CHAPTER 1153
Conditional Zoning Certificates
1153.01   Purpose.
1153.02   Application.
1153.03   Basis of determination.
1153.04   Regulations pertaining to conditional uses.
1153.05   Cemeteries.
1153.06   Churches and other religious worship buildings.
1153.07   Governmentally owned or operated buildings.
1153.08   Home occupations.
1153.09   Institutions for higher education.
1153.10   Human care institutions.
1153.11   Quasi-public institutions.
1153.12   Public and parochial schools.
1153.13   Outdoor recreation facilities used intensively.
1153.14   Outdoor recreation facilities with open space.
1153.15   Private technical schools.
1153.16   Oil and gas well operations.
1153.17   Multi-family dwellings.
1153.18   Massage establishments.
1153.19   Surface mining.
1153.20   Adult entertainment uses.
1153.21   Public storage including self-service storage facilities.
1153.22   Car washes.
1153.22.1   Automotive repair.
1153.23   Gasoline service stations.
1153.24   Veterinary hospitals or clinics.
1153.25   Tourist homes.
1153.26   Party centers.
1153.27   Repair services for machinery and equipment including repair garages and specialty establishments such as motor repair, body and fender repair, radiator repair, motor tune-ups, muffler shops, tire repair and sales.
1153.27.1   Bed and breakfast.
1153.27.2   Creative land use.
1153.28   Impound motor vehicle yard.
1153.29   Revocation hearing.
CROSS REFERENCES
      Conditional uses - see under individual zoning district involved
      Planning and Zoning Commission - see CHTR. Art. 14;  P. & Z. 1105.03
      Zoning certificate required - see P. & Z. 1107.01, 1107.02
      Certificates of nonconforming uses - see P. & Z. Ch. 1152
   1153.01 PURPOSE.
   This chapter is established to provide for issuance of conditional zoning certificates where conditionally permitted uses are provided for in this Zoning Ordinance.
(Ord. 1981-43.  Passed 3-23-81.)
   1153.02 APPLICATION PROCEDURES.
   Any application for conditional zoning certificate for any land or structure use permitted under this Zoning Ordinance shall be submitted in accordance with the following procedures:
   (a)   Application Submitted to Planning and Zoning Commission.  Any application for conditional zoning certificate shall be submitted to the Planning and Zoning Commission on a special form for that purpose received from the Zoning Inspector.  Each application shall be accompanied by the payment of a fee as specified in Section 1107.08.  In addition, the Commission, where appropriate may refer an application to qualified consultants for study and a report if it deems same necessary.  The cost of such study and report shall be at the expense of the applicant and the report shall be completed as soon as is practicable.  (Ord. 1989-49.  Passed 8-28-89.)
   (b)    Data Required with Application.
      (1)    Form supplied by Zoning Inspector completed by applicant.
      (2)    Site plan, plot plan or development plan of the entire property being considered, drawn to a reasonable scale and showing the location of all abutting streets, the location and dimensions of all existing and proposed structures, the types of buildings, their uses, the acreage or area involved, including that for parking, and proposed planting and landscaping.
      (3)    Complete architectural, engineering and constructional plans and specifications for all proposed development and construction, including parking and loading areas, and where appropriate, reclamation.
      (4)    A statement supported by substantiating evidence regarding the requirements enumerated in Section 1153.03.
      (5)    An application for gas and/or oil drilling shall be accompanied by a map, drawn to a scale no smaller than 400 feet to the inch, prepared by an Ohio registered surveyor, showing and containing the following information:
         A.    Boundary lines of subject drilling tract.
         B.    Name of land owner or owners of drilling tract.
         C.    Distance in feet from proposed well, storage tanks and service road to boundary lines of subject drilling tract and/or to right-of-way lines of public roads.
         D.    Public road adjacent to drilling tract.
         E    Identification of well, public roads, lot numbers, number of acres in drilling tract and names of adjacent property owners.
         F.    Other information that the Planning and Zoning Commission may require.
      (6)    Before an application for gas and/or oil drilling can be placed on the Planning and Zoning Commission agenda, the subject well and storage tank site shall be identified by a stake with a strip of colored plastic attached. Also, each stake shall be documented with the name and number of well or storage tank for which it represents. Stakes shall be sufficient height to be visible within a distance of 200 feet from each proposed well or storage tank site. In addition, a stake with a strip of colored plastic attached shall be placed within public road right of way, adjacent to proposed well site and stake shall be documented with name and number of well it represents. Also, a directional stake with a strip of colored plastic attached shall be placed, to be visible from the public road right of way, representing the direction of the proposed well site.
   (c)    Review by Planning and Zoning Commission. The Planning and Zoning Commission shall review the proposed development, as presented on the submitted plans and specifications, in terms of the standards established in this Zoning Ordinance. Such review shall be completed and made public within ninety-five days of the regular monthly meeting of the Commission following the submission of such application. If the application is submitted at a regular monthly meeting of the Commission, then the ninety-five day period shall begin with the date of submittal. In cases where the Commission requests a report from a consultant, such time may be extended by mutual consent.
   (d)   Hearing and Notification. The Planning and Zoning Commission shall hold a public hearing or hearings upon every application for conditional use, after at least one publication in a newspaper of general circulation in the City at least ten days prior to the date of the hearing. Such notice shall indicate the place, time and subject of the hearing. Written notice of the hearing shall be sent by certified mail at least ten calendar days prior to the hearing to the applicant, owners of the property within or contiguous to and directly across the street from any part of the property and all property owners within 250 feet from the parcel(s) shall be notified.
      (Ord. 1991-12. Passed 3-25-91; Ord. 1993-01. Passed 1-25-93.)
   (e)    Issuance, Violation and Revocation of Conditional Zoning Certificate. Only upon conclusion of hearing procedures relative to a particular application and adequate review and study may the Planning and Zoning Commission issue a conditional zoning certificate. The breach of any condition, safeguard or requirement shall automatically invalidate the certificate granted, and shall constitute a violation of this Zoning Ordinance. Such violation shall be punishable as per Section 1107.11.
      (Ord. 1989-49. Passed 8-28-89.)
   (f)    Reapplication. No application for a conditional zoning certificate which has been denied wholly or in part by the Planning and Zoning Commission shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence of proof of changed conditions which would be sufficient to justify reconsideration as determined by the Commission. Each reapplication shall be accompanied by a fee as specified in Section 1107.08.
      (Ord. 1989-49. Passed 8-28-89.)
   (g)    Termination. The conditional zoning certificate shall become void at the expiration of one year after date of issuance unless construction is started or use changed or actual drilling for gas and oil has started.
      (Ord. 1981-43. Passed 3-23-81.)
   1153.03  BASIS OF DETERMINATION.
   (a)    The applicant shall be required to establish by clear and convincing evidence that the general standards of this Zoning Ordinance and this Chapter and the specific standards pertinent to each proposed use shall be met for the proposed use provided further that any requirements of this Zoning Ordinance for permitted use(s) within a district shall be applicable to any conditional use unless otherwise stated herein.
   (b)    The Planning and Zoning Commission shall determine if the proposed use complies with these regulations and shall insure that the specific standards and requirements of this Zoning Ordinance pertinent to the proposed use shall be satisfied.
   (c)    General Standards. The Planning and Zoning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use of the proposed location:
      (1)    Will be harmonious with and in accordance with the general objectives or with any specific objective of the Streetsboro Development Policy Plan of current adoption;
      (2)    Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;
      (3)    Will not be hazardous or disturbing to existing or future neighboring uses;
      (4)    Will not be detrimental to property in the immediate vicinity or to the community as a whole;
      (5)    Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, and school; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service.
      (6)    Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads.
         (Ord. 1981-43. Passed 3-23-81.)
   1153.04 REGULATIONS PERTAINING TO CONDITIONAL USES.
   For uses as listed in Sections 1123.02(b), 1125.02(b), 1127.02(b), 1129.02(b), 1131.02 (b), 1133.02(b), 1135.02(b), 1137.02(b), 1139.02(b), 1143.02(b), 1145.02(b), in addition to complying with the general standards set forth in Section 1153.03(c), an application for a conditional use permit shall not be approved unless the following conditions and standards are complied with as set forth for each conditional use in addition to the applicable district regulations.
(Ord. 1981-43. Passed 3-23-81.)
   1153.05 CEMETERIES.
   (a)    The area proposed for a cemetery shall be used for cemetery purposes only, and shall comply with the following requirements:
      (1)    All points of entrance or exit shall be located no closer than 200 feet from the intersection of two major thoroughfares; and/or no closer than 200 feet from the intersection of a major thoroughfare and a collector street
      (2)    Such developments shall be located on major thoroughfares, at intersections of major and/or collector streets, or on service roads for major thoroughfares.
      (3)    Only memorial park cemeteries having grave marker flush with the surface of the ground shall be permitted. The term "marker" to refer to the name of deceased.
