All conditional uses require the issuance of a conditional use permit by the Code Enforcement Officer following approval of the Board of Zoning Appeals. The procedures for making application for a conditional use permit are specified in Section 1268.05(f).

   Subsection (a) hereof contains a listing of which conditional uses are permitted to be located in which zoning districts and which prior conditions for approval they are subject to.

   Subsections (b) et seq. contain enumerations of the specific conditions for approval that the Board must apply in making a decision on an application for a conditional use permit in accordance with the procedures specified in Section 1268.05(f).

   (a)   Permitted Locations and Conditions for Approval.

 

   (b)   Specific Prior Conditions for Approval.

      a.    Minimum lot area and width.

         1.   #1/

         2.   1,000 sq. ft.

         3.   1/2 acre/100 ft.

         4.   One acre/150 ft.

         5.   1,000 sq. ft. lot area per bed/100 ft.

         6.   11,000 sq. ft.

      b.   Minimum yards (feet).

            Front   Side (each)   Rear

         1.   #   #      #1/

         2.   #   20      #

         3.   #   40      40

         4.   #   40      50

         5.   100   40      40

         6.   Drive-through automobile storage lanes meet the same yard requirements as are 100 sed on principal structures.

         7.   40   20      #

      c.   Building setback from the building line (feet).

         1.   40

         2.   A storage area for cars waiting outside the building must accommodate at least one car for each 500 square feet of building area.

         3.   Only one business shall be served by a drive-through storage lane.

      e.   Plan of landscape development to be submitted with application, including quantities, size and varieties of landscaping. 

         1.   4-foot wall or fence

         2.   6-foot screening (wall, fence, hedge)

      g.   Distance of parking area from residential use (feet). 

         2.   Drive-through automobile storage lanes shall be located thirty-five feet from the nearest existing or potential dwelling unit.

      h.   Number of loading and unloading berths (shall not face on bordering highway).

         1.   15,000 sq. ft. of floor area

         2.   Over 1500 sq. ft. of floor area

      i.   50-foot minimum distance of loading and unloading berth from residential use.

      j.   Development plan to be submitted with application.

      k.   Covenant by owners to perpetuate maintenance and approve future improvements.

      l.   Maximum number of principal entrances from major thoroughfare. 

         2.   2

      m.   Acceptable relationship to major thoroughfare and acceptable on-site circulation pattern.

      n.   Thoroughfare must be adequate to carry additional traffic generated by use.

      o.   Outdoor artificial lighting shall be approved by Board of Zoning Appeals.

      p.   Disposal of liquid and other wastes shall meet the approval of the pertinent health authorities.

      q.   (EDITOR'S NOTE: This paragraph was repealed by Ordinance 83-19, passed June 14, 1983.)

      r.   Outside storage or display of products, merchandise or other wares prohibited.

      s.   Storage area for waiting cars is at least one-half of the gross square footage of the business to be served by a drive-through window. 

      t.    Only one business is served by a drive-through window drive storage lane.

      u.   No entrance or exit for vehicles shall exist within 200 feet, along the same side of the streets of a school, public playground, hospital or public library, except where such property is in another block or on another street which the lot in question does not abut.

      v.   All repair work and tools, and apparatus for conducting repair work shall be completely contained within an enclosed building.

      w.   Pavement shall be required for all parking, storage and driving areas on the lot, and all paved areas shall be surrounded by a barrier at least four inches high.

      x.   No visible storage, from streets or other areas used by the public, of discarded materials or trash.

      y.   Outside parking is provided in the amount of one space per bay plus one space per employee on the largest shift, and no canopies are allowed.

      1/    Use of # in the figure indicates that the conditions for approval of the district apply to the district where located.

   (c)   Automobile Service Stations. There are conditionally permitted, in the C-l, C-2 and C-3 Districts, automobile service stations, provided that the applicant submits a site development plan which meets the following conditions:

      (1)   There shall be a minimum lot width at the front property line of 140 feet.

      (2)   There shall be a minimum lot area size of 14,000 square feet.

      (3)   No automobile service station shall have an entrance or exit for vehicles within 200 feet, along the same side of a street, of any school, public playground, church, hospital, public library or institution for dependents or for children, except where such property is in another block or on another street which the lot in question does not abut.

      (4)   The curb and gutter shall be constructed along the entire frontage of the zoning lot, except drive aprons. No driveways shall be closer than ten feet to an adjacent property line nor closer than fifty feet to an adjacent "R" District or corner property lines extended from the established right-of-way lines as shown on the Official Thoroughfare Plan.

      (5)   Gasoline pumps in the service bays shall be a minimum distance of fifteen feet from the property line. The automobile service station building shall be set back a minimum distance of forty feet from the front property line and fifteen feet from any other property line. Pump island areas may be covered by a canopy, provided the area is open except for supporting members. Supporting members may not be nearer to the right of way than the pump island and the canopy may be no closer to a right of way or property line, vertically extended, than ten feet.

      (6)   All hydraulic hoists, oil pits, lubricants, greasing, automobile washing and repair equipment shall be enclosed entirely within a building.

      (7)   The light from the exterior lighting hall be so shaded, shielded or directed that the light intensity or brightness is not objectionable to adjacent properties.

      (8)   The entire lot area, exclusive of the building, shall be paved, or any unpaved portion of the lot shall be landscaped and protected by a barrier at least four inches high surrounding all paved areas.

      (9)   A strip of land not less than twenty-five feet in width, planted with an evergreen hedge or a dense planting of evergreen shrubs not less than six feet in height, to be located on such grass strip at least twenty feet from the property line, may be substituted and such grass strip and shrubs shall be maintained in good condition.

      (10)   Automobile service stations may be converted to automobile convenience service facilities without permission of the Board of Zoning Appeals, provided all conditions for automobile convenience service facilities are met, except building size and number of bays.

   (d)   Automobile Washing Establishments. There is conditionally permitted in any C-2 or C-3 Zoning District an automobile washing establishment, provided that it meets the following conditions for approval:

      (1)   All washing facilities shall be in an enclosed building (except for entrance or exit doors which may be left open during hours of operation).

      (2)   The minimum site size shall be one-half acre, with 100 feet of frontage, in the case of automated washing facilities (where patrons are not directly involved in the car washing process); and the minimum site size shall be one acre, with 150 feet of frontage, in the case of self-service washing facilities.

      (3)   All parking areas and access drives shall be hard surfaced and dust free.

      (4)   Water or residue from the washing process shall not be allowed to drain from the zoning lot containing such establishment.

      (5)   The operation of any vehicle washing establishment shall conform in all respects to the minimum performance standards set forth in Section 1266.04.

      (6)   One parking space shall be provided for each regular employee, with a minimum of one parking space for employees on each zoning lot.

      (7)   For customer parking, a minimum of six off-street waiting spaces shall be provided for every bay with a self-service washing facility, and a minimum of ten off-street waiting spaces shall be provided for every automated washing facility where patrons are not directly involved in the car washing process.

      (8)   There shall be an area beyond the exit end of each washing line of at least 500 square feet to allow for the hand finishing and drying of vehicles.

      (9)   The entrance to washing and other service facilities shall not be toward the street fronting the zoning lot.

   (e)   Mineral Extraction Regulations.

      (1)   The purpose and intent of this subsection is to ensure that mineral extraction activities do not adversely affect surrounding properties and that the land is restored to a useful condition once the minerals have been extracted from the subsurface. Mineral extraction is permitted only in the S-FP Flood Plain District.

      (2)   The applicant for a conditional use permit to carry out mineral extraction must demonstrate that such operations will not be detrimental to the vicinity or surrounding properties and that the following conditions are met by the applicant.

         A.   All equipment used in these operations shall be constructed, maintained and operated in such a manner as to eliminate, so far as practical, noise, vibration or dust which would injure or annoy persons living in the vicinity.

         B.   No mining, quarrying or gravel or sand extraction shall be permitted nearer than fifty feet to the boundary of the property being utilized for such use.

         C.   In order to ensure adequate lateral support, all sand and gravel excavations shall be located at least 100 feet, and backfilled to at least 150 feet, and all quarrying or blasting shall be located at least fifty feet, from the right-of-way line of any existing or platted street, road, highway or railway, except that such excavation or quarrying may be permitted within these limits to the point of reducing the ground elevation to the grade of the existing or platted street, road or highway.

         D.   All excavations of gravel or sand shall either be made to a waterproducing depth, plus five feet, or graded and/or backfilled with nonnoxious and nonflammable solids to assure that: 1. The excavated area will not collect and retain stagnant water. 2. The graded or backfilled surface will create a gently rolling topography to minimize erosion by wind and rain and substantially conform with the contours of the surrounding area.

         E.   The banks of all excavations not backfilled shall be sloped to the water line at a grade of not less than two feet horizontal to one foot vertical and such banks shall be sodded or surfaced with at least six inches of suitable soil and seeded with grass. Spoil banks shall be graded to a level suiting the existing terrain and planted with trees, shrubs, legumes or grasses where re-vegetation is possible. Where flood water exists, spoil banks shall be high enough to prevent overflow of water in the gravel pits and shall be sloped, graded and seeded as prescribed herein.

         F.   Whenever the floor of a quarry is more than five feet below the average grade of the highway, road, street or land adjacent thereto, the property containing such quarry shall be completely enclosed by a barrier consisting of not less than a six-foot mound of earth planted with suitable dense planting or other suitable material sufficient in either case to prevent persons from trespassing thereon or passing through. Such mound shall be located at least twenty-five feet from any street, road, highway or boundary of the quarry property.

         G.   All quarrying, blasting, drilling or mining shall be carried out in a manner and on such scale as to minimize dust, noise and vibrations and to prevent adversely affecting the surrounding properties.

         H.   When any quarrying has been completed, such excavated area shall either be left as a permanent spring-fed lake or the bottom floor thereof shall be leveled to prevent the collection and stagnation of water and to provide proper drainage without excessive soil erosion, and such floor shall be covered with soil of adequate thickness for the growing of turf or other ground cover. The edge of such excavation shall be further protected by construction of a barrier consisting of not less than a six-foot mound of earth planted with a double row of multiflora rose bushes or other equally effective planting.

   (f)   Mobile Home Parks. The purpose of this subsection is to specify the conditions under which mobile home parks may be conditionally permitted in R-4 Districts. Mobile homes, travel trailers, boats and house vehicles shall not be used as living quarters, except that mobile homes may be occupied within a mobile home park.

   Travel trailers may be stored in an enclosed garage or other accessory building or be parked on a side yard or rear yard or in a driveway but not in a front yard.

      (1)   General provisions. No one may apply for a conditional use permit and building permit for a mobile home park without first obtaining a license from the Ohio Department of Health.

         Any mobile home in a mobile home park must be securely affixed to the ground.

         No person shall occupy or sleep in any mobile home unless it meets the requirements of this subsection.

