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Centerburg City Zoning Code

CHAPTER1105 Zoning

Districts and Principal Uses

1105.01 PURPOSE.

   The purpose of this chapter is to set out the individual purpose statements for each of the Village's zoning districts as well as the list of uses that are allowed within each zoning district. The uses are either prohibited or allowed, and where they are allowed, they may be permitted, permitted with additional standards, or conditionally permitted with additional review. Finally, this chapter includes use-specific standards for a variety of uses that apply to the those uses alone in addition to all other applicable standards of this code.
(Ord. 2023-16. Passed 6-5-23.)

1105.02 ESTABLISHMENT OF ZONING DISTRICTS.

   (a)   Districts Established. The Village hereby establishes the following zoning districts to carry out the purposes of this code and to assist in the implementation of plans adopted by the Village.
 
TABLE 1105-1: ZONING DISTRICTS
Abbreviation
District Name
Residential Zoning Districts
ER
Estate Residential District
R-1
Single-Family Residential District
R-2
Single-Family Residential District
R-3
Multi-Family Residential District
   
TABLE 1105-1: ZONING DISTRICTS (CONT.)
Abbreviation
District Name
Nonresidential Zoning Districts
CC
Community Commercial District
VC
Village Center District
RO
Residential Office and Services District
ID
Industrial District
P-I
Public and Institutional District
Special Districts
PD
Planned Development District
(Ord. 2023-16. Passed 6-5-23.)

1105.03 ZONING DISTRICT MAP AND DISTRICT BOUNDARIES.

    (a)   Zoning District Map.
      (1)   All land within the Village of Centerburg shall be placed into at least one of the zoning districts established in Table 1105-1, and such zoning shall be shown on the Zoning District Map, which may also be hereafter referred to as the "zoning map".
      (2)   The zoning map, together with all explanatory data thereon, including all changes thereof as hereinafter provided, shall be incorporated, and made a part of this code, thereby having the same force and effect is if fully described in writing.
      (3)   The Zoning Administrator shall be responsible for amending the zoning map following approval by the Village Council and the amended map shall be certified by the Clerk of Council.
      (4)   This code and the zoning map shall be maintained in the Village offices and shall be available for inspection free of charge during normal business hours.
      (5)   A copy of the zoning map and this code may be obtained from the Village Offices. Any person requesting copies shall pay a fee in accordance with the fee schedule adopted and approved by Village Council to defray the cost of reproduction of the materials.
   (b)   Interpretation of Zoning District Boundaries. The boundaries of the zoning districts are shown upon the zoning map. When uncertainty exists with respect to the boundaries of zoning districts as shown on the zoning map, the following rules shall apply:
      (1)   Where zoning district boundary lines are indicated as approximately following a lot line, such lot line shall be the zoning district boundary.
      (2)   Where zoning district boundary lines are indicated as approximately following a centerline of a street or highway, alley, railroad easement, or other right-of-way, or a river, creek, or other watercourse, such centerline shall be the zoning district boundary. In the event of a natural change in the location of such streams, rivers, or other water courses, the zoning district boundary shall be construed as moving with the channel centerline.
      (3)   Where zoning district boundary lines are indicated as approximately following Village limits, such Village limits shall be the zoning district boundary.
      (4)   When the actual street, right-of-way, property line boundary or other existing ground condition is in conflict with that shown on the zoning map, the Zoning Administrator shall provide the necessary interpretation, with their decision appealable to the Planning Commission.
      (5)   The person contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the Village and to submit technical evidence to support their claim.
   (c)   Vacation of Public Rights-of-Way. Whenever any street, alley, or other public way is vacated in a manner authorized by law, and where zoning was not already interpreted as to extend to the centerline of such public right-of- way according to subsection 1105.03(b)(2), above, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all areas included in the vacation shall then and henceforth be subject to all regulations of the extended district.
   (d)   Zoning of Annexed Territory.
      (1)   All territory annexed to the Village after May 1, 2006, shall immediately upon annexation be classified in the Estate Residential District and shall be subject to the regulations and standards this code, unless otherwise agreed and explicitly rezoned by Village Council in accepting said annexation of property to the Village.
      (2)   Within thirty (30) days of the effective date of the ordinance annexing territory to the Village, an applicant may seek a zoning map amendment to another district in accordance with Section 1103.07.
         (Ord. 2023-16. Passed 6-5-23.)

