Alliance City Zoning Code

CHAPTER 1162

Zoning Requirements for Specific Land Uses

1162.01 PRODUCE STANDS AND FARM MARKETS.

(a) Where permitted, each lot shall be limited to a maximum of one seasonal produce stand not larger than 20 feet by 20 feet. The stand shall be portable and shall be removed from its roadside location during seasons when it will not be in use.

(b) Signs used in connection with the use shall be temporary, and shall be removed when the stand is not in use. All signs shall comply with the requirements of this Ordinance.

(c) The applicant shall submit a sketch plan for approval by the Commission that illustrates locations of all structures, parking areas, driveways, signs and other structures.

1162.02 VETERINARY CLINICS.

(a) Setbacks. Structures shall be set back at least 20 feet from all side and rear property lines, and at least 20 feet from abutting residential districts or uses, churches, schools or restaurants on the same side of the street.

(b) Landscaping and Screening. Outdoor enclosures or runs shall be enclosed by screening in accordance with the screening requirements of this Ordinance, to buffer street rights- of-way and adjacent residential districts or uses.

(c) Operating Requirements. The clinic shall be operated by a licensed or registered veterinarian. All boarding shall be limited to animals brought in for treatment or surgery, unless the site has also been approved for a kennel in accordance with the provisions of Sec. 1162.01, Kennels and Animal Shelters, of this Ordinance. All activities shall be conducted within an enclosed building.

(d) Performance Standards. All veterinary clinics shall comply with the following:

(i) Such buildings shall be constructed to ensure that noise and odors shall not be perceptible beyond the site’s property lines.

(ii) Outdoor exercising is allowed when the pet is accompanied by an employee, provided no animals shall be permitted outside of the buildings between 9:00 PM and 8:00 AM.

1162.03 KENNELS AND ANIMAL SHELTERS.

(a) Minimum Site Size. Sites shall have a minimum lot area of one acre.

(b) Screening. Structures where animals are kept, outdoor runs and exercise areas shall be screened in accordance with the screening requirements of this Ordinance.

(c) Performance Standards. The Commission may impose other conditions and limitations deemed necessary to prevent or mitigate possible nuisances related to noise or odor.

(d) Setbacks. Structures where animals are kept, outdoor runs and exercise areas shall not be located in any required yard setback areas, and shall also be set back at least 50 feet from dwellings on adjacent lots.

(e) Other Standards. The following additional standards apply to commercial kennels:

(i) Commercial kennels shall comply with all permit and operational requirements established by county and state regulatory agencies.

(ii) Structures in which animals are kept, animal runs, and exercise areas shall not be located in any required yard setback area, and shall be set back at least 500 feet from any residential district or use.

(iii) All animal runs and exercise areas shall be enclosed on all sides by screening in compliance with the screening requirements of this Ordinance and shall have impervious surfaces and an approved system for runoff, waste collection and disposal.

(iv) Performance Standards. The Commission may impose other conditions and limitations deemed necessary to prevent or mitigate possible nuisances related to noise or odor.

1162.04 ACCESSORY APARTMENTS.

(a) Sketch Plan Review Required. The applicant shall provide a sketch plan and building elevations for Commission review and approval.

(b) Apartments Accessory to permitted Office and Services Uses or Commercial Uses. Accessory apartments shall be contained entirely within the primary building, and shall occupy no more than 50 percent of the gross floor area of the building. Each accessory apartment shall have separate kitchen, bath and toilet facilities and a private entrance (where there is more than one accessory apartment in a building, such entrances may be provided from a common hallway).

1162.045 ADULT GROUP HOMES.

(a) Compliance. Each group home, before admitting residents, shall have proof of compliance with all applicable local, state and federal standards.

(b) Statement. Before admitting any residents, the group home operator shall submit a statement of the nature of the group home. Such statement shall include the number and nature of the residents, the number and type of personnel that will be employed, and the qualifications of the agency operating the group home.

(c) Occupancy. A group home with no more than eight residents is a conditional use in the R-2 District, subject to review by the Commission. No permanent certificate of occupancy will be issued by the City for a group home until the person applying for the group home has submitted a valid license, or other appropriate authorization, or copy thereof, from a governmental agency having jurisdiction.

(d) Appearance. To the greatest extent practical, all group homes shall conform to the type and outward appearances of the residences in the neighborhood in which it is located. All group homes shall comply with all applicable provisions of the Building Code and National Fire Prevention Code.

(e) Separation. Minimum separation requirements between any other group home shall be 1,500 feet. A group home may be located without consideration to the minimum separation requirements if the group home is separated from other group homes within the area of the aforesaid minimum separation requirement by a substantial natural or manmade physical barrier, including, but not limited to, an arterial street, a state or federal highway, railroad tracks, river or commercial/business district.

(f) Abandonment. If active and continuous operations are not carried on in a group home which was approved pursuant to the provisions contained in this Section for a period of 12 consecutive months, the group home use shall be considered to have been abandoned. The group home use can be reinstated only after obtaining a new approval from the Commission.

(Ord. 45-09. Passed 9-8-09.)

1162.05 BED AND BREAKFAST INNS.

(a) Primary Residence. The dwelling shall be the primary and permanent residence of the bed and breakfast inn operator. Meals or other services provided on the premises shall only be available to residents, employees and overnight guests of the establishment.

(b) Guests. There shall be a maximum of five rooms for lodging, with a maximum of 15 guests at any given time. Guests may stay no longer than 14 days in succession or a total of 60 days in any 12 month period. Off-street parking areas shall be provided for guests outside of any required front yard. Stacking of more than two vehicles in a driveway is prohibited.

(c) Landscaping. Screening shall be provided between adjacent residences and parking areas or any outdoor eating area, in compliance with the screening requirements of this Ordinance.

(d) Outside Activities. Outside activities may be permitted, provided that the above requirements and all other requirements of this Ordinance can be met.

1162.06 FAMILY DAY CARE HOMES, TYPE A.

(a) Separation Requirements. No such day care home may be located less than 1,500 feet from any other state licensed residential facility, as measured between the nearest points on the property lines of the lots in question. The Commission may permit a smaller separation between such facilities upon determining that such action will not result in an excessive concentration of such facilities in a single neighborhood, or in the City overall.

(b) Access. Adequate areas shall be provided for employee and resident parking, and pick-up and drop-off of children, in a manner that allows maneuvers without affecting traffic flow on the public street.

(c) Play Area. All day care homes shall provide a fenced, contiguous outdoor play area in the rear yard area of the day care home premises, with a minimum area of equal to 150 square feet per child at the maximum licensed capacity of the day care home.

(d) Hours of Operation. The day care home shall operate a maximum of 16 hours per day. (Ord. 45-09. Passed 9-8-09.)

1162.07 HOME OCCUPATIONS.

(a) Intensity of Use. Home occupations must be conducted within a principal dwelling unit and permitted accessory structures, and shall not occupy more than 25 percent of the gross floor area of the structures. The exterior of the dwelling shall not be altered from its residential appearance, and no additional signage shall be allowed.

(b) Parking and Loading. Home occupations shall be limited to the parking or storage of one commercial vehicle on the premises not exceeding a 3/4 ton capacity, provided such vehicle is directly related the home occupation. Delivery vehicles used to deliver goods to a home occupation are limited to automobiles, passenger vehicles, mail carriers and express package carriers. Deliveries shall only be permitted between the hours of 8:00 AM and 8:00 PM.

(c) Performance Standards. The home occupation shall comply with the provisions of Chapter 1160, Performance Standards, of this Ordinance, and the following:

(i) Customer or client visits to a home occupation are limited to between the hours of 8:00 AM to 8:00 PM. A home occupation shall not generate more than four customer or client visits per business day, and no more than two customers or clients may be present at any given time.

(ii) The home occupation shall have no non-resident employees on the premises at any time. The number of non-resident employees working exclusively at other locations is not limited.

(d) Permitted Uses. The following uses are permitted home occupations. Any home occupation not specifically listed may be permitted as a conditional use, subject to the requirements outlined in this Ordinance.

(i) Home office for such professionals as architects, doctors, brokers, engineers, insurance agents, lawyers, realtors, accountants, writers, salespersons and similar occupations.

(ii) Personal services, including barber shops, beauty parlors, manicure and pedicure shops, grooming, catering, and chauffeuring services.

(iii) Home office for a massage therapist, subject to the standards of Sec. 1162.15 of this Ordinance.

(iv) Music, dance, art and craft classes, tutoring, and studios for artists, sculptors, musicians and photographers.

(v) Workshop for tailors, dressmakers, milliners, and craft persons, including weaving, lapidary, jewelry making, cabinetry, and wood-working.

(vi) Repair services, limited to watches and clocks, small appliances, computers, electronic devices, and similar small devices.

(e) Prohibited Uses. The following uses are expressly prohibited as home occupations.

(i) Kennels.

(ii) Hospitals, medical and dental clinics and veterinary clinics.

(iii) Any eating and/or drinking establishments.

(iv) Automobile, truck, recreation vehicle, boat or small engine repair.

(v) Undertaking and funeral homes.

(vi) Retail sale of merchandise.

(vii) Adult uses and sexually-oriented businesses.

1162.08 MULTIPLE-FAMILY DWELLINGS AND DEVELOPMENTS.

Multiple-family dwellings and developments shall comply with the following:

(a) Density. The maximum density of a multiple-family development shall be 12 dwelling units per acre of net lot area.