      (4)    Except for office uses incidental to cemetery operations, no business or commercial uses of any kind shall be permitted on the cemetery site.
      (5)    Minimum area required for a cemetery site to be forty acres.
      (6)    A building of brick and/or stone, solid and/or veneered, shall be provided if storage of maintenance equipment and/or materials is to be necessary.
      (7)    Pavement width of driveways shall be at least twenty-two feet (eleven feet per moving lane).
      (8)    Drives should be useable shape, improved with bituminous concrete, or equivalent surfacing and so graded and drained as to dispose of all surface water accumulation within the area.
      (9)    Pavement is to be installed as development progresses and as indicated on the final plans by the Planning and Zoning Commission.
      (10)    Sufficient parking space shall be provided as to not deter traffic flow within the cemetery.
      (11)    Area drainage and/or sanitary facilities are subject to approval by the City Board of Health, the County Board of Health, and the City Engineer prior to the issuance of a conditional use permit.
      (12)    Only signs designating entrances, exits, traffic direction and titles shall be permitted, and must be approved by the Planning and Zoning Commission.
      (13)    Adequate screening with shrubs, trees or compact hedge shall be provided parallel to property lines adjacent to or abutting residential dwellings; such shrubs, trees and hedges shall not be less than two feet in height and shall be maintained in good condition.
      (14)    Provisions shall be made for landscaping throughout the cemetery.
      (15)    Location of cemetery buildings and all other structures shall conform to front, side and rear yard building lines of the particular district in which it is located.
      (16)    No grave sites shall be located within 100 feet of the right-of-way lines of any publicly dedicated thoroughfare.
      (17)    A grave site shall not be within 200 feet of any existing residence unless the owner of such residence gives his written consent.
(18)    Guarantees shall be made that the cemetery will be developed as proposed on the plans approved by the Planning and Zoning Commission, the City Engineer, and/or the City Board of Health or the County Board of Health.  Guarantees shall be in a form approved of by the Commission and may be one of the following:
         A.    A performance bond in the amount of twenty-five thousand dollars ($25,000) for cemeteries of forty acres. An additional five thousand dollars ($5,000) shall be required for each ten acres over forty acres or for each ten acres added at a later date. The amount of the bond will be reduced annually, and by an amount that will leave the balance of the bond proportional to the portion of the cemetery not developed to the specifications of the plans approved by the Planning and Zoning Commission, the City Engineer, and/or the City or County Boards of Health.
         B.    Other methods as might be worked out by the Planning and Zoning Commission, developers and their legal advisors.
(19)    A trust fund of an amount set by the Planning and Zoning Commission shall be established by the cemetery developers for the perpetual maintenance of the cemetery grounds. Such trust fund shall be established before any burial spaces are sold or used and shall be held and invested by a financial institution mutually agreed upon by the developers and the Planning and Zoning Commission. A percentage of the money from the sale of each burial space shall be put into the maintenance trust fund. The percentage shall be an amount set by the Commission.  Interest yielded by the fund shall be applied toward the maintenance of the cemetery grounds.
   (Ord. 1981-43. Passed 3-23-81.)
   1153.06 CHURCHES AND OTHER RELIGIOUS WORSHIP BUILDINGS.
   (a)    In all districts where churches and other religious facilities are permitted as conditional uses, such facilities shall be encouraged adjacent to parks and other nonresidential uses such as schools and shopping facilities where use could be made of joint parking facilities.
   (b)    Church and other religious facilities located in any O-C, R-R, R-1, R-2, R- PUD, or I-1 Districts shall comply with the following requirements:
      (1)    All points of entrance or exit shall be located no closer than fifty feet from the intersection of two major thoroughfares and/or no closer than fifty feet from the intersection of a major thoroughfare and a collector street.
      (2)    Such developments shall be located on major thoroughfares, at intersections of major and/or collector streets, or on service roads for major thoroughfares.
      (3)    All structures and activity areas, except off-street parking area, shall be located at least 100 feet from all property lines.
      (4)    The minimum lot area shall be one and one-half acres.
   (c)    In the R-3 District and the R-O District churches and other religious structures and activity areas, except off-street parking area, shall be in compliance with the minimum yard and lot area requirements for:
      (1)    Multi-family residences pursuant to Section 1131.03 when located in the R-3 District.
      (2)    Office development pursuant to Sections 1145.04 and 1145.06. When located in the R-O District.
         (Ord. 1981-43. Passed 3-23-81.)
   1153.07  GOVERNMENTALLY OWNED OR OPERATED BUILDINGS.
   (a)    Government building(s) located in any O-C, R-R, or R-2 District shall comply with the following requirements:
      (1)    All structures and activity areas, except off-street parking area, shall be located at least 100 feet from all property lines.
      (2)    All points of entrance or exit shall be located no closer than 200 feet from the intersection of two major thoroughfares and/or no closer than 200 feet from the intersection of a major thoroughfare and a collector street.
      (3)    Such developments shall be located on major thoroughfares, at intersections of major or collector streets, or on service roads for major thoroughfares.
      (4)    The minimum lot area shall be one and one-half acres.
   (b)    Government building(s) located in the R-3 District shall be developed with all structures and activity areas, except off-street parking area, in compliance with the minimum yard and minimum lot area requirements for multi-family residences in Section 1131.03.
(Ord. 1981-43. Passed 3-23-81.)
   1153.08 HOME OCCUPATIONS.
   Home occupations shall be provided if:
   (a)    Such use shall be conducted entirely within the dwelling unit used by the person conducting the home occupation as his private residence;
(b)    Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not involve any extension or other structural modification of the dwelling;
(c)    Such use shall be conducted only by persons residing in the dwelling unit;
(d)    Such use shall not involve the use of more than one-fourth of the floor area of not more than one story of the dwelling;
(e)    Such use shall not create a nuisance by reason of noise, odor, dust, vibration, fumes, smoke, electrical interference or other causes;
(f)    There shall be no outward evidence of such use except not more than one sign as authorized by Chapter 1159;
(g)    Traffic or parking generated by such home occupation shall not be significantly greater in volume or requirement than normally to be expected in a residential neighborhood.
   (Ord. 1981-43. Passed 3-23-81.)
   1153.09  INSTITUTIONS FOR HIGHER EDUCATION.
   (a)    In all districts where institutions for higher education are permitted as conditional uses such facilities shall be located on major thoroughfares, at intersections of major or collector streets or on service roads of major thoroughfares.
   (b)    Institutions for higher education located in the R-2 or 1 District shall comply with the following requirement(s):
      (1)    All structures and activity areas, except off-street parking area, shall be located at least 100 feet from all property lines.
      (2)    The minimum lot area shall be three acres.
(3)    All points of entrance or exit shall be located no closer than 100 feet from the intersection of two major thoroughfares and/or no closer than 100 feet from the intersection of a major thoroughfare and a collector street.
   (c)    In the R-3 and C-2 Districts institutions for higher education shall be in compliance with the minimum yard and minimum lot area requirements:
(1)    For multi-family residences pursuant to Section 1131.03 when located in the R-3 District.
(2)    Pursuant to Sections 1135.03 and 1135.04 when located in the C-2 District.
(Ord. 1981-43. Passed 3-23-81.)
   1153.10  HUMAN CARE INSTITUTIONS.
   Institutions for human medical care, hospitals, sanitariums, convalescent homes, nursing homes, child day care centers, homes for the aged and philanthropic institutions are subject to the following:
   (a)    Institutions for human medical care located in the R-2 or R-PUD Districts shall comply with the following requirements:
      (1)    All structures and activity areas, except off-street parking area, shall be located at least 100 feet from any property line.
      (2)    The minimum lot area shall be at least three acres.
      (3)    All points of entrance or exit shall be located no closer than 100 feet from the intersection of two major thoroughfares and/or no closer than 100 feet from the intersection of a major thoroughfare and a collector street.
      (4)    Such developments shall be located on major thoroughfares, at intersections of major and/or collector streets, or on service roads for major thoroughfares.
   (b)    In the R-3, R-O, C-2 and I-1 Districts institutions for human medical care shall be in compliance with the minimum yard and lot area requirements:
(1)    For multi-family residences, pursuant to Section 1131.03 when located in the R-3 District.
(2)    For office development pursuant to Sections 1145.04 and 1145.05 when located in the R-O District.
(3)    For permitted uses pursuant to Sections 1135.03 and 1135.04 when located in the C-2 District.
(4)    For permitted uses pursuant to Sections 1139.03,1139.04 and 1139.05 when located in the I-1 District.
   (Ord. 1981-43. Passed 3-23-81.)
   1153.11  QUASI-PUBLIC INSTITUTIONS.
   Quasi-public institutionally or organizationally owned and/or operated recreational, instructional, and meeting facilities are subject to the following:
   (a)    In all districts where quasi-public institutions are permitted as conditional uses all activities, programs and other events shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.
