Bryan City Zoning Code
CHAPTER 1170
Supplemental Regulations for Certain Uses
1170.01 APPLICABILITY.
This chapter contains specific conditions, standards and regulations for certain uses and are in addition to the criteria and standards set forth in other chapters of this Code.
(Ord. 62-2023. Passed 1-16-24.)
1170.02 AGRICULTURE.
(a) The regulations established for an agricultural use are not intended to restrict or regulate recreational gardening accessory to a residential use.
(b) Any accessory structures used in association with the agricultural use shall be a minimum of twenty (20) feet from a side lot line.
(c) This regulation does not apply to commodity crops, which are allowed in any zone. Commodity crops only include corn, soybeans, wheat, hay, oats, and alfalfa.
(Ord. 62-2023. Passed 1-16-24.)
1170.03 AIRPORT.
(a) Purpose. These airport regulations have been established to achieve, among others, the following purposes:
(1) To protect the public health, safety and welfare and to reduce the potential for airport hazards by regulating development and land use on Williams County Airport property and in surrounding areas which are within the Federal Aviation Administration (FAA) runway protection zone.
(2) To protect the airport from incompatible development and to assure that the future uses of land surrounding the airport are compatible with normal airport operations, including the landing and takeoff of aircraft.
(3) To establish use, development and performance standards to ensure the optimal and safe operation of the Williams County Airport and to allow airport-related development which is logical, necessary and beneficial to the operation of the airport facility.
(4) To protect public investment in the airport.
(b) Compliance. Prior to receiving a conditional use permit for an airport or airport-related use in an I-2 District, the applicant shall:
(1) Comply with previously existing avigation easements or convey to the City of Bryan an avigation easement permitting the right of flight in the airspace above the subject property.
(2) Comply with all current applicable Ohio Department of Transportation (ODOT - Office of Aviation) regulations and Federal Aviation Administration (FAA) regulations, as set forth in the Ohio Administrative Code, Section 5501:1-10.
(3) Submit a copy of the conditional use permit application, including the development plan, along with verification that the application has complied with subsection (b)(2) above, to appropriate Williams County Airport representatives. The representatives shall review said documents for compliance with current applicable FAA and ODOT regulations and provide a written recommendation indicating whether the proposed development impedes airport operations in any way to the Planning Commission within ten (10) days of receipt.
(Ord. 62-2023. Passed 1-16-24.)
1170.04 ANIMAL HOSPITAL.
(a) There shall be no outside runs or kennels associated with the veterinary office.
(b) The boarding of animals shall be restricted to short-term overnight lodging only as necessary for animals receiving medical attention.
(c) Odor and noise shall be adequately controlled to ensure that animals do not create a nuisance. (Ord. 62-2023. Passed 1-16-24.)
1170.05 ASSEMBLY HALL, MEMBERSHIP CLUB.
(a) All activities, programs and other events shall be directly related to the conditional use so granted.
(b) The proposed use shall not generate excessive noise beyond the premises.
(c) In order to minimize any effects of the above, the Planning Commission may require additional noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District.
(Ord. 62-2023. Passed 1-16-24.)
1170.06 BED AND BREAKFAST ESTABLISHMENT IN A RESIDENTIAL DISTRICT.
(a) Such use shall occupy an existing structure that was previously or is currently occupied for residential purposes.
(b) A maximum of three (3) guestrooms shall be permitted and shall be located within the dwelling.
(c) Guests shall be permitted to reside at the home for not longer than two continuous weeks.
(d) Meals shall be provided only to guests taking lodging in the facility.
(e) The building shall not contain a commercial kitchen and guestrooms shall not contain cooking facilities. A common lounge area may be provided for guests.
(f) Deliveries of food and other items shall be made during daytime hours.
(Ord. 62-2023. Passed 1-16-24.)
1170.07 BULK FUEL STORAGE.
With the review and approval of the Zoning Administrator and Fire Chief, the storage of above ground gasoline, oil or alcohol shall comply with state and national fire code regulations.
(Ord. 62-2023. Passed 1-16-24.)
1170.08 CEMETERY.
(a) Interior drives shall be installed, including the required pavement, as development progresses and as indicated in the development plans considered by the Planning Commission.
(b) Sufficient parking spaces shall be provided throughout the cemetery so as not to hinder traffic flow.
(c) No gravesite shall be located within fifty (50) feet of a public street right-of-way or residential property line.
(d) No mausoleum or crematory shall be located within 100 feet of a public street right-of-way or residential property line.
(Ord. 62-2023. Passed 1-16-24.)
1170.09 CHURCH/PLACE OF WORSHIP, LIBRARY, MUSEUM, AND SCHOOLS, PUBLIC OR PRIVATE.
(a) Such uses should be located on an arterial or collector street or have direct access to an arterial or collector street to minimize impacts on local streets and residential neighborhoods.
(b) In any district, the Planning Commission may require all outdoor children's activity areas to be enclosed by a fence or wall having a height of at least five (5) feet but not exceeding six (6) feet. An entry gate shall be securely fastened.
(c) All access drives shall be located as far as practicable from an existing intersection in order to maximize traffic safety and minimize congestion and constricted turning movements.
(d) All activities, programs and other events shall be directly related to the conditional use permit so granted, and shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.
(e) Associated uses such as a convent, faculty residence, cafeteria, fieldhouse, or infirmary shall be located on the same lot as the principal use and comply with the building setback requirements set forth in Chapter 1163.
(Ord. 62-2023. Passed 1-16-24.)
1170.10 COMMERCIAL RECREATION, INDOOR; DANCE FLOOR/ENTERTAINMENT IN ASSOCIATION WITH A PERMITTED USE; MOVIE THEATER, INDOOR.
(a) The proposed use shall not generate excessive noise beyond the premises.
