Council shall have authority to permit, by ordinance, the following uses of land or structures in any district, except as herein qualified and subject to the conditions and procedures set forth herein:
(a) Amusement park.
(b) Raising or keeping farm animals
(c) Cemetery or mausoleum.
(d) Churches.
(e) Commercial, recreational or amusement development for temporary or seasonal periods only.
(f) Development of natural resources, including the extraction of sand, gravel, fill dirt, topsoil and store.
(g) Drive-in theaters.
(h) Fraternity or Sorority House
(i) Gun clubs, country clubs or private or semi-private golf courses, and similar recreational clubs and organizations.
(j) Hospital or institution, provided that any hospital or institution authorized in any R District shall not occupy more than twenty percent of the total lot area, and shall be set back from all yard lines at least two feet for each foot of building height.
(k) Nursing home in any R District.
(l) Privately operated community building or recreation field and swimming pools, and community facilities owned and operated by neighborhood organizations.
(m) Public and government buildings.
(n) Radio or television broadcasting tower or station in R Districts.
(o) Plant nurseries and greenhouses in any R District.
(p) Day nurseries for preschool children in any R District and any B-1-B District.
(q) Commercial or industrial parking areas in R Districts adjacent to a business or industrial zoning district, according to the additional procedures and conditions of Chapter 1157.
(r) Mobile or manufactured home parks in R-3, R-4, B-1 and B-2 Districts
(s) Automobile service stations in the B-1, B-2, B-3 and B-4 Districts. Gasoline pumps and pump islands which are more than fifty feet from the boundary of a residential zoning district may be located within a required yard, provided they are more than fifteen feet from any street line.
(t) A charitable or public service organization chartered as a nonprofit corporation or organization by the State in any R District any B-I District or B-2 District. Any such facility located within any R District shall not encumber with structures more than twenty-five percent of the total area of the site and shall be set back from any required yard at least two such feet for each foot of height of that structure located nearest such line.
(u) Commercial motor truck terminal, truck repair station and/or garage and commercial parking lots and/or parking garage for commercial trucks exceeding 7,000 pounds net weight.
(v) Commercially operated transmission pipelines, located either above or below ground surface, and used for transferring such substances as:
(1) Petroleum derived substances;
(2) All other types of liquid organic substances;
(3) All types of liquefied gases;
(4) All noxious gases such as ammonia, chlorine, benzene, etc.;
(5) Coal slurries;
(6) Any substance having a pH of 3.0 or lower;
(7) Any substance having a pH of 12.0 or higher.
Excluded are local service lines installed to distribute natural gas to residential or commercial customers located within the City or having extensions into Sylvania Township.
(w) Sexually-oriented businesses subject to the following requirements:
(1) A sexually-oriented use shall not be permitted in any Zoning District other than the B-3 Central Business District.
(2) Because of relevant studies of sexually-oriented businesses which document the potential harmful secondary effects of sexually-oriented businesses, separation distances between sexually-oriented businesses and other sensitive land uses are deemed necessary. Secondary effects studies include those produced in many cities and states and cite the incidence of crime, and the adverse impacts on property values. Also, of concern is the potential that children could be exposed to sexually-oriented material. As a result of these considerations, a sexually-oriented business establishment shall not be located within 250 feet of any property that is zoned as a residential district (R-1, R-1-A, R-2, R-2-A, R-3, R-4), or from any property line associated with a publicly-owned park. Further, a sexually-oriented business may not locate within, 500 feet of the property line of an educational facility (elementary school, junior high school, high school, nursery school or preschool, vocational or trade school), place of religious worship or public library. A sexually-oriented business establishment shall also not be located within 1,000 feet of another existing sexually-oriented business establishment. All measurements referenced herein shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure where a sexually-oriented business establishment exists (or is proposed to be established), to the nearest property line of the specific uses referenced herein. For leased spaces in multi-tenant and/or multi-level properties, the measurements shall be from the outer boundaries of the entire building (projected to ground level, if applicable).
(3) No person shall knowingly allow a person less than 18 years of age on the premises of a sexually-oriented business.
(4) A sexually-oriented business which features persons who appear in a state of nudity or semi-nudity or live performances, shall not allow a patron to have any physical contact with any entertainer on the premises during any performance.
(5) Operations at any such center or establishment may not be conducted between hours of 2:30 a.m. and 5:30 a.m local time.
(6) No personnel at any such center or establishment involved in nude entertainment activities shall be permitted to prepare, handle or serve any food or beverage;
(7) Every such center and establishment must have a central fire alarm system incorporating both smoke detectors and heat sensors before commencing business. The proposed system must be approved by the Chief of the Fire Department before installation of same and after the installation the same must be approved by the Chief for proper performance, which proper performance must be maintained at all times thereafter;
(8) The center or establishment shall be open for inspection during all scheduled business hours by the Sylvania Zoning Administrator and Fire, Police, and Health Department Officers and/or Inspectors;
(9) Signs must conform to requirements defined in Chapter 1166 (Sign Regulations.) and no sign may depict images of specified sexual activities, or specified anatomical areas.