   (b)   Quasi-public institutions located in the R-PUD District shall meet the following requirements:
      (1)    All structures and activity areas, except off-street parking area, shall be located at least 100 feet from any property line.
      (2)    The minimum lot area shall be one and one-half acres.
      (3)    All points of entrance or exit shall be located no closer than fifty feet from the intersection of two major thoroughfares and/or no closer than fifty feet from the intersection of a major thoroughfare and a collector street.
      (4)    Such developments shall be located on major thoroughfares, at intersections of major and/or collector streets, or on service roads for major thoroughfares.
   (c)    In the R-3, R-O, C-1 and C-2 District quasi-public institutions shall be in compliance with the minimum yard and lot area requirements:
      (1)    For multi-family residences pursuant to Section 1131.03 when located in R-3 District.
      (2)    For office development pursuant to Sections 1145.04 and 1145.05 when located in an R-O District.
      (3)    For permitted uses pursuant to Sections 1133.03 and 1133.04 when located in the C-1 District.
      (4)    For permitted uses pursuant to Sections 1135.03 and 1135.04 when located in the C-2 District.
         (Ord. 1981-43. Passed 3-23-81.)
   1153.12  PUBLIC AND PAROCHIAL SCHOOLS.
   (a)    All structures and activity areas, except off-street parking area, shall be located at least 100 feet from all property lines.
   (b)    All points of entrance or exit shall be located no closer than 200 feet from the intersection of two major thoroughfares and/or no closer than 200 feet from the intersection of a major thoroughfare and a collector street.
   (c)    Elementary school structures should be located on a collector street.
   (d)    Such developments shall be located on major thoroughfares, at intersections of major and/or collector streets or on service roads for major thoroughfares.
   (e)    The minimum lot size shall be three acres.
(Ord. 1981-43. Passed 3-23-81.)
   1153.13  OUTDOOR RECREATION FACILITIES USED INTENSIVELY.
   Public or privately owned and/or operated outdoor recreational facilities generally used intensively including picnic areas, parks, playgrounds, ballfields, swimming facilities, tennis clubs, golf courses, riding academies, and country clubs are subject to the following:
   (a)    Recreation facilities and activities permitted pursuant to this section shall meet the following requirements:
      (1)    Site locations should be preferred that offer natural or man-made barriers that would lessen the effect of intrusion into an area.
      (2)    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.
      (3)    All activities, programs and other events shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.
   (b)    Recreational facilities pursuant to this section located in any O-C, R-R, R-2 or R-PUD District shall meet the following requirements:
      (1)    All structures and activity areas, except off-street parking area, shall be located at least 100 feet from all property lines.
      (2)    All points of entrance or exit shall be located no closer than fifty feet from the intersection of two major thoroughfares and/or no closer than fifty feet from the intersection of a major thoroughfare and a collector street.
   (c)    In the R-3, R-O and C-2 District recreational facilities permitted pursuant to this section shall have all structures and activity areas, except off-street parking area, located in compliance with the minimum yard and lot area requirements.
      (1)    For multi-family residences pursuant to Section 1131.03 when located in the R-3 District
      (2)    For office development pursuant to Sections 1145.04 and 1145.05 when located in the R-O District
      (3)    For permitted uses pursuant to Sections 1135.03 and 1135.04 when located in the C-2 District.
         (Ord. 1981-43. Passed 3-23-81.)
   1153.14 OUTDOOR RECREATION FACILITIES WITH OPEN SPACE.
   Publicly or privately owned and/or operated outdoor recreational facilities containing extensive open space and preserving natural features of the area, including recreation areas, day camps, private parks; and in the O-C District and the R-R District including overnight uses such as campgrounds, summer camps and group accommodations are subject to the following:
   (a)    All structures and activity areas, except off-street parking area, shall be located at least 100 feet from all property lines.
   (b)    All points of entrance or exit shall be located no closer than 200 feet from the intersection of two major thoroughfares and/or no closer than 200 feet from the intersection of a major thoroughfare and a collector street.
(c)    Site locations should be preferred that offer natural or man-made barriers the would lessen the effect of intrusion into the area.
(d)    Only retail uses which are customarily accessory or incidental to the main recreational use shall be permitted as part of the campground. Permitted retail uses are refreshment stands, souvenir stands, concession stands, park office and the limited sale of groceries when the customers are primarily the campers using the park.
(e)    A minimum lot area of fifty acres shall be required.
   (f)   All activities, programs and other events shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.
   (g)    When permitted as a conditional use in the O-C and R-R Districts:
      (1)    No campsite shall be occupied by the same occupant or group and/or tent, trailer or other camping equipment for a period longer than fourteen consecutive days.
      (2)    No cabin, lodge, room or other rental accommodations shall be occupied by the same occupant or group for a period longer than thirty consecutive days.
         (Ord. 1981-43. Passed 3-23-81.)
   1153.15 PRIVATE TECHNICAL SCHOOLS.
   (a)    Private technical schools located in the I-1 District shall be developed with all structures and activity areas, except off-street parking areas located at least fifty feet from all property lines.
   (b)    In the R-O and C-2 Districts private technical schools shall have all structures and activity areas, except off-street parking areas located in compliance with the minimum yard and lot area requirements.
      (1)    For office development pursuant to Sections 1145.04 and 1145.05 when located in an R-O District.
(2)    For permitted uses pursuant to Section 1135.04 when located in a C-2 District.
   (Ord. 1981-43. Passed 3-23-81.)
   1153.16  OIL AND GAS WELL OPERATIONS.
   (a)    The following oil and gas well drilling regulations shall apply as minimum standards for the permittee when applying for conditional zoning applications to insure that all locations and the appearance of wells and storage tanks shall be in compliance with the intent of Section 1153.03(c).
   (b)    Pooling of land of not more than five property owners is permitted. There shall be no more than one well per forty acres
   (c)    Within thirty days after completion of drilling, a staking plat showing as built location of the wells, all permanent storage facilities, all pipelines, fences, property boundaries and service roads shall be presented to the Service Director. The plat shall show the as built location of the above structures, boundary lines, and City inspection access route, and shall be prepared by a registered surveyor of the State.
   (d)    Well sites shall not be less than 500 feet from the right-of-way line of any public road or boundary of any adjacent property outside the drilling unit and no wells shall be located closer than 500 feet from any existing residence.
   (e)    Well site restoration following drilling may be completed within a time period agreed upon at the time of site plan approval, but in no case shall that time period be more than six months. Extension due to weather delay will be subject to Service Director approval. A surety bond of five thousand dollars ($5,000) per well shall be deposited with the Service Director prior to any construction or drilling to insure site restoration as required by Ohio R.C. Chapter 1509, and/or the Streetsboro Planning and Zoning Commission.
   (f)   If a pumping unit is required, it shall be enclosed by a six foot high chain link fence topped with three strands of barbed wire. The fence shall be erected prior to production of well. All pumping units shall be electrically driven when located less than 700 feet from the right-of-way line of any public road, or less than 1000 feet from any dwelling. Gates that are part of the enclosure of the pumping unit shall be kept locked. The pumping unit and fence enclosure shall be painted forest green color. Pumping unit installations shall be landscaped from the road if the location does not provide adequate natural foliage Landscaping shall consist of five to seven year heavy transplants spaced eight to ten feet apart and within five feet of the fence enclosure. Accepted species include one or several of the following: red, white or Scotch pines and blue spruce.
   (g)    Permanent or temporary waste holes, storage lagoons, service ponds or similar storage facilities shall be designed, constructed and maintained so as to prevent any drainage into ditches, natural watercourses or natural or man-made bodies of water. All storage lagoons, service ponds, etc., shall be pumped and contents hauled away as needed and backfilled, within ninety days after well drilling has been completed. Extension due to weather delay will be subject to Service Director approval. There shall be a protective lining of impermeable material installed in storage lagoons so as to prevent the percolation of harmful chemicals or residues into the soil.
   (h)    While drilling, all mud carried onto public roadways by trucks, drilling equipment, etc., shall be cleared by the driller from the public roadway as many times as necessary every day to keep the road clean and safe at all times.
   Service roads shall be maintained by the applicant and/or his construction company and all heirs, assigns, agents, subcontractors and/or employees thereof for the life of the well.
   (i)    Prior to the drilling of any well, a service road to the storage tank site shall be constructed of suitable aggregate to be used by all vehicles and equipment moving to and from the drilling site before and during actual drilling of the well.
   The Service Director shall prescribe the necessary density of aggregate to be used in the construction of the service road for each and every tank battery.
(Ord. 1984-32. Passed 3-26-84.)
