The following minimum requirements shall be imposed on conditional uses. Additional requirements may be imposed by the Planning Commission if deemed appropriate to meet the spirit and intent of this Zoning Code and the Silverton Comprehensive Plan. In granting any conditional use, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Zoning Code.
(A) Automated teller machines (ATMs).
(1) No stand-alone automated teller machine structure nor any portion of an automated teller machine constructed as part of a building facade shall exceed 15 feet in height.
(2) All structures and activity areas, except off-street parking, shall be located no less than 50 feet from all lot lines abutting any residential zoning district and no less than 35 feet from all lot lines abutting non-residential zoning districts.
(3) The Planning Commission may require that a photometric analysis be provided in order to ensure that the foot candle measurement at any property line abutting against any residential use or zoning district does not exceed .5 foot candles.
(B) Automobile sales.
(1) The minimum lot size shall be four acres.
(2) The building setback for such establishments shall be located a minimum of 150 feet from any residential district and the minimum parking setback shall be 50 feet.
(3) All work shall be performed entirely within an enclosed building. During the time work is performed on a vehicle, the vehicle shall be entirely within the building.
(4) Vehicle parking areas, vehicle and equipment storage areas, maneuvering lanes and access ways to public streets shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on and adjacent to the site.
(5) No scrap metal, scrap or salvaged parts, junk vehicles nor used oil, antifreeze, transmission or other such fluids shall be stored above ground on the site.
(6) Parking areas shall not exceed the required number of off-street parking spaces set forth in the off-street parking and loading facilities subchapter.
(7) Any proposed loudspeaker system shall be approved as part of the site plan and may require conditions regulating the hours of usage and maximum decibel levels.
(C) Automotive gasoline or automotive service station.
(1) No structure shall exceed 25 feet in height.
(2) All structures and activity areas, except off-street parking, gasoline pump islands and canopies, shall be located no less than 40 feet from all lot lines. Gasoline pump islands shall be located no less than 25 feet from the road right-of-way. Canopies shall be located no closer than 15 feet from the road right-of-way. Where the property abuts any residential zoning district or residential use, the Planning Commission shall decide on setback requirements taking into account surrounding properties and the Silverton Comprehensive Plan.
(3) There shall be no more than two ingress/egress drives onto the property. No drive shall exceed 35 feet in width.
(4) Lubrication, washing and other incidental servicing of motor vehicles and all supply and merchandise storage shall be completely within an enclosed building except as otherwise provided herein.
(5) Lighting, including permitted illuminating signs, shall be arranged so as not to reflect or cause glare that would constitute a nuisance to any residential use or hazard to traffic on any public thoroughfare.
(6) Employee vehicles and vehicles awaiting servicing or return to customers following servicing shall be parked in areas indicated for such parking on the approved site plan. Such parking areas shall be located no less than 50 feet from the road right-of-way.
(7) The sale of motor vehicles on automotive service station premises shall be prohibited.
(8) The outdoor storage of any materials, part or the outdoor display of goods and merchandise for sale shall be prohibited.
(9) Notwithstanding any other provision of this or any other subchapter relating to the development of automotive service stations, no signs, product displays, parked vehicles or other obstructions which adversely affect visibility at intersections or at station driveways shall be permitted.
(10) Underground tanks must be removed if the property is to be converted to another use.
(11) As a condition of approval under this section, an automobile gasoline or service station shall provide a performance bond to the city in an amount equal to the estimated removal cost of any underground storage containers or other site element remediation or abatement that may require specific costs to fully bring the site in full compliance with all local, state and federal environmental laws and guidelines. Such performance bond must remain in effect until the site ceases to be used as an automobile gasoline or service station. Changes in ownership of the property and/or the business entity shall require the submission of a new or modified performance bond to the city within 30 days upon change of ownership.
(12) The following shall regulate the abandonment of automobile gasoline and automobile service stations:
(a) If any automotive gasoline or service station is abandoned for a period of at least six consecutive months, such station shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property or general welfare of the community and shall be abated.
(b) Such abandoned condition shall be abated within 60 days either by placing the station in operation in accordance with this section and other applicable laws and regulations of the city and state, adopting and using the building or structure for another permitted use in the district in which it is located, or by razing the station, removing the pumps and signs, abandoning the underground storage tanks in accordance with safe accepted practices as prescribed by the National Fire Protection Association and filling depressions to the grade level of the lot; however, if the station is in operation at the time notice is given and remains in operation for 90 consecutive days thereafter, the provision of this division shall not apply. Whenever the Zoning Enforcement Officer shall find any automotive service station to be abandoned, the Zoning Enforcement Officer shall give notice in the same manner as service summons in civil cases, or by certified mail addressed to the owner of record of the premises at the last known address to which tax bills are sent, or by a combination of the foregoing methods.