      (2)   Filing procedure. The applicant must file a proposed site development plan with the Code Enforcement Officer. The site development plan shall specify the pertinent information, as required in paragraph (f)(3) hereof and shall contain the following text and map information:

         A.   The proposed location, the size of the area, the total number of mobile home sites provided for in the proposed site development plan, plus a production schedule;

         B.   The proposed size, location and use of nonresidential portions of the tract, including usable open spaces, parklands, playgrounds, school sites and other areas and spaces, with the suggested ownership of such areas and spaces;

         C.   Proposed provisions for fire protection, water, sanitary sewer and surface drainage facilities, including engineering feasibility studies or other evidence of reasonableness;

         D.   The proposed traffic circulation pattern, including public and private streets, parking areas, walks and other accessways, including their relationship to topography and existing streets, or showing other evidence of reasonableness;

         E.   Information relative to the use or re-use of existing features, such as topography, structures, streets and easements;

         F.   Deed restrictions, covenants, easements and encumbrances to be used to control the use, development and maintenance of the land; and

         G.   The names and addresses of the owners of all properties lying within 200 feet of any part of the property to be classified for use as a mobile home park.

      (3)   Specific minimum design standards.

         A.   Minimum site size.

            1.   Every mobile home park shall be placed on not less than fifteen acres of land.

            2.   It shall be a condition precedent to occupying the mobile home park that at least one-third of the mobile home park lots are completed and ready for occupancy, which completion shall include installation of roadways, sidewalks, lighting, public utilities and service and management buildings.

         B.   Minimum lot size, maximum lot coverage and lot frontage.

            1.   Every mobile home hereafter placed in a mobile home park shall be on a lot having not less than 5, 000 square feet, and every mobile home park shall contain a density of not more than five mobile homes per gross acre.

            2.   Each mobile home dwelling, including accessory buildings, garages and porches, shall not cover more than fifty percent of the individual mobile home park lot on which it is situated.

            3.   Every mobile home placed upon a mobile home park lot shall front upon an interior street rather than upon a major highway or thoroughfare.

         C.   Dwelling standard. Every mobile home dwelling hereafter placed upon a mobile home park lot shall have a total ground floor area of not less than 500 square feet, measured from the outside of exterior walls, including utility rooms, but excluding open porches, breezeways and garages.

         D.   Height. No mobile home in a mobile home trailer park shall exceed one story or fifteen feet in height.

         E.   Yard areas. No mobile home shall be placed upon a mobile home lot unless the following yards are provided and maintained in connection with such mobile home dwellings:

            1.   Front yard. Each lot upon which a mobile home dwelling is placed shall have a front yard depth of not less than fifteen feet.

            2.   Side yard. On each lot upon which a mobile home dwelling is placed there shall be a side yard on each side of not less than fifteen feet. The side yard for corner lots shall not be less than twenty feet.

            3.   Rear yard. Every lot upon which a mobile home dwelling is placed shall have a rear yard depth of not less than twenty feet.

         F.   Streets, sidewalks and parking. Every mobile home park shall provide a main entrance driveway not less than thirty-six feet in width. All other streets shall be of a width necessary for the use required, as determined by the Code Enforcement Officer and the Planning Commission. The minimum travel width of any street shall be twenty-four feet. All drives shall be protected at the edges by curbs, gutters or other suitable edging where necessary for the stabilization of the pavement and for adequate drainage. All mobile homes shall abut upon a driveway.

            Every mobile home park shall contain adequate common walks three feet or more in width where pedestrian traffic is concentrated, for the safety and convenience of pedestrians. Driveways not containing walks shall be graded in such a manner that walks may be added later. Individual walks shall be provided to each mobile home stand from the paved driveway or parking space. Specifications of the walks shall be to the standard established by the City Engineer.

         G.   Required utilities.

            1.   A sanitary drinking water system, inspected and approved by the Ohio Department of Health and the Montgomery County Combined General Health District, providing adequate pressure with appropriate water connections for domestic usage, is required.

            2.   For fire protection, sanitary water under adequate pressure in standard fire hydrants, which hydrants shall be located within 400 feet of every individual lot within a mobile home park, is required.

            3.   A sanitary sewage disposal system, inspected and approved by the Ohio Department of Health and the Montgomery County Combined General Health District, with appropriate sewage connections for mobile home usage, is required. Connection between storm water drainage systems and sewage disposal systems shall not be permitted.

            4.   Adequate storm drainage for each lot connected to the main storm water drainage system is required.

            5.   Refuse disposal receptacles or incinerators located within 200 feet of each lot, as approved by the Montgomery County Combined General Health District, are required.

            6.   When liquefied petroleum gas is used, the containers for such gas shall be the liquefied petroleum gas containers approved by the Interstate Commerce Commission for their intended purpose and shall be integrally attached to the mobile home in a manner approved by the Liquefied Petroleum Gas Association or other appropriate authority, including the Ohio Department of Health and the Montgomery County Combined General Health District.

            7.   Fuel oil supply systems shall be installed and maintained in accordance with State and local codes and regulations. All fuel oil storage containers, barrels, tanks or cylinders and piping to the mobile homes shall be securely fastened in place and protected against physical damage.

            8.   Natural gas piping systems shall be installed underground in accordance with applicable codes and regulations and public utility standards. Each mobile home lot provided with piped gas shall have an approved manual shut-off valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use.

         H.   Concrete stand and skirts. Each mobile home shall be parked on and supported by a concrete stand designed to carry the load placed thereon. Skirts shall be provided to screen the space between the mobile home and its concrete stand.

         I.   Communal facilities. In all mobile home parks, the following facilities shall be provided and available to residents:

            1.    Management and maintenance offices, including storage facilities for grounds-keeping equipment;

            2.   Coin-operated laundry and drying facilities in a permanent structure which shall be commonly accessible and provide, in addition, laundry trays and slop sinks; and

            3.   A safe usable recreation area or areas conveniently located in each mobile home park and not be less in area or areas than eight percent of the gross area of the trailer park or five acres, whichever is greater.

         J.   Peripheral buffer. All mobile home trailer park sites shall provide a twenty-foot wide planting strip, planted with mature trees and shrubs that will be mature within a five-year period, to provide a dense screen at all times, which extends the length and depth of the entire park.

      (4)   Conditions for approval. The basis for approval of a conditional use permit for a mobile home park site development plan application shall be that:

         A.   The proposed development is consistent in all respects with the purpose, intent and applicable standards of this Zoning Code.

         B.   The proposed development meets all the minimum requirements specified in paragraph (f)(3) hereof.

         C.   The proposed development is in conformity with the Englewood Comprehensive Land Use Plan or any portion thereof that may apply.

         D.   The proposed development advances the general welfare of the City and the immediate vicinity.

         E.   The design character and improved site arrangement justify the location and size proposed in the development.

         F.   The utilities to serve the proposed development have received Ohio Health Department approval.

            The approval shall be for a period of one year to allow construction to be substantially started in accordance with the site development plan, with evidence that construction will be completed within a reasonable length of time. Unless construction, as described, is initiated within the one-year time limit, the conditional use permit shall be voided and all the land shall revert to the standard R-4 Zoning District, unless an application for a time extension is submitted and approved by the Planning Commission.

            The Commission, upon making an affirmative finding with regard to the above criteria, may authorize the Code Enforcement Officer to issue a conditional use permit to the applicant. The Code Enforcement Officer must subsequently determine that all the required improvements have been installed prior to permitting the mobile home park to be occupied.

   (g)   Restaurants and Lounges. The purpose of this subsection is to provide additional conditions (where applicable) for a permitted use of a restaurant or lounge in a specified district.

      (1)   All signs visible from the exterior of the building shall conform to the number, type and size permitted in Chapter 1280.

      (2)   The Board of Zoning Appeals shall review and approve all exterior business activity.

      (3)   The sale of alcoholic beverages shall be licensed by the State in accordance with Ohio R.C. Title 43. In order to determine if an objection may be made pursuant to Title 43:

         A.   The Board of Zoning Appeals shall review such establishments in relation to their decency, sobriety, safety, place and good order of the neighborhood.

         B.   The Board may investigate the character of the applicant.

      (4)   Establishments including dancing, live entertainment or musical entertainment emceed by a disc jockey shall present a sound control plan to keep discernible noise at property lines or at the nearest place of business below sixty dba.

   (h)   Retail Establishments (Interstate). The purpose of this subsection is to specify the conditions under which retail establishments, providing primarily for interstate travelers, may be conditionally permitted in C-2 Highway Commercial Districts.

      (1)   Such uses shall be situated within 100 feet of an interstate highway.

      (2)   Such uses shall be easily accessible from the interstate highway system.

      (3)   It shall be determined by the Board of Zoning Appeals that the proposed use can provide some beneficial commodity to interstate highway travelers.

   (i)   Regulations and Development Standards for Adult Uses.

      (1)   Purpose and intent. The purpose and intent of this subsection are as follows:

         A.   City Council specifically finds that there exists an urgent need to prevent commercial exposure to minors of sexually provocative written, photographic, printed, sound and published material, or other sexually provocative images or activities, as these are defined in paragraph (i)(3) below, and which are declared to be harmful to minors.

         B.   It is further declared that in the development and execution of this subsection, it is specifically recognized by City Council that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the use and enjoyment of adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding areas. These special regulations are itemized in this subsection.

      (2)   Adult uses conditionally permitted; permit required. "Adult uses" are conditionally permitted exclusively in the I-1 General Industrial District. No person, corporation, partnership or any other entity shall operate any enterprise, business, or any other venture, defined as an adult use in this subsection, without first obtaining a conditional use permit.

      (3)   Definitions.When used in this subsection, the following words, terms, and phrases will be defined as follows:

         A.   Adult use. "Adult use" shall include the following establishments:

            1.    Adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult drive-in theaters, adult cabarets, adult massage parlors, adult health facilities, and rap parlors, all as defined later in this subsection, which have opened after the effective date of this subsection; and

            2.   Existing adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult drive-in theaters, adult cabarets, adult massage parlors, adult health facilities, and rap parlors, all as defined later in this subsection.

         B.   Adult bookstore. "Adult bookstore" means an establishment, building, or portion of a building that excludes minors by virtue of age, and/or has, as a significant portion of its stock in trade, books, magazines, films, and/or other materials that are distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to nudity, "specified sexual activities," or "specified anatomical areas," for sale, rent, or viewing on the premises, or an establishment with any segment or section devoted to the sale or display of such material.

         C.   Adult motion picture theater. "Adult motion picture theater" means an establishment, building, or portion of a building with a capacity of fifty or more persons that is used for presenting material if it excludes minors by virtue of age, and/or if such material is distinguished or characterized by its principal emphasis on matters depicting, describing, or relating to nudity, "specified sexual activities," or "specified anatomical areas."