   (j)    Storage tanks shall be located on a prepared site not less than 200 feet from the right-of-way line of any public street or road, not less than 100 feet from any boundary line of adjacent property outside the drilling unit, and not less than 500 feet from any existing dwelling. Storage tank installations shall be enclosed by a six-foot high chain link fence topped with three strands of barbed wire. The fence shall be erected prior to tank usage. Gates that are part of the enclosures of storage tanks shall be kept locked. All storage tanks, separator and fence enclosure shall be painted forest green color. Tank installations shall be landscaped when the location is less than 600 feet from the right-of-way line of the road, if the location does not provide adequate natural foliage. Landscaping shall consist of five to seven year heavy transplants spaced eight to ten feet apart and within five feet of the fence enclosure. Accepted species include one or several of the following: red, white or Scotch pines and blue spruce. Storage tanks shall be diked or otherwise designed, constructed and maintained so as to prevent any seepage or drainage beyond a five foot distance from each tank. Such seepage or drainage shall, under no circumstances, be allowed to enter upon adjacent property or any road drainage ditch, natural watercourse or man-made body of water. All oil or water lines with valves on tanks shall be locked and capped.
(Ord. 1986-47. Passed 6-23-86.)
   (k)    All wells and storage tanks shall be maintained in a neat, orderly condition so as to prevent injury to a single property, individual or the community in general. The well shall be identified at the right of way and entrance road by a street address sign with numbers twelve inches high and six inches wide, black on white background. The sign shall be on twelve gauge metal and/or .060 aluminum or better, and secured waist high on an approved metal post, and maintained so as to be readily visible by the passing public. A surety bond of one thousand dollars ($1,000) per well shall be required to insure that well site shall be maintained in this condition during the life of the well.
   (l)    Site review by Planning and Zoning Commission of all proposed locations of gas and oil wells and storage prior to approval.
   (m)    Inspection requirements for well, storage tanks and service roads shall be established by the Service Director prior to issuance of permits.
   (n)    All E.P.A. rules shall be followed relative to disposal of waste water.
   (o)    The operator shall provide a certificate of insurance showing that he carries a minimum of five hundred thousand dollars ($500,000) liability insurance to the Service Director prior to any construction or drilling.
   (p)    All well site operations shall conform to Ohio R.C. Chapter 1509 and to the Rules and Regulations of the Ohio Department of Natural Resources, Division of Oil and Gas, Chapter N.R.O., 1, 3, 5, 7 and 9, latest edition.
   In the event there is any conflict between the regulations cited above, Ohio R.C. Chapter 1509 and the Zoning Ordinance, the more stringent regulations shall apply.
   (q)    (EDITOR'S NOTE: Former subsection (q) was repealed by Ordinance 1991-12, passed March 25, 1991.)
   (r)    It shall be the duty of the permittee to seal gas and oil wells to protect fresh wells from salt water or other pollution or contamination in such proper manner as is in accordance with good practice. The permittee shall establish contingency plans for the immediate furnishing of potable water to affected residents for such period as may be required to re-establish proper potability on any polluted or contaminated well or wells. Unless otherwise enumerated or delineated by the Service Director, the requirement to provide such immediate water supply shall be limited to residents within 1,000 feet of the well head. The permit holder shall be responsible for the obligation to provide potable water, without cost to the residents receiving the same provided liability is established by the Ohio Department of Natural Resources. The voluntary providing of water by the permittee shall not be construed as an admission of liability. (Ord. 1984-32. Passed 3-26-84.)
   (s)    Drilling operations shall be controlled, by double exhausts or otherwise, so that the noise level of actual drilling does not exceed the noise level of seventy-five decibels in a 500 foot radius during maximum noise production periods. Only fluid rotary-type drilling rigs sufficiently muffled against noise emissions shall be used in any drilling operation. Cable tool rigs may be used at the request of the Planning and Zoning Commission.
(Ord. 1986-47. Passed 6-23-86.)
   (t)    At a minimum of ten days prior to the start of well drilling operations, a map indicating any and all routes to be used in conjunction with the drilling operations shall be submitted to the Service Director. The Service Director shall then visually inspect such roads in the company of an agent of the permittee to determine their condition prior to any activity on the part of the applicant.
   At a minimum of twelve hours prior to the movement of any drilling equipment into the City, notice shall be given to the Service Director and written consent from the Service Director shall be secured.
   The correction of any damages to any road surfaces occurring as the direct or indirect result of the movement of heavy drilling equipment or heavy trucks any way associated with the drilling shall be the responsibility of the permit holder. The City assumes no liability for damage to the applicant's equipment or load being moved due to the failure of the City streets.The permit holder shall compensate the City for personal injury and/or property damages and shall further hold the City harmless of any and all claims, damages or proceedings of any kind and from all responsibility for personal injury or property damage, public or private, caused directly or indirectly as a result of the transportation of any and all equipment related to the drilling activities.
   The applicant shall further post a cash bond with the City in an amount to be determined and set by the Service Director to cover the costs of repair of all affected roads and/or public improvements which may be damaged as a result of the transportation of well drilling equipment by the applicant.
(Ord. 1984-32. Passed 3-26-84.)
   (u)    Movement of any vehicles exceeding the legal weight limit set by law shall be prohibited on any and all City streets without prior written approval by the Service Director. The movement of such vehicles is further prohibited on Saturday, Sunday and/or legal holidays and at any other time other than the daylight hours. The Service Director shall have the right and discretion to revoke approval of transportation of well drilling equipment on twelve hours notice at any time that the conditions of the roads, the weather or the traffic conditions make travel unsafe or imminent threat of severe damage to the roads and/or public improvements along the proposed route of travel of such vehicles exists. No transportation of drilling rigs whatsoever shall be conducted when frost laws are posted by the Service Director.
(Ord. 1986-47. Passed 6-23-86.)
   (v)    Release of bonds and sureties shall be done at such time as deemed appropriate by the Service Director.
   (w)   Pursuant to Ohio R.C. 1509.39 and in order to insure continuing compliance with the health and safety standards as are set forth above during the life of all wells to be drilled with the City limits, there is hereby established an annual fee to be used for the regulation of such operations and to cover the cost of the inspection and enforcement of past, present and future regulations within the City.  The amount of such fee shall be one hundred seventy-five dollars ($175.00) per well per year.  The fee is due and payable in the first year of operation within ten days after a conditional zoning certificate has been granted.  Thereafter, the fee is due and payable each and every anniversary date of the issuance of the conditional zoning certificate for such wells in successive years and during the life of the well and until such well is properly plugged in accordance with applicable State and local regulations.  In the event the annual inspection reveal a problem with the well, there is hereby established a fee of seventy-five dollars ($75.00) per re-inspection to ensure that corrective measures have been taken, and the same shall be paid by the well owners.  (Ord. 1999-138.  Passed 10-25-99.)
   (x)   The failure to pay the fee as is set forth in subsection (w) hereof shall be grounds for revocation of the conditional zoning certificate for such well drilling operations in accordance with subsection (y) hereof.
   (y)   Failure to comply with any provisions of this chapter shall be grounds to refuse to issue a permit to drill or shall be grounds to revoke a permit already issued.  Revocation of a permit shall remove all right of the permittee to drill oil and/or gas until such time as the permittee takes steps to be in compliance with this chapter.  Drilling operations carried on by the permittee after revocation of this permit shall constitute a violation of this chapter and shall be punishable as provided in subsection (z) hereof.
   (z)   Whoever violates any of the provisions of this section, or any amendment hereafter adopted to this section, shall be guilty of a first degree misdemeanor and upon conviction thereof, shall be fined not more than one thousand dollars ($1,000).  Each day’s violation of any provision shall constitute a separate offense.  The City Law Director is further authorized to seek injunctive relief against any violation of any provision of this section or of amendments hereto in any proper court. 
(Ord. 1984-32.  Passed 3-26-84.)
   1153.17  MULTI-FAMILY DWELLINGS.
   (a)   Multi-family dwellings of the duplex, townhouse or multi-family type are subject to the following:
      (1)   The property shall be within 250 feet of a fully improved public right-of- way and street;
      (2)   Fire hydrants serving site shall be at 300 foot intervals.
      (3)   Shall provide two access points to the public street.
      (4)   Shall provide traffic control lights at private roads if total dwellings exceed 400 family units;
      (5)   Lands required for open park to be in a single contiguous parcel;
      (6)   Shall provide security lighting without shadow areas at a two foot candle level including all parking and grass areas;
      (7)   Shall provide central facilities for collection and disposal of trash;
      (8)   Shall provide concrete sidewalks along public and private streets; and
      (9)   Maximum density not to exceed six units per acre.
   (b)    Lot requirements.
      (1)    Two-Family Residence.
         A.   Minimum lot area: 18,000 square feet.
         B.   Minimum lot frontage: 1000 feet.
         C.   Minimum front yard depth: 70 feet from road right-of-way.
         D.   Minimum side yard: ten feet each side.
         E.   Minimum rear yard: ten feet from rear lot line.
      (2)    Multi-Family Residence.