(b) Buildings in which dance floor/entertainment is provided shall be located a minimum of 100 feet from a residential district.
(c) The Planning Commission may limit the hours of operation to ensure that the proposed use is compatible with the surrounding uses.
(Ord. 62-2023. Passed 1-16-24.)
1170.11 COMMERCIAL RECREATION, OUTDOOR; PUBLIC PARK, PLAYGROUND; PUBLIC SWIMMING POOL; GOLF COURSE, EXCEPT MINIATURE GOLF.
(a) The Planning Commission may require active recreation areas to be enclosed by a fence having a minimum height of four (4) feet.
(b) The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises. In order to minimize any effects of the above, the Planning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District.
(c) Rifle ranges, skeet shooting ranges, pistol ranges, and other activities involving the use of firearms shall not be permitted.
(d) Delivery trucks shall not be used as refreshment stands, souvenir stands and/or concession stands.
(e) All activities, programs and other events shall be directly related to the conditional use permit so granted, and shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.
(f) An adequate number of public restrooms shall be provided and maintained.
(g) Access Drives shall be designed so as not to create an interference with traffic on surrounding public streets or roads.
(h) In a residential district, only incidental retail uses such as a snack bar, shall be permitted as an accessory use to a public recreational facility or golf course. Such facility shall be provided for the convenience of customers attending the public recreation facility or golf course and no sign advertising the retail use shall be permitted.
(i) The Planning Commission may limit the hours of operation to ensure that the proposed use is compatible with the surrounding uses.
(j) Golf courses, including tees, fairways, greens and golf driving ranges shall be designed and landscaped in such a manner as to reasonably prevent a misfired ball from landing out of the golf course. (Ord. 62-2023. Passed 1-16-24.)
1170.12 CONGREGATE CARE FACILITY.
(a) A congregate care facility may include one or more of the following types of residential facilities:
(1) Independent living with congregate dining facilities;
(2) Congregate living;
(3) Assisted living; or
(4) Nursing care.
(b) Such uses shall be located on an arterial or collector street or have direct access to an arterial or collector street without going through a residential neighborhood to lessen the impact on the residential area.
(c) The number of beds for assisted living and nursing facilities shall not exceed one (1) bed for every 1500 square feet of lot area devoted to the facility and its related parking.
(Ord. 62-2023. Passed 1-16-24.)
1170.13 CONSTRUCTION TRADE CONTRACTOR'S FACILITY; FARM IMPLEMENT AND RECREATION VEHICLE SALES; SALE, SERVICE, REPAIR AND/OR STORAGE OF FARM EQUIPMENT, RECREATION VEHICLES, CONSTRUCTION EQUIPMENT, AND OTHER SIMILAR LARGE EQUIPMENT; MOBILE HOME AND/OR MANUFACTURED HOME SALES.
(a) Parking areas, storage areas, maneuvering lanes and access ways to public streets shall be designed to cause no interference with the safe and convenient movement of vehicular and pedestrian traffic on and adjacent to the site.
(b) In a C-2 District, only repair of vehicles and equipment which is customarily associated with the conditionally permitted sales shall be permitted. Such repair activities shall be conducted inside a suitable building.
(c) No junk, inoperative or unlicensed vehicle shall be permitted to remain outside on the property for more than forty-eight (48) hours.
(d) Outdoor storage areas for vehicles, equipment, etc. shall comply with the district regulations and Section 1170.27 below.
(Ord. 62-2023. Passed 1-16-24.)
1170.14 DAY CARE FACILITY, CHILD OR ADULT.
(a) For the protection of children and adults enrolled in the day care center, a fence or wall having a height of at least five (5) feet shall enclose all outdoor activity areas. An entry gate shall be securely fastened.
(b) A drop-off/pick-up location that will not impede traffic on or off the site shall be provided to ensure the safety of the children and adults.
(c) In an R-1 District, such use shall only be permitted in a church, other place or worship or a school facility.
(d) The location and design of the facility shall provide for the protection of the children and adults from the traffic, noise, and other hazards of the area and/or the arterial street location.
(e) A day care center for children shall comply with the following:
(1) An outdoor play area equal in area to the ground floor area of the day care facility is required. The required outdoor activity area shall not be located closer than twenty (20) feet to any residential property.
(2) Play structures and other similar apparatus shall not be located closer than forty (40) feet to any residential property.
(Ord. 62-2023. Passed 1-16-24.)
1170.15 FAMILY DAY CARE HOME, TYPE "B".
This Zoning Code recognizes that the availability of safe and affordable, good-quality child day care is important to the wellbeing of parents and children. Furthermore, it is the purpose of this Section to regulate the operation of child day care in a manner that preserves the residential character of neighborhoods. According to ORC 5104.054, any type "B" family day-care home, whether certified or not certified by the county director of human services, shall be considered to be a residential use of property for purposes of zoning and shall be a permitted use in all zoning districts in which residential uses are permitted. A type "B" family day-care home is a permanent residence of the provider where childcare is provided for one to six (1 to 6) children and where no more than three (3) children are under two (2) years of age. For the purpose of this definition, any children under six (6) years of age who are related to the provider and who are on the premises of the day-care home shall be counted. Type "B" family day-care home are a permitted accessory use in residential districts, and do not require a zoning certificate.
(Ord. 62-2023. Passed 1-16-24.)
1170.16 FAMILY HOME FOR HANDICAPPED PERSONS.
(a) The persons residing in such residential home shall live as a single housekeeping unit in a single dwelling unit and maintain said home as their sole, bona fide, permanent residence. The term "permanent residence" means:
(1) The resident intends to live at the dwelling on a continuing basis; and
(2) The resident does not live at the dwelling in order to receive counseling, treatment, therapy or medical care.