         D.   Adult mini-motion picture theater. "Adult mini-motion picture theater" means an establishment, building, or portion of a building with a capacity of fewer than fifty persons used for presenting material if it excludes minors by virtue of age, and/or if such material is distinguished or characterized by its principal emphasis on matters depicting, describing or relating to nudity, "specified sexual activities," or "specified anatomical areas. "

         E.   Adult drive-in theater. "Adult drive-in-theater" means an establishment, building, or portion of a building with a screen suitable for viewing movies still pictures, or any other images from a patron's vehicle if it excludes minors by virtue of age, and/or if such material is distinguished or characterized by its principal emphasis on matters depicting, describing, or relating to nudity, "specified sexual activities," or "specified anatomical areas."

         F.   Adult cabaret. "Adult cabaret" means an establishment, building, or portion of a building used for providing any live exhibition, performance, dancing, or other live entertainment, if it excludes minors by virtue of age and/or if such live exhibition, performance, dancing, or other five entertainment is distinguished or characterized by its principal emphasis on matters depicting, describing, or relating to nudity, "specified sexual activities," or "specified anatomical areas."

         G.   Adult massage parlors. "Adult massage parlor" means a massage establishment or parlor that excludes minors by reason of age and/or that provides the service of massage, if such service is distinguished or characterized by its principal emphasis on matters depicting, describing, or relating to nudity, "specified sexual activities," or "specified anatomical areas."

         H.   Adult health facility. "Adult health facility" means a health facility that excludes minors by reason of age, and/or if such health facility is distinguished or characterized by its principal emphasis on matters depicting, describing, or relating to nudity, "specified sexual activities," or "specified anatomical areas."

         I.   Conversation/rap parlor. "Conversation/rap parlor" means an establishment that excludes minors by virtue of age, and/or that provides the service of engaging in or listening to conversation, talk, or discussion if such service is distinguished or characterized by its principal emphasis on matters depicting, describing, or relating to nudity, "specified sexual activities," or "specified anatomical areas."

         J.   Nudity. "Nudity" means the showing of human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering over the top of the areola and below, or the depiction of covered or uncovered male genitals in a turgid state.

         K.   Specified sexual activities. "Specified sexual activities" shall include any of the following:

            1.   Any act of sexual intercourse, actual or simulated, including genital to genital, anal to genital, or oral to genital intercourse, whether between human beings or animals;

            2.   Sadomasochistic abuse, meaning flagellation or torture, actual or simulated, by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of one so clothed;

            3.   Masturbation or lewd exhibition of the genitals;

            4.   Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of a female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification;

            5.   Fondling or other erotic touching of human genitals, pubic region, buttocks, female breast or any other area defined as "specified anatomical areas."

         L.   Specified anatomical areas. "Specified anatomical areas" shall include less than completely and opaquely covered: (i) human genitals; (ii) pubic region or pubic hair; (iii) buttocks; (iv) female breast below a point immediately above the top of the areola; and (v) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

      (4)   Development standards for adult uses. The following development standards will apply to adult uses:

         A.   No adult use shall be located within 600 feet of any residential zoning district or use, church, school (private or public), teaching facility (private or public), library (private or public), park, recreational facility, or playground, where such church, school, teaching facility, library, park, recreational facility, or playground is attended by persons under eighteen years of age, or in an area where large numbers of minors regularly travel or congregate. The 600-foot distance shall be measured from the edge of the subject adult use's property line closest to the nearest residential zoning district or use, church, school, teaching facility, library, park, or playground, or area where large numbers of minors regularly travel or congregate.

         B.   No adult use shall be located within 600 feet of any other adult use or within 600 feet of any establishment selling alcoholic beverages. The distance shall be measured from the edge of the subject adult use's property line closest to the nearest other adult use or establishment selling alcoholic beverages.

         C.   It shall be the duty of the conditional use permit applicant to comply with all building codes, and all zoning, fire, health, property maintenance, and any and all other applicable ordinances of the City.

         D.   No advertisements, displays, or other promotional materials displaying specified sexual activities or specified anatomical areas shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks, walkways, streets, or other public or semipublic areas.

         E.   All building openings, entries, windows, etc., for adult uses shall be located, covered, or screened in such a manner as to prevent a view into the interior from any sidewalk, street, or other public or semipublic area. All new construction for adult uses shall be constructed in a manner so as to minimize any possibility of viewing the interior from public or semipublic areas.

         F.   No loudspeaker or sound equipment shall be used for adult uses that can be heard or discerned by the public or from public or semipublic areas.

         G.   Adult use establishments shall not be permitted to sell beer, wine, liquor, or other spirituous beverages at any time.

         H.   Adult use establishments shall not be open for operation between the hours of 2:00 a.m. and 9:00 a.m.

      (5)   Violations, penalties and savings clause.

         A.   Violation of the provisions of this subsection or failure to comply with its requirements shall constitute a first degree misdemeanor. Any person who violates this subsection or fails to comply with any of its requirements shall, upon conviction, be fined not more than five hundred dollars ($500.00), or shall be imprisoned for not more than six months, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues, after receipt of a violation notice, shall be considered a separate offense.

         B.   In addition to the penalties identified in paragraph (i)(5)A. hereof, the City shall have the right to close the adult use enterprise, business, or any other venture until such time as compliance with the provisions of this subsection are completely secured.

         C.   If any provision of this subsection, or its application to any person or circumstance, is held to be void, voidable, or invalid to any extent, then the remainder of this subsection, or the application of that provision to persons or circumstances other than those as to which it is held void, voidable or invalid, shall not be affected, and each remaining provision of this subsection shall be valid and enforceable to the fullest extent permitted by law. Further, to the extent that any provision of this subsection, or its application to any person or circumstance, is held to be void, voidable, or invalid, such provision shall be reformed by the court of law interpreting such provision to the fullest extent permitted by law.

   (j)   Juvenile and Adult Group Homes.

      (1)   Group homes may be conditionally permitted in specified zones. An application for either a juvenile or an adult group home will be accepted upon submission of the following materials to the Administrative Board for Planning and Zoning Appeals:

         A.   A plot plan, drawn to a scale not smaller than one inch equals fifty feet, showing all existing and proposed structures;

         B.   A parking and access plan;

         C.   Floor plans, to scale, of all existing and proposed structures;

         D.   Elevations of proposed structures, and elevations of existing structures, if any interior alterations are planned;

         E.   A written statement establishing the type of facility, juvenile or adult, and the type of care, counseling or medical treatment needed for residents of the facility;

         F.   An appropriate operator's license from the applicable governmental oversight unit, or a description of what licensing is required. Prior to issuance of a certificate of occupancy, the operator or agency shall provide evidence that a valid license has been, or will be, issued.

         G.   A detailed plan for services and programs, approved in writing by all appropriate social service planning or review bodies, and a list of such bodies;

         H.   A vicinity map showing the location of similar type homes existing in, and within a mile of, the City;

         I.   A license or statement of need for a license from the applicable governmental unit, which may include the County, the State, the Federal government or other political subdivisions. Prior to issuance of a certificate of occupancy, the operator or agency shall provide evidence that a valid license has been, or will be, issued.

         J.   Documentation indicating the supervisory responsibility of the sponsoring agency and the residential home operator(s).

      (2)   The Administrative Board for Planning and Zoning Appeals may grant a conditional use permit for a group home when the following criteria are met

         A.   Structures and property are developed in accordance with applicable zoning standards.

         B .    No exterior alterations of an existing structure will be made which depart from the residential character of the building, and no new structure will be constructed which is incompatible with the residential character of the surrounding neighborhood.

         C.   On-site parking will meet the minimum standard of one space for every three persons, including staff, residing or working in the facility during the largest work shift, or one space for every vehicle operated out of the facility, whichever is greater.

         D.   No on-site parking is located in a required front or side yard.

         E.   All exterior lighting will be suitably directed and shaded to prevent glare upon adjoining residential properties, and all outdoor recreation and parking areas shall be suitably screened from adjoining residential uses.

         F.   The Board is able to reasonably conclude from the evidence presented that a group home will be compatible with the present physical character of the neighborhood and will not adversely disrupt the neighborhood by reason of noise, lights, congestion or traffic generation.

         G.   No on-site parking is located in a required front or side yard.

         H.   All exterior lighting will be suitably directed and shaded to prevent glare upon adjoining residential properties, and all outdoor recreation and parking areas shall be suitably screened from adjoining residential uses.

         I.   All structures used for group home purposes meet or will meet all applicable local, State and Federal building codes and fire safety

standards.

         J.   The agency operating a group home will meet the staffing requirements of the County Board of Mental Retardation and Developmental Disabilities and will have at least one qualified house parent or supervisor on duty whenever the home is occupied by the developmentally disabled.

         K.   The Board is able to reasonably conclude from the evidence presented that a group home will be compatible with the present physical character of the neighborhood and will not adversely disrupt the neighborhood by reason of noise, lights, congestion or traffic generation.

      (3)   The Administrative Board for Planning and Zoning Appeals may issue a temporary conditional use permit for a group home for a period of one year. At the completion of one year of operation, the group home operation shall be reviewed by the Board. The Board may, based upon evidence of operational problems or successes, extend the temporary conditional use, grant a permanent conditional use or deny the continued conditional use.

      (1)   Provide written permission from the property owner;

      (2)   Submit a detailed site plan indicating the location of the donation bin/collection station and construction drawings for anchoring;

      (3)   Be located on a minimum lot size of not less than two acres;

      (4)   No more than one donation bin shall be permitted per parcel;

      (5)   Be located on the exterior of a church, school, non-profit organization, or commercial building, so long as the bin is located in the rear yard with a minimum setback of ten feet from the rear property line and not within an access easement, driveway, parking area, fire lane, or any other area prohibited by the Zoning Code or Building Code of the City of Englewood;

      (6)   Be operated by a duly registered charitable organization and the donation bin shall contain the name, address and phone number of the charitable organization;

      (7)   Not exceed six feet in height, and five feet in width or depth;

      (8)   Be constructed of a durable metal material, painted or protected from the elements to maintain a visually appealing appearance; and

      (9)   Be properly anchored to the ground into a four inch deep concrete slab that is at least the same size as the base of the donation bin or on pillars eight inches in diameter, eighteen inches in depth.

   (1)   Teen Centers. Applications for a conditional use permit to operate a teen center shall include

      (1)   A floor plan, to scale, of the interior of the structure;

      (2)   An access and parking plan, delimiting areas to be patrolled by security personnel;

      (3)   A statement of the maximum number of persons the club will contain at one time;

      (4)   A detailed description of the operating format of the club;

      (5)   A security plan addressing both building and parking areas. At least two security personnel will be expected during business hours: one within the building, and one in the parking area. One additional security person will be expected for each fifty patrons after the first 100. Security personnel will be expected to meet commonly accepted standards for private security firms, and to have no felony convictions.

      (6)   The hours of operation;

      (7)   A sound control plan to keep discernible noise at property lines or at the nearest place of business below sixty dba;

      (8)   A lighting plan;

      (9)   A listing of business owners with a brief background outline about each. The character of applicants and business owners may be investigated to better insure the decency, safety and good order of the proposed establishment, and standards for personnel, akin to the accepted moral standards for public school teachers, may be required.