         A.   Minimum site area for multi-family developments: 20,000 square feet.
         B.   Minimum lot area for each dwelling unit: 7,260 square feet.
         C.   Minimum lot frontage: 100 feet.
         D.   Minimum front yard depth: 50 feet from road right-of-way.
         E.   Minimum side yard: 15 feet each side.
   (c)    Maximum building height shall not exceed three floors or thirty-four feet.
   (d)   No property zoned R-2 after date of passage of this section will carry this Conditional Use.
(Ord. 1994-108. Passed 11-28-94.)
   1153.18  MASSAGE ESTABLISHMENTS.
   Massage establishments as conditionally permitted under regulations pertaining to conditional uses shall not be located within 500 feet of the following land uses:
   (a)    Churches.
   (b)    Schools (private and public).
   (c)    Daycare centers.
   (d)    Playgrounds.
   (e)    Parks (private or public).
   (f)   Theaters.
   (g)    Restaurants.
   (h)    Teen centers. (Ord. 1981-43. Passed 3-23-81.)
   1153.19  SURFACE MINING.
   As of the effective date of this section, surface mining is a nonconforming use in all districts.  No conditional zoning certificates shall be issued for any surface mining operation that was not already in existence prior to the effective date of this section.  For surface mining operations that were in existence and received a conditional zoning certificate prior to the effective date of this section, the continued use of any land for surface mining operations shall require compliance with Sections 1157.01 through 1157.03 of this chapter and with the following:
   No operator shall engage in surface mining or conduct a surface mining operation without a permit issued by the Service Director as conditionally approved by the Planning Commission.
   (a)    An application for a permit, with the permit fee of seven hundred and fifty dollars ($750.00) for administrative costs and site plan technical review, shall be upon such form as the Service Director prescribes and provides, and shall contain:
      (1)    The name and address of the applicant, of all partners if the applicant is a partnership, or of all officers and directors if the applicant is a corporation, and any other person who has a right to control or in fact controls the management of the applicant or the selection of officers, directors, or managers of the applicant;
      (2)    A list of the minerals sought to be extracted, an estimate of the annual production rates for each mineral, and a description of the land upon which the applicant proposes to engage in a surface mining operation, which description shall set forth: the name of the counties, townships and municipal corporations in which the land is located; the location of its boundaries; and a description of the land of sufficient certainty that it may be located and distinguished from other lands;
      (3)    An estimate of the number of acres of land that will comprise the total area of land to be affected and an estimate of the number of acres of land to be affected during the first year of operation under the permit;
      (4)    The name and address of the owner of surface rights in the land upon which the applicant proposes to engage in surface mining;
      (5)    A copy of the deed, lease or other instrument which authorizes entry upon such land by the applicant or his agents, if surface rights in the land are not owned by the applicant;
      (6)    A statement of whether any surface mining permits or strip mining licenses are now held by the applicant in this state, and if so, the numbers of the permits or licenses;
      (7)    A statement of whether the applicant, any partner if the applicant is a partnership, any officer or director if the applicant is a corporation, or any other person who has a right to control or in fact controls the management of the applicant or the selection of officers, directors or managers of the applicant has ever had a surface mining permit or strip mining license issued by this or any other state suspended or revoked, or has ever forfeited a surface or strip mining bond, cash or a security deposited in lieu of bond;
(8)    A report of the results of test borings that the operator has conducted on the area or otherwise has readily available, including, to the extent that such information is readily available to the operator, the nature and depth or overburden and material underlying each mineral and the thickness and extent of each mineral deposit. All information relating to test boring results submitted to the Service Director shall be kept confidential and not made a matter of public record, except that the information may be disclosed by the Service Director in any legal action in which the truthfulness of the information is material.
      (9)    A complete plan for mining and reclamation of the area to be affected, which shall include a statement of the intended future uses of the area and show the approximate sequence in which mining and reclamation measures are to occur, the approximate intervals following mining during which the reclamation of all various parts of the area affected will be completed, and the measures the operator will perform to prevent damage to adjoining property, including maintenance of water table, and to achieve all the following general performance standards for mining and reclamation:
         A.    Prepare the site adequately for its intended future uses upon completion of mining.
         B.    Where a plan of zoning or other comprehensive plan has been adopted which governs land uses or the construction of public improvements and utilities, for an area that includes the area sought to be mined, insure that future land uses within the site will not conflict with the plan.
         C.    Grade, contour or terrace final slopes, wherever needed, sufficient to achieve soil stability and control landslides, erosion and sedimentation. High walls will be permitted if they are compatible with the future uses specified in the plan and measures will be taken to insure public safety. Where ponds, impoundments, or other resulting bodies of water are intended for recreational use, establish banks and slopes that will assure safe access to such bodies of water. Where such bodies of water are not intended for recreation, include measures to insure public safety, including fencing, but access need not be provided.
         D.    Resoil the area of land affected, wherever needed, with topsoil or suitable subsoil, fertilizer, lime or soil amendments, as appropriate, in sufficient quantity and depth to raise and maintain a diverse growth of vegetation adequate to bind the soil and control soil erosion and sedimentation. 
         E.    Establish a diverse vegetative cover of grass and legumes or trees, grasses, and legumes capable of self-regeneration and plant succession wherever required by the plan.
         F.    Remove any metal, lumber, equipment or other refuse resulting from mining, and remove any unwanted or useless structures.
         G.    Reestablish boundary, section corner, government and other survey monuments that were removed by the operator.
         H.    During mining and reclamation, insure that contamination, resulting from mining, of underground water supplied is prevented. Upon completion of reclamation, insure that any lake or pond located within the site boundaries are free of substances resulting from mining in amounts or concentrations that are harmful to persons, fish, waterfowl, or other beneficial species of aquatic life. The permittee shall establish contingency plans for the immediate furnishing of potable water to affected residents for such period as may be required to reestablish proper potability on any polluted or contaminated well or wells. Unless otherwise enumerated or delineated by the Service Director, the requirement to provide such immediate water supply shall be limited to residents within 1,000 feet of the mining operation. The permit holder shall be responsible for the obligation to provide potable water, without cost to the residents receiving the same, provided liability is established by the Ohio Department of Natural Resources. The voluntary providing of water by the permittee shall not be construed as an admission of liability.
         I.    During mining and reclamation, control drainage so as to prevent the causing of flooding, landslides and flood hazards to adjoining lands resulting from the mining operation. Leave any ponds in such condition  as to avoid their constituting a hazard to adjoining lands.
         J.    Insure that mining and reclamation are carried out in the sequence and manner set forth in the plan and that reclamation measures are performed in a timely manner. All reclamation of an area of land affected shall be completed no later than six months following the mining of such area, unless the operator makes a showing satisfactory to the Service Director that the future use of such area required a longer period for completing reclamation. Extension due to weather delay will be subject to Service Director approval. A surety bond of twenty-five thousand dollars ($25,000) per mining operation shall be deposited with the Service Director prior to any mining to insure site restoration as required by Ohio R.C. Chapter 1509, and the Streetsboro Planning and Zoning Commission.
         K.    During mining, store topsoil or fill in quantities sufficient to complete the backfilling, grading, contouring, terracing and resoiling that it specified in the plan. Stabilize the slopes of and plant each spoil bank to control soil erosion and sedimentation wherever substantial damage to adjoining property might occur.
         L.    During mining, promptly remove, store or cover any coal, pyritic shale, or other acid producing materials in a manner that will minimize acid drainage and the accumulation of acid water.
         M.    During mining, detonate explosives in a manner that will prevent damage to adjoining property in accordance with specific blasting permit issued by the City. The applicant must provide evidence of liability insurance in the amount of seven hundred and fifty thousand dollars ($750,000). Such policy must be on file with the Service Director's office.
      (10)    A map in triplicate, on a scale of not more than four hundred feet to the inch, or three copies of an enlarged United States geological survey topographic map on a scale of not more than four hundred feet to the inch. The map shall:
         A.    Be prepared and certified by a registered professional engineer and registered surveyor, State of Ohio;
         B.    Identify the area of land to be affected corresponding to the application, with minimum setback to be established by the conditional permit;
         C.    Show the probable limits of subjacent and adjacent deep, strip or surface mining operations, whether active, inactive, or mined out. Show the office facilities, certified scale, sanitary facilities and health and safety devices pertinent to the operation;
         D.    Show the boundaries of the area of land to be affected during the period of the permits and the area of land estimated to be affected during the first year of operation, name the surface and mineral owners of record of the area, and the owners of record of adjoining surface properties;
         E.    Show the names and locations of all streams, creeks or other bodies of water, roads, railroads, utility lines, buildings, cemeteries and oil and gas wells, on the area of land to be affected and within five hundred feet of the perimeter of the area;
         F.    Show the counties, municipal corporations, townships and sections in which the area of land to be affected is located;
         G.    Show the drainage plan on, above, below and away from the area of land to be affected, indicating the directional flow of water, constructed drainways, natural waterways used for drainage, and the streams or tributaries receiving or to receive this discharge;
         H.    Show the location of available test boring holes that the operator has conducted on the area of land to be affected or otherwise has readily available.
