(1) Agriculture (Raising of Livestock), Riding Academies, or Stables
The following standards shall apply to any agriculture (raising of livestock), riding academies, or stables:
(a) The minimum lot area shall be 10 acres.
(b) All structures, pens, or corrals housing animals shall be set back a minimum of 200 feet from an adjoining lot line, except where animals are kept in soundproof air conditioned buildings, in which case the building shall be set back a minimum of 100 feet from an adjoining lot line.
(c) Fencing shall be provided to enclose any activities related to livestock, including grazing.
(d) Sanitation facilities and/or waste disposal shall be approved by the local health department.
(2) Adult Family Homes, Adult Group Homes, Small Residential Facilities, or Large Residential Facilities
The following standards shall apply to any adult family homes, adult group homes, small residential facilities, or large residential facilities:
(a) Facilities shall comply with all standards of the applicable zoning district including, but not limited to, setbacks, maximum height, signage, parking, architectural, open space, etc.
(b) In order to prevent the concentration of such facilities, no facility shall be located within 1,500 feet of any other adult family home, adult group home, small residential facility, or large residential facility, that existed prior to, on or before November 15, 1990.
(c) No signage, graphics, display, or other visual representation that is visible from a public street shall be used to identify the facility as anything other than a residence.
(3) Residential Service Homes
The following standards shall apply to any residential service homes:
(a) Submission Requirements
An applicant for a residential service home shall submit the following information as part of the special use application:
(i) Elevations and building configurations that demonstrate how the home will be compatible with the surrounding neighborhood in scale, height, use, and character;
(ii) Information sufficient to establish the need for the facility in the proposed location, in relationship to the specific clientele served;
(iii) Identification of all other known residential service homes, adult family homes, adult group homes, small residential facilities, or large residential facilities that exist with the city; and
(iv) The external services, programs and support systems offered by the appropriate social service, agencies and/or community facilities, along with the specific assistance/services provided for the clientele of the home. This information will be used to determine the level of activity at the home for purposes of determining compatibility with the surrounding neighborhood.
(b) Facility Requirements
(i) No exterior alteration of the structure shall be made which departs from the residential character of the building. All new structures prepared shall be of compatible residential design with the surrounding neighborhood, to the degree possible.
(ii) In order to prevent the concentration of such facilities, no residential service home shall be located within 1,500 feet of any other residential service home, adult family home, adult group home, small residential facility, or large residential facility.
(iii) The facility shall have 24-hour supervision consistent with pertinent supporting agency standards subject to review and final approval by the Planning Board.
(iv) Prior to the issuance of a final certificate of occupancy, the operator or agency shall provide evidence that a valid license has been issued or is obtainable for this proposed special use on the subject property. If licensing is not available, a verified affidavit so stating shall be presented.
(v) No signage, graphics, display, or other visual representation that is visible from a public street shall be used to identify the facility as a residential service home.
(c) Findings by the Planning Board
In its review of each proposed facility, the Planning Board shall make specific findings of fact relative to the following criteria. The proposed facility:
(i) Is licensed by the appropriate authority to provide such service within the state (and the city). If such licensing is not available, a certified affidavit so stating has been presented to document this statement;
(ii) Is in fact a needed facility in the location proposed, based upon evidence presented to the Planning Board;
(iii) Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing officially planned uses in the general vicinity and that such use will not change the essential character of the same area;
(iv) Will not be hazardous or disturbing to existing or officially planned future neighboring uses from the standpoint of noise, lights, congestion or traffic generation which would be incompatible with the neighborhood environment;
(v) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;
(vi) Will not involve uses, activities and conditions of operation that will be detrimental to any persons, property, or the general welfare; and
(vii) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.
(4) Skilled Nursing or Personal Care Facilities
The following standards shall apply to any skilled nursing or personal care facilities:
(a) The principal building shall be set back a minimum of 100 feet from any adjacent residential zoning district or residential lot.
(b) All other site development standards of the applicable zoning district shall apply to the site.
(c) The maximum density of these facilities varies based on the specific type of facility as established below:
(i) If the proposed facility includes an independent living component (no skilled or personal care services provided), the independent living component shall be limited to the uses and maximum density permitted by the applicable zoning district. In a nonresidential zoning district, that maximum density shall be 6 units per acre. In no case shall the independent living component comprise more than 50% of the dwelling units or rooms in the proposed development.
