§ 154.546  CONDITIONALLY PERMISSIBLE USES, REGULATIONS.
   (A)   The Planning Commission, prior to the issuance of a conditional zoning certificate, shall establish by clear and convincing evidence that the intent and purposes of the following specific regulations that apply to specific conditional permissible uses for each use district have been met and satisfied by the applicant requesting such zoning certificate.
   (B)   In the specific regulations hereinafter detailed, the word “shall” denotes therein that the regulation is a mandatory requirement.  In the specific regulations hereinafter detailed, the world “should” denotes therein that the regulation should, under normal use and land occupancy conditions, be met and satisfied prior to the issuance of a conditional zoning permit but may be waived by the Planning Commission if the general standards of § 154.544(B) are not violated.
      (1)   The following conditions apply to all conditional permissible uses:
         (a)   Loudspeakers which cause a hazard or annoyance shall not be permitted.
         (b)   No lighting shall constitute a nuisance and shall in no way impair safe movement of
traffic on any street or highway; no lighting shall shine directly on adjacent properties.
         (c)   Signs, subject to §§ 154.470 through 154.485.
         (d)   Parking and loading, subject to §§ 154.405 through 154.409.
         (e)   All conditional uses must comply with the district requirements within which it is located unless specifically exempt by this chapter.
         (f)   All quasi-public uses such as, but not limited to, churches, schools, and other similar places of worship or instruction to be residential district shall have a minimum lot requirement of 80,000 square feet.  The use shall also comply with all other requirements of the district in which it is located.
         (g)   No conditional use will be permitted which is not compatible with adjacent uses.
      (2)   Multi-family housing in R-2, R-3 and R-4 Residential Districts. The area and height regulations may be varied provided that the net residential density will not be less than:
         (a)   Land area requirement per dwelling unit:
 
District
Area Required
R-2
   8,500 sq. ft.
R-3
   6,000 sq. ft.
R-4
   4,356 sq. ft.
 
            For parcels which are located in an R-4 District and are directly contiguous to commercial districts, the Planning Commission may permit a minimum lot area of 2,240 square feet per dwelling unit for a maximum density of 18 units per acre.  Actual density shall be determined by the Planning Commission.  Directly contiguous is defined as having a common boundary with the commercial district and on the same side of the street as the commercial district.
         (b)   Minimum living floor area requirements per dwelling unit:
 
District
Square Feet Required
R-2
1,000
R-3
800
R-4
720
 
         (c)   Multi-family dwellings containing over five living units may have some units in the sizes and percentages as described below:
 
District
Maximum Percentage of Total Units
Minimum Living Floor Area Square Feet
R-2
30
800
R-3
30
750
R-4
50
560
 
         (d)   Multi-family housing in R-2, R-3 and R-4 Residential Districts must meet the minimum lot depth, width and setback requirements of the residential district in which it is located.
         (e)   The Planning Commission shall use the following guidelines when considering required open space:
            1.   Site developments shall include a minimum of 30% of the net area as open space. Such net area shall equal gross acreage minus all road right-of-way dedication and minus all public lands dedication or sale and minus all private land dedication or sale;
            2.   No impervious surfaces shall be considered part of the required open space;
            3.   Area between buildings or between buildings and paved areas or any area which is 25 feet or less shall not be considered open space for the purpose of this section;
            4.   Water bodies may not be included as more than 30% of the required open space at the discretion of the Planning Commission depending on the utility of the water body as a recreational asset to the development;
            5.   All open space areas must be defined by survey or metes and bounds on all preliminary plans along with a defined building footprint and other impervious surface areas including driveways, parking areas, sidewalks so that such open space is clearly accounted for in terms of acres of open space.
         (f)   Such uses must be properly landscaped to be harmonious with surrounding residential uses. Where appropriate the Planning Commission may require a buffer zone up to 50 feet between the multi-family structure and the adjoining residential property line.
         (g)   Condominium developments shall require approval of condominium documents including the original declaration and all amendments by the Planning Commission for required maintenance and easement documents. Minimum setback from a private street shall be 25 feet for all condominium developments.
         (h)   Two-family dwellings in R-1 Districts shall be subject to the following requirements:
            1.   Minimum lot area: 15,000 square feet;
            2.   Minimum lot width at building line: 100 feet.
            3.   All lots shall conform to all other area and height regulations as outlined in § 154.097 that are not specifically addressed by provisions of this section.
            4.   Two-family dwellings shall not constitute more than 20% of any subdivision or any phase of any subdivision.
            5.   In all new subdivisions, all lots or parcels designated as two-family residential lots shall be so designated on the preliminary and final plats.  If such designation is not made, all lots shall be restricted to single-family residential use only.
      (3)   All structures and activity areas should be located at least 100 feet from all property lines.  The Planning Commission may reduce the distance to no less than ten feet where appropriate.
      (4)   All points of entrance or exit should be located no closer than 200 feet from the intersection of two major thoroughfares; no closer than 100 feet from the intersection of a major thoroughfare and a local or collector thoroughfare or two local or collector thoroughfares. Such ingress and egress shall be provided as approved by the Planning Commission in order to assure safety for pedestrian and vehicular traffic.
      (5)   Such structures should be located on a collector or major thoroughfare.
      (6)   Such developments should be located on major thoroughfares or at intersections of major and/or collector thoroughfares.
      (7)   Such developments should be located adjacent to nonresidential uses such as churches, parks, industrial, or commercial districts.
      (8)   Any temporary structures must be indicated as such on site plans submitted to the Planning Commission for approval.
      (9)   Such structures shall not be continued as permanent structures. The period of continuance shall be set by the Planning Commission.
      (10)   The extension of all utility services and other required infrastructure should be at the developer’s expense.
      (11)   Site locations should be preferred that offer natural or man-made barriers that would lessen the effect of intrusion into a residential area.
      (12)   Such structures should be located adjacent to parks and other nonresidential uses such as schools and shopping facilities where use could be made of joint parking facilities.
      (13)   The following standards apply to service station uses:
         (a)   Fuel pumps and fueling stations.
            1.   All fuel pumps shall be set back a minimum of 20 feet from a front property line/public right-of-way.
            2.   The number of fuel pumps and fueling stations shall be limited as follows:
 