(b) Street Design and Vehicle Circulation. Street connections shall be provided to adjacent neighborhoods and parcels in residential districts. Ingress and egress from the public streets shall be designed to minimize congestion and interference with normal traffic flow. All interior roads, drives, and parking areas within a multi- family development shall be hard surfaced and provided with curbs and gutters. Roadway drainage shall be appropriately designed such that storm water from the roadway will not drain onto the adjacent lots. All access drives shall be 24 feet in width.

(c) Pedestrian Circulation. Minimum five foot wide concrete sidewalks shall be provided from parking areas, public sidewalks and recreation areas to all building entrances. Public sidewalks shall be provided along collector roads and streets with a minimum width established by the City.

(d) Parking. The Commission may give credit towards parking requirements where abutting on-street parking is available. All off-street parking spaces must be screened from view of any public road, pedestrian path, or adjacent residential use in compliance with this Ordinance.

(e) Recreation Areas. Passive or active recreation areas (including but not limited to seating areas, playgrounds, swimming pools, walking paths and other recreational elements in accordance with the intended character of the neighborhood) shall be provided at a ratio of at least 15 percent of the gross area of the development. The minimum size of each area shall be not less than 5,000 square feet, and the length to width ratio of each area, as measured along the perimeter, shall not exceed four to one. Such areas shall be centrally and conveniently located to be physically and visibly accessible to residents, and shall not be located within any required yard setbacks or building separation area.

(f) Utilities. All multiple-family dwellings shall be connected to the public sewer and public water system.

(g) Market Support. Given the number of existing multiple-family dwellings in the City, no multiple-family development shall be approved without the applicant first submitting for review by the Commission a market study, using accepted study methods, which demonstrates that there exists at the time of application a documented need within the City and the unincorporated areas of the four townships adjacent to the City for such development. Neither future population within the City, nor existing population outside the City, shall be considered as part of such study.

(h) Other Requirements. Adequate landscaping and screening shall be provided along all property lines which abut a residential district or use, and along all street frontages. Parking or storage of recreational vehicles, boats, utility trailers or similar items shall be prohibited, except in areas designated on an approved final site plan.

1162.09 SINGLE-FAMILY DWELLING, DETACHED.

(a) Detached single-family dwellings, except manufactured houses located in approved and licensed manufactured housing parks, shall comply with the following standards:

(i) All such dwellings shall have exterior materials similar to and aesthetically compatible with the dwelling units on adjacent properties or in the surrounding residential neighborhood. Such materials shall include siding, windows, porches, shingles and other roofing materials. New dwellings shall be constructed with a primary entrance on the front facade which shall be connected by a paved path to the public sidewalk, right-of-way or a driveway.

(ii) All such dwellings shall incorporate exterior building wall, foundation and roof configurations that are similar to the dwelling units on adjacent properties or in the surrounding residential neighborhood. The minimum width across any front, side, or rear elevation shall be 24 feet, and the average width-to-depth or depth-to-width ratio of the dwelling, as measured along the outside of the perimeter walls, shall not exceed 2.5 to one. The roof over-hang shall be a minimum of six inches on at least two sides.

(iii) All such dwellings shall be firmly attached to a permanent foundation. The foundation wall shall be constructed on the site in accordance with the building code adopted by the City, and shall have the same perimeter dimensions as the dwelling. All such dwellings shall be secured to the premises by an anchoring system or device that is in full compliance with all applicable codes and rules.

(iv) New dwellings shall be connected to the public sewer and water supply.

(b) Determinations. This Section is not intended to prohibit innovative architectural design, or site features. The compatibility of design and appearance shall be determined by the Administrative Official, subject to appeal by an aggrieved party to the Board. Any determination of compatibility shall be based upon these standards, with a comparison to the character, design, and appearance of five or more existing residential dwellings located in the City, outside of any manufactured housing parks.

1162.10 TOWNHOUSES AND STACKED FLATS.

Townhouses and stacked flats shall comply with the following:

(a) Density. The maximum density of a townhouse or stacked flat development shall be twelve dwelling units per acre, exclusive of any land area occupied by water bodies.

(b) Building Layout and Architecture. The following architectural standards shall be met for all structures:

(i) Orientation. Parking areas, garages and any other accessory structures and uses shall be located within the established rear yard, with access provided by an alley or access drive. A minimum of 75 percent of the main entrances to the individual dwellings shall be located on the front facade of the building, and all shall include a front porch or stoop that is at least six feet in width and depth, and 70 square feet in area.

(ii) Architectural Details. Walls visible from a street or other residential uses shall include windows and architectural features similar to the front facade of the building, including, but not limited to awnings, cornice work, edge detailing or other decorative finish materials. All buildings shall have pitched roofs, which may include functional dormer windows and varying lines customary with gable or hip style roofing. Standing seam metal roofing is prohibited.

(c) Circulation Design. Connections shall be provided to adjacent neighborhoods and parcels in residential districts. Alleys shall be provided where necessary for access to rear yard garages. Such alleys shall have a minimum pavement width of 20 feet and shall be located within a minimum 30 foot wide private access easement. An alley shall be designed to provide only secondary frontage and access to dwellings.

(d) Pedestrian Circulation. Minimum five foot wide concrete sidewalks shall be provided on both sides of all internal streets within a townhouse or stacked flat development, between the public sidewalk and all dwelling entrances, and within all open space areas. Sidewalks along collector roads and streets shall be at a width determined by the City.

(e) Recreation Area. Passive or active recreation areas (including but not limited to seating areas, playgrounds, swimming pools, walking paths and other recreational elements in accordance with the intended character of the neighborhood) shall be provided at a ratio of at least 15 percent of the gross total area of the development. The minimum size of each area shall be not less than 5,000 square feet, and the length to width ratio of each area, as measured along the perimeter, shall not exceed four to one. Such areas shall be centrally and conveniently located to be physically and visibly accessible to residents, and shall not be located within any required yard setbacks or building separations.

(f) Utilities. All townhouse and stacked-flat dwellings shall be connected to the public sewer and public water system.

(g) Market Support. Given the number of existing multiple-family dwellings in the City, no townhouse or stacked-flat development shall be approved without the applicant first submitting for review by the Commission a market study, using accepted study methods, which demonstrates that there exists at the time of application a documented need within the City for such development. Neither future population within the City, nor existing population outside the City, shall be considered as part of such study.

(h) Other Requirements. Parking or storage of recreational vehicles, boats, utility trailers or similar items shall be prohibited, except in areas designated on an approved final site plan.

1162.11 TWO-FAMILY DWELLINGS (DUPLEXES).

The exterior of a two-family dwelling (or duplex) shall be designed, constructed and maintained in a manner that provides the appearance of a single-family dwelling as specified by Sec. 1162.07 (Single-Family Dwellings, Detached). The addition of a separate exterior door on the front facade is prohibited. The primary entrance for the second dwelling unit may be located on a side wall, or both units may share a common entrance on the front facade.

1162.12 CATERING FACILITIES.

In the B-1, B-2, or B-3 District, catering facilities shall only be permitted as an accessory use located entirely within the space occupied by a permitted restaurant use.

1162.13 FUNERAL PARLORS OR MORTUARIES.

(a) Minimum Lot Size. Sites in R-1 and R-2 Districts shall have a minimum lot area of 1 acre.

(b) Parking and Circulation. An off-street assembly area shall be provided for funeral processions and activities. This area may be incorporated into the required off-street parking and maneuvering areas. Streets and alleys shall not be used for maneuvering or parking of vehicles.

(c) Screening. The service and loading area shall be screened from adjacent residential uses in accordance with this Ordinance.

(d) Accessory Uses. A caretaker’s residence may be provided as an accessory use on the site.

1162.14 HOSPITALS.

(a) Setbacks and Screening. All structures shall be set back a minimum of 100 feet from adjacent residential districts and uses. The Commission may reduce the setback requirements in exchange for enhanced screening. Ambulance and delivery areas shall be screened from view of all residential uses with a six foot high masonry wall.

(b) Access. All ingress and egress must be directly to an arterial or collector street.

(c) Accessory Uses. Accessory uses, such as a pharmacy, gift shop, cafeteria, place of worship, and similar uses shall be allowed within the principal building.

1162.15 MASSAGE THERAPISTS.

Massage therapy clinics and uses shall be subject to the following conditions:

(a) Hospitals, sanitariums, nursing homes, medical clinics or the offices of physicians, surgeons, chiropractors, osteopaths, psychologists, clinical social workers or family counselors who are licensed to practice in the state shall be permitted to provide massage therapy services as an accessory use within the principal building.

(b) All massage therapists shall be licensed (where such licenses are available), and shall be certified members of the American Massage and Therapy Association or International Myomassethics Federation. Proof of such licenses or certifications shall be provided to the Administrative Official.

1162.16 NURSING AND CONVALESCENT HOMES, FOSTER CARE GROUP HOMES, ASSISTED LIVING FACILITIES AND SENIOR HOUSING.

(a) Minimum Size. Sites must have a minimum lot area of two acres, and all dwelling rooms shall have a minimum of 450 square feet per room.

(b) Separation Requirements. No foster care group home shall be located closer than 1,500 feet to any other state-licensed residential facility, measured from the nearest wall of each such structure. The Commission may permit a smaller separation between such facilities upon determining that such action will not result in an excessive concentration of such facilities in a single neighborhood, or in the City overall.

(c) Access. All access shall be from an arterial or collector street. Walkways shall be provided from the main building entrances to any sidewalks along the adjacent public streets. A sidewalk shall be placed along the entire road frontage of the facility per City standards.

(d) Allowable Density Modification. The allowable density of the underlying zoning district may be increased by no more than 50 percent for all nursing care units licensed by the State, or 25 percent for non-licensed nursing care and supportive care units.

(e) Accessory Uses. Accessory retail, restaurant, food service, office and service uses may be permitted within the principal residential building. No exterior signs of any type are permitted for these accessory uses.

