(a) Two-Family Dwellings. In an R-2, R-3 and R-B District, two-family dwellings may be permitted in compliance with one of the following:
(1) A. In locations where the proposed site is located no more than 300 feet from two or more two-family dwellings that are located on the same street as the proposed site; or two of the following: a non-residential district, a two-family dwelling, or a multi-family dwelling that is located on the same street as the proposed site; or
B. In locations along Stow, Fishcreek, Graham, or Kent Roads where Planning Commission and City Council have determined the site to be a public nuisance as defined in Section 523.01(k)(2)A.
(2) The minimum lot frontage shall be 60 feet in an R-2 District and 52.5 feet in an R-3 and R-B District;
(3) The minimum floor area per unit shall comply with the district regulations.
(Ord. 2007-222. Passed 1-10-08.)
(b) Family Home for Persons With Disabilities. In an O, R-1, R-2, R-3 or R-B District a family home for persons with disabilities as defined in this Code may be permitted provided such use is in compliance with the following:
(1) The persons residing in such residential home shall live as a single housekeeping unit in a single dwelling unit and maintain said home as their sole, bona fide, permanent residence. The term "permanent residence" means:
A. The resident intends to live at the dwelling on a continuing basis; and
B. The resident does not live at the dwelling in order to receive counseling, treatment, therapy or medical care;
(2) Prior to a person with disabilities commencing residence in the home, either the applicant or the placement agency shall certify that it has determined that the resident is “handicap” as defined in 42 U.S.C. §3602(h). The applicant or the placement agency shall have a continuing duty to provide such certification to the Planning Director for each resident in the home after a conditional use certificate is granted;
(3) No more than two non-residents may be at the home at any one time for purposes of providing supervision to the residents of the home;
(4) The applicant shall demonstrate that adequate qualified supervision will exist in the home on a 24 hour per day basis;
(5) Each home shall locate non-ambulatory individuals’ bedrooms on a floor that exits to ground level. As used in this paragraph, “non-ambulatory” means that the individual has any of the following conditions:
A. The individual is unable to get in and out of bed independently;
B. The individual is unable to walk without physical assistance from another individual; or
C. The individual requires a wheelchair;
(6) In order to maintain the single-family residential character of the area in which the family home is located, the applicant is required and shall agree that upon termination of this conditional use for any reason the applicant shall restore the premises to a condition in which it is marketable as a single-family dwelling, unless ownership and/or possession of the premises is transferred to a person(s) who has obtained a similar conditional use certificate for the premises;
(7) Signs or other means of identification as a family home for persons with disabilities shall not be permitted;
(8) The applicant shall comply with the applicable parking regulations of the Zoning Code for the type of residential structure used by the home and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors;
(9) In considering whether to grant the conditional use certificate, Planning Commission and Council shall take into consideration the proximity and location of other such homes for persons with disabilities within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use, but in no event shall such a family home be closer than 500 feet from where another such home for persons with disabilities is located;
(10) Evidence shall be presented that the proposed facility meets the certification, licensing, or approval requirements of the appropriate state agency. Failure to maintain such licensure, certification or other approval requirements shall result in immediate revocation of the home's conditional use certificate;
(11) The home shall meet local fire safety requirements for the proposed use and level of occupancy.
(12) Conversion of an existing dwelling to a family home for persons with disabilities shall require that the dwelling be brought into conformity with existing City regulations.
(c) Lodging Houses, Boarding Houses, Group Home for Persons with Disabilities Other Congregate Living Facilities. These facilities may be permitted in certain Residential Districts as set forth in Schedule 1143.02 provided that:
(1) The facility shall accommodate no more than 12 beds per acre.
(2) All applicable provisions of the fire code shall be met and certification of such compliance by the appropriate official shall accompany the application. The Planning Commission and Council may impose additional safety requirements if such additional requirements are demonstrated to be warranted by the unique and specific needs of the residents.
(3) In considering whether to grant the conditional use certificate, Planning Commission and Council shall take into consideration the proximity and location of other such group living facilities within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use, but in no event shall such facility be closer than 500 feet from where another such facility is located.
(Ord. 2021-152. Passed 10-14-21.)
(d) Nursing Home, Assisted Living and Regional Health Care Center. These facilities may be permitted in certain Residential and Commercial Districts in compliance with the following:
(1) Such facilities shall comply with the applicable regulations in the building and housing code.
(2) The density shall not exceed 25 beds per acre.