(ii) The maximum density of congregate housing or assisted living facilities shall be 10 units per acre in the R-3 and OS Districts and 20 units per acre in the GB and HB Districts, regardless if the unit is a complete dwelling unit with separate kitchen facilities.
(iii) All other facilities shall comply with the maximum height and setback requirements of the applicable zoning district and any conditions or requirements set forth as part of the special use approval.
(iv) The Planning Board may set maximum density or intensity requirements as part of the special use approval based on the density or character of surrounding uses.
(d) The proposed use shall be located along an arterial or collector street, as defined by the City Engineer.
(e) Prior to the issuance of a final certificate of occupancy, the operator or agency shall provide evidence that a valid license has been issued or is obtainable for this proposed special use on the subject property. If licensing is not available, a verified affidavit so stating shall be presented.
(5) Conversion of Dwelling into Additional Dwelling Units
A dwelling or building shall not be converted to accommodate an increased number of dwelling units unless:
(a) The applicable zoning district allows for the proposed number of dwelling units per structure;
(b) The proposed use complies with all applicable standards of this code; and
(c) The conversion is in compliance with all other relevant codes and resolutions.
(6) Multi-Family Dwellings
The following standards shall apply to any multi-family dwellings:
(a) Multi-Family Dwellings in the CC District
(i) Multi-family dwellings are permitted on the upper floors of buildings in the CC district.
(ii) No common open space shall be required.
(b) Multi-Family Dwellings in All Other Districts
(i) All multi-family dwellings shall be located on a lot that provides common usable open space for all tenants.
(ii) Common usable open space shall be provided at a rate of 500 square feet for each dwelling unit.
(iii) Common usable open space shall not include any areas used for storage, accessory buildings, parking, vehicular circulation, or other similar areas as determined by the Zoning Administrator.
(iv) Only areas with a minimum dimension of 20 feet in all direction shall qualify for computation as usable open space.
(7) Narrow Lot Developments
Subdivisions that include narrower lots than otherwise required in the applicable zoning district may be approved with a special use approval by the Planning Board provided the development complies with the following:
(a) The applicant receives a special use approval by the Planning Board prior to initiating the subdivision platting and recording process.
(b) The special use approval shall provide a preliminary approval to proceed with platting and recording lots that comply with the site development standards established for such uses in § 154.04(H)(3).
(c) No preliminary plat will be approved by the Planning Board for a narrow lot development without prior approval of such development as a special use.
(d) After the subdivision is recorded, a zoning permit shall still be required for each single family dwelling unit that is to be constructed. Such dwelling shall be required to comply with the applicable standards of this subsection and any other standards for single family dwellings established in this code.
(e) Single family dwellings shall be the only permitted principal use in a narrow lot development.
(f) If the single family dwellings are to have front-loading garages (access from the public street), the width of the garage façade shall not occupy over 60% of the width of the entire front façade of the principal building. Dwellings with garages that have alley access shall be exempt from this requirement. See Figure 154.04-A.
(g) The Planning Board may require larger setbacks for lots that are adjacent to other subdivisions outside of the proposed narrow lot development.
(8) Single Family Dwellings
Single family dwellings in the CD District shall only be located on lots with a minimum lot area of 10 acres.
(9) Zero Lot Line Dwellings
The following standards shall apply to any zero lot line dwellings:
(a) The minimum lot area shall be 5,500 square feet per dwelling.
(b) The minimum lot width shall be 40 feet.
(c) The dwelling shall be set back a minimum of 25 feet from the street right-of-way line regardless of whether the front yard setback is part of an individual lot or part of the common open space.
(d) There shall be a minimum separation distance of 20 feet between all principal buildings as measured from the exterior side of the buildings' façade.
(e) No more than 75% of the lot shall be covered by the principal building, all accessory structures, and pavement.
(f) The Planning Board shall review the elevations of the dwellings to ensure that each dwelling has adequate privacy based on the location of windows and doors as it relates to adjacent buildings.
(g) Where a zero lot line dwelling is constructed along a lot that is not part of the development or not owned by the same owner, the applicant shall be required to obtain a 5 foot wide perpetual wall maintenance easement along the adjacent lot and parallel with such wall.
(10) Sexually Oriented Businesses
The following standards shall apply to any sexually oriented business:
(a) A sexually oriented business shall be set back a minimum of 1,000 feet from any area zoned as a residential district or zoned for residential use.
