(a)   Conditional uses are a classification of uses that are determined to generally be compatible in the zoning district in which they are listed as a conditional use. However, this category of uses is so classified because of the need to adequately monitor the proposed use in order to ensure that the use and its operational aspects are indeed appropriate in the specific location in which the use is proposed. Such monitoring is necessary because the external impacts of a particular use are either sufficiently varied or indeterminable in advance, making it possible that, without the Planning Commission's review, a particular use could be inappropriate in certain locations within the district.

   (b)   These regulations are intended to ensure that conditional uses are reviewed in a reasonable and equitable manner, while safeguarding the property rights of all individuals and the health, safety, and general welfare of the community. Toward these ends, it is recognized that this Zoning Code should provide for more detailed evaluation of each use listed as a conditional use in a specific district with respect to such considerations as location, design, size, method(s) of operation, intensity of use, requirements for public facilities, and traffic generation. In considering a proposed conditional use, the Planning Commission may assign reasonable conditions to ensure that the proposed development is appropriate in the location in which it is proposed. Accordingly, conditional use applications shall conform to the requirements of this Chapter and the procedures and requirements of Chapter 1241, Procedures for Conditional Use and Similar Use Approval.

(Ord. 2010-059. Passed 3-7-11.)

   A conditional use and uses accessory to such conditional use shall be permitted in a district only when specified as a conditional use in such district, and only if such use conforms to the following general criteria, which are in addition to specific conditions, standards and regulations set forth in this Chapter. The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following criteria and shall find adequate evidence that:

   (a)   The conditional use will be designed, constructed, operated and maintained so as to be harmonious and appropriate with the prevailing, existing, or intended character of the general vicinity;

   (b)   The establishment, maintenance, or operation of the conditional use will not endanger the public health, safety, or general welfare;

   (c)   The establishment of the conditional use in the proposed location will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; and,

   (d)   The conditional use will be minimally impacted in the future by surrounding uses permitted by right that may be incompatible with the proposed conditional use.

   When evaluating applications utilizing the above criteria, the Planning Commission shall judge the appropriateness of the proposed conditional use based upon its anticipated impacts given the scope of the proposed use on the subject site understanding that the City has already accepted impacts normally associated with such conditional use when the use was included as a conditional use in the zoning district.

   An approval of a conditional use pursuant to the procedures in Chapter 1241 shall only apply to the specific use and the site plan and specific conditions related to the use and its approval. Any change in the use (excluding changes in the name or business mergers that do not effect occupancy), modifications, or expansion that are inconsistent with the approval are not permitted without a re-application and approval of the revised use or modifications pursuant to Chapter 1241.

(Ord. 2010-059. Passed 3-7-11.)

   In addition to the general criteria established in Section 1287.02, the following specific conditions shall apply.

   (a)   Supplementary Conditions and Safeguards. Nothing in these regulations shall prohibit the Planning Commission from prescribing reasonable supplementary conditions and safeguards in addition to the requirements in this Chapter in order to ensure compliance with the criteria set forth in Section 1287.02, General Criteria for all Conditional Uses.

   (b)   Conformance with District Regulations. A conditional use shall conform to the regulations of the district in which it is located and to other requirements of this Zoning Code, as well as satisfy the conditions, standards, and requirements of this Chapter. Whenever there is a difference between the provisions of the conditional use regulations and the district regulations, the provisions of this Chapter shall prevail, unless clearly indicated differently in these regulations.

   (c)   Overall Development Standards.

      (1)   No lighting shall constitute a nuisance and in no way shall impair safe movement of traffic on any street or highway.

      (2)   Floodlights, loudspeakers or similar devices shall not be constructed or used in any manner that will cause hazards or annoyance to the public generally or to the occupants of adjacent property.

      (3)   Exterior lighting with respect to the number of fixtures, height of the fixtures from the ground, light intensity, and light trespass on adjacent properties or a public right-of-way shall be compatible with the surrounding neighborhood.

      (4)   The conditional use will be designed and constructed so that all access drives, access points to public streets, driveways, parking and service areas shall be in compliance with the regulations set forth in City of Fairlawn, Ohio Code of Ordinances.

      (5)   The conditional use shall be designed to minimize potential adverse impacts on traffic congestion. The Planning Commission may require traffic studies, if necessary, at the developer's cost to ensure compliance with this condition.

      (6)   Landscaping, mounds and fencing shall be incorporated into the site plan for a conditional use in a manner and at an intensity, as prescribed by the Planning Commission, to minimize any potential adverse impacts the proposed use may have.

      (7)   The proposed use shall not generate excessive noise beyond the premises. In order to minimize any negative effects from the above referenced noise, the Planning Commission may require additional noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District.

      (8)   All access drives shall be located as far as practicable from an existing intersection in order to maximize traffic safety and minimize congestion and constricted turning movements and minimize the impact on the surrounding areas.

      (9)   Greater setbacks than the minimums prescribed in this Chapter may be imposed by the Planning Commission when the scale of any wall, because of its excessive length or height, at the minimum setback line could adversely impact adjacent properties.