(b) Prior to a handicapped person commencing residence in the home, either the applicant or the placement agency shall certify that the resident is handicapped as defined in 42 U.S.C. §3602(h) and that the resident can function adequately in a community residential setting. The applicant or the placement agency shall have a continuing duty to provide such certification to the Planning Commission for each handicapped person who resides in the home after a conditional use permit is granted.
(c) The applicant shall demonstrate that adequate qualified supervision will exist in the home on a 24-hour per day basis.
(d) In order to maintain the residential character of the area in which the family home is located, the applicant is required and shall agree that upon termination of this conditional use for any reason the applicant shall restore the premises to a condition in which it is marketable as a single-family dwelling, unless ownership and/or possession of the premises is transferred to a person(s) who has obtained a similar conditional use certificate for the premises.
(e) Signs or other means of identification as a family home for handicapped persons shall not be permitted.
(f) The applicant shall comply with the applicable parking regulations of the Planning and Zoning Code for the type of residential structure used by the residential home and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors.
(g) In considering whether to grant the conditional use permit, the Planning Commission shall take into consideration the proximity and location of other such homes for handicapped persons within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use, but in no event shall a family home be closer than 1,000 feet, measured from property line to property line, from where another family home or group home for handicapped persons is located.
(h) Evidence shall be presented that the proposed facility meets the certification, licensing or approval requirements of the appropriate state agency. Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the home's conditional use certificate.
(i) Conversion of an existing dwelling to a family home shall require that the dwelling be brought into conformity with existing City regulations.
(Ord. 62-2023. Passed 1-16-24.)
1170.17 GASOLINE STATION.
(a) In the C-3 District, gasoline stations shall be prohibited in the "core area". See the Bryan Zoning Map for boundaries of the core area.
(b) When located on a corner lot, gasoline stations shall have not less than 150 feet frontage on each of the two (2) intersecting streets.
(c) The location of access drives shall be placed as far as possible from the intersection and shall be limited to no more than one (1) access drive per street frontage.
(d) Fuel pumps and associated access aisles and canopies shall comply with the parking setbacks set forth in Section 1172.04.
(e) The only services permitted to be performed on a vehicle shall be the dispensing of air and vehicle fluids such as fuel, oil and windshield wiper fluid.
(f) Except while being serviced at a pump island, no vehicle shall be parked between the pumps and the front property line.
(Ord. 62-2023. Passed 1-16-24.)
1170.18 GROUP HOME FOR HANDICAPPED PERSONS.
(a) Prior to a handicapped person commencing residence in the home, either the applicant or the placement agency shall certify that the resident is handicapped as defined in 42 U.S.C. §3602(h) and that the resident can function adequately in a community residential setting. The applicant or the placement agency shall have a continuing duty to provide such certification to the Planning Commission for each handicapped person who resides in the home after a conditional use permit is granted.
(b) The applicant shall demonstrate that adequate qualified supervision will exist in the home on a 24-hour per day basis.
(c) Evidence shall be presented that the proposed facility meets the certification, licensing, or approval requirements of the appropriate state agency. Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the home's conditional use certificate.
(d) The applicant shall comply with the applicable parking regulations of this Planning and Zoning Code for the type of residential structure used by the residential home and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors.
(e) In considering whether to grant the conditional use permit, the Planning Commission shall take into consideration the proximity and location of other such homes for handicapped persons within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use, but in no event shall a group home be closer than 1,000 feet from where a family home or group home for handicapped persons is located.
(f) The architectural design and site layout of a group home and the height of any walls, screens, or fences connected with any said group home shall be compatible with adjoining land uses and the residential character of the neighborhood.
(Ord. 62-2023. Passed 1-16-24.)
1170.19 HOME OCCUPATIONS.
The purpose of this section is to set forth regulations, which control the establishment and operation of home occupations. The intent of these regulations is to control the nonresidential use of a residential dwelling unit so that the nonresidential use is limited to an accessory use, and shall not in any way adversely affect the uses permitted in the residential district of which they are a part. Compliance with these regulations should result in all home occupations being located and conducted in such a manner that their existence is not detectable in any manner from the outside of the dwelling unit.
(a) A home occupation shall only be operated by a member of the family residing in the dwelling unit.
(b) A home occupation, including the storage of equipment, supplies or any apparatus shall be carried on wholly within the principal building and no use of a detached garage, accessory building or outdoor area shall be permitted. This shall include exterior displays or any exterior indication of the home occupation or variation from the residential character of the principal structure.
(c) A home occupation shall occupy no more than twenty-five percent (25%) of the floor area of the dwelling and shall be clearly incidental and secondary in importance to the use of the dwelling for dwelling purposes.
(d) No freestanding sign advertising the home occupation shall be permitted. All other signs shall comply with the regulations set forth in Chapter 1173.
(e) The number of vehicles attracted to the premise shall not be greater than that which is normally associated with the residential use including normal fluctuations in the level of residential activities. Client and customer traffic shall be limited to the hours between 8:00 a.m. and 10:00 p.m. and shall not include semi-truck traffic.
(f) A home occupation may be permitted to have a maximum of two (2) non-resident employees. (Ord. 62-2023. Passed 1-16-24.)
1170.20 HOSPITAL.
(a) Such use shall be located on an arterial or collector street.
(b) Outdoor storage of ambulances and other vehicles used in the operation of the principal use may be permitted provided such storage areas are located in the side or rear yard in off-street parking areas. (Ord. 62-2023. Passed 1-16-24.)
1170.21 JUNKYARD.
(a) All sites, procedures, and processes shall be subject to the approval of the appropriate state agencies; no conditional use permit shall be issued until all necessary state approvals are obtained.
(b) The facilities shall be located on the site in a manner that best minimizes the potential effect of winds carrying objectionable odors to urbanized or urbanizing areas.
