(a) Assembly Hall, Membership Club, Conference Center:
(1) All activities, programs and other events shall be directly related to the conditional use so granted.
(2) The proposed use shall not generate excessive noise beyond the premises.
(3) In order to minimize any effects of the above, the Planning and Zoning Commission may require additional noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District.
(b) Automotive Related.
(1) Motor vehicle sales and rental:
A. Service garage, leasing department and other activities customarily incidental to a full service franchised automobile dealer shall be permitted as accessory to the sale of autos provided these activities are conducted in a wholly enclosed building.
B. Only repair of vehicle customarily associated with the permitted vehicle sales shall be permitted and shall be conducted entirely inside a suitable building.
C. No junk, inoperative or unlicensed vehicle will be permitted to remain outside on the property for more than 48 hours.
(2) Requirements for Gasoline Stations/Pumps; Automobile Service Stations; and Vehicle Repair Garage:
A. No inoperative motor vehicles, equipment, or parts shall be permitted to remain outside on the property.
B. Except while being serviced at a pump island, no vehicle shall be parked between the fuel pumps and the front property line.
C. A car wash establishment may be combined with a gasoline station or an automobile service station provided that the minimum lot size for the combined uses is a minimum of 50,000 square feet.
D. When located on a corner lot, the facility shall have not less than 150 feet frontage on each of the two intersecting streets. The location of access drives shall be placed as far as possible from the intersection; and shall be limited to no more than one (1) access drive per street frontage.
E. Vehicle parking areas, vehicle storage areas, maneuvering lanes and access ways to public streets shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on and adjacent to the site.
(3) Gasoline Station. The only services permitted to be performed at a gasoline station shall be the dispensing of fuel, oil, air, and windshield wiper fluid and other common vehicular liquids and lubricants.
(4) Automobile Service Station. Automobile service stations shall not provide services to vehicles that exceed one and one-half tons in capacity. All activities, except those required to be performed at a fuel pump, air dispenser or self-serve automobile vacuum, shall be conducted entirely within a building or garage.
(5) Automobile Service Stations, Motor Vehicle Body Shop, and Vehicle Repair Garage. For automobile service stations and vehicle repair facilities, parking shall be located behind the front line of the principal building. An exception to this requirement may be granted where necessary due to the shallow depth of a parcel, its irregular shape, or other similar circumstances.
(6) Automotive Service Stations and Vehicle Repair Garage. No oil draining pit or visible appliance for any such purpose, other than filling caps, shall be located within ten (10) feet of any street right-of-way or within twenty-five (25) feet of any residential district, except where such appliance or pit is within a building.
(7) Motor Vehicle Body Shop. No inoperative motor vehicles, equipment, or parts shall be permitted to remain outside on the property.
(c) Car wash.
(1) Such facilities shall be located on a major or secondary street in an area least disruptive to pedestrian and vehicular traffic.
(2) Any proposed loudspeaker system shall be approved as part of the conditional use application.
(3) All access drives shall be located as far as practicable from existing intersections in order to minimize congestion and constricted turning movements.
(4) Alleys or driveways abutting residentially zoned parcels shall not be used for circulation of customer traffic.
(d) Cemetery.
(1) Interior drives shall be installed, including the required pavement, as development progresses and as indicated on the final plans approved by the Planning and Zoning Commission.
(2) Sufficient parking spaces shall be provided throughout the cemetery so as not to hinder traffic flow.
(3) No gravesite shall be located within 50 feet of a public street right-of-way or residential property line.
(4) No mausoleum or crematory shall be located within 100 feet of a public street right-of-way or residential property line.
(e) Church; Place of Worship; Library; and Other Places of Assembly.
(1) Associated uses such as a convent, faculty residence, cafeteria, fieldhouse, or infirmary shall be located on the same lot as the principal use and comply with the principal building setback requirements set forth in the applicable zoning district.
(2) In any district, the Planning and Zoning Commission may require all outdoor children's activity areas to be enclosed by a fence or wall having a height of at least five (5) feet but not exceeding six (6) feet. An entry gate shall be securely fastened.
(3) The development plan shall indicate the emergency entrances or exits.
(4) In order to minimize any effects of the above uses, the Planning and Zoning Commission may require additional noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District. In addition, the Planning and Zoning Commission may limit the hours/days of operation to insure that the use is compatible with surrounding land uses.
(5) In Residential Districts:
A. Such uses should be located on a major or secondary street or have direct access to a major or secondary street to minimize impacts on local streets and residential neighborhoods.
B. All access drives shall be located as far as practicable from an existing intersection in order to maximize traffic safety and minimize congestion and constricted turning movements.
C. All activities, programs and other events shall be directly related to the conditional use permit so granted, and shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.
(6) In Single-family Residential Districts. The maximum lot coverage shall be forty-five percent (45%).
(f) Commercial Recreation, Indoor:
(1) The proposed use shall not generate excessive noise beyond the premises.
(2) In order to minimize any effects of the above, the Planning and Zoning Commission may require additional noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District.
(3) Buildings in which dance floor/entertainment is provided shall be located a minimum of 100 feet from a residential district.
(4) The Planning and Zoning Commission may limit the hours of operation to ensure that the proposed use is compatible with the surrounding uses.
(5) Such uses shall be located on a major or secondary street or have direct access to a major or secondary street.
(6) Such establishment shall be located so as to minimize the amount of space located in a retail setting that is inactive during normal business hours. Such facilities are encouraged to have associated retail uses located in the first floor space nearest the street or sidewalk to contribute to the retail environment of the zoning district.
(g) Community Recreation Facility:
(1) Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.
(2) The Planning and Zoning Commission may require active recreation areas to be enclosed by a fence, which complies with the requirements for fences in the applicable zoning district, having a minimum height of five (5) feet.
(3) All activities, programs and other events shall be directly related to the conditional use permit so granted, and any proposed changes from the approved conditional use permit shall be reviewed and approved by the Planning and Zoning Commission according to the procedures in Chapter 1111.
(4) An adequate number of public restrooms shall be provided and maintained.
(5) The Planning and Zoning Commission may limit the hours of operation to ensure that the proposed use is compatible with the surrounding uses.
(6) In a residential district, only incidental retail uses such as a snack bar, shall be permitted as an accessory use. Such facility shall be provided for the convenience of customers attending the Community Recreation Facility, and no sign advertising the retail use shall be permitted.
(7) Swimming pools shall comply with the following additional requirements:
A. Pools shall be adequately fenced to prohibit unauthorized access to the facility.
B. Pools and their enclosures shall have a minimum front setback of fifty (50) feet and a side and rear setback of thirty (30) feet.
C. The enclosure required in sub-section A. above shall be kept locked at all times the pool is not in use.
D. The Planning and Zoning Commission may limit the maximum lot coverage of related buildings and lounging/deck areas.
(h) Day Care Facility, Child or Adult.
(1) For the protection of children and adults enrolled in the day care center, a fence or wall having a height of at least five (5) feet shall enclose all outdoor activity areas. An entry gate shall be securely fastened.
(2) A drop-off/pick-up location that will not impede traffic on or off the site shall be provided to ensure the safety of the children and adults.
(3) In an R-1 and R-2 Districts, such use shall only be permitted as an accessory use in a church, other place of worship, or a school facility.
(4) The location and design of the facility shall provide for the protection of the children and adults from the traffic, noise, and other hazards of the area and/or the major street location.
(5) A day care center for children shall comply with the following:
A. An outdoor play area equal in area to the ground floor area of the day care facility is required. The required outdoor activity area shall not be located closer than fifty (50) feet to any residential property.
B. Play structures and other similar apparatus shall not be located closer than fifty (50) feet to any residential property.
(i) Drive-thru Facility in Association with a Permitted Use; Freestanding Automated Teller Machine.
(1) Such facilities shall be located on a major or secondary street in an area least disruptive to pedestrian and vehicular traffic.
(2) Any proposed loudspeaker system shall be approved as part of the development plan.
(3) All access drives shall be located as far as practicable from an existing intersection in order to minimize congestion and constricted turning movements.
(j) Family Day Care Home, Type A.
(1) Parking shall be located behind the front line of the principal building. An exception to this requirement may be granted when necessary due to the shallow depth of the parcel, the location of mature trees, or other similar circumstances. Use of alternative pavements, such as brick pavers, is encouraged.
(2) A paved off-street drop-off area and pick up area shall be provided.
(3) This facility shall be located at least 500 feet from another such facility, an adult care facility for six (6) to sixteen (16) persons, or a residential facility for nine (9) to sixteen (16) persons. Separation distances are measured from property line to property line by the shortest distance.
(4) A copy of the site plan and descriptive plan of operation submitted to the applicable State agency shall be submitted.
(5) Exterior lighting shall be residential in character and compatible with the surrounding neighborhood.
(6) No exterior changes shall be made that are non-residential in character.
(7) A driveway entrance meeting the standards for single-family residential construction shall be provided.
(8) The use of alternative paving material, such as brick pavers or porous pavement is permitted and encouraged to retain the residential character in the single family residential districts.
(k) Funeral Home. In no case shall vehicles be permitted to wait or stack within the public right-of-way.
(l) Kennel, Animal Hospital/veterinary Office with Outdoor Facilities. Outdoor animal areas shall:
(1) Be located in the rear yard;
(2) Have a minimum side setback of thirty (30) feet and a minimum rear setback of fifty (50) feet;
(3) Have a minimum setback of 200 feet from any residential zoning district boundary;
(4) Be a maximum of twenty-five percent (25%) of the gross floor area of the principal building.
(5) Odor and noise shall be adequately controlled to ensure that animals do not create a nuisance.
(6) Within the required setbacks above, screening shall be provided pursuant to Section 1155.07 (g).
(7) Facility shall be operated in accordance with all applicable State of Ohio and Lake County Health Code regulations.
(m) Multi-Family.
(1) The principal orientation of all the multi-family buildings shall be the public street on which the lot has frontage. There shall be at least one entrance, for each building facing the street, and the principal windows of the multi-family units shall also face this public street.
(2) Vehicular entrances to the multi-family development shall be minimized and designed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any adjacent residential neighborhood.
(3) All accessory structures shall be located behind the rear building line of the multi-family dwellings.
(4) Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.
(n) Public Service; Public Safety/maintenance Facility.
(1) In residential districts facilities shall be limited to structures that are essential for the distribution of services to the local area.
(2) In residential districts there shall be no outdoor storage of general materials.
(3) Outdoor storage of fleet vehicles used in the operation of the facility may be permitted provided such storage areas are located in the side or rear yard in off-street parking areas and are screened in accordance with Section 1141.07, Outdoor Storage Regulations.
(o) Recreation Facilities Including: Commercial Recreation, Outdoor; Public Swimming Pool; Golf Course, Except Miniature Golf:
(1) The Planning and Zoning Commission may require active recreation areas to be enclosed by a fence having a minimum height of five (5) feet.
(2) The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises. In order to minimize any effects of the above, the Planning and Zoning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District.
(3) Rifle ranges, skeet shooting ranges, pistol ranges, and other activities involving the use of firearms shall not be permitted.
(4) Delivery trucks shall not be used as refreshment stands, souvenir stands and/or concession stands.
(5) All activities, programs and other events shall be directly related to the conditional use permit so granted, and shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.
(6) An adequate number of public restrooms shall be provided and maintained.
(7) Vehicular approaches to the property shall be designed so as not to create an interference with traffic on surrounding public streets or roads.
(8) In a residential district, only incidental retail uses such as a snack bar, shall be permitted as an accessory use to a golf course. Such facility shall be provided for the convenience of customers attending the golf course and no sign advertising the retail use shall be permitted.
(9) The Planning and Zoning Commission may limit the hours of operation to ensure that the proposed use is compatible with the surrounding uses.
(10) Swimming pools shall comply with the following additional requirements:
A. Pools shall be adequately fenced to prohibit unauthorized access to the facility.
B. Pools and their enclosures shall comply with the building setback requirements set forth for the district in which the pool is located.
C. The enclosure required in subsection (o)(10)A. above shall be kept locked at all times the pool is not in use.
D. The Planning and Zoning Commission may limit the maximum lot coverage of related buildings and lounging/deck areas.
(11) Golf courses, including tees, fairways, greens and golf driving ranges shall be designed and landscaped in such a manner as to reasonably prevent a misfired ball from landing out of the golf course.
(p) Residential Facility for 9-16 Persons.
(1) All activities, programs and other events shall be directly related to the conditional use certificate applied for and as it is granted, and any changes from the approved conditional use certificate shall be reviewed and approved by the Planning and Zoning Commission according to the Procedures in Chapter 1111. All activities, programs and other events shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.
(2) The architectural design and site layout of the residential facility and the height of any walls, screens, or fences connected with any said group home shall be compatible with adjoining land uses and the residential character of the neighborhood.
(3) The applicant shall demonstrate that adequate qualified supervision will exist in the home on a 24-hour per day basis.
(4) The applicant shall comply with the applicable parking regulations of the Planning and Zoning Code and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors. The use of alternative pavements such as brick pavers is encouraged. Parking for visitors and employees shall be located behind the front building line. An exception to this requirement may be granted due to the shallow depth of the parcel, the location of mature trees, or other similar factors.
(5) The residential facility shall meet local fire safety and building code requirements for the proposed use and level of occupancy.
(6) Evidence shall be presented that the proposed facility meets the certification, licensing or approval requirements of the appropriate state agency. Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the facility’s conditional use certificate.
(7) In considering whether to grant the conditional use certificate, the Planning and Zoning Commission shall take into consideration the proximity and location of other such facilities within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use, but in no event shall a such a facility be closer than 1,000 feet from where an adult care or residential facility is located.
(q) School, (Public/private) College/university.
(1) Such establishment should be located so as to minimize the amount of space located in a retail setting that is inactive during normal business hours. Such establishments are encouraged to have associated retail uses located in the first floor space nearest the street or sidewalk to contribute to the retail environment of the zoning district.
(2) Applicants must clearly demonstrate that the use will be compatible with the surrounding land uses and the surrounding built environment, particularly with regarding to traffic circulation, parking and appearance.
(3) Points of ingress and egress to the site shall be minimized and placed in such a way as to maximum safety, maximize efficient traffic circulation, and minimize the impact on the surrounding area.
(4) All activities, programs, and other events shall be directly related to the approved conditional use certificate and shall be adequately monitored so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.
(5) Building and roof design. The building and roof shall be designed to be compatible with surrounding development. Considerations include design elements that break up long, monotonous building or rooflines and any other design elements that are compatible with the desired character of the District.
(6) Building materials. The materials used for buildings, roofs, fences and other structures shall be compatible with the surrounding built environment and/or the desired character of the District.
(7) Facades facing public streets. The design and layout of the street side of the site shall provide a varied and interesting facade. Considerations include the use of setbacks, building placement, roof design, variations in materials and building walls as well as other structural elements.
(8) Landscaping. The landscaping on the site shall provide appropriate transition from commercial to residential districts; separates and buffers the buildings from other uses especially abutting residential districts; and provides visual relief from stark, linear building walls.
(r) School, (Public/private) Elementary/secondary.
(1) General Requirements.
A. Such uses should be located on a major or secondary street or have direct access to a major or secondary street to minimize impacts on local streets and residential neighborhoods, with the exception of elementary schools. Elementary schools may be located on local streets provided documentation is supplied that indicates a majority of students are within walking distance of the elementary school.
B. All access drives shall be located as far as practicable from existing intersections in order to maximize traffic safety and minimize congestion and constricted turning movements.
C. All activities, programs and other events shall be listed on the conditional use application and be directly related to the conditional use certificate so granted. These activities shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general. If any additional activities are proposed that were not included on the approved conditional use certificate, then a new conditional use certificate shall be requested according to the procedures in this Chapter 1111.
D. The structure shall be street oriented with the principal entrance oriented toward the public street.
E. A pedestrian walkway shall be provided from the public sidewalk to the principal entrance.
(2) Requirements in the Residential Districts.
A. The maximum lot coverage is fifty (50) percent.
B. Parking shall be located behind the front line of the principal building. An exception to this requirement may be granted where necessary due to the shallow depth of a parcel, the location of existing mature trees, or other similar circumstances.
C. Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.
D. Exterior lighting shall be compatible with the surrounding neighborhood.
E. Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.
F. The scale, massing, and building design shall be compatible with the surrounding neighborhood.
(s) Utility Substation/distribution Facility: Indoor and Outdoor.
(1) Public utility structures, including substations, shall be permitted as a conditional use only when the distribution of service is essential to the immediate neighborhood or when topological features restrict the location of such facility.
(2) Natural or man-made barriers shall be provided to lessen any intrusion into a residential area.
(3) Storage of materials shall be within a completely enclosed building.
(4) Substations, as measured from the outermost edge of the facility, shall be located a minimum of 50 feet from any residential property line.
(Ord. 2006-35. Passed 5-25-06.)