1105.04 ZONING DISTRICT PURPOSE STATEMENTS.

   In addition to the overall purpose of this code as established in Section 1101.01: Purpose, the following are the purpose statements for the individual zoning districts in the Village of Centerburg, Ohio. The purpose of Planned Development Districts is set out in Section 1107.01.
   (a)   Estate Residential District (ER). The purpose of the Estate Residential District (ER) is to provide a transition between more rural areas of the Village of Centerburg and adjacent jurisdictions, and more urbanized portions of the Village. These areas may or may not be served by public utilities yet but are still expected to develop at a lower density.
   (b)   Single-Family Residential District (R-1). The purpose of the Single-Family Residential District (R-1) is to encourage and provide for the orderly development of primarily low-density single-family homes and customary supporting residential facilities, such as schools, churches, parks, and open spaces.
   (c)   Single-Family Residential District (R-2). The purpose of the Single-Family Residential District (R-2) is to provide for the orderly development of primarily moderate-density single-family homes and customary supporting residential facilities, such as schools, churches, parks, and open spaces.
   (d)   Multi-Family Residential District (R-3). The purpose of the Multi-Family Residential District (R-3) is to encourage and provide for the orderly development of moderate density detached and attached housing types, with multiple dwelling units per structure, as well as the customary supporting residential facilities, such as schools, churches, parks, and open spaces. It is furthermore the purpose of this district to ensure that the location of such uses are in close proximity to community services and major thoroughfares that lend themselves to effective integration into the neighborhood by location and function.
   (e)   Community Commercial District (CC). The purpose of the Community Commercial District (CC) is to accommodate primarily commercial business, personal, professional and roadway service uses that cater to the needs of both the regional and local market. Development standards for single, free-standing uses on individual lots and shopping centers are regulated separately to encourage consolidation of lots into shopping centers of five acres or more.
   (f)   Village Center District (VC). The purpose of the Village Center District (VC) is to preserve, protect, and promote the Village- scale central commercial environment through promotion of and limitation to Village-scale commercial pursuits developed in a manner that is pleasant, safe, and convenient, the promotion of adaptive reuse of older commercial structures, and those constructed originally as residences, for appropriate village-scale commercial purposes, retention of the village scale and character through the limitation of uses, use sizes and characteristics, provision for the realization of a fine-grained intermixture of small-scale residential, office, and retail uses that was the hallmark of village life, and minimization of the impact of provisions for auto parking on loss of community character.
    (g)   Residential Office and Services District (RO). The purpose of the Residential Office and Services District (RO) is to provide for a transitional area of uses along major thoroughfares that are occupied by older single-family residences, but are subject to development pressure for commercial and office uses. The intent of the district is to provide for small low-intensity administrative and professional offices as an alternative use in such areas, while preserving the area's residential character.
   (h)   Industrial District (ID). The purpose of the Industrial District (ID) is to provide suitable areas for industrial activities. Uses developed within this district are intended to maintain an environment relative to noise, odor, dust, smoke, light, glare, or vibration that is compatible with adjacent land uses and in compliance with applicable State and Federal environmental regulations. Uses within this district are intended to operate without imposing any unusual burdens upon utility or government services.
   (i)   Public and Institutional District (P-I). The purpose of the P-I District is to establish sites for various governmental, institutional, educational, recreational, or other public or quasi-public uses that are integral parts of the community while also ensuring compatibility with the surrounding neighborhoods.
      (Ord. 2023-16. Passed 6-5-23.)

1105.05 ALLOWED PRINCIPAL USES.

   (a)   Table 1105-2 lists the principal uses allowed within the various zoning districts, except for uses allowed in PD Districts, which are established in Chapter 1107: Planned Developments.
   