      (10)   The location, dimensions, and design concept of any proposed signage should be provided at the time of the conditional use application.

      (11)   All activities, programs, and other events shall be directly related to the approved conditional use and shall be adequately monitored by the occupant or operator so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.

(Ord. 2010-059. Passed 3-7-11.)

   Schedule 1287.04 sets forth regulations governing minimum lot area, minimum lot width and minimum setback requirements for principal and accessory buildings and parking areas for conditional uses in the Municipal Districts and Residential Districts. Supplemental requirements pertaining to such uses are set forth in Section 1287.06, and the specific subsections are referenced in Schedule 1287.04 below.

 

   Schedule 1287.05 sets forth regulations governing minimum lot area and minimum lot width requirements for conditional uses in a commercial district. Supplemental requirements pertaining to such uses are set forth in Section 1287.06, and the specific subsections are referenced in Schedule 1287.05, below.

 

 

   The following are specific conditions, standards and regulations for certain conditional uses and are in addition to the criteria and standards set forth in Sections 1287.04 through 1287.05.

   (a)   Places of Assembly including: auditoriums, assembly halls, conference centers, membership clubs, community recreation facilities:

      (1)   When adjacent to any boundary line of a Single or Two Family Residence District, the minimum side and rear setback for principal and accessory buildings shall be seventy-five (75) feet.

      (2)   All activities, programs and other events shall be directly related to the conditional use so granted.

      (3)   Applicants must clearly demonstrate that the use will maximize compatibility with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

      (4)   Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

      (5)   The building shall be located on the site so its scale and massing will be compatible with the surrounding neighborhood.

      (6)   Such uses should be located on an arterial roadway or collector roadway or have direct access to an arterial roadway or collector roadway to minimize impacts on local streets and residential neighborhoods.

      (7)   When adjacent to any boundary line of a Single or Two Family Residence District, a buffer yard, with a minimum width of fifty (50) feet (Except Membership Clubs, see #8 below) shall be planted with large and small evergreen trees and one (1) row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6) feet. Plantings shall be measured from the highest finished grade of the buffer yard. The Planning Commission has the discretion to modify these planting standards, including requiring or permitting the addition of fences, in order to assure that any potential impacts on adjacent and nearby residential properties are minimized.

      (8)   Membership Clubs. For membership clubs, when adjacent to any boundary line of a Single or Two Family Residence District, a thirty (30) foot buffer yard shall be provided. It shall be planted with large evergreen trees and one (1) row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet, measured from highest finished grade of the buffer yard. The evergreen shrubs shall be at least three (3) feet in height when planted measured from highest finished grade of the buffer yard. Plantings shall be measured from the highest finished grade of the buffer yard. The Planning Commission has the discretion to modify these planting standards, including requiring or permitting the addition of fences, in order to assure that any potential impacts on adjacent and nearby residential properties are minimized.

   (b)   Car wash:

      (1)   Such facilities shall be located on an arterial roadway or collector roadway in an area least disruptive to pedestrian and vehicular traffic.

      (2)   Any proposed loudspeaker system shall be approved as part of the conditional use application.

      (3)   Alleys or driveways abutting residentially zoned parcels shall not be used for the circulation of customer traffic, including queuing.

      (4)   Queuing spaces shall be provided as required by Section 1284.10.

      (5)   The Planning Commission may limit the hours of operation to ensure that the proposed use is compatible with the surrounding uses.

   (c)   Cemetery:

      (1)   Interior drives shall be installed, including the required pavement, as development progresses and as indicated on the final site plans approved by the Planning Commission.

      (2)   Sufficient parking spaces shall be provided throughout the cemetery so as not to hinder traffic flow.

      (3)   No gravesite shall be located within fifty (50) feet of a public street right-of-way or residential property line.

      (4)   No mausoleum shall be located within one hundred (100) feet of a public street right-of- way or residential zoning district boundary line.

   (d)   Commercial recreation facility, indoors:

      (1)   Buildings in which dance floor/entertainment is provided shall be located a minimum of one hundred (100) feet from a residential zoning district boundary line.

      (2)   The Planning Commission may limit the hours of operation to ensure that the proposed use is compatible with the surrounding uses.

      (3)   Only retail uses that are customary accessory and incidental to the principal use shall be permitted and include such uses as refreshment stands, souvenir stands, concession stands, and an office.

      (4)   Such uses should be located on an arterial roadway or collector roadway or have direct access to an arterial roadway or collector roadway to minimize impacts on local streets and residential neighborhoods.

      (5)   When adjacent to any boundary line of a Single or Two Family Residence District, a buffer yard, with a minimum width of fifty (50) feet, shall be planted with large and small evergreen trees and one (1) row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6) feet. Plantings shall be measured from the highest finished grade of the buffer yard. The Planning Commission has the discretion to modify these planting standards, including requiring or permitting the addition of fences, in order to assure that any potential impacts on adjacent and nearby residential properties are minimized.

      (6)   All activities, except parking and signage, shall take place inside the facility.

   (e)   Commercial recreation facility, outdoors:

      (1)   The Planning Commission may require active recreation areas to be enclosed by a fence having a minimum height of five (5) feet.

