The intent of this chapter is to provide for the establishment of certain uses in the specified zoning districts only when they have met or exceeded the requirements of this chapter. These uses, while generally compatible with the principally permitted uses in the zoning district, require additional safeguards to ensure their continued compatibility.

(Ord. 1985-40, passed 8-6-85)

(a)

For the home occupation approval process, refer to section 1167.02 et seq.

(b)

The conditionally permitted use approval process shall consist of the following steps:

(1)

Submission of a completed application, materials and fees to the office of the city manager;

(2)

The board of zoning appeals shall hold a public hearing;

(3)

Approval by the board of zoning appeals; and

(4)

Issuance of the zoning certificate by the city manager in accordance with the requirements of the board of zoning appeals.

(c)

Applications for the conditionally permitted use shall be obtained from the office of the city manager and when completed shall be returned to that office. The application shall consist of the completed form, other required materials and the required fees.

(d)

The city manager, upon receipt of the application shall transmit the completed application form to the board of zoning appeals within three working days.

(e)

The board of zoning appeals shall hold a public hearing to consider the application. The public notice requirements found in section 1135.02(c) shall be followed.

(f)

The board of zoning appeals shall approve, approve with modification, or deny the application within 60 days after transmittal by the city manager.

(g)

Approval shall not be granted unless the following conditions have been met or exceeded:

(1)

All requirements, except those specifically modified by this chapter of the district in which the proposed conditionally permitted use is to be located are met; and

(2)

All requirements of sections 1169.03 and 1169.04 are met.

(h)

Any change in the type of conditionally permitted use shall require board of zoning appeal approval in accordance with the process described in this section.

(i)

The board of zoning appeals may prescribe appropriate conditions and safeguards with respect to the density, design, location, maintenance and operation, in addition to those described in the zoning code so long as they are necessary for the protection of the adjacent property owners and the character of the neighborhood.

(j)

The city manager shall issue a zoning certificate only in compliance with the approved requirements of the board of zoning appeals.

(Ord. 1985-40, passed 8-6-85)

The board of zoning appeals shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence that such use on the proposed location:

(a)

Is a conditionally permitted use as established in chapter 1145 district regulations.

(b)

Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the same area.

(c)

Will not be hazardous, disturbing or detrimental to existing or future permitted neighboring uses or to the community as a whole.

(d)

Will be served adequately by essential public facilities and services; or that the persons responsible for the establishment of the proposed use shall be able to adequately provide such service.

(e)

Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads.

(f)

Meets or exceeds all other parking, loading, sign or other requirements of the zoning code.

(Ord. 1985-40, passed 8-6-85)

Conditionally permitted uses shall be subject to the following set of requirements within the specified zoning district.

(a)

O-S open space. There are no conditionally permitted uses in the O-S district.

(b)

R-1 single-family residential district.

(1)

Residential social service facility.

A.

The agency operating a residential home shall have at least two qualified houseparents or supervisors for each residential home and shall maintain 24-hour supervision at all times. The agency shall provide social work, psychological and medical services as required.

B.

No residential social service facility shall be permitted within 1,500 feet of another such facility.

C.

The social service facility shall provide not less than 25 square feet per person of suitable indoor recreation area and not less than 200 square feet of outdoor open space per person consolidated in a useful configuration and location provided on the site.

D.

Every room occupied for sleeping purposes shall contain a minimum of 80 square feet of habitable room area for one occupant. When occupied by more than one person, the room shall contain at least 60 square feet of habitable room area for each occupant.

E.

A site plan and a floor plan for the proposed home, identifying the required recreation areas and sleeping quarters, shall be submitted as part of the application.

F.

A plan which documents the need for the home in relation to the specific clientele served and identifies the location of other residential social service facilities in the city shall also be submitted as part of the application.

G.

A change in the residential social service facility type is a change in the conditional use and requires prior approval by the board of zoning appeals.

(c)

R-1A single-family residential.

(1)

Duplexes.

A.

The minimum lot and building requirements for duplexes in the R-2 mixed residential district, found in section 1145.04, shall apply.

B.

The setback requirements of the R-1A district shall apply.

C.

The off-street parking facilities shall be provided in accordance with chapter 1149.

(2)

Duplexes converted from single-family residences.

A.