   (b)   Explanation of Table of Allowed Permitted Uses.
      (1)   Permitted Uses.
         A.   A "P" in a cell indicates that a use type is allowed by-right in the respective zoning district. Permitted uses are subject to all other applicable standards of this code.
         B.   Permitted uses are approved administratively by the Planning Commission through the site plan review process or by the Zoning Administrator through the zoning certificate procedure, unless subject to additional reviews (e.g., variance, etc.).
      (2)   Permitted Uses with Standards.
         A.   A "PS" in a cell indicates that a use type is allowed by-right in the respective zoning district if it meets the additional standards as identified in the last column of Table 1105-2. Permitted uses with standards are subject to all other applicable standards of this code.
         B.   Uses permitted with standards are approved administratively by the Planning Commission through the site plan review process or by the Zoning Administrator through the zoning certificate procedure, unless subject to additional review (e.g., variance, etc.).
         C.   Where Planning Commission or the Zoning Administrator determine that such standards have not been met, such determinations are subject to appeal in accordance with Section 1103.14, or the applicant may submit the same or substantially similar information under an application for a variance pursuant to Section 1103.12 or a conditional use pursuant to Section 1103.08.
      (3)   Conditional Uses.
         A.   A "C" in a cell indicates that a use may be permitted if approved by the Planning Commission through the conditional use review procedure. Conditional uses may be subject to use-specific standards as identified in the last column of Table 1105-2. Conditional uses are subject to all other applicable standards of this code.
          B.   The existence or lack of additional use-specific standards in this code shall not be implied to be the only standards the use is required to meet. Any conditional use listed in the table shall be subject to the general review standards for all conditional uses established in Section 1103.08(d).
         C.   Where a use is listed as P/C or PS/C, there may be certain circumstances in which a conditional use approval may be required rather than the use being permitted or permitted with standards. The specific approval required shall be as established in the use-specific standards.
      (4)   Prohibited Uses.
         A.   A blank indicates that a use is prohibited in the respective zoning district.
         B.   Any use not specifically listed shall be considered prohibited unless allowed in accordance with Section 1105.05(d), below.
         C.   The cultivation of medical marijuana, or the processing or retail dispensing of medical marijuana product within the Village is hereby specifically prohibited.
            i.   This section does not prohibit research related to marijuana conducted at a state university academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity, if otherwise permitted under Chapter 3796 of the Ohio Revised Code and any administrative rules promulgated thereunder.
            ii.   Nothing herein is intended to regulate or prohibit a physician from recommending medical marijuana for a qualifying medical condition, or a registered patient from possessing or using medical marijuana as permitted under Chapter 3796 of the Ohio Revised Code and any administrative rules promulgated thereunder.
      (5)   Use-Specific Standards.
         A.   The numbers contained in the "Use-Specific Standards" column are references to additional standards and requirements that apply to the use type listed. Standards referenced in the "Use-Specific Standards" column apply in all zoning districts unless otherwise expressly stated.
         B.   Use-specific standards shall only apply if the use is permitted with standards (PS) or a conditional use (C). If the use is permitted with standards in some districts and conditional in other districts, the use-specific standards shall apply to both the districts where it is permitted with standards and where it is conditionally permitted.
         C.   This section provides site planning, development, and/or operating standards for certain land uses that are permitted with standards or conditionally permitted in Table 1105-2.
         D.   The land uses and activities covered by this section shall comply with the applicable use-specific standards in all districts unless otherwise specified, in addition to all other applicable provisions of this code.
   (c)   Multiple Uses. If multiple uses are proposed on a single lot or in a single building then each of the individual uses has to be allowed in the applicable zoning district and reviewed in accordance with how the individual use is allowed in the district (i.e., permitted, permitted with standards, or conditional use).
   (d)   Use Determination and Unlisted Uses.
      (1)   The Zoning Administrator shall make the determination if a proposed use is permitted, permitted with standards, a conditional use, or a prohibited use under the provisions of this section.
      (2)   The Zoning Administrator may determine that a proposed use that is not already listed in this code is substantially similar to a use that is permitted, permitted with standards, or a conditional use established in Table 1105-2 based on the proposed use activities, character of the business, similarity to existing uses within the Village, or any other relevant information from reliable sources. If the Zoning Administrator finds that the proposed use is substantially similar to a use established in Table 1105-2, the application shall be processed in the same manner as the similar use.
      (3)   In finding that a proposed use is similar to a use established in Table 1105-2, the Zoning Administrator shall make a note of the similar use in the approved application form.
      (4)   If the Zoning Administrator makes the determination that a use is prohibited, the application shall not be processed, and the application fee shall be returned.
      (5)   If the applicant disagrees with the Zoning Administrator's determination regarding the proposed use, the applicant may choose to take one of the following actions:
         A.   The applicant may appeal the determination of the Zoning Administrator to the Planning Commission pursuant to Section 1103.14: Appeals; or
         B.   The applicant may present their case to the Planning Commission and/or Village Council to request that the Village initiate a text amendment to address the proposed use and applicable standards.
   (e)   Table of Allowed Principal Uses.
TABLE 1105.02: ALLOWED PRINCIPAL USES
Land Uses
P=Permitted Use
PS=Permitted Use with Standards
C=Conditional Use
ER
R-1
R-2
R-3
CC
VC
RO
ID
P-I
Use-Specific Standards
See Section:
Agricultural Use Classification
Agriculture (Raising of Crops)
P
Residential Use Classification
Dormitories and Student Housing
C
P
Dwelling, Single-Family
P
P
P
P
P
Dwelling, Two-Family
P
Dwellings, Multi-Family
P
TABLE 1105.02: ALLOWED PRINCIPAL USES
Land Uses
P=Permitted Use
PS=Permitted Use with Standards
C=Conditional Use
ER
R-1
R-2
R-3
CC
VC
RO
ID
P-I
Use-Specific Standards
See Section:
Residential Use Classification (Cont.)
Permanently Sited Manufactured Housing
PS
PS
PS
PS
Residential Facilities
PS
PS
PS
PS/C
PS
PS
Public, Institutional, and Recreational Use Classification
Active Recreational Facilities
C
C
C
C
C
C
P
P
P
Camps and Campgrounds
C
P
Cemeteries
P
Churches and Places of Worship
PS
PS
PS
PS
C
C
C
PS
Cultural Facilities
C
C
C
P
Educational Institutions (Higher Education)
C
P
Educational Institutions (Preschool and K-12)
C
C
C
C
C
PS
Fraternal, Charitable, and Service Oriented Clubs
C
C
C
PS
Government Offices and Buildings (No Outdoor Activities)
P
P
C
P
Hospitals
C
P
Nursery Schools and Day Care Centers
C
C
C
P
Passive Parks, Open Space, and Natural Areas
P
P
P
P
P
P
P
P
P
Public Utility Buildings and Facilities
C
C
C
C
C
P
P
TABLE 1105.02: ALLOWED PRINCIPAL USES
Land Uses
P=Permitted Use
PS=Permitted Use with Standards
C=Conditional Use
ER
R-1
R-2
R-3
CC
VC
RO
ID
P-I
Use-Specific Standards
See Section:
Public, Institutional, and Recreational Use Classification (Cont.)
Residential Community Centers
C
C
C
C
Skilled Nursing or Personal Care Facilities
C
C
C
PS
Substance Abuse Treatment Facilities
C
C
PS
Wireless Telecommunication Facilities
C
C
C
C
C
C
C
P
Commercial, Office, and Mixed-Use Classification
Administrative, Business, or Professional Offices
P
P
C
P
Adult Entertainment Businesses
C
C
Animal Boarding, Training, or Daycare Facilities
C
PS
Animal Hospital/Clinics and Animal Grooming
C
C
C
C
Assembly Halls or Conference Centers
C
C
P
Automobile, Motorcycle, Recreational Vehicle Sales and Leasing
C
Automotive Repair and Service (Minor)
PS
Automotive Repair and Service (Major)
C
P
Bed and Breakfast Establishments
C
C
C
C
Commercial and Business Support Services
P
P
Commercial Recreational Facilities (Indoors)
C
C
C
P
TABLE 1105.02: ALLOWED PRINCIPAL USES
Land Uses
P=Permitted Use
PS=Permitted Use with Standards
C=Conditional Use
ER
R-1
R-2
R-3
CC
VC
RO
ID
P-I
Use-Specific Standards
See Section:
Commercial, Office, and Mixed-Use Classification (Cont.)
Commercial Recreational Facilities (Outdoors)
C
C
Financial Institutions
P
P
P
Fuel stations
C
Funeral Homes
C
C
P
Hotels and Motels
P
Medical/Dental Clinics and Urgent Care
P
P
C
Microbrewery, Microdistillery, or Microwinery
PS
PS
PS
Mixed Use Buildings
PS
PS
Multi-Tenant Uses
P
P
P
Parking Lots or Garages
C
C
P
Personal Services
P
P
P
Restaurants
P
P
Retail Businesses
P
P
Short-Term Rentals
C
C
C
PS
PS
C
Theaters
C
C
Vehicle Washing Establishments
C
(5)
Industrial Use Classification
Contractor Equipment and Storage Yards
P
Industrial Service Uses
P
TABLE 1105.02: ALLOWED PRINCIPAL USES
Land Uses
P=Permitted Use
PS=Permitted Use with Standards
C=Conditional Use
ER
R-1
R-2
R-3
CC
VC
RO
ID
P-I
Use-Specific Standards
See Section:
Industrial Use Classification (Cont.)
Industrial Uses, Heavy
C
Industrial Uses, Light
P
Research and Development Facilities
P
Self-Storage Facilities (Indoor)
P
Self-Storage Facilities (Outdoor)
C
Truck and Heavy Equipment Sales
P
Warehouses
P
Wholesale Establishments
P
(Ord. 2023-16. Passed 6-5-23.)