Zoning District
Maximum Number of Fuel Pumps
Maximum Number of Fueling Stations
CBD, C-1, CSG
4
8
C-3, C-4, I-1, I-2
No restrictions
No restrictions
 
         (b)   Canopies.
            1.   Canopies shall be set back at least 10 feet from any property line.
            2.   Canopy heights shall be limited to the height of the main structure or 20 feet, whichever is less.
            3.   All light fixtures shall be either recessed into the canopy or if they protrude, shall be enclosed within a box with a 90-degree cutoff that fully shields the bulbs and lenses.
            4.   The exterior face or roof of a canopy shall not be illuminated, with the exception of signage that is mounted on or integrated into the canopy face.
            5.   All canopy columns and other accessory structures shall use the same materials as, or accent materials complementary to, those used on the primary structure.  Columns shall be painted in neutral colors, natural earth-tones or subdued hues.
         (c)   Vehicle repair activity.
            1.   If the service station also provides vehicle repair services, all such service work shall take place within a fully enclosed building.
            2.   Vehicles waiting to be serviced shall be stored within a gated area that is enclosed by a privacy fence or wall of not less than six feet in height.
         (d)   Curb cuts and site access.
            1.   No more than two curb cuts to adjacent public streets shall be permitted.
            2.   The maximum width of a curb cut shall not exceed 40 feet at the property line.
            3.   The minimum spacing between two curb cuts shall not be less than 80 feet as measured from the centerlines of each curb cut.
      (14)   It is the intent of this subsection to permit mobile home parks that house only independent mobile homes, and such mobile home parks should be located adjacent to commercial or industrial districts or on major thoroughfares. The area shall be in one ownership or, if in several ownership’s, the application shall be filed jointly by all of the owners of the properties included in the plan. The following conditions shall apply:
         (a)   In addition to the other requirements of this subsection, the application shall include any other data the Planning Commission may require.
         (b)   Each boundary of the park must be at least 200 feet from any permanent residential building outside the park, and separated there from by a natural or artificial barrier.
         (c)   The park shall be graded to be well drained.
         (d)   Trailer spaces shall be a minimum of 3,000 square feet for such space and at least 40 feet wide and clearly defined.
         (e)   There shall be at least a 20 foot clearance between trailers. No trailer shall be closer than 20 feet from any building within the park or ten feet from any property line bounding the park.
         (f)   Each mobile home space shall provide 200 square feet of parking space and shall abut upon a driveway of not less than 20 feet in pavement width, which shall have unobstructed access to a public thoroughfare. All paving unobstructed access to a public thoroughfare. All paving shall meet the requirements of city street standards and lighted at night with electric lamps of not less than 175 watt mercury vapor or 100 watt high pressure sodium, each spaced at intervals of not more than 100 feet.
         (g)   Each park may provide service buildings to house laundry, storage facilities and offices. Construction shall meet the standards of the Building Code. Walkways not less than two feet wide, and paved, shall be provided from the trailer spaces to the service buildings.
         (h)   An electric outlet supplying at least 110 volts shall be provided for each trailer space.
         (i)   Each mobile home space shall be provided a water tap at least four inches above the ground to supply pure and adequate water for drinking and domestic purposes.
         (j)   Each mobile home space shall be provided a trapped sewer at least four inches in diameter which connects with a centralized disposal system.
         (k)   Adequate garbage and rubbish cans shall be provided not further than 300 feet from any mobile home space.
         (l)   Each park shall be equipped at all times with adequate fire extinguishing equipment as determined by the Fire Department.
         (m)   No pets shall run at large or commit any nuisance within the limits of any mobile home park.
         (n)   The permitted, or a duly authorized attendant or caretaker shall be in charge at all times to keep the mobile home park, its facilities and equipment in a clean, orderly, and sanitary condition, free from any condition that will menace the health of any occupant or the public or constitute a nuisance.
      (15)   Such establishments shall be devoted primarily to selling their output at retail on the premises and employing not more than ten persons on the premises at any one time.
      (16)   Such uses shall contain no sign for advertising its use.
      (17)   Such uses shall be secondary in importance to the use of the dwelling for dwelling purposes. The Planning Director shall have the administrative discretion to not require Planning Commission review of an application if, upon completion of required application materials, the Planning Director determines that the proposed home occupation would meet the general and specific standard for home occupations and the use does not involve customer, client or materials delivery type activity at the dwelling. An example of such a use that would potentially meet such standards would be:  computer based businesses where clients communicate through telephones or computers with no additional traffic at the dwelling other than typical residential traffic.
         (a)   Such uses shall be conducted by the occupant with no additional employees.
         (b)   Such occupations shall be carried on entirely within the dwelling and not in an accessory building; however, the garage may be used provided that the home occupation does not preclude the storage of the number of vehicles for which the garage was designed.
         (c)   The conducting of their home occupation shall not occupy more than 30% of the floor area of only one story.
