(a) Purpose and Intent. The purpose of this section is to establish supplementary standards for certain land uses that may affect adjacent properties, the neighborhood, or the community even if all of the general standards of Sections 1143.04 and 1143.05 are met. It is the intent of this section to establish appropriate standards for permit processing and for location, design and operation of conditional uses to assure that they will be developed in a manner consistent with the purpose of the Community Commercial District.
(b) Child Care Centers.
(1) Minimum lot area. Sufficient to accommodate an appropriately designed facility including buildings, required yards, landscaping, drop-off area and circulation space.
(2) Required outdoor play area. There shall be provided a fenced outdoor play area containing at a minimum, the number of square feet required for State of Ohio licensing requirements.
(3) Required access and loading/unloading.
A. An on-site drop-off area shall be provided at the main entrance to the facility sufficient to accommodate four automobiles for facilities with 20 or fewer children plus one additional vehicle for each additional ten children served. The drop-off area may either be in the form of spaces parallel to an access drive adjacent to the building or additional parking spaces beyond Code requirements.
B. Access from an arterial or collector street is required or access shall be provided in a manner that does not cause heavy traffic on residential streets.
(4) Required fencing. All outdoor play areas shall be enclosed by a six-foot high wall, solid fence or chain link fence planted with a continuous evergreen screen.
(5) Hours of operation. Use of outdoor play areas shall be limited to between the hours of 8:00 a.m. and 8:00 p.m.
(c) Financial Establishments with Drive-Thru Facilities.
(1) Minimum lot area. Uses with drive-in facilities shall have a minimum lot area to accommodate building, required yards, landscaping, parking and circulation requirements.
(2) Setbacks and screening. Drive-in windows or lanes shall be located at least 50 feet from any residential property. A solid wood fence, hedge or masonry wall at least six feet in height shall be provided where a drive-in window is located adjacent to residential property.
(3) Off-street parking and circulation.
A. Stacking spaces shall be provided for every drive-in facility per Chapter 1171. Required stacking spaces shall not block or otherwise interfere with site circulation patterns.
B. Customer/employee parking shall be separated from driving activities and customer parking shall be located near the area with the highest accessibility to the principal building.
C. The circulation system shall provide continuous traffic flow with efficient movement throughout the site. Conflict between major pedestrian movement and vehicular circulation shall be minimized.
(d) Animal Hospitals Including Veterinary Clinics, Kennels, Animal Grooming and Pet Stores.
(1) Care and boarding shall be limited to small domestic animals and may not include cattle, horses or swine.
(2) Minimum lot area and setback: The minimum lot area for an animal hospital, veterinary clinic or kennel shall be sufficient to accommodate building, required yards, parking, landscaping and circulation requirements. Any structure used for such purposes shall be at least 100 feet from an adjacent residential property.
(3) Operational standards.
A. All activities other than off-street parking, loading/unloading shall be conducted from a fully enclosed structure. This includes exercise runways.
B. Each structure shall be designed and maintained in a manner to prevent the development of unsanitary conditions.
C. Rooms intended to accommodate animals shall be insulated, or otherwise soundproofed and vented so animal noises will not be audible at any point on the perimeter of the property.
(e) Convenience Food Stores and Fast Food Restaurants.
(1) Minimum lot area: The minimum lot area shall be 7,500 square feet except that uses with drive-in or drive-thru facilities shall be located on lots with a minimum area sufficient to accommodate building, required yards, parking, landscaping and circulation requirements.
(2) Setbacks: Drive-in or drive-thru windows and lanes shall be located at least 50 feet from any residential property. All other structures shall be located in accordance with required setbacks of the underlying zoning district.
(3) Screening: A solid wood fence or masonry wall six feet high shall be constructed where drive-thru facilities for convenience food stores, drive-in stores, or fast food restaurants are located adjacent to residential property.
(4) Off-street parking and circulation:
A. Stacking spaces shall be provided for every drive-thru facility per Chapter 1171. Required stacking lanes shall not block or otherwise interfere with site circulation patterns.
B. Customer/employee parking shall be separated from driving activities and customer parking shall be located in the area with the highest accessibility to dining or sales areas.
C. Circulation system shall provide continuous traffic flow with efficient, non-conflicting movement throughout the site. Conflict between major pedestrian movement and vehicular circulation shall be minimized.
(f) Automobile Washing.
(1) Minimum lot area. Sufficient to accommodate building, required yards, parking, landscaping and circulation requirements.
(2) Setbacks and screening.
A. All structures shall be located at least 50 feet from any adjacent residential property.
B. A solid fence, wall or hedge six feet high shall be required when an automobile washing facility is adjacent to residential property.
(3) Limitation on use.