1162.17 TATTOO PARLORS AND BODY PIERCING STUDIOS.

Any such establishment must be located at least 1,000 feet from all other body piercing studios and tattoo parlors, and from all child care centers, schools, parks, hospitals, and adult uses or sexually-oriented businesses.

1162.18 VIDEO RENTAL ESTABLISHMENTS.

(a) The display of video tapes having as a dominant theme specified sexual activity or specified anatomical areas shall be physically separated from all other video tapes and materials in a completely enclosed room subject to the following:

(i) The room shall have only one door for ingress and egress by patrons.

(ii) A sign outside of the room shall indicate that adult videotapes are displayed and shall state that no one under the age of 18 is permitted.

(iii) In lieu of an enclosed room, a catalogue containing a list of all adult- oriented videotapes for rental or sale may be used for over the counter purchases by patrons. This requires that all videotapes be stored behind the sales counter or in a separate, enclosed storage area until rented or purchased.

1162.19 AUDITORIUMS, PERFORMING ARTS THEATERS, CHURCHES, TEMPLES AND OTHER PLACES OF ASSEMBLY.

(a) Height. The maximum height of the principal building shall be permitted to exceed the maximum height requirements of the district up to a maximum height of 45 feet, provided that the minimum required front, side, and rear yard setbacks shall be increased to equal the height of the building wall abutting each yard. The highest point of chimneys, spires, cupolas, domes and towers may be erected to a height not exceeding twice the height of the building, provided that no such structure shall occupy a total area greater than 20 percent of the roof area of the building.

(b) Screening. Screening shall be provided in accordance with this Ordinance where the site abuts a residential district or use.

(c) Accessory Facilities. Accessory facilities such as rental, fellowship or social halls, gymnasiums or recreation facilities, and other similar uses incidental to the primary use shall be permitted, subject to the requirements of this Ordinance.

(d) Impact Assessment. The Commission may require an impact assessment for churches, temples or other places of assembly that have a seating capacity of over 500 persons.

1162.195 CHILD CARE OR DAY CARE CENTER AND CHILD CARING INSTITUTIONS.

The following regulations shall apply to child care or day care center and child caring institutions:

(a) Licensing. In accordance with applicable state laws, all child care facilities shall be registered with or licensed by the State of Ohio, and shall comply with the minimum standards outlined for such facilities.

(b) Outdoor Play Area. A minimum of 150 square feet of outdoor play area shall be provided, and maintained per child, provided that the overall area of the play area shall not be less than 5,000 square feet. The outdoor play area shall be suitably fenced and secured.

Outdoor play areas accessory to a child day care center, day nursery, nursery school or pre-school shall be screened from abutting residentially zoned or used land by a greenbelt, which shall be landscaped in accordance with Chapter 1136 (Landscaping, Screening, and Planting).

(c) Pick-up and Drop-off. Adequate areas shall be provided for employee and resident parking, and pick-up and drop-off of children or adults, in a manner that minimizes pedestrian-vehicle conflicts, and allows maneuvers without affecting traffic flow on the public street.

All day care centers, day nurseries, nursery schools, and pre-schools shall have frontage on, and direct vehicle access to a public street classified as a collector, arterial or thoroughfare by the City’s Comprehensive Plan, or county or state road authorities. Vehicle access from these uses to local streets shall be limited to secondary access where necessary for health and safety purposes.

(d) Separation Requirements. New child care or day care center and child caring institutions shall be located a minimum of 1,500 feet from any other state licensed residential facility, as measured between the nearest points on the property lines of the lots in question. The Commission may permit a smaller separation between such facilities upon determining that such action will not result in an excessive concentration of such facilities in a single neighborhood, or in the City overall.

(e) Hours of Operation. Child care or day care center and child caring institutions in residential districts or accessory to a residential use shall operate a maximum of 16 hours per day. (Ord. 45-09. Passed 9-8-09.)

1162.20 COLLEGES, UNIVERSITIES AND OTHER INSTITUTIONS OF HIGHER EDUCATION.

(a) Use Area. For the purpose of this Section, the term “use area” shall refer to the total area or campus that is a part of or is intended to be a part of a college, university, or other institution of higher education use.

(b) Existing Use Area. Any use area in an R-1 or R-2 District so identified on the Zoning Map and owned or otherwise controlled by Mount Union College as of the date of adoption of this Ordinance shall constitute an existing use area for the purposes of this Ordinance.

(c) New Use Areas. Any use area in an R-1 or R-2 District not identified on the Zoning Map as of the date of adoption of this Ordinance shall, if approved in accordance with the provisions of this Section, constitute a new use area for the purposes of this Ordinance.

(d) Additions to Use Areas. Any addition to a new or existing use area in an R-1 or R-2 District shall, if approved in accordance with the provisions of this Section, be considered part of said use area for the purposes of this Ordinance. Any addition to a use area shall be adjacent to or across the street from said use area, and shall meet all other requirements of this Ordinance.

(e) Permitted Uses. Permitted main buildings, structures, and uses within any use area shall include but not limited to the following:

(i) Academic building.

(ii) Administrative building.

(iii) Residence hall, sorority, fraternity.

(iv) Library, art gallery, playhouse, music hall, campus center.

(v) Religious building or other place of assembly.

(vi) Physical education building.

(vii) Recreation: open space, park, playground, stadium, athletic field.

(viii) Faculty residence.

(ix) All uses permitted in R-1 Districts.

(x) Rooming or boarding houses, owned by a college, university or other institution or higher education, and only for students and faculty thereof.

(f) Permitted Accessory Uses. Permitted accessory buildings, structures, and uses within any use area shall include but not limited to the following:

(i) Maintenance, storage, and heating facilities.

(ii) Off street parking and loading as required in supplemental regulations.

(iii) Signs and lighting as regulated in the supplementary regulations.

(g) Minimum Area. In an R-1 or R-2 District, a minimum contiguous area of 50 acres shall be necessary to establish a new use area. In an R-1 or R-2 District, no minimum contiguous area shall be required for any addition to a use area. In an R-1 or R-2 District, the minimum lot area requirement per Chapter 1124 , Schedule of Regulations, of this Ordinance shall not apply to a use area, or to any individual lot in such use area.

(h) Minimum Dimensions. In an R-1 or R-2 District, a minimum dimension in any direction of 1,000 feet shall be necessary to establish a new use area. In an R-1 or R-2 District, no minimum dimension in any direction shall be required for any addition to a use area. In an R-1 or R-2 District, the minimum lot width and minimum lot frontage requirements per Chapter 1124 , Schedule of Regulations, of this Ordinance shall not apply to a use area, or to any individual lot in such use area.

(i) Maximum Height of Structures. In an R-1 or R-2 District, the maximum height of structures in any use area shall not exceed three stories or 50 feet. In an R-1 or R-2 District, the maximum height of structures limitation per Chapter 1124 , Schedule of Regulations, of this Ordinance shall not apply to structures in any use area.

(j) Setbacks and Yards. In an R-1 or R-2 District, the minimum front yard for individual lots in any use area shall be 40 feet. In an R-1 or R-2 District, the minimum side and rear yard requirements per Chapter 1124, Schedule of Regulations, of this Ordinance shall not apply to individual lots in any use area.

(k) Maximum Lot Coverage. In an R-1 or R-2 District, the 25 percent lot coverage limitation per Chapter 1124 , Schedule of Regulations, of this Ordinance shall be measured over the entire use area.

(l) Separation. In an R-1 or R-2 District, off-street parking facilities inside any use area shall be not closer than 50 feet to existing dwellings outside the use area. New nonresidential buildings inside any use area shall be not closer than 100 feet to existing dwellings outside the use area. New residential buildings inside any use area shall be not closer than 150 feet to existing dwellings outside the use area. All new buildings inside any use area shall be not closer than 20 feet to existing buildings inside the use area. The Commission may reduce these requirements in exchange for enhanced screening.

(m) Instructional Signs. In an R-1 or R-2 District, instructional signs in any use area shall be limited to 24 square feet in area per sign. In an R-1 or R-2 District, the maximum area limitation per sign for instructional signs for nonresidential uses per Sec. 1134.05 of this Ordinance shall not apply in any use area.

(n) Parking and Access. In an R-1 or R-2 District, the 300 foot maximum distance between parking and structure per Sec. 1150.03, subsection c, of this Ordinance shall not apply in any use area, provided that a comprehensive master parking plan meeting all other requirements of this Ordinance is reviewed and approved by the Commission.

(o) Interior Landscaping. In an R-1 or R-2 District, the minimum interior landscaping requirement for parking spaces and parking areas per Sec. 1150.06 , subsections p and q , of this Ordinance shall not apply in any use area, provided that a comprehensive master parking plan meeting all other requirements of this Ordinance is reviewed and approved by the Commission.

(p) Screening. In an R-1 or R-2 District, any part of any use area abutting an R-1 District and which involves regular or planned outdoor assembly, unreasonable and excessive lighting, taking into consideration the safety of those utilizing the use area, shall require either installation of landscaping and/or fencing which provides reasonable visible and – to the extend possible - audible separation between the use area and the abutting R-1 District.

(Ord. 35-07. Passed 3-19-07.)

(q) Single Conditional Use Approval Required. In an R-1 or R-2 District, when any new use area, or addition to a use area is proposed, a conditional use approval by the Commission shall be required for such new use area or addition to a use area. Conditionally permitted uses within an approved new use area or addition to a use area shall not require additional conditional use approval, provided that such use conforms to all provisions of this Section.

(Ord. 45-09. Passed 9-8-09.)