         (d)   The proposed use shall not constitute primary or incidental storage facilities for a business, industrial, or agricultural activity conducted elsewhere.
         (e)   No activity, materials, goods or equipment indicative of the proposed use shall be visible from any public way or adjacent property.
         (f)   No signs are permitted for home occupations.
         (g)   The proposed use shall not generate noise, odor, fumes, smoke, or vehicular or pedestrian traffic in an amount which would tend to depreciate or change the residential character of the neighborhood in which the proposed use is located.
      (18)   Such uses are permitted in an I-2 District only and shall be conducted not closer than 500 feet from any residential district. Where the I-2 District abuts upon, but is separated from, an R District by a street, the width of the street may be considered as part of the required setback. The construction, operation and maintenance of such uses shall be such that they will not be hazardous, noxious or offensive due to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matters, or water-carried wastes.
      (19)   Such uses shall be above the first floor and shall not be detrimental to or in any way detract from the primary purpose or function of CBD, C-3 or C-4 Districts. Each dwelling unit shall have a minimum living floor area of 550 square feet per family. Two off-street parking spaces shall be provided for each dwelling unit as regulated in §§ 154.405 through 154.409. Density of such development shall generally not exceed 18 units per acre unless approved by the Planning Commission.
      (20)   Locations where such use abuts a residential district or residential use shall also meet the following requirements:
         (a)   There shall be no driveway entering or exiting such premises within 75 feet of a residential district.
         (b)   Such uses shall be properly landscaped to be harmonious with adjacent residential uses, and such landscaping shall be maintained in a neat and orderly condition at all times.  A buffer zone along the entire length of the common boundary between the commercial use and the residential use shall be maintained not less than ten feet in depth.  This buffer zone shall be landscaped with grass, shrubbery or trees, as approved by the Commission.  The erection of a visual screen may be required by the Planning Commission along the entire length of the common boundary.
         (c)   The architectural design of such buildings and appurtenances shall be in general conformity with adjacent development and subject to approval by the Planning Commission.
         (d)   One-way traffic circulation in the parking area should be provided, with entrance and exit driveways clearly marked so as to be visible from the street.
      (21)   Such uses should be landscaped to be harmonious with surrounding uses, especially if adjacent to residential uses.  A solid fence or wall not less than six feet in height may be required within five feet of property lines that are adjacent to properties that are residentially zoned or used solely for residential purposes.
      (22)   Any proposed new cemetery shall be used for cemetery purposes only and shall meet the following requirements:
         (a)   Only memorial park cemeteries having grave markers flush with the surface of the ground shall be permitted. “Marker” refers to a plaque with the name of the deceased.
         (b)   Except for office uses incidental to cemetery operation, no business or commercial uses of any kind shall be permitted on the cemetery site.
         (c)   Minimum area required for a cemetery site shall be 40 acres.
         (d)   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.
         (e)   Pavement width of driveways shall be at least 20 feet (ten feet per moving lane).
         (f)   Drives shall be of usable shape.  Improved with bituminous, concrete or equivalent surfacing and so graded and drained as to dispose of all surface water accumulation within the area.
         (g)   Pavement is to be installed as development progresses and as indicated on the final plans approved by the Planning Commission.
         (h)   Sufficient parking space shall be provided so as not to deter traffic flow within the cemetery.
         (i)   Area drainage and/or sanitary facilities are subject to approval by the City Engineer prior to the issuance of a conditional use permit.
         (j)   Only signs as allowed in §§ 154.470 through 154.485 are permitted.
         (k)   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 must be maintained in good condition.
         (l)   Provisions shall be made for landscaping throughout the cemetery.
         (m)   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.
         (n)   No grave sites shall be located within 100 feet of the right-of-way lines of any publicly dedicated thoroughfare.
         (o)   A grave site shall not be within 200 feet of an existing residence unless the owner of such residence gives his written consent.
         (p)   Guarantees shall be made that the cemetery will be developed as proposed on the plans approved by the Planning Commission and the City Engineer. Guarantees shall be in a form approved by the Planning Commission and may be one of the following:
            1.   A performance bond of $25,000 for cemeteries of 40 acres. An additional $5,000 shall be required for each ten acres over 40 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 Commission and the City Engineer.
            2.   Other methods as might be worked out by the Planning Commission, Council, developers and their legal advisors.
         (q)   A trust fund of an amount set by the Planning Commission shall be established by the cemetery developers for the perpetual maintenance of the cemetery grounds. The 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 Planning 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 Planning Commission. Interest yielded by the fund shall be applied toward the maintenance of the cemetery grounds.
      (23)   Scrap yards shall have front, side and rear setbacks of at least 150 feet. At least a 40-foot wide strip in the 150-foot setback shall be planted for camouflaging purposes according to the following specifications:
         (a)   The 40-foot wide strip shall be planted with pine, Norway spruce or other plants of similar screening value.
         (b)   Trees shall be planted on a staggered pattern with no more than ten feet between trees.
         (c)   The 40-foot wide planting strips shall be so located as to achieve the greatest screening or camouflaging effect, and no visual openings shall exist.  A minimum area of five acres shall be required for a use proposed under this category.
      (24)   All signs, streamers, announcements, flags, and other attention and/or advertising devices not specifically permitted under §§ 154.470 through 154.486 of this chapter are prohibited.
      (25)   Veterinary offices:
         (a)   There shall be no burial or incineration of animals on the premises.
         (b)   All activities shall be conducted within a totally enclosed and air conditioned building.
         (c)   Animals treated shall be those ordinary household pets capable of being cared for entirely within the confines of a dwelling unit.
         (d)   Trash storage areas shall be screened from view of adjacent dwellings. All parking areas and driveways shall be separated from adjacent dwellings by a landscaped strip at least five feet wide.  The landscaped strip shall be improved with shrubs, hedges, trees, or a decorative fence to screen paved areas from adjacent dwellings.
         (e)   No animals shall be kept overnight on the premises.
      (26)   Automatic automobile laundry.  Auto laundry of more than one stall or of the production-line type shall be required to provide 15 off-street parking spaces per auto laundry unit.
      (27)   Oil/gas wells are prohibited in C-1, C-3 and C-4 Districts and in any residential district which has a density of four or more built residential units to the acre, or on any property which has been subdivided to a density of four or more residential units to the acre, within the drilling unit.
      (28)   Parking lots, decks, or garages adjoining a residential district must be a minimum of 20 feet from the property line. Surface parking lots must provide a ten foot buffer strip of materials approved by the Planning Commission. Parking decks and garages must be of a design compatible with the adjacent area.
      (29)   A setback of 20 feet shall be required for all activities, including parking of any vehicle or trailer.
      (30)   All uses must demonstrate compliance with the following conditions:
         (a)   General provisions.
            1.   Prohibited in a C-4 district but allowable in an Industrial District when associated with an approved permitted or conditionally permitted use.
            2.   Outside play areas shall be enclosed by a fence with a minimum height of four feet for the protection and control of children.
            3.   The site shall be designed to provide a drop off/pick-up location that provides for vehicular stacking so as not to impede traffic flow on or off the site.
            4.   In addition to complying with the parking requirements in § 154.408(B), each site shall also provide short term parking for child drop-off/pick-up in the amount of 1.25 parking spaces for each 1,000 sq. ft. of gross floor area, with a minimum of six spaces required.
            5.   All uses shall provide evidence of licensure by the appropriate State agency prior to the issuance of a City of Wadsworth Occupancy Certificate.
         (b)   Provisions for uses in residential districts.
            1.   The use is allowed only when located on an arterial street or when associated with an existing and approved conditional use for a public facility.
            2.   All structures shall be designed in a similar fashion to the adjacent residential structures so as to be compatible with neighboring residential structures in terms of scale, materials and building form.
            3.   Minimum lot size shall be 20,000 sq. ft.
            4.   All structures shall maintain 25 feet setbacks from side property lines and a 50 feet setback from the rear property line.
            5.   A landscape buffer of at least 15 feet in width shall be maintained along the shared property lines of adjacent properties containing a residential use. The buffer should consist of either a decorative privacy fence at least four feet in height or be mounded and planted with shrubs, trees or other acceptable planting materials at least three feet in height at the time of installation or some combination of both, which the Planning Commission determines meets the intent of this requirement.
            6.   Parking lots shall be located in a manner which least impact the adjacent properties.  However, in no instance shall a parking lot be closer than ten feet to a property line or 15 feet when adjacent to a residential use.
      (31)   Group dwellings for the handicapped must meet the following conditions:
         (a)   A minimum of 250 square feet of usable floor space designated as living area for each occupant.
         (b)   One hundred square feet of bedroom space must be provided for each occupant with no more than two persons occupying one bedroom.
         (c)   All activities, programs and other events shall be adequately and properly supervised so as to prevent any disturbance or nuisance to surrounding properties or to the community in general.
         (d)   There must be at least 400 square feet of outdoor open space for each occupant of the group dwelling.
         (e)   Such facilities should not be located on major thoroughfares or at intersections of major streets.
         (f)   Such facilities must meet all local and state health requirements.
      (32)   Public rental storage buildings (mini-warehouses) are subject to the following conditions:
         (a)   All items must be stored within an enclosed building. No outside storage of any kind shall be permitted.
         (b)   All such structures shall be enclosed by a fence to prevent unauthorized access.
         (c)   All such facilities shall be landscaped and screened from adjacent properties.
         (d)   Loading and unloading space shall be located in the side and rear areas only.
         (e)   The facility shall be provided with outside lighting and such lighting shall not shine and create a nuisance on adjacent properties.