A. All washing facilities shall be located entirely within an enclosed building, except that entrance and exit doors may be left open during the hours of operation.
B. Vacuum and steam cleaning equipment may be located outside of the building, but shall not be placed in any yard adjoining residential property.
(4) Off-street waiting and circulation.
A. Off-street waiting spaces shall be provided for auto washing facilities per Chapter 1171. Required waiting spaces shall not block or otherwise interfere with site circulation patterns.
B. If at all possible, exit doors shall be oriented away from the street right-of-way. If not possible, a hard surface exit drive not less than 40 feet in length shall be provided between the exit doors and the street.
(g) Gasoline Service Stations. The basis for the following development standards is the assumption that all new service stations will include a convenience store in addition to the traditional pump islands covered by a canopy. It is also assumed that service bays will not be an integral part of the convenience store/gas pump complex. In those cases where car repair services are provided as part of the overall complex but in a separate structure, the entire complex shall be treated as a commercial center and fall under the supplemental standards set forth in Section 1143.06(h).
(1) Minimum lot area: 15,000 square feet, provided, however, that the lot size shall be adequate to meet all building and pavement setbacks, parking, circulation, open space and landscaping requirements.
(2) Minimum frontage: None, provided that individually developed lots must abut a public street and have adequate width to meet all building and pavement setbacks, parking, circulation, open space and landscaping requirements. A minimum of 250 foot frontage is required if there are to be two curb cuts for the site.
(3) Maximum lot coverage: All impervious service areas including building and pavement shall not cover more than 60% of the site.
(4) The site design shall provide for traffic circulation that does not interfere with access to and from the pump islands.
(5) To the greatest extent possible, required parking for the site shall be located adjacent to the convenience store facility and not interfere with circulation on the site or access to and from the pump islands.
(6) Canopy size (dimensions) shall be kept to a minimum. Whenever possible the smallest dimension shall be parallel to the adjacent roadway. In no case shall the width of the dimension fronting on or parallel to the roadway exceed 25% of the width or frontage of the lot.
(7) Lighting contained within the canopy shall be flush with or recessed into the ceiling of the canopy (to avoid glare off the site).
(8) There shall be no parking or pavement permitted in the front yard.
(9) The front yard shall consist of adequate and varied landscaping to act as both a screen to the paved area as well as a bufferyard to the impact of the canopy.
(10) Accessory structures are prohibited. Pump island canopies, convenience store and garage with repair bays are not considered accessory structures.
(11) The exterior facade of the structures included in the overall complex shall be natural materials such as brick or stone or some alternative material acceptable to the Planning Commission. The roof of these structures shall be covered with natural or manmade shingles and shall be designed so as to expose said materials to the adjacent streets and properties (such as a gabled or mansard roof).
(12) Should one or more bays for servicing cars be included in the convenience store structure, the site shall provide additional parking consisting of two spaces for each service bay and one space for each employee and service vehicle.
(13) Should a car wash facility be included within the convenience store structure, the site shall provide an additional parking space for each employee and a stacking lane sufficient to accommodate four waiting automobiles for each washing stall or device.
(h) Commercial Centers. Commercial centers shall be designed to fit with existing and anticipated development in the immediate area to minimize traffic congestion, conflicts, visual pollution and confusion.
(1) Minimum lot area. None, except that lot size shall be adequate to meet all building and pavement setbacks, parking, circulation, open space and landscaping requirements.
(2) Maximum lot area. For commercial centers containing two or more commercial uses, a maximum lot area of five contiguous acres shall be provided including sufficient space to accommodate buildings, required yards, landscaping, parking and circulation.
(3) Lot configuration. The width to depth ratio shall not exceed a ratio of two to one. The minimum depth of a commercial center lot shall be 300.
(4) Site layout. The applicant shall demonstrate how the proposed center will tie directly into adjacent commercial developments, both existing and anticipated, for pedestrian and vehicular traffic.
(5) Parking and circulation.
A. Customer/employee parking should be separated with customer parking located near the area with the most direct access to the principal building.
B. Continuous channelized traffic flow with sufficient movement throughout the site shall be provided. Conflict between pedestrian and vehicular movement shall be minimized.
C. Clear delineation of internal circulation roadways including directional signage and pavement markings shall be indicated.
(6) Curb cut controls. Curb cuts to adjacent arterial will be controlled in accordance with the following criteria:
A. A maximum of two curb cuts per street frontage may be allowed provided the minimum frontage of 450 feet and the curb cuts are separated by a minimum of 300 feet (centerline to centerline).
B. All curb cuts shall be located a minimum of 150 feet from an intersection and 75 feet from any property line.
(7) Signage.