   (m)   Outdoor Recreational Sales Displays. Retail establishments selling recreational items for residential use, displayed outdoors, shall meet all of the conditions listed under subsection (a) hereof and shall:

      (1)   Limit outdoor displays to recreational structures customarily built in-place and installed outdoors permanently. (Such structures shall not include storage buildings, trailers or facilities providing features similar to housekeeping facilities.)

      (2)   Limit outdoor displays to structures not exceeding fifteen feet in height.

      (3)   Limit outdoor displays to fifty percent of the area of the zoning lot. After subtracting principal building and parking areas, said outdoor display area shall be calculated as the sum of polygon areas formed by imaginary lines around all displays, associated equipment and accessory structures.

      (4)   Erect outdoor displays as the items being sold or displayed would be seen in their permanent environments.

      (5)   Limit outdoor displays of recreational structures to yard setbacks applying to principal structures on the zoning lot, except that if a residential zone does not abut the lot, rear yard setbacks for outdoor displays may be reduced to fifteen feet.

   (n)   Automobile Muffler Repair Business. Automobile muffler repair businesses maybe conditionally permitted in C-3 Districts if applicable conditions are met, including the following:

      (3)    Garage bays are oriented so as to be parallel to abutting roadways. (Garage doors and automobile entrances are not part of the front plane of the building.)

   (o)   Temporary Churches. Temporary churches, not meeting the conditions specified in subsection (a) hereof for permanent churches, may be conditionally permitted in C-3 Districts, provided that:

      (1)   Temporary church uses shall be confined to a period not exceeding twenty-four months and shall be allowed only when applicants are able to satisfy the Planning Commission that another, permanent church is being built.

      (2)   A firm schedule is submitted to and approved by the Planning Commission for meeting times and other activities.

      (3)   Either sufficient parking can be demonstrated to be available, at a ratio of one space for every 3.5 seats, or an agreement with an abutting property owner providing for required parking during meeting times can be evidenced.

   (p)   Personal Wireless Service Facilities. To receive conditional use approval for personal wireless service facilities, the Planning Commission shall find that the proposed development meets the following standards:

      (1)   Such structures, if free-standing and not solely for use by occupants of the zoning lot where they are located, must be of monopole construction, with a smooth and uniform exterior, without supporting guy wires or supporting ancillary apparatus. Mounts, antennas and associated equipment buildings shall be painted a uniform color, approved by the Planning Commission. Mounts and antennas shall not display a bright and flashing beacon during evening hours. Associated equipment buildings shall have facades constructed of brick or acceptable masonry materials.

      (2)   Personal wireless service facilities shall be limited to one per zoning lot, and associated, unoccupied equipment buildings shall be limited in height to fifteen feet and to one such building per service provider co-locating antennas on such facility. Such personal wireless service facilities shall be located at least one-half mile away from any other commercial, personal wireless service facilities in the City.

      (3)   When a principal use on a given zoning lot, such zoning lot shall be at least one-half acre in size, with a minimum front yard setback of 100 feet and all other property line setbacks of at least fifty feet. A plan of landscaping shall be included with the application for approval.

      (4)   When an accessory use, notwithstanding other standards that might also apply, such personal wireless service facilities shall meet applicable yard and setback regulations for accessory structures in the zone in which they are located, but in no case shall such facilities be closer than six feet from any property line. When allowed as an accessory use, personal wireless service facilities will not be counted against the limiting number of other accessory structures which are permitted on a given piece of property.

      (5)   Setback requirements shall be in one of two categories:

         A.   If located within 650 feet of an interstate highway, personal wireless service facilities may be located in side or rear yards, outside existing easement areas, at least six feet from the nearest property line, but irrespective of otherwise applicable yard offset requirements, provided that the distance of such facilities from the nearest non-interstate roadway shall be equal to at least the height of the mount and antennas in combination, and the distance of such personal wireless service facilities from the nearest existing or potential dwelling unit, by reference to existing lots of record or proposed plats, shall be equal to at least the height of the mount and antennas in combination.

         B.   If not located within 650 feet of an interstate highway, or if unable to comply with the standards specified by paragraph (p)(5)A. hereof, personal wireless service facilities shall have no parts or associated apparatus closer to a Residential Zoning District than 100 feet.

      (6)   Personal wireless service facilities shall conform to applicable FCC and FAA regulations and, as well, shall conform to building, electrical and other applicable codes. Application to install such facilities in the City shall be in an approved format, and such application may require that the applicant show evidence of compliance with standards referenced herein.

      (7)   Such communication mounts as are approved and built shall be capable of structurally supporting the antennas of the applicant, as well as two other service providers. The applicant shall agree to permit use of the personal wireless service facilities mount by other communication service providers on reasonable terms.

      (8)   Unless parking space is available within fifty feet on the same zoning lot where personal wireless service facilities are located, such facilities shall have a paved access drive leading thereto, with a paved parking area sufficient for at least one service vehicle.

      (9)   Setback requirements specified above may be waived by the Planning Commission, in whole or in part, for those personal wireless service facilities that utilize existing conforming structures as their base or that have their appearance disguised in an approved manner.

      (10)   The owner(s) of personal wireless service facilities shall, upon request of the City Manager, file a declaration with the office of the City Manager as to the continuing operation of every facility installed subject to these standards and provisions and shall remove an obsolete facility within twelve months of ceasing its use.

      (11)   Permits for personal wireless service facilities shall automatically expire if a report is not filed with the office of the City Manager within ninety days of being requested by a duly authorized representative of the City, said report attesting to the structural integrity of said facilities. Such reports may be required as often as every ten years or upon suspicion of structural damage by some exogenous physical force.

      (12)   There shall be no advertising, emblems, markings or other indications of company or organization affiliation or announcement, whether related to service providers using the mount and/or antennas or related to other interests of any kind. The exception, which can only be allowed by the Planning Commission, is advertising that would otherwise be approved for a principal use situated on the underlying zoning lot.

      (1)   For the purposes of this section, a “mobile food vendor” shall be defined as any person who sells, offers for sale, or distributes free of charge, prepared food or beverages to the public from any unit (vehicle, trailer, cart, wagon, or similar use) which is designed to be readily moveable. A unit shall not include tents or similar portable structures. The food may be cooked, wrapped, packaged, processed and/or portioned for service, sale, or distribution in the mobile food vendor unit.

      (2)   Mobile food vendors are intended to provide temporary sales of food products and not to maintain a fixed location. Trucks and trailers shall not remain on the same zoning lot for a period of more than 72 hours unless stored in compliance with Section 1266.03(b) of the Englewood Codified Ordinances or without approval from the Planning Commission.

      (3)   Mobile food vendors must be located entirely on private property, setback a minimum of ten (10) feet from the public right-of-way and a fifty foot radius from any intersection or corner to assure a sufficient sight distance triangle. The selling of food items within the public right-of-way or conducting vending operations to the occupants of vehicles stopped in traffic is prohibited;

         (4)   Mobile food vendors are limited to zoning lots with sufficient parking to accommodate the additional business activity without impacting the required parking spaces for the existing business and maintaining a safe on site traffic circulation pattern;

      (5)   Mobile food vending vehicles shall be no higher than 12 feet and no longer than 26 feet;

      (6)   Outside storage shall be limited to 10 square feet in area and five feet in height and approved by Planning Commission;

      (7)   Menu items shall comply with all requirements of applicable state and local law, including, without limitation, the City's Fire Prevention Code, the State of Ohio Fire Code, and the Montgomery County Health Department;

      (8)   Customer service must be oriented to drive-up, vehicular traffic. On-site consumption can be provided if such area does not impact on-site traffic circulation patterns as determined by city's traffic engineer;

      (9)   Vending operations and food offerings must be approved by the Montgomery County Health Department, and applicable permits shall be kept current;

      (10)   A mobile food vendor shall obtain, in writing, the permission of the property owner to operate on the property and shall provide a copy to the Planning Commission;

      (11)   Trash receptacles shall be provided for customers to dispose of food wrappers, food utensils, paper products, cans, bottles, food, and other such waste;

      (12)   Signage shall be limited to one per side on which the sign is displayed, and sign display area shall be limited to one square foot for each foot of wall width on which the sign will be mounted, signage shall not be extended above the roof line of the vehicle;

      (13)   Conditional approval of such a mobile food vendor shall occur only after payment of the fee for conditional use permit, submittal of a site plan, to scale, showing a plan view of proposed operations vis-a-vis the entirety of the zoning lot; and elevations of the building, including depiction or description of signage and the color scheme.

      (1)   The minimum site size shall be two (2) acres, if outdoor display is utilized.

      (2)   All vehicles displayed for sale shall be parked on asphalt or concrete and set back a minimum of 10 feet from the public right-of-way.

      (3)   All parking areas and access drives shall be hard surfaced asphalt or concrete.

      (4)   All exterior lighting shall be directed to avoid a negative impact to surrounding properties.

      (5)   Parking/display areas shall be located no closer than fifty (50) feet from any residential district.

(Ord. 79-56. Passed 11-13-79; Ord. 80-51. Passed 10-14-80; Ord. 81-05. Passed 2-10-81; Ord. 81-42. Passed 11-10-81; Ord. 82-9. Passed 3-9-82; Ord. 83-19. Passed 6-14-83; Ord. 85-32. Passed 5-14-85; Ord. 85-44. Passed 8-13-85; Ord. 85-49. Passed 10-22-85; Ord. 89-1. Passed 1-10-89; Ord. 89-22. Passed 5-23-89; Ord. 90-15. Passed 5-8-90; Ord. 91-3. Passed 2-12-91; Ord. 92-5. Passed 1-14-92; Ord. 95-10. Passed 8-22-95; Ord. 96-1. Passed 2-13-96; Ord. 96-14. Passed 4-23-96; Ord. 97-5. Passed 3-11-97; Ord. 99-9. Passed 6-22-99; Ord. 00-17. Passed 9-26-00; Ord. 02-7. Passed 5-14-02; Ord. 06-17. Passed 12-12-06; Ord. 12-6. Passed 8-28-12; Ord. 14-12. Passed 12-9-14.)

   (a)   Height Limits. Height limitations specified elsewhere in this Zoning Code shall not apply to:

      (1)   Church spires, belfries, cupolas, domes, monuments, water towers, masts, aerials and parapet walls extending not more than four feet above the limiting height of the building;

      (2)   Places of public assembly in churches, schools and other permitted public and semipublic buildings, provided that they are located on the first floor of such buildings. It may be provided that for each three feet by which the height of such a building exceeds the maximum height otherwise permitted in the district, its side and rear yard shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.

      (3)   Bulkheads, elevator penthouses, water tanks, monitors, scenery lofts, towers and monuments, provided that no linear dimensions of any such structure exceed fifty percent of the corresponding street lot line frontage; and fire towers, hose towers, cooling towers, gas holders or other structures where the manufacturing process requires a greater height, provided, however, that no such structure above the heights otherwise permitted in the district shall occupy more than twenty-five percent of the area of the lot or be closer than twenty-five feet in all parts from every lot line.

(Ord. 79-56. Passed 11-13-79.)

