Brunswick City Zoning Code
CHAPTER 1274
Conditional Zoning Certificates
1274.01 PURPOSE.
The purpose of this Chapter is to establish procedures and regulations for uses which have the potential to be made compatible with the use characteristics of the districts in which they are listed as conditional uses. Because of the nature of these uses, additional control and public comment concerning their location, design, intensity, configuration and community impacts are necessary to insure compatibility with other near-by uses.
1274.02 CONDITIONAL ZONING CERTIFICATE REQUIRED.
(a) Certificate Required. A conditional zoning certificate shall be required for any use listed in this Code as a conditionally permitted use. Applications for conditional zoning certificates shall be submitted, reviewed and acted upon according to the procedures and standards established below.
(b) Implication. Listing of a particular use as a conditionally permitted use in a district shall not imply any rights for approval of such use for any property or property owner. A use listed as a conditionally permitted use is not permitted by right. Listing as a conditional use affords the opportunity to submit an application for a conditional zoning certificate for public comment and for review and action by the Planning Commission. Such application may be approved or denied on the basis of the requirements and standards contained in this chapter.
1274.03 APPLICATION.
(a) Application. Any owner or lessee of property for which a conditionally permitted use is proposed shall make application for a conditional zoning certificate on a form for that purpose submitted to the Division of Building.
(b) Contents. Along with such other information as the Planning Commission may require, each application shall include the following:
(2) A list of the names and tax mailing addresses of the owners of record of all properties located within 200 feet of the property, as listed on the County Auditor's current tax list or the County Treasurer's mailing list;
(3) The specific conditionally permitted use for which approval is sought, along with a description, as appropriate, of goods and services, hours of operation, number of employees, nature and volume of delivery activity and such other information as will fully convey to the Planning Commission and to the public the nature of the proposed use and its potential impacts;
(4) A narrative statement addressing the compatibility of the proposed use with near-by properties and with the comprehensive plan, and addressing the general standards in Section 1274.07 and, as applicable, the detailed supplementary requirements for the specific use;
(5) Such other information as the Planning Commission deems is necessary to make a determination on compliance of the proposed use with the applicable standards and regulations. If the Commission determines that additional studies or expert advice are necessary to evaluate the effects of a proposed use, the cost of such studies or advice shall be borne by the applicant.
(Ord. 53-97. Passed 5-12-97; Ord. 5-16. Passed 2-8-16.)
(Ord. 53-97. Passed 5-12-97; Ord. 5-16. Passed 2-8-16.)
1274.04 HEARING AND NOTICE.
(a) Hearing. Prior to acting on any pending application, the Planning Commission shall hold a public hearing on such application. The Commission shall hear and consider the comments and evidence presented by the public as to the standards and requirements set forth in this Code which are applicable to the proposed conditional use.
(b) Notice. Written notice of the hearing shall be mailed to the owners of all property within 200 feet of the property on which the conditional use is proposed. Notice shall be sent by first class mail not less than ten calendar days prior to the date of the hearing. Notice shall also be published in a newspaper of general circulation in Brunswick not less than ten days prior to the hearing.
1274.05 REVIEW AND ACTION BY THE COMMISSION.
(b) Administration Review. The Chief Building Official or designee shall coordinate reviews of pending conditional zoning applications by the various City departments. The Director shall present such written reports to the Commission in timely fashion, prior to Commission action on the pending application.
(c) Time Period. The Commission shall act as soon as practical on the pending application, but in no event shall the Commission act later than 30 days after the date of the public hearing. The review period may be extended by agreement with the applicant.
(d) Form of Action. The Planning Commission shall, after review of the application and all other information presented, take one of the following actions:
(1) Approve a conditional zoning certificate based upon findings of compliance with all standards and requirements of this Code and subject to conditions established by the Commission; or
(2) Deny a conditional zoning application. In denying an application, the Commission shall clearly state the reason(s) for this action.
(e) Conditions. In approving a conditional zoning certificate, the Planning Commission may establish such additional conditions as it deems necessary to protect the public welfare, preserve the purpose and intent of this Zoning Code, to protect the character of the surrounding properties and neighborhood, and to mitigate any special characteristics of the use. Such conditions may include, but shall not be limited to, factors such as location and setbacks; landscaping, screening and buffers; access and circulation for vehicles, bicycles and pedestrians; noise control; development features such as paving, parking, and signs; hours and methods of operation; site maintenance, including landscaping; and means to control effects such as odors, dust, and refuse mater. The Commission may also establish time limits if the proposed use is to be temporary or requirements for periodic reviews by the Commission to insure continuing compliance with the conditional zoning certificate or to review changed circumstances.