         I.    Show the date on which the map was prepared, the north direction and the quadrangle sketch, and the exact location of the operation;
         J.    Show the all-weather, two-lane service roads, (minimum eighteen feet width) adjoining public roads, and specific dust control measures for internal and external traffic, including bitumin binding materials.
         K.    Show the type, kind, location and references of all existing boundary, section corner, government and other survey monuments within the area to be affected and within five hundred feet of the perimeter of the area.
         L.    Show restricted access safety zones, signage, approved barriers as appropriate for fixed base processing equipment or pits, water holes, and potential safety hazards.
         M.    The certification of the maps shall read: "I, the undersigned (the owner), hereby certify that this map is correct, and shows to the best of my knowledge and belief all of the information required by the surface mining laws of the state." The certification shall be signed and attested before a notary public.
   The Service Director may reject any map as incomplete if its accuracy is not so certified and attested.
   (b)    (1)    At a minimum of thirty days prior to the start of mining operations, a map indicating any and all routes and time schedules to be used in conjunction with the mining operations shall be submitted to the Service Director. The Service Director shall than visually inspect such roads in the company of an agent of the permittee to determine their condition prior to any activity on the part of the applicant.
      (2)    The correction of any damages to any road surfaces occurring as the direct or indirect result of the movement of heavy equipment or heavy trucks any way associated with the mining shall be the responsibility of the permit holder. The City assumes no liability for damage to the applicant's equipment or load being moved due to the failure of the City streets. The permit holder shall compensate the City for personal injury and/or property damages and shall further hold the City harmless of any and all claims, damages or proceedings of any kind and from all responsibility for personal injury or property damage, public or private, caused directly or indirectly as a result of the transportation of any and all equipment related to the mining activities.
      (3)    The applicant shall further post a cash bond of not less than five thousand dollars ($5,000) with the City to cover the costs of repair of all affected roads and/or public improvements which may be damaged as a result of the transportation of equipment by the applicant.
      (4)    The applicant shall provide a general liability insurance policy in the amount of one million dollars ($1,000,000), a copy of which, in full force and effect, shall be on file with the Service Director.
(c)    Movement of any vehicles exceeding the legal weight limit set by law shall be prohibited on any and all City streets without prior written approval by the Service Director. The movement of such vehicles is further prohibited on Saturday, Sunday and/or legal holidays and at any other time other than 7:00 a.m.  to 6:00 p. m., unless otherwise approved by the Service Director. The Service Director shall have the right and discretion to revoke approval of transportationof equipment at any time that the condition of the roads, the weather or the traffic conditions make travel unsafe, or imminent threat of severe damage to the roads and/or public improvements along the proposed route of travel of such vehicles exists.
   (d)    While mining, all mud carried onto public roadways by trucks, equipment, etc., shall be cleared by the miner from the public roadways as many times as necessary every day to keep the road clean and safe at all times. The miner shall have Service Director approved road cleaning equipment at the site at all times for this purpose.
(e)    Safety signage must be provided as required at the direction of the Planning Commission and the Service Director. See Uniform Traffic Control Chart, Ohio Department of Transportation, latest edition.
(f)    All E.P.A. rules shall be followed relative to air quality control and disposal of waste water.
(g)    The operator shall post in a conspicuous place the seal of the Weights and Measures Inspector of jurisdiction, at the truck scale. Such posting shall be renewed annually.
(h)    Pursuant to Ohio R.C. 1509.39 and in order to insure continuing compliance with the health and safety standards as are set forth above during the life of the project within the City limits, there is hereby established an annual fee to be used for the regulation of such operations and to cover the cost of the inspection and enforcement of past, present and future regulations within the City. The amount of such fee shall be five hundred dollars ($500.00) per site per year. The fee is due and payable in the first year of operation within ten days after a conditional zoning certificate has been granted. Thereafter, the fee is due and payable on January 1 of each year for such sites in successive years and during the life of the project and until final restoration is completed as approved by the Service Director.
(i)    The failure to pay the fee as is set forth in subsection (h) hereof shall be grounds for revocation of the conditional zoning certificate for such surface mining operations in accordance with subsection (j) hereof.
(j)    Failure to comply with any provisions of this section shall be grounds to refuse to issue a permit to mine or shall be grounds to revoke a permit already issued. Revocation of a permit shall remove all right of the permittee to mine until such time as the permittee takes steps to be in compliance with this section. Mining operations carried on by the permittee after revocation of this permit shall constitute a violation of this section and shall be punishable as provided in subsection (k) hereof.
(k)    Whoever violates any of the provisions of this section, or any amendment hereafter adopted to this section, shall be guilty of a first degree misdemeanor and upon conviction thereof, shall be fined not more than one thousand dollars ($1,000). Each day's violation of any provision shall constitute a separate offense. The City Law Director is further authorized to seek injunctive relief against any violation of any provision of this section or of amendments hereto in any proper court.
   (l)   Before any existing company's site plan can be approved for any additional surface mining, an equal or greater amount of land must be reclaimed as per ODNR standards.
   (m)   Actual working hours shall be conducted between 7:00 a.m. and 7:00 p.m.
      Monday through Friday and from 7:00 a.m. to Noon on Saturday.  No work shall be done on Sundays or Holidays.
   (n)   Five hundred foot setback from any existing building and/or property designed as a recreational facility at the time of application, or 100 foot setback from any other existing property lines.
   (o)   Eight hundred foot front yard setback.
       (Ord. 2016-83.  Passed 6-27-16.)
   1153.20  ADULT ENTERTAINMENT USES.
   Adult Entertainment Uses shall conform with the following standards:
   (a)   City Council finds and determines that permitting Adult Entertainment Uses, as defined in Codified Ordinance §1153.20(b)(1)-(3), in proximity to residential, institutional, and non-adult entertainment retail uses would have a detrimental effect on such adjacent uses, and would cause a deleterious effect on the aesthetics and economics of the areas in which such uses are located.  It has been demonstrated that Adult Entertainment Uses have been known to cause undesirable secondary effects on residential and institutional uses, particularly those where children are present, as well as adjacent non-adult entertainment retail uses.  Therefore, to prevent potential deterioration in the C-3 Highway Interchange Commercial District, to avoid potential adverse impacts on adjacent residential and institutional uses (particularly those where children are present) and thereby protecting the public health, safety, moral, and general welfare of the City, and to provide for the orderly, planned future development of the City, Adult Entertainment Uses shall be conditionally permitted in the C-3 Highway Interchange Commercial District of the City subject to the following specific requirements.
   (b)   Definitions.  Adult Entertainment Uses shall include but not limited to, any of the following three uses:
      (1)   Adult book store.  An establishment having twenty-five percent (25%) or more of its stock-in-trade, sale or rental, in books, magazines and other periodicals that are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities,” or “specified anatomical areas,” or an establishment with a twenty-five percent (25%) segment or section of its floor space or display area devoted to the sale, display, or rental of such material.
      (2)   Adult motion picture theater.  An enclosed building used to derive twenty- five percent (25%) or more of its gross income from the showing of, or that uses twenty-five percent (25%) or more of its total viewing time for the presentation of, material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons in the buildings.
      (3)   Cabaret.  An adult club, restaurant, theater, hall or similar place that features topless dancers, go-go dancers, exotic dancers, strippers (male or female), male or female impersonators or similar entertainment exhibiting “specified anatomical areas” or performing “specified sexual activities.”
      The following terms shall mean:
      (4)   Specified anatomical areas.  Less than completely and opaquely covered:
         A.   Human genitals, pubic region;
         B.   Buttocks;
         C.   Female breasts below a point immediately above the top of the areola; and
         D.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
      (5)   Specified sexual activities.
         A.   Human genitals in a state of sexual stimulation or arousal;
         B.   Acts of human masturbation, sexual intercourse or sodomy;
         C.   Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
   (c)   Prohibited Conduct.
      (1)   No Adult Entertainment Use shall be permitted:
         A.   Within 500 feet of any other existing Adult Entertainment Use, and/or
         B.   Within 1,000 feet of any residentially zoned district, or any of the following residentially related uses:
            1.   Churches, monasteries, chapels, synagogues, convents, rectories, religious article or religious apparel stores;
            2.   Schools up to and including the twelfth grade, including their adjunct play areas; and
            3.   Public playgrounds, public swimming pools, public parks and public libraries.
      (2)   Measurement of distances.  For the purposes of this subsection (c), spacing distances shall be measured as follows:
         A.   From all property lines of any Adult Entertainment Use;
         B.   From the outward line of boundary of all residential zoning districts;
         C.   From all property lines of any residential-related use as enumerated in Section 1153.20(c)(1)B.1. to 3.
   (d)   Signs and Other Visible Messages.  All Adult Entertainment Uses shall be permitted signs or other visible messages based on the allowable sign area of the C-3 Highway Interchange Commercial District, provided:
      (1)   Sign messages shall be limited to verbal description of material and/or services available on the premises;
      (2)   Sign messages may not include any graphic or pictorial depiction of material and/or services available on the premises;
      (3)   Other visible messages that are visible or intended to be visible from outside the property (such as on or within doors or windows) shall not display materials, items, publications, pictures, films, videocassettes or printed material available on the premises; or pictures, films, videocassettes or live presentation of persons performing or services offered on the premises.