         (f)   Storage shall be limited to personal property only such as household items, yard and garden equipment, vehicles, boats, trailers, campers and other recreational vehicles. Commercial storage of goods to be processed, assembled, packaged or stored for use in any manufacturing, wholesaling or retailing operation shall not be permitted.
         (g)   The Planning Commission may require that a resident manager be provided.
         (h)   Such structures shall meet all applicable city and state building and fire regulations.
         (i)   Individual building size shall not exceed 250 feet in length and 40 feet in width.  There shall be a minimum of at least 25 feet between buildings.
         (j)   Interior drives shall have one-way circulation and shall be paved as required by the City Engineer. Interior drives may serve as a travel lane and a parking lane in such case the travel lane shall be at least 15 feet wide and the parking lane at least ten feet wide.
         (k)   Minimum parking spaces required shall be at least one for each ten storage cubicles (based on estimated maximum number, plus two for manager’s office, if provided.)
      (33)   All senior housing uses must comply with one of the three categories as defined in (b) below.  Any structure or project which proposes a mix of the various senior housing types must meet all regulations applicable to each type of senior housing proposed.
         (a)   The following definitions shall be used for the implementation of this regulation:
            1.   ADULT CARE FACILITY.   A residence or facility that provides accommodations and supervision to between three and 16 unrelated adults; at least three of who require personal care services; however, such facilities do not provide skilled nursing care services. See also, CONGREGATE LIVING FACILITY.
            2.   ASSISTED LIVING FACILITY.   See ADULT CARE FACILITY.   However, if an assisted living facility or a portion thereof provides skilled nursing care, that facility or portion thereof in which skilled nursing care is provide shall be deemed a RESIDENTIAL CARE FACILITY as defined below.
            3.   CONGREGATE LIVING FACILITY. A semi-independent group living environment which integrates shelter and service needs for functionally impaired or socially isolated older persons, who are otherwise in good health, are generally classified as ambulatory, capable of self-preservation in times of emergency and do not require constant supervision. Such living environments may contain common shared dining and cooking facilities in a centralized location. Such facilities may provide personal care and other related services, but not skilled nursing care services.
            4.   HOME FOR THE AGED.   See RESIDENTIAL CARE FACILITY.
            5.   INDEPENDENT SENIOR HOUSING.   Dwelling units that are intended to be occupied predominantly by person 55 years of age or older in conformance to the Housing for Older Persons Act (HOPA) of 1995, 24 CFR part 100, subpart E, which established an exemption from the Fair Housing Act of 1988 for “housing for older persons”. Such dwelling units shall contain areas for sleeping, meal preparation and eating; may take the form of one, two and three-family dwellings or multifamily structures.
            6.   NURSING HOME. See RESIDENTIAL CARE FACILITY.
            7.   PERSONAL CARE SERVICES.   Services that included but are not limited to:  assisting residents with activities of daily living such as bathing, grooming, dressing, eating and mobility; and in accordance with special rules adopted under R.C. § 3721.04, assisting residents with self-administration of medication and preparing special diets, other than complex therapeutic diets, pursuant to the instructions of a physician or licensed dietician. Personal care services do not include skilled nursing care.
            8.   RESIDENTIAL CARE FACILITY.   Senior housing facilities licensed by the Ohio Department of Health, which provide skilled nursing care and may provide personal care services to the occupants on a continuous basis.  This classification of senior housing includes nursing homes; skilled nursing facilities; homes for the aged and similar uses which provide skilled nursing care.  Assisted living facilities or that portion thereof in which skilled nursing care is provided, shall be deemed a residential care facility. 
            9.   SKILLED NURSING CARE.   Procedures that require technical skills and knowledge beyond those possessed by untrained persons that are commonly employed in providing for the physical, mental and emotional needs of ill or otherwise incapacitated persons.  Skilled nursing care includes, but is not limited to, all of the activities identified in R.C. Chapter 3721.01(A)(4), such as: catheterizations; wound care and application of dressings; supervising special diets; observing and analyzing patient conditions in order to determine the level of nursing care required and the need for further medical diagnosis and treatment; administration of medicine and carrying out of other treatment(s) as prescribed a physician that involve complexity and skill in administration.
         (b)   Senior Housing Types:
            1.   Independent Senior Housing shall be subject to the following standards:
               a.   Independent senior housing shall be allowed only in R-1, R-2, R-3 and R-4 residential use districts. Only one, two and three-family dwellings shall be permitted in R-1 use districts.
               b.   All dwellings should be located no further than one mile from shopping and community facilities.
               c.   Individual projects should not exceed 100 dwelling units. Projects consisting of more than ten dwelling units shall be located on an arterial or collector thoroughfare.
               d.   The density of development shall not exceed the maximum density permitted by the underlying zoning district for the proposed housing type (one, two or three-family dwellings or multifamily dwellings).
               e.   The structures in these developments should be designed to be compatible with other residential structures in the vicinity and shall comply with all area, height and setback requirements of the underlying zoning district.
               f.   Minimum size of dwelling units (in square feet per dwelling unit):
 