1105.06 USE-SPECIFIC STANDARDS.

   (a)   Permanently Sited Manufactured Housing. The following standards shall apply to any permanently sited manufactured housing:
      (1)   The housing shall meet the definition of a permanently sited manufactured home as established in the ORC.
      (2)   The housing shall comply with all zoning requirements of a single-family dwelling in the applicable zoning district.
      (3)   Travel trailers, park trailers, and mobile homes, as defined in Section 4501.01 of the ORC, do not qualify as a permanently sited manufactured home and shall be prohibited.
   (b)   Residential Facilities.
      (1)   Where a person may operate a residential facility, as defined in the ORC, that is of a size that is required to be allowed where single-family dwellings are permitted, such use shall be deemed a permitted use in the ER, R-1, R-2, and R-3 Districts. Such facilities must comply with the lot and principal building regulations (See Section 1111.01.), and any other standards in this code that apply to all single-family dwellings within the applicable district.
      (2)   Where a person may operate a residential facility, as defined in the ORC, that is of a size that is required to be allowed where multi-family dwellings are permitted, such use shall be deemed a conditional use in any the R-3 District. Such facilities shall comply with the lot and principal building regulations (See Section 1111.01.) and any other standards in this code that apply to all multi-family dwellings within the applicable district.
   (c)   Churches and Places of Worship. The minimum lot size shall be three acres.
   (d)   Educational Institutions (Preschool and K-12). The minimum lot size shall be three acres.
 
