(a) Purpose. The purpose of this chapter is to identify land uses which require a Special Permit due to unique characteristics relative to location, design, size, operation, traffic circulation or need for public services and to provide supplemental criteria which shall be applied by the Planning and Zoning Commission Appeals when reviewing the proposed use.
(b) Special Permit Required. Within the Municipality, no building, structure or premises shall be used and no building or structure shall be erected which is arranged, intended or designed to be used for any use specified in this chapter unless a Special Permit has been authorized by the Planning and Zoning Commission.
(c) Powers and Duties of the Planning and Zoning Commission. The Commission shall have the following duties in addition to those defined elsewhere in this Zoning Ordinance.
(1) To grant Special Permits for uses listed in this chapter where it is shown that the special use can be granted a permit without substantial impairment of the general purpose and intent of the zoning district in which the use is proposed to be located and without significant incompatibility with the general character of the neighborhood.
(2) To impose such requirement(s), conditions and appropriate time limitations regarding the location, character or other features of the proposed uses or structures as the Commission feels necessary to carry out the intent and purpose of the Zoning Ordinance and to otherwise safeguard the public safety and welfare.
(3) Upon application by the Village Law Director to revoke any Special Permit whose condition has been violated after notice and opportunity to conform have been given.
(d) Dish Antennae.
(1) Purpose. Regulation of dish antennae is intended to provide guidelines for their approval which accommodate the generally large diameter of satellite dish antennae, provide for screening to mitigate the mass of the dish; provide for the most aesthetically pleasing dish location and safe and appropriate installation.
(2) Permit process. A Zoning Certificate for the installation of dish antennae shall be issued to the owner of the property by the Zoning Administrator or appropriate designee after approval of a Special Permit by the Planning and Zoning Commission. The Commission will base its approval upon a site plan submitted by the applicant and the extent to which the plan demonstrates that the installation of the dish antenna is in conformance with the following guidelines:
A. A dish antenna, when installed in any zoning district, shall be:
1. Located to the rear of the principal building or structure;
2. An accessory use subordinate to the principal use of the site;
3. Mounted in a concrete base in line with grade;
4. Screened from adjacent properties and landscaped;
5. Open mesh type if possible;
6. Wired underground;
7. Properly maintained; and
8. Designed to withstand a wind force of up to seventy (70) miles per hour.
B. A dish antenna, when installed in any Residential Zoning District or Planned Residential Zoning District, or"Condos" shall be:
1. Installed in compliance with the general guidelines for all zoning districts; and
2. Installed as close to grade elevation as possible; and in no case shall be greater than fifteen (15) feet above grade height if turned perpendicular to the ground; and the maximum diameter of any dish antenna shall not exceed twelve (12) feet.
C. Dish antenna, when installed in and Business Zoning District or PCD shall be:
1. Installed in compliance with the general guidelines for all zoning districts;
2. Installed as close to grade elevation as possible; in no case shall be greater than fifteen (15) feet above grade height if turned perpendicular to the ground; and the maximum diameter of any dish antenna shall not exceed twelve (12) feet;
3. Located in yards that are not adjacent to residentially zoned districts; and
4. Removed within six (6) months of ceasing operation or when replaced or unused.
D. A dish antenna, when installed in any Industrial Zoning District shall be:
1. Installed in compliance with the general guidelines for all zoning districts;
2. Compatible in height with the surrounding development;
3. Located in yards that are not adjacent to residentially zoned districts; and
4. Removed within six (6) months of ceasing operation or when replaced or unused.
E. A roof-mounted dish antenna:
1. When installed as an accessory use to a residential structure, shall not be greater than three (3) feet above the roof of the structure it is mounted on; and
2. When installed as an accessory use to structures located in commercial and industrial districts, or permitted non- residential structures in residential districts, shall be reviewed for safety, compatibility with surrounding development and for other design measures that screen or otherwise make the dish antenna appear less obtrusive.
(3) Fee. A fee in such amount as may be established by the Council acting by ordinance or resolution shall be paid to the Municipality for each application for a Special Permit to install a dish antenna.
(4) Exemptions. All dish antennae will require a Zoning Certificate before installation. However, the following types of installations will not require approval of the Planning and Zoning Commission: Any roof-mounted or ground-mounted dish antenna that is three (3) feet in diameter or less, provided that the site plan submitted for zoning compliance demonstrates that the general guidelines were considered.
(e) Communication Towers for Communication Distribution Systems.
(1) Purpose. Towers used in radio, satellite dish, telephone, microwave or other wave length communication for transmission, receiving or relay are subject to regulations herein provided. This communication tower regulation is intended to reserve the opportunity for improved services and technological advances from such consumer-oriented public services; to preserve the quality of life in residential areas close to tower installations; to protect the health and safety of residents from the possible adverse impacts of emissions from the advanced technologies in use; to protect the visual quality and natural beauty of the community as a whole; and to provide guidelines for zoning compliance to protect to general welfare, health and safety of residents in the absence of tower regulations by the Public Utilities Commission of Ohio. It is the intent of this regulation that the towers used for television and radio, cellular telephone systems and dish antennae be erected in locations consistent with the purpose and spirit of the zoning regulations.
(2) Definitions.
A. "Communication Tower" means a structure thirty-five (35) feet or greater in height above grade that is intended for transmitting, receiving or relaying television, radio, telephone or other communications.
B. "Communication Distribution System" includes a broadcast antenna for cellular telephone, AM and FM, microwave and television systems.
(3) Permit process.
A. A Zoning Certificate shall be issued to the owner of the property by the Zoning Inspector or designee after approval of a Special Permit by the Planning and Zoning Commission for a tower thirty-five (35) feet or more in height above grade for use in a communication distribution system and for any support building. Towers less than thirty-five (35) feet in height shall be approved by the approval process outlined in the Zoning Ordinance for building permit and zoning compliance review. The Planning and Zoning Commission shall approve, disapprove or approve with conditions a Special Permit, based on a site plan to be submitted by the applicant and owner of record to the property, as prescribed by the Planning and Zoning Commission. In making its decision, while upholding the purpose of this section, the Board shall consider that the proposed tower and attendant installation be:
1. Permitted only in the Limited and Restricted Industrial zoning district(s), or in a planned district where the tower is a specifically enumerated use;
2. Sited so that all reasonable alternatives for tower placement have been clearly and convincingly demonstrated so that the installation will minimize the visual intrusion of the tower;
3. Shared with other users to minimize the proliferation of towers within the Village of West Jefferson.
4. Detailed in a site plan to include complete structure elevations and a perspective view showing the tower as viewed from all the property lines/lot lines of the proposed site; and
5. Located to minimize the visual impact at base elevation of the proposed structure by a comprehensive landscape plan.
B. Plans submitted for proposed towers shall show conformance with the following development standards:
1. The installation shall be 1,000 feet from the nearest residential use or district, including planned districts for residential use or public park;
2. Minimum setback from all property lines shall be a distance equal to the height of the tower. Setback shall be defined as the distance from the property line to the nearest portion of the structure;
3. Underground wiring to the site shall be required;
4. Equipment, mobile or immobile, not used in direct support of the transmission or relay facility, shall not be stored or parked on the site except in connection with a repair or maintenance being made to the installation;
5. No employees shall be employed on a regular basis at the installation site;
6. The owner of the tower/installation shall annually file with the Planning and Zoning Commission, a declaration ascertaining the continued operations, according to the Commission’s approval, of each tower approved by Special Permit; and
7. Obsolete or unused facilities shall be removed within six (6) months of ceasing operation.
(4) Exemptions. Ham radio installations are permitted in residential districts provided:
A. The ham radio tower is no higher than the highest point of the residence. If the tower is retractable, it shall be measured when retracted;
B. The tower is an accessory use to a permitted principal use of the property;
C. The tower shall be placed to the rear of the principal use;
D. Site plan approval is granted by the Zoning Inspector;
E. All FAA and FCC requirements and building and electrical permit requirements are met.
(5) Fee. A fee in such amount as may be established by the Council, acting by ordinance or resolution, shall be paid to the Municipality for each application for a Special Permit for a communication tower.
(f) Portable Structures and Temporary Uses.
(1) Purpose. Regulation of portable structures such as temporary construction trailers, temporary use trailers and portable classrooms is intended to provide for unusual circumstances or the short term needs of the residents of the Village, and to preserve the quality of life in residential areas and to provide a review process that maximizes the safety and aesthetic appeal of the portable structures and temporary uses and minimizes the duration and intrusion of such structures.
(2) Definitions.
A. "Portable non-residential structure(s)"* means a building(s) or similar structure(s) designed for occupation which is not placed on a permanent foundation. The definition shall include construction trailers, portable classrooms, tents, storage shed, trailers and any other uses which may be proposed for such structures.
*No permit required if use does not exceed fifteen (15) days.
B. "Construction trailer" means a temporary building or structure used as a construction office for a project located on the same site during its construction.
C. "Portable classroom" means a manufactured structure not permanently attached to the ground, used on a temporary basis in conjunction with a permanent structure to provide educational services.
(3) Permit process. A Zoning Certificate shall be issued to the owner of the property by the Zoning Inspector or designee after approval of a Special Permit by the Planning and Zoning Commission for any portable nonresidential structure. The Planning and Zoning Commission shall approve, disapprove or approve with conditions a Special Permit, based on a site plan and a narrative outlining the scope of use to be submitted by the applicant and owner of record of the property according to the rules of the Planning and Zoning Commission. In making its decision, upon the Special Permit application, the Commission shall consider that the proposed structure be:
A. Permitted in any zoning district provided the use of the structure is a permitted use in the zoning district or an accessory use.
B. Located on the site so as to provide safe access to the structure and be served by adequate parking;
C. Screened from view and sensitively located and to show adherence to the standards of the community;
D. Detailed in a dimensioned site plan to include a complete structure elevation, landscape plan and site lighting;
E. Proposed for a limited period of time not to exceed one year. The duration of the proposed Special Permit shall be specified by the applicant and approved by the Commission. Extension of the Special Permit for an additional limited period of time may be permitted by reapplication to the Commission when reasonable progress toward a permanent structure is demonstrated. The Commission shall base its decision on any extension request on the same criteria as the initial Special Permit.
F. Detailed in a narrative noting the specific use proposed and the scope of the intended use; and
G. Proposed in compliance with development standards with respect to parking and landscaping.
(4) Exemptions.
A. Construction trailers are not subject to a Special Permit review by the Planning and Zoning Commission and are permitted in nonresidential zoning districts provided:
1. The location and footprint of the construction trailer is noted on the construction plans submitted and approved for the Zoning Certificate for the project;
2. The construction trailer is used in conjunction with an approved construction project only during actual construction work; and
3. The construction trailer is removed from the construction site upon completion of actual construction work or when construction has been discontinued for a period of thirty (30) days or more.
B. Construction trailers are not subject to a Special Permit by the Planning and Zoning Commission and are permitted in residential zoning districts provided:
1. A site plan approval is issued by the Zoning Inspector to show agreement between the Municipality and residential developer as to the location of the construction trailer.
C. Tents are not subject to a Special Permit review by the Planning and Zoning Commission and are permitted in nonresidential planned districts provided:
1. A site plan approval is issued by the Zoning Inspector;
2. The use for which the tent is proposed is a temporary accessory use to a permitted principal use on the same site; and
3. The tent is approved by the Jefferson Township Fire Department.
(5) Fee. A fee in such amount as may be established by Council acting by ordinance or resolution shall be paid to the Municipality for each application for a Special Permit for Portable Structures and Temporary Uses.
(g) Model Homes in Residential Districts.
(1) Purpose. Regulation of model homes is intended to preserve the opportunity for potential residents of West Jefferson to inspect housing available with the Municipality; to provide home builders a forum to demonstrate housing types; to preserve the quality of residential life for nearby residents; and to protect residential area from uses which are not residential in nature.
(2) Definition. "Residential model home" means a residential structure used by a home builder/developer, real estate worker or Realtor to demonstrate construction, display built-in amenities and color selection charts to prospective home buyers and promote the sale or lease of housing units. The model home may be staffed and furnished.
(3) Permit process. A Zoning Certificate shall be issued to the owner of the property by the Zoning Inspector or appropriate designee after approval of a Special Permit by the Planning and Zoning Commission for a model home. The Planning and Zoning Commission shall approve, disapprove or approve with conditions, a Special Permit based on its proposed location in the community. In making its decision, the Commission shall consider that the proposed model home be:
A. Sited so that it is easily accessible and identifiable;
B. Integrated into the residential character of the neighborhood with external lighting approved on a case-by-case basis. No exterior lighting other than usual and customary residential lighting shall be permitted at the model home after 9:00 p.m.
C. Approved for a limited duration not to exceed two (2) years for model homes in a new subdivision and not to exceed one year in developed or mature neighborhoods. Extension of the duration of model homes may be permitted by application to the Planning and Zoning Commission. The Commission shall consider the same criteria in approving extensions as is prescribed for initial applications.
D. Identified by no more than one sign in compliance with the Sign Code;
E. The Special Permit application will describe the use proposed for the model home including:
1. Hours of operation.
2. Number of employees.
3. Maximum number of employees to be on site at any time.
4. Provision for parking for employees and customers.
F. Parking. All model homes shall provide off-street, paved parking for the public.
(Ord. 22-089. Passed 12-5-22.)