      (2)   The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises. In order to minimize any effects of the above, the Planning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District or in the surrounding area.

      (3)   Rifle ranges, skeet shooting ranges, pistol ranges, and other activities involving the use of firearms shall not be permitted.

      (4)   All activities, programs and other events shall be directly related to the conditional use so granted, and shall be adequately and properly supervised so as to minimize any hazardous conditions and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.

      (5)   An adequate number of public restrooms shall be provided and maintained.

      (6)   The Planning Commission may limit the hours of operation to ensure that the proposed use is compatible with the surrounding uses.

      (7)   Only retail uses that are customary accessory and incidental to the principal use shall be permitted and include such uses as refreshment stands, souvenir stands, concession stands, and an office.

      (8)   When adjacent to any boundary line of a Single or Two Family Residence District, a buffer yard, with a minimum width of fifty (50) feet, shall be planted with large and small evergreen trees and one (1) row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6) feet. Plantings shall be measured from the highest finished grade of the buffer yard. The Planning Commission has the discretion to modify these planting standards, including requiring or permitting the addition of fences, in order to assure that any potential impacts on adjacent and nearby residential properties are minimized.

      (9)   Such use shall be located on an arterial roadway or collector roadway.

      (10)   Swimming pools shall comply with the following additional requirements:

         A.   Pools shall be adequately fenced to prohibit unauthorized access to the facility.

         B.   Pools and their enclosures shall comply with the building setback requirements set forth in the B-2 District.

         C.   The enclosure required in subsection A. above shall be kept locked at all times the pool is not in use.

         D.   The Planning Commission may limit the maximum lot coverage of related buildings and lounging/deck areas.

   (f)   Congregate care facility:

      (1)   A congregate care facility may include one (1) or more of the following types of residential facilities: independent living, assisted living, or nursing care that include congregate dining, living and or medical facilities.

      (2)   When adjacent to any boundary line of a Single or Two Family Residence District, the minimum side and rear setback for principal and accessory buildings shall be fifty (50) feet.

      (3)   When adjacent to any boundary line of a Single or Two Family Residence District, a thirty (30) foot buffer yard shall be provided. It shall be planted with large evergreen trees and one (1) row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet, measured from highest finished grade of the buffer yard. The evergreen shrubs shall be at least three (3) feet in height when planted, measured from highest finished grade of the buffer yard. The Planning Commission has the discretion to modify these planting standards, including requiring or permitting the addition of fences, in order to assure that any potential impacts on adjacent and nearby residential properties are minimized.

      (4)   Such uses should be located on an arterial roadway or collector roadway or have direct access to an arterial roadway or collector roadway to minimize impacts on local streets and residential neighborhoods.

      (5)   The site plan shall indicate the emergency entrances and exits so that vehicular access to them is adequately provided.

      (6)   Exterior lighting shall be compatible with the surrounding neighborhood.

   (g)   Cultural institution:

      (1)   When adjacent to any boundary line of a Single or Two Family Residence District, the minimum side and rear setback for principal and accessory buildings shall be fifty (50) feet.

      (2)   Applicants must clearly demonstrate that the use will be compatible with the surrounding land uses and the surrounding built environment, particularly with respect to traffic circulation, parking and appearance.

      (3)   Such uses should be located on an arterial roadway or collector roadway or have direct access to an arterial roadway or collector roadway to minimize impacts on local streets and residential neighborhoods.

      (4)   When adjacent to any boundary line of a Single or Two Family Residence District, a thirty (30) foot buffer yard shall be provided. It shall be planted with large evergreen trees and one (1) row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet, measured from highest finished grade of the buffer yard. The evergreen shrubs shall be at least three (3) feet in height when planted measured from highest finished grade of the buffer yard. The Planning Commission has the discretion to modify these planting standards, including requiring or permitting the addition of fences, in order to assure that any potential impacts on adjacent and nearby residential properties are minimized.

   (h)   Day care facility, child or adult:

      (1)   When adjacent to any boundary line of a Single or Two Family Residence District, the minimum side and rear setback for principal and accessory buildings shall be fifty (50) feet.

      (2)   For the protection of children and adults enrolled in the day care center, a fence or wall having a height of at least five (5) feet shall enclose all outdoor activity areas. An entry gate shall be securely fastened.

      (3)   A drop-off/pick-up location that will not impede traffic on or off the site shall be clearly identified on the plans and arranged to ensure the safety of the children and adults.

      (4)   The location and design of the facility shall provide for the protection of the children and adults from the traffic, noise, and other hazards of the area.

      (5)   The outdoor activity area for a children's day care center shall not be located closer than fifty (50) feet to any adjacent boundary line of a Residential District.

      (6)   In the B-4 District, such establishments shall be permitted only:

         A.   When part of a multi-establishment building; or,

         B.   When such an establishment is the principal use in a building, it shall only be permitted when part of a multi-building development whose principal uses are permitted by right in the B-4 District.

   (i)   Drive-thru services:

      (1)   Sites for such facilities shall be located on an arterial roadway or collector roadway.