   (e)   Fraternal, Charitable, and Service Oriented Clubs. Accessory uses necessary to the operation of such use, such as clubhouses, restaurants, bars, swimming pools and similar activities, shall be permitted if they comply with the applicable standards in Section 1109.01. However, such uses where the conduct of business is the principal activity shall be prohibited.
   (f)   Hospitals.
      (1)   New hospitals shall be on a lot with primary vehicular access on an arterial street without going through a residential neighborhood to minimize the impact on less intense residential uses.
      (2)   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.
      (3)   The areas devoted to the outdoor storage of such vehicles shall be enclosed with a fence having a minimum height of six (6) feet.
      (4)   Access drives shall be located no less than 100 feet from an intersection.
      (5)   Helicopter access or traffic is not ancillary, implied, or otherwise considered a part of a hospital use, and any request for a helipad, helicopter landing zone, or similar facility or use may only be allowed if approved as a conditional use in accordance with Section 1103.08.
   (g)   Nursery Schools and Day Care Centers.
      (1)   For day nursery schools and day care centers that provide services to children, there shall be a fenced outdoor play area that complies with the State of Ohio licensing requirements.
      (2)   The use of outdoor play areas shall be limited to between the hours of 8:00 a.m. and 8:00 p.m.
      (3)   An on-site drop-off area shall be provided at the main entrance to the facility sufficient to accommodate four automobiles for facilities with twenty (20) or fewer children plus one additional vehicle for each additional ten (10) children served. The drop-off area may either be in the form of spaces parallel to an access drive adjacent to the building or additional parking spaces beyond code requirements.
      (4)   Access from an arterial or collector street shall be provided or the Planning Commission can authorize an alternative access if the applicant can demonstrate that access will be in a manner that does not cause heavy traffic on residential streets.
   (h)   Residential Community Centers.
      (1)   One residential community center shall be allowed within an individual subdivision or for a multi-family dwelling development with more than twelve (12) dwelling units.
      (2)   Additional residential community centers may be approved as part of a development that is approved as a PD District development.
      (3)   The residential community center shall only be for the use of residents and their guests.
   (i)   Skilled Nursing or Personal Care Facilities.
      (1)   Skilled nursing or personal care facilities shall be located so as to provide access from an arterial or collector street.
      (2)   Buildings shall be set back a minimum of forty (40) feet from all street rights-of-way lines.
      (3)   Buildings shall be set back fifteen (15) feet from all other lot lines unless the adjacent lot is in a residential district, in which case, the minimum setback shall be equal to the minimum yard setbacks of the adjacent residential district.
      (4)   All paved areas shall be set back a minimum of ten (10) feet from all lot lines.
      (5)   The maximum lot coverage of all buildings and paved areas shall be fifty percent (50%).
       (6)   The maximum density of these facilities varies based on the specific type of facility as established below:
         A.   If the proposed facility includes an independent living component (no skilled or personal care services provided), the independent living component shall be limited to the uses and maximum density permitted by the applicable zoning district. In a nonresidential zoning district, that maximum density shall be six units per acre. In no case shall the independent living component comprise more than fifty percent (50%) of the dwelling units or rooms in the proposed development, or the use shall be subject to the maximum lot size and densities established in the zoning district.
         B.   The maximum density of congregate housing or assisted living facilities shall be twelve (12) units per acre in the R-3, CC, VC, and R) Districts and twenty (20) units per acre in the P-I District regardless if the unit is a complete dwelling unit with separate kitchen facilities.
         C.   All other types of skilled nursing or personal care facilities shall comply with the maximum height and setback requirements of the applicable zoning district and any conditions or requirements set forth as part of the conditional use approval.
         D.   The Planning Commission may set maximum density or intensity requirements as part of the conditional use approval based on the density or character of surrounding uses.
      (7)   The maximum height of buildings shall be thirty-five (35) feet. The maximum height may be increased to fifty (50) feet by Planning Commission if the lot is not adjacent to any single- or two-family dwellings. If the building is adjacent to a single-family or two-family dwelling, the building height may be increased to a maximum height of fifty (50) feet by Planning Commission if one foot of additional setback is provided for each additional foot of height over thirty-five (35) feet, along the affected property line.
      (8)   Provision shall be made for an Emergency Medical Service drive or zone.
      (9)   The facilities are encouraged to be within reasonable walking distance, generally within two blocks, of major traffic arteries, shopping, community facilities, and other daily activities. If this requirement cannot be met, daily service by shuttle bus for residents to these activities must be available.
      (10)   A minimum of twenty percent (20%) of the total site shall be designated as common open space for active and/or passive recreational uses. Common open space shall not include required setback and buffer yard areas. Up to forty percent (40%) of the required common open space area may be provided in the form of a common leisure/recreation room.
   (j)   Substance Abuse Treatment Facilities.
      (1)   Substance abuse treatment facilities shall be located so as to provide access from an arterial or collector street.
      (2)   Buildings shall be set back a minimum of forty (40) feet from all street rights-of-way lines.
      (3)   Buildings shall be set back fifty (50) feet from all other lot lines unless the adjacent lot is in a residential district, in which case, the minimum setback shall be 250 feet from any adjacent dwelling unit.
      (4)   All paved areas shall be set back a minimum of ten (10) feet from all lot lines.
      (5)   The maximum density of development shall be the same as skilled nursing or personal care facilities, above.
   (k)   Wireless Telecommunication Facilities.
      (1)   The minimum lot area shall be that of the applicable zoning district or one acre, whichever is more.
       (2)   Setbacks from each lot line shall be equal to the height of the tallest structure, but in no case less than zoning district requirements. The setback requirement based on height is not applicable when the proposed facility is constructed on or in an existing structure and does not extend more than twenty (20) feet above the existing structure.
      (3)   The maximum height of a tower shall be 150 feet including the antenna. The Planning Commission may allow the maximum height to increase to 200 feet to accommodate co-location. Equipment shelters shall meet the accessory building requirements of the applicable zoning district.
      (4)   Perimeter landscaping shall be required around fencing at the base of the tower and around any building or equipment. The landscaping should have a year-round opacity of seventy-five (75%). The landscaping shall have a minimum height of six feet around the base of a tower. The Planning Commission may elect, in certain instances, to accomplish screening by materials other than landscaping.
      (5)   A paved access drive and one paved parking space shall be provided for a service vehicle.
