertainment establishment shall be operated in any manner that permits the observation of any persons or material depicting, describing or related to specified sexual activities or specified anatomical areas, inside the premises, from any public way or from any location outside the building or area of such establishment. This provision shall apply to any merchandise, display, decoration, sign, showcase window, or other opening.
H. Prior to commencing business, the applicant shall provide satisfactory information, including the following data:
i. The address and legal description of the premises upon which the business is to be located;
ii. The identification of the individual acting as applicant, and whether they are applying in their individual capacity, or on behalf of a business entity, including partnership (general partnership or limited partnership), corporation, limited liability company, or any other business entity;
iii. The name, date of birth and social security number of all owners, partners, and limited partners, shareholders if a corporation, and owners of limited liability companies;
iv. If a business entity (including corporation, limited or general partnership, or limited liability company), the address of the principal place of business of the entity and the name and address of the statutory agent in the State of Ohio upon whom service of process may be issued:
v. The name, date of birth and social security number of each employee (or contemplated employee) who will be employed in the business enterprise;
vi. A statement regarding each of the owners and the applicant identifying all prior Ohio or other State liquor permit violations or revocations involving such individuals;
vii. A description of the physical layout of the structure, including the exterior signage, exterior lighting, and exterior sound system, if any, and the exterior parking requirements. The signage and parking requirements shall be as provided in Chapter 1121: Parking, Access, and Connectivity and Chapter 1123: Signs;
viii. A statement by the applicant on behalf of their self and on behalf of all owners that the City Police Department is authorized to conduct a background check on the applicant, all owners, and employees regarding prior criminal activity, if any, and prior liquor permit violations.
I. No adult entertainment establishment shall be or remain open for business between 12:00 midnight and 6:00 a.m. on any day, except that an adult entertainment establishment that holds a liquor permit pursuant to Chapter 4303 of the Ohio Revised Code may remain open until the hour specified in that permit if it does not conduct, offer, or allow sexually oriented entertainment activity in which the performers appear nude.
J. No individual under age eighteen (18) may be employed in an adult entertainment establishment.
K. No patron who is not a member of the employee's immediate family shall knowingly touch any employee while that employee is nude or semi-nude or touch the clothing of any employee while that employee is nude or semi-nude.
L. No employee who regularly appears nude or semi-nude on the premises of a sexually oriented business, while on the premises of that sexually oriented business and while nude or semi-nude, shall knowingly touch a patron who is not a member of the employee's immediate family or another employee who is not a member of the employee's immediate family or the clothing of a patron who is not a member of the employee's immediate family or another employee who is not a member of the employee's immediate.
M. Whoever violates paragraph 1105.03(i)(4)I of this section is guilty of illegally operating a sexually oriented business, a misdemeanor of the first degree.
N. Whoever violates paragraph 1105.03(i)(4)K of this section is guilty of illegal sexually oriented activity in a sexually oriented business. If the offender touches a specified anatomical area of the patron or employee, or the clothing covering a specified anatomical area, a violation of division 1105.03(i)(4)K of this section is a misdemeanor of the first degree. If the offender does not touch a specified anatomical area of the patron or employee, or the clothing covering a specified anatomical area, a violation of division 1105.03(i)(4)K of this section is a misdemeanor of the fourth degree.
(j) Animal Boarding Facilities.
(1) All structures and outdoor run areas designed to house or accommodate animals, either permanently or temporarily, shall be set back a minimum of 200 feet from all lot lines in a residential zoning district. All other structures related to the use of the property shall be set back in accordance with the applicable zoning district.
(2) Care and boarding of animals shall be limited to domestic animals and may not include cattle, horses, swine, or other similarly sized animals.
(3) A solid wood fence or masonry wall with a minimum height of six (6) feet shall be constructed where a kennel or animal boarding facility is located adjacent to a residential zoning district.
(k) Automotive Repair and Service (Minor), and Fuel Stations.
(1) Any repair work on vehicles that do not fall under Class 1, 2, or 3 vehicles, as defined by the Federal Highway Administration (FHWA), shall be defined as "automotive repair and service (major)" and subject to the applicable provisions of this chapter.
(2) No subject facility existing on prior to February 10, 1983, shall be structurally altered so as to provide a lesser degree of conformity with the provisions of this section than existed on such date.
