It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses pose characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually. These specific uses, as they are specially permitted under the provisions of Article VIII, shall follow the procedures and requirements set forth in §§ 1102 through 1103.02, inclusive.

(Res. 669-94-72, § 1101, effective 4-5-1995)

   An application shall be submitted to the Board of Zoning Appeals and it shall contain the following data:

   A.   Name, address, and phone number of applicant;

   B.   Legal description of property;

   C.   Description of existing use;

   D.   Zoning district;

   E.   Description of proposed conditional use;

   F.   The location and dimensions of all proposed drives, service and access roads, sidewalks, curb openings, signs, exterior lighting, parking lot areas (show dimensions of a typical parking space), unloading areas, walls, fences and landscaping;

   G.   Proposed land uses and proposed height, bulk and location of principal structures sufficient to permit an understanding of the style of the development. In this regard, typical elevation views of the front and side of each type of building should be provided. Proposals containing residential units shall specify the number of housing units by size, type, and respective location upon the site;

   H.   A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes, and vibration on adjoining property; discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the Zoning District Map;

   I.   The fee payment for the conditional zoning permit; and

   J.   The Zoning Administrator may waive certain required submission items identified in subsections F and G above if he determines that their inclusion in any individual application is unnecessary.

(Res. 669-94-72, § 1102.01, effective 4-5-1995)

   The Board of Zoning Appeals shall review the proposed development as presented on the submitted plans and specifications in terms of the standards established in this code. Such review shall be completed and a public hearing may be held according to the procedures specified in §§ 1407 through 1410 within a following the submission of such application.

(Res. 669-94-72, § 1102.02, effective 4-5-1995; Res. 57-18-182, effective 1-5-2018)

   Within thirty (30) days after the review described in § 1102.02, the Board shall either approve, approve with supplementary conditions as specified in §§ 1103 through 1103.02, or disapprove the application as presented. If the application is approved or approved with modifications, the Board shall direct the Zoning Administrator to issue a conditional use permit listing the specific conditions specified by the Board for approval.

(Res. 669-94-72, § 1102.03, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

   Only upon conclusion of review procedures relative to a particular application may the Board of Zoning Appeals issue a conditional use permit. The breach of any condition, safeguard, or requirement shall automatically invalidate the permit granted, and shall constitute a violation of this zoning resolution. Such violation shall be punishable as specified in § 511.

(Res. 669-94-72, § 1102.04, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

   A conditional use permit shall be deemed to authorize only one particular conditional use and said permit shall automatically expire if, for any reason, the conditional use shall cease for more than two (2) years.

(Res. 669-94-72, § 1102.05, effective 4-5-1995)

   No application for a conditional use permit which has been denied wholly or in part by the Board of Zoning Appeals shall be resubmitted until the expiration of one (1) year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration by the Board of Zoning Appeals.

(Res. 669-94-72, § 1102.06, effective 4-5-1995)

   The Board of Zoning Appeals shall review the particular facts and circumstance of each proposed use in terms of the following standards and shall find adequate evidence that such use on the proposed location:

   A.   Is in fact a conditional use as established under the provision of Article VIII, district requirements, for the zoning district involved;

   B.   Will be harmonious with and in accordance with the general objectives, or with any specific objectives of the county and/or this zoning resolution(see § 201 A.1. through 5.);

   C.   Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity;

   D.   Will not be hazardous or disturbing to existing or future neighboring uses;

   E.   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;

   F.   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

   G.   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors;

   H.   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and

   I.   Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.

(Res. 669-94-72, § 1103.01, effective 4-5-1995; Res. effective - -1995; Res. 80-13-159, effective 7-5-2013)

   Following is a list of standards for conditional and permitted uses as specified in the respective district regulations contained within Article VIII of this code. These standards shall be used in conjunction with other standards as required in the respective zoning district in which the conditional use is proposed. In the event of conflicting standards, the conditional use standard shall prevail.

   A.   Adult entertainment facility.

      1.   No adult entertainment facility shall be established within one thousand (1,000) feet of any area zoned for residential use.

      2.   No adult entertainment facility shall be established within a radius of one thousand (1,000) feet of any school, library, or teaching facility, whether public or private, governmental or commercial, which school, library, or teaching facility is attended by persons under eighteen (18) years of age.

      3.   No adult entertainment facility shall be established within a radius of one thousand (1,000) feet of any park or recreational facility attended by persons under eighteen (18) years of age.

      4.   No adult entertainment facility shall be established within a radius of one thousand (1,000) feet of any other adult entertainment facility or within a radius of two thousand (2,000) feet of any two (2) of the following establishments:

         a.   Establishments for the sale of beer or intoxicating liquor for consumption on the premises;

         b.   Pawn shops;

         c.