   (e)   Discontinuance of Operation.  Should any Adult Entertainment Use cease or discontinue operation for a period of ninety (90) or more consecutive days, it may not resume or be replaced by any other Adult Entertainment Use unless such use complies with all the requirements set forth in this section.
   (f)   Modifications to Conditional Zoning Certificate Process.  An application for a conditional zoning certificate for an Adult Entertainment Use in the C-3 Highway Interchange Commercial District (1) shall be heard by the Planning and Zoning Commission within 30 days of receipt; (2) the Commission shall make a decision upon such application at the time of hearing; (3) General Standards (1), (3), and (4) under the Basis of Determination in Section 1153.03(c) shall not apply to such application; and (4) the decision of the Commission shall be immediately appealable under Ohio Revised Code Chapter 2506.  The provisions in this subsection (f) control over any contrary provision in Chapter 1153 or the Zoning Ordinance of the City.
   (g)   Severability.  Each of the provisions of this section are severable, and if any provision is held invalid by a court of competent jurisdiction, the remaining provisions shall not be affected, but shall remain in full force and effect.
      (Ord. 2004-143.  Passed 9-27-04.)
   1153.21  PUBLIC STORAGE INCLUDING SELF-SERVICE STORAGE FACILITIES.
   Public storage facilities including self-service storage facilities and mini-storage shall conform with the following standards:
   (a)   Electronic surveillance equipment shall be required to serve as security for the facility.
   (b)   Lot coverage of all structures shall be limited to eighty percent (80%) of the lot size.
   (c)   Building height shall not exceed fifteen feet.
   (d)   All one-way driveways shall provide for one ten foot parking lane and one fifteen foot travel lane. Traffic direction and parking shall be designated by signage or driveway painting. All two-way driveways shall provide for one ten foot parking lane and two twelve foot travel lanes. The parking lanes may be eliminated when the driveway does not serve storage units.
   (e)   One parking space for each ten units shall be required, and shall be equally distributed throughout the storage area. Two parking spaces shall be required for the managers quarters. One parking space for every twenty-five storage units shall be required to be located at or near the office for prospective clients.
   (f)   All lights shall be shielded to direct light onto the established buildings and away from adjacent property, but may be of sufficient intensity to discourage vandalism and theft.
   (g)   A twenty-five foot wide landscaping buffer zone, parallel to the street frontage, equal to the property frontage excluding ingress-egress drives, and twenty feet setback, shall be required and landscaping shall require trees in the ratio of at  least one tree for every 2,000 square feet or fraction thereof of area landscaped.  Landscaping shall consist of a variety of hardy evergreen planted material consisting of trees, low-medium-high profile shrubs, together with suitable ground cover and be maintained in such a manner as not to impair vehicle visibility.
   (h)   The storage area shall be completely enclosed by walls, fences or buildings, or combination. All walls and fences shall conform to Section 1151.23, fence and wall regulations.
   (i)   Interior landscaping shall be based on fifteen square feet of landscaping per parking space required and will be distributed reasonably evenly across the lot area.
   (j)    The proposed development shall conform to all applicable regulations outlined in Chapter 1152.
   (k)    Outside storage is prohibited in the self-service storage facilities.
      (Ord. 1990-93. Passed 10-22-90.)
   1153.22  CAR WASHES.
   Car washes:
   (a)    Shall, at a minimum, conform to all setback requirements of the district in which they are permitted and shall be subject to Planning Commission approval.
   (b)    Washing of vehicles shall be done completely within an enclosed building.
   (c)    The construction, operation and maintenance of such use shall be such that it will not be hazardous, noxious or offensive due to the emission of odor, noise vibration, refuse matters or water-carried wastes.
   (d)    Ingress and egress driveways shall be limited to two, to any one road, shall not exceed thirty feet each in width, shall be separated from the intersection of any two road right-of-way lines by at least forty feet and from the intersection of any property line with any road right-of-way line by at least ten feet. At least a six inch high pedestrian curb shall be installed where any service areas adjoin any road right-of-way lines, except at driveway approaches.
   (e)    There shall be an adequate area for stacking of vehicles awaiting servicing so as to ensure no interference with traffic flow. Planning Commission will address and determine the adequacy of the stacking area during Site Plan Review.
   (f)    No Zoning Certificate shall be issued until final site plans have been submitted and approved by the Planning Commission. Site plans shall be in conformance with Chapter 1152.
      (Ord. 1994-107. Passed 11-28-94.)
   1153.22.1 AUTOMOTIVE REPAIR.
   (a)   There shall be no parking in the required front yard area, other than employees and/or customers waiting for service.
   (b)   The maximum number of parking spaces permitted on site shall be:
      (1)   One space for each employee;
      (2)   Six spaces for each enclosed garage or bay area.
   (c)   Any motor vehicle that is being repaired shall not remain on the premises for more than ten days.
   (d)   No vehicle shall be dismantled unless said vehicle is being repaired inside the garage and said repair shall be accompanied by a repair order showing the description of the automobile, owner and the description of the work required.  A valid and current license plate shall be displayed on all vehicles.
   (e)   No vehicle parked on the property shall be dismantled for the purposes of selling, bartering, swapping or giving of any part or parts of said vehicle.
   (f)   No trucks with a capacity over one ton, buses, camping trailers, truck or trailers shall be permitted on the property at any time unless the said vehicles are being repaired in the garage.
   (g)   The premises shall be devoid of all rubbish, litter, debris, automobile parts, etc. in accordance with Chapter 941.
   (h)   There shall be trash containers of sufficient size and capacity to contain any and all wastes generated by the operation of business.
   (i)   The parking and drive area shall have a suitable cover to contain any mud that might be carried onto the roadway and shall have proper drainage.
   (j)   The site shall be sufficiently landscaped.
   (k)   The storage or the impounding of vehicles shall not be permitted pursuant to the conditions of this section. 
(Ord. 1995-100.  Passed 11-27-95.)
   1153.23  GASOLINE SERVICE STATIONS.
   (a)    Gasoline service stations shall conform to all setback requirements of the district in which they are permitted except that gasoline pump islands need not conform to the building setback lines but shall be setback from all road right-of-way lines at least twenty-five feet. Lubrication, washing and other incidental servicing of motor vehicles and all supply and merchandise storage shall be completely within an enclosed building except as provided elsewhere herein. Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare that would constitute a nuisance to any residential district or hazard to traffic on any public thoroughfare. Ingress and egress driveways shall be limited to two, shall not exceed thirty feet each in width, shall be separated from the intersection of any two road right-of-way lines by at least forty feet and from the intersection of any other property line with any road right-of-way line by at least ten feet. At least a six inch high pedestrian curb shall be installed where any service areas adjoin any road right-of-way lines, except at driveway approaches.
   (b)    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 not be closer than fifty feet to any road right-of-way.
   (c)    Not more than eight square feet of ground area may be used for the outdoor storage of discarded materials, automobile parts, scrap and other waste prior to their collection and subsequent disposal. Such storage areas shall be completely obscured from view from any point off the site by a masonry wall not less than five feet in height. Such storage area shall not be located between the principal building and any road right-of-way line and shall be made structurally a part of the principal building or shall be located a distance from the principal building not greater than ten feet.
   (d)    Notwithstanding any other provisions of this or other sections relating to development of gasoline service stations, no signs, product displays, parked vehicles or other obstructions which adversely affect visibility of intersections or at station driveways shall be permitted.
   (e)    The rental and storage of utility trailers and trucks offered for rent shall be permitted in conjunction with an automobile service station upon compliance with the following conditions:
      (1)    Storage areas for rental trailers and trucks shall conform to all building setback lines;
      (2)    Storage areas shall be screened from any abutting land zoned for residential purposes by fencing and/or landscaping in accordance with provisions of Section 1135.06;
      (3)    Storage areas shall be clearly separated from, and shall not interfere with areas approved on the site plan for vehicular circulation, automobile servicing and vehicular parking areas necessary and incidental to the primary purpose of the gasoline service station operation; and
      (4)    Storage areas shall be permitted only on paved portions of the site.
         (Ord. 1994-107. Passed 11-28-94.)
   1153.24 VETERINARY HOSPITALS OR CLINICS.
   Veterinary hospitals are conditionally permitted in the Business District provided such use is located in a building having adequate soundproofing and odor control. The boarding of animals shall be restricted to allow overnight lodging only as necessary for animals receiving medical attention.
(Ord. 1994-107. Passed 11-28-94.)