(c) The outdoor storage of junk shall be entirely enclosed within a solid wall or fence that includes solid gates and has a minimum height of ten (10) feet. Items shall not be piled or stored higher than the top of the fence or wall.
(d) Suitable measures shall be taken to control dust. There shall be no burning of refuse, garbage or other waste materials.
(e) All aspects of a junkyard shall be located no closer than 300 feet to any R-District and 150 feet to all other lot lines.
(f) A buffer yard, with a minimum width of fifty (50) feet and located within the 150-foot setback, shall be planted according to the following specifications:
(1) The fifty (50)-foot wide planting strips shall be located within the 150-foot buffer yard so as to achieve the greatest screening or camouflaging effect, and no visual opening shall exist.
(2) Trees should be planted that are at the optimum transplanting size and age while still being as large as possible.
(Ord. 62-2023. Passed 1-16-24.)
1170.22 MANUFACTURING AND PROCESSING EXPLOSIVE MATERIALS; MANUFACTURE OF PRODUCTS FROM RAW MATERIALS; SLAUGHTERHOUSE.
(a) The use and any associated outdoor storage shall not be permitted on any parcel adjacent to or within 300 feet of a residential district or use.
(b) All buildings and outdoor storage areas shall be located a minimum of 100 feet from a lot line.
(c) The facilities shall be located on the site in a manner that best minimizes the potential effect of winds carrying objectionable odors to urbanized or urbanizing areas.
(d) The outdoor storage areas shall be entirely enclosed within a solid wall or fence that includes solid gates and has a minimum height of ten (10) feet. Items shall not be piled or stored higher than the top of the fence or wall.
(e) Additional fences, walls or shrubs may be required by the Planning Commission, if necessary, to adequately screen the materials from adjoining districts or public streets.
(Ord. 62-2023. Passed 1-16-24.)
1170.23 MINERAL EXCAVATION, QUARRY OPERATIONS; CONCRETE MIXING.
(a) A distance of no less than 200 feet shall be maintained at all times from the nearest edge of the excavation area or quarry to any residence existing at the start of operations. All other aspects of operations related to mineral excavation, quarry operations, or concrete mixing shall maintain a minimum setback of 150 feet from residential districts.
(b) Truck routes shall be established for movement into and out of the development in such a way that it will minimize the wear on public streets and prevent hazards and damage to other properties in the community.
(c) Truck parking areas, maneuvering lanes, and access ways to public streets shall be designed to cause no interference with the safe and convenient movement of vehicle and pedestrian traffic on, and adjacent to, the site and shall be built or treated to prevent the creation of dust and drainage problems.
(d) Processing equipment shall be located at the site in such a way that will minimize adverse noise impact on surrounding dwellings.
(e) Existing natural or manmade barriers at the site shall be provided as protection and screening against noise, dust and visual protection for all operations.
(f) Stakes of one (1) color shall be set and maintained along the perimeter of the area designated for mineral removal at 100 foot intervals or less.
(g) All facilities, structures, and activities shall meet all county and/or state of Ohio health, building, electrical, and other applicable codes. In cases of overlapping codes and/or jurisdictions, the more restrictive shall apply.
(h) Any area being excavated shall be enclosed by a fence having a minimum height of seven (7) feet for the entire periphery of the excavated area. Fences shall be adequate to prevent trespass and shall be placed no closer than fifty (50) feet to the top or bottom of any slope. No sand or gravel shall be removed or stored, or overburden stored within 100 feet of any lot line not owned or controlled by the operator of said business.
(Ord. 62-2023. Passed 1-16-24.)
1170.24 MINI/SELF-STORAGE FACILITY.
(a) The leases for all self-storage units shall include clauses prohibiting the following:
(1) The storage of flammable liquids or radioactive, highly combustible, explosive or hazardous materials.
(2) The use of property for uses other than dead storage.
(b) The Bryan Fire Department shall be provided with 24-hour access to the grounds. A lockbox shall be provided for its use.
(c) The maximum size of individual storage compartments shall be 500 square feet.
(Ord. 62-2023. Passed 1-16-24.)
1170.25 OUTDOOR DINING AREA.
Outdoor dining areas shall comply with the following additional regulations:
(a) The outdoor seating area shall be used in conjunction with, and is under the same management and exclusive control of, a restaurant located on the same or contiguous property.
(b) The outside seating capacity shall not exceed twenty-five percent (25%) of the restaurant's seating capacity indoors.
(c) The outdoor seating area shall not interfere with the public right-of-way.
(d) Areas devoted to outdoor dining shall be located in a side or rear yard and shall comply with all building setbacks and yard regulations for the district in which they are located, except as otherwise stated. Notwithstanding, outdoor dining areas in the C-3 district may be permitted to be located in front of the front building setback line, but must allow a minimum of four feet unobstructed space.
(e) All outdoor dining areas shall be contiguous to the principal building.
(f) No signs shall be permitted in conjunction with outdoor dining areas except those otherwise in compliance with the sign regulations in Chapter 1173.
(g) Proof of current liability insurance must be presented.
(Ord. 62-2023. Passed 1-16-24.)
1170.26 OUTDOOR DISPLAY.
(a) Outdoor display and sale of merchandise shall be limited to products which are customarily associated with the operation of the principal business located on the premises and conducted by employees of such principal business. There shall be no outdoor display and sale of merchandise conducted by any person operating or conducting a business, which is different or distinct from the principal business conducted at that location except for temporary displays pursuant to Section 1170.37.
(b) Areas devoted to outdoor display shall be located in a side or rear yard and shall comply with all building setbacks and yard regulations for the district in which they are located, except as otherwise specifically stated.
(c) All outdoor display shall be contiguous to the principal building.