(3) Such uses shall be located on a major street or at an intersection with a major street.
(4) When such use is located in a residential district, access drives shall be located no less than 100 feet from an intersection.
(Ord. 2016-130. Passed 1-26-17.)
(e) Libraries, Places of Worship, Schools and Other similar Public/Semi-Public Uses.
In a Conservation, Residential or certain Commercial Districts, such public and semi-public uses may be permitted according to the following:
(1) Such uses should be located on a major street or have direct access without going through the residential neighborhood to lessen the impact on the residential area.
(2) When located in a residential district, the access drives shall be located no less than 100 feet from an intersection.
(3) When located in a residential district, the building and site shall be designed and constructed to minimize any negative impacts on the surrounding residential area.
(4) In any district, the Planning Commission and Council may require all outdoor children's activity areas to be completely fenced in to minimize traffic hazards.
(f) Child and Adult Day Care Center. In any district, a child day care center may be permitted according to the following:
(1) All child day care centers shall comply with the following:
A. Outside play areas shall be fenced for the protection and control of the children.
B. Required parking shall be on the same lot as the principal use.
C. All day care centers shall provide evidence of comprehensive liability insurance insuring against damage to property or physical injury, in combined single limit form, in an amount of $25,000 per child authorized to be cared for. Planning Commission and Council shall establish a maximum permissible number of children to be cared for at each center and may adopt the maximum number permitted under the State Fire Code or the Building Code. The insurance policy shall be approved as to sufficiency and legality by the law director. In the event the State of Ohio shall regulate liability and property insurance requirements for child day care centers, compliance with the State law shall be deemed compliance with, and in lieu of, this insurance requirement.
D. A drop-off/pick-up location that will not impede traffic on or off the site shall be provided to ensure the safety of the children.
(2) A child day care center that is operated as the principal use on the lot shall comply with the following additional requirements.
A. The maximum number of children shall not exceed 100 plus 25 additional children for every 1/4 acre of lot area greater than two acres.
B. When located in a residential district, the proposed child day care center shall be located on a major or collector street, preferably at an intersection having a traffic light or shall adjoin a multi-family or non-residential development.
C. The character of the location and development must be designed to provide a residential environment for the protection of the children from the traffic, noise, and other hazards of the area and/or the arterial street location.
D. When located in a residential district, the building and site shall be designed and constructed to minimize any negative impacts on the surrounding residential area.
E. When located in a residential district, access drives shall be located no less than 100 feet from an intersection.
(3) A child day care center may be operated as an accessory use to a place of worship, school or other public or semi-public organization in compliance with the requirements of subsection (f)(1). However, the Planning Commission and Council may determine that a child day care center located on the same site as a place of worship, school or other public or semipublic organization does not, because of the volume of activity, constitute an accessory use and shall therefore comply also with the requirements of subsection (f)(2).
(g) Parks, Playgrounds, Outdoor Public Recreation Facilities, and Indoor Public or Non-Profit Recreation Facility.
In any Residential or Commercial District, parks, playgrounds and public recreation facilities may be permitted in compliance with the following:
(1) All loudspeaker systems shall be approved by Planning Commission and Council and shall not create a nuisance for adjacent properties.
(2) Lighting shall not shine on adjacent property and shall not pose a hazard to traffic movement.
(3) Athletic fields, courts, or other outdoor activity areas shall not be located within any required yard.
(4) The Planning Commission and Council may require any outdoor activity area to be fenced to minimize traffic hazards.
(h) Public and Semi-Public Swimming Pools. Public and semi-public swimming pools may be permitted in any Residential or Commercial District in compliance with the following:
(1) Public pools shall be pools and water bodies intended for public, semi- public, and private uses other than those specified as private pools for individual residences.
(2) An in-ground or above-ground swimming, wading, or other pool having a capacity for water depth exceeding 18 inches shall be required to obtain a Zoning Certificate.
(3) All pools shall be located within an enclosed structure or completely surrounded by a fence or wall not less than four feet.
(4) All fences and other pool enclosures shall be constructed so as to have no openings, holes, or gaps larger than three inches in width, except for doors, gates and windows which shall be equipped with suitable locking devices to prevent unauthorized access. Access secured accessory buildings and walls of principal buildings may be used in or as part of the enclosures.
(5) Above-ground pools having vertical surfaces of at least four feet above the finished grade shall be required to have fences, enclosures and secured gates only where access may be had to the pool.