      (2)   Access drives for drive-thru facilities should be located on an arterial roadway or collector roadway in an area least disruptive to pedestrian and vehicular traffic. If an access drive is located on a local roadway, it should be sited so as to minimize negative impacts on adjacent residential uses.

      (3)   Any proposed loudspeaker system shall be approved as part of the site plan.

      (4)   Queuing spaces shall be provided as required by Section 1284.10.

      (5)   Driveways and areas for queuing shall not be located within fifty (50) feet of residentially zoned areas.

      (6)   When adjacent to any boundary line of a Single or Two Family Residence District, a thirty (30) foot buffer yard shall be provided. It shall be planted with large evergreen trees and one (1) row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet, measured from highest finished grade of the buffer yard. The evergreen shrubs shall be at least three (3) feet in height when planted measured from highest finished grade of the buffer yard. The Planning Commission has the discretion to modify these planting standards, including requiring or permitting the addition of fences, in order to assure that any potential impacts on adjacent and nearby residential properties are minimized.

      (7)   The Planning Commission may limit the hours of operation to ensure that the proposed use is compatible with the surrounding uses.

   (j)   Funeral Homes, mortuaries:

      (1)   All activity shall be conducted inside the buildings only, with the exception of the vehicle stacking for funeral processions.

      (2)   No vehicle stacking shall be permitted in a public street right-of-way.

      (3)   Cremation services as part of a funeral home when complying with the following:

         A.   Such use shall be located on an arterial roadway or higher street classification.

         B.   Such uses shall obtain all required permits and approvals from the State of Ohio and/or any other applicable permitting authority. All documentation submitted to these authorizes, to obtain approval, shall also be submitted as part of the application for a conditional use.

         C.   The structure housing the crematorium shall be setback a minimum of three hundred (300) feet from any property line that is adjacent to a residential zoning district boundary line, a residential use, a school, or a park.

         D.   No outdoor activities or outdoor storage shall be permitted.

         E.   Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

      (4)   Areas for the stacking of funeral processions shall not be located within fifty (50) feet of residentially zoned areas.

      (5)   When adjacent to any boundary line of a Single or Two Family Residence District, a thirty (30) foot buffer yard shall be provided. It shall be planted with large evergreen trees and one (1) row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet, measured from highest finished grade of the buffer yard. The evergreen shrubs shall be at least three (3) feet in height when planted measured from highest finished grade of the buffer yard. The Planning Commission has the discretion to modify these planting standards, including requiring or permitting the addition of fences, in order to assure that any potential impacts on adjacent and nearby residential properties are minimized.

   (k)   Gasoline Stations; Automobile Service Stations; and Vehicle Repair Garage:

      (1)   The minimum setback for pump islands adjacent to a public right-of-way shall be twenty- five (25) feet, except adjacent to an “R” District. The minimum front setback for such facility within one hundred (100) feet of such “R” District (measured along the street on which such districts join and front) shall be same as that required in such adjoining “R” District. The minimum side and rear setback shall be forty (40) feet.

      (2)   The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises. In order to minimize any effects of the above, the Planning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in surrounding area.

      (3)   No inoperative motor vehicles, equipment, or parts shall be permitted to remain outside on the property.

      (4)   Except while being serviced at a pump island, no vehicle shall be parked between the fuel pumps and property line adjacent to a public right-of-way unless off-street parking spaces have been clearly identified and approved.

      (5)   Such facilities shall be located on an arterial roadway or collector roadway in an area least disruptive to pedestrian and vehicular traffic.

      (6)   Any proposed loudspeaker system shall be approved as part of the site plan.

      (7)   Queuing spaces shall be provided as required by Section 1284.10, when applicable.

      (8)   When located on a corner lot, the facility shall have not less than one hundred fifty (150) feet frontage on each of the two (2) intersecting streets. The location of access drives shall be placed as far as possible from the intersection; and shall be limited to no more than one (1) access drive per street frontage. When the street frontage is greater than one hundred fifty (150) feet additional driveways may be considered when it is determined by the Planning Commission that such additional driveways will not impede traffic flow or unreasonably compromise safety.

      (9)   Vehicle parking areas, vehicle storage areas, maneuvering lanes and access ways to public streets shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on and adjacent to the site.

      (10)   When adjacent to any boundary line of a Residential District, a buffer yard, with a minimum width of fifty (50) feet, shall be planted with large and small evergreen trees and one (1) row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6) feet. Plantings shall be measured from the highest finished grade of the buffer yard. The Planning Commission has the discretion to modify these planting standards, including requiring or permitting the addition of fences, in order to assure that any potential impacts on adjacent and nearby residential properties are minimized.

      (11)   Gasoline Station. The only automobile related services permitted to be performed at a gasoline station shall be the dispensing of fuel, oil, air, and windshield wiper fluid and other common vehicular liquids and lubricants.

      (12)   Automobile Service Station. Automobile service stations shall not provide services to vehicles that exceed one and one-half (1-1/2) tons in capacity. All activities, except those required to be performed at a fuel pump, air dispenser or self-serve automobile vacuum, shall be conducted entirely within a building or garage.