(d) No outdoor display area shall be permitted to occupy or interfere with traffic circulation, required parking areas, public sidewalks or pedestrian access.
(e) No outdoor display shall be permitted between the front wall of the principal building and the adjacent street except for temporary displays pursuant to Section 1170.38.
(f) No signs shall be permitted in conjunction with outdoor display except those otherwise in compliance with the sign regulations in Chapter 1173.
(g) Outdoor display areas shall comply with the following additional regulations:
(1) The area of the lot devoted to outdoor display shall not exceed twenty-five percent (25%) of the ground floor area of the principal building. This limitation shall not apply to automotive sales and rental establishments.
(2) Areas devoted to outdoor display shall be paved with asphalt or concrete or maintained free of dust.
(3) The outdoor display area shall not interfere with the public right-of-way. Notwithstanding, outdoor display areas in the C-3 district may be permitted in front of the front building setback line, but must allow a minimum of four (4) feet of unobstructed space.
(Ord. 62-2023. Passed 1-16-24.)
1170.27 OUTDOOR OPERATIONS, OUTDOOR SUPPLY YARD AND OUTDOOR STORAGE.
(a) Outdoor storage of materials shall include the storage of goods, materials or products associated with the principal use. The storage of radioactive, toxic or otherwise hazardous materials shall not be permitted.
(b) Location.
(1) Areas devoted to outdoor storage shall be located in a side or rear yard only and shall comply with the building setbacks set forth in the district regulations for the district in which the lot is located.
(2) All outdoor storage areas must be contiguous to the principal building.
(3) No outdoor storage area shall be permitted to occupy or interfere with traffic circulation, required parking areas, public sidewalks or pedestrian access.
(c) Area. The area of the lot devoted to outdoor storage shall not exceed twenty-five percent (25%) of the ground floor area of the principal building.
(d) Surfacing. Areas devoted to outdoor storage shall be paved with asphalt or concrete or free of dust.
(e) Signs. No signs shall be permitted in conjunction with outdoor storage areas except those otherwise in compliance with the sign regulations in Chapter 1173.
(f) Screening.
(1) All aspects of outdoor operations including outdoor storage of goods and materials shall be enclosed with a solid wall or fence, including solid gates. The wall or fence shall have a height tall enough to conceal all materials therein from the view of any observer standing at the grade level at an abutting residential district line or a public street. However, in no case shall the height of the fence or wall be less than six (6) feet.
(2) All outdoor storage areas shall be effectively screened from all adjacent residential districts, public parking areas and public streets according to the screening requirements set forth in Section 1171.04. The Planning Commission may increase the minimum height of required screening when it is determined that additional height is needed to effectively conceal all materials from view of any observer standing at grade level of an abutting residential district line or public street.
(g) All materials shall be stored in such a fashion as to be accessible to fire-fighting equipment at all times.
(h) The bulk storage of sand, gravel, salt and other similar materials shall be permitted only when such material is effectively prevented from spreading.
(Ord. 62-2023. Passed 1-16-24.)
1170.28 OVERNIGHT STORAGE OF FLEET VEHICLES USED IN OPERATION OF PRINCIPAL USE.
(a) Outdoor storage of fleet vehicles used in the operation of the principal use shall be located in the side or rear yard in off-street parking areas.
(b) The area of the lot devoted to the storage of fleet vehicles shall not exceed twenty-five percent (25%) of the ground floor area of the principal building.
(Ord. 62-2023. Passed 1-16-24.)
1170.29 PUBLIC SAFETY FACILITY.
(a) In residential districts, facilities shall be limited to structures that are essential for the distribution of services to the local area.
(b) Outdoor storage of fleet vehicles used in the operation of the facility may be permitted provided such storage areas are located in the side or rear yard in off-street parking areas and are screened in accordance with Chapter 1171.
(Ord. 62-2023. Passed 1-16-24.)
1170.30 PUBLIC SERVICE FACILITY/MAINTENANCE FACILITY.
All outdoor operations and outdoor storage shall comply with the requirements set forth in this chapter and the pertinent regulations for the district in which of the facility is located.
(Ord. 62-2023. Passed 1-16-24.)
(a) Public Transportation Terminals shall be located on an arterial street.
(b) All vehicle waiting and stacking areas shall comply with the building setback requirements for the district.
(c) Access Drives shall be designed so as not to create an interference with traffic on surrounding public streets or roads.
(Ord. 62-2023. Passed 1-16-24.)
1170.32 PUBLIC UTILITY STRUCTURES.
(a) Public utility structures, including substations, shall be permitted as a conditional use only when the distribution of service is essential to the immediate neighborhood or when topological features restrict the location of such facility.
(b) Natural or man-made barriers shall be provided to lessen any intrusion into a residential area.
(c) Storage of materials shall be within a completely enclosed building.
(d) Substations shall be located a minimum of fifty (50) feet from any residential property line.
(Ord. 62-2023. Passed 1-16-24.)
1170.33 RECREATIONAL VEHICLE PARK.
(a) Recreational vehicle parks shall have direct access to an arterial or collector street and the access drives shall have adequate width to accommodate the safe movement of recreational vehicles into and out of the park.
(b) Conditions of soil, groundwater level, drainage, geological structure and topography shall not create hazards to the park site or to the health and safety of occupants, nor shall the site be subject to hazards of objectionable smoke, odor, or noise or the possibility of subsistence, sudden flooding or severe erosion.
(c) The density of the park shall not exceed fifteen (15) recreational vehicles spaces per acre, based on the total area of the site.
(d) Recreational vehicles shall be separated from each other and from other park buildings or structures by at least ten (10) feet.
(e) Recreational vehicles spaces shall comply with building setback requirements for the underlying district.