(6) Ponds, lakes and streams to be utilized for public swimming purposes shall be fenced or secured at those locations presenting hazards to potential users and adjacent major residential developments or concentration areas for children. Hazardous locations include banks approaching, entering, and extending into the water at slopes exceeding a ratio of one foot vertical to three feet horizontal.
(i) Golf Courses, Cemeteries. Golf courses and cemeteries may be permitted in any Residential District in compliance with the following:
(1) Access drives shall be at least 100 feet from an intersection.
(2) Vehicular access to such uses shall be located on a major street.
(j) Public Utility Substation. Public utility substations may be permitted in any district subject to the following requirements:
(1) In residential districts, substations shall only be permitted when such is essential for distribution of service to the immediate neighborhood or when topological features restrict the location of such facilities.
(2) Site locations should offer natural or manmade barriers to lessen any intrusion into residential areas.
(3) Storage of materials shall be within a completely enclosed building.
(4) Substations shall be at least 100 feet from a dwelling or residential district or shall be adequately screened.
(Ord. 2007-222. Passed 1-10-08.)
(k) Large Accessory Buildings. In any Residential District, an accessory building larger than 1,200 square feet may be permitted on lots 2 acres or more in compliance with the following:
(1) The accessory building shall have an area not to exceed two and one-half percent (2 ½%) of the area of the lot or 4,000 square feet, which is lesser.
(2) Such accessory building shall be permitted in the rear yard.
(3) Such accessory building shall be located no less than 150 feet from a public right-of-way and no less than 30 feet from a side or rear lot line.
(Ord. 2020-67. Passed 6-25-20.)
(l) Business Uses in the R-B District. Retail establishments, restaurant (table service), funeral homes and studios for instruction may be permitted as a principal use in the R-B District in compliance with the following:
(1) The maximum floor area ratio for new construction or building addition for business or office uses shall be 25 percent.
(2) The floor area of the structure devoted to the business or office use shall not exceed 3,000 square feet including all additions to an existing structure and any new building.
(3) The uses permitted shall be limited to those uses that meet the criteria of this section and shall further be limited to:
A. Administrative, business, professional, and medical offices;
B. Retail establishments in wholly enclosed buildings, but not including game rooms where electronic games are available for customer use in the store;
C. Restaurant, table-service; provided delivery and drive-in services shall not be permitted.
D. Personal services such as hair care, nail care, tanning and massage salons, and pet grooming;
E. Funeral homes;
F. Bed and Breakfast, containing a maximum of three guest rooms.
G. Museums, art galleries, artist studios and dance schools.
(4) All off-street parking areas shall be located behind the front building line and drive-thru facilities shall not be permitted.
(Ord. 2011-122. Passed 1-12-12.)
(5) Conversion of a residential structure for non-residential purposes shall comply with Section 1163.04(m) below.
(6) All business activities, services, and processes, except off-street parking and loading, shall be conducted within a completely enclosed building.
(7) The removal of trees, changes of topography, and other factors which will affect the residential character of the neighborhood shall be minimized.
(8) Maximum visual and auditory privacy for surrounding properties and occupants shall be provided through the design of the relationship among buildings, fences and walls, landscaping, topography, and open space.
(9) Refuse storage and pickup facilities shall be fenced, screened, or landscaped to prevent the blowing or scattering of refuse and to provide an adequate visual barrier from locations both on and off site.
(10) Grading and surface drainage provisions shall be designed to minimize adverse effects on abutting properties, streams and public streets, and to minimize the possibility of erosion.
(11) All remodeling and new construction of buildings and other structures shall be designed, constructed, and maintained so as to promote and provide acceptability, attractiveness, cohesiveness, and compatibility of new buildings, existing development, remodeling, and additions in order to maintain and improve the established standards of property values and qualities within the community and neighborhood.
(12) Buildings, structures and uses, whether part of a present or future group, complex, or development, shall have a unity of character and design, and the use, texture, and color of materials shall be such as to create a harmonious whole. When the area involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects the future of any established and developed section of the City, the design, scale, and location of buildings on the site shall enhance rather than detract from the character, value, and attractiveness of the surroundings.
(13) All building elevations and facades shall be designed to create a harmonious whole while providing individual identity. Materials shall express their function clearly and not appear as a material foreign to the rest of the building.
(14) Building roofs shall have a minimum pitch of six feet vertical to 12 feet horizontal; roofs shall have offsets in the roof line to articulate small and varied masses.
