In addition to the general standards and conditions set forth above, the responsible public agency or owner shall be guided by the following special standards and considerations in relation to an application for a conditional use permit for any of the following uses:
(a) Car Washes.
(1) All washing facilities shall be in an enclosed building.
(2) Vacuuming facilities may be located outside the building but shall not be placed in any front yard or side yard.
(3) All parking areas and access driveways shall be improved with a durable dustless surface consisting of either asphalt or concrete.
(4) Water from the washing process shall not be allowed to drain from the lot containing such a business.
(5) One off-street parking space shall be provided for each employee.
(6) All car wash buildings shall be set back at least 120 feet from the edge of the future right of way.
(b) Automotive Filling and Service Stations.
(1) Such stations shall not be permitted to be constructed whenever two or more service stations are already in existence at a particular intersection.
(2) No outdoor storage of rental trucks or trailers shall be permitted.
(3) The sale of merchandise not commonly associated with the sale of gasoline and accessory products shall be specifically prohibited outside the principal building.
(4) Such stations shall have a minimum lot size of 15,000 square feet, and a minimum of 125 feet of lot frontage.
(5) Such stations shall not be permitted to have an entrance or exit within fifty feet of an intersecting major thoroughfare.
(6) With the exception of landscaped areas, the entire lot area of such stations shall be improved with a durable, dustless surface consisting of either asphalt or concrete.
(7) Such stations shall be permitted only where they will not be a nuisance to residences and other surrounding land uses.
(8) Such stations shall be permitted only where they will not be the cause of additional traffic hazards or undue congestion.
(9) Canopies shall be permitted to be attached to or free from the main building of a gasoline filling or service station only when it has been demonstrated that such structures will be consistent with the prevailing architectural style.
(10) Canopies shall not be permitted to be constructed closer than twenty-five feet from front and side property lines.
(c) Bed and Breakfast. Bed and Breakfast operations shall be subject to the following regulations:
(1) One small, unlighted announcement sign not exceeding three square feet in area may be attached to and parallel with the front porch or wall of the building.
(2) One parking space per guestroom plus two spaces for residence. Spaces shall be located to the side and/or rear of the building and shall be screened from adjacent properties by a four-foot high wood or masonry fence or by sight- obscuring vegetation of the same height.
(3) The only meal to be provided guests shall be breakfast, and it shall only be served to guests taking lodging in the facility.
(4) Rooms used for sleeping shall be part of the primary residential structure and shall not have been specifically constructed for rental purposes.
(5) The owner(s) or a member of the owner’s family shall reside on the premises.
(6) Individual guests may not stay at the facility for more than fourteen (14) days in any one-year period.
(d) Convenience Retail Stores: Gasoline Filling Businesses.
(1) The minimum lot size for establishing such a business shall be 30,000 square feet.
(2) Such businesses shall have a minimum lot frontage of 150 feet.
(3) The minimum building setback for such a business shall be 100 feet from the edge of the future right of way.
(4) The minimum gasoline pump island setback for such a business shall be thirty feet from the edge of the future right of way.
(5) The minimum distance between the gasoline-pump island and the convenience retail store building shall be sixty-five feet.
(6) Such businesses shall be permitted to have only one gasoline pump island which contains a maximum of four gasoline pumps.
(7) Such businesses shall not be permitted to have an entrance or an exit within fifty feet of an intersection.
(8) Loading and unloading areas shall be confined to the side and/or rear of the convenience retail store - gasoline filling business.
(9) With the exception of landscaped areas, the entire lot of such businesses shall be improved with a durable dustless surface consisting of either asphalt or concrete.
(10) Such businesses shall be required to demonstrate that a public need clearly exists as a basis for their establishment.
(11) Such businesses shall be permitted only where they will not be the cause of additional traffic hazards or undue congestion.
(12) Such businesses shall not be permitted to establish either vacuuming facilities for the cleaning of automotive vehicles, or canopies which provide partial protection from the elements for those customers buying fuel at a gasoline pump island.
(13) The sale of stuffed animals, blankets, toys, pennants, posters and similar merchandise shall be permitted to be sold only when displayed entirely, within the building housing the convenience retail store business.
(e) Adult Entertainment Facility.
(1) No adult entertainment facility shall be established within 1,000 feet of any area zoned for residential use.
(2) No adult entertainment facility shall be established within a radius of 2,000 feet of any school, library or teaching facility, whether public or private, governmental or commercial, when that school, library or teaching facility is attended by persons less than eighteen years of age.
(3) No adult entertainment facility shall be established within a radius of 1,000 feet of any park or recreational facility attended by persons less than eighteen years of age.
(4) No adult entertainment facility shall be established within a radius of 1,000 feet of any other adult entertainment facility or within a radius of 1,000 feet of any two of the following establishments:
A. Establishments for the sale of beer or intoxicating liquor for consumption on the premises.
B. Billiards and amusement centers.
C. Dance halls or discotheques.
(5) No adult entertainment facility shall be established within a radius of 2,000 feet of any church, synagogue or permanently established place of religious services.
(6) Displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other areas public or semi-public.
(7) All building openings, entries, windows, etc. for adult uses shall be located in such a manner as to provide a view into the interior from any public or semi-public area, sidewalk or street.
(8) No employees of the subject establishment shall conduct themselves outside the confines of the structure in such attire and/or by actions, in a manner distracting, distasteful and/or detrimental to adjacent business interests, residents or passersby.
(9) No screens, loudspeakers or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned by the public from public or semi-public areas.
(10) The interior of such a facility shall not be partitioned off to contain separate enclosed spaces with the exception of those required by code in utilizing proper construction standards. An example of required spaces would be restroom facilities.
(11) No person knowingly shall allow an individual, including, but not limited to, a patron, customer, or employee, who is less than eighteen years of age on the premises of an adult entertainment establishment.
(12) No individual who is less than eighteen years of age knowingly shall show or give false information concerning the individual’s name or age, or other false identification, for the purpose of gaining entrance to an adult entertainment establishment.
(13) In granting any such conditional use, the Planning Commission may prescribe any conditions that it deems necessary in the public interest. However, no conditional use shall be approved by the Commission unless it finds that the use for which such approval is sought is not likely to be dangerous or detrimental to nearby properties, that the use will not be contrary to any program of conservation or improvement, either residential or nonresidential, or be contrary to the public safety, morals and general welfare of the City.
(f) Bars/Taverns/Drinking Places.
(1) No taverns/bar/drinking place shall be permitted to be established within 500 feet of another bar/tavern/drinking place.
(2) There shall be adequate on premise and off-premise security and safety measurements for patrons, as well as the general public.
(3) Potential evening traffic at or near closing time shall be properly addressed.
(4) Noise from operations shall not exceed acceptable level as mandated by the Trotwood Codified Ordinance.
(5) The hours of operation shall not exceed the regulations governed by the Ohio Liquor Control Board.
(6) Structure shall be set back a minimum of 200 feet from a residential zoning district.
(7) There shall be adequate dumpsters capacity and pick up frequency to maintain the site litter-free.
(8) Site shall be a minimum of 500 feet from a church, school, or similar institution, except in a commercial zoning district.
(9) The operator shall with Trotwood Police Department to develop logistical coordination for events anticipated to have large crowds.
(10) No outdoor venues shall be permitted.
(Ord. 20-23. Passed 6-5-23.)