A. A graphic system shall be used that is uniform in size, shape and color for various tenant signage.
B. Ground mounted signage shall be integrated within the overall site landscaping and the use of foundation planting around the ground sign shall be encouraged.
(8) Lighting.
A. All external outdoor lighting shall be cutoff fixtures or downlighting.
B. Lighting within and in relation to any service area to the rear of the building shall also be cutoff fixtures so as not to allow spillage on adjacent property.
(9) Outlots. No outlots shall be created as part of a commercial center site plan.
(i) Wireless Telecommunication Facilities.
(1) Minimum lot area. The minimum required by the zoning district, but not less than one (1) acre.
(2) Setbacks. Equal to the height of the tallest structure, but in no case less than zoning district requirements. The setback requirement based on height is not applicable when the proposed facility is constructed on or in an existing structure and does not extend more than 20 feet above the existing structure.
(3) Height: The maximum height of a tower shall be 150 feet including the antenna. The Planning Commission may allow the maximum height to increase to 200 feet to accommodate co-location. Equipment shelters shall meet district standards.
(4) Screening. Perimeter landscaping would be required around fencing at the base of the tower and around any building or equipment. The landscaping should have a year round opacity of 75%. A six foot minimum height would be required at installation for landscaping around the base of a tower. The Planning Commission may elect, in certain instances, to accomplish screening by materials other than landscaping.
(5) Parking and access. A paved access drive and one paved parking space for a service vehicle.
(6) Lighting. On site: Cutoff style fixtures for control of light spread. On tower: None, unless required by the Federal Aviation Administration (FAA).
(7) Color. The tower shall be painted a non-contrasting gray or similar color to minimize its visibility unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).
(8) Emissions. Emissions standards for electromagnetic fields must be in compliance with current and future Federal Communication Commission (FCC) standards.
(9) Co-location. All approved installations must allow other providers to co-locate on the same pole to the extent technologically feasible at a reasonable and competitive market rate. All requests for new installation must demonstrate that there is no available space on existing towers or other suitable support structure within the established service area. New installations on an existing permitted tower are exempt from the conditional use process and may proceed with a standard building permit approval.
(10) Construction. All new towers shall be constructed to be capable of accommodating at least one additional wireless communication installation for another service provider.
(11) Removal. The applicant or any subsequent owner of the facility will remove it within 90 days of obsolescence or abandonment. Obsolescence is defined as being replaced by new technology. Abandonment would occur when the provider is no longer operating a viable telecommunication network using this facility.
(12) Design. Preference will be given to monopole construction. Only monopole construction would be allowed in residential districts.
(13) Signage. Signage or advertising is to be displayed on the tower structure.
(j) Nursing Homes, Senior and Disabled Housing and Senior and Disabled Independent Housing.
(1) Lot requirements.
A. Minimum lot area: None, except that lot size shall be adequate to meet all yard and parking requirements.
B. Minimum lot width: None, except that all lots must abut a public street and have adequate width to meet the parking and yard space requirements.
C. Minimum front yard: 30 feet; 40 feet for structures on lots fronting on major, minor arterial and major collectors as designated by the Official Thoroughfare Plan. Pavement areas shall be at least ten feet from the right-of-way.
D. Minimum side yard: For structures, 15 feet. For pavement areas, ten feet.
E. Minimum rear yard: For structures, 15 feet. When abutting single or two family districts the rear yard shall equal the rear yard requirement of the abutting district. For pavement areas, ten feet.
F. Maximum lot coverage: Main and accessory structures and parking pavement areas shall occupy no more than 50% of the lot.
G. Parking areas shall be no closer to main structures than ten feet.
H. Minimum lot area per dwelling unit shall be calculated on the basis of 1,450 square feet for nursing homes and senior and disabled housing. For senior and disabled independent housing, minimum lot area per dwelling unit shall be calculated on the basis 5,445 square feet and may be reduced to 1,450 square feet with approval of the Planning Commission if the proposed development fully complies with the requirements of Section 1143.06. For nursing homes and senior and disabled housing, minimum lot area per unit may be varied by Planning Commission based upon the merits of the site development plan submitted. The Commission shall consider the factors established by the Site Development Plan, the dwelling unit size and mix, the site configuration and the development incentives set forth in Section 1135.03(c)(3)A., B. and C.
(2) Building requirements.
A. Maximum height: 35 feet. The maximum height may be increased to 50 feet by Planning Commission if the lot is not adjacent to any single or two family dwellings. If the building is adjacent to a single family or two family dwelling, the building height may be increased to a maximum height of 50 feet by Planning Commission if one foot of additional setback is provided for each additional foot of height along the affected property line.