      (4)   Personal wireless service facilities less than 250 feet high, located on nonresidentially utilized zoning lots in C-2, C-4, E-1, I-1 or S-FP Zoning Districts, provided that such structures are approved as conditionally permitted uses by the Planning Commission.

(Ord. 00-17. Passed 9-26-00.)

      (5)   Ground-mounted personal wireless service facilities less than eighty feet high, utilized solely by occupants of the zoning lot, where such facilities are associated with a legally established residential or business use on the premises, provided that such personal wireless service facilities are limited in number to one; are located outside easement areas and only within rear yards; conform to applicable building codes and FCC and FAA regulations; are no closer to a residential property line than one-half the highest point above grade of the mast and antenna in combination; and do not have guy wires, ancillary supporting structures or other structures closer than six feet to a property line or located within an easement area. Such structures will be treated as an accessory use of a given piece of property, but will not be counted against the limiting number of accessory structures on a given piece of property.

      (6)   Public utility distribution systems.

      (7)   Local, State or Federal government communication facilities.

(Ord. 97-5. Passed 3-11-97.)

   (b)   Yard Exceptions and Modifications.

      (1)   In any "R" District, where the average depth of at least two existing front yards on lots within 100 feet of the lot in question and within the same block front is less or greater than the least front yard depth of the front yard, such lot shall be modified. In such case, this shall not be less than the average depth of existing front yards of the two lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining, provided, however, that the depth of a front yard on any lot shall be at least ten feet, including all projections, and shall not be required to be more than fifty feet.

      (2)   All lots in "R" Districts fronting on major thoroughfares shall have a front yard depth of not less than thirty-five feet measured from the street right-of-way line.

      (3)   Any zoning in a C-3 District contiguous to six or more lots in any "R," "S-PUD" or "A-1" District shall have a side or rear yard depth of not less than seventy-five feet.

      (4)   All zoning districts which permit the construction or addition of a single-family, multifamily or mobile home dwelling shall, pursuant to the procedures specified in Chapter 1226, allow for lot size and front footage requirement reductions of up to ten and five percent, respectively.

      (5)   In any R-5 District where the Planning Commission has granted a variance to permit more than one building per zoning lot, the yard requirements for that district shall apply for separation of buildings to ensure the health, safety and general welfare of the residents.

   (c)   Side Yard Exceptions or Modifications. Side yard widths may be varied where the side wall of a building is not parallel with the side lot lines or is broken or otherwise irregular. In such case, the average width of the side yard shall not be less than the otherwise required least width, provided, however, that such side yard shall not be narrower at any point than one-half the otherwise required least width or narrower than six feet in any case.

   (d)   Projections Into Required Yards. Architectural features may project into required yards or into courts as follows:

      (1)   Into any required yard:

         A.   Cornices, canopies, eaves or other architectural features may project a distance not to exceed four feet.

         B.   Fire escapes may project a distance not to exceed four feet, six inches.

         C.   An open stair and necessary landing may project a distance not to exceed six feet.

(Ord. 79-56. Passed 11-13-79.)

         D.   A porch may project into a front yard a distance not to exceed eight feet and into a rear yard a distance not to exceed twelve feet, provided it is open on three sides, except for railing, banisters or screening.

(Ord. 86-16. Passed 10-28-86; Ord. 92-37. Passed 11-24-92.)

         E.   Bay windows, balconies or chimneys may project into a yard a distance not to exceed three feet, provided, however, that the aggregate width of such projection shall not exceed one-third of the length of the wall upon which the projection is located.

(Ord. 79-56. Passed 11-13-79.)

         F.   Patios may project into rear yards, provided they are not closer than six feet to any adjacent property line. If located closer than eight feet, they shall be screened by an evergreen hedge or fence not less than four feet in height and maintained in good condition.

(Ord. 86-16. Passed 10-28-86.)

      (2)   Subject to the limitation in Section 1266.02(d)(1), the features named therein may project into any required rear yards or into any required outer court the same distance they are permitted to project into the front yard.

   (e)   Corner Lots.

      (1)   In all corner lots, the yard area along all street frontages shall be considered to be front yard and the minimum front yard setback for that particular zoning district shall apply. In all corner lots, the yard area between any part of the rear of the main building and the lot line to the rear of the main building shall be considered to be the rear yard and the minimum rear yard requirements for that particular zoning district shall apply.

      In all corner lots, any yard area not covered by the above will be considered to be side yard and the minimum side yard requirements for that particular zoning district shall apply, except that Section 1266.02(c) does not apply to such yard requirements. For the purpose of this definition, the rear of a main building shall be considered that part of a building where the principal rear entrance is located, or if there is not a principal rear entrance, that part of a building opposite to the front of the building where the front entrance is located.

      (2)   On any corner lot in an "R" District, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along such street lines fifty feet from the point of the intersection.

(Ord. 79-56. Passed 11-13-79.)

      (3)   Principal structures on corner lots shall be oriented so that the front of the structure faces the abutting street offering the least frontage to said lot.

      (4)   The plane representing the front wall(s) of a principal structure on a corner lot shall be parallel with the abutting street right-of-way, to within fifteen degrees.

(Ord. 99-5. Passed 5-11-99.)

   (f)   Double Frontage Lots. Buildings on lots having frontage on two nonintersecting streets need not have a rear yard if an equivalent open space is provided on the lot in lieu of such required rear yard. Applicable front yards must be provided, however, on both streets.

(Ord. 79-56. Passed 11-13-79.)

   (g)   Antennas and Similar Energy Transmitting/Receiving Structures.

      (1)   No person, partnership, corporation or other legal entity shall, without proper permit, establish a dish-type receiving or transmitting antenna, solar collector, windmill or other collection structure.

      (2)   The following regulations shall apply to antenna dishes, solar collecting devices, windmills and similar devices:

         A.   If such structures are attached to a building, their height shall be limited to not more than three feet above the highest point of the roof of the building to which they are mounted.

         B.   Roof-mounted, dish-type antennas shall not have a diameter of more than six feet.

         C.   These devices, when roof or ground-mounted, shall be capable of withstanding wind forces of eighty-five miles per hour without the use of supporting guy wires.

         D.   Such devices may be roof-mounted, but shall not be mounted to appurtenances such as chimneys, towers or spires. This paragraph shall not apply to parabolic-type antennas for FCC-licensed radio use if such antennas are thirty inches or less in diameter and meet applicable Build ing Code requirements.

         E.   If roof-mounting is utilized, roof-load capability must be certified by a professional engineer or registered architect.

         F.   Ground-mounted devices shall be on the same zoning lot as the signal processor(s) being fed.

         G.   Ground-mounted devices shall not exceed a height of fifteen feet.

         H.   Connecting power cables, supporting hardware and construction standards shall meet applicable Building and Electrical Code requirements.

         I.   Such devices shall not be located in front or side yards, in easement areas or within six feet of the property lines defining a zoning lot.

(Ord. 85-31. Passed 5-14-85.)

   (h)   Paving of Zoning Lots.

      (1)   No person, partnership, corporation or other legal entity shall, without a proper permit from the City, either construct or expand a parking area or otherwise create a greater surface area impervious to precipitation run-off on a zoning lot not zoned or used for residential purposes.

      (2)   Every permit for paving a nonresidentially utilized lot shall be issued only after approval by the City Engineer of a storm water run-off plan for such paved area.

      (3)   Every residentially zoned and/or residentially utilized zoning lot shall be restricted to the following yard paving requirements:

         A.   Residential properties with more than one principal structure on a zoning lot shall ' have the paving plan approved by the Administrative Board for Planning and Zoning Appeals at the same time as overall site development approval is sought. In the absence of specific Board approval, paving will be allowed only for parking meeting the requirements of the Zoning Code and for areas meeting the paving requirements for residential properties with only one principal structure.

         B.   A permit from the City will be required for paving specified by Chapter 1445 of these Codified Ordinances, or for the creation of any impervious yard surface in excess of 300 square feet in area.

         C.   The closest edge of a driveway to a property line shall be at least five feet from side and rear property lines and ten feet from a front property line, except where the driveway enters and/or exits the property at approximately a ninety-degree angle.

         D.   Every residential zoning lot is allowed a driveway leading to either a garage or a carport. Such driveway may be twelve feet in width for each garage/carport parking bay being served, up to a driveway width of twenty-four. feet.

         E.   Every single-family zoning lot is allowed, in addition to the driveway area specified in paragraph (h)(3)D. hereof, a separate paved area, up to ten feet in width, for the storage or transport of recreational vehicles, trailers and the like. This separate paved area is permissible only where the resulting property line offsets of paved areas and paved storage areas meet the requirements of the Zoning Code.

         F.   Every single-family zoning lot is allowed to have paved either one-third of the yard area between the facing wall of the principal building on the site and the public right of way or the area specified by paragraphs (h)(3)D. and E. hereof, whichever is larger.

         G.   Residential zoning lots are allowed to pave up to one-third of required rear yards, provided that such paving is kept at least six feet removed from a perimeter property line.

         H.   Residential zoning lots are prohibited from paving required side yards, except for driveways meeting the standard established in paragraph (h)(3)C. hereof.

(Ord. 87-30. Passed 10-27-87.)

   (a)   Home Occupations.

      (1)   There are permitted in any dwelling in any "R" or "S-PUD" Zoning District home occupations of a type frequently found in such residential dwellings. Permitted home occupations include the following:

         A.   Handcraft, dressmaking, millinery, tailoring, laundering, preserving and home cooking, provided that such occupations are conducted solely by resident occupants in their residence;

         B.   An office for a minister, rabbi, priest or other clergyman;

         C.   Rooming or boarding facilities let to not more than two persons by a resident family living in a single-family dwelling;

         D.   A studio for an artist, sculptor or author;

         E.   Real estate or insurance sales, provided that no nonresident employees work on the premises; and

         F.   Music teaching or other type of instruction (except nursery schools), provided that such teaching or instruction is limited to one pupil at a time.

      (2)   In no event, however, shall a home occupation be interpreted to include an animal hospital, barber shop, beauty parlor, business school, clinic or hospital, dancing school, doctor or dentist office, lawyer's office, mortuary, music school, private club, trailer rental, repair shop or service establishment, restaurant, kennel or tourist home.

      (3)   In addition to all of the standards applicable to the district in which it is located, all home occupations shall comply with the following requirements:

         A.   No person other than members of the immediate family occupying such dwelling shall be employed in connection with the home occupation.

         B.   No alteration of the principal building shall be made which changes the character thereof as a dwelling.

         C.   No home occupation shall occupy more than twenty-five percent of any one floor in the dwelling unit in which it is located.

         D.   No mechanical or electrical equipment may be used, except such type as is customary for purely domestic or hobby purposes.

         E.   No home occupation shall be operated in such a manner as to cause offensive noise, vibration, smoke or other particulate matter, odorous matter, heat, humidity, glare, electronic interference or otherwise constitute a nuisance or safety hazard to the occupants of nearby properties.