(b) A sexually oriented business shall be set back a minimum of 1,000 feet from any nursery school, day care, educational institution (K-12), or cultural institution, whether public or private, governmental, religious or commercial, where such use is attended by persons that are younger than 18 years of age.
(c) A sexually oriented business shall be set back a minimum of 1,000 feet from any active parks, playgrounds, and ball field.
(d) A sexually orientated business shall be set back a minimum of 1,000 feet from any other sexually oriented business and 1,000 feet from any 2 of the following establishments:
(i) Any business authorized to sell beer or intoxicating liquor for consumption on the premises;
(ii) Pawn shops;
(iii) Pool or billiard halls;
(iv) Uses designed to attract minors (e.g., video game arcades, parks, amusement rides, etc.); and
(v) Night clubs.
(e) A sexually oriented business shall be set back a minimum of 1,000 feet from any religious place of worship.
(f) A sexually oriented business shall be set back a minimum of 750 feet from the right-of-way of any divided, limited access highway including but not limited to applicable portions of Interstate 75.
(g) Advertisements, displays or other promotional materials posted or displayed at a sexually oriented business shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from any other public area. This prohibition shall not apply to the signage permitted in accordance with Section 154.11: Sign Standards.
(h) All building openings, entries, doorways, windows, and the like, at any sexually oriented business shall be located, covered, or screened in such a manner as to prevent any view into the interior of any such sexually oriented business from the exterior of the structure of any public area.
(i) No screens, loudspeakers or sound equipment shall be used by a sexually oriented business that can be seen or discerned by the public from any public area.
(j) Any site plan or zoning compliance permit application shall include maps and other information that graphically demonstrates compliance with the location requirements set forth herein, and compliance with all setback, landscaping, screening, parking, loading, signage, yard, and structural requirements of the applicable zoning district.
(k) Whether the location of a sexually oriented business satisfies the criteria of this chapter shall be determined by measuring the straight-line distance, without regard for intervening structures, from the closest exterior structural wall or section of wall enclosing the sexually oriented business to the nearest lot line of the other use in question.
(11) Kennels and Animal Boarding
The following standards shall apply to any kennel or any animal boarding activities:
(a) Care and boarding of animals shall be limited to small animals and may not include cattle, horses, swine, or other similarly sized animals, except in the CD District.
(b) All activities other than off-street parking and loading/unloading shall be conducted within a fully enclosed structure. Outdoor runs or activity areas shall be permitted in the LI, GB and HB Districts where the area of the outdoor run is set back a minimum of 200 feet from any residential zoning district.
(c) Structures shall be designed and maintained in a manner to prevent the development of unsanitary conditions that could result in unpleasant odor or vermin nuisance.
(d) Rooms intended to accommodate animals shall be insulated, or otherwise soundproofed and vented so that animal noises will not be audible at any point on the perimeter of the property.
(e) A solid wood fence or masonry wall with a minimum height of 6 feet shall be constructed where a kennel or animal board facility is located adjacent to a residential zoning district.
(12) Veterinarian Offices (No Boarding)
The following standards shall apply to any veterinarian offices that do not have overnight boarding:
(a) The care of animals in veterinarian offices shall be limited to small animals and may not include cattle, horses, swine, or other similarly sized animals, except in the CD District.
(b) All activities, other than off-street parking and loading/unloading, shall be conducted within a fully enclosed structure.
(c) Outdoor runs shall be prohibited.
(d) Boarding of animals shall be prohibited with the exception that a veterinarian office may have provisions for limited overnight stays necessary for the care of sick or injured animals.
(e) Rooms intended for the care or grooming of animals shall be insulated, or otherwise soundproofed and vented so that animal noises will not be audible at any point on the perimeter of the property.
(13) Bars, Taverns, and Night Clubs
The following standards shall apply to any bar, tavern, or night club:
(a) The principal building shall be set back a minimum of 35 feet from any adjacent residential lot.
(b) New uses shall be set back a minimum of 500 feet from any public or institutional use. Such setback requirement shall not apply to restaurants that have a bar or tavern that comprises less than 50% of the floor area.
(c) Outdoor speakers shall be prohibited in the CC District. Outdoor entertainment shall be subject to the city's noise ordinance.
(d) Any outdoor dining shall be subject to the applicable provisions of § 154.06(A).
(14) Drive-In Restaurants
The following standards shall apply to any drive-in restaurant:
(a) All driveways shall be set back a minimum of 100 feet from the intersection of 2 arterial roads or 50 feet from the intersection of an arterial road and any other street, as determined by the City Engineer.