(r) Site Plan Review. Notwithstanding exemption from subsequent conditional use approval, specific improvements within any use area shall be required to conform to all provisions of this Section. Any specific improvements within any use area shall be subject to and require site plan review by the Commission.

(s) Identification on Zoning Map. For purposes of graphic notation, any use area in an R-1 or R-2 District shall be identified on the Zoning Map. Each time a use area is established, added to, deleted from, discontinued, or otherwise modified, the Zoning Map shall be modified to note such change. Such change shall be administrative and not constitute an amendment to the Zoning Map.

1162.21 PUBLIC UTILITY AND ESSENTIAL SERVICE STRUCTURES AND USES.

(a) Need. Applicants must provide evidence of the necessity for the proposed location of all public utility and essential service structures and uses.

(b) Setbacks. Electric or gas regulator equipment and apparatus shall be set back a minimum of 20 feet from all lot lines.

(c) Screening. Screening requirements are subject to Commission approval based on analysis of potential effect on surrounding properties. Any permitted storage yards shall be screened from adjacent residential districts or uses in accordance with this Ordinance.

(d) Use Requirements. Such structures and uses shall be subject to conditions or limitations designed to minimize any adverse impacts from the use on surrounding properties. Structures shall be architecturally compatible with the surrounding neighborhood.

1162.22 RECREATION, INDOOR AND OUTDOOR (EXCLUDING PUBLIC PARKS AND COLLEGES).

(a) Permitted Uses. Permitted uses may include, but shall not be limited to recreational fields, rinks or courts, including football, softball, soccer, tennis, basketball, ice or in-line skating, and similar activities, bowling alleys, swimming pools open to the general public or operated by a private non-profit organization, music concert pavilions, and band shells.

(b) Accessory Uses. Permitted accessory uses to the above permitted uses may include, but shall not be limited to refreshment stands, retail shops selling items related to the above uses, maintenance buildings, offices for management functions, spectator seating and service areas, including locker rooms and rest rooms. Accessory retail or commercial facilities shall be designed to serve only the patrons of the recreation facility, unless otherwise listed as a permitted use in the district where the facility is located.

(c) Setback Requirements. No structure or spectator seating facility shall be located within 50 feet of a property line, nor within 200 feet of any residential district or use. Pools shall be at least 100 feet from any residential zoning district.

(d) Performance Standards.

(i) The location, layout, design, or operation of recreation facilities shall not impair the continued enjoyment, use, and future orderly development of adjacent and nearby properties.

(ii) A plan to control loitering and litter shall be provided.

(iii) Recreation uses shall comply with Chapter 1160, Performance Standards, of this Ordinance.

1162.23 AMUSEMENT CENTERS (INDOOR ONLY) SUCH AS ARCADES, BOWLING ALLEYS, AND SIMILAR FACILITIES; AND AMUSEMENT CENTERS (OUTDOOR ONLY) SUCH AS MINIATURE GOLF, GOLF DRIVING RANGES, BATTING CAGES AND SIMILAR FACILITIES.

(a) Setbacks. Parking lots shall be setback at least 30 feet from the street right-of-way, and 100 feet from any property line abutting a residential district or use. No structure shall be located less than 200 feet from the property line of any abutting residential district or use.

(b) Access. All traffic ingress and egress shall be from an arterial or collector street.

(c) Screening. Any lot line abutting a residential zoning district shall provide a landscaped buffer strip in accordance with this Ordinance.

(d) Performance Standards. Site size shall be sufficient to retain errant balls within the site. Netting is prohibited unless the Commission determines the netting would be compatible with surrounding uses. The Commission may restrict lighting and hours of operation for a driving range.

(e) Site Plan Requirements. The site plan shall illustrate expected trajectory or ball dispersion patterns along fairways and for driving ranges where adjacent to residential uses, buildings, parking lots or public streets.

1162.24 AUTOMOBILE, TRUCK, AND OTHER MOTOR VEHICLE SERVICE CENTERS (MINOR REPAIR), REPAIR STATIONS (MAJOR REPAIR) AND FUELING (GAS) STATIONS.

(a) Minimum Lot Size and Setbacks. The minimum lot area shall be 15,000 square feet, with a minimum of 150 feet of frontage on an arterial or a collector street. Pump island canopies shall be setback a minimum of 20 feet from any right-of-way line. Fuel pumps shall be located a minimum of 30 feet from any right-of-way line.

(b) Access. Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance for other ingress and egress drives, traffic generated by other buildings or uses, or adjacent pedestrian crossings. The edge of any access drives shall be set back a minimum of 50 feet from the intersections of two street right-of-way lines. No more than one access drive curb opening shall be permitted per street.

(c) Overhead Doors. Overhead doors shall not face a residential district or use. The Commission can modify this requirement upon a determination that there is no reasonable alternative, subject to additional screening being provided.

(d) Pump Island Canopy. The proposed clearance of any pump island canopy shall be noted on the site plan. Any signs, logo or identifying paint scheme on the canopy shall be reviewed by the Commission. All lighting fixtures under the canopy shall be fully recessed into the canopy structure. The Commission may permit a maximum intensity of 20 footcandles for lighting under the canopy, provided that site lighting is otherwise in compliance with this Ordinance.

(e) Repair and Service Use Limitations. All equipment and service bays shall be entirely within an enclosed building, and all repair work shall be conducted completely within an enclosed building. Repair stations shall not be permitted on sites immediately adjacent to any residential zoning district or use.

(f) Temporary Vehicle Storage. The storage, sale, rental or display of new or used cars, trucks, trailers, and any other vehicles, vehicle components and parts, materials, commodities, supplies or equipment on the premises is prohibited except in conformance with the requirements of this Section and Ordinance. Inoperable vehicles shall not be stored or parked outside for a period exceeding 30 days for repair stations and 24 hours for service centers. Partially dismantled vehicles, damaged vehicles, new and used parts, and discarded parts shall be stored within a completely enclosed building.

(g) Noise and Odors. There shall be no external evidence of service and repair operations, in the form of dust, odors, or noise, beyond the interior of the service building. Buildings containing service and repair activities shall have appropriate filtering systems to prevent emission of paint odors. Building walls facing any residential districts or uses shall be of masonry construction with sound proofing.

(h) Screening. Screening shall be provided on those side and rear lot lines abutting a residential district or use in accordance with this Ordinance. All wrecked or damaged vehicles shall be screened from public view, and shall not be parked or stored within any front yard area.

(i) Pollution Prevention. The applicant shall submit a pollution incidence protection plan describing measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as special check valves, drain back catch basins and automatic shut off valves.

1162.25 CAR WASHES.

(a) Lot Size and Frontage. A self-service car wash shall have a minimum lot area of 10,000 square feet, with a minimum of 100 feet of frontage along an arterial or collector street. An automatic car wash shall have a minimum lot area of 20,000 square feet, with a minimum of 150 feet of frontage along an arterial or collector street.

(b) Setbacks. All car washes shall have a minimum front yard setback of 30 feet. All buildings shall maintain a 50 foot setback from any residential district or use.

(c) Screening. Screening shall be provided on those side and rear lot lines abutting a residential district or use in accordance with the screening requirements of this Ordinance.

(d) Access. Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance for other ingress and egress drives, traffic generated by other buildings or uses, or adjacent or pedestrian crossings. The edge of any ingress and egress drives shall be set back a minimum of 50 feet from intersections of two street right-of-way lines. No more than one such drive or curb opening shall be permitted per street. All maneuvering areas and stacking lanes shall be located within the site.

1162.26 DRIVE-IN OR DRIVE-THRU LANES, FACILITIES OR ESTABLISHMENTS.

The following conditions shall apply to all accessory drive-in or drive-thru lanes, facilities or establishments, in addition to any required conditions for the primary use.

(a) Location. Sites must abut an arterial or collector street, with all ingress and egress directly to such street.

(b) Minimum Lot Width. Sites shall have a minimum of 100 feet of frontage.

(c) Access and Traffic. Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance for other ingress and egress drives, traffic generated by other buildings or uses, or pedestrian crossings. The edge of any ingress and egress drives shall be set back a minimum of 50 feet from intersections of two street right-of-way lines. No more than one such drive or curb opening shall be permitted per street. All maneuvering areas and stacking lanes shall be located within the site. The Commission may require a traffic impact assessment.

(d) Screening. Screening shall be provided on those side or rear lot lines abutting a residential district or use in accordance with the screening requirements of this Ordinance.

(e) Performance Standards. Devices for the transmission of voices shall be so directed or muffled as to prevent sound from being audible beyond the boundaries of the site.

(f) Prohibited Uses. Sales of alcoholic beverages shall be prohibited through any drive-in or drive-through service window or facility.

(g) Menu Boards. Menu boards may be erected, subject to the following:

(i) Such signs shall be located on the interior of the lot and shall be shielded so that they are not visible from the street right-of-way or adjacent properties.

(ii) The location, size, content, coloring or manner of illumination of a menu board shall not constitute a traffic or pedestrian hazard, or impair vehicular or pedestrian traffic flow in any manner.

(iii) The total sign area of all permitted menu boards shall not exceed 48 square- feet.

1162.27 HOTELS AND MOTELS.

(a) Access. All ingress and egress shall be directly to an arterial or collector street, as defined and identified in the Comprehensive Land Use Plan. Secondary building entrances and exterior room entrances shall not face a residential district or use.

(b) Minimum Unit Size. There shall be a minimum of 250 square feet of area per unit, and each unit available for rental shall contain a bathroom of not less than 35 square feet, at least one bedroom with not less than 150 square feet and a closet of not less than eight square feet.