      (13)   Automotive Service Stations and Gas Station. A car wash establishment may be combined with a gasoline station or an automobile service station provided that the lot size for the combined uses is a minimum of fifty thousand (50,000) square feet.

      (14)   Automotive Service Stations and Vehicle Repair Garage. No oil draining pit or visible appliance for any such purpose, other than filling caps, shall be located within ten (10) feet of any street right-of-way or within twenty-five (25) feet of any residential zoning district boundary line, except where such appliance or pit is within a building.

   (l)   Golf courses:

      (1)   The proposed use shall not generate excessive noise, odor, or dust beyond the premises. In order to minimize any effects of the above, the Planning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in surrounding area.

      (2)   Vehicular approaches to the property shall be designed so as not to create an interference with traffic on surrounding public streets or roads.

      (3)   Golf courses, including tees, fairways, greens and golf driving ranges shall be designed and landscaped in such a manner as to reasonably prevent a misfired ball from landing out of the golf course.

      (4)   Only retail uses that are customary accessory and incidental to the principal use shall be permitted.

      (5)   When related activities such as clubhouse, pool, maintenance building and storage areas, parking lots, etc. are adjacent to any boundary line of a Residential District, a buffer yard, with a minimum width of fifty (50) feet, shall be planted with large and small evergreen trees and one (1) row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6) feet. Plantings shall be measured from the highest finished grade of the buffer yard. The Planning Commission has the discretion to modify these planting standards, including requiring or permitting the addition of fences, in order to assure that any potential impacts on adjacent and nearby residential properties are minimized.

   (m)   Health clubs & School, specialty/personal instruction:

      (1)   All activities shall take place in a fully enclosed sound-resistant building, with closed windows and door entrances that provide a reasonable sound lock.

      (2)   The proposed use shall not generate excessive noise beyond the premises. In order to minimize any effects of the above, the Planning Commission may impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District and the surrounding area.

   (n)   Hospitals:

      (1)   Such use shall be located on an arterial roadway or collector roadway.

      (2)   When adjacent to any boundary line of a Single or Two Family Residence District, the minimum side and rear setback shall be seventy-five (75) feet.

      (3)   Outdoor storage of ambulances and other vehicles used in the operation of the principal use may be permitted provided such storage areas are located in the side or rear yard in off-street parking areas. The areas devoted to the outdoor storage of such vehicles shall be enclosed with a fence having a minimum height of six (6) feet.

      (4)   Applicants must clearly demonstrate that the use will be compatible with the surrounding land uses, particularly with regard to traffic circulation, parking, noise, and appearance.

      (5)   Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood. No more than two (2) curb cuts shall be allowed per street frontage. Factors including the number of existing curb cuts in the area, the potential for increased traffic hazards and congestion, and the number of travel lanes of the street that serves the development shall be used to determine the actual number of curb cuts permitted.

      (6)   The scale and massing of the buildings and their setbacks should be compatible with the surrounding built environment.

      (7)   Loading and emergency entrance areas shall be sited in such a way so as to minimize the impact on the surrounding land uses.

      (8)   A traffic analysis may be required from the applicant as part of its application for a conditional use. Such analysis may include, but not be limited to, existing background traffic volumes, the proposed traffic flows and volumes, sight visibility for emerging vehicles, and other public safety factors as may be required.

      (9)   When adjacent to any boundary line of a Single or Two Family Residence District, a buffer yard, with a minimum width of fifty (50) feet, shall be planted with large and small evergreen trees and one (1) row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6) feet. Plantings shall be measured from the highest finished grade of the buffer yard. The Planning Commission has the discretion to modify these planting standards, including requiring or permitting the addition of fences, in order to assure that any potential impacts on adjacent and nearby residential properties are minimized.

   (o)   Hotels and motels:

      (1)   When adjacent to any boundary line of a Single or Two Family Residence District, a buffer yard, with a minimum width of fifty (50) feet, shall be planted with large and small evergreen trees and one (1) row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6) feet. Plantings shall be measured from the highest finished grade of the buffer yard. The Planning Commission has the discretion to modify these planting standards, including requiring or permitting the addition of fences, in order to assure that any potential impacts on adjacent and nearby residential properties are minimized.

      (2)   The lot to be developed shall contain not less than one thousand (1,000) square feet of lot per sleeping unit. The maximum lot coverage of the building shall be sixty percent (60%).

      (3)   Such uses should be located on an arterial roadway or have direct access to an arterial roadway to minimize impacts on local streets and residential neighborhoods.

      (4)   All buildings shall comply with the setback requirements in the applicable zoning district except that the side setback shall be twenty (20) feet.

   (p)   Kennel:

      (1)   Outdoor areas devoted to kennels and/or runs shall:

         A.   Be located in the rear yard;

         B.   Have a minimum rear and side setback of thirty (30) feet;

         C.   Have a minimum setback of two hundred (200) feet from any residential zoning district boundary line;

         D.   Be a maximum of twenty-five percent (25%) of the gross floor area of the principal building.

      (2)   Odor and noise shall be adequately controlled to ensure that animals do not create a nuisance.