(c) An abandoned automobile gasoline or service station site shall comply with any applicable Federal or State of Ohio Environmental Protection Agency laws, rules and provisions prior to being granted a non-abandoned status by the Zoning Enforcement Officer.
(d) On the failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Zoning Enforcement Officer may take action as may be necessary to abate such nuisance.
(D) Bed and breakfast lodgings.
(1) The minimum lot area shall be 20,000 square feet.
(2) No structure shall exceed 35 feet in height.
(3) All structures and activity areas, except off-street parking, shall be located no less than 35 feet from all lot lines.
(4) There shall be no more than one ingress/egress drive onto the property. No drive shall exceed 35 feet in width.
(5) Central facilities for the collection and disposal of trash shall be provided and shall be located in the rear yard only.
(6) The maximum number of employees shall be two, other than occupants or owners.
(7) No more than two adult persons shall be permitted per room.
(8) There shall be a maximum of eight guest bedrooms permitted in a bed and breakfast lodging establishment.
(9) No receptions, private parties or any other type of guest paid activity shall be permitted.
(10) Signage shall be limited to one wall mounted identification sign measuring no more four square feet of sign face area.
(E) Cottage industries.
(1) Not more than two outside persons may be employed on the premises in addition to the members of the family residing on the premises.
(2) The cottage industry shall be clearly incidental and subordinate to the residential use of a parcel containing a dwelling occupied as a principal residence of the owner or operator of the cottage industry.
(3) Multiple uses are permitted within the cottage industry. The total area occupied by all uses within the cottage industry, including storage, shall not exceed 1,000 square feet.
(4) All aspects of the cottage industry shall be located and conducted within a dwelling unit or enclosed accessory building(s), with the exception of outdoor storage of materials, products or vehicles as specifically provided by the conditional use permit. There shall be no other change in the outside appearance of the building or premises, except that the placement of one non-illuminated wall sign not exceeding four square feet may be permitted.
(5) The sale of merchandise not produced on the premises (except mail order businesses) shall be incidental and accessory to the merchandise or service produced by the cottage industry.
(6) Not more than three delivery vehicles shall access the premises each day.
(7) The use and parking of large vehicles or construction equipment (such as trucks of over one ton rating) or vehicles being repaired shall be regulated by the conditional use permit.
(8) No equipment or process used in the cottage industry shall create noise, vibration, glare, fumes, dust, odors, smoke, electrical interference or other impacts in excess of those customarily generated by single-family residential uses in the neighborhood, nor shall noise exceed the levels normally found in residential districts at the property line.
(F) Educational institutions.
(1) The minimum lot area shall be five acres for elementary schools, ten acres for junior high schools and 15 acres for senior high schools.
(2) No structure shall exceed 40 feet in height.
(3) All structures and activity areas, except off-street parking, shall be located no less than 40 feet from the front lot line and no less than 100 feet from all other lot lines. Where the property abuts any residential zoning district or residential use, the Planning Commission shall decide on setback requirements taking into account surrounding properties and the Silverton Comprehensive Plan.
(4) There shall be no more than three ingress/egress drives onto the property. No drive shall exceed 35 feet in width.
(5) Lighting, including permitted illuminating signs, shall be arranged so as not to reflect or cause glare that would constitute a nuisance to any residential use or hazard to traffic on any public thoroughfare.
(G) Funeral homes.
(1) The minimum lot area shall be 20,000 square feet.
(2) No structure shall exceed 30 feet in height.
(3) All structures and activity areas, except off-street parking, shall be located no less than 35 feet from all lot lines. Where the property abuts any residential zoning district, the Planning Commission shall decide on setback requirements taking into account surrounding properties and the Silverton Comprehensive Plan.
(H) Group homes (adult).
(1) Adult group homes shall only be permitted as a conditional use in the R-2 District.
(2) The minimum lot area shall be 30,000 square feet.
(3) No structure shall exceed 35 feet in height.
(4) All structures and activity areas, except off-street parking, shall be located no less than 35 feet from all lot lines.
(5) There shall be no more than one ingress/egress drive onto the property. No drive shall exceed 35 feet in width.