B. Accessory buildings have the same yard requirements as main buildings.
C. Minimum dwelling unit area: A minimum of 300 square feet of living space for efficiency apartments with private bathrooms, 220 square feet for efficiency apartments without private bathrooms, 500 square feet for one bedroom units and 700 square feet for two bedroom units. A minimum of 100 square feet of living space per person for nursing homes.
D. Housing shall be specifically designed for senior and disabled citizens and include facilities generally associated with the needs and interests of aged persons. Access to these facilities and common and public use areas shall be provided in accordance with the "Fair Housing Accessibility Guidelines" (FHAG) as prescribed in Ohio R.C. 3781.1.111.
E. Any facility containing two or more stories shall contain elevator access to all dwelling units above the first floor.
(3) Site development requirements.
A. All applicable subdivision regulations, sign regulations, as well as parking and landscaping regulations of this Zoning Ordinance must be satisfied. The location, size, design, and operating characteristics of the facility will be compatible with and not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood, with consideration to be given to harmony in scale, bulk, coverage, and density; to harmful effect, if any, upon desirable neighborhood character.
B. Parking accommodations and loading areas shall be provided pursuant to a layout plan designed by the owner of the land to be developed, conforming to Chapter 1171 and showing traffic movement, ingress and egress, traffic control points, the number and size of parking spaces and service areas. In addition, the expected peak hour traffic volume for employees, members of the public and deliveries shall be described by text. The facility shall not adversely affect the generation of traffic and the capacity of surrounding streets.
C. Provision for storm drainage shall be adequate to protect the public and owners of surrounding land.
D. Trash and litter shall be controlled and stored in container systems which are located and enclosed in a manner to screen them from view.
E. Provision shall be made for an emergency medical service drive or zone.
F. Units are to be within reasonable walking distance, generally within two blocks of major traffic arteries, shopping, community facilities, and other daily activities. If this requirement cannot be met, daily service by shuttle bus for residents to these activities must be available.
G. The owner shall file with the Franklin or Delaware County Recorder a covenant, approved as to form by the City Attorney, in which said owner shall covenant on behalf of himself, his heirs, executors, and assigns not to use the property for any other use than nursing homes, senior and disabled housing or senior and disabled independent housing, unless the use complies with all requirements of the Planning and Zoning Code. Required compliance includes, but is not limited to, density, unit sizes, parking, and setbacks.
H. In addition to the requirements of Section 1111.02(c), a Site Development Plan for any site plan shall be submitted to the Planning Commission. The plan for senior citizen and physically handicapped housing shall set forth:
1. Natural scenic characteristics preserved.
2. Recreational, educational and social facilities of the development.
3. Pedestrian and bicycle access to neighborhood facilities, parks and scenic areas.
4. Building architectural design and construction materials. A minimum of 20% of the total site shall be designated as common open space for active and/or passive recreational uses. Common open space shall not include required setback and buffer yard areas. Up to 40% of the required common open space area may be provided in the form of a common leisure/recreation room.
(k) Outside Storage or Outside Sales Including, but Not Limited to Nurseries and Garden Supplies, Farmer's Markets, Christmas Tree Lots, and Pumpkin Sales.
(1) Outside storage or sales associated with an existing use or structure shall be located and screened and/or covered so as to be, or appear to be, an extension of the main store structure.
(2) If associated with an existing use or structure, parking, in addition to meeting the code requirements for the underlying use shall additionally provide a minimum of five additional spaces.
(3) Christmas tree lots and pumpkin sales.
A. Operation shall not exceed 45 days in duration and be permitted only once per calendar year.
B. Setbacks shall conform to those of the zoning district.
C. Signage shall conform to temporary sign standards.
D. Flashing, blinking, or moving lights of any kind are not permitted.
E. Planning Commission will determine the hours of operation, access, traffic, site lighting, and proximity to adjacent residential uses.
F. Christmas tree lots and pumpkin sales sites shall be cleaned and restored to their original condition within seven days of the end of operation.
G. Conditional use permits are valid for one year. Annual renewals may be granted administratively if the operation remains consistent with Planning Commission's approval.
(4) Farmer's markets.
A. Operation shall be between April 1 and December 1 and not exceed two days per week.
B. Setbacks shall conform to those of the zoning district.
C. Signage shall conform to temporary sign standards.
D. Flashing, blinking, or moving lights of any kind are not permitted.
E. Planning Commission will determine hours of operation, access, traffic, site lighting, and proximity to adjacent residential uses.
F. Farmer's market sites shall be cleaned and restored within 24 hours of the end of operation.
G. Conditional use permits are valid for one year. Annual renewals may be granted if the operation remains consistent with Planning Commission's approval.
(Ord. 01-31A. Passed 6-19-01; Ord. 2011-13. Passed 3-15-11.)