      (6)   Lighting on the site shall be limited to cutoff style fixtures for control of light spread. Lighting on the tower shall be prohibited required by the Federal Aviation Administration (FAA).
      (7)   The tower shall be painted a non-contrasting gray or similar color to minimize its visibility unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).
      (8)   Emissions standards for electromagnetic fields must be in compliance with current and future Federal Communication Commission (FCC) standards.
      (9)   All approved installations must allow other providers to co-locate on the same pole to the extent technologically feasible at a reasonable and competitive market rate. All requests for new installation must demonstrate that there is no available space on existing towers or other suitable support structure within the established service area. New installations on an existing permitted tower are exempt from the conditional use process and may proceed with a standard building permit approval.
      (10)   All new towers shall be constructed to be capable of accommodating at least one additional wireless communication installation for another service provider.
      (11)   The applicant or any subsequent owner of the facility will remove it within ninety (90) days of obsolescence or abandonment. Obsolescence is defined as being replaced by new technology. Abandonment would occur when the provider is no longer operating a viable telecommunication network using this facility.
      (12)   The use of monopole construction for new towers is strongly encouraged. Only monopole construction shall be allowed in residential districts.
      (13)   No signage or advertising is to be displayed on the tower structure.
   (l)   Adult Entertainment Businesses.
      (1)   Purpose and Findings.
         A.   It is the purpose of this section to regulate adult entertainment businesses in order to promote the health, safety, morals and general welfare of the citizens of the Village, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of adult entertainment businesses within the Village. The provisions of this chapter do not have the purpose or effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Further, it is not the intent of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment of their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
          B.   Village Council has received substantial evidence concerning the adverse secondary effects of adult uses on a community based on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young V. American Mini Theaters, 426 U.S. 50 (1976) and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities, including, but not limited to Phoenix, Arizona; Tucson, Arizona; Garden Grove, California; Los Angeles, California; Whittier, California; Indianapolis, Indiana; Minneapolis, Minnesota; St. Paul, Minnesota; New York, New York; Cleveland, Ohio; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; and Seattle, Washington.
      (2)   Classification. Adult entertainment businesses shall be classified as follows:
         A.   Adult arcades;
         B.   Adult bookstores, adult novelty stores or adult video stores;
         C.   Adult cabarets;
         D.   Adult motion picture theaters; and
         E.   Adult theaters.
      (3)   Locational Requirements. All adult entertainment businesses shall meet the following location requirements.
         A.   No adult entertainment business shall be established within 250 feet of any area zoned for residential use or any lot on which is located a residential use.
         B.   No adult entertainment business shall be established within a radius of 250 feet from any educational institution or cultural institution, whether public or private, governmental or commercial, which educational institution or cultural institution is attended by persons under eighteen (18) years of age.
         C.   No adult entertainment business shall be established within a radius of 250 feet from any commercial recreational facility (indoor or outdoor) which is primarily advertised for families and/or children where such facility is attended by persons under eighteen (18) years of age.
         D.   No adult entertainment business shall be established within a radius of 250 feet from any active recreational facility or a passive park, open space, or natural area.
         E.   No adult entertainment business shall be established within a radius of 250 feet from any business licensed pursuant to the alcoholic beverage control regulations of the State of Ohio.
         F.   No adult entertainment business may be established, operated or enlarged within 250 feet of another adult entertainment business.
         G.   Not more than one adult entertainment business shall be established or operated in the same building, structure or portion thereof.
         H.   No adult entertainment business shall be established within a radius of 250 feet from any place of worship.
         I.   The distances specified in this section shall be measured in a straight line, without regard to intervening structures, from the nearest point of the premises in which the proposed adult entertainment business is to be established to the nearest property line of a use or zoning classification listed above or another adult entertainment business. The presence of a Village, County or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
      (4)   Nonconforming Adult Entertainment Business. Any adult entertainment business lawfully operating before the effective date of this code, that is in violation of any of the provisions of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use.
      (5)   Development Standards. Adult entertainment businesses are subject to the following standards:
         A.   No adult entertainment business shall be located in any temporary or portable structure.
         B.   No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.
         C.   Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance or exit to the business.
         D.   All entrances to an adult entertainment business shall be clearly and legibly posted with a notice indicating that minors are prohibited from entering the premises.
         E.   The adult entertainment business shall not conduct or sponsor any activities, which created a demand for parking spaces beyond the number of spaces required by the business.
         F.   No adult entertainment business shall be operated in any manner that permits the observation of any persons or material depicting, describing or related to specified sexual activities or specified anatomical areas, inside the premises, from any public way or from any location outside the building or area of such establishment. This provision shall apply to any merchandise, display, decoration, sign, show window or other opening.
   (m)   Animal Boarding, Training, or Daycare Facilities.
      (1)   Care and boarding of animals shall be limited to domestic animals and may not include cattle, horses, swine, llamas, chickens, or other similarly sized animals, nor shall it include the breeding of such domestic animals.
      (2)   All structures and outdoor run areas designed to house or accommodate animals, either permanently or temporarily, shall be set back a minimum of 100 feet from all lot lines. All other structures related to the use of the property shall be set back in accordance with the applicable zoning district.
      (3)   Each structure shall be designed and maintained in a manner to prevent the development of unsanitary conditions.
      (4)   Rooms intended to accommodate animals shall be insulated, or otherwise soundproofed and vented so animal noises will not be audible at any point on the perimeter of the property.
      (5)   A solid wood fence or masonry wall with a minimum height of six (6) feet shall be constructed where a kennel or animal boarding facility is located adjacent to a residential zoning district.
   (n)   Animal Hospital/Clinics and Animal Grooming. Animal hospitals, clinics, and animal grooming establishments shall not include any overnight accommodation for animals unless temporary for the purposes of medical care.
 