         F.   No wholesale, jobbing or retailing business shall be permitted, unless it is conducted entirely by mail and/or telephone and does not involve the receipt, sale, shipment, delivery or storage of merchandise on or from the premises, provided, however, that articles produced by members of the immediate family residing on the premises may be sold upon the premises.

         G.   No outdoor storage shall be permitted.

         H.   No home occupation shall be conducted in any accessory building.

         I.   No sign shall be displayed other than a single, unlighted sign with a maximum surface area of one square foot, sufficient to display the name of the person and the type of home occupation.

         A.   No recreational vehicle shall be parked or stored in any front yard, nor parked nor stored closer to an abutting street than the plane of the wall of the principal structure facing the same abutting street in any zoning district unless specifically allowed by other provisions of this Zoning Code. Recreational vehicles may be parked in the side or rear yard, provided that the RV is stored on a paved surface no closer than five feet from the side property line and no closer than ten feet from the rear property line.

         B.   Recreational vehicles may be parked anywhere on a paved surface on residential premises for a period not to exceed forty-eight hours during loading and unloading, provided there are at least twelve hours between such events.

         C.   No recreational vehicles shall be used for living, sleeping or housekeeping purposes when parked or stored on any zoning lot in the City.

         D.   Recreational vehicles may be exempted from storage regulations above, except for required parking/storage on a paved surface, if used for everyday transportation and if no more than 20 feet long, eight feet tall, and equipped with no more than two axles and six wheels.

         E.   Recreational vehicles allowed to be stored on private property, apart from commercial areas designated by zoning regulations as appropriate for general RV storage, shall be limited to those associated with a principal structure on the same zoning lot, shall bear current licensure, shall be in the same ownership as one or more owners or permanent residents of the zoning lot, and shall be limited in number to two.

         F.   A recreational vehicle allowed to be stored on private property, shall be stored on a paved surface, the area of which shall be a rectangle extending at least one foot beyond the ground area eclipsed by the RV parked above. Transport to and from such paved surface shall not create rutted or unsightly lawn and landscaped areas.

          A.   The repairing, rebuilding or dismantling of a vehicle or trailer in an open yard in an “R,” “O” or “S-PUD” District is prohibited.

         B.   In an “R,” “O” or “S-PUD” zoning district, the overnight parking or storage, outside a fully enclosed structure, of any major commercial vehicle or major commercial trailer is prohibited.

         C.   The off-street parking, storage or sale of a vehicle, trailer or similar device in an unpaved area of a front yard or required side yard is prohibited in all zoning districts. In zones other than “R,” “O” or “S-PUD,” temporary parking and storage of commercial vehicles or trailers may be permitted, provided that the area used is paved, is not in a required front yard, such temporary periods do not exceed two months in a twelve month period and provided the vehicles or trailers are necessary to the use conducted on the zoning lot.

         D.   Vehicles which are to be displayed for sale must conform to all provisions of subsection (b) hereof, and must have been registered for not less than ninety days to a resident of the property on which the vehicle is to be displayed.

         E.   Utility trailers shall not be stored or parked in a front yard in an “R,” “O” or “S-PUD” District. Utility trailers may be parked in the side or rear yard, provided that the utility trailer is stored on a paved surface no closer than five feet from the side property line and no closer than ten feet from the rear property line.

         F.   Portable or temporary storage containers, (POD's) and dumpsters may be stored on a paved surface within an "R," "O," or "S-PUD" District, for loading and unloading purposes only, for a period of time not exceeding ten calendar days.

   (c)   Fences. Walls and Hedges,. Notwithstanding other provisions of this Zoning Code, fences, walls and hedges are permitted in required yards under the following conditions:

      (1)   Comer lot. On a corner lot in all Residential Districts, no fence, wall, hedge or other planting shall exceed a height of two and one-half feet above the centerline grades of intersecting streets nor shall they be erected, placed or maintained within the triangular area formed by the right-of-way lines at such comer lots and a straight line joining such right-of-way line at points which are fifty feet distant from the intersection of the right-of-way line and measured along such right-of-way lines. (See Appendix "B," Figure No. 1.)

      (2)   Front yards. Except as limited by in Section 1266.03(c)(1), fences, walls and hedges shall be permitted in required front yards, provided that:

         A.   Such fence, wall or hedge does not exceed a height of three feet when constructed on other than a comer lot.

         B.   On comer lots, such fence, wall or hedge does not exceed a height of three feet when constructed between an abutting right-of-way and the front wall of a principal structure.

         C.   On comer lots, when constructed behind the front wall of a principal structure, such fence, wall or hedge does not exceed a height of three feet if between a distance of one and five feet from a public right-of-way, does not exceed a height of four feet if between a distance of five and ten feet from a public right-of-way, does not exceed a height of five feet if between a distance of ten and fifteen feet from a public right-of-way, and does not exceed a height of six feet if at a distance of fifteen feet or more from a public right-of-way.

         D.   No such fence shall be composed of chain-link, wire or other wire-type materials.

         E.   All fences, walls and hedges adjacent to any public sidewalk shall be set back at least one foot from the sidewalk.

         F.   The total length of such fence, wall or hedge in a required front yard shall not exceed 50% of the lot frontage.

         G.   No fence, wall or hedge shall be permitted to interfere with visibility along a driveway.

         H.   Fences shall be constructed only of materials manufactured and customarily used for permanent fencing.

      (3)   Side and rear yards. Within a side or rear yard, no fence, wall or hedge shall be permitted to exceed a height of six feet.

      (4)   Barbed wire, electric and agricultural fences. The use of barbed wire, electrically charged or agricultural fences are prohibited in all Residential Districts.

   (d)   Required Screening and Landscaping.

      (1)   In general. Certain activities shall be screened by fences, walls or landscaping so that these activities will not be detrimental to adjacent land uses. All required screening and landscaping shall be in accordance with an approved landscape plan. In addition, all new development and construction shall comply with Chapter 1224.

      (2)   Screening. Required screening shall be provided in accordance with the following standards:

         B.   It shall be at least six feet in height and be composed of wood, masonry or plant materials.

         C.   The design and development of all required screening shall be compatible with the existing and proposed land use and the development character of the surrounding land and structures.

         D.   Screening shall be required wherever any nonresidential use abuts a Residential District and such screening shall be provided along mutual property lines.

         E.   The screening plan shall be subject to the approval of the Code Enforcement Officer.

      (3)   Landscaping.Landscaping shall require the placement of materials such as grass, flowers, shrubs, hedges, trees or other acceptable ground cover within designated areas, as identified in the district regulations.

         A.   The landscape plan shall include:

            1.   A diagram showing locations and types of plant material proposed to meet screening and other Zoning Code requirements; and

            2.   For zoning lots over 40,000 square feet, a plan for the planting of trees (meeting the tree standards specified in Chapter 1224) in a quantity equal to at least one tree for each 35 feet of lot perimeter.

         B.   The landscape plan shall be subject to the approval of the Code Enforcement Officer.

      (4)   "R." "S-PUD" or "A" District adjacent screening. The following list of activities, if developed adjacent to land in an "R," "S-PUD" or "A" District, shall be screened as prescribed in divisions (d)(1) and (d)(2) of this section:

         A.   Commercial uses in the C-1 Neighborhood Shopping District;

         B.   Commercial uses in the C-2 Highway Commercial District;

         C.   Commercial uses in the C-3 Community Commercial District; and

         D.   Commercial uses in the C-4 Office and Industrial Sales - Service Park District.

      (5)   Additional screening. The following list of activities, in addition to being screened as prescribed in paragraph (d)(1) hereof, shall be screened so that the activity is not visible from a public street or adjacent property of the lot on which the activity is located:

         A.   Articles or materials being stored, maintained, repaired, processed, erected, fabricated, dismantled, salvaged or otherwise not being offered for retail sale in a completed, usable and normal condition; and

         B.   Industrial uses in the I-1 General Industrial District.

      (6)   Required trash areas. All commercial, industrial and multifamily residential uses shall provide enclosed trash and/or garbage collection areas consisting of a solid wall or fence six feet in height and enclosed on at least three sides. provision for adequate vehicular access to and from such areas for collection of trash and garbage shall be required.

   (e)   Conversion of Dwellings. The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within the district in which a new building for similar occupancy would be permitted under this Zoning Code, only after obtaining a zoning certificate and otherwise complying with this Code and only when the resulting occupancy will comply with the requirements governing new residential construction in such district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open spaces and off street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter within this Zoning Code applying to such district.

   (f)   Accessory Uses in Residential and Nonresidential Zoning Districts.

      (1)   Accessory buildings and structures are allowed in Residential Districts and nonresidential districts, provided that no accessory building may be erected or used as a stable, or primarily for the keeping of animals, birds or insects.

      (2)   (EDITOR'S NOTE: Paragraph (f)(2) was repealed by Ordinance 96-7, passed March 27, 1996.)

      (3)   Detached accessory structures in either nonresidential zoning districts or on zoning lots utilized for nonresidential purposes shall:

         A.   Be limited to locations in rear yards;

         B.   Be limited in size to 240 square feet, plus 240 square feet per vehicle garage door section, to a maximum area the smaller of 2400 square feet or fifty percent of the size of the principal building on the zoning lot.

         C.   If not used for vehicular storage, be limited in size to 149 square feet, unless associated with an allowed light industrial use, in which case size shall be limited to 249 square feet;

         D.   Be located outside easement areas, at least six feet from any nonresidential zoning district lot line and at least ten feet from any residentially zoned property; and E. Be limited in height to fifteen feet.

      (4)   Detached accessary structures in residential zoning districts, unless modified by city-approved S-PUD plans, shall:

         A.   If over 150 square feet in size, be at least six feet from lot lines and limited to locations in rear yards and outside easement areas;

         B.   If 150 square feet or less in size, and ten feet in eight or less, be at least three feet from lot lines, and limited to locations in rear yards and outside easement areas;

         C.   Be limited in height to fifteen feet and to locations at least ten feet from principal structures;

         D.   If declared to be a workshop, be limited in size to 320 square feet, with no opening in the structural wall framing larger than eighty inches; and

         E.   If other than a workshop, be limited in size to 240 square feet, plus 240 square feet per vehicle garage door section, to a maximum area of 720 square feet.

      (5)   The number of detached accessory buildings on any zoning lot shall be limited to two, and one of these buildings shall be limited to no more than 149 square feet.

      (6)   Detached accessory buildings with garage doors shall be served by paved driveways, and will be permitted only if the principal structure on the zoning lot has a minimum side yard width of fifteen feet through which said driveway can pass and remain five feet removed from a side property line.

   (g)   Temporary Businesses and Seasonal Temporary Sales.

      (1)   A temporary business may be permitted, without Planning Commission approval, within a district in which a new building for a similar occupancy would be permitted under this Zoning Code, only after obtaining a zoning permit and temporary structure or sale permit and otherwise complying with this Zoning Code. A temporary and revocable certificate for such use shall be granted for a period of not more than fourteen consecutive days within any twelve month period, subject to the following conditions:

         A.   The temporary business will not adversely affect the public health, safety, convenience and general welfare.

         B.   To ensure intersection visibility on corner lots, a temporary business activity shall not be permitted within a fifty foot radius of the corner.