(f) At least one centrally located recreation area equal in size to eight percent (8%) of the total site shall be provided. Streets, parking area and park service facility areas shall not be included in the area requirement.
(Ord. 62-2023. Passed 1-16-24.)
1170.34 SEXUALLY ORIENTED BUSINESSES.
(a) Bryan has determined that permitting sexually oriented businesses, as defined in this Section, in proximity to residential, institutional, and non-adult oriented retail uses would have a detrimental effect on such adjacent uses. It has been demonstrated that sexually oriented businesses, as defined in this Section, have been known to cause undesirable secondary effects on residential and institutional uses, particularly those where children are present, as well as adjacent non-sexually oriented businesses and retail uses. Therefore, in order to prevent potential deterioration in Bryan's retail areas; and to avoid potential adverse impacts on residential and institutional uses particularly those where children are present, and thereby protecting the public health, safety and welfare, sexually oriented businesses, as defined in this Section, shall be permitted only in the I-2 District subject to the following requirements.
(b) Sexually Oriented Businesses Defined. For purposes of this Planning and Zoning Code sexually oriented businesses shall include but not be limited to any of the following:
(1) Adult book/video store. An establishment which utilizes five percent (5%) or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display or viewing, for any compensation, of books, magazines, other printed material, films, tapes and video cassettes, or any other visual representation, which are distinguished by their emphasis on adult materials as defined in this Section.
(2) Adult motion picture theater. An enclosed or open air drive-in motion picture theater which regularly uses or utilizes five percent (5%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this Section.
(3) Adult only live entertainment business. An establishment where the patron directly or indirectly is charged a fee, and where the establishment features:
A. Entertainment or services which constitute adult material as defined in this Section; or
B. Exhibitions, dance routines, or gyrational choreography of persons totally nude, topless, bottomless, or strippers, male or female impersonators or similar entertainment or services which constitute adult material as defined in this Section.
(c) To further determine whether the above facilities are sexually oriented businesses, the following definitions shall apply.
(1) Adult material defined. Any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, video cassette, motion picture film, record or, other tangible thing, or any service, capable of creating sexual interest through sight, sound or touch, and;
A. Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination; or
B. Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination.
(2) Bottomless. Less than full opaque covering of male or female genitals, pubic area or buttocks.
(3) Nude or nudity. The showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than full, opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
(4) Topless. The showing of a female breast with less than a full opaque covering of any portion thereof below the top of the nipple.
(5) Sexual activity. Sexual conduct or sexual contact, or both.
(6) Sexual contact. Any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is female, a breast, for the purpose of sexually arousing or gratifying either person.
(7) Sexual excitement. The condition of the human male or female genitals, when in a state of sexual stimulation or arousal.
(d) Sexually oriented businesses shall be located in accordance with the following distance requirements, measured as a buffer from the property line of the effective use:
(1) A minimum of 1,000 feet from the property line of any lot containing a church or other place of worship, library, public park or playground, day care center, school or any other institution where children are kept day or night;
(2) A minimum of 1,000 feet from any residentially zoned parcel in Bryan or any adjacent township; and
(3) A minimum of 1,000 feet from the property line of any other sexually oriented business.
(Ord. 62-2023. Passed 1-16-24.)
1170.35 SOLID FUEL FIRED OUTDOOR HEATING DEVICES.
(a) Installation. Installation and operation of any solid fuel fired heating device shall comply with the following:
(1) The solid fuel fired outdoor heating device shall be twenty-five (25) feet from the owner's primary residence and;
(2) The solid fuel fired outdoor heating device shall be in accordance with the City of Bryan Planning and Zoning Code in regards to distance from neighboring property line and;
(3) The solid fuel fired outdoor heating device shall be at least 100 feet in any direction from any neighboring primary residence and;
(4) The solid fuel fired outdoor heating device shall have a stack which extends two (2) feet above the roof line of the highest structure within a 125-foot radius of the device and;
(5) If the criteria for subsections (a)(1) to (4) above are met, the owner shall obtain a permit from the City Engineer's Office by submitting the manufacturer's specifications, owners' manual and drawings of the intended location of the device which will be confirmed by the City Engineer's Office before issuance of a permit.
(b) Operation.
(1) The solid fuel fired outdoor heating device shall comply with manufacturer specifications with respect to installation and operation;
(2) The solid fuel fired outdoor heating device shall comply with all applicable state and federal laws;
(3) Fuel fired outdoor heating devices which are designated to heat structures twenty-five percent (25%) greater than the size of any structure on the property shall not be permitted;
(4) No fuel other than natural wood, without additive, wood pellets without additives and agricultural seeds in their natural state may be burned in any fuel fired outdoor heating device.
(5) Nothing contained herein shall authorize any installation or operation of a fuel fired outdoor heating device that constitutes a public or private nuisance. Compliance with this chapter shall not be a defense to any civil or criminal action for nuisance.
(c) Penalties.
(1) Any person who constructs, erects, operates, replaces or modifies any solid fuel fired outdoor heating device that does not meet the requirements of this ordinance shall forfeit twenty-five dollars ($25.00) per day for each day the non-complying unit remains on the premises.
(2) Illegally constructed or erected solid fuel fired outdoor heating device shall be removed at the cost of the owner within thirty (30) days of the first citation.
(Ord. 62-2023. Passed 1-16-24.)
1170.36 STUDIOS FOR INSTRUCTION.
(a) All activities shall take place in a fully enclosed sound-resistant building, with closed windows and double-door entrances that provide a sound lock.
(b) Studios for Instruction offering non-academic instruction should be located so as to minimize the amount of space located in a retail setting that is inactive during normal business hours. Studios are encouraged to have associated retail uses located in the first-floor space nearest the street in order to contribute to the retail environment of the district.
(Ord. 62-2023. Passed 1-16-24.)
