In addition to the general standards of Section 1262.03 applicable to all conditional uses, additional requirements may be applicable to specific conditional uses and shall be satisfied in order to obtain approval. Conditional uses for which added requirements apply are:
(a) Commercial.
(1) Drive-through businesses, excluding restaurants.
A. The drive-up or drive-through facility must be attached to a building, except that an automated teller machine may be in a stand-alone structure with a canopy or similar roof to protect users from the elements.
B. The facility shall be screened from any adjacent residential district or use and lighting shall be limited and fully shielded to prevent glare and light trespass.
C. Drive-through and stacking lanes and parking lot access shall be clearly identified and delineated.
D. A drive-through shall have an escape lane to allow a vehicle to pass those waiting to be served.
E. All drive-through service windows shall be located on the side or rear of the building to minimize visibility from any abutting street.
F. Amplified speakers and sound equipment shall be located at least 50 feet from any adjoining residential property. Additional landscaping and fencing shall be installed between such equipment and the adjoining residential property to minimize associated noise impacts.
G. At least three stacking spaces shall be provided per each drive-through lane.
(2) Mortuaries and funeral homes.
A. Lighting for parking areas or outdoor activity areas shall be shielded to prevent light from spilling onto any residential district or use.
B. Minimum lot area shall be one acre and minimum lot width shall be 150 feet.
C. An off-street vehicle assembly area shall be provided to be used in support of funeral processions and activities. This area shall be in addition to the required off-street parking and its related maneuvering area.
D. Access driveways shall be located no less than 100 feet from the centerline of the intersection of any street or other driveway.
(3) Retail of 10,000 square feet or more.
A. The building and site design shall be compatible with and complementary to the established character of the district with respect to scale, height, bulk, setbacks, building materials and pedestrian and bicycle transportation amenities.
B. Off-street parking areas shall be designed to minimize their visibility and obtrusiveness from the adjacent street(s).
C. No new driveways or other means of vehicular access shall be permitted on Xenia Avenue between Limestone and Corry Streets.
(b) Industrial.
(1) Chemical manufacturing and storage.
A. As part of the conditional use application, the applicant shall provide documentation, reports, studies and other materials required by the Village specifying the materials to be handled, safety measures, existing soil conditions, methods of protecting ground water and all other information required by the Village in the course of reviewing the proposed use and its location.
B. The facility shall at all times operate according to all applicable local, Greene County, State of Ohio and Federal regulations, and safety measures shall be implemented and in use at all times.
C. There shall be no storage of hazardous materials outdoors, except in tanks or containers designed for that purpose that are inaccessible to anyone not authorized to process or handle such materials, and that meet all applicable safety regulations.
D. The applicant shall provide a disaster mitigation plan and fire pre-plan, approved by the appropriate authorities, as part of the application for a conditional use.
E. Truck routes to and from the facility shall be subject to approval.
(c) Public/Quasi-Public.
(1) Churches, places of worship, schools (elementary, middle and high).
A. The use shall have frontage on and direct access to an arterial or collector street. Secondary access to a local street may be permitted if the applicant provides evidence satisfactory to the Planning Commission that the added traffic will not have a negative impact on the surrounding neighborhood.
B. All outdoor activity, parking areas and recreational space shall be screened from adjacent property in any residential district.
C. Exterior lighting shall be 90-degree style cut-off fixtures, directed away from adjacent property and the public right-of-way.
D. Parking areas shall not be located within the required front setback area and the building setback shall be consistent with the established average setback of adjacent properties, as provided in Section 1260.02(a).
(d) Recreation/Food/Entertainment.
(1) Mobile vending (food trucks).
A. Food trucks may be permitted to operate within the B-1, B-2, E-I, I-1 and I-2 zoning districts.
B. The food truck shall be located only within an approved off-street parking lot; provided, the food truck shall not displace any required parking spaces.
C. The food truck shall not be located closer than ten feet to any driveway.
D. Outdoor seating may be permitted; provided, written permission is obtained from the property owner and the seating area does not displace any required parking spaces.
E. Amplified sound and free-standing signs shall not be permitted.
F. The food truck shall be stationary at all times when open for business.
G. The owner or an employee shall be present within the vehicle at all times while open for business.
H. Access to restroom facilities must be available.
I. The owner or operator of the food truck shall provide trash receptacles, other than public receptacles.
J. All equipment, other than outdoor seating, shall be inside, attached to or within three feet of the food truck.
K. Evidence of Greene County health department approval shall be provided.
L. Disposal of wastewater shall be into the sanitary sewer system. Wastewater must be filtered to minimize discharge of grease and solid matter into public sewers. The use of storm drains or any other form of discharge is prohibited.
M. The conditional use approval shall be reviewed annually by the Village Manager to ensure compliance with all standards of this section and any other conditions that may have been imposed upon the original approval.
(2) Internet sweepstakes café.
A. A license shall be obtained in accordance with Village Ordinance 2011-12.
B. An internet sweepstakes café shall be located no closer than 500 feet from any school, church, public park, library or other internet sweepstakes café, as measured from nearest property line to nearest property line.
C. Hours of operation shall be limited to 9:00 a.m. to 11:00 p.m., Monday through Saturday.
(3) Outdoor commercial recreation.
A. The front, side and rear yard minimum setbacks shall be 50 feet for all buildings and outdoor components of the recreational facility.
B. The parking setback shall be 20 feet from lot lines in the front, side and rear yards in nonresidential zoning districts and 50 feet from lot lines in residential districts.
C. Building design and materials shall be compatible with the existing or intended character of the surrounding area.
D. An operations plan describing the nature of the use, hours of operation, etc. shall be provided.
E. The Planning Commission may also establish conditions to minimize negative impacts on nearby uses and traffic operations along public streets, such as, but not limited to hours of operation, noise buffering and location of waste receptacles.
(4) Restaurants, drive-through.
A. Sufficient vehicular stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. A minimum of eight stacking spaces for each service ordering station shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation, parking spaces and egress from the property by vehicles not using the drive-through portion of the facility.
B. A minimum of two parking spaces shall be provided in close proximity to the exit of the drive-through portion of the operation, to allow for customers waiting for delivery of orders.
C. Public access to the site shall be located at least 100 feet from any intersection or other driveway on the same side of the street, as measured from the nearest right-of-way line to the nearest edge of the access.
D. Internal circulation and access to egress from the site shall not substantially impair the movement of other modes of transportation, such as bicycles and pedestrians, to and through the site.
E. Amplified speakers and sound equipment shall be located at least 50 feet from any adjoining residential property. Additional landscaping and fencing shall be installed between such equipment and the adjoining residential property to minimize associated noise impacts. Noise levels must comply with the Village noise ordinance (Chapter 634).
(5) Sexually oriented business.
A. Intent. In the development and execution of these zoning regulations, it is recognized that some uses, because of their very nature, may have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby causing a deleterious effect upon the adjacent areas. The proximity of sexually oriented businesses to certain uses considered particularly susceptible to the negative impacts of the concentration of sexually oriented uses tends to erode the quality of life, adversely affect property values, disrupt business investment, encourage residents and businesses to move or avoid the community, increase crime, and contribute to a blighting effect on the surrounding area. There is convincing documented evidence of the deleterious effect that sexually oriented businesses have on both existing businesses around them and the surrounding residential areas to which they may be adjacent. Therefore, the following intents are served by these regulations:
1. This subsection describes the uses regulated and the specific standards necessary to ensure that the adverse effects of these uses will not contribute to the deterioration of the surrounding neighborhood, to prevent undesirable concentration of these uses, and to require sufficient spacing from uses considered most susceptible to negative impacts.
2. These provisions are not intended, nor shall they have the effect of, imposing a limitation or restriction on the content of any communicative materials including, but not limited to, sexually oriented materials that are protected by the First Amendment to the United States Constitution.
3. Additionally, it is not the intent of the provisions of this section, nor shall it have the effect of, restricting or denying access by adults to sexually oriented materials that are protected by said Federal and State constitutions.
4. Further, it is not the intent of these provisions, nor shall they have the effect of, denying access by the distributors and exhibitors of sexually oriented entertainment to their target market.
5. These regulations shall not be interpreted as intending to legitimize any activities that are prohibited by Federal or State law, or by any other code of the Village.
B. Uses regulated. The following uses are regulated by this subsection and defined for purposes of regulating sexually oriented businesses:
1. Adult arcade.
2. Adult book store.
3. Adult cabaret, club, bar or lounge.
4. Adult motel.
5. Adult motion picture theater.
C. Regulations.
1. No sexually oriented business shall be permitted in a location in which any principal building or accessory structure, including signs, is within 1,320 feet of any principal building or accessory structure of another sexually oriented business.
2. No sexually oriented business shall be established on a parcel within 500 feet of any parcel in a residential district or any parcel used for a single-family, two-family or multiple-family residence, public park, school, child care facility, church or similar place of worship, public library, Village office, police department or fire department, youth center, or commercially operated school attended by children such as, for example, dance schools, gymnastic centers, etc. The distance between a proposed sexually oriented business and any such zoned area or existing use shall be measured in a straight line from the nearest property line upon which the proposed sexually oriented business is to be located to the nearest property line of that zoned area or existing use.
3. Any sign or advertising for the sexually oriented business must comply with the provisions of this code. No sign or advertising may include photographs, silhouettes, or drawings of any specified anatomical areas or specified sexual activities, or obscene representations of the human form and may not include animated or flashing illumination.
4. The entrances to the proposed sexually oriented business at both the exterior and interior walls, in a location visible to those entering and exiting the business, must be clearly marked with lettering at least two inches in height stating:
a. "Persons under the age of 18 are not permitted to enter the premises;" and
b. "No alcoholic beverages of any type are permitted within the premises."
5. No product or service for sale or gift, or any picture or other representation of any product or service for sale or gift, shall be displayed so as to be visible by a person of normal visual acuity from the nearest adjoining roadway or a neighboring property.
6. Hours of operation shall be limited to 9:00 a.m. to 11:00 p.m., Monday through Saturday.
7. All off street and on-site parking areas shall comply with this code, based on the primary use (i.e., retail, assembly, etc.) and shall additionally be illuminated at all times.
8. Any booth, room or cubical available in any sexually oriented business that is used by patrons for the viewing of any entertainment shall:
a. Be unobstructed by any door, lock or other entrance and exit control device;
b. Have at least one side totally open to a public, lighted aisle so that there is an unobstructed view at all times from the adjoining aisle of any occupant;
c. Be illuminated such that a person of normal visual acuity looking into the booth, room or cubical from its entrance adjoining the public lighted aisle can clearly determine the number of people within;
d. Have no holes or openings in any side or rear wall not relating to utility, ventilation or temperature control services or otherwise required by any governmental code or authority.
D. Conditions of approval. Prior to granting approval for the establishment of any sexually oriented business, the Planning Commission may impose any conditions or limitations upon the establishment, location, construction, maintenance, or operation of the sexually oriented business which is necessary for the protection of the public interest. Any evidence, bond, or other performance guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.
E. Access to minors. No person operating a sexually oriented business shall permit any person under the age of 18 to be on the premises of the business as an employee, customer, or otherwise.
(e) Residential.
(1) Accessory dwelling units.
A. An accessory dwelling unit may be located within a principal single-family detached dwelling or a detached accessory building on the same lot as a principal dwelling.
B. The accessory dwelling unit shall share all public utilities (water/ sewer/electric) with the principal dwelling unit. Accessory dwelling units will not be separately metered.
C. A minimum of one off-street parking space shall be provided on the lot for the accessory dwelling unit in addition to the off-street parking spaces required for the principal dwelling unit.
D. The accessory dwelling unit shall be limited in size to a maximum of 66% of the total living area of the principal dwelling or 800 square feet of the total living area of the principal dwelling or 800 square feet, whichever is less.
E. The accessory dwelling shall contain a living area, one bath and a kitchenette (including a refrigerator, microwave oven and/or stove, and sink) and may contain not more than one bedroom.
F. No more than two adults shall occupy the accessory dwelling unit.
G. No new access points or driveways shall be created or installed for access to the accessory dwelling unit.
(2) Bed and breakfasts.
A. A bed and breakfast shall not provide more than six guest rooms plus a common area for use by all guests.
B. A bed and breakfast establishment shall be located only in a detached single-family dwelling, designed and constructed for single family use, which shall contain at least 1,500 square feet of useable floor area. For each guest room in excess of two, an additional 100 square feet of floor area shall be required.
C. The bed and breakfast shall be the principal residence of the owner or manager, who shall reside there when the bed and breakfast is in operation.
D. Meals shall be limited to breakfast and evening snack, and shall be served only to guests of the facility and members and guests of the owner's family.
E. There shall be at least one off-street parking space provided for each guest room, in addition to the parking spaces required to serve the principal residence.
F. One sign, not exceeding four square feet, shall be allowed for identification purposes only and shall either be mounted on the front wall of the dwelling or placed within the front yard no closer than ten feet to the front lot line. Sign lighting shall be indirect and shielded from view off-site. Internally lighted signs are not permitted.
G. Cooking facilities shall not be permitted in bed and breakfast guest rooms.
H. Exterior refuse storage facilities shall be screened from view on all sides by a six-foot solid decorative fence, wall, vegetation or similar visual barrier.
I. In addition to the site plan required by this chapter, a floor plan of the dwelling unit and the use of each room shall be submitted with the conditional use application.
(3) Boarding houses.
A. The boarding house shall front on and have direct access to an arterial or collector street.
B. A maximum of ten guest rooms may be permitted.
C. Off-street parking shall be provided at a ratio of one space per guest room. The parking area shall be located in the rear yard and screened from adjoining properties.
D. One sign, not exceeding four square feet, shall be allowed for identification purposes only, and shall either be mounted on the front wall of the dwelling or placed within the front yard no closer than ten feet to the front lot line. Sign lighting shall be indirect and shielded from view off-site. Internally lighted signs are not permitted.
(4) Dwelling units on upper floors with nonresidential at street level.
A. Dwelling units shall not be located on the street level of a mixed use building.
B. Nonresidential uses, including storage, shall not be located on the same floor as a dwelling unit.
(5) Home occupation.
A. Permit. Application for a home occupation permit shall be made to the Zoning Administrator, together with payment of such fee as may be established by Village Council. The requirement for a permit shall be waived if all of the following conditions apply to the home occupation: the proposed home occupation will not employ any persons other than residents of the dwelling; the home occupation is such that it will not generate customers, clients or visitors to the home; there will be no sign on the property identifying the home occupation and all other provisions of this section shall be met.
B. If the Zoning Administrator cannot determine if the home occupation conditional use requirements are met, in his or her sole discretion the Zoning Administrator may refer the matter to the Planning Commission for a conditional use hearing in accordance with the procedures of this chapter.
C. The use shall be conducted entirely within the dwelling, with the following exception(s):
1. The use may be conducted entirely within a garage or accessory building unattached to the dwelling in property zoned R-A, or R-B or R-C as long as the use is not prohibited in a Planned Unit Development, recorded deed restrictions or other similar applicable recorded restrictions upon the parcel.
2. Any dwelling, garage or accessory building used in the home occupation shall comply with all other applicable Village ordinances and requirements and shall not be nonconforming with respect to lot, width and dimensional requirements.
D. The use shall be carried on only by the residents of the dwelling and not more than one other person.
E. The use of the dwelling for a home occupation must be clearly accessory, incidental and subordinate to the permitted principal residential use, and shall not utilize more than 20% of the usable floor area of the principal dwelling or its equivalent if conducted within an accessory building, or 250 square feet , whichever is less.
F. The appearance of the dwelling shall not be altered, nor shall the occupation within the dwelling be conducted in any manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or the emission of sounds, vibrations or light that carry beyond the premises.
G. No outdoor storage, activities or displays shall be permitted.
H. No combustible, toxic or hazardous materials may be used or stored on the premises, except in a safe manner and in full compliance with all Federal, State and other governmental requirements concerning the use, handling, transport, storage and disposal of any such materials.
I. There shall be no activity that would interfere with radio or television transmission in the area, nor shall there be any offensive noise, vibrations, smoke, dust, odors, heat or glare noticeable at or beyond the property line. The use shall not create a nuisance for the public and any surrounding property.
J. Traffic generated by the combined home and home occupation shall be compatible with traffic normally expected in a residential district. Vehicles used in the home occupation or making deliveries shall be no larger than utility vehicles commonly used for noncommercial purposes, i.e, pick-up trucks, vans, panel trucks and the like and parcel package delivery trucks.
K. The home occupation shall not entail more than eight client visits per day or 40 per week. The operator of the home occupation is responsible for maintaining a log of such visits.
L. Parking of motor vehicles shall be limited to one vehicle used for the home occupation per parcel. Parking generated by the conduct of the home occupation shall be provided for on the lot's driveway, which shall meet the minimum size requirements for off-street parking set forth in Chapter 1264. Parking of motor vehicles generated by the home occupation are not allowed on the street or on any unpaved area of the lot.
M. In the event any of the above conditions or other conditions required by the Planning Commission are not met, the revocation process as set forth in Section 1262.06 shall take place.
(6) Pocket Neighborhood Developments (PNDs). The following regulations apply to Pocket Neighborhood Developments (PNDs):
A. Location.
1. Pocket Neighborhood Developments may be considered in only the three residential districts; Residential A - Low Density Residential District,
2. Residential B - Moderate Density Residential District
3. Residential C - High Density Residential District.
B. Density and Minimum Lot Area.
1. In Residential A, the permitted density shall be a maximum of six units per acre.
2. In Residential B, the permitted density shall be a maximum of eight units per acre.
3. In Residential C, the permitted density shall be a maximum of fourteen units per acre.
4. The minimum lot area for a PND is equal to the minimum lot requirements for the corresponding residential district.
5. On a lot to be used for a PND, the lot size maximum must be under five acres.
6. On a lot to be used for a PND, a minimum of four dwelling units around a common open space area are required.
7. On a lot to be used for a PND, an existing single-family dwelling or duplex structure, which may be nonconforming with respect to the standards of this section, shall be permitted to remain, but the extent of the nonconformity may not be increased, and the existing structure will factor into the maximum lot coverage permitted for that residential zoning district. An existing single-family dwelling or duplex structure will only count as one dwelling unit towards the minimum of four dwelling units as noted in subsection B.6. An existing accessory dwelling unit (ADU) will not be allowed in a PND. An existing ADU may be converted to another use such as a storage building, HOA community room or HOA guest housing.
C. Height Limit and Roof Pitch.
1. The height limit permitted for structures in PNDs shall be a maximum of thirty-five feet for each dwelling unit, and rooflines must present a distinct profile and appearance and express the neighborhood character.
D. Lot Coverage.
1. The maximum lot coverage permitted for principal dwelling units in PNDs shall be limited to that allowed in the corresponding residential zoning district. Because PNDS shall be located on one lot under the control of a Home Owner's Association (HOA), the developer and/or the Greene County Engineer shall determine the lot area for each individual dwelling unit.
E. Yard Setbacks.
1. Front and Rear Setbacks shall be equal to the setback requirements in the corresponding residential districts and will be measured from the perimeter property lot line. The front yard setback shall be measured by where the road frontage is and not the lot line of the land owned by each individual property owner within the PND. The side yard setback is a minimum of ten feet between the eaves of each dwelling unit unless it is single-family attached dwelling units.
2. Frontage on a public street is not required for individual lots in a PND provided that the Planning Commission determines through the site review process that the development provides for adequate access to the lot via easements, shared driveways or other means.
F. Required Common Open Space.
1. A minimum of 200 square feet of contiguous usable common open space is required per dwelling unit with no dimension less than ten feet. At least fifty percent of the dwelling units shall abut the common open space, all of the dwelling units shall be within sixty feet walking distance to the common open space, and the common open space shall have dwelling units abutting at least two sides.
G. Parking.
1. One and one-half spaces per dwelling unit shall be required.
2. Location:
a. Parking shall be on the PND property with a plan approved by the Planning Commission to ensure that parking is as unobtrusive as possible. The parking requirements and landscape requirements in the PND shall be limited to that allowed in the Yellow Springs Planning and Zoning codes. Parking areas are excluded from the calculations of common open space.
H. Lighting.
1. Lighting fixtures shall be equipped with cutoff elements to direct light downwards and prevent light spill or trespass beyond the boundaries of the individual dwelling unit lot areas.
I. Utilities.
1. A utility vault will be required where all meters can be located.
J. Other PND standards.
1. PNDs are limited to detached single family dwelling units in R-A, Low Density Residential. In R-B, Moderate Density Residential and R-C, High Density Residential, up to fifty percent can be either two-family dwellings and/or single-family attached.
2. Privately-held accessory structures and accessory dwelling units are not allowed.
3. A PND shall be located on one lot with all common open space under the control of a Homeowners Association (HOA). A draft of the conditions, covenants and restrictions (CC&Rs) shall be provided to the Planning Commission prior to the work session meeting, with final approval of the CC&R by staff. Once approved, the CC&Rs shall be recorded with Greene County. The CC&Rs must create a homeowners association that will provide for maintenance of all common areas in the PND which includes but are not limited to areas of common open space, parking, roadways, street right-of-ways, exterior setbacks, driveways, required yards, utility easements, pedestrian paths, and shared community buildings or shared accessory structures.
4. The dwelling units may be individually owned or rented with no more than fifty percent rentals.
5. Prior to the Planning Commission work session meeting, a preliminary meeting with utilities and planning staff to review the project must be held. A Level B site plan review, including a storm water management plan as specified in Section 1226.06(a)(7) of the Planning Code’s Design Standards is required for approval of the PND conditional use. Prior to submittal to the Planning Commission, the Level B site plan shall be reviewed by a designated Village of Yellow Springs engineer, who will provide a written report of findings for the Planning Commission. The engineer may be present at the conditional use hearing to answer questions related to their findings. A deposit to cover the cost of the independent engineering review will be required with the application fee. Once the final documentation required for the PND has been submitted, two consecutive meetings with the Planning Commission shall be scheduled, with the first serving as a work session to review the final plans for the project, and the second to finalize the review process.
6. Pedestrian pathways must be included to provide for movement of residents and guests from parking areas to homes and other amenities. These pathways must be shown on the site plan and be part of the common areas/tracts.
7. Mailboxes shall follow the US Postal Service requirements for cluster box units (CBUs).
8. Other considerations not addressed specifically, shall follow the requirements of the Yellow Springs Planning and Zoning codes.
(7) Transient guest lodging.
A. Permit. Upon approval of the conditional use, the owner or operator shall submit to the Zoning Administrator, a transient guest lodging application with the applicable fee. This application includes the contact information for the owner or operator and if applicable, the property manager who can be contacted and will respond within a reasonable time period to any complaints, violations, emergencies or other concerns related to the transient guest lodging property or tenants. Upon the Zoning Administrator's review of the permit, the Zoning Administrator shall provide a copy to the Finance Director and the owner or operator shall thereafter comply with all provisions of Chapter 882 of the Village Codified Ordinances with respect to lodging excise tax and registration. For non-operator occupied permits, the Zoning Administrator shall also send a copy to the Greene County Auditor.
B. Location. The Planning Commission shall consider the proposed location relative to its proximity to other such uses in the vicinity in order to avoid an undue concentration that could have a negative effect on the surrounding neighborhood including affordable housing concerns. In no case, can a transient guest lodging be located closer than 500 feet from another transient guest lodging, as measured from closest property line to closest property line. A transient guest lodging unit may be located in a dwelling unit, a room or rooms in a dwelling unit, or an accessory dwelling unit, but no more than one transient guest lodging permit shall be granted per property or per owner.
C. Maximum occupancy. The maximum number of tenants permitted shall be determined by applicable health, safety and welfare requirements. If the transient guest lodging is located in an accessory dwelling unit (ADU) no more than two adults shall occupy the accessory dwelling unit.
D. Utilities. The transient guest lodging unit shall share all public utilities (water/sewer/electric) with the principal dwelling unit. Transient guest lodging units will not be separately metered.
E. Parking. A minimum of one off-street parking space per two adult guests shall be provided on the lot for the transient guest lodging unit in addition to the off-street parking spaces required for the principal dwelling unit.
F. Ingress/egress. No new access points or driveways shall be created or installed for access to the transient guest lodging unit.
G. Transient guest lodging permits are non-transferable. A change in the ownership of the property or if the permit was submitted under a tenant's name and the tenant no longer resides at that address, will void the permit.
H. If the applicant is not the property owner, a letter from the property owner agreeing to the use of their dwelling for transient guest lodging is required.
I. An inspection by the Miami Township Fire and Rescue for the installation of smoke and carbon monoxide detectors must accompany the application for transient guest lodging. The detectors will be inspected by MTFR annually.
J. The applicant must obtain a letter of good standing from the Finance Department with respect to income tax and utility payments to submit with the conditional use permit application and maintain good standing thereafter.
K. If the annual registration under Chapter 882 of the Code is revoked, the Village may also revoke the conditional use permit under Section 1262.06 of this Code; if so, the Planning Commission shall deny any other conditional use applications pertaining to the same owner, operator or property for a three-year period from the date of such revocation.
L. Lodging establishments include hotels, motels, bed & breakfast/inns and boarding houses, which have their own specific requirements in the Zoning Code under other sections of Section 1262.08 for obtaining conditional use permits. Cabins, condominiums, vacation homes, rooms in residences being rented to guests for sleeping accommodations, owner-occupied residences, accessory dwelling units, and non-owner occupied residences are subject to the requirements of this section. An owner may subsequently apply to the Planning Commission to convert an establishment which is subject to this section to become a hotel, motel, bed and breakfast/inn or boarding/rooming/lodging house if the lodging establishment meets the criteria set forth in the Code, subject to the applicable Code sections.
M. If an owner or occupant does not provide proof to the Zoning Administrator that the property is the owner or occupant's primary residence, the Zoning Administrator shall deny the application for conditional use permit and it shall not be considered by the Planning Commission. The Zoning Administrator shall submit an annual summary of the current number and ratio of operator and non-operator occupied transient guest lodging permits for review by Planning Commission and Village Council to determine if adjustments should be made to permit allowances in line with affordable housing policies and Village Values, taking into consideration new housing, Census and other data.
N. A designated outdoor smoking area to be located at least fifteen feet from all property lines.
O. Proof of commercial insurance is required for non-operator occupied transient guest lodgings.
(f) Storage and Distribution.
(1) Cartage, express and parcel delivery facilities, freight terminals, warehousing and storage.
A. The site shall have a minimum area of ten acres, provided the Planning Commission, may reduce the site area to no less than five acres where it is demonstrated to its satisfaction that the truck terminal operation will be compatible with other surrounding uses.
B. All ingress and egress from the site shall be directly onto an arterial street.
C. The site shall be designed so all vehicles are able to enter and leave the site without having to back out onto the street. Driveways shall be curbed for their full length in the front yard.
D. The Planning Commission shall determine that traffic will be no more hazardous nor the volume of traffic any greater than the capacity for the street involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and adequacy of intersections. All access to the site shall be from arterial streets built to a standard to accommodate heavy trucks.
(2) Mini-warehouse and self-storage facilities.
A. The minimum size of the site shall be not less than two acres.
B. All ingress and egress from the site shall be directly onto an arterial or collector street.
C. No storage of combustible or flammable liquids, combustible fibers, or explosive materials, as defined in the Fire Prevention Code, or toxic materials, shall be permitted within the self-storage buildings or upon the premises. However, storage of recreational vehicles containing fuel and other automotive fluids is permitted.
D. The use of the premises shall be limited to storage of personal items and business items and shall not be used for operating any other business, maintaining or repairing vehicles or for any recreational activity or hobby.
E. Limited retail sales of products and supplies incidental to the principal use, such as packing materials, packing labels, tape, rope, protective covers, locks and chains shall be permitted.
F. All yards abutting a street shall be screened from view in accordance with the requirements of Section 1270.02(b).
G. A security manager may be permitted to reside on the premises. A minimum of two parking spaces shall be provided for the dwelling unit.
H. This use shall not be permitted within the Gateway Overlay District.
(g) Utility.
(1) Wireless communication facilities.
A. Required approvals. The placement of wireless communications facilities and towers shall meet the following approval requirements:
1. Installation of new antenna. The installation of new antenna(s) on existing towers, including legal nonconforming towers, and existing alternative structures (such as water towers, buildings, or church steeples) may be approved by the Zoning Administrator, subject to all requirements of this section. Any new antenna that will add either 10% or 20 feet, whichever is less, above the highest point of any existing tower or alternative structure shall be subject to the provisions of this chapter for the installation of new towers as described below.
2. Installation of new accessory structures. The installation of new accessory structure(s), such as equipment buildings, to support the installation of additional antennas on existing towers or alternative structures may be approved by the Zoning Administrator.
B. Removal. Any tower unused or left abandoned for 12 consecutive months shall be removed by the property owner at his or her expense. Regardless of the tower ownership, the property owner shall be responsible for removal. Upon the request of the Zoning Administrator, the operator of any facility to which this provision applies shall provide documentation of the use of that facility for the purpose of verifying any abandonment.
C. Interference with public safety facilities. No new wireless communications facilities or tower shall result in any interference with public safety telecommunications.
D. Required documentation for all facilities. In addition to the requirements provided in this chapter for the receipt of conditional use approval, applications for new towers, new antenna, and new related facilities shall include the following: Where the equipment is mounted on an existing building, the comparable information for that structure shall be provided.
1. Engineer's report. A report from a professional engineer licensed in the State of Ohio that:
a. Describes the height and design of any new tower and/or antenna including a cross-section, latitude, longitude, and elevation;
b. Describes or updates (in the case of new antenna) the tower's capacity, including the type and number of antennas it can accommodate;
c. Certifies compliance of the construction specifications with all applicable building codes (including but not limited to the foundation for the tower, anchors for the guy wires if used, co-location, and strength requirements for natural forces: ice, wind, earth movements, etc.);
d. Certifies that the facility will not interfere with established public safety telecommunication facilities; and
e. Includes the engineer's seal and registration number.
2. Letter of intent. A letter of intent committing the tower owner, property owner, antenna owners, and their successors to allow the shared use of the tower.
3. Proof of compliance. Copies of any required approvals from the Federal Communications Commission (FCC), Federal Aviation Administration (FAA) and all other appropriate State and Federal agencies.
4. Removal affidavit. A letter committing all parties, including the property owner and his or her successors, to remove the tower and all related accessory structures, fences, landscaping, and equipment if the tower is abandoned (unused for a period of 12 consecutive months). The removal affidavit shall be recorded in Greene County, with a copy of the recorded affidavit provided to the Zoning Administrator.
E. Determination of new tower need. Any proposal for a new telecommunications tower shall only be approved if the applicant submits verification from a professional engineer licensed in the State of Ohio that the antenna(s) planned for the proposed tower cannot be accommodated on any existing or approved towers or other structures within a two-mile radius of the proposed tower location due to one or more of the following reasons:
1. Existing public site. There are no existing publicly- owned towers or sites suitable to accommodate the proposed tower or antennas.
2. Inadequate structural capacity. The antenna(s) would exceed the structural capacity of an existing or approved tower or other structure.
3. Interference. The antennas would cause interference impacting the usability of other existing or planned equipment at the tower site.
4. Inadequate height. The existing or approved towers or structures within the search radius cannot accommodate the planned equipment at the height necessary.
5. Land availability. Additional land area is not available (when necessary).
F. Design requirements for new towers and related facilities. All telecommunications facilities shall meet the following design requirements:
1. Lighting. Tower lighting shall only be as required for safety or security reasons or as required by the FAA or other Federal or State authority. All ground-level security lighting shall be oriented inward so as not to project onto surrounding properties, and shall have 90-degree cut-off luminaries (shielded down lighting).
2. Co-location. All telecommunication towers shall be designed, and engineered structurally, electrically and in all other respects to accommodate both the applicant's equipment and at least one additional user for every 50 feet in total tower height in excess of 75 feet.
a. Each additional user shall be assumed to have an antenna loading equal to that of the initial user.
b. Towers must be designed to allow for rearrangement of antennas and to accept antennas mounted at varying heights.
3. Height. All towers and antenna shall conform to FAA tall structure requirements. The maximum height of accessory structures shall be 15 feet.
4. Signs. Signs for all telecommunications facilities shall be permitted up to a total of four square feet per user and mounted on the fence.
G. Site requirements for new towers and related facilities. All telecommunications facilities shall meet the following site requirements:
1. Vehicular access. Vehicle access drives may be gravel or paved and shall be located within an access easement that is a minimum of 20 feet in width. Any portion of the entrance located in a public right-of-way shall meet the applicable public street design, construction, and pavement requirements.
2. Site area. The lot (or lease area) where the tower is located shall be large enough to accommodate all future anticipated accessory structures needed by future antenna users. The size of the site shall also be of sufficient area to allow the location of one additional tower and associated support facilities.
a. The arrangement of the initial tower and the topography of the site shall be considered in determining the sufficiency of the site area.
b. At a minimum, the width and depth of the tower site shall be a distance equal to the tower height. The tower shall be placed within the property so it is no closer to any lot line than one-half the tower height.
c. All tower supporting and stabilizing wires shall be located within the site area.
3. Setback. The required setbacks for the tower and related facilities shall be as follows:
a. Side and rear setback. The minimum side and rear setback for all facilities, including the security fence, shall be 25 feet.
b. Front setback. The minimum front setback for all facilities shall be as specified by this code for the zoning district in which it is located. No part of a wireless telecommunications facility, including the security fence, and any required guide wires or bracing shall be permitted in the required front setback.
c. Additional setback from residential districts. No facility shall be placed closer than one and one-half times the total height of the tower or 200 feet, whichever is greater, to any property included in a residential district.
d. Additional landscaping. Landscape screening, in addition to the requirements of this chapter, may be provided in the setback area.
4. Encroachment. No part of any telecommunications facility nor associated lines, cables, equipment, wires or braces shall at any time extend across or over any part of a public right-of-way, sidewalk, or property line.
5. Fencing. An eight-foot high security fence shall completely surround the tower and accessory equipment building site. Any deterrents, such as barbed wire, shall be at least eight feet above grade.
a. An area ten feet in width shall remain outside of the fence for the purpose of providing the landscape screening described in subsection (g)(1)H., below.
b. In the residential districts, the required security fence enclosing the facility shall be 100% opaque and of wood, brick, or stone construction. Opaque, eight-foot-tall gates shall be provided for access. In no instance shall the use of chain link fencing or gates with screening inserts be considered as opaque.
H. Landscape screening. Evergreen buffer plantings shall be located and maintained around the outermost perimeter of the security fence of all wireless communications facilities. The landscape plan for the site shall provide plants in a number and design to provide a screen of the fence, all equipment and the base of the tower, as determined by the Planning Commission.
1. If evergreen shrubs are used they shall be planted a maximum of five feet apart on center.
2. If evergreen trees are used they shall be planted a maximum of ten feet apart on center.
(h) Vehicle and Transportation.
(1) New and used vehicle sales.
A. The minimum lot size shall be one-half acre with a minimum lot width of 200 feet.
B. Signs shall conform to the requirements of Chapter 1266. Flags, pennants, balloons, ribbons, or other attention getting devices are not permitted.
C. Temporary or portable structures are not permitted.
D. Outdoor display.
1. Vehicles, for sale or otherwise, shall be parked on approved hard surfaces.
2. Vehicle display areas shall meet the setback requirements for parking areas as required in the B-2 District.
3. Vehicle display or storage shall not be allowed in areas required for visitor, employee or service parking, as required by Chapter 1264.
4. All other merchandise available for sale, including, but not limited to, clothing, accessories, collectibles etc. shall be sold and displayed within an enclosed building.
E. All service work, including car washing, repair and general maintenance, shall be conducted entirely within an enclosed building.
F. Audible paging systems or outdoor speakers are not permitted.
G. The use of spotlights or similar equipment is prohibited.
(2) Vehicle repair, major.
A. All main and accessory structures shall be set back a minimum of 75 feet from any residential district.
B. There shall be a minimum lot frontage of 100 feet or the zoning district requirement, whichever is greater, on an arterial or collector street, and all access to the property shall be from that street.
C. Driveways or curb openings shall be located at least 100 feet from any intersection and 50 feet from any adjacent residential district boundary line. No drive shall be located nearer than 75 feet, as measured along the property line, to any other driveway.
D. A raised curb of six inches in height shall be constructed along the perimeter of all paved and landscaped areas.
E. Overhead doors shall not face a public street or residential district. The Planning Commission may modify this requirement upon a determination that there is no reasonable alternative and the poor visual impact will be diminished through use of building materials, architectural features and landscaping.
F. All maintenance and repair work shall be conducted completely within an enclosed building.
G. There shall be no outdoor storage or display of vehicle components and parts, materials, commodities for sale, supplies or equipment.
H. Storage of wrecked, partially dismantled, or other derelict vehicles, or overnight parking of any vehicle except a tow truck shall be permitted up to 30 days in a designated area. Such area shall be screened from public rights-of-way by a solid, sight-obscuring fence or wall six feet in height.
I. If the use includes installation of oil or other automotive fluids except for fuel, the applicant shall submit a Pollution Incidence Protection Plan (PIPP). The PIPP shall describe measures to prevent ground water contamination caused by accidental spills or leakage of gasoline or other hazardous materials, such as special check valves, drain back catch basins, and automatic shut-off valves, as approved by the Fire Department.
(3) Vehicle repair, minor.
A. A building or structure shall be located at least 40 feet from any side or rear lot line abutting a residential district.
B. Driveways or curb openings shall be located at least 100 feet from any intersection and 50 feet from any adjacent residential district boundary line. No drive shall be located nearer than 75 feet, as measured along the property line, to any other driveway.
C. Equipment, including hydraulic hoists, pits, and lubrication, greasing, and other automobile repairing equipment shall be located entirely within an enclosed building. Outdoor storage or display of merchandise, such as tires, lubricants and other accessory equipment is not permitted.
D. All activities shall occur inside a building. No vehicle may be stored outside on the property for more than five days.
E. Storage of gasoline, liquefied petroleum gas, oil or other flammable liquids or gas above ground shall not be permitted.
F. Floor drains shall not connect to the sanitary sewer system.
G. The minimum required lot frontage shall be on an arterial or collector street and all access to the property shall be from that street.
H. If the use includes installation of oil or other automotive fluids except for fuel, the applicant shall submit a Pollution Incidence Protection Plan (PIPP). The PIPP shall describe measures to prevent ground water contamination caused by accidental spills or leakage of gasoline or other hazardous materials, such as special check valves, drain back catch basins, and automatic shut-off valves, as approved by the Fire Department.
I. If the use includes fuel sales, the requirements for a vehicle service station shall also be met.
(4) Vehicle service stations.
A. There shall be a minimum lot area of one acre and minimum lot width of 150 feet on an arterial street.
B. Only one driveway shall be permitted from each street, unless the Planning Commission determines additional driveways will be necessary to ensure safe and efficient access to the site. Driveways or curb openings shall be located at least 100 feet from any intersection and 50 feet from any adjacent residential district boundary line. No drive shall be located nearer than 75 feet, as measured along the property line, to any other driveway.
C. Pump islands shall be a minimum of 30 feet from any public right-of-way or lot line. Tanks, propane, and petroleum products shall be set back at least 15 feet from any lot line.
D. Overhead canopies shall be setback at least 20 feet from the right-of-way and constructed of materials consistent with the principal building. The proposed clearance of any canopy shall be noted on the site plan. All signs, logos, or identifying paint scheme shall be in accordance with Chapter 1266. The canopy shall not exceed 18 feet in height. Lighting in the canopy shall be recessed, fully shielded, and directed downward to prevent off-site glare.
E. If the use includes installation of oil or other automotive fluids except for fuel, the applicant shall submit a Pollution Incidence Protection Plan (PIPP). The PIPP shall describe measures to prevent ground water contamination caused by accidental spills or leakage of gasoline or other hazardous materials, such as special check valves, drain back catch basins, and automatic shut-off valves, as approved by the Fire Department.
F. In the event that a service station use has been abandoned or terminated for a period of more than 12 months, all underground gasoline storage tanks shall be removed from the premises, in accordance with State requirements.
G. A vehicle service station may be combined with other uses, such as convenience store, vehicle wash, and/or restaurants; provided all requirements, including parking, are met for each use and the most restrictive requirements applicable to any single use shall apply.
(5) Vehicle wash facilities.
A. All washing activities must occur inside a building.
B. The building exit for washed vehicles must be at least 75 feet from the entrance drive that accesses the site.
C. Required stacking spaces for waiting vehicles shall not be located within a public or private right-of-way and shall not conflict with maneuvering areas, parking spaces and other activities. Stacking lanes shall be designed to prevent vehicle queues from extending beyond the property.
D. Wastewater must be recycled, filtered or otherwise cleansed to minimize discharge of soap, wax and solid matter into public sewers. All such water shall be discharged only into the public sanitary sewer system.
E. Only one driveway shall be permitted from any street, unless the Planning Commission determines additional driveways will be necessary to ensure safe and efficient access to the site.
F. Driveways or curb openings shall be located at least 100 feet from any intersection and 50 feet from any adjacent residential district boundary line. No drive shall be located nearer than 75 feet, as measured along the property line, to any other driveway.
G. For automated drive-through wash facilities, a by-pass lane is required that allows by-passing waiting vehicles.
H. Overhead doors shall not face a street, except if approved by the Planning Commission in these circumstances:
1. When the doors of a through garage are located at the front and rear of a building; or
2. When a garage is located on a corner or through lot; or
3. When determined that a rear garage door would negatively affect an abutting residential use or district.
I. A vehicle wash facility building and any accessory buildings and uses, including vacuums, shall be located at least 50 feet from a street right-of-way line and 100 feet from any residential district boundary.
J. The property owner or operator must comply with all applicable noise regulations. Air handling equipment shall be located on a roof, be equipped with intervening noise reduction baffles, be in proper working condition and must also comply with this provision.
(Ord. 2013-19. Passed 9-16-13; Ord. 2016-04. Passed 4- 16-16; Ord. 2016-17. Passed 9-19-16; Ord. 2018-11. Passed 4-16-18; Ord. 2018-21. Passed 5-21-18; Ord. 2020-32. Passed 11-16-20; Ord. 2021-08. Passed 5-3-21; Ord. 2021-21. Passed 7-21-21)