         C.   The temporary business must comply with all applicable zoning setback and parking regulations.

         D.   All activity must be conducted within a completely enclosed structure, or defined area that is safely identified to limit vehicular or pedestrian hazards; sales cannot be made from a vehicle.

         E.   Written approval from the property owner must be provided to the City prior to issuance of a zoning permit.

         F.   Signage shall be limited to one sign not exceeding sixteen square feet and located within the defined sales area.

         G.   A site plan detailing the location of the temporary business area, sign location, setbacks and parking area must be submitted with the application.

      (2)   Seasonal temporary sales of garden supplies, plants, trees and similar items, may be permitted in C-1, C-3 and C-4 districts, subject to the following conditions:

         A.   Such sales are for seasonal, non-manufactured items, typically sold out-of-doors, and the sales period is limited to sixty days, with no more than two permits issued within any twelve month period.

         B.   A zoning permit is obtained from the City.

         C.   The use is not determined to be noisome or potentially noisome;

         D.   Adequate public safeguards, such as sufficient parking, setbacks, circulation patterns and the like, are determined to exist.

         E.   Locations must be on zoning lots that include parking lots designed to accommodate 100 or more cars.

         F.   Ten percent of the parking area may be used, up to a maximum of twenty spaces, for the seasonal temporary sales area.

         G.   All items to be sold must be located within a completely enclosed structure, or defined area that is safely identified to limit vehicular or pedestrian hazards.

         H.   Items sold must be associated with and incidental to an existing business located on the same zoning lot.

         I.   A site plan detailing the location of the seasonal temporary sale area, sign location, setbacks, parking area and any other information the City determines to be necessary must be submitted with the application.

         J.   In the event conditions A. through I., listed above, cannot be satisfied, an application can be made to the Planning Commission following the procedures of a conditional use permit.

         A.   “Swimming pool” shall be defined as any structure, intended for swimming, recreational bathing or wading, which is capable of containing water over 24 inches deep, whether in-ground, on-ground or above-ground.

         B.   No person shall locate, construct or install a swimming pool or make any alteration thereto without first submitting an application and plans to and obtaining the required permits from the City.

         C.   Overhead conductor clearances. A minimum horizontal clearance of ten feet shall be maintained to any overhead electric conductor.

         D.   Underground conductors clearances. No underground wiring shall be located within five feet of the outside walls of a pool.

         E.   No person shall use, operate, repair or maintain a swimming pool in violation of any of the provisions of this Code.

         F.   Swimming pools shall not be used until pool construction has been approved by the City.

         G.   Swimming pools on residential property shall be considered an accessory use.

         H.   All swimming pools must be equipped with a functioning filtration system.

         I.   Where an existing pool is located at a vacant property, the pool shall be drained and properly covered.

            1.   The swimming pool must be located in a rear yard, outside any recorded utility easement and not closer than ten feet to any permanent structure, or not closer than five feet to any side or rear property line.

            2.   Pumps and/or filter systems shall be located a minimum of ten feet from any property line and five feet from the building foundation line.

            3.   Lights, diving boards, slides or other accessories shall not project more than ten feet above the average grade of the pool site.

         A.   Barrier required. Every person owning land on which there is situated a swimming pool shall erect and maintain an adequate enclosure which surrounds either the property or the pool area. All pools shall be surrounded by a barrier that complies with the following:

         B.   The top of the barrier shall be not less than 48 inches or greater than 72 inches above grade.

         C.   The distance from the ground to the bottom of the barrier may not exceed two inches.

         D.   When the barrier is located over a hard surface, such as concrete or mounted to the top rail of an on-ground pool, the distance from the bottom of the barrier to the hard surface may not exceed four inches.

         E.   Openings in the barrier shall not exceed four inches.

         F.   If the barrier has a solid surface, such as a privacy fence, the fence must be constructed with the structural framing members, horizontal and vertical, on the side facing the interior of the property.

         G.   If the barrier is chain link fence, opening shall not exceed 1.75 inches.

         H.   Within the rear yard and where applicable, there must be a clear zone of not less than 36 inches on the exterior side of the barrier.

         I.   Access gates shall be equipped to accommodate a locking device and open outward, away from the swimming pool.

         J.   An on-ground or above-ground swimming pool wall may serve as the barrier where the swimming pool structure is on grade and the entire wall is at least 48 inches above grade, provided that the access ladder or steps shall be capable of being secured, locked or removed to prevent access to the pool.

         K.   Spas and hot tubs must comply with the barrier requirements as outlined in this section or have a locking cover that limits access.

         A.   “Storable swimming pool” shall be defined as any swimming pool that is constructed on or above the ground and capable of holding water from a depth of 24 inches to 42 inches, or a pool with nonmetallic, molded polymeric walls or inflatable fabric walls of any dimension.

         B.   Ground fault circuit interrupter (GFCI) required. Cord and plug connected circulation or filtering systems shall be connected to a GFCI protected power source. All pumps or filtering equipment shall be connected to a circuit containing a properly sized equipment grounding conductor. All 125 volt, 15 and 20 ampere receptacles located within 20 feet of the storable pool shall be GFCI protected.

         C.   Receptacle locations. Receptacles shall not be located within six feet of the inside walls of a storable pool.

         D.   Extension cords. Extension cords are not permitted for the connection of storable pool equipment.

(Ord. 79-56. Passed 11-13-79; Ord. 80-44. Passed 9-23-80; Ord. 80-46. Passed 9-23-80; Ord. 82-14. Passed 5-11-82; Ord. 84-7. Passed 4-10-84; Ord. 85-31. Passed 5-14-85; Ord. 87-21. Passed 8-11-87; Ord. 90-15. Passed 5-8-90; Ord. 91-2. Passed 1-8-91; Ord. 91-15. Passed 10-8-91; Ord. 91-18. Passed 11-26-91; Ord. 92-8. Passed 1-28-92; Ord. 92-25. Passed 7-14-92; Ord. 94-23. Passed 11-22-94; Ord. 96-7. Passed 3-27-96; Ord. 98-16. Passed 11-10-98; Ord. 00-8. Passed 6-27-00; Ord. 00-18. Passed 9-26-00; Ord. 01-24. Passed 9-11-01; Ord. 03-3. Passed 4-8-03; Ord. 04-18. Passed 8-10-04; Ord. 05-5. Passed 3-8-05; Ord. 05-6. Passed 3-8-05; Ord. 13-5. Passed 3-26-13; Ord. 21-14. Passed 11-9-21.)

   The following minimum standards shall apply to all uses of property in the city.

   (a)   Fire and Explosive Hazards. Storage, utilization or manufacture of solid materials or products, including free burning and intense burning, shall not be permitted in any district, nor shall the storage, utilization or manufacture of flammable liquids or materials which produce flammable or explosive vapors or gases be permitted in any district.

   (b)   Fissionable. Radioactivity or Electrical Disturbance. No activities shall be permitted which utilize fissionable or radioactive materials if their use results at any time in the release or emission of any fissionable or radioactive material into the atmosphere, the ground or sewerage systems, and no activities shall be permitted which emit electrical disturbances affecting the operation at any point of any equipment other than that of the creator of such disturbances.

   (c)   Fly Ash, Dust. Fumes, Vapors, Gases and Other Forms of Air Pollution.No solid, liquid or gaseous emission of air pollutants shall be permitted which violates the minimum requirements of the U.S. Environmental Protection Agency as adopted by the requirements of the Regional Air Pollution Control Agency (RAPCA). Dust and other air-borne pollutants shall be minimized through the paving, oiling or landscaping of the lot area around any building.

   (d)   Glare. Heat and Exterior Light.Any operation producing intense light or heat, such as high temperature processes like combustion, welding or otherwise, shall be performed within an enclosed building. The operation shall not be visible beyond any lot line bounding the property whereon the use is conducted. No exterior lighting shall be positioned so as to extend light or glare onto adjacent properties or rights of way.

   (e)   Liquid or Solid Wastes. No discharge at any point into any public sewer, private sewage disposal system or stream, or into the ground, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause the emission of dangerous or offensive elements, shall be permitted, except in accordance with standards approved by the Ohio Environmental Protection Agency or such other governmental agency as has jurisdiction of such activities.

(Ord. 70-56. Passed 11-13-79.)

   (f)   Noise. Noise levels shall not exceed the following A-weighted decibel (dbA) levels:

 

 

   These noise levels shall not be exceeded for more than fifteen minutes during any continuously monitored, typical, twenty-four-hour period. Measurement shall be made from the edge of the zoning lot to the structure or noise source existing or proposed.

   (g)   Noxious Gases. Processes and operations of permitted uses capable of dispersing gases or toxic particulates into the atmosphere shall be hooded or otherwise suitably enclosed. The emission of such toxic gases or particulate matter shall be from a stack.

   (h)   Odors. No odor shall be emitted by any use permitted in a district in such quantities as to be readily detected without instruments by an average observer at any point along the lot line.

   (i)   Vibrations.No uses shall be located and no equipment shall be installed in such a way as to produce intense, earth-shaking vibrations which are discernible without instruments at the property lines of the subject premises.

   (j)   Radiation. All sources of ionizing radiation shall be registered or licensed by the State Department of Health and operated in accordance with its regulations.

   (k)   Electrical Radiation. No electrical radiation shall adversely affect, at any point on or beyond the lot line, any operation or equipment other than those of the creation of the radiation. Avoidance of adverse effects from electrical radiation by appropriate single or mutual scheduling of operations is permitted.

(Ord. 79-56. Passed 11-13-79. )

   (a)   General Requirements.

      (1)   All buildings and structures erected and all land uses shall provide necessary off-street parking or loading facilities as required hereinafter for the use thereof and all applications for a building permit shall include therewith a plot plan, drawn to scale and fully dimensioned, showing any off-street parking or loading spaces to be provided in compliance with the requirements of this Zoning Code.

      (2)   Except in the case of dwellings, no parking area provided hereunder shall be less than 1, 000 square feet in area. In C-4, E-1 and R-5 zones, except in the case of one, two or three-family dwellings, no off-street parking may utilize more than one-third of the required front yard setback.

      (3)   Whenever a building addition results in an increase in the number of units used to measure required off-street parking spaces, and such addition creates a need for an increase of more than ten percent of the required off-street parking spaces, additional off street parking shall be provided on the basis of the increase in the number of such units of measurement, except that in the case of additional dwelling units created by conversion of an existing dwelling, two off-street parking spaces shall be required for each additional dwelling unit created.

      (4)   Accessory off-street parking and loading spaces in existence on the effective date of this Zoning Code (Ordinance 79-56, passed November 13, 1979) shall not be reduced in number, unless they already exceed the requirements of this section for equivalent new construction. If so, the spaces shall not be reduced below the number required herein for such equivalent new construction.