(m) Conversion of Residential Structures or New Construction for Business Use. In an R-B District or any Commercial or Industrial District, the conversion of a residential structure or new construction for business use may be permitted in compliance with the following:
(1) Statements from the City Engineer, Planning Director, City Fire Marshal, County or State Health Department shall be submitted indicating that the building meets or can be safely converted to meet the codes and regulations which are under the control of these persons or departments;
(2) In a R-B District, residential occupancy of the structure may be permitted under the following conditions:
A. No residential occupancy shall occur unless the owner-occupant also occupies the commercial space;
B. No residential occupancy shall occur in areas below-grade. No separate residential dwelling unit shall occur on the third floor;
C. Residential use of the structure shall be secondary to the commercial use;
D. Exterior stairways shall be constructed as a compatible design element;
E. There shall be no more than one dwelling unit, which unit shall have a minimum floor area of 500 square feet plus 150 square feet for each bedroom over one;
F. Parking shall meet the minimum standards for a residential dwelling unit and such spaces shall be separate from the parking area required for the commercial use and shall be located in a side or rear yard no closer than five feet to the side and rear property lines;
G. A landscaped area at least 400 square feet in size shall be provided for the exclusive use of the residential occupants, such area shall be screened from the commercial parking area.
(3) In a Commercial or Industrial District, the residential use of the structure shall be prohibited once such structure is converted to a commercial use.
(4) Any conversion of Residential Structures or new construction for business use shall also be subject to the regulations in 1143.10.
(Ord. 2009-101. Passed 6-25-09.)
(n) Ambulance and Emergency Medical Services. Ambulance services and other emergency medical services may be permitted in a C-3, C-4, I-1 and I-2 District in compliance with the following:
(1) In a C-3 and C-4 District, ambulances and other vehicles used in the operation of the principal use shall be stored within an enclosed building.
(2) In an I-1 and I-2 District, outdoor storage of ambulances and other vehicles used in the operation of the principal use may be permitted provided such storage areas shall be located in the rear yard in off-street parking areas. Such parking areas shall meet the minimum parking setback established in Schedule 1147.04 and shall be screened in compliance with Section 1147.07.
(3) Such facilities shall be located in an area least disruptive to pedestrian and vehicular traffic.
(o) Automatic Teller Machine. An automatic teller machine which is located on the outside of the principal building; in a lobby or entrance of a principal building, and which is accessible during non-regular business hours; or enclosed separately in a freestanding building, may be permitted in a C-3, C-4, C-6 C-7 and C-8 District in compliance with the following:
(1) Such facility should be located so as to be the least disruptive to pedestrian and vehicular traffic;
(2) There shall be adequate and safe standing space for persons waiting to use the facility;
(3) The Police Department has determined that the location of the proposed ATM would not constitute a traffic safety hazard;
(4) The Planning Commission and Council may require additional parking spaces, if deemed necessary, than otherwise required for the principal use.
(p) Restaurant, Table Service. A table service restaurant may be permitted in a C-2 District provided that the lot area shall be adequate to accommodate the required off-street parking.
(q) Restaurant, Counter Service. A counter-service restaurant may be permitted in a C-3 and C-4 District in compliance with the following:
(1) Such facility should be located so as to be the least disruptive to pedestrian and vehicular traffic.
(2) The building and parking shall be designed with adequate traffic circulation to ensure traffic safety.
(3) Additional spaces for delivery trucks may be required by the Planning Commission and Council.
(r) Bar, Tavern, Night Club. A bar, tavern or night club may be permitted in a C-4, C-5 and C-8 District in compliance with the following:
(1) The Planning Commission and Council may impose restrictions on the hours such establishment is open for business.
(2) Such establishment shall be located at least 250 feet from a dwelling or residential district.
(3) All activities shall take place in a fully enclosed sound-resistant building, with closed windows and double-door entrances that provide a sound lock.
(s) Hotels and Motels. Hotels and motels may be permitted in a C-4 District in compliance with the following:
(1) Lighting shall not shine on adjacent property or pose a hazard to traffic movement.
(2) Shall be located on a major street.
(t) Drive-Thru and Drive-In Facilities. Drive-thru and drive-in facilities, except beverage drive-thru establishments, may be permitted in a C-3, C-4, C-6, C-7 and C-8 District in association with a permitted use as set forth in Schedule 1145.02 and may be regulated according to the following:
(1) Such facilities shall be located on a major street in an area least disruptive to pedestrian and vehicular traffic.