(a) Temporary uses such as temporary outdoor sales and displays, not associated with the principal use, including, but not limited to, sales of plants, flowers, arts and crafts, Christmas trees, temporary inventory reduction or liquidation sales, shall be permitted in compliance with the following regulations:
(1) Review Required. Temporary uses shall be reviewed and approved according to the following:
(2) Temporary uses that extend for a period no longer than thirty (30) days shall be authorized by the Zoning Administrator.
(3) Temporary uses that extend longer than thirty (30) days shall require approval by the Planning Commission.
(4) In no case, however, shall a temporary use exceed a 180-day period.
(5) Regardless of the duration of the use, in all instances the owner of the property on which the activity is to be conducted shall sign the permit application.
(b) Location. Temporary use activities shall not be conducted in the public right-of-way unless the appropriate license is obtained from the City.
(c) Related Facilities.
(1) Adequate parking for the temporary use must be available within 1,400 feet of the proposed site.
(2) Any outdoor lighting shall be shielded or directed away from adjoining residential properties and streets.
(d) Temporary Construction Facilities. Temporary construction facilities for use incidental to construction work may be erected in any zoning districts herein established; however, such facilities shall be removed upon completion or abandonment of the construction work. Such facilities shall not be occupied for human habitation. Temporary construction facilities, and their duration of use, shall be authorized by the Zoning Administrator.
(e) Temporary Permit Required. Temporary use permit applications shall be filed in the Office of the Zoning Administrator, along with the application fee as established by Council and any additional information necessary to ensure compliance with this section.
(Ord. 62-2023. Passed 1-16-24.)
1170.38 VEHICLE REPAIR GARAGE.
(a) Vehicle parking areas, vehicle storage areas, maneuvering lanes and access ways to public streets shall be designed to cause no interference with the safe and convenient movement of vehicle and pedestrian traffic on and adjacent to the site.
(Ord. 62-2023. Passed 1-16-24.)
1170.39 VEHICLE SALES AND RENTAL.
(a) Service garage, leasing department and other activities customarily incidental to a full-service franchised vehicle dealer shall be permitted as accessory to the sale of autos provided these activities are conducted in a wholly enclosed building.
(b) Only repair of automobiles customarily associated with vehicle sales shall be permitted and shall be conducted inside a suitable building.
(c) No junk, inoperative or unlicensed vehicle will be permitted to remain outside on the property for more than forty-eight (48) hours.
(Ord. 62-2023. Passed 1-16-24.)
1170.40 WIRELESS TELECOMMUNICATION FACILITIES REGULATIONS.
(a) Purpose. These regulations are established to provide for the construction and use of wireless telecommunication towers and facilities as permitted uses and conditional uses depending on the specific zoning district in which they are proposed to be located. 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 wireless telecommunication towers and related facilities. Specifically, these regulations are intended to achieve the following purposes:
(1) To protect property values;
(2) To regulate a commercial use so as to provide for orderly and safe development within the City;
(3) To provide for and protect the health, safety and general welfare of the residents of the City;
(4) To minimize any adverse effects on residential properties, parks, open spaces and the non-intensive commercial zoning districts; and
(5) To promote collocation of wireless telecommunication facilities in order to decrease the number of towers in the City.
(b) Permitted Locations.
(1) A wireless telecommunications tower or facility is permitted in the following areas when in compliance with these regulations and approved by the Planning Commission according to the procedures set forth in Chapter 1181, Development Plan Review. Efforts shall be made to locate in the areas listed in the order of priority listed. If a location other than the most preferred location is proposed, the applicant shall demonstrate to the Planning Commission that a technically suitable, higher priority location is not available and that the proposed location is needed to meet the reasonable service requirements of the applicant.
(2) New wireless antennas may collocate on existing telecommunication towers or on existing structures, which have been constructed for other purposes, such as but not limited to water towers, church towers, electric transmission towers, chimneys, and cooling towers.
(3) A wireless telecommunication tower may be located within a recorded electric high-tension power line easement, provided that the tower shall not exceed the height of the existing high-tension power line towers by more than ten (10) feet and the wireless telecommunication tower shall not be located within forty (40) feet of such existing high tension power line towers.
(c) Locations Requiring Conditional Use Approval.
(1) A wireless telecommunications tower or facility may be considered in the following areas as a conditional use when approved by the Planning Commission according to the procedures set forth in Chapter 1182, Conditional Use Certificates. When considering an application, the Planning Commission shall determine that the applicant demonstrates compliance with the standards set forth in subsection (d) below as well as the standards set forth in Chapter 1163, Conditional Use Regulations, and the applicant has demonstrated that more preferred locations are not technically suitable. Efforts shall be made to locate the towers in the order of priority listed.
A. In a C-2, M-U, I-1 or I-2 zoning district, when located less than twice the height of the tower from a residential district.
B. In a C-1 and C-3 zoning district, when located at least twice the height of the tower from a residential dwelling.
C. In an R-1, R-2 and R-3 zoning district, when located at least twice the height of the tower from an existing residential dwelling.
(d) Standards Applicable for Conditional Use Applications.
(1) A wireless telecommunication facility that is proposed in a location that requires conditional use approval shall comply with the following:
A. A wireless telecommunication facility shall be permitted in a location set forth in subsection (c) above only to the extent that a technically suitable location is not available in an area identified in subsection (b) above. The applicant shall demonstrate that a technically suitable location in an area identified in subsection (b) above is not available because:
1. A technically suitable location does not exist in any area set forth in subsection (b) above. The applicant shall provide documentation that supports the applicant's claim that no such technically suitable location exists; or
2. If another tower, building or structure set forth in subsection (b) above is technically suitable then the applicant must show that reasonable efforts have been made to:
a. Request co-location on the existing tower(s), building(s) or structure(s) and that each co-location request was rejected by the owner of the tower, building or structure; or
b. Request all owners of properties that are determined to be technically suitable locations to allow it to construct a wireless telecommunication tower under reasonable terms and that each request was rejected.