(6) Each individual home shall have a person or persons maintaining permanent residence in the unit to avoid shift changes and to provide the same type of use and activities otherwise typical in residences in the area. This person or persons shall be a trained, responsible individual or individuals who shall assume full responsibility for all activities within the group home.
(7) In order to prevent the creation of a defacto social service district and to avoid impacting a residential block or neighborhood, the Planning Commission shall not grant a conditional use which would permit more than one group home within the same block or within a 1,000 foot radius of another group home located either within the city or located outside of the corporation limits of the city.
(8) The residential character of all structures shall be maintained. No structure approved as a group home shall have its character altered.
(9) A group home shall not be permitted to be constructed or operated until the agency, organization or institute supervising such home satisfies the Planning Commission that the home and its operation will comply with all licensing or certification requirements of the appropriate state or local agency, pursuant to law.
(10) A group home shall not maintain lower than minimum building, fire, health and safety standards as established by state and local laws. No group home shall be occupied until a certificate of occupancy has been obtained and it is shown that all regulations are met.
(11) No exterior sign shall be permitted except as specifically allowed by the Planning Commission.
(12) A conditional use shall be granted for a specific type of group home. The type of home shall be defined as and by the specific nature of the individuals being treated or rehabilitated. Any change in the type of home shall require a new conditional use.
(I) Home occupations.
(1) Home occupations shall be clearly incidental and subordinate to the use of the property for residential purposes and shall be wholly conducted within the dwelling.
(2) No more than the equivalent of 25% of the gross floor area of any dwelling shall be utilized for a home occupational use.
(3) The external appearance of the structure in which the home occupation is conducted shall not be altered.
(4) There shall be no outside storage of any kind related to the home occupational use and only commodities made on the premises or commodities, which are considered accessory to the services provided (i.e. shampoo in a beauty salon), may be sold on the premises. No display of the products shall be visible from the street.
(5) All parking requirements of a home occupation shall be provided for by utilizing either existing residential driveways or on-street parking spaces. No expansion of off-street parking areas shall be permitted in connection with a home occupation use.
(6) No equipment, process, materials, or chemicals which create offensive noises, vibration, smoke, dust, odor, heat, glare, x-rays, radiation, or electrical disturbances shall be utilized in the home occupation.
(7) Not more than one person, who is not a resident of the premises, may participate in the home occupation as an employee or volunteer.
(8) No more than one home occupation shall be permitted within any single dwelling unit.
(9) Delivery of any materials necessary for a home occupation shall be limited to automobiles, light duty pick-up trucks or vans.
(10) Hours of operation for a home occupation that entails client visits or incoming deliveries are restricted to no earlier than 8:00 a.m. and no later than 8:00 p.m. each day of the week, except that operation on Sundays is restricted to 12:00 p.m. to 6:00 p.m.
(11) No sign, other than one non-illuminated nameplate, two square feet in area and mounted flat on the front face of the dwelling or on a driveway lamppost, shall be erected or maintained on the premises.
(12) The Zoning Enforcement Officer may waive the requirement for public notice and public hearing as set forth in § 153.212 for those home occupations that will not have an adverse impact upon adjacent properties and surrounding areas.
(J) Hospitals.
(1) The minimum lot area shall be five acres.
(2) No structure shall exceed 70 feet in height.
(3) All structures and activity areas, except off-street parking, shall be located no less than 100 feet from the front lot line and no less than 40 feet from all other lot lines. Where the property abuts any residential zoning district or residential use, the Planning Commission shall decide on setback requirements taking into account surrounding properties and the Silverton Comprehensive Plan.
(4) Loading and unloading areas shall be a minimum of 75 feet from any residential use or residential zoning district.
(K) Low intensity service establishments.
(1) The minimum lot area shall be 25,000 square feet.
(2) No structure shall exceed 20 feet in height.
(3) All structures and activity areas, except off-street parking, shall be located no less than 30 feet from any side or rear lot line. Where the property abuts any residential zoning district or residential use, the Planning Commission may require a more restrictive setback requirement than those provided for in § 153.193 taking into account surrounding properties and the Silverton Comprehensive Plan.
(4) Loading and unloading areas shall be a minimum of 75 feet from any residential use or residential zoning district.
(5) Outdoor storage of any materials, products or equipment is limited to the rear yard area only and shall be fully enclosed with an eight foot high solid wood privacy fence. Outdoor storage may include vehicles if equipment, materials or products are stored upon the vehicle in an openly visible manner.
(6) The architectural and exterior material requirements set forth in § 153.098 shall apply to low intensity service establishments.