      (3)   The range of animals to be housed and cared for at the kennel shall be identified at the time of the application and the Planning Commission shall exclude any animals that are determined by the Commission to be non-domestic animals that could be potentially dangerous and harmful to the health and safety of the community.

      (4)   Facility shall be operated in accordance with all applicable State of Ohio and Summit County Health Code regulations.

      (5)   When adjacent to any boundary line of a Single or Two Family Residence District, a buffer yard, with a minimum width of fifty (50) feet, shall be planted with large and small evergreen trees and one (1) row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6) feet. Plantings shall be measured from the highest finished grade of the buffer yard. The Planning Commission has the discretion to modify these planting standards, including requiring or permitting the addition of fences, in order to assure that any potential impacts on adjacent and nearby residential properties are minimized.

   (q)   Night Clubs:

      (1)   All activities, except parking and signage, shall take place inside the facility. No retail sales or similar activities shall take place outside of the principal building.

      (2)   When adjacent to any boundary line of a Single or Two Family Residence District, a buffer yard, with a minimum width of fifty (50) feet, shall be planted with large and small evergreen trees and one (1) row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6) feet. Plantings shall be measured from the highest finished grade of the buffer yard. The Planning Commission has the discretion to modify these planting standards, including requiring or permitting the addition of fences, in order to assure that any potential impacts on adjacent and nearby residential properties are minimized.

      (3)   Applicants must clearly demonstrate that the use will be compatible with the surrounding land uses and the surrounding built environment, particularly with regard to traffic circulation, parking and appearance.

      (4)   Points of ingress and egress to the site shall be minimized and placed in such a way as to maximum safety, maximize efficient traffic circulation, and minimize the impact on the surrounding area.

      (5)   The proposed use shall not generate excessive noise beyond the premises. In order to minimize any effects of the above, the Planning Commission may impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District and the surrounding areas.

      (6)   Such uses should be located on an arterial roadway or have direct access to an arterial roadway to minimize impacts on local streets and residential neighborhoods.

   (r)   Outdoor Storage: The outdoor storage of goods and general materials shall be an accessory use associated with a permitted use in those zoning districts where permitted and shall comply with the following:

      (1)   Outdoor storage of materials shall include the storage of goods, materials, or products associated with the principal or main use. The storage of radioactive, toxic, or otherwise hazardous materials shall not be permitted.

      (2)   Outdoor storage shall be enclosed with a solid fence or wall, including solid gates. The wall or fence shall have a height tall enough to conceal all operations and materials therein from the view of any observer standing at the grade level of an abutting lot or a public street, but screening shall be a minimum of six (6) feet in height placed adjacent to the storage areas. The solid wall or fence and the associated gates shall be maintained in good condition. No barbed or razor wire shall be permitted.

      (3)   All materials shall be stored in such a fashion as to be accessible to fire-fighting equipment at all times.

      (4)   Areas devoted to outdoor storage shall be located in a rear yard so that it is behind the principal building and have minimum visibility from any public street, unless the storage is located on a corner lot. The enclosed area shall be set back fifteen (15) feet from any property boundary that abuts a One-family Residential District and in no case shall the side and rear setback of the enclosed area be less than fifteen (15) feet. On corner and through lots, the enclosed area shall be setback fifteen (15) feet from any street right-of- way.

      (5)   Any proposed outdoor storage areas shall be approved as part of a site plan.

   (s)   Parking Garages:

      (1)   The minimum side and rear setback shall be forty (40) feet.

      (2)   Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation and appearance. The Planning Commission may limit the hours of operation to ensure that the proposed use is compatible with the surrounding uses.

      (3)   The building shall be designed and constructed with materials to be compatible with surrounding development. Considerations include design elements that break up long, monotonous building walls and any other design elements that are compatible with the desired character of the District and the surrounding environment.

      (4)   The design and layout of the street side of the site shall provide a varied and interesting facade. The ground floor shall be differentiated from the upper floors by stepping back the upper floors; changing materials between the ground and upper floors; and/or including a continuous cornice line or pedestrian weather protection elements, such as awnings. Facades shall be varied using one (1) or more of the following methods: varying the arrangement, proportioning, or design of facade openings; incorporating changes in architectural materials, including texture or color; or projecting or recessing portions or elements of the facade.

      (5)   The landscaping on the site shall provide an appropriate transition to residential districts, separates and buffers the building from uses in abutting districts, and provides visual relief from stark, linear building walls.

      (6)   When adjacent to any boundary line of a Single or Two Family Residence District, a thirty (30) foot buffer yard shall be provided. It shall be planted with large evergreen trees and one (1) row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet, measured from highest finished grade of the buffer yard. The evergreen shrubs shall be at least three (3) feet in height when planted, measured from highest finished grade of the buffer yard. The Planning Commission has the discretion to modify these planting standards, including requiring or permitting the addition of fences, in order to assure that any potential impacts on adjacent and nearby residential properties are minimized.

      (7)   Such facilities shall be located on an arterial roadway or have direct access to such arterial roadway and in an area least disruptive to pedestrian and vehicular traffic.

