All conditional uses shall meet the minimum requirements established by Section 1155.03 unless modified by this section:
(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 Section 1155.03 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 Office-Institutional District.
(b) Development Standards for Multiple Family Use. The development standards are those required in the R-4 Multiple Family District.
(c) Development Standards For 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 of 5,455 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 1155.04. 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 building.
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 and meet the City's requirements for Storm Water Management.
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 Count 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 for any site plan, a plan for nursing homes, senior and disabled housing and senior and disabled independent 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.
I. 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.
(d) 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 space shall be provided for every drive-in facility for at least five automobiles. 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.
(e) 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.
(f) 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: No signage or advertising is to be displayed on the tower structure.
(g) Christmas Tree Lots and Pumpkin Sales.
(1) Operation shall not exceed 45 days in duration and no more than once per calendar year.
(2) Setbacks shall conform to those of the zoning district.
(3) Signage shall conform to temporary sign standards.
(4) Flashing, blinking, or moving lights of any kind are not permitted.
(5) Planning Commission will determine hours of operation, access, traffic, site lighting, and proximity to adjacent residential uses.
(6) Christmas tree lots and pumpkin sales sites shall be cleaned and restored to their original condition within seven days of the end of operation.
(7) Conditional use permits are valid for one year. Annual renewals may be granted administratively if the operation remains consistent with Planning Commission's approval.
(h) Farmer's Markets.
(1) Operation shall be between April 1 and December 1 and not exceed two days per week.
(2) Setbacks shall conform to those of the zoning district.
(3) Signage shall conform to temporary sign standards.
(4) Flashing, blinking, or moving lights of any kind are not permitted.
(5) Planning Commission will determine hours of operation, access, traffic, site lighting, and proximity to adjacent residential uses.
(6) Farmer's market sites shall be cleaned and restored within 24 hours of the end of operation.
(7) Conditional use permits are valid for one year. Annual renewals may be granted administratively if the operation remains consistent with Planning Commission's approval.
(Ord. 97-46. Passed 5-20-97; Ord. 2011-13. Passed 3-15-11.)