   (o)   Automotive Repair and Service (Minor) and Fuel Stations.
      (1)   Fuel pumps shall be set back a minimum of forty (40) feet from all lot lines and 100 feet from all adjacent lot lines of lots in residential zoning districts.
      (2)   Canopies shall be set back a minimum of twenty (20) feet from all lot lines and fifty (50) feet from all adjacent lot lines of lots in residential zoning districts.
      (3)   The maximum lot coverage shall be sixty percent (60%).
      (4)   All hydraulic hoists, oil pits, and all lubricants, greasing, vehicle washing, and repair equipment shall be enclosed entirely within a building. No outdoor disassembly or repair of motor vehicles shall be permitted.
      (5)   Activities shall be limited to:
         A.   The sale of automotive fuel;
         B.   The servicing of motor vehicles with minor repair work such as the changing of oil, other fluids, tires, batteries, etc. but not including any major engine or body work;
         C.   Hand washing of vehicles within an enclosed building (all other forms of vehicle washing shall be classified as a vehicle washing establishment as regulated in this chapter);
         D.   The retail sale of vehicle parts and products relating to minor repair work, such as, but not limited to, oil, grease, tires, antifreeze, batteries, windshield wipers.
      (6)   Space for overnight parking, overnight accommodations, or the inclusion of showers within the building shall be prohibited.
      (7)   Any major repair work, including but not limited to, automobile body repair and painting, automobile glass work, automobile transmission work, automobile engine overhaul and repair, and radiator repair work shall be classified as "automotive repair and service (major)" and shall be subject to Section 1105.06(p).
      (8)   Vehicles being serviced or awaiting same shall be stored for no longer than fourteen (14) days on the site if in unenclosed areas.
      (9)   All repair work must be performed in a fully enclosed building.
      (10)   There shall be no more than two driveway openings along any frontage.
      (11)   The storage and disposal of solid waste and recyclable materials, including used or discarded motor vehicle parts or equipment, and fluids, shall comply with all applicable Federal, State, and local requirements.
      (12)   Outdoor solid waste and recyclable storage areas shall be screened in accordance with Section 1113.07.
   (p)   Automotive Repair and Service (Major).
      (1)   A major automotive repair and service establishment shall be subject to the same requirements as an automotive repair and service establishment as established in Section 1105.06(o).
      (2)   The principal structure shall be set back a minimum of 150 feet from any residential zoning district. Parking for the storage of vehicles, whether operational or non-operational, shall be set back a minimum of fifty (50) feet from any adjacent lot in a residential district.
      (3)   The storage of non-operational vehicles for longer fourteen (14) days shall be permitted if stored in the rear yard and screened by a solid landscaping wall or fence with a minimum height of six feet.
      (4)   The use may be subject to additional screening requirement in accordance with Section 1105.06(o).
      (5)   Vehicle service and repair shall be done in an enclosed building.
      (6)   Vehicles awaiting repair shall be parked in designated parking spaces and shall not encroach on driving aisles, landscaped areas and drive approaches. No part of the street right-of-way shall be used for parking of vehicles awaiting service.
       (7)   Damaged or inoperable vehicles shall not be used for storage purposes.
   (q)   Bed and Breakfast Establishments.
      (1)   The building utilized for the bed and breakfast establishment shall have been originally designed as a single-family dwelling structure prior to the effective date of this code.
      (2)   The maximum length of stay for any guest is fourteen (14) consecutive days.
      (3)   The facility must be operated and managed by the property owner or leaseholder, who must reside on the premises while the bed and breakfast establishment is in operation.
      (4)   Only residents of the home may serve as employees at the bed and breakfast.
      (5)   Only overnight guests shall be served meals unless otherwise authorized as part of the conditional use approval.
      (6)   All activities related to the establishment shall take place within the principal dwelling and not within a garage or accessory building. Furthermore, all access to rooms shall be from within the principal building.
      (7)   There shall be a maximum of three (3) guest rooms with no more than two (2) guest rooms sharing a single bath and no more than six (6) adult guests at one time. For the purpose of this section, "adult" means any person over the age of eighteen (18) years.
      (8)   There shall be no exterior evidence of the use except that the owner may provide one wall-mounted sign in accordance with Section 1117.02(e).
      (9)   No building additions or alterations may be undertaken for the sole purpose of expanding the bed and breakfast use unless approved as part of the conditional use review.
      (10)   All parking shall comply with Chapter 1115: Parking, Access, and Connectivity.
   (r)   Funeral Homes.
      (1)   Vehicular use areas shall be designed to allow for the queuing of vehicles if funeral processions are intended to originate or terminate at the establishment.
      (2)   All funeral homes shall be located so as to provide access from an arterial or collector street.
      (3)   Cremation services shall be permitted only in the ID District.
   (s)   Microbrewery, Microdistillery, or Microwinery.
      (1)   A microbrewery, microdistillery, and microwinery shall be allowed in the CC and VC Districts when the majority of the floor area is dedicated to being used for restaurant service or for the serving of drinks made on site so that the use fits into the retail character of the districts. Drinks made off site may also be permitted provided the majority of drinks offered for sale are made on site.