A minimum of 1,500 square feet of total floor area shall be required with a minimum floor area for one of the two units shall be 550 square feet.

B.

The off-street parking facilities shall be provided in accordance with chapter 1149.

(3)

Nursery schools and day care centers.

A.

The minimum lot area shall be equal to 7,200 square feet or 400 square feet per child, whichever is greater.

B.

There shall be a minimum side yard setback of 20 feet on each side.

C.

The floor area of the principal building shall contain 40 square feet per child including 35 square feet per child of indoor play area.

D.

There shall be an adequately equipped and fenced area for outdoor recreation. There shall be 60 square feet of outdoor play area for each child. The outdoor recreation area shall be constructed so as to insure safe ingress and egress.

E.

A site plan and a floor plan identifying the designated recreation areas for the proposed center shall be submitted as part of this application.

F.

The off-street parking facilities shall be provided in accordance with chapter 1149.

(4)

Residential social service facilities.

A.

The requirements of subsection (b)(1) shall apply.

B.

The requirements of subsection (c)(3)C. shall apply.

C.

The off-street parking facilities shall be provided in accordance with chapter 1149.

(d)

R-2 mixed residential district.

(1)

Townhouses and other zero lot line residences.

A.

Proposals for zero lot line residences shall include at least two dwellings per building.

B.

The minimum lot area shall be 2,880 square feet for townhouses and 4,800 square feet for all other zero lot line development.

C.

The minimum lot frontage shall be 24 feet for townhouses and 40 feet for other zero lot line houses. When on corner lots, the minimum shall be 44 feet for townhouses and 60 feet for other zero lot line dwellings.

D.

There shall be no side yard setback for townhouses except that the end units must have ten feet of setback from the side lot line. For other zero lot line residences there shall also be required a ten-foot setback on one side of the structural complex. In no case shall a zero lot line structure be constructed on a lot line that is immediately adjacent to property in a district other than an R-2 district.

E.

A townhouse or other zero lot line structure shall occupy no more than 60 percent of the lot.

F.

Townhouses shall be constructed up to side lot lines without side yard, and no windows, doors or other openings shall face a side lot line except that the outside wall of end units may contain such openings.

G.

Other zero lot line dwellings shall be constructed against the lot line on one side of a lot, and no windows, doors, or other openings shall be permitted on this side.

H.

Firewalls, as defined in the Ohio Basic Building Code, shall be provided in all common walls.

(2)

Churches.

A.

The minimum lot size for a church shall be one acre.

B.

The minimum frontage shall be 150 feet.

C.

The setbacks shall be as follows: Front yard: 40 feet. Side yard: 25 feet each side. Rear yard: 30 feet.

D.

The maximum height shall be 35 feet; excluding steeples, belltowers, etc.

(3)

Residential social service facilities.

A.

The requirements of subsection (b)(1) shall also apply in the R-2 district.

B.

The lot and building requirements for triplexes in the R-2 district shall also apply to residential social service facilities in the R-2 district.

(e)

R-3 multiple-family residential district.

(1)

Nursing homes.

A.

The side yard setback shall be 20 feet on each side. The rear setback shall be 40 feet.

B.

Screening or an open area between the required off-street parking area and adjacent lots will be provided in accordance with section 1149.04(d).

C.

There shall be two vehicular entrances/exits from the adjacent street.

D.

A site plan shall be submitted as part of the application.

(2)

Nursery schools and day care centers.

A.

The requirements of subsection (c)(3) shall apply.

(3)

Residential social service facilities.

A.

The requirements of subsection (b)(1) shall also apply to the R-3 district.

B.

The minimum lot area shall be 7,200 square feet or 400 square feet per person, whichever is greater.

(4)

Churches.

A.

The requirements of subsection (d)(2) shall also apply in the R-3 district.

(f)

R-O residential office district.

(1)

Private lodges and clubs.

A.

The minimum lot size shall be 20,000 square feet for new construction; otherwise the district requirements apply.

B.

The minimum side yard setback shall be 20 feet for each yard.

C.

The minimum rear yard setback shall be 40 feet.

D.

A four-inch curb shall separate the required off-street parking and loading areas from the remainder of the lot.

E.

Screening or an open area between the required off-street parking area and adjacent lots will be provided in accordance with section 1149.04(d).

F.