(2) Loud speaker systems shall be approved as part of the site plan and shall not create a nuisance for adjacent properties.
(3) Access drives shall be 100 feet from an intersection; one access drive per street frontage shall be permitted; and interconnecting circulation aisles between parcels shall be provided.
(4) The Planning Commission and Council may impose restrictions on the hours of operation.
(u) Auction Sales, Flea Markets. Auction sales and flea markets may be permitted in a C-4 District provided such use shall be located within a permanent structure and all activities shall take place entirely indoors.
(v) Self-Service Storage Facility. Self-service storage facilities may be permitted in an I-2 District in compliance with the following:
(1) All items shall be stored within the building.
(2) Loading and unloading shall be oriented towards the side and rear lot lines.
(3) Self-service storage facilities shall be permitted in an I-2 District provided they comply with the following conditions:
A. The total floor area of the self-service storage facilities shall not, at any time, exceed 50% of the total floor area of all of the buildings on the property;
B. Shall be located behind the principal building;
C. Shall not be located within 500 feet of State Route 8 unless another use, permitted in an I-2 District, is located between State Route 8 and the self-service storage facility; and
D. Shall be located in such a manner that is consistent with the office and industrial goals contained in the 2001 Comprehensive Plan. (Ord. 2007-222. Passed 1-10-08.)
(w) Auto, Truck, Boat Sales/Rental. In a C-3, C-4 or C-5 District, the sale or rental of automobiles, trucks and boats may be permitted provided that:
(1) Vehicles may be stored outside provided the storage area is adequately screened in compliance with Section 1145.10.
(2) All work on vehicles, including but not limited to cleaning, servicing and repair, shall be done only inside a suitable service building.
(3) Such uses may be combined with other automotive uses if the total lot area equals the sum of the areas required for each use.
(4) Such uses shall include a suitable building for sales/office activities.
(5) All portions of the lot used for sales or storage of vehicles shall be paved with asphalt, concrete or similar material.
(6) Outside loudspeakers shall not be permitted.
(7) Areas for vehicle display shall be delineated on the site plan.
(Ord. 2012-178. Passed 1-10-13.)
(x) Gasoline Station. In C-3 and C-4 Districts, a gasoline station may be permitted in compliance with the following:
(1) Such use shall be located at the extremity of the district or at an intersection to cause the least interference with pedestrian and vehicular traffic.
(2) The gasoline station shall comply with the supplementary regulations for gasoline stations set forth in Section 1145.11.
(3) Sites that are corner lots shall have no less than 120 feet of frontage on each street.
(y) Vehicular Service Station. In C-3, C-4 and C-5 Districts a vehicular service station may be permitted in compliance with the following:
(1) The use shall be for the purpose of servicing motor vehicles under 1½ ton rated capacity. The services performed may include minor repairs such as the installation of spark plugs, belts, batteries, tires, as well as the dispensing of fuel, oil, air and windshield wiper fluid.
(2) All repairs shall take place entirely within a suitable service building. During the time work is performed on a vehicle, the vehicle shall be entirely within the building.
(3) A vehicular service station that also sells gasoline shall comply with the regulations set forth in Section 1145.11.
(5) Limited temporary display/sales adjacent to the principal structure must be shown on an approved site plan in C-3 districts. Overnight storage of products or equipment within an approved temporary display/sales area is not permitted within C-3 districts. (Ord. 2007-222. Passed 1-10-08.)
(z) Car Wash. A car wash may be combined with a gasoline station provided all standards for gasoline stations are maintained. All car wash facilities shall comply with the supplementary regulations for car wash facilities set forth in Section 1145.12.
(Ord. 2023-066. Passed 5-25-23.)
(aa) Repair Garage; Vehicle and Equipment Repair/Services. A repair garage may be permitted in a C-4 and C-5 District and a vehicle and equipment repair/service establishment may be permitted in an Industrial District in compliance with the following:
(1) All work shall be performed entirely within a building. During the time work is performed on a vehicle, the vehicle shall be entirely within the building.
(2) Services provided may include body work, spray painting, engine overhaul and other similar work.
(3) The facility shall be located at least 100 feet from a dwelling or residence district.