Zoning District
No. of bedrooms
1 family dwelling*
2 & 3 family dwellings*
Multifamily Structures*
R-1
1
2
1,000
1,100
700
1,000
N/A
N/A
R-2, R-3 & R-4
1
2
800
1,000
700
800
540
700
* No dwelling shall contain more than two bedrooms.
 
               g.   Parking standards:
 
Dwelling Type
Minimum Parking Requirements
Maximum Parking Requirements
1, 2 & 3 family dwellings
2 spaces per dwelling unit
4 spaces per dwelling unit
Multifamily dwellings
1.5 spaces per dwelling unit
3.5 spaces per dwelling unit
Projects located on public or private streets without on-street parking shall also provide additional parking facilities for visitors & guest at a rate of not less than one space per every four dwelling units nor greater than one space per every two dwelling units.
 
               h.   Open Space Requirement: Senior independent living developments shall provide open space of not less than 30% of the net area of the site, subject to all provisions and requirements as listed in § 154.546(B)(2)(e) of the zoning ordinance.
            2.   Congregate living and Other Adult Care Facilities shall be subject to the following standards:
               a.   Congregate living shall be allowed in R-1, R-2, R-3 and R-4 residential use districts only when located on an arterial or collector thoroughfare; and in C-1, C-3 and C-5 commercial use districts.
               b.   Individual projects should not exceed 100 dwelling units in a residential use district.
               c.   All applications for a conditional zoning certificate to operate a congregate living facility shall include plans and written documentation demonstrating compliance with the space, equipment, safety and sanitation provision of O.A.C. Chapter 3701-20-22 paragraphs (C) and (D) and any amendments thereto.
               d.   All structures shall comply with the setback and height restrictions of the underlying zoning district and shall not exceed the following floor area ratios (FAR):
 