B. As a condition of approving the conditional use permit to construct and operate a wireless telecommunication tower in the City, the owner/operator of the wireless telecommunication tower shall be required to allow co-location until said tower has reached full antenna capacity. In no event shall the owner/operator agree to allow fewer than two (2) additional antenna platforms. Agreement to this provision shall be included in the applicant's lease with the landowner, if different from the owner/operator of such tower. Written documentation shall be presented to the Planning Commission showing that the owner of the property on which such tower is to be located has agreed to the terms of this subsection as well as all other applicable requirements, regulations and standards set forth in this Section.
C. Any wireless telecommunication tower proposed as a conditional use shall be located a minimum of one-half (1/2) mile from any other wireless telecommunication tower proposed or previously approved as a conditional use.
(e) Standards Applicable to All Wireless Telecommunication Facilities:
(1) All wireless telecommunication towers and facilities shall comply with the following standards and conditions.
A. Towers shall be of monopole design with no guy wires. The Planning Commission may approve a lattice-type structure when the applicant demonstrates that such a structure provides greater ability to collocate additional antenna. Towers and antennas shall be designed to meet all applicable building code requirements.
B. Unless otherwise provided for in this Section, a wireless telecommunication facility must comply with the setback and yard requirements applicable to buildings in the underlying zone in which it is located. A wireless telecommunication tower must be placed upon the lot in such a way as to minimize the visual impact on adjoining roads and properties. In no event shall any portion of a wireless telecommunication facility be located in front of the principal use or building on the lot, if any.
C. Recognizing that the Federal Aviation Administration (FAA) may impose greater restrictions, a wireless telecommunication tower shall in no event be more than 200 feet in height as measured from the average ground level at the base of the tower. The applicant of a proposed tower shall demonstrate that the proposed tower is the minimum height necessary to accommodate the antenna and is no higher than existing towers housing similar antenna.
D. Any accessory structure related to the wireless telecommunication facility shall comply with the district regulations in which the tower is located.
E. The base of the tower and all related facilities shall be completely enclosed with a secure fence having a minimum height of eight (8) feet. Such fence shall be equipped with a locked gate.
F. A landscaped buffer area of not less than fifteen (15) feet in depth shall be located around the required fence. The buffer area shall be continuously maintained and promptly restored when necessary and shall consist of at least one of the following:
1. A row of hardy evergreen trees tightly spaced. The initial plantings shall be no less than six (6) feet tall and planted a maximum of five (5) feet on center.
2. Other appropriate landscaping that achieves the screening objective, as approved by the Planning Commission.
G. Existing vegetation, inclusive of trees and shrubs, shall be preserved to the maximum extent possible.
H. The tower shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or the FAA.
I. The tower shall be equipped with an appropriate anti-climbing device or shall have all climbing pegs from the lower twenty (20) feet of the tower removed and separately secured from the public.
J. Except as required by law, an antenna or a tower shall not be illuminated and lighting fixtures shall not be attached to the antenna or tower. Lighting for security purposes shall be permitted at the base of the wireless telecommunication tower.
K. "No Trespassing" signs and a warning sign shall be posted on the required fence in clearly visible locations. The warning sign shall include phone numbers for the police, fire and county emergency management facilities, and a local or toll-free telephone number of whom to contact in the event of an emergency. The warning sign shall be a minimum of twelve (12) inches by twelve (12) inches. No other signs or advertising shall be located anywhere on the facility or site.
(f) Abandoned Telecommunication Facilities.
(1) In the event the use of a wireless telecommunications tower ceases for a period of six (6) months, whether the tower has had no antenna mounted upon it or the antenna(s) mounted thereon is not operated, the facility shall be considered abandoned. The owner/operator shall agree to remove the nonfunctioning facility within 180 days after receipt of a notice from the Zoning Administrator to do so.
(2) In the event that more than one wireless telecommunication service provider is using a wireless telecommunications tower, the tower shall not be considered abandoned until all such users cease using the tower, as provided in this Section.
(3) The site shall be restored to its original state within six (6) months following the date that the wireless telecommunications tower or facility is no longer operational.
(g) Approval Required.
A. Detailed description of the wireless telecommunications towers or facility's capacity including the number and types of antenna that it can accommodate.
B. Documentation certifying that the wireless telecommunication facility complies with all current Federal Communications Commission (FCC) regulations for non-ionizing electromagnetic radiation (NIER).
C. A vicinity map (at a scale of 1" = 1,000") indicating within a two-mile radius of the proposed site the location of all wireless telecommunications towers and facilities and electrical utility high-tension wires.
D. A list of names and phone numbers of whom to contact in an emergency. This list shall be kept current at all times.
E. A list of any and all hazards that are within the secured area.
(2) Prior to the issuance of a zoning permit, the applicant shall post a performance bond, the amount of which is determined by City Council. The bond shall be for the purpose of insuring that an abandoned, obsolete or destroyed wireless telecommunication facility shall be removed in compliance with subsection (f) above. Any successor-in-interest or assignee of the applicant shall be required to additionally execute such bond.
(3) Prior to receiving approval for a new tower, the applicant shall demonstrate to the City that such facility is needed to meet the reasonable service requirements of the applicant. This assessment shall include consideration of alternative sites and the operational implications of such alternatives with respect to, but not limited to, height, opportunities for co-location, impact on residents and impact on service levels. The City may retain consultants to review the information, with the reasonable costs for such consultation being borne by the applicant.
(Ord. 62-2023. Passed 1-16-24.)