There shall be two vehicular entrances/exits from the adjacent street.

G.

A site plan shall be submitted as part of the application.

(2)

Funeral homes.

A.

The minimum lot size shall be 10,000 square feet.

B.

The side yard setback shall be 20 feet on each side and the rear yard setback shall be 40 feet.

C.

Screening or an open area between the required off-street parking area and adjacent lots will be provided in accordance with section 1149.04(d).

D.

There shall be two vehicular entrances/exits from the adjacent street.

E.

A site plan shall be submitted as part of the application.

(3)

Retail sales and service.

A.

Public off-street parking must be within 400 feet, measured along the closest public right-of-way, of the proposed site or the off-street parking shall be provided as part of the proposal.

(4)

Duplexes converted from single-family residences.

A.

A minimum of 1,500 square feet of total floor area shall be required; a minimum floor area for one of the two units shall be 550 square feet.

(g)

C-1 CBD (central business district).

(1)

Multiple-family dwellings.

A.

There shall be two vehicular entrances/exits to an adjacent street, neither of which shall be to Main Street or have a point of ingress or egress within 60 feet of Main Street.

B.

Screening or an open area between the required off-street parking area and adjacent lots will be provided in accordance with section 1149.04(d).

(2)

Residential uses above commercial uses.

A.

The residential floor area requirements of section 1145.04(e)(5), multiple-family residential district shall apply.

B.

The off-street parking requirements shall equal the sum of the requirements for each of the individual uses of the building.

C.

There shall be separate entrances for the commercial and the residential uses. Adequate lighting shall be provided for the entrance to the residential uses.

(3)

Hotels.

A.

There shall be two vehicular entrances/exits to an adjacent street, neither of which shall be to Main Street or have a point of ingress or egress within 60 feet of Main Street.

B.

Screening or an open area between the required off-street parking area and adjacent lots will be provided in accordance with section 1149.04(d).

(4)

Commercial recreation/entertainment facilities.

A.

Screening or an open area between the required off-street parking area and adjacent lots will be provided in accordance with section 1149.04(d).

B.

Supporting documentation shall be provided to show that noise generated by the use shall not be objectionable between the hours of 7:00 p.m. and 7:00 a.m. daily at the boundary of the C-1 central business district.

(5)

Buildings of less than 200 square feet.

A.

The building must be utilized only as a drive-up or drive-through facility.

B.

Plans shall be provided showing separate and identified vehicular entrances and exits, the anticipated traffic patterns, and increased traffic volume resulting from the proposed use.

(h)

C-2 general commercial district.

(1)

Animal hospitals and kennels.

A.

There shall be no structures within 30 feet of the lot lines.

B.

There shall be not outside storage of animals.

(2)

Transportation facilities.

A.

There shall be two entrances and two exits.

B.

The minimum lot size shall be one acre.

(3)

Personal storage.

A.

Minimum lot size shall be three-quarter acre.

B.

Fencing is required.

C.

No buildings shall be located within 25 feet of any residential zoning district.

(4)

Residential uses above commercial uses.

A.

The residential floor area requirements of section 1145.04(e)(5), multiple-family residential district shall apply.

B.

The off-street parking requirements shall equal the sum of the requirements for each of the individual uses of the building.

C.

There shall be separate entrances for the commercial and residential uses. Adequate lighting shall be provided for the entrance to the residential uses.

(i)

I-1 general industrial district.

(1)

Junkyards.

A.

There shall be a minimum lot size of five acres.

B.

The minimum setback shall be:

Front yard: 60 feet.

Side yard: 25 feet each.

Rear yard: 40 feet.

C.

Screening, a minimum of eight feet, shall be provided all around the actual area of the junkyard use.

D.

No junk shall be stored more than eight feet high.

E.

No junk shall be stored in the required front setback.

F.

No hazardous materials shall be stored on the site.

(Ord. 1985-40, passed 8-6-85; Ord. 1998-123, passed 10-20-98)

The approval of the conditional use shall expire if within six months after approval the operation or the construction of the conditional use has not begun or if the conditional use is discontinued for six consecutive months.

(Ord. 1987-36, passed 9-1-87)

Appeals from the board's decision shall be made to council in the manner prescribed in section 1135.02(g).

(Ord. 1985-40, passed 8-6-85)