   1153.25  TOURIST HOMES.
   Tourist homes are conditionally permitted in the Business District in compliance with the following:
   (a)    Shall be converted dwellings only; no new principal structures shall be erected for that purpose.
   (b)    Shall be located on State or Federal marked routes.
   (c)    Shall not have ingress or egress to residential streets.
   (d)    Shall provide central facilities for collection and disposal of trash.
   (e)    Shall provide concrete sidewalks along public and private streets.
      (Ord. 1994-107. Passed 11-28-94.)
   1153.26  PARTY CENTERS.
   Party centers are conditionally permitted in the Business District. Any establishment serving alcoholic beverages for consumption on the premises shall be conducted totally within an enclosed building which shall be at least 100 feet from any residential district and shall be at least 500 feet from any place of worship or school. Parking shall be in compliance with the regulations set in Chapter 1155.
(Ord. 1994-107. Passed 11-28-94.)
   1153.27  REPAIR SERVICES FOR MACHINERY AND EQUIPMENT, INCLUDING REPAIR GARAGES AND SPECIALTY ESTABLISHMENTS SUCH AS MOTOR REPAIR, BODY AND FENDER REPAIR, RADIATOR  REPAIR, MOTOR TUNE-UPS MUFFLER SHOPS, TIRE REPAIR AND SALES.
   In the Business District, a service station including the above, is a conditionally permitted use and shall comply with the following:
   (a)    All activities take place inside the building.
   (b)    An auto service garage may be combined with a gasoline station provided the regulations for each use are maintained.
   (c)    If adjacent to any residential district, the hours of operation shall be between  7:00 a.m. and 10:00 p.m.
   (d)    No lighting will be permitted which creates a glare on any street or on any adjacent residential property.
   (e)    The sale or rental of recreational vehicles or utility trailers is prohibited.
   (f)    No extended storage of vehicles shall be permitted.
      (Ord. 1994-107. Passed 11-28-94.)
   1153.27.1 BED AND BREAKFAST.
   Bed and breakfasts may be located in an R-R District with the following conditions, and any other specific conditions imposed by the Planning Commission:
      (1)   The owner must reside at the site and provide proof of residency annually to the Zoning Inspector.
      (2)   A maximum of three guest units shall be permitted.
      (3)   Each facility shall have the following safety items:
         A.   Smoke alarms in each unit;
         B.   Two fire extinguishers, which shall be “abc” rating and one shall be located in the kitchen and one shall be located at main entrance/exit;
         C.   First-aid kit;
         D.   Emergency lighting and/or other safety devices as recommended by the Fire Chief.
      (4)   Food licensing shall be mandated by Ohio Revised Code.
      (5)   A minimum of one parking space shall be provided for each guest unit, in addition to two parking spaces for the owner-operator.
      (6)   The operator of the bed and breakfast facility must be the owner of record and hold no less than 50% interest in the property.
      (7)   An owner of a bed and breakfast shall be permitted to operate and maintain only one facility and hold one conditional use permit for such facility.
      (8)   Home occupancy must meet state health and safety requirements.
      (9)   Signage shall be subject to Section 1159.07(a).
      (10)   The same guest or group of registrants shall not stay at the facility for a period of more than seven consecutive days or more than fourteen total days within a given calendar year.
      (11)   Only the owner or owner’s immediate family shall be employed at the facility.
      (12)   Failure to comply with these conditions, the Ohio Revised Code, the State Health Department or other such agencies shall be cause for repeal of the conditional use permit.
         (Ord. 1995-25.  Passed 3-27-95.)
   1153.27.2 CREATIVE LAND USE.
   Creative land use is designed to encourage lots of varying sizes within a project:
   (a)   The minimum lot area shall be two-thirds acre.
   (b)   The minimum project size shall be one acre per unit and one unit per acre.
   (c)   The minimum lot width at the building line shall be 100 feet.
   (d)   The minimum front yard depth shall be forty-five feet.
   (e)   The minimum rear yard depth shall be fifty feet.
   (f)   The minimum side yard width shall be fifteen feet.
   (g)   The maximum building height shall be thirty-four feet.
   (h)   A homeowner’s association shall be created and shall become owner of the remaining green space.  All homes in the subdivision shall be members of the association.
   (i)   Unused or undeveloped land shall remain green space and be restricted by deed requirements as non-buildable in a recordable instrument approved as to form by the Law Director.  This green space could be used as parks, woodlands and gardens; however, it shall be non-commercial and non-profit and shall not have roadways or permit motorized traffic.
      (Ord. 1995-47.  Passed 5-22-95.)
   1153.28  IMPOUND MOTOR VEHICLE YARD.
   Impound motor vehicle yards are conditionally permitted in Industrial Research and Office Districts pursuant to Section 1139.02(b)(14) and are subject to the following conditions:
   (a)   Said lot shall front on any of the following streets:
      (1)   Crane Center Drive;
      (2)   W. Wason Drive;
      (3)   Miller Parkway;
      (4)   Wellman Road;
      (5)   Ellsworth Road;
      (6)   Philipp Parkway; and
      (7)   Mondial Parkway.
      (8)   Ethan Avenue.  (Ord. 2010-13.  Passed 2-22-10.)
   (b)   Notwithstanding Section 1139.04(a) through (c), a required yard shall be 150 feet in depth whenever contiguous to a F-P, O-C, R-R, R-1, R-2, R-3, T-1, R-PUD or that portion of R-O or C-R zoning district used for residential purposes.
   (c)   Notwithstanding Section 1139.06, at least the first 50 feet of any yard required by (b) above shall be open space landscaped and maintained so as to minimize undesirable visual effects generated by the impound yard and may not be used for any other purpose.  The balance of the yard area may be used as open space, employee picnic or recreation areas or employee and visitor parking, subject to conditions deemed appropriate by the City Planning Commission.  Any area used for employee and visitor parking shall have a hard surface such as asphalt or concrete.
   (d)   Notwithstanding Sections 1139.07 and 1151.23 any yard contiguous to F-P, O- C, R-R, R-1, R-2, R-3,  T-1, R-PUD or that portion of a R-P or C-R zoning district used for residential purposes shall have a solid opaque fence six feet in height placed along the yards required set back line or along the set back line establishing the minimum open space area by (c) above.
   (e)   That portion of a lot used for the impound area shall be completely enclosed with a solid fence six feet in height.  That portion of a fence not subject to paragraph (d) above shall be fenced pursuant to specifications appearing in Section 1151.23(b).
   (f)   Each storage space for an impounded vehicle shall be contiguous to a driving aisle.  No storage space may contain more than one impound motor vehicle.
   (g)   All lighting shall be arranged or baffled so as to direct and confine glare and direct illumination upon the subject property.
   (h)   Impound motor vehicles may not be dismantled, wrecked, sold, exchanged, traded, painted or given any body repair work.
   (i)   Impounded motor vehicles may be given engine, mechanical, electrical and similar repairs needed to allow inoperable cars to become operable.  The repairs contemplated by this section are minor repairs and do not include substantial or complete motor replacement.  All repairs shall be made within a building.
   (j)   Any impound motor vehicle which is totaled, substantially totaled or motorless, may not be stored in an impound motor vehicle yard more than thirty (30) days.  Such vehicles must be relocated to junk yards, salvage yards or automobile wrecking yards, whether or not such junk yards, salvage yards, or automobile wrecking yards exist in Streetsboro.
   (k)   An operator of impound motor vehicle yard must submit an inventory report to the City of Streetsboro’s Building and Zoning Inspector as frequently as the Building and Zoning Inspector may require, except that the Building and Zoning Inspector may not require the submission of said report any more frequently than once a month.  Said report shall be submitted on a form designed by the Building and Zoning Inspector.  Two copies of said form shall be given to the operator when the operator gets a zoning permit.  One copy shall be used by the operator to submit a first report.  The second copy shall be used by the operator to make copies to be used for subsequent reports.
   (l)   The Building and Zoning Inspector shall have the authority with the prior written consent of the Law Director, to promulgate rules and regulations reasonably necessary to administer monitoring the operation of said yards.
      (Ord. 1996-19.  Passed 1-22-96.)
   1153.29  REVOCATION HEARING.
   (a)    The Planning Commission may consider the revocation of a conditional use permit and special use permit in the event that it is found to be in violation of the requirements of these Codes and/or the conditions attached to the approval by the Planning Commission. Should revocation be considered, the Commission shall schedule a hearing in which to consider the revocation and shall notify the original applicant and/or project representative of the date, time and place of hearing at least twenty days in advance of the meeting by certified mail.
   (b)    In the event that the Commission decides to revoke approval, the occupancy permit shall not be issued until the Commission certifies that the violation(s) has been corrected.
   (c)    Where such violation involves a project where an occupancy permit has been issued, the violation shall be treated as a violation to this section and be subject to penalty as specified in Section 1107.11
(Ord. 1994-107. Passed 11-28-94.)
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