(f) Reapplication. No application for a conditional zoning certificate which has been denied wholly or in part by the Commission shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration as determined by the Commission.
(Ord. 53-97. Passed 6-11-97; Ord. 5-16. Passed 2-8-16.)
1274.06 ISSUANCE, EXPIRATION AND AMENDMENT.
(a) Issuance of Certificate. Subsequent to approval by the Planning Commission, the Commission shall issue a conditional zoning certificate stating the conditionally permitted use and all conditions of the approval. Approved certificates shall be signed by the applicant and by the Commission.
(b) Expiration. Approval of a conditional zoning certificate shall expire, and the certificate shall become null and void, in the following cases:
(1) The applicant does not commence operation of the conditionally permitted use within one year of the date the certificate is issued or does not complete required improvements within 3 years, or within such other time periods as stated in the certificate; or
(2) The conditionally permitted use ceases for a period of one year; or
(3) The conditional zoning certificate is revoked by the Commission according to the procedures established below.
The Commission may approve a request from the applicant to extend the time
period to establish or re-establish the conditional use.
(c) Revocation. The Planning Commission may make a preliminary determination that violations of the certificate necessitate revoking a conditional zoning certificate. Upon making such preliminary determination, the Commission shall set a public hearing date, notify the certificate holder, notify property owners as provided in Section 1274.04
(b) above, and request reports on the matter from the Building and Zoning Inspector. Subsequent to the public hearing, the Commission shall take action to affirm, revoke, or amend the certificate.
(d) Transfer. A conditional zoning certificate may transfer to a new owner when a property or business is sold, subject to approval of the Planning Commission. The new owner shall be bound by the conditions of the certificate as long as the conditionally permitted use is continued. Prior to transfer of ownership, the proposed new owner shall submit a statement to the Commission that the new owner will comply with all provisions of the conditional zoning certificate. Failure of the new owner to notify the Commission of the sale shall not relieve the new owner of responsibility for compliance with the certificate.
(e) Amendment. The owner of a business or property for which a conditional zoning certificate is in effect may request amendment of the certificate. The Commission may determine that the proposed amendment requires review and notice according to the procedures for a new permit established in Sections 1274.04
and 1274.05
above.
1274.07 STANDARDS FOR ALL CONDITIONAL USES.
In review of a conditional use application, the Planning Commission shall consider whether there is adequate evidence that the proposed conditionally permitted use is consistent with the following standards:
(a) The proposed use shall be harmonious with the existing or intended community character of the neighborhood.
(b) The proposed use shall not have an adverse impact on the use of adjacent property or the community as a whole.
(c) The proposed use shall be adequately served by essential public facilities and services such as, but not limited to, roads, public safety forces, stormwater facilities, water, sewer, or schools.
(d) The proposed use shall be in accord with the general and specific objectives of the Zoning Code and comprehensive plan and any other applicable plans and ordinances of the City of Brunswick.
(e) The proposed use shall be consistent with a use specifically listed as a conditionally permitted use in the zoning district in which it is proposed to be located.
1274.08 SPECIFIC CONDITIONS APPLYING TO MULTIPLE USES.
The following specific conditions apply to those conditionally permitted uses which indicate the particular specific condition in the various residential, commercial or industrial zoning districts:
(a) In residential districts, all structures and activity areas shall be located at least 100 feet from all property lines. In commercial districts, all structures and activity areas shall be located at least 100 feet from a residential district or from a multifamily property line.
(Ord. 9-03. Passed 1-27-03.)
(1) For educational institutions and governmentally owned and/or operated buildings in residential districts, all structures and activity areas shall be located at least seventy-five feet from all residential property lines. This shall not include sports fields.
(2) Construction trailers in residential districts shall be permitted to be located a minimum of fifty feet from a neighboring residential property line during the construction period only. A permit must be obtained from the Division of Building. (Ord .111-2020. Passed 2-22-21.)
(b) Such use shall be located on a collector, minor arterial or arterial street as designated on the currently-adopted thoroughfare plan.
(c) Such use shall be located on a minor arterial or arterial street as designated on the currently-adopted thoroughfare plan.
(d) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual or to the community in general.
(f) All activities, except those required to be performed at the fuel pumps, shall be carried on inside a building. If work is performed on a vehicle, such vehicle shall be entirely within the building.