      (5)   When fifty percent or more of a block is occupied by commercial structures and is devoted to business on the effective date of this Zoning Code (Ordinance 79-56, passed November 13, 1979), the off-street parking space requirements outlined in subsection (c) hereof shall be reduced to that amount of parking which can be provided upon the land available for development in such parking use.

      (6)   Off-street parking spaces for different buildings and/or uses may be provided collectively in any zoning district in which separate off-street parking facilities for each constituent use would be permitted, provided the total number of joint spaces is not less than the sum of the separate requirements for each use and provided that a written agreement for joint usage is properly drawn and executed by the parties concerned, approved as to form and execution by the Director of Law and filed with the application for a building permit or certificate of occupancy.

   Not more than fifty percent of the parking spaces required for theaters and places of amusement and up to 100 percent of the parking spaces required for a church or school may be provided and used jointly by banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as the theaters, places of amusement, churches or schools. However, written agreement necessary for assuring the retention of such purpose shall be properly drawn and executed by the Director of Law and filed with the application for a building permit.

      (7)   The use of off-street parking spaces for residents and visitors in any "R" District shall be solely for the parking of passenger automobiles or commercial vehicles not more than five tons in gross weight owned by occupants of the dwelling units.

   The location of off-street parking spaces shall be as follows:

   District               Location

   A-1               On the same zoning lot

   R-1, R-2, R-3, R-4,
    O-1 and S-PUD         On the same zoning lot

   No parking facilities accessible to a "C" Zoning District use shall be located in an "A,It 'IR" or "S-PUD" District, except where authorized by the Board of Zoning Appeals as prescribed hereinafter. Accessory off-street parking spaces, provided elsewhere than on the same zoning lot, shall be in the same possession, either by deed or long term lease, as the property owner of the zoning lot.

   (b)   Specific Requirements.

      (1)   Access.

         A.   Parking spaces and lots shall be designed with appropriate means of vehicular access to a street or alley in such a manner as will least interfere with the movement of traffic. Any driveway or curb cut in any district shall be in accordance with appropriate ordinances of the City.

         B.   Proposed driveways for multifamily and nonresidential land uses on other than local streets shall conform to the following diagrams, unless the City Engineer and the Community Development Director agree that appropriate safeguards exist without reference to such standards and agree that an adequate site design will result from an alternative design plan. The standards in Table 1 shall be referred to by the Administrative Board for Planning and Zoning Appeals in determining the suitability of proposed conditional uses.

         C.   The distances shown by spacing diagrams A and B hereof shall be applicable to all multifamily and nonresidential properties where a conditional use is applied for; a change of principally permitted uses takes place; or a use is re-established after abandonment for the time periods specified for nonconforming uses by Section 1268.08.

 

 

      (3)   Parking space dimensions. Required off-street parking spaces, perpendicular to an access aisle, shall comply with either of two standards. The common standard shall be a parking space ten feet wide by twenty feet in depth. However, parking spaces nine feet wide by nineteen feet in depth shall be allowed for churches, schools, hospitals and all principally permitted uses in an Industrial Zoning District and light industrial uses allowed in a C-4 Zoning District. Parking spaces not perpendicular to an access aisle shall meet a workable-size planning standard approved by the Code Enforcement Officer. Parking space dimensions shall be calculated exclusive of access drives, aisles, ramps, columns and work areas. Aisles serving perpendicular vehicular parking spaces shall be at least twenty-four feet in width. Aisle widths serving non-perpendicular parking spaces shall be approved by the Code Enforcement Officer. Under all circumstances, each parking space shall have a gross area of 300 square feet.

      (4)   Separation.

         A.   All unenclosed off-street parking areas shall be separated from public rights of way by a landscaped area of at least ten feet in width.

         B.   All unenclosed off-street parking areas shall be separated from principal buildings by a six-inch high curb so as to maintain a clear unobstructed three-foot corridor between the building and the parked vehicles.

         C.   No driveways or parking areas shall be closer than five feet to adjacent property lines. Off-street parking areas serving more than one residential unit and serving all nonresidential uses shall be provided with six-inch high curbing surrounding the parking area and drives leading thereto), unless this requirement is modified, in whole or in part, by the City Engineer for site drainage purposes. This standard for curbing can also be met by the provision of a continuous stone wall, landscaped earthwork or other barrier judged by the City Engineer to be as safe and efficient as the continuous curbing standard. In addition, off street parking areas of over 1,000 gross square feet, located adjacent to residential uses, shall be separated from residential lots by landscaping between paved areas and residential property lines.

         D.   No unenclosed off-street parking or driveway area of over 30, 000 square feet in a "C-2," "C-3," "C-4" or "I-1" Zoning District shall be closer than fifty feet to any lot in an "R,""S-PUD" or "A-1" Zoning District.

      (5)   Landscaping and screening. All parts of open space off-street parking areas which are usable, either for parking or for traffic, shall be paved or landscaped with plantings of grass, flowers, shrubs and/or trees, which shall be continuously maintained. Such landscaping shall be in conformity with Chapter 1224. All unenclosed off-street parking areas of over 1,000 square feet shall be screened from one and two-family residential dwellings on adjacent lots by an effective screen as described below. When any open off-street parking area of 1,000 square feet in area or larger is used for any nonresidential purpose containing more than two parking spaces, if not separated from an "R" District by a dedicated street, an effective buffer or screen, consisting of a solid wall, wooden fence or view-obscuring dense planting of evergreen shrubs, shall be provided at the lot line to protect the privacy of the adjoining residential uses. Such wall, fence or hedge shall be not less than six feet in height and shall be maintained in good condition. The space between such wall, fence or hedge and the lot line adjoining the premises or the front lot line facing the premises in any "R" District shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition.

      (6)   Lighting. Any lighting used to illuminate an off-street parking or loading area shall be equipped with suitable shielding or be so arranged as to prevent glare or reflective lighting of adjoining public or private property.

The lighting shall be subject to the approval of the Code Enforcement Officer.

      (7)   Signs. No signs shall be displayed in any parking area within any Residential District, except as may be necessary for the orderly use of the parking facilities and limited to two square feet in surface area.

      (8)   Surfacing and striping. All open, off-street parking areas shall be improved with a compacted stone base, not less than four inches thick, surfaced with not less than one and one-half inches of asphaltic concrete or some other comparable all-weather dustless material. A parking space in any "C" or "I" District shall be properly marked by durable paint in stripes a minimum of four inches wide and extending the length of the parking space.

      (9)   Drainage. Adequate storm water drainage facilities shall be installed in order to ensure that storm water does not flow onto abutting property or rights of way in such a way or quantity as to detrimentally affect the use of such properties or rights of way.

   (c)   Specific Off-Street Parking Space Requirements. Off-street parking spaces shall be provided in accordance with the schedule outlined below. The off-street parking and loading requirements for any use not specified in this Zoning Code shall be the same as for a similar permitted use in the particular zoning district.

 

(Ord. 79-56. Passed 11-13-79; Ord. 82-9. Passed 3-9-82; Ord. 82-15. Passed 5-11-82; Ord. 84-7. Passed 4-10-84; Ord. 88-6. Passed 4-26-88; Ord. 90-15. Passed 5-8-90; Ord. 91-18. Passed 11-26-91; Ord. 93-6. Passed 3-9-93; Ord. 96-26. Passed 8-13-96; Ord. 96-28. Passed 9-2496.)

   (a)   General Requirements.

      (1)   Location. All required loading spaces shall be off-street, shall be located on the same lot as the specific use to be served and may occupy all or any part of any required yard area. No loading space shall be located within a required front or side yard when adjacent to any "R" District. No permitted or required loading space in any "I" District shall be located within fifty feet of the nearest point of intersection of any two streets or highways. No permitted or required loading space shall be closer than fifty feet to any lot in any "R" District, unless wholly enclosed within a building.

      (2)   Dimension. Each off-street loading space shall be at least ten feet in width by twenty-five feet in length having a vertical clearance of fourteen feet or more, plus adequate area for ingress and egress.

      (3)   Surfacing. All open loading spaces shall be graded and improved with bituminous concrete or Portland cement concrete.

      (4)   Drainage. All, loading spaces shall be provided with adequate drainage facilities as approved by the Code Enforcement Officer.

   (b)   Specific Requirements. In connection with every building or part thereof erected, except dwellings, there shall be provided, on the same lot with such buildings, off-street loading spaces or berths, for uses which customarily receive or distribute material or merchandise by vehicle, in accordance with the following requirements.

*If the commercial or industrial establishment is such that shipping and/or receiving goods is not an integral part of the business, the above requirements may be waived by the Code Enforcement Officer.

(Ord. 79-56. Passed 11-13-79.)

   (a)   No owner of any real estate premises within the City shall transfer legal or equitable ownership of that premises without first obtaining a pre-sale inspection of the exterior of the premises and a certificate of occupancy, pursuant to this chapter. The purpose of the inspection is to enable the City to identify whether any violations of this zoning code or any other applicable codes, ordinances, or regulations exist on the premises, such that necessary repairs may be identified and required prior to transfer.

   (b)   Application for a pre-sale inspection shall be made by the owner of the premises or their representative on such form, and accompanied by an administrative fee, as may be prescribed from time to time by the Code Enforcement Officer.

   (c)   Within seven business days after an application for pre-sale inspection is submitted, the code official shall complete the inspection and compile a list of any conditions requiring repair prior to transfer. The code official may extend this deadline for successive seven day periods if such delay is the result of circumstances beyond their control.

   (d)   No owner is obligated to consent to the pre-sale inspection of premises required by this section, and no criminal penalty shall arise from any such refusal of consent. If the owner of the premises refuses to consent to the pre-sale inspection, then the code official may either:

      (1)   Appear before any court of competent jurisdiction and request an administrative search warrant to allow an exterior inspection of the premises. The application for the search warrant shall specify the basis upon which the warrant is being sought, together with any evidence supporting such basis, and shall include a statement that the inspection will be limited to determining whether there are violations of this zoning code or any other applicable codes, ordinances, or regulations existing on the premises; or

      (2)   Perform a plain-view exterior inspection of the premises. In performing any such plain-view exterior inspection, the code official shall limit their inspection to a visual assessment of the exterior of the premises and shall not enter onto the curtilage of the premises while performing the inspection.

   (e)   If a search warrant is issued pursuant to this section, no owner, occupant, or representative thereof shall fail or refuse, upon presentation of the warrant, to properly permit entry onto the premises by the code official or his duly authorized designee for the purpose of performing the inspection and consistent with the terms of the warrant. Failure or refusal to permit entry onto the premises following presentation of a warrant pursuant to this section shall be a violation of this zoning code punishable pursuant to Section 1268.99.

   (f)   Upon completion of the inspection and satisfactory repair of any conditions identified by the code official pursuant to this section, the code official shall issue a certificate of occupancy for the premises. Such certificate shall be valid for a period of 180 days from the date of issuance. If no transfer of the premises has occurred within that period, then a new inspection shall be required.

(Ord. 18-04. Passed 4-24-18.)