      (2)   A microbrewery, microdistillery, and microwinery in the ID District may include a taproom area to serve customers drinks made on site provided the floor area of the taproom does not exceed fifty percent (50%) of the total footprint of the use. Food service may be included within the fifty percent (50%) total footprint. Drinks made off site may also be permitted provided the majority of drinks offered for sale are made on site.
   (t)   Mixed-Use Buildings.
      (1)   Mixed-use buildings may include multi-family dwelling units on all floor so the building except the first floor.
      (2)   The maximum density of dwelling units shall be eight (8) units per acre.
      (3)   Each dwelling unit shall have a minimum livable area of 400 square feet.
      (4)   Mixed-use buildings may include any commercial and office use permitted in the applicable district if reviewed in accordance to how they are allowed (e.g., permitted, permitted with standards, or conditionally permitted).
   (u)   Multi-Tenant Uses.
      (1)   There shall be a maximum of four tenant spaces permitted in any multi-tenant building.
       (2)   The limitation on the number of tenant spaces shall not apply if all tenant spaces are accessed from a common interior area.
   (v)   Parking Lot or Garages. The design of a parking lot that is the principal use of a lot shall comply with the vehicular use design standards of Section 1115.03. Such uses shall also be subject to applicable landscaping and screening standards.
   (w)   Short-Term Rentals.
      (1)   All activities related to the establishment shall take place within the principal dwelling and not within a garage or accessory building. Furthermore, all access to rooms shall be from within the principal building.
      (2)   There shall be a maximum of five (5) guest rooms with no more than two (2) guest rooms sharing a single bath and no more than ten (10) adult guests at one time. For the purpose of this section, "adult" means any person over the age of eighteen (18) years.
      (3)   Any dwelling unit that is used for a short-term rental shall be constructed to meet the requirements of the International Property Maintenance Code, as adopted by the Village.
      (4)   There shall be no exterior evidence of the use except that the owner may provide one wall- mounted sign in accordance with Section 1117.02(e).
      (5)   No private events or parties shall be hosted at the short-term rental that exceeds the maximum occupancy of the short-term rental unit.
      (6)   All parking shall comply with Chapter 1115: Parking, Access, and Connectivity.
   (x)   Vehicle Washing Establishments.
      (1)   All structures shall be set back a minimum of fifty (50) feet from any adjacent lot lines of lots in residential zoning districts. Any self-service washing establishment or portion of a building used for self-service washing shall be set back a minimum of 100 feet from any adjacent lot lines of lots in residential zoning districts.
      (2)   In order to prevent excessive pooling of water in the street right-of-way, the facility must be equipped with a dryer or must demonstrate adequate drainage on-site to accommodate all water used for cleaning.
      (3)   There shall be adequate provision for the disposal of wastewater and the prevention of surface runoff.
      (4)   Vacuuming and/or steam cleaning equipment may be located outside but shall not be placed in the yard adjoining a residential zoning district. Such areas shall be set back a minimum of 150 feet from any adjacent lot lines of lots in residential zoning districts.
      (5)   If at all possible, exit doors shall be oriented away from the street right-of-way. If not possible, a hard surface exit drive not less than forty feet in length shall be provided between the exit doors and the street.
      (6)   The use shall be subject to the vehicle stacking space requirements of Section 1115.07.
   (y)   Self-Storage Facilities - Indoor and Outdoor.
      (1)   The leases for all self-storage units shall include clauses related to the following:
         A.   The storage of flammable liquids or radioactive, highly combustible, explosive or hazardous materials is prohibited;
         B.   That the tenant shall be required to provide access to the Fire Department up to three times per calendar year for inspections related to the fire code; and
         C.   The property may not be used for any uses other than dead storage.
      (2)   There shall be no retail sales on the property with the exception that the owner or their designee may hold an auction on the site up to four times a year for the purpose of selling goods stored in units.
      (3)   The Centerburg Fire Department shall be provided with twenty-four (24)-hour access to the grounds and buildings. A lockbox shall be provided for its use.
      (4)   The maximum size of individual storage compartments shall be 500 square feet.
      (5)   The outdoor storage of inventory, materials, vehicles or merchandise is prohibited, unless specifically approved by the Planning Commission as part of a conditional use approval for a self-storage facility (outdoor).
      (6)   Sale, repair, fabrication or servicing of goods, motor vehicles, appliances, equipment, or materials or similar activities shall be prohibited in or from self-service storage facilities.
      (7)   Self-storage facilities may not be used for residential purposes.
      (8)   Except for sinks and restroom facilities provided solely for the use of the managers or security personnel of self-storage facilities containing more than ten (10) individual storage units, neither sinks nor restroom facilities shall be permitted within self-storage facilities.
      (9)   No storage unit door opening in a self-storage facility (outdoor) shall face a residential district.
         (Ord. 2023-16. Passed 6-5-23.)