      (1)   It is part of a multi-establishment building, in which the majority of the uses are permitted by right in the B-2 District;

      (2)   Such an establishment is the principal or main use in a building, it shall only be permitted when part of a multi-building development whose principal or main uses are permitted by right in the B-2 District; or,

      (3)   Located on a parcel as the only business, and the Planning Commission determines that:

         A.   Any outdoor dining is in a location and with appropriate screening to minimize disturbances (such as noise, light, and visual considerations) to adjacent or nearby properties; and

         B.   Drive-thru services are in compliance with the requirements of subsection (i) of this Section 1287.06.

   (u)   School, (public/private) college/university including dormitories, fraternity or sorority houses:

      (1)   When adjacent to any boundary line of a Single or Two Family Residence District, the minimum side and rear setback for principal and accessory buildings shall be seventy- five (75) feet.

      (2)   Applicants must clearly demonstrate that the use will be compatible with the surrounding land uses and the surrounding built environment, particularly with regarding to traffic circulation, parking and the scale, massing, and appearance of the buildings:

         A.   The building and roof shall be designed to be compatible with surrounding development. Considerations include design elements that break up long, monotonous building or rooflines and any other design elements that are compatible with the desired character of the District or the surrounding area.

         B.   The design and layout of the street side of the site shall provide a varied and interesting facade. Considerations include the use of setbacks, building placement, roof design, variations in materials and building walls as well as other structural elements.

      (3)   Points of ingress and egress to the site shall be minimized and placed in such a way as to maximum safety, maximize efficient traffic circulation, and minimize the impact on the surrounding area.

      (4)   The landscaping on the site shall provide appropriate transition from commercial to residential districts; separates and buffers the buildings from other uses especially abutting residential districts; and provides visual relief from stark, linear building walls.

      (5)   When adjacent to any boundary line of a Single or Two Family Residence District, a buffer yard, with a minimum width of fifty (50) feet, shall be planted with large and small evergreen trees and one (1) row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6) feet. The Planning Commission has the discretion to modify these planting standards, including requiring or permitting the addition of fences, in order to assure that any potential impacts on adjacent and nearby residential properties are minimized.

   (v)   Sports facility:

      (1)   The facility shall not be located adjacent to a residential zoning district.

      (2)   Applicants must clearly demonstrate that the use will be compatible with the surrounding land uses and the surrounding built environment, particularly with regarding to traffic circulation, parking and appearance.

      (3)   Points of ingress and egress to the site shall be minimized and placed in such a way as to maximum safety, maximize efficient traffic circulation, and minimize the impact on the surrounding area.

      (4)   Facades, which are visible from a public street, shall vary the façade utilizing one or more of the following methods: varying the arrangement, proportioning, or design of façade openings; incorporating changes in architectural materials, including texture or color; or projecting or recessing portions or elements of the façade.

      (5)   Depending upon the characteristics of the surrounding land uses, the Planning Commission may limit the types of activities permitted; the location of exterior light fixtures; and the location, type, and size of signage; and require additional landscaping beyond the requirements in this subsection.

      (6)   All activities, except parking and signage, shall take place inside the facility. No retail sales or similar activities shall take place outside of the principal building.

      (7)   When adjacent to any boundary line of a Single or Two Family Residence District, a buffer yard, with a minimum width of fifty (50) feet, shall be planted with large and small evergreen trees and one (1) row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6) feet. Plantings shall be measured from the highest finished grade of the buffer yard. The Planning Commission has the discretion to modify these planting standards, including requiring or permitting the addition of fences, in order to assure that any potential impacts on adjacent and nearby residential properties are minimized.

      (8)   Such use shall be located on an arterial roadway or collector roadway.

   (w)   Urgent care center:

      (1)   The Planning Commission may limit the hours of operation to ensure that the proposed use is compatible with the surrounding uses.

      (2)   All activities, except parking and signage, shall take place inside the facility.

      (3)   Applicants must clearly demonstrate that the use will be compatible with the surrounding land uses and the surrounding built environment, particularly with regarding to traffic circulation, parking and appearance.

      (4)   Points of ingress and egress to the site shall be minimized and placed in such a way as to maximum safety, maximize efficient traffic circulation, and minimize the impact on the surrounding area.

      (5)   When adjacent to any boundary line of a Single or Two Family Residence District, a thirty (30) foot buffer yard shall be provided. It shall be planted with large evergreen trees and one (1) row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet, measured from highest finished grade of the buffer yard. The evergreen shrubs shall be at least three (3) feet in height when planted measured from highest finished grade of the buffer yard. The Planning Commission has the discretion to modify these planting standards, including requiring or permitting the addition of fences, in order to assure that any potential impacts on adjacent and nearby residential properties are minimized.

   (x)   Park and ride facility:

      (1)   The park and ride facility shall be used solely for the parking of passenger vehicles and shall not be used for repair work, vehicle servicing, loading of any kind, or the erection of advertising signs of any kind on the lot. The restricted parking lot shall not be used for the parking of commercial motor vehicles.

      (2)   The parking lot shall be closed between 1:00 a.m. to 5:00 a.m., unless otherwise modified by the Planning Commission.