(3) The minimum lot area shall be 32,000 square feet and the minimum lot frontage shall be 150 feet.
(4) Fuel pumps shall be set back a minimum of thirty-five (35) feet from all lot lines and fifty (50) feet from all adjacent lot lines of lots in residential zoning districts.
(5) Canopies and principal buildings shall be set back a minimum of twenty (20) feet from all lot lines and fifty (50) feet from all adjacent lot lines of lots in residential zoning districts.
(6) Driveways shall be a minimum of twenty-seven (27) feet from street intersections. This distance shall be measured along the curb line from the point of intersection of street right-of-way lines. Driveways shall be a minimum of ten (10) feet from abutting properties as measured along the curb line.
(7) Curb cuts shall not exceed thirty-six (36) feet of width at curb line and thirty (30) feet of width at lot line. The angle of driveway approaches shall not be less than forty-five degrees from lot line.
(8) Access drives or approach aprons shall not open or extend into or across alleys.
(9) All hydraulic hoists, oil pits, and all lubricants, greasing, vehicle washing and repair equipment shall be enclosed entirely within a building. No outdoor disassembly or repair of motor vehicles shall be permitted.
(10) All repair work must be performed in a fully enclosed building.
(11) Activities shall be limited to:
A. The sale of automotive fuel;
B. The servicing of motor vehicles with minor repair work;
C. Hand washing of vehicles within an enclosed building;
D. The retail sale of vehicle parts and products relating to minor repair work, such as, but not limited to, oil, grease, tires, antifreeze, batteries, and windshield wipers. The storage and sales of such products shall take place entirely within an enclosed building.
(12) Space for overnight parking, overnight accommodations, or the inclusion of showers within the building shall be prohibited.
(13) Any major repair work, including but not limited to, automobile body repair and painting, automobile glass work, automobile transmission work, automobile engine overhaul and repair, and radiator repair work shall be classified as "automotive repair and service (major)" and shall be subject to Section 1105.03(l).
(14) Vehicles being serviced or awaiting service shall be stored for no longer than seven (7) calendar days on the site if in unenclosed areas or areas not screened from view.
(15) The storage and disposal of solid waste and recyclable materials, including used or discarded motor vehicle parts or equipment, and fluids, shall comply with all applicable Federal, State, and local requirements.
(16) Outdoor solid waste, storage areas, and recyclable storage areas shall be screened in accordance with Section 1119.06.
(17) Gasoline and other flammable mixtures shall not be used to wash down the premises.
(18) Sanitary drains located on the premises without approved separators in the trap are prohibited.
(19) In the event that an automotive repair and service facility has been abandoned or not used as a fuel station for a period of six months, any application to operate such premises as an automotive repair and service facility or fuel station shall be considered as an application for a new use.
(20) In the event that an approved use has been abandoned or not used for a period of more than one year, all underground gasoline storage tanks shall be removed from the premises. Upon a finding by the Director of Community Development that practical difficulties or unnecessary hardships preclude removal of gasoline storage tanks in the ground as in the case of structures above or sub-grade structures near the tank, the Director of Community Development may, upon application to them in writing, authorize that in lieu of removal of the tanks, the applicant may be permitted to fill the tank or tanks with sand, liquid concrete or other noncombustible solid material approved by the Director of Community Development.
(l) Automotive Repair and Service (Major).
(1) An automotive repair and service (major) establishment shall be subject to the same requirements as an automotive service station (minor) as established in Section 1105.03(k), above.
(2) The principal structure shall be set back a minimum of 150 feet from any lot line of a lot in a residential zoning district. Parking for the storage of vehicles, whether operational or non-operational, shall be set back a minimum of fifty (50) feet from any adjacent lot line in a residential district.
(3) The storage of non-operational vehicles for longer than fourteen (14) days shall be permitted if stored in the rear yard and screened by a solid wall or fence with a minimum height of six (6) feet.
(4) The use may be subject to additional screening requirement in accordance with Chapter 1119: Landscaping and Screening.
(5) Vehicles awaiting repair shall be parked in designated parking spaces and shall not encroach on driving aisles, landscaped areas and drive approaches. No part of the street right-of-way shall be used for parking of vehicles awaiting service.
(6) Damaged or inoperable vehicles shall not be used for storage purposes.
(m) Funeral Homes and Mortuaries.
(1) There shall be a minimum lot area of one acre and a minimum lot width of 150 feet.