Use District
Maximum FAR
R-1, R-2 & R-3
20%
R-4
30%
C-1, C-3, C-5
35%
 
               e.   Parking Standards:  Off-street parking shall be provided at a ratio of not less than 0.5 space per bed and not more than 1.0 space per bed. Parking areas should be located along the sides and rear of the building. The Planning Commission may require additional screening and landscaping for parking facilities located within 20 feet of a side or rear property line and adjacent to residential dwellings or uses.
               f.   Requirements for Outdoor Passive Recreation Space and Amenities.
                  i.   Each facility shall provide outdoor passive recreation space for residents at a rate of 100 sq. ft. per bed, but no less than 5,000 sq. ft. in total area.
                  ii.   The passive recreation space must be visible and directly accessible from the facility.
                  iii.   Passive recreation space may not be closer that 50 feet to parking lots and vehicle loading/delivery areas unless a ten foot wide landscaped buffer is provided to separate these uses.
                  iv.   Acceptable features, improvements and amenities in outdoor passive recreation areas include, but are not limited to: trees, shrubs, stormwater retention basins that incorporate native-species plants, open fields, gardens, water features, trellises, gazebos, pergolas, patios, walking and wheelchair paths, benches, tables, umbrellas, lighting and other similar features.
                  v.   Access to and through the passive creation space shall be compliant with the Americans with Disabilities Act (ADA).
                  vi.   Seating shall be provided along walking and wheelchair path at intervals not exceeding 100 linear feet.
                  vii.   Outdoor seating areas shall be located in such a manner so as to provide shade for the users or otherwise equipped with umbrellas or other means to screen users from excessive sun exposure.
               g.   The application shall comply with the Fair Housing Act of 1988 or demonstrate how the project will conform to the “Housing for Older Persons” exemption to the Fair Housing Act as established by the Housing for Older Persons Act (HOPA) of 1995, 24 CFR part 100, subpart E.
               h.   Such facilities shall demonstrate compliance with applicable commercial building and fire codes and provide a copy of the certificate of occupancy issued by the appropriate building permitting authority to the city.
               i.   Such facilities shall be licensed by the Ohio Department of Health prior to commencement of operations.
            3.   Nursing Homes and Residential Care Facilities shall be subject to the following standards:
               a.   Nursing homes and residential care facilities shall be allowed in R-1, R-2, R-3 and R-4 residential use districts only when located on an arterial or collector thoroughfare;  and in C-1, C-3 and C-5 commercial use districts.
               b.   All structures shall comply with the setback and height restrictions of the underlying zoning district and shall not exceed the following floor area ratios (FAR):
 