      (3)   Points of ingress and egress to the site shall be minimized and placed in such a way as to maximum safety, maximize efficient traffic circulation, and minimize the impact on the surrounding area.

      (4)   When adjacent to any boundary line of a Single or Two Family Residence District, a thirty (30) foot buffer yard shall be provided. It shall be planted with large evergreen trees and one (1) row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet, measured from highest finished grade of the buffer yard. The evergreen shrubs shall be at least three (3) feet in height when planted measured from highest finished grade of the buffer yard. The Planning Commission has the discretion to modify these planting standards, including requiring or permitting the addition of fences, in order to assure that any potential impacts on adjacent and nearby residential properties are minimized.

   (y)   Utility substation/distribution facility, indoor and outdoor:

      (1)   Public utility structures, including substations, shall be permitted as a conditional use only when the distribution of service is essential to the immediate neighborhood or when topological features restrict the location of such facility.

      (2)   Natural or man-made barriers shall be provided to lessen any intrusion into a residential area.

      (3)   Storage of materials shall be within a completely enclosed building.

      (4)   Substations, as measured from the outermost edge of the facility, shall be located a minimum of fifty (50) feet from any residential zoning district boundary line.

      (5)   Security measures shall be provided as required by federal and state authorities.

   (z)   Banks:

      (1)   When adjacent to any boundary line of a Single or Two Family Residence District, a buffer yard, with a minimum width of fifty (50) feet, shall be planted with large and small evergreen trees and one (1) row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6) feet. Plantings shall be measured from the highest finished grade of the buffer yard. The Planning Commission has the discretion to modify these planting standards, including requiring or permitting the addition of fences, in order to assure that any potential impacts on adjacent and nearby residential properties are minimized.

      (2)   Sites for such facilities shall be located on an arterial roadway or collector roadway.

      (3)   Access drives and associated parking lots should be located on or adjacent to an arterial roadway or collector roadway in an area least disruptive to pedestrian and vehicular traffic. If an access drive or parking lot is located on or adjacent to a local roadway, it should be sited so as to minimize negative impacts on adjacent residential uses.

      (4)   When adjacent to any boundary line of a Single or Two Family Residence District, the minimum side and rear setback for principal and accessory buildings shall be fifty (50) feet.

      (5)   To minimize negative impacts on adjacent residential uses, the principal building and its main pedestrian entrance shall be oriented toward the arterial roadway or the collector roadway and away from residential uses.

   (aa)   Adult care facility for six (6) to sixteen (16) persons & Residential facility for nine (9) - sixteen (16) persons:

      (1)   All activities, programs and other events shall be directly related to the conditional use applied for and as it is granted, and any changes from the approved conditional use shall be reviewed and approved by the Planning Commission according to the procedures in Chapter 1241. All activities, programs and other events shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.

      (2)   The architectural design and site layout of the facility and the height of any walls, screens, or fences connected with any said facility shall be compatible with adjoining land uses and the residential character of the neighborhood.

      (3)   The applicant shall demonstrate that adequate qualified supervision will exist in the home on a twenty-four (24)-hour per day basis.

      (4)   The applicant shall comply with the applicable parking regulations of the Zoning Code and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors. The use of alternative pavements such as brick pavers or porous pavement is encouraged to retain the residential character in these Districts. Parking for visitors and employees shall be located behind the front building line, except as provided in Schedule 1287.04. An exception to this requirement may be granted due to the shallow depth of the parcel, the location of mature trees, or other similar factors.

      (5)   The facility shall meet local fire safety and building code requirements for the proposed use and level of occupancy.

      (6)   Evidence shall be presented that the proposed facility meets the certification, licensing or approval requirements of the appropriate state agency. Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the facility's conditional use approval.

      (7)   In considering whether to grant the conditional use, the Planning Commission shall take into consideration the proximity and location of other such facilities within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use, but in no event shall an adult care facility be closer than one thousand (1,000) feet from where an adult care or residential facility is located. Separation distances are measured from property line to property line by the shortest distance.

   (bb)   Public service facility:

      (1)   Facilities shall be limited to structures that are essential for the distribution of services to the local area.

      (2)   There shall be no outdoor storage of general materials.

      (3)   Outdoor storage of fleet vehicles used in the operation of the facility may be permitted provided such storage areas are located in the side or rear yard on a paved surface and are screened in accordance with Chapter 1296, Landscaping, Screening, and Open Space Regulations.

   (cc)   Portable Storage Container:

      (1)   All portable storage containers shall be in a condition free from rust, peeling paint and other forms of deterioration.

      (2)   All portable storage containers shall be located on private property on a paved surface or driveway.

      (3)   The placement of portable storage containers shall not impede on and off site traffic movements.

      (4)   The Planning Commission may require the screening of portable storage containers if such containers are located adjacent to “R” Districts or if the containers would otherwise detract from the site.

      (5)   Portable storage containers shall not be located in required parking spaces, unless the Planning Commission finds that such placement shall not negatively impact on-site parking conditions.

(Ord. 2010-059. Passed 3-7-11; Ord. 2018-003. Passed 2-20-18.)