(g) Loudspeakers causing a hazard or annoyance to adjacent residential properties are prohibited.
(h) Such use may display one wall sign and one freestanding sign as specified in Table A of Chapter 1270.
(Ord. 9-03. Passed 1-27-03.)
(Ord. 9-03. Passed 1-27-03.)
(i) In commercial districts, all structures and activity areas shall be located at least 100 feet from a residential district or from a multifamily property line, subject to the following:
(1) In commercial districts, both parking space areas and areas paved for emergency, vehicular, or pedestrian access to and about the property, including any fences surrounding such areas, shall, for setback purposes, be required to comply only with Section 1276.09(a), as such section relates to “parking”;
(2) The Planning Commission shall have authority to require, for both parking space areas and areas paved for emergency, vehicular, or pedestrian access to and about the property in commercial districts, a greater setback from adjacent residential districts or adjacent multifamily properties up to a maximum of fifty feet, upon a showing by the preponderance of competent, probative evidence that the setbacks permitted in Section 1276.09(a) will result in a substantial adverse impact on the value of such adjacent residential district or multifamily development; and
(3) No applicant for a conditional zoning certificate shall be required to demonstrate the absence of the substantial adverse impact identified in Section 1274.08(i)(2) as a condition to receiving a certificate, but may rebut other evidence introduced that purports to show such impact. (Ord. 84-09. Passed 10-26-09.)
1274.09 HOME OCCUPATIONS.
(a) Such uses shall be conducted by the occupants with no additional non-resident employees.
(b) Such occupations shall be carried on entirely within the dwelling and not in an accessory building.
(c) The home occupation shall not occupy more than twenty percent of the living floor area of any one dwelling unit.
(d) The proposed use shall not constitute primary or incidental storage facilities for a business, industrial or agricultural activity conducted elsewhere.
(e) No activity, materials, goods or equipment indicative of the proposed use shall be visible from any public way or adjacent property.
(f) No advertising sign shall be permitted.
(g) The home occupation shall not utilize mechanical, electrical or other equipment which produces noise, electrical or magnetic interference, causes fluctuation in line voltage, vibration, heat, glare or other nuisances outside the dwelling unit in which it is located.
(h) There shall be no outside storage of any kind related to the home occupation. There shall be no display of products associated with the home occupation.
(i) Delivery or shipping of supplies and materials shall be accomplished by private automobile or regular mail service. Small delivery vehicles of the type normally used for small parcel deliveries to single family dwellings may be used, provided such vehicles shall make no more than two deliveries or shipments per week. At no time shall semitrailer type vehicles be used for deliveries or shipping.
(j) Prohibited home occupations shall include auto repair, clinics, hospitals, barber or beauty shops, tourist homes, animal hospitals or kennels, and gun or ammunition sales, among others. (Ord. 53-97. Passed 5-12-97.)
(k) Customers shall not be permitted to enter upon the property or dwelling unit upon which the home occupation is conducted.
(Ord. 34-2021. Passed 6-14-21.)
1274.10 TEMPORARY RETAIL SALES.
Temporary retail sales by transient vendors with no permanent business address in the City of Brunswick, and which are not accessory to a principal use on the property, are conditionally permitted in the C-N, C-H, C-G and GW-C Districts, subject to the indicated specific conditions in Section 1274.08 and the conditions listed below.
(Ord. 25-08. Passed 4-28-08.)
(a) The Planning Commission shall set time limits for the duration of the temporary retail sales and limits for daily hours of operation. The Commission may require an appropriate financial guarantee to insure prompt removal of the temporary activity, including removal of trash and any other debris associated with the activity.
(b) Applications shall include copies of a current vendor's license or transient vendor's license and written permission from the property owner to temporarily use the property, including any terms and conditions of that approval.
(c) All display booths, stands, merchandise displays and other temporary structures shall comply with all front, side and rear yard setbacks required for the applicable zoning district.
(d) The temporary retail sales shall provide off-street parking and circulation areas complying with the requirements of Chapter 1276, both for the temporary use and for any other permanent uses on the site.
(e)
Temporary electrical service shall comply with the requirements of the Ohio Basic Building Code and have a permit from the Division of Building. All signs shall comply with the provisions of Chapter 1270.
(f) Temporary retail sales shall include the sale of merchandise only, and shall not involve any repair, assembly, preparation or other similar non-retail activities.