(bb) Outdoor Commercial Recreation. Outdoor commercial recreation facilities not involving motorized equipment may be permitted in a C-4, C-5 and C-7 District in compliance with the following:
(1) The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises. In order to minimize any effects of the above, the Planning Commission and Council may require all applicable surface areas to be paved, and impose additional noise reduction measures to assure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District.
(2) All active recreation areas shall be enclosed by a fence having a minimum height of six feet.
(3) Access drives shall be located at least 100 feet from an intersection.
(4) All structures including lighting fixtures shall have a maximum height of 35 feet.
(5) Rifle ranges, skeet shooting ranges, pistol ranges and other uses involving the use of fire arms shall not be permitted.
(cc) Outdoor Storage/Display. The outdoor storage and/or display of goods, supplies and equipment may be permitted in the C-4, C-5, and I-1 Districts in compliance with the following:
(1) The outdoor storage of goods, supplies and equipment used in the operation of the principal use shall:
A. Be located only in the rear yard;
C. Be screened in compliance with Section 1145.10, and the height of the stored materials shall not exceed the height of the screening.
D. All stored goods, merchandise, vehicles or implements must be secured against theft, vandalism or loss.
(2) The outdoor display of goods for sale shall:
B. Not be located in areas intended for traffic circulation according to the site plan;
C. All stored goods and merchandise must be secured against theft, vandalism, or loss;
D. All outdoor display, storage and sales facilities and areas shall be identified on and limited to those shown on the City Approved site plan and shall be screened from the views from adjacent properties and shall be maintained in a neat and orderly condition.
(3) All areas to be devoted to outdoor storage and/or display shall be clearly indicated on the site plan.
(dd) Public Service and Maintenance Facility. A public service and maintenance facility may be permitted provided that all buildings, storage areas and substations shall be at least 100 feet from a dwelling or residential district or shall be adequately screened.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)
(ee) Warehousing, Wholesale Establishment, Construction Trades, Printing and Publishing, Machine Shop, Lumber Yard and Building Material, Foundry, Heavy Industrial, Truck Terminal, Greenhouse and Agriculture, Tree and Landscaping Service and Fuel Distribution Station. Certain manufacturing and general commercial uses may be permitted in an Industrial District in compliance with the following:
(1) Proposed locations should offer natural or man-made buffers when adjacent to a residential use;
(2) Hazardous operations shall be completely surrounded with a six foot high fence;
(3) Truck routes shall be established to minimize hazards and damage to other properties;
(4) Laundry and cleaning plants, printing and publishing, foundries, machine shop, vehicle and equipment repair services, truck terminals and other manufacturing activities which create objectionable noise shall be located no closer than 100 feet to any Residential District.
(5) Manufacturing uses that are injurious, obnoxious or offensive by reason of emission of waste water, odor, dust, fumes, vibration, smoke, gas, or noise shall not be permitted.
(Ord. 2018-7. Passed 3-8-18.)
(Ord. 2018-7. Passed 3-8-18.)
(ff) Veterinary Hospital/Clinic; Kennel. A veterinary hospital/clinic may be permitted in a C-2, C-3, C-4 C-5, C-6 and I-2 District and a kennel in an I-2 District in compliance with the following:
(1) Such uses shall not be permitted adjacent to any Residential District.
(2) No outdoor pens shall be permitted in a Commercial District.
(3) Outdoor pens and exercise runs in an I-2 District shall be kept in a sanitary condition and screened from adjacent properties and streets.
(4) Sanitation practices shall assure that odors will not be noticed off the lot.
(5) Adequate sound proofing shall be provided to reduce the noise level in the Commercial Districts and, in an I-2 District, the proper management of animals shall be provided to control noise in outdoor exercise runs.
(6) No dead animals shall be buried on the premises and incineration shall not create odors or smoke off the premises.
(7) In a Commercial District, the boarding of animals shall be restricted to allow overnight lodging only as necessary for animals receiving medical attention.
(gg) Outdoor Storage of Fleet Vehicles. In an I-1 District, the outdoor storage of fleet vehicles which are used in the operation of the principal use may be permitted in compliance with the following:
(1) Such storage areas shall be located in the rear yard in off-street parking areas; and such parking areas shall meet the minimum parking setback established in Schedule 1147.04.
(hh) Airports and Airfields. Airports and airfields may be permitted in an O and I-1 District in compliance with the following:
(1) Such uses shall be located on a major street.
(2) A six foot high fence shall enclose the operation where there is a safety hazard.