(c) Additional Requirements. The hotel or motel shall provide customary services, such as maid service, linen service, telephone and/or desk service, and may provide an attached dining room with seating capacity for at least 20 occupants or an unattached restaurant with seating capacity for not less than 50 occupants located directly adjacent to the hotel or motel.

1162.28 OUTDOOR EATING AREAS AND SIDEWALK CAFES.

All outdoor eating areas and sidewalk cafes shall be accessory to a permitted restaurant use, and shall be subject to the permit approval procedure and other City requirements.

1162.29 OUTDOOR SALES OR DISPLAY AREA FOR SALES OR RENTALS OF GOODS, PRODUCTS, EQUIPMENT, MACHINERY, AUTOMOBILES AND OTHER MOTOR VEHICLES, RECREATIONAL VEHICLES, BOATS, BUILDING SUPPLIES, HARDWARE AND OTHER ITEMS.

(a) Setback Requirements. Outdoor sales or display areas shall be set back a minimum of 10 feet from any parking area, driveway or access drive, and 20 feet from any street right-of- way. No outdoor sales area shall be located within 50 feet of any residential district or use.

(b) Sidewalk Standards. A minimum of five feet of sidewalk width to the entrance of the establishment shall be maintained free for pedestrian circulation.

(c) Performance Standards. Outdoor sales and display areas must be kept clean, litter- free, and outdoor waste receptacles shall be provided. Written procedures for cleaning and waste containment and removal responsibilities shall be included with all applications and approved as part of site plan review. Vending machines and devices for the outdoor broadcasting of voice, telephone monitoring, music or any other amplified sound shall be prohibited.

(d) Signs. Additional signs shall not be permitted beyond those permitted for the primary use.

(e) Surface. Sales and display areas shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water. All areas for display of automobiles, trucks, recreational vehicles, boats and similar items shall be paved.

(f) Landscaping and Screening. Such sales or display area shall be separated from the parking area by landscaping, a decorative wall or other architectural feature in accordance with the screening requirements of this Ordinance. A six foot fence or wall, greenbelt or buffer strip may be required along the rear and sides of the lot, capable of keeping trash, paper, and other debris from blowing off the premises.

1162.30 PACKAGE LIQUOR STORES.

These regulations are intended to minimize potential adverse impacts from stores that sell packaged beer, wine, and liquor on adjacent uses and the quality of life and property values of abutting residential neighborhoods, where a concentration of such stores may disrupt business investment, increase crime or contribute to blight in the surrounding area. Stores that sell packaged beer, wine, and liquor shall be set back a minimum of 1,000 feet from any other store that sells packaged beer, wine, and liquor, all churches, temples and other places of worship, all child care facilities, schools, parks and hospitals, and all adult use or sexually-oriented businesses. The separation distance between uses shall be measured horizontally between the nearest point of each property line.

1162.31 PAWNSHOPS AND DEALERS OF SECOND HAND MERCHANDISE (EXCEPT FOR USED OR VINTAGE CLOTHING AND CHILDREN'S GOODS).

(a) Separation Requirements. Pawnshops and retail establishments that deal in second hand, used, or damaged goods, wares or merchandise shall be located at least:

(i) 500 feet from any residential district or use;

(ii) 500 feet from a site having a pawnshop or second hand dealer designation under this Ordinance; and

(iii) 500 feet from any elementary or secondary school.

(b) Displays. All windows and display areas shall be kept neat and orderly. No outside display of goods, wares, or merchandise shall be permitted.

1162.32 RECORDING STUDIOS.

No internal noise or sounds shall be audible outside of the building or beyond the walls of the space occupied by the studio. External activities generating noise or sound shall be no greater than the existing background noise level of the surrounding area. Mass production, duplication or storage of recorded material for distribution, sale, or promotion is prohibited.

1162.33 RETAIL STORES AND COMMERCIAL USES WITHIN 40,000 SQUARE FEET OR MORE OF GROSS FLOOR AREA.

(a) Uses. Uses subject to the requirements of this Section shall include, but shall not be limited to “Big-Box” Stores, Supermarkets, Wholesale Stores, Shopping Centers and Malls.

(b) Access and Circulation. A traffic impact study shall be required. Sites must abut an arterial or a collector street, with all ingress and egress directly to such street. The design shall ensure that vehicular circulation patterns are appropriately designed to eliminate potential conflicts between traffic generated by the site, and traffic on adjacent streets and streets. The number and location of curb cuts shall be the minimum necessary to provide adequate access to the site.

(c) Outlots. The site design, circulation, parking layout and building architecture of all outlots shall be complementary to and fully-integrated with the design of the overall site. Separate curb cuts for any outlots shall be prohibited, except where determined to be necessary by the Commission.

(d) Landscape and Screening. A greenbelt with a width of 20 feet shall be provided along all street frontages and side or rear yards to screen the view of the property from street rights-of-way and adjacent residential districts or uses in accordance with the screening requirements of this Ordinance, along with adequate screening for all loading facilities, trash receptacles, and mechanical equipment.

(e) Loading and Unloading Areas. Outdoor storage, pickup, delivery, loading and unloading of merchandise, equipment or other items, mechanical equipment, and trash disposal or compaction shall not occur within 50 feet of a residential district or use, nor shall such activities take place between the hours of 10:00 PM and 7:00 AM. No delivery vehicle within 50 feet of residential property shall have its engine, refrigeration unit or generator running between the hours of 10:00 PM and 7:00 AM. Trucks or trailers parked at a loading dock may be unloaded onto the loading dock between the hours of 10:00 PM and 7:00 AM provided that all activity occurs inside the truck or trailer or within the building.

(f) Pedestrian Walkway. A six foot wide concrete sidewalk shall be provided from the public sidewalk to the main entrance in a manner that effectively separates pedestrians from vehicular traffic. Driveway crossings shall be clearly delineated with pavement striping. Sidewalks shall be placed along the entire road frontage subject to City standards.

1162.34 TAVERN, PUB, BREWPUB, COCKTAIL LOUNGE, NIGHT CLUB, OR BILLIARD AND POOL HALL.

Such establishments shall be located at least 1,000 feet from all child care centers, schools, parks, hospitals and adult uses or sexually-oriented businesses. Screening consisting of a six foot masonry wall and a buffer strip shall be required on all side and rear lot lines abutting a residential district or use.

1162.35 TOBACCONISTS AND CIGAR/CIGARETTE SHOPS.

Such establishments shall be located at least 1,000 feet from any childcare center, school, park or hospital.

1162.36 INTENSIVE INDUSTRIAL OPERATIONS (INCLUDING BUT NOT LIMITED TO METAL FOUNDRY OR FABRICATION, CASTING, PLATING, BUFFING, STAMPING, DYEING, SHEARING OR PUNCHING, AND SIMILAR USES, AUTOMATIC SCREW MACHINES AND OTHER MACHINES).

(a) Setbacks and Screening. Sites shall not be located within 500 feet of any residential district or use. Appropriate screening, shall be provided along all side or rear lot lines in accordance with the screening requirements of this Ordinance.

(b) Parking and Loading. All parking, loading and maneuvering space shall be contained within the site. Special consideration shall be given to any potential loading and unloading nuisances on surrounding properties.

(c) Impact Assessment. The applicant shall submit an impact assessment describing the expected impacts associated with the use and any mitigation measures to be employed.

(d) Performance Standards. All such uses shall comply with the provisions of Chapter 1160, Performance Standards, of this Ordinance.

1162.37 OUTDOOR STORAGE OF GOODS, PRODUCTS, EQUIPMENT, MACHINERY, LUMBER, LANDSCAPING AND BUILDING SUPPLIES OR SIMILAR ITEMS.

(a) General Requirements. All outdoor storage areas must comply with the following requirements:

(i) Only materials intended for retail sale to the general public may be stored.

(ii) No junk or junk vehicles, as defined in this Ordinance, or parts thereof shall be stored.

(iii) The storage of soil, fertilizer and similar loosely packaged materials shall be contained and covered to prevent them from blowing into adjacent properties.

(iv) Any outside storage area shall be paved or surfaced with hard surface material and shall include a storm water drainage system.

(b) Setbacks. Any storage area shall comply with the minimum setback requirements for the district in which the facility is located, and no storage shall be permitted in the front yard.

(c) Landscaping and Screening. Sites shall be visually screened from all adjoining properties and street rights-of-way by a greenbelt or buffer strip and a solid decorative masonry wall or fence at least six feet and no more than eight feet in height, in accordance with the screening requirements of this Ordinance. No materials shall be stored above the height of the required wall or fence. No trailer, manufactured home or truck trailer shall be stored or used for storage.

1162.38 OUTDOOR STORAGE, DISMANTLING OR RECYCLING OF AUTOMOBILES, TRUCKS, RECREATIONAL VEHICLES, BOATS AND OTHER MOTOR VEHICLES, MANUFACTURED HOUSES AND SIMILAR ITEMS.

(a) Minimum Lot Size and Setbacks. Sites shall have a minimum lot area of 10 acres. Sites shall have a minimum front yard setback of 150 feet, and rear and side yard setbacks of 20 feet.

(b) Location. Sites shall not be immediately adjacent to any residential district or use.

(c) Landscaping and Screening. A 20 foot wide buffer strip and a masonry wall with a height of eight feet shall be required along all property lines, in accordance with the screening requirements of this Ordinance.

(d) Performance Standards and Requirements. The applicant must demonstrate that the activities of the salvage yard will comply with all state and federal regulations, the requirements of this Ordinance, and the following:

(i) Junk vehicles, as defined in this Ordinance, and scrap materials may not be stacked higher than the height of the screening wall.