(g) All temporary sales activities shall clearly display, in a prominent position within the product display area, the following information:
(1) Name, address and phone number where the transient vendor can be reached so customers can seek redress for faulty merchandise or service; and
(2) Name, address and phone number of the manufacturer or distributor of the offered product or service should it be other than the transient vendor.
(3) The conditional zoning certificate approved by the Brunswick City Planning Commission.
(h) Violations of this section shall be corrected or cited according to the provisions of Section 1244.10(d).
(i) The requirements for temporary retail sales shall not apply to any educational, civic, religious, or charitable organization which has a permanent location within the City, Medina County, or the immediate surrounding area.
(Ord. 53-97. Passed 5-12-97; Ord. 5-16. Passed 2-8-16.)
(Ord. 53-97. Passed 5-12-97; Ord. 5-16. Passed 2-8-16.)
1274.11 VEHICLE SALES.
New vehicle sales are conditionally permitted in the C-G and GW-C zones. New and/ or used vehicle sales are conditionally permitted in the C-H zone. Both uses subject to the indicated specific conditions in Section 1274.08 and the conditions listed below.
(Ord. 26-08. Passed 4-28-08.)
(a) Such uses may include sales, leasing, renting and related services of passenger cars, vans, trucks and recreational vehicles, and accessory service and repair operations.
(b) Each use shall have a minimum site area of 3 acres. Each use shall include one or more buildings for vehicle display, sales and service with an aggregate minimum floor area of 15,000 square feet.
(c) All areas used for vehicle display, and areas used for customer, employee and other short-term parking and circulation shall be shown on site plans approved by the Planning Commission for this purpose and shall be paved according to the requirements of Chapter 1276. With Commission approval, areas for vehicle and storage may be unpaved. Parking areas designated for display or inventory may depart from the required standards for design of parking spaces and aisles in Chapter 1276.
1274.12 BED AND BREAKFAST.
Bed and breakfast establishments are conditionally permitted in the residential and commercial districts, subject to the indicated specific conditions in Section 1274.08 and the conditions listed below.
(a) Such use shall remain secondary to the principal residential use, and shall be occupied and managed by the property owner. A minimum of 500 square feet of gross interior floor area shall be available for each rental unit and the owner's unit.
(b) Food service shall be limited to breakfast served only to overnight paying guests with no additional fee. Cooking in individual guest bedrooms is prohibited.
(c) Paved parking complying with the requirements of Chapter 1276 shall be provided for permanent residents and for transient guests. Parking areas shall be designed and screened to lessen their intrusion into a residential area.
(d) Signage shall be limited nameplate mounted on the building wall and not exceeding 4 square feet.
1274.13 AUTOMOBILE FILLING STATIONS.
Automobile filling stations are conditionally permitted in the commercial districts, subject to the indicated specific conditions in Section 1274.08 and the conditions listed below.
(a) The minimum lot size shall be 20,000 square feet and minimum lot width shall be 125 feet. Pump islands and canopies shall be a minimum of 15 feet from any property or right of way line.
(b) All driveway approaches shall comply with the requirements of Chapter 1276. Combined driveways with adjacent commercial uses are encouraged. Site plans shall designate tank truck routes.
(c) Adjacent to a residential district, a multifamily use or a place of public assembly, there shall be a solid fence, wall or hedge along the common property line. The fence, wall or hedge shall have a minimum height of 6 feet, and shall be designed to provide clear views of approaching traffic for drivers entering or exiting the site.
(d) All parking shall comply with the requirements of Chapter 1276
. Additional parking shall be provided for non- automotive uses on the site, such a convenience stores. No parking of new or used vehicles for sale or junk vehicles is permitted, except in compliance with the requirements of Section 1276.11
.
(e) A pedestrian safety curb at least six inches high shall be installed along all street right-of-way lines except at driveway approaches.
(f) All automobile filling stations shall maintain restrooms available to the public and shall maintain free water and compressed air for vehicles.
(g) The exterior of filing station buildings shall be harmonious with other commercial buildings in the area. Exterior walls shall be primarily brick, stone or wood comparable to other commercial buildings. Filling station sites shall comply with the landscaping requirements in Chapter 1282.
(h) All outdoor storage and display shall comply with the requirements of Section 1280.12. Accessory rental of trucks or trailers shall require Planning Commission approval and shall not be stored within the minimum front yard setback(s).
(i) No body work or paint spraying and no major motor repairs or transmission or motor overhauls shall be permitted except for the removal and/or installation of new or rebuilt units.