(2) Vehicular use areas shall be designed to allow for the queuing of vehicles if funeral processions are intended to originate or terminate at the establishment.
(3) One dwelling unit may be provided within the principal building for the use by the owner or an employee of the use.
(4) All funeral homes shall be located so as to provide direct access from an arterial or collector street.
(5) Cremation services shall be permitted only in the CS and GI Districts and shall be set back a minimum of 500 feet from any lot line in a residential zoning district.
(n) Microbrewery, Microdistillery, or Microwinery.
(1) A microbrewery, microdistillery, and microwinery shall be allowed in the LB, GB, CBD, and SM-D Districts when the majority of the floor area is dedicated to being used for restaurant service or for the serving of drinks made on site so that the use fits into the retail character of the districts. Drinks made off site may also be permitted provided the majority of drinks offered for sale are made on site.
(2) A microbrewery, microdistillery, and microwinery shall be allowed in the GB District when less than a majority of the floor area is dedicated to being used for restaurant service or for the serving of drinks made on site (production facility) provided it is approved as a conditional use and where such use does not have building frontage along any major commercial street, as determined by the Planning Commission.
(3) A microbrewery, microdistillery, and microwinery in the CS or the GI Districts may include a taproom area to serve customers drinks made on site provided the floor area of the taproom does not exceed fifty percent (50%)of the total footprint of the use. Food service may be included within the fifty percent (50%) total footprint. Drinks made off site may also be permitted provided the majority of drinks offered for sale are made on site.
(o) Nursery Schools and Day Care Centers.
(1) Picking up and dropping off of children shall not create unsafe conditions. Loading and unloading of children from vehicles shall only be allowed in the driveway or in an approved parking area.
(2) No dormitory facilities shall be permitted.
(p) Restaurants, Drive-In or Drive-Through.
(1) The principal use of a drive-through restaurant shall be a restaurant where a minimum of forty percent (40%) of the gross floor area is dedicated to indoor dining.
(2) The restaurants shall have frontage along a minor or major arterial street.
(3) Any drive-through facility shall not be located along any building facade that faces a public street unless otherwise permitted by the Planning Commission as part of the site plan review.
(4) The Planning Commission may establish hours of operation of the drive-through or drive-in facilities based on the proximity of those activities to adjacent residential uses.
(5) The principal and accessory buildings shall be set back a minimum of sixty (60) feet from any adjacent right-of-way line or lot line in a residential zoning district.
(6) Public access to the site shall be located at least seventy-five (75) feet from any intersection as measured from the nearest right-of-way line to the near edge of such access.
(q) Vehicle Sales and Leasing (New).
(1) The minimum lot area shall be 32,000 square feet and the minimum lot frontage shall be 150 feet.
(2) Display of vehicles for sale or lease outdoors shall be located on a paved surface, and within striped parking spaces, that all comply with the parking requirements of Chapter 1121: Parking, Access, and Connectivity.
(3) All work on vehicles, including, but not limited to, cleaning, servicing, and repair, shall be done only in an enclosed building and shall be subject to the same standards as an automotive repair and service establishment (minor) or automotive repair and service (major) establishment, as applicable.
(r) Vehicle Sales and Leasing (Used).
(1) The minimum lot area shall be 32,000 square feet and the minimum lot frontage shall be 150 feet.
(2) The sale or leasing of used vehicles, including the display, offering for sale and leasing of used vehicles, shall only be permitted as an accessory use to an establishment that sells new vehicles and such sale at retail, display, offering for sale and leasing of used vehicles shall be operated in conjunction with, on the same lot as, and under the same ownership and management of, the new vehicle sales or leasing establishment. Sales may take place on a separate lot if that lot is under the same ownership as the new vehicle sales or leasing establishment.
(3) Display of vehicles for sale or lease outdoors shall be located on a paved surface, and within striped parking spaces, that all comply with the parking requirements of Chapter 1121: Parking, Access, and Connectivity.
(4) All work on vehicles, including, but not limited to, cleaning, servicing, and repair, shall be done only in an enclosed building and shall be subject to the same standards as an automotive repair and service establishment (minor) or automotive repair and service (major) establishment, as applicable.
(s) Vehicle Washing Establishments.