(ii) Vehicles or vehicle bodies shall be stored in rows with a minimum 20 foot wide continuous loop drive separating each row of vehicles.

(iii) Vehicle parts shall not be stored, loaded, unloaded, or dismantled outside the wall enclosing the salvage yard.

(iv) All batteries shall be removed and all radiator and fuel tanks drained prior to placing the vehicle in the storage yard. Salvaged batteries, oil and other such substances shall be removed by a licensed disposal company.

(v) No vehicle, vehicle bodies, or other materials shall be stored in a manner as to be visible from any residence, business, or street.

(vi) The crushing of vehicles or any part thereof shall be limited to between the hours of 8:00 AM and 6:00 PM, Monday through Saturday.

(vii) The use shall be subject to periodic inspection by the City to ensure continuing compliance with the above standards.

1162.39 HAZARDOUS MATERIALS STORAGE.

Such uses shall comply with the provisions of Chapter 1160, Performance Standards, of this Ordinance and shall conform to current standards established by federal, State, and County governments. The applicant must supply the following documentation with any plan submitted for review:

(a) Description of any discharge of any type of wastewater to a storm sewer, drain, lake, stream, wetland, other surface water body or into the groundwater.

(b) Description of storage of any salt, oil or other potentially hazardous materials including common name, name of chemical components, location, maximum quantity expected on hand at any time, type of storage containers or base material, and anticipated procedure for use and handling.

(d) Description of any secondary containment measures, including design, construction materials and specifications, and security measures.

1162.40 RECYCLING COLLECTION FACILITIES AND COMPOSTING CENTERS.

(a) General Standards. Recycling facilities shall be limited to the collection of recyclable materials for processing at another site. All storage of recycled materials shall be within appropriate containers that have adequate and convenient access, with lockable lids and doors. Access shall be provided solely on arterial or collector streets.

(b) Setbacks. Commercial composting operations shall be at least 500 feet from any residential district or use. All composting operations shall be at least 200 feet from the boundary of any lake, stream, drain, wetland or other surface water body, and the applicant shall describe procedures for managing stormwater runoff and preventing pollution of surface water bodies or groundwater.

(c) Performance Standards. The applicant shall submit an impact assessment describing the expected odors, aesthetics, environmental impacts, vehicular and truck traffic impacts associated with the use, and any mitigation measures to be employed.

(d) Screening and Landscaping. Screening and landscaping shall be provided in accordance with the screening requirements of this Ordinance as deemed necessary by the Commission.

1162.41 SELF-STORAGE WAREHOUSES.

(a) Permitted Uses. The use shall be limited to storage of household and non- hazardous commercial goods. An accessory caretaker’s residence shall be permitted for the person or persons responsible for the operation of the facility.

(b) Minimum Lot Size and Setbacks. The minimum lot area shall be two acres. The minimum building and parking setback shall be 50 feet from any street right-of-way line, residential district or off-site residential use.

(c) Screening and Landscaping. Screening shall be provided on those side or rear lot lines abutting a residential district or use in accordance with the screening requirements of this Ordinance.

(d) Parking and Loading. All parking, loading and maneuvering space shall be contained within the site. Special consideration shall be given to any potential loading and unloading nuisances on surrounding properties.

(e) Storage. All storage shall be completely within enclosed structures.

1162.42 SLAUGHTER HOUSES, RENDERING PLANTS, TANNERIES, STOCK YARDS, GLUE FACTORIES, SOAP FACTORIES, OIL REFINERIES OR OTHER SIMILAR FACTORIES.

(a) Separation Requirements. The above uses shall be located at least 1,000 feet from any residential district or use, and 150 feet from any non-residential district boundary, except slaughtering, rendering and penning uses. All slaughtering, rendering and penning (only such animals are to be slaughtered on premises) shall be located at least 1,000 feet from any other zoning district boundary.

(b) Sanitation Requirements. The waste and by-products obtained from the slaughtering operations conducted on the premises may be transported to some other location to be rendered. No rendering shall be permitted on products originating outside of the slaughter house, and only dry rendering processes shall be used. All sanitary facilities shall be approved by the City and the County, and all waste and manure shall be removed daily.

(c) Parking and Loading. All parking, loading and maneuvering space shall be contained within the site. Special consideration shall be given to any potential loading and unloading nuisances on surrounding properties.

(d) Impact Assessment. The applicant shall submit an impact assessment describing the expected odors, aesthetics, environmental impacts, vehicular and truck traffic impacts associated with the use, and any mitigation measures to be employed.

(e) Performance Standards. All such uses shall comply with the provisions of Chapter 1160, Performance Standards, of this Ordinance.

1162.43 TRUCK TERMINALS AND DISTRIBUTION FACILITIES, WHOLESALING AND TRUCKING OPERATIONS, AND TRUCK STORAGE.

(a) Setbacks. Terminals shall be set back a minimum of 200 feet from any residential district or use.

(b) Traffic. A traffic impact study shall be required.

(d) Landscaping and Screening. Screening shall be required on those side or rear lot lines abutting a residential district or use in accordance with the screening requirements of this Ordinance.

1162.44 CIRCUSES, FAIRS, CARNIVALS AND SIMILAR USES.

Such uses may be permitted for institutional uses and other organizations for the sole purpose of raising money for the financial support of such institutions. Such use and occupancy shall not be disturbing to the public peace and tranquility, and shall not create undue traffic hazard and congestion. Limitations on hours of operation may be established by the City, or any other measures deemed necessary to minimize negative impacts on nearby uses and traffic operations along public streets.

(a) Permits and Approvals. Administrative approval shall be obtained from the Administrative Official. When such uses are for more than seven calendar days during a year, approval is also required from the Commission. Appropriate permits shall be secured by the applicant from the City and other agencies with jurisdiction.

(b) Insurance. The applicant shall provide evidence of adequate public liability insurance and property damage insurance to cover potential liability for death or Injury to persons, or damage to property, which may result from the conduct of the activity.

(c) Setbacks and Fencing. All buildings, structures and parking shall be at least 300 feet from any dwelling. The City may require placement of temporary fencing around all or part of the site.

1162.45 GARAGES FOR COMMERCIAL VEHICLES.

A structure for the storage of commercial vehicles used by a permitted use in a non- residential district, shall occupy not more than 25 percent of the lot area, and shall be located outside of any required yard areas.

1162.46 GARAGE SALES, ESTATE SALES AND PRIVATE AUCTIONS.

A garage sale, estate sale or private auction may occur on any lot not more than two times, and for not more than four consecutive days per occurrence, during any calendar year. Signage shall conform to the requirements of this Ordinance.

1162.47 MINING AND EXTRACTION USES.

The purpose of these requirements is to provide for the use of lands that have significant gravel, sand or other deposits for mining or extraction purposes in a manner that complies with the regulations of this Ordinance, would not constitute a hazard to the public health, safety and welfare, and would result in reclamation of the land in a suitable manner for other purposes. Such uses shall be subject to the following:

(a) Area. The minimum site size shall be 20 acres.

(b) Site Plan Information. The following additional information shall be provided on a site plan:

(i) Name and address of the person, firm or corporation who or which will be conducting the actual operation.

(ii) Location of the processing plant or buildings, whether on-site or off-site.

(iii) Type of materials or resources to be removed or to be brought to the site.

(iv) Proposed method of removal or filling, or incineration, general haul route, and whether blasting or other use of explosives will be required.

(v) General description of equipment to be used.

(vi) The estimated time to complete total operations.

(vii) The total area (expressed in acres) proposed to be excavated or mined.

(viii) A reuse plan, drawn to a scale of one inch equals 50 feet placed on a standard sheet and containing the following information:

(1) A proposed grading plan and landscape plan.

(2) A description of the land use activities proposed to be located on the site upon completion of mining or extraction operations.

(3) A description and location of the street, drainage, water and sanitary sewer facilities required to serve the uses.

(d) Setbacks. The following minimum setback standards shall apply:

(i) All structures and machinery shall be a minimum of 100 feet from all property lines and 200 feet from any residential districts or uses.

(ii) No mining, excavation, stockpiling of material or processing shall take place less than 100 feet from all property lines and 200 feet from any residential districts or uses. The Commission may approve a reduction in this setback requirement upon determining that proposed lateral support will adequately protect abutting property, and may require additional setback area upon determining that additional setback area is necessary to adequately protect adjacent property.

(iii) No mining, excavation, stockpiling of material or processing shall take place less than 100 feet from any street right-of-way, except where determined by the Commission to be necessary to reduce or raise the final elevation to the existing elevation of the street.

(e) Security. The site shall be enclosed with a six foot security fence with a locking access gate. Such fences shall be placed no closer than 50 feet to the top or bottom of any slope. The owner or operator shall place appropriate "KEEP OUT" - "DANGER" signs around said premises not more than 200 feet apart.

(f) Reuse Plan. Reclamation and rehabilitation of mining and landfill areas in accordance with the Reuse Plan shall be accomplished as soon as practicable following the mining or excavation of an area. Where possible, such rehabilitation and reclamation shall be accomplished concurrently with the mining or excavation operations. Substantial completion of reclamation and rehabilitation shall be effected within two years after termination of mining or excavation activity (inactivity for a 12 month consecutive period shall constitute termination of mining activity).

(g) State and Federal Requirements. Proof of all required outside agency approvals or permits shall be provided to the City prior to the start of work on the site.

(h) Access and Circulation. Truck routing shall be restricted to those streets designed to accommodate truck traffic on a year-round basis. All roads used for the purpose of ingress and egress shall be kept dust free by hard-topping with cement, bituminous substance or chemical treatment.