Use District
Maximum FAR
R-1, R-2 & R-3
20%
R-4
30%
C-1, C-3, C-5
35%
 
               c.   Individual projects should not exceed 100 dwelling units in a residential use district.
               d.   Requirements for Outdoor Passive Recreation Space and Amenities.
                  i.   Each facility shall provide outdoor passive recreation space for residents at a rate of 75 sq. ft. per bed, but not less than 4,000 sq. ft. in total area.
                  ii.   The passive recreation space must be visible and directly accessible from the facility.
                  iii.   Passive recreation space may not be closer than 50 feet to parking lots and vehicle loading/delivery areas unless a ten foot wide landscaped buffer is provided to separate these uses.
                  iv.   Acceptable features, improvements and amenities in outdoor passive recreation areas include, but are not limited to: trees, shrubs, stormwater retention basins that incorporate native-species plants, open fields, gardens, water features, trellises, gazebos, pergolas, patios, walking and wheelchair paths, benches, tables, umbrellas, lighting and other similar features.
                  v.   Access to and through the passive creation space shall be compliant with the Americans with Disabilities Act (ADA).
                  vi.   Seating shall be provided along walking and wheelchair path at intervals not exceeding 100 linear feet.
                  vii.   Outdoor seating areas shall be located in such a manner so as to provide shade for the users or otherwise equipped with umbrellas or other means to screen users from excessive sun exposure.
               e.   All applications for a conditional zoning certificate shall include plans and written documentation demonstrating compliance with:
                  i.   The minimum space requirements for dining and recreation rooms as defined by O.A.C. Chapter 3701-17-21.
                  ii.   The minimum space and furnishing requirements for residential units, rooms or dwellings as defined by O.A.C. Chapter 3701-17-64.
                  iii.   The maintenance, equipment and supplies requirements as defined by O.A.C. Chapter 3701-17-65.
               f.   Parking Standards:  Off-street parking shall be provided at a ratio of not less than 0.5 space per bed and not more than 1.0 space per bed. Parking areas should be located along the sides and rear of the building.  The Planning Commission may require additional screening and landscaping for parking facilities located within 20 feet of a side or rear property line and adjacent to residential dwellings or uses.
               g.   Such facilities shall demonstrate compliance with applicable commercial building and fire codes and provide a copy of the certificate of occupancy issued by the appropriate building permitting authority to the city.
               h.   Such facilities shall be licensed by the Ohio Department of Health prior to commencement of operations.
      (34)   Such uses, when located in residential zones, and where appropriate, shall be designed in a similar fashion to the adjacent residential development with respect to building scale and type of building materials and design.  Landscaping screening shall be maintained adjacent to residential development with shrubs, trees or some combination in an area not less than 15 feet from a property line with residential development adjacent. Such landscape screening shall be a minimum of three feet in height at time of installation and must be maintained in good condition. Parking lots shall be located in a manner which least affect the adjacent residential development.
      (35)   Such uses, when located in residential zones, shall only be permitted on major thoroughfares.
      (36)   Such uses, when in existence prior to adoption of subsection (36) shall be permitted to expand only after conditional zoning review and approval by the Planning Commission.
      (37)   The following regulations shall apply to large commercial developments:
         (a)   The Planning Commission may require setbacks in excess of the C-3 District minimum yard requirements for any structure or activity area.
         (b)   All subdivisions of land shall comply with the city’s Subdivision Regulations, comprehensive planning documents and applicable zoning district regulations.
         (c)   The floor area ratio shall not exceed 30%.
         (d)   Outdoor sales and storage areas shall be identified on the site plan. Such areas shall be enclosed in a manner approved by the Planning Commission and shall not encroach into a yard setback, parking area or fire lane. For the purposes of determining the floor area ratio (FAR), outdoor sales and storage areas shall be included as part of the floor area of all structures.
         (e)   The use of trailers for auxiliary or seasonal storage shall be prohibited.
         (f)   Design considerations.
            1.   All site design features, including but not limited to, architectural elevations, light fixtures, signage and landscaping shall be reviewed and approved by the Architectural Design Committee prior to Planning Commission approval of a conditional zoning certificate. Design features that promote safe pedestrian access should be encouraged.
            2.   All refuse disposal areas and containers shall be screened by a solid enclosure with a height no less than six feet, constructed of wood, masonry or other equivalent material as approved by the Architectural Design Committee.
         (g)   Special studies.
            1.   In cases where a difference in professional engineering opinion exists, the Planning Commission may cause the traffic impact analysis, as required by § 154.077, to be reviewed by an independent traffic engineer chosen by the city and the cost of such independent review shall be borne b y the developer.
            2.   The Planning Commission may require a Community Impact Study to determine the development’s impact on the community. The following list is indicative, but not all-inclusive, of the type of information to be provided on a CIS. The actual information to be provided shall be determined by the Planning Commission.
               a.   Local economy.  Project description and target market area, estimate of full-time equivalent jobs provided and location of proposed employment base.
               b.   Impact on infrastructure and utilities.  Estimates of anticipated water demand; sanitary effluent generated; electric usage; and other utility demands as requested.
               c.   Bibliography identifying persons, organizations and other sources consulted in the preparation of the CIS.
         (h)   All projects shall demonstrate compliance with Zoning Code requirements pertaining to landscaping, site plan requirements, off-site impacts, off-street parking and signage as found in this chapter.
      (38)   The following regulations apply to electronic and changeable copy signs:
         (a)   Such signs are permitted only on lots which front an arterial thoroughfare.
         (b)   The lot on which such sign is proposed shall have a minimum frontage of 200 feet on an arterial thoroughfare and a minimum lot area of 40,000 square feet.
         (c)   Signs must be set back at least 15 feet from the front property line. A greater distance may be required in order to maintain adequate sight distance.
         (d)   No sign may be closer than 200 feet to a one, two or three family dwelling or another electronic or mechanical changeable copy sign as measured perpendicularly to the face of the sign.
         (e)   Messages may not change more that four times per minute and must otherwise demonstrate compliance with the provisions of the zoning district in which it is located and with the provisions of § 154.483.
         (f)   Full motion video is prohibited.
(‘65 Code, § 1309.06)  (Ord. 44-93, passed 7-12-93; Am. Ord. 97-113, passed 11-18-97; Am. Ord. 98-072, passed 7-21-98; Am. Ord. 99-031, passed 6-1-99; Am. Ord. 00-059, passed 7-18-00; Am. Ord. 01-069, passed 8-23-01; Am. Ord. 01-107, passed 11-6-01; Am. Ord. 03-034, passed 3-18-03; Am. Ord. 06-049, passed 6-27-06; Am. Ord. 07-045, passed 7-17-07; Am. Ord. 09-001, passed 3-17-09; Am. Ord. 11-076, passed 12-20-11; Am. Ord. 13-066, passed 11-19-13)