(1) All structures shall be set back a minimum of fifty (50) feet from any residential zoning districts. Any self-service washing establishment or portion of a building used for self-service washing shall be set back a minimum of 150 feet from any residential zoning districts.
(2) In order to prevent excessive pooling of water in the street right-of-way, the facility must be equipped with a dryer or must demonstrate adequate drainage on-site to accommodate all water used for cleaning.
(3) There shall be adequate provision for the disposal of waste water and the prevention of surface runoff.
(4) Vacuuming and/or steam cleaning equipment may be located outside, but shall not be placed in the yard adjoining a residential zoning district.
(t) Container Ports.
(1) In recognition of the nature of the container port industry, it is the purpose of this section to:
A. Accommodate the need for container port facilities while regulating their location and number in the City;
B. Minimize adverse visual effects of "container port depots" through proper siting, design and screening; and
C. Avoid potential dangers of storing containers in such a manner that would prevent proper access by firefighting apparatus and the potential toppling of the same due to improper stacking.
(2) The following use regulations shall apply to container port depots and other similar uses.
A. A new container port depot (constructed or established) is permitted when it is located more than 1,000 feet from the nearest existing container port depot, more than 1,000 feet from the nearest interstate expressway, and 1,000 feet or more from any residential or nonresidential use that would be adversely affected by the establishment of such use, as determined by Planning Commission.
B. A yard storage layout and the maximum height of such storage shall be submitted to the Sharonville Fire Department for approval to assure safety of and access to all parts of the facility.
C. In no case shall containers be stacked taller than twenty (20) feet in height measured from the adjoining grade and a maximum of a single container row ten (10) feet in width with a minimum aisle on either side of eighteen (18) feet. Additionally, all containers shall be stored on paved surfaces.
D. If open yard storage of containers is proposed, the setbacks for such containers shall be as follows:
i. The minimum front yard setback shall be fifty (50) feet.
ii. The minimum side yard setback shall be twenty-five (25) feet.
iii. The minimum rear yard setback shall be fifty (50) feet.
(3) Landscaping.
A. The City may permit any combination of existing vegetation, topography, walls, decorative fences or other approved features instead of landscaping, if they achieve the same degree of screening as the required landscaping.
B. The proposed landscaping shall be required to screen the container port facility to the extent that it softens the appearance to the surrounding areas as approved by Planning Commission.
(4) A full site plan shall be required for all proposed container port sites in accordance with the submittal requirements established by the Director of Community Development. See Section 1129.07 for the site plan review process.
(u) Contractor Equipment and Storage Yards.
(1) Outdoor storage must be associated with a principal building that contains the contracting or construction business associated with the stored materials.
(2) All storage of equipment and materials must be located in the rear yard and screened in accordance with Chapter 1119: Landscaping and Screening.
(v) Self-Storage Facilities.
(1) The leases for all self-storage units shall include clauses related to the following:
A. The storage of flammable liquids or radioactive, highly combustible, explosive or hazardous materials is prohibited; and
B. The property may not be used for any uses other than for the storage of unused or seldom used items.
(2) The maximum lot coverage shall be fifty percent (50%).
(3) All access to any self-storage facility shall be from an arterial or collector street.
(4) There shall be no retail sales on the property with the exception that the owner or their designee may hold an auction on the site up to four times a year for the purpose of selling goods stored in units.
(5) The maximum height of buildings for outdoor self-storage shall be one story.
(6) The Sharonville Fire Department shall be provided with twenty-four (24) hour access to the grounds and buildings. A lockbox shall be provided for its use.
(7) The outdoor storage of inventory, materials, vehicles or merchandise is prohibited.
(8) Sale, repair, fabrication or servicing of goods, motor vehicles, appliances, equipment, or materials or similar activities shall be prohibited in or from self-service storage facilities.
(9) Self-storage facilities may not be used for residential purposes.
(10) Except for sinks and restroom facilities provided solely for the use of the managers or security personnel of self-storage facilities containing more than 10 individual storage units, neither sinks nor restroom facilities shall be permitted within self-storage facilities.
(11) No storage unit door opening in a self-storage facility (outdoor) shall face a residential district.
(w) Truck Terminals.
(1) All buildings shall be set back a minimum of 100 feet from a residential zoning district.
(2) There shall be no outside storage of materials, goods, and products, etc.
(3) Minimum lot size of at least two (2) acres is required.
(Ord. 2022-22. Passed 5-10-22.)