(i) Performance Standards. Such uses shall comply with the provisions of Chapter 1160, Performance Standards, of this Ordinance and the following:

(i) Creation of a lake or pond shall only be permitted where the applicant can demonstrate using engineering and hydrological studies that the water can be maintained in a non-polluted condition, and that the applicant meets any requirements of the State. In order to protect water wells and the water supply of the City, the pumping or drainage of water from such quarrying operations is absolutely prohibited.

(ii) No topsoil shall be removed from the site, and all topsoil shall be redistributed properly upon completion of the extractive activities, or phase thereof.

(iii) The slopes of the banks of the excavation shall in no event exceed seven feet horizontal to one foot vertical. Where ponded water results from the operation, this slope shall be maintained and extended into the water to a depth of 10 feet.

1162.48 TEMPORARY STRUCTURES AND USES.

Temporary structures and uses may be permitted, including a temporary dwelling installed on a single-family residential lot while a permanent dwelling is under construction. Such structures and uses shall comply with all applicable City Codes and Ordinances, and shall be subject to the following:

(a) Site and Use Standards. Temporary structures and uses shall comply with the following:

(i) The provisions of Chapter 1160, Performance Standards.

(ii) The dimensional standards and use provisions of this Ordinance for the district and type of structure or use.

(iii) Provisions for emergency vehicle access, off-street parking and loading, drainage and soil erosion.

(iv) Other conditions necessary to protect the public health, safety and general welfare.

(b) Duration. In no event shall a temporary structure or use, other than temporary construction buildings, be permitted on a site for longer than one year. The Commission or Building Inspector may impose a lesser time limit where deemed necessary.

(c) Temporary Construction Buildings. Temporary buildings associated with construction shall not be erected in any district unless a site plan has been approved, and such buildings shall be removed from the site before a final certificate of occupancy is issued for the primary building.

(d) Performance Guarantee. To insure strict compliance with the conditions attached to the issuance of the permit for a temporary structure or use, the applicant may be required to furnish a performance guarantee in an amount equal to the estimated cost of removing and disposing of the temporary structure or use ($500.00 minimum). The guarantee shall be returned after the temporary structure or use has been removed from the premises.

(e) Removal. Temporary structures or uses, other than temporary construction buildings, shall be removed within ten days after expiration of the permit or approval, or the Administrative Official may use the performance guarantee for such removal.

1162.49 TELECOMMUNICATIONS TOWERS.

(a) Purpose. These regulations governing telecommunications towers are established to provide for the construction, erection, extension and removal of such towers in districts permitting residential uses in the City and are related to certain applications of technology and engineering in the field of telecommunications. The purpose of these regulations is to balance the competing interests created by the federal Telecommunications Act of 1996 (Public Law 104-104) and the interests of the City in regulating telecommunications towers and related facilities for the following reasons:

(i) To provide for orderly development within the City;

(ii) To protect property values;

(iii) To maintain the aesthetic appearance of the City, including, but not limited to, its residential character, local business areas, and scenic views;

(iv) To protect residential properties, parks, open spaces and the commercial and institutional zoning districts from the adverse effects of towers and related facilities;

(v) To promote collocation of telecommunications towers in order to decrease the total number of towers in the City; and

(vi) To provide for and protect the health, safety and general welfare of the residents and visitors of the City.

(b) Applicability. No person shall locate, erect, construct, reconstruct, change, alter, remove or enlarge a telecommunications tower in the City without compliance with the provisions of this Section.

(i) A telecommunications tower shall only be permitted by right in the I-1 and I-2 Districts, and as a conditional use in the R-2, B-1, B-2, B-3, and B-4 Districts. A telecommunication tower is not permitted in any other zoning district in the City.

(ii) The installation of a telecommunication antenna(s), and the expansion of an existing equipment shelter to serve such antenna(s), may be permitted as a conditional use on an existing telecommunication tower in any district.

(iii) The installation of a telecommunications antenna where the construction or erection of a tower is not proposed by the applicant, shall be permitted as an accessory use on existing towers, buildings or structures. To the extent the remaining standards of this section are applicable to the situation involving the installation of a telecommunications antenna(s) on an existing tower, building or structure, such standards shall govern the installation.

(d) Collocation.

(i) All applicants for construction or erection of telecommunications towers shall be required to construct on a base tower structure and structure foundation that is designed to be buildable up to, but not including, 200 feet above grade. Such structure shall be designed to have sufficient structural loading capacity to accommodate at least four antenna platforms or antenna arrays of equal loading capacity for four separate providers of service to be located on the structure when constructed to the maximum allowable height. The telecommunications facility shall also be designed to show that the applicant has enough space on its site plan for an equipment shelter large enough to accommodate at least four separate users of the facility. If an equipment shelter is initially constructed to accommodate only one user, space shall be reserved on site for equipment shelter expansions to accommodate up to at least four separate users. Agreement to the provisions of this subsection must be included in the applicant's lease with the landowner, if different from the owner/user of the tower. Written documentation must be presented to the Commission evidencing that the landowner of the property on which the tower is to be located has agreed to the terms of this subsection. As an additional condition of issuing a conditional use permit, the owner/user shall respond in writing to any inquiries regarding collocation of another user of the facility within 30 days after receipt of a written inquiry. Copies of all written requests to collocate and all written responses shall be sent to the Commission.

(ii) The applicant requesting permission to install a new tower shall provide evidence that there is no technically suitable space for the applicant's antenna(s) and related facilities reasonably available on an existing tower, building or structure within the geographic area to be served. With its application, the applicant shall identify the location of every tower, building or structure that could support the proposed antenna(s) or area where it would be technically suitable to locate so as to allow it to serve its intended function. As part of its application, the applicant shall provide a scaled map of all of its existing, proposed or planned antenna locations within a five-mile radius of the site which is the subject of the application.

The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building or structure. If an existing tower, building or structure is technically suitable, the applicant must demonstrate that it has made written request to collocate on the existing tower, building or structure and the request was rejected by the owner of the tower, building or structure. In all circumstances, owners of existing towers shall promptly respond in writing to requests for collocation, but in no event shall they respond more than 30 days from the date of receipt of a written request for collocation. If another telecommunications tower is technically suitable, the applicant must further show that it has offered to allow the owner of that other tower to collocate an antenna(s) on another tower within the City which is owned or controlled by the applicant, if available, on commercially reasonable terms and the offer was not accepted.

(e) Spacing. There shall be a separation of a minimum of one-half mile between telecommunications towers.

(f) Height. Notwithstanding the height requirements of the underlying zoning district, the maximum height of a free-standing telecommunications tower, including its antenna and all appurtenances, shall be less than 200 feet above grade. The height of any equipment shelter shall not exceed 18 feet from grade.

(g) Setbacks. The tower and related facilities shall comply with the required setbacks in the zoning district in which they are located. In no event shall a telecommunications tower or facility be located in front of the principal building on the lot, if any.

(h) Design.

(i) All telecommunications towers should be monopole design, and shall be painted light gray in color unless otherwise required by state or federal law.

(ii) Where conditionally permitted, all telecommunications facilities shall be subject to review by the Commission for the purpose of enhancing the compatibility of the facilities with their surroundings.

(iii) The telecommunications antennas shall be of a panel design and mounted flush to the tower, building or structure which elevates the antennas, unless the applicant can demonstrate that it is not feasible from an engineering standpoint to use such antennas or to mount them in such a fashion.

(i) Landscaping. A landscaped buffer area of not less than 15 feet in depth shall be placed between the telecommunications facilities and the public rights-of-way and any adjacent properties from which a direct view can be had of the facilities, other than the tower itself. The 15 foot landscaped buffer shall have a tight screen fence of hardy evergreen shrubbery not less than six feet in height at the time of planting. The landscaping shall be continuously maintained and promptly restored, if necessary.

(j) Engineering Report. A report shall be prepared and submitted by a qualified and licensed professional engineer and shall provide proof of compliance with all applicable federal, State, County, and City regulations. The report shall include a detailed description of the telecommunications tower, antenna(s), equipment shelter, and appurtenances, and shall certify that radio frequency (electromagnetic) emissions are in compliance with the regulations of the Federal Communications Commission (FCC).

(k) Maintenance.

(i) Upon the provision of a notice, the applicant shall submit a plan documenting how the telecommunications facility will be maintained on the site in an ongoing manner that meets industry standards.

(ii) On each biennial anniversary of the issuance of the zoning permit for a telecommunications facility, or not more than 90 days prior thereto, the owner/user shall submit to the Administrative Official a report prepared by a licensed professional engineer(s) which shall verify continued compliance of the facility with all governmental requirements including, but not limited to, the structural integrity and stability of any towers or antennas, electrical safety standards, and auxiliary power source safety standards.

(l) Lighting. Except as required by law, an antenna or a tower shall not be illuminated and lighting fixtures or signs shall not be attached to the antenna or tower. If lighting is required by Federal Aviation Administration (FAA) regulations, the most visually unobtrusive "state-of-the- art" lighting available shall be used, unless otherwise required by the FAA.

(m) Security.

(i) A security fence, not less than eight feet in height, shall fully enclose those portions of the telecommunications facility which come in contact with the ground. Gates shall be locked at all times.

(ii) A permanent warning sign with a minimum size of two square feet and a maximum size of six square feet shall be posted on the site. In addition the sign shall specify an emergency telephone number of the owner/user of each set of antennas on the site. The owner/user shall also provide the Administrative Official and the Fire Chief with information on whom to contact, an address, and a telephone number in the event of an emergency.

(n) Advertising Prohibited. No advertising sign(s) or devices shall be permitted anywhere on a telecommunications tower site.