(j) No use of pennants, banners, streamers, whirligigs, "point of sale" materials (except product identification on pumps, pump island light poles and motor oil cabinets) shall be permitted, except as provided for temporary special event signs. No rubbish in unscreened outside areas shall be permitted.
1274.14 COMMUNICATION TOWERS.
Communication towers, other than amateur radio towers located on the property of the homeowner, are conditionally permitted in the C-H Highway Interchange Commercial Zoning District, I-L Light Industrial Zoning District and C-G General Commercial Zoning District, subject to the indicated special conditions in Section 1274.08 and the conditions listed below:
(a) All conditionally permitted towers and associated accessory structures shall be located at least 200 feet from all property lines, or 110 percent of the tower height, whichever is greater. Where such towers are located on property abutting a residential zoning district or use, the towers shall be located at least 300 feet from the property line adjacent to a residential zoning district or use.
(b) Such towers shall be located in areas where intrusion into a residential or commercial district is minimized. Conditionally permitted towers located along the I-71 corridor in conditionally permitted zoning districts shall be located so that the tower does not detract from the appearance of the City as seen from I-71.
(c) The base of the tower shall be fenced, landscaped and screened to provide security and to lessen the intrusion into the residential, commercial or industrial zoning district.
(d) Signage or other forms of advertising are prohibited on the towers, except as specifically approved by the Planning Commission. Security lights are required at the base of the tower; other lights on the tower are prohibited except as specifically required by the Federal Aviation Agency (FAA).
(e) It is the policy of the City of Brunswick to require co-location of communication towers to the maximum extent feasible. All applicants for towers shall demonstrate to the satisfaction of the Planning Commission that co-location on an existing tower is not possible, based on factors such as location, structural capacity, radio frequency interference, or incompatibility resulting from mechanical, electrical or technological factors.
(Ord. 70-14. Passed 10-6-14.)
1274.15 WIRELESS SERVICE PROVIDER STRUCTURES.
Wireless service provider (WSP) structures, as defined in Section 1242.02, are conditionally permitted uses in the residential districts and the C-O district. They are also conditionally permitted uses in all SPD districts unless the SPD guidelines specifically indicate to the contrary. WSP structures in these districts are subject to the indicated specific conditions in Section 1274.08, the requirements of Section 1280.15 and the provisions below:
(a) The applicants shall demonstrate that the proposed WSP structure will be designed and sited to have the least adverse visual effect on residential properties in the immediate area.
(b) The applicants shall demonstrate that the proposed WSP antenna(s) cannot be located on an existing structure.
(c) Locations should be chosen where existing trees will buffer views of the structure from adjoining properties.
(Ord. 9-03. Passed 1-27-03.)
1274.16 ANNUAL PERMIT FOR INFLATABLE FIGURES.
Inflatable figures to be displayed for a 12-month period are a conditionally permitted use in the commercial districts, subject to the conditions and requirements of Section 1270.15(m) and those listed below:
(a) A minimum roof top of 1,500 square feet shall be required.
(b) Only one inflatable figure per property shall be permitted.
(c) The Planning Commission and City Council shall approve all permit applications.
(Ord. 71-07. Passed 10-8-07.)
(Ord. 71-07. Passed 10-8-07.)
1274.17 ADDITIONAL CONDITIONAL USE STANDARDS FOR VAPE AND SMOKE SHOPS.
Vape and smoke shops are conditionally permitted uses in specified Zoning Districts in the City, as same may be amended from time to time. In addition to the specific requirements contained in the Zoning Code for each specified Zoning District, vape and smoke shops are subject to the specific provisions of this Chapter 1274 and the provisions below:
(a) No vape/smoke shop shall be permitted to be located within 1,000 feet of any existing vape/smoke shop, as measured from the nearest property lines of each respective property and/or unified site. This restriction does not apply to any vape/smoke shop that is currently operating in accordance with all applicable law as of the effective date of this section.
(b) Any Conditional Use Permit issued pursuant to this Chapter shall be valid only with respect to the person/entity and location for which same was issued. The transfer of any Conditional Use Permit issues pursuant to this Chapter is prohibited.
(c) Any Conditional Use Permit issued shall be revoked and the person/entity and location for which same was issued shall be prohibited from applying for or being issued a new Conditional Use Permit for a period of one (1) year from the date of revocation consistent with the penalty provisions contained in Section 636.19. (Ord. 18-2024. Passed 4-8-24.)