(Ord. 2007-222. Passed 1-10-08.)
(3) Lighting shall not create a nuisance or traffic hazard.
(ii) Indoor Sports Training Facility. An indoor sports training facility may be permitted in an existing building in the I-1 or I-2 Districts in compliance with the following:
(1) The building to contain the Indoor Sports Training Facility must have been previously occupied by an industrial, office or some other business use for at least five years following the completion of construction of the building.
(2) The construction required to accommodate the facility shall not permanently alter the building so that it cannot be reused for industrial, office or business purposes.
(3) The building must have been vacant for a minimum of two years prior to the application for an Indoor Sports Training Facility.
(4) No more than 10,000 square feet of space in any one building may be used as an Indoor Sports Training Facility.
(5) The applicant must have submitted a report as part of the Planning Commission application from an architect, engineer or contractor indicating the building is suitable for use as an Indoor Sports Training Facility and any building modifications required would not preclude the building's reuse for industrial, office or business purposes.
(Ord. 2010-164. Passed 12-9-10.)
(jj) Personal Services. Personal services may be permitted in a C-5 District in compliance with the following:
(1) Personal services may occupy up to 25% of the gross floor area of any principal building in the C-5 District.
(kk) Sexually Oriented Businesses. Sexually oriented businesses may be permitted in an I-2 District in compliance with the following and in compliance with Chapter 1188:
(1) The Planning Commission and Council may impose restrictions on the hours such establishment is open for business.
(2) Any exterior lighting shall be directed downward onto the subject property and shall not shine on adjacent property.
(ll) Sale of Seasonal Agricultural Products. The sale of seasonal agricultural products grown off-site and offered for sale in residential districts shall comply with the following:
(1) For the purposes of this section, “seasonal agricultural products” means any fruit or vegetable for human consumption or plants, whether flowering or vegetative, for home decorating purposes. Seasonal agricultural products do not include trees or Christmas trees.
(2) Adequate parking and circulation must exist on-site and no new or additional paved or hard surfaces shall be constructed for these sales.
(3) Sales shall not occur between sunset and sunrise.
(4) Any person selling agricultural products in a residential district shall register with the City of Stow Income Tax Division prior to engaging in such activity.
(5) No off-site advertising or identification signs are permitted.
(6) One on-site sign no larger than ten square feet is permitted.
(7) The sale of seasonal agricultural products may occur for a maximum of ninety days in any one calendar year.
(mm) Studio for Instruction: Studios for Instruction (dance, exercise, karate, etc) shall be conditionally permitted in C-3 and C-6 Districts.
(1) In a C-6 District, Studios for Instruction shall occupy no more than 35% of the total existing business floor area of a property in the C-6 District.
(nn) Flag Lots: The creation of flag lots in R-1, R-2 and R-3 Districts may be permitted in compliance with the following:
(1) Flag lots shall be configured so that any existing or proposed dwellings located on the proposed flag lot and any dwelling located on an adjacent lot shall be separated by at least 140 feet in R-1 Districts, 120 feet in R-2 Districts and 110 feet in R-3 Districts.
(2) The distance between an existing dwelling and the front lot line of the proposed flag lot as defined in Section 1133.01 (67)A. shall be at least 90 feet in R-1 Districts, 80 feet in R-2 Districts and 70 feet in R-3 Districts.
(oo) Flex Buildings. Flex Buildings shall be conditionally permitted in the C6 Office/Business District in compliance with the following:
(1) Business uses within a flex building shall not require significant outdoor storage of equipment, generate noise or odors as a result of any industrial process, use large trucks for delivery purposes or store vehicles larger than a full size van on the site. Parking of vehicles used by any business in the building shall be limited to the rear of the building.
(3) Overhead doors for delivery and product movement shall be permitted at the rear of the unit. Overhead doors or designated delivery doors are not permitted on the front of the building.
(4) Outdoor storage shall be completely contained within an enclosure constructed of the same masonry material used on the exterior of the building. Such enclosure shall be no larger than a single dumpster enclosure and comply with the regulations for accessory structures.
(Ord. 2007-222. Passed 1-10-08.)
(pp) Crematories. Crematories shall be conditionally permitted in I-2 Districts permitted in compliance with the following:
(1) The structure shall be located at least 250 feet from a Residential District.
(2) Crematories shall be operated in conformance with all applicable local, State and Federal laws and regulations.
(Ord. 2020-186. Passed 3-11-21.)