(b) If the drive-in restaurant has a drive-through service, such facility shall also comply with the drive-through standards of § 154.06(A).
(c) All buildings, structures, parking, and vehicular circulation areas shall be set back a minimum of 50 feet from any lot line that abuts a residential zoning district.
(15) Commercial Recreation Facilities (Indoors)
The following standards shall apply to any indoor commercial recreation facilities:
(a) All activities related to the principal use, except parking, shall be located within an enclosed building.
(b) All structures shall be set back a minimum of 50 feet from all lot lines and street rights-of-way.
(c) When located adjacent to a residential lot, there shall be a solid fence or masonry wall that is at least 6 feet in height that shall be located along the lot line adjacent to the residential use.
(d) New uses shall be located along an arterial or collector street, as defined by the City Engineer. Access shall not be provided from a street that primarily serves a residential neighborhood.
(16) Commercial Recreation Facilities (Outdoors)
The following standards shall apply to any outdoor commercial recreation facilities:
(a) All structures shall be set back a minimum of 100 feet from all lot lines and street rights-of-way.
(b) When located adjacent to a residential lot, there shall be a solid fence or masonry wall that is at least 6 feet in height that shall be located along the lot line adjacent to the residential use.
(c) The Planning Board may require portions of the site with high activity areas to be enclosed by a fence having a minimum height of 6 feet.
(d) New uses shall be located along an arterial or collector street, as defined by the City Engineer. Access shall not be provided from a street that primarily serves a residential neighborhood.
(17) Community Centers, Theaters, Cultural Institutions, and Religious Places of Worship
The following standards shall apply to any community center, theater, cultural institution, or religious place of worship:
(a) New uses shall be located along an arterial or collector street, as defined by the City Engineer.
(b) All activities related to the principal use, except parking, shall be located within an enclosed building unless outside activities are approved as a permitted accessory use or if the proposed activity is allowed in the applicable zoning district and it meets all the required standards.
(18) Automated Teller Machines (ATMs)
The following standards shall apply to any ATM:
(a) ATMs are permitted when attached to a principal building or as a stand-alone unit. ATMs are only permitted in the CC District if they are attached to the principal building (i.e., walk-up ATM).
(b) ATMs that are part of a drive-through facility shall be located in the side or rear yard.
(c) ATMs that are built into the side of the principal building and are designed for walk-up customers may be located on any façade and in any yard.
(d) No part of an ATM structure shall exceed 15 feet in height unless the ATM is built into the side of the principal building.
(e) ATMs shall be set back a minimum of 50 feet from any adjacent lot that is in a residential zoning district and 20 feet from all other lot lines.
(f) ATMs that are designed for drive up service by customers in a vehicle shall be subject to the requirements of Section § 154.06(A)(4)(h).
(19) Medical or Dental Clinics/Offices and 24-Hour Urgent Care
The following standards shall apply to any medical or dental clinic/office or 24-hour urgent care establishment:
(a) Such uses may include accessory services such as laboratories and pharmacies for the use of patients visiting medical practitioners in the clinic.
(b) All such accessory services shall be located wholly within the building and shall not include a separate entrance.
(c) The hours during which these services are provided shall be the same as those during which medical practitioners are receiving patients.
(20) Funeral Homes and Mortuaries
The following standards shall apply to any funeral homes or mortuaries:
(a) All hearses, limousines, and other related business vehicles shall be stored within an enclosed building when not in use.
(b) The required number of off-street parking spaces shall be designed in parallel aisles so as to facilitate the structuring of funeral processions that leave from the funeral home site to travel to the cemetery.
(c) The principal building and any accessory structure used in conjunction with the typical activities of a funeral home or mortuary shall be set back a minimum of 50 feet from any adjacent residential lot line.
(21) Bed and Breakfast Establishments
The following standards shall apply to any bed and breakfast establishments:
(a) The operator of the bed and breakfast establishment shall reside on the property.
(b) The establishment shall conform to state health and building code requirements and shall show proof of inspection or proof of proper operating licenses by the state and/or county prior to the issuance of the certificate of occupancy.
(c) Only overnight guests shall be served meals unless otherwise authorized as part of the special use approval.
(d) The facility shall be limited to no more than 4 guestrooms with a maximum guest capacity as determined by fire and building regulations.
(e) No external vending machines shall be allowed.