(L) Nursery schools/day care facilities.
(1) The minimum lot area shall be 10,000 square feet.
(2) No structure shall exceed 40 feet in height.
(3) All structures and activity areas, except off-street parking, shall be located no less than 50 feet from the front lot line and no less than 40 feet from all other lot lines. Where the property abuts any residential district or residential use, the Planning Commission shall decide on setback requirements taking into account surrounding properties and the Silverton Comprehensive Plan.
(4) Outdoor play areas shall be permitted in the side and rear yards only and shall be enclosed with a fence or wall of a minimum of five feet in height.
(5) Unloading and loading of children from vehicles shall only be permitted in the approved parking area of the facilities. An on-site drop off area sufficient to accommodate four vehicles shall be provided.
(M) Private recreation areas.
(1) No structure shall exceed 35 feet in height.
(2) All structures and activity areas, except off-street parking, shall be located no less than 75 feet from all lot lines.
(3) There shall be no more than two ingress/egress drives onto the property. No drive shall exceed 35 feet in width.
(4) Only retail uses which are customarily accessory or incidental to the main recreational use shall be permitted and shall include such uses as refreshment stands, souvenir stands and concession stands.
(N) Religious places of worship.
(1) The minimum lot area shall be 30,000 square feet with a minimum lot width of 125 feet.
(2) The main structure of a religious place of worship or any other building shall not exceed 40 feet in height with the exception of a steeple or tower, which may not exceed 75 feet in height.
(3) All structures and activity areas, except off-street parking, shall be located no less than 35 feet from all lot lines. Where the property abuts any residential district or residential use, the Planning Commission shall decide on setback requirements taking into account surrounding properties and the Silverton Comprehensive Plan.
(4) There shall be no more than two ingress/egress drives onto the property. No drive shall exceed 35 feet in width.
(5) Such uses shall be encouraged to locate adjacent to parks and other nonresidential uses such as schools and shopping facilities where use could be made of joint parking facilities.
(O) Substantially similar uses.
(1) All applications for zoning permits for a building or use not specifically listed in this Zoning Code shall be subject to approval by the Planning Commission in accordance with the following conditions:
(a) Such use is not specifically listed in any other zoning district as a permitted use, conditional use or accessory use.
(b) Such use is similar in nature and has the same characteristics of a use listed in this Zoning Code.
(2) If the Planning Commission determines that the subject use is similar to a listed use, the subject use shall be required to conform to the same regulations as the listed use.
(P) Tattoo parlors and body piercing establishments.
(1) Each operator of a business that offers tattooing or body piercing services shall do all of the following:
(a) Maintain procedures for ensuring that the individuals who perform tattooing or body piercing procedures are adequately trained to perform the procedures properly;
(b) With respect to tattooing services, maintain written records that include the color, manufacturer, and lot number of each pigment used for each tattoo performed;
(c) Comply with the safety and sanitation requirements for preventing transmission of infectious diseases, as established in rules adopted under R.C. § 3730.10;
(d) Require the individuals who perform tattooing and body piercing procedures to disinfect and sterilize all invasive equipment or parts of equipment used in performing the procedures by using methods that meet the disinfection and sterilization requirements established in rules adopted under R.C. § 3730.10; and
(e) Ensure that weekly tests of the business's heat sterilization devices are performed to determine whether the devices are functioning properly. In having the devices tested, the operator of the business shall use a biological monitoring system that indicates whether the devices are killing microorganisms. If a test indicates that a device is not functioning properly, the operator shall take immediate remedial action to ensure that heat sterilization is being accomplished. The operator shall maintain documentation that the weekly tests are being performed. To comply with the documentation requirement, the documents must consist of a log that indicates the date on which each test is performed and the name of the person who performed the test or, if a test was conducted by an independent testing entity, a copy of the entity's testing report. The operator shall maintain records of each test performed for at least two years.
(2) Each operator of a business that offers ear piercing services performed with an ear piercing gun shall require the individuals who perform the ear piercing services to disinfect and sterilize the ear piercing gun by using chemical solutions that meet the disinfection and sterilization requirements established in rules adopted under R.C. § 3730.10.
(3) Hours of operation are restricted to 8:00 a.m. until 9:00 p.m.
(4) As a condition of approval, each operator of a business that offers tattooing or body piercing services shall provide the Planning Commission with evidence documenting the attainment of all required Ohio State Board of Health approvals as required to offer tattooing and body piercing services in the state.
(Ord. 09-3306, passed 10-15-09)