(10) The owner, operator, manager or proprietor of the center or establishment shall be responsible for immediately notifying the Sylvania City Police of any sexual, prostitution, homosexual, pandering or soliciting activity which may be in progress on or within the premises covered by such permit.
(11) Violation of any of the foregoing conditions shall constitute a zoning violation and each day or part thereof during which any such violation shall continue or occur shall constitute a separate violation. In addition to any penalty that may be assessed for such zoning violation and not in limitation thereof, the Special Use Permit shall be revoked by the Zoning Administrator.
(x) Solar panels (free standing) supported on racking systems or other structural elements permanently affixed to the ground.
(y) Vehicle painting and vehicle body repair in a B-2 District.
(z) Wind turbines as a special use in any non-residential district, subject to the following requirements:
(1) The maximum height of any turbine shall be 100 feet. The maximum height shall be considered the total height of the turbine system including the tower, and the maximum vertical height of the turbine's blades. Maximum height therefore shall be calculated by measuring the length of a prop at maximum vertical rotation to the base of the tower at grade.
(2) Any turbine erected on a parcel of land will need to establish a "clear fall zone" from all neighboring property lines and structures, as well as any structures on the parcel intended for the turbine. A turbine must be erected and placed in such a manner that if it were to fall, whatever direction the fall occurs would be contained solely on the property where the turbine is located, and would not strike any structures including the primary dwelling, and any accessory buildings or uses.
(3) The turbine, including the prop blades, turbine, cowling and tower shall be painted or coated white, gray or sky blue. Logos or other identification markers other than those of the manufacturer and model type shall not be permitted anywhere on the turbine.
(4) Wind turbines must be maintained in good working order. Turbines that become inoperable for more than six (6) months must be removed by the owner within thirty (30) days of issuance of a zoning violation. Removal includes removal of all apparatuses, supports, and/or other hardware associated with the existing turbine.
(5) Applicant shall provide the City with a report signed by an Professional Engineer, registered in the State of Ohio, illustrating the total size and height of the unit, the size and depth of the unit's concrete mounting pad, the decibel rating for that particular model, a list and/or depiction of all safety measures included such as anti-climb devices, grounding devices and lighting protection, data specifying the kilowatt size and generating capacity of the particular unit and a plan showing the location of the unit in relation to existing structures on the property, color of the unit, identifying logos on the unit, roads and other public rights of way and neighboring properties so that evidence of a "clear fall zone" can be illustrated.
(aa) Bed and Breakfast facilities in any R District only under the following conditions:
(1) Bed and Breakfast facilities shall be located only on the thoroughfares of Main Street, Summit Street, Brint Road, McCord Road, Erie Street, Harroun Road, and Monroe Street west of US 23.
(2) Each facility shall have the following safety items: Smoke alarms in each unit; 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; First-aid kit; Emergency lighting and/or other safety devices as recommended by the Fire Chief.
(3) No more than one meal shall be served to each paying guest of the bed and breakfast inn and that meal shall be breakfast.
(4) Food licensing shall be mandated by Ohio Revised Code.
(5) Home occupancy must meet state health and safety requirements.
(6) The same guest of 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.
(7) 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.
(bb) Tea house facilities in any R district only under the following conditions:
(1) Tea house facilities shall be located only on the thoroughfares of Main Street, Summit Street, Brint Road, McCord Road, Erie Street, Harroun Road, and Monroe Street west of US 23.
(2) The hours of operation shall be 10:00 a.m. to 4:00 p.m.
(3) Food licensing shall be mandated by the Ohio Revised Code.
(4) Each facility shall have the following safety items:
(5) Smoke alarms in each unit;
(6) 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;
(7) First-aid kit;
(8) Emergency lighting and/or other safety devices as recommended by the Fire Chief.
(9) 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. 55-2011. Passed 7-18-11.)
(cc) Adult Day Service Facility in R-3, R-4, B-1, B-1-B, B-2, B-3, B-4, M-1, M-2, Adult Day Service Facilities as defined in Sylvania Codified Ordinance Section 1101.261 and Ohio Administrative Code Chapter 173-39, may be granted a Special Use Permit for serving four or more adults so long as such use meets all applicable federal, state or local requirements including, but not limited to licensing, heath and safety regulations. Hours of operation shall be in accordance with the underlying zoning classification within which the Adult Day Service Facility is located. If none are provided, hours should be specified in the Special Use Permit Application. (Ord. 31-2017. Passed 8-21-17.)
(dd) Medical Marijuana Dispensary in M-1 and M-2 Districts.
(Ord. 21-2018. Passed 7-16-18.)