(22) Hotels and Motels
The following standards shall apply to any hotel or motel:
(a) When located adjacent to a residential lot, there shall be a solid fence or masonry wall that is at least 6 feet in height that shall be located along the lot line adjacent to the residential use.
(b) The proposed use shall be located along an arterial or collector street, as defined by the City Engineer.
(23) Automotive Junk Yard or Salvage Center
The following standards shall apply to any automotive junk yard or salvage center:
(a) There shall be a minimum lot area of 10 acres.
(b) All aspects of a junk yard or salvage center shall conform to applicable state and federal regulations
(c) Any structures associated with the use, with the exception of fencing, shall be set back a minimum of 250 feet from the lot line of any adjacent residential lot line.
(d) Exterior junk piles or storage of materials shall not exceed 15 feet in height and shall be arranged in a manner (with drives for accessibility) for fire protection purposes.
(e) No burning of junk or other materials shall be permitted.
(f) The area of the site where junk or vehicles are stored must be enclosed by a fence with a minimum height of 8 feet with the exception of entrances or exits into the area.
Such fence shall be designed to completely screen the use. Such fencing may be incorporated into the screening required by Section 154.09: Landscaping Standards.
(24) Automotive Repair (Heavy)
The following standards shall apply to any automotive repair (heavy):
(a) A heavy automotive repair establishment shall be subject to the same requirements as an automotive service station as established in § 154.04(G)(25).
(b) The storage of non-operational vehicles for longer than 1 week shall be permitted if stored in the rear yard and screened by a solid wall or fence with a minimum height of 6 feet.
(c) The principal building shall be set back a minimum of 100 feet from any adjacent residential lot. Parking for the storage of vehicles, whether operational or non- operational, shall be set back a minimum of 50 feet from any adjacent residential lot.
(25) Automotive Service Stations, Parts Sales, and Automotive Fuel Sales
The following standards shall apply to any automotive service stations, parts sale, or automotive fuel sales:
(a) Lot Area and Setback Requirements
(i) The principal building shall be set back a minimum of 40 feet from the front lot line. In no case shall the front yard setback be smaller than that required by the applicable zoning district.
(ii) Fuel pumps shall be set back a minimum of 20 feet from all lot lines and 50 feet from all adjacent residential lot lines.
(iii) Canopies shall be set back a minimum of 10 feet from all lot lines and 25 feet from all adjacent residential lot lines.
(b) All hydraulic hoists, oil pits, and all lubricants, greasing, vehicle washing and repair equipment shall be enclosed entirely within a building. No outdoor disassembly or repair of motor vehicles shall be permitted.
(c) Activities shall be limited to:
(i) The sale of automotive fuel;
(ii) The servicing of motor vehicles with minor repair work;
(iii) Hand washing of vehicles within an enclosed building;
(iv) The retail sale of vehicle parts and products relating to minor repair work such as, but not limited to, oil, grease, antifreeze, batteries, windshield wipers, etc.
(d) Space for overnight parking, overnight accommodations, or the inclusion of showers within the building shall be prohibited.
(e) Any major repair work, including automobile body repair and painting, automobile glass work, automobile transmission work, automobile engine overhaul and repair, and radiator repair work shall be classified as "automotive repair (heavy)" and shall be subject to § 154.04(G)(24).
(f) Vehicles being serviced or awaiting same shall be stored for no longer than 7 days on the site if in unenclosed areas.
(g) Any removal of pumps or tanks shall be undertaken in accordance with safe accepted practices as prescribed by the National Fire Protection Association and filling depressions to the grade level of the lot.
(h) The maximum width of any driveway shall be 30 feet as measured at the lot line.
(i) There shall be no more than 2 driveway openings along any frontage. The spacing of multiple driveways shall be in accordance with § 154.10(F).
(j) The storage and disposal of solid waste and recyclable materials, including used or discarded motor vehicle parts or equipment, and fluids, shall comply with all applicable federal, state, and local requirements.
(k) Outdoor solid waste and recyclable storage areas shall be screened in accordance with § 154.09(G).
(26) Vehicle Washing Establishments
The following standards shall apply to any vehicle washing establishment:
(a) All structures shall be set back a minimum of 50 feet from any adjacent residential lot line. Any self-service washing establish- ment or portion of a building used for self- service washing shall be set back a minimum of 150 feet from any adjacent residential lot line.
(b) Vacuuming and/or steam cleaning equip- ment may be located outside, but shall not be placed in the yard adjoining a residential zoning district. Such areas shall be set back a minimum of 150 feet from any adjacent residential lot line.
(c) Mechanical drying equipment and/or hand drying of motor vehicles must be performed on the premises.
(d) An exit driveway of not less than 40 feet in length shall be provided between the exit doors and the street. Such driveway shall comply with the surfacing requirements of § 154.10(C)(5)(f).
(e) The use shall be subject to the stacking space requirements of § 154.10(C)(6).
(f) The proposed use shall be located along an arterial or a major collector street, as defined by the City Engineer.
(27) Building Materials Sales Yards and Contractor Yards
The following standards shall apply to any building material sales yards and contractor yards:
(a) The proposed use shall be located along an arterial or a major collector street, as defined by the City Engineer.
(b) All outdoor storage areas shall comply with the outdoor storage requirements of § 154.06(A).
(28) Business and Industrial Sales/Service Establishments
Any retail sales (i.e., sales or services to walk-in customers) shall be limited to an area that does not exceed10 percent of the gross floor area.
(29) Chemical Processing or Manufacturing
The following standards shall apply to any chemical processing or manufacturing:
(a) As part of any review, the applicant shall provide the city a list of any noxious matter or chemicals used during the manufacturing process and document the safety precautions that will be used to prevent potentially hazardous chemical reactions or contamination.
(b) If the applicant can demonstrate that due to the specific types of chemicals, material, or processes, that there is no potential for hazardous reactions or contaminate, the Zoning Administrator shall have the authority to review the use as a "light manufacturing and assembly use" or as a "heavy manufacturing facility."
(30) Self-Storage Facilities
The following standards shall apply to self-storage facilities:
(a) All storage buildings shall be set back a minimum of 50 feet from any adjacent residential lot line and 20 feet from all other lot lines.
(c) Outdoor storage may be permitted provided it complies with § 154.06(A).
(d) No automotive fuel pumps or tanks shall be permitted on the premises.
(31) Soil and Mineral Extraction Activities
The following standards shall apply to all soil removal or mineral extraction activities:
(a) The applicant shall be responsible for receiving approval of all applicable permits from the state, federal government, and/or county, where applicable, prior to the Planning Board reviewing the special use application. If city approval is required prior to the issuance of another permit, the Planning Board may approve the special use permit with conditions that prevent the issuance of a zoning permit until all permits are approved.
(b) The special use application shall be reviewed at a public hearing of the Planning Board with notice given in accordance with § 154.03(B)(8).
(c) The applicant must demonstrate that such operations will not be detrimental to the vicinity or surrounding properties.
(d) All equipment used in these operations shall be constructed, maintained, and operated in such a manner as to eliminate so far as practical, noise, vibration, or dust which would injure or be a nuisance to persons living in the vicinity.
(e) All structures and activity areas shall be set back a minimum of 100 feet from all lot lines and street rights-of-way.
(f) Such uses shall be enclosed by a fence 6 feet or more in height for the entire periphery of the development. Fences shall be adequate to prevent trespassing and shall be placed no closer than 50 feet to the top or bottom of any slope. No sand or gravel shall be removed or stored or overburden stored within 100 feet of any lot line not owned or controlled by the developer or operator of said business or his agent nor shall such mineral extraction business be conducted closer to any lot line or street so that the area contiguous or adjacent thereto does not have adequate lateral support.
(g) All work conducted in connection with such operations shall be done between the hours of 7:30 a.m. and 5:00 p.m.
(h) No rehabilitated slope shall exceed an angle of 45 degrees.
(i) All areas within any single development shall be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous, and blended with the general surrounding ground form so as to appear reasonably natural. Areas shall be completely and continually drained of water when not in use or not supervised by a watchman. All slopes and banks shall be reasonably graded and treated to prevent erosion or any other potential deterioration. Such operations shall be conducted so as not to leave or cause soil banks to exist.
(j) All equipment and structures shall be removed from the mined area when all mining has been completed.
(k) Truck routes shall be established for movement in and out of the development in such a way that it will minimize the wear on public streets and prevent hazards and damage to other properties in the community.
(l) There shall be filed with the City Clerk, a bond, payable to the city and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The rate of the required bond shall be fixed by ordinance of the City Council. The bond shall be released upon written certification of the Zoning Administrator that the restoration is completed and in compliance with the restoration plan.
(m) Extraction activities located within a WP Overlay District shall also be in compliance with § 154.05(E).
(32) Active Parks, Playgrounds, and Ball Fields
The following standards shall apply to any active parks, playgrounds, or ball fields:
(a) All ball fields, playgrounds, and other areas of the park where there is significant activity and potential noise shall be set back a minimum of 100 feet from all adjacent residential lot lines.
(b) For golf courses, all greens and fairways shall be set back a minimum of 150 feet from all adjacent residential lot lines as measured from the centerline of the green or fairway.
(c) Only retail uses that 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.
(33) Utility Structures
The following standards shall apply to any utility structure:
(a) Utility structures, to the maximum extent feasible, shall be located to the rear or side of lots.
(b) If the applicant demonstrates to the Planning Board that the utility structure can only be located in a front yard, the structure shall be landscaped in a manner that will allow access to the unit but otherwise buffer the view of the structure. The applicant shall be required to provide a landscaping plan as part of the subject application.
(c) Utility structures in the LI and GI districts shall not be subject to this screening requirement.
(34) Cemeteries
The following standards shall apply to any cemetery:
(a) The minimum lot area shall be 20 acres.
(b) Offices, crematoriums, mausoleums, and other buildings or structures necessary to the operation of a cemetery shall be permitted as accessory use to a cemetery.
(c) New cemeteries shall be located along a collector street, as defined by the City Engineer, or a street with a higher classification.
(d) All buildings and structures shall be set back a minimum of 50 feet from all lot lines. Burial plots, markers, and similar structures that have a height of less than 15 feet shall only have to be set back a minimum of 30 feet from all lot lines.
(e) Mausoleums or crematoriums shall be set back a minimum of 200 feet from adjacent lot lines and street right-of-way lines.
(f) The entire lot shall be enclosed with an ornamental fence, wall or compact planting barrier. Such fence, wall, or planting barrier shall be at least 4feet in height and shall contain the same amount of landscaping as required for Buffer Type C (Light) in § 154.09(E).
(35) Educational Institutions (All Types)
The following standards shall apply to any educational institution:
(a) All building shall be set back a minimum of 50 feet from all street right-of-way lines and adjoining lot lines.
(b) The Planning Board may waive the setback requirement if the applicant is proposing to occupy an existing building in the LD District.
(c) New educational institution buildings shall be located along an arterial or a collector street, as defined by the City Engineer.
(36) Fraternal, Charitable, and Service Oriented Clubs
The following standards shall apply to any fraternal, charitable, or service oriented clubs:
(a) Accessory uses necessary to the operation of such use, such as clubhouses, restaurants, bars, swimming pools and similar activities, shall be permitted if they comply with the applicable standards however, such uses where the conduct of business is the principal activity, shall be prohibited.
(b) New fraternal, charitable, and service oriented clubs shall be located along an arterial or collector street, as defined by the City Engineer.
(37) Institutions for Human Medical Care
The following standards shall apply to any institutions for human medical care:
(a) The minimum street frontage shall be 200 feet.
(b) All structures and activity areas shall be set back a minimum of 50 feet from all lot lines and street rights-of-way.
(c) New hospitals shall be located along an arterial street, as defined by the City Engineer.
(d) Helipads may be permitted on the site if the application demonstrates that the setbacks and location of such helipad are so located as to minimize noise and wind impacts on adjacent residential uses or residentially zoned land.
(38) Nursery Schools or Day Care Centers (Children or Adults)
The following standards shall apply to any nursery schools or day care centers:
(a) For nursery schools or child day care centers, there shall be a minimum of 50 square feet of fenced outdoor play area per child at maximum occupancy.
(b) All outdoor play areas shall be enclosed by a fence or wall with a minimum height of 5 feet. If the lot abuts a lot that is in a residential zoning district, the fence or wall shall be a minimum of 6 feet tall with a continuous evergreen screen adjacent to the residentially zoned lot.
(c) An on-site drop-off area shall be provided at the main entrance to the facility sufficient to accommodate 4 automobiles for facilities with 20 or fewer children or adults plus 1 additional vehicle for each additional 10 children or adults served.
(d) The proposed use shall be located along an arterial or collector street, as defined by the City Engineer.
(e) Use of outdoor play areas shall be limited to between the hours of 8:00 a.m. and 8:00 p.m.
(f) The Zoning Administrator has the power to require additional fencing, screening and/or other measures deemed necessary to protect the health, safety and welfare of children using day care centers in commercial, industrial, or other high hazard areas, or to deny a request to locate a facility in such areas based on health and safety considerations.
(39) Vertical Mixed Use Buildings
The following standards shall apply to any vertical mixed use buildings:
(a) Residential dwellings are permitted within vertical mixed use buildings when located above the first floor.
(b) All other use types within the following use categories may be permitted on all floors of the building provided the use type is allowed in the zoning district and the use type complies with all applicable standards:
(i) Eating and drinking establishments;
(ii) Indoor recreation and entertainment;
(iii) Offices;
(iv) Retail sales and service; and
(v) Tourism.
(c) Use types shall be permitted in the manner specified in Table 154.04-2.
(d) Offices may be located on the ground or first floor but shall not alter the building in any manner as to eliminate the commercial character of the building or to cover any door or window openings on the ground or first floor.
(e) Areas for the collection and storage of refuse and recyclable materials shall be located on areas of the site that are convenient for both the residential and nonresidential uses. For new vertical mixed-use buildings, such areas shall not be located in front of the building.
(f) For new vertical mixed use buildings in the GB or HB Districts, the following standards shall apply:
(i) The design of the site layout shall ensure that the residential units have privacy from other uses on the same or adjacent site.
(ii) The use of shared parking provisions shall be incorporated into mixed-use projects in compliance with § 154.10(C)(4)(f).
(iii) Commercial loading areas shall be located away from residential units and shall be screened from view.
(iv) Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and nonresidential uses.
(v) A mixed-use project shall be designed to provide residential units with public or private outdoor space, which may be in the form of roof gardens or individual balconies, or other means acceptable to the Planning Board.
(40) Parking Garages
The following standards shall apply to any parking garage:
(a) Below-grade parking garages are encouraged over above-grade garages.
(b) Above grade garages are subject to the following architectural standards except if they are not visible from a public right-of-way:
(i) Parking garages shall meet the architectural standards established for the applicable zoning district.
(ii) Parking garages shall be constructed of materials of similar quality to the principal buildings on the site.
(c) The façades of parking garages that face public streets and are not occupied by commercial, office, institutional, public uses, or civic uses shall be articulated through the use of 3 or more of the following architectural features to make the parking garage appear similar in character to an occupied building:
(i) Windows or window-shaped openings with decorative mesh or similar features as approved by the city;
(ii) Masonry columns;
(iii) Decorative wall insets or projections;
(iv) Awnings;
(v) Changes in color or texture of materials;
(vi) Integrated landscape planters; or
(vii) Other similar features approved by the city.
(d) Vehicle entries to off-street parking garages shall be integrated into the placement and design of adjacent buildings or oriented away from the primary street frontage. At a minimum, parking garages shall have user vehicles access from locations that minimize conflicts with pedestrian circulation.
(41) Public Impound Lots
The following standards shall apply to any public impound lot:
(a) The public impound lot shall be owned and operated by the municipality.
(b) The public impound lot shall be effectively screened from any residentially zoned property by means of a masonry wall, earthen mound, opaque fence, or landscaping all of which shall be not less than 6 feet high.
(c) Vehicles stored in the public impound lot shall be located on a hard surface of asphalt or Portland cement concrete.
(42) Food Trucks
The following standards shall apply to any food truck:
(a) No person may operate a food truck in the City of Tipp City without a food truck permit issued by the city.
(b) The food truck vendor must obtain expressed written consent of the property owner to locate/operate a food truck on private property.
(i) The written consent must be kept in the food truck at all times that the food truck is on the property.
(c) Food trucks and vendor locations will be maintained in a clean and sanitary condition at all times.
(i) The food truck vendor is responsible for the proper disposal of waste and trash associated with operation.
(ii) Vendors will remove all waste and trash from their location at the end of each day and as needed to maintain cleanliness.
(d) Electric, gas, and water will be self-contained within the food truck.
(e) One temporary sidewalk sign is permitted in accordance with § 154.11(K)(5).
(f) The food truck vendor shall obtain all other required state and local permits (ex. Health Department, Fire Department).
(g) The operation of food trucks are prohibited on Main Street between First Street and the CSX railroad tracks, with the exception that during approved and/or sanctioned downtown events, food trucks can operate anywhere on Main Street.
(Ord. 5-14, passed 3-17-2014; Am. Ord. 6-17, passed 3-6-2017; Am. Ord. 35-17, passed 12-4- 2017; Am. Ord. 9-19, passed 4-15-2019; Am. Ord. 20-19, passed 8-19-2019)