(o) Outdoor Storage. There shall be no outdoor storage of equipment or other items on the telecommunications facility site except during the facility construction period and to supply emergency power to the facility only during a power outage.

(p) Access to Facility. The access driveway to the telecommunications facility shall, whenever feasible, use circulation driveways of the existing use on the lot, if any. Where use of an existing driveway is not feasible, the driveway to the facility shall be a minimum of 18 feet in width with a minimum overhead clearance of 11 feet and shall be setback a minimum of 20 feet from the nearest side or rear lot line. This driveway shall meet the load limitations for fire equipment. If the access road to the facility is more than 1,500 feet from the public right-of-way, a turnaround shall be provided for emergency vehicles at the site and a by-pass, adequate for emergency vehicles, with an approachable access shall be provided for each additional 1,500 feet of the driveway. There shall be a maximum of one off-street parking space on the facility site.

(q) Accessory Equipment Shelter. The maximum cumulative total size of all equipment shelters accessory to a telecommunications tower or antenna on a lot shall be 1,000 square feet, and their maximum height shall not exceed 18 feet from grade. Only one equipment shelter, or the configuration of more than one shelter appearing as one shelter, shall be permitted on a lot. Where it is technically feasible and reasonably practical, an existing building or structure on a lot shall be used to shelter the equipment associated with a telecommunications facility.

(r) Underground Utilities. All utility lines from the utility source to the telecommunications facility shall be underground.

(s) Time Limit for Commencement and Completion. After issuance of a zoning permit to construct a telecommunications facility, the applicant shall commence construction within six months and shall complete construction within one year or the zoning permit shall expire.

(t) Abandonment and Removal of Facilities.

(i) If at any time the use of the telecommunications facility is discontinued for 180 consecutive days, said facility shall be deemed abandoned. The Administrative Official shall notify the owner/user in writing and advise that the facility must be reactivated within 90 days or it must be dismantled and removed from the site within that same ninety 90-day period at the cost of the owner/user. The owner/user of the telecommunications facility shall, on no less than an annual basis from the date of issuance of the zoning permit, file a declaration with the Administrative Official as to the continuing operation of each of its facilities within the City.

(ii) The applicant for the telecommunications facility shall be required as a condition of issuance of a zoning permit to post a cash or surety bond acceptable to the Law Director of not less than $100.00 per vertical foot from grade of the telecommunications facility, which bond shall insure that an abandoned, obsolete or destroyed telecommunications antenna or tower shall be removed within 90 days of cessation of use or abandonment. Any successor-in-interest or assignee of the applicant shall be required to additionally execute such bond, as principal, to insure that the bond will be in place during the period of time that the successor-in-interest or assignee occupies the facility.

(u) Exemption of Certain City Property. Regardless of the provisions of this Section, a telecommunications facility may be permitted on any property owned or controlled by the City and used for public services and shall be constructed, erected, maintained, extended and removed under such conditions, standards and regulations as required by the Council.

1162.50 SMALL WIND ENERGY SYSTEMS.

The purpose of this regulation to promote the safe, effective and efficient use of small wind energy systems installed to reduce the on-site consumption of utility supplied electricity. Small wind energy systems shall meet the following requirements:

(a) Primary purpose shall be to provide power for the principal and accessory uses of the property and not for the generation of power for commercial purposes.

(b) Minimum lot size of five acres.

(d) Small wind energy system shall be located only in the rear yard.

(e) Maximum height shall be 150 feet, measured from the natural grade surrounding the support pad to the tip of the blade in a vertical position measured along the vertical axis of the tower.

(f) Minimum setback from all property lines, structures, and above ground utility lines shall be no less than 110 percent of the tower height.

(g) Anchor points for guy wires for the tower shall be located no closer than 25 feet to the property lines and not on or across any above ground electric transmission or distribution lines.

(h) Minimum height from the base of the tower to the lowest part of the blade tip or rotor system shall be 12 feet.

(i) Blade color shall be white or light gray.

(j) Lighting of the tower for aircraft and helicopter shall conform with Federal Aviation Administration standards for wattage and color, when applicable.

(k) The tower shall have either:

(i) Tower climbing apparatus located no closer than 12 feet to the ground level at the base of the structure;

(ii) A locked anti-climb device installed on the tower; or

(iii) Shall be completely enclosed with a locked fence at least six feet in height to prevent uncontrolled access from unauthorized personnel.

(l) A sign shall be posted at the base of the tower warning of electrical shock or high voltage.

(m) An automatic braking, governing or feathering system shall be required to prevent uncontrolled rotation.

(n) All small wind energy systems must separately comply with Alliance City Building Department regulations (building, mechanical, electrical, etc.).

(o) All small wind energy systems shall be installed, operated and maintained per the manufacturer's instructions, including compliance with Ohio EPA regulations regarding storage and disposition of batteries and other hazardous materials.

(p) No variance shall be issued for the placement of a small wind energy system so close to a property line that it may result in any portion of the system to overhang, cross, or otherwise extend beyond the property line at any time, whether erect or in the event the system should fall or be toppled.

(q) Decommissioning and Restoration. Any small wind energy system which has reached the end of its useful life or has been abandoned shall be removed. A small wind energy system shall be considered abandoned when it fails to operate for one year. The applicant shall include the following information regarding decommissioning of the project and restoring the site when submitting the application for a conditional use:

(i) The anticipated life of the project;

(ii) The estimated decommissioning costs in current dollars;

(iii) The method and schedule for updating the costs of decommissioning and restoration;

(iv) The method of ensuring funds will be available for decommissioning and restoration; and

(v) The anticipated manner in which the project will be decommissioned and the site restored.

(r) Site Plan requirements shall include, but not be limited to:

(i) Property lines and physical dimensions of the site.

(ii) Location of small wind energy system tower, guy wires, setbacks from property lines, above- and under-ground utility lines, easements and any structures on the property. Also show location of sewage treatment system.

(iii) Location of signage.

(iv) Elevation of the proposed small wind energy system tower.

(v) Location of trees within a 100 foot radius of the proposed small wind energy system.

(vi) Manufacturer's specifications, including make, model, and picture.

(vii) Scaled drawing no smaller than 1" = 100'.

(Ord. 45-09. Passed 9-8-09.)

1162.53 CANNABIS BUSINESS DISTRICT (CBD).

(a) Purpose. The purpose of the Cannabis Business District (CBD) is to provide for the placement and regulation of Medical and Adult Use Marijuana Establishments as authorized pursuant to State law and regulations with the goal of minimizing potential adverse impacts on adjacent property owners, neighborhoods and the City in general.

(b) Applicability. The Cannabis Business District is hereby established as an Overlay District which shall consist of lots as they existed as of January 1, 2024 within the City of Alliance. The CBD would primarily be used to overlay the B-2 Zoning District on parcels located on State Street between the western corporate limit and Sawburg Road/Beachwood Ave, between Lilly Lane and Parkway Boulevard, and from a point of one thousand feet (1000’) west of Mahoning Avenue to the eastern corporate limit. The CBD designation does not replace the underlying zoning classification but rather provides an eligible project with the opportunity to be reviewed and approved as a Conditionally Permitted Use in a CBD designated area.

(1) The word "lot" as used in this Chapter includes the word "plot" or "parcel"; the words "used" or "occupied" include the words "arranged," "intended" or "designed to be used or occupied"; the words "building" or "structure" include the words "or portion thereof"; the word "located" includes the words "erected" and "altered."

(2) "Medical Marijuana Facility(ies)" Includes Cultivation Facilities, Processing Facilities, Dispensaries, and Testing Laboratories as Provided in Ohio Revised Code 3796.

(3) “Adult Use Cannabis Control” definitions as laid out in Ohio R.C. 3780.01.

(d) Requirements for Medical and Adult Use Marijuana Facilities Including Cultivation Facilities, Processing Facilities, Dispensaries and Testing Laboratories.

(1) Medical and Adult Use Marijuana Facilities.

A. No medical or adult use marijuana facility shall be located within 1,000 feet of another medical or adult use marijuana facility and 500 feet of a school, church, public park, public playground or public library, consistent with State of Ohio spacing requirements, as provided in ORC 3796.09, 3796.10, and Chapter 3780 and the analogous provisions in the Ohio Administrative Code and this Code.

B. Prohibited location: no medical or adult use marijuana facility shall be located in a residentially zoned area.

C. Cultivation and processing facilities will be permitted as conditional uses in zones I-1 and I-2. Dispensaries will be permitted as a conditional use in the Overlay District in zone B-2. Testing Laboratories will be permitted as conditional uses in zones B-1, B-2 and B-3.

D. In addition to the general standards applicable to all conditional uses under this code, the planning staff, the City Planning Commission and the Council, when studying a petition for a conditional use, shall consider the following criteria:

1. The impact of the proposed use on public safety in the surrounding community.

2. The impact of the proposed use on the economic welfare of the surrounding community.

3. The impact of the proposed use on the general welfare of the surrounding community in regard to any odor emanating from the proposed use, and the mandatory use of a state-of-the art filtration system.

4. The impact of the proposed use on any disproportional concentration of medical marijuana cultivation facilities processing facilities, testing laboratories or dispensaries in the surrounding community.

5. Regarding medical marijuana dispensaries, the location of the proposed use in relation to medical or pharmaceutical facilities of a complimentary nature (e.g. pharmacies, physician offices, etc.)

(2) The petitioner shall comply with all local and state laws pertaining to medical and adult use marijuana facilities for cultivation, processing, dispensing and/or testing, including all local and state licensing requirements. If the petitioner has not obtained a state provisional license within one year of Council granting a conditional use, the conditional use shall expire at that time.

(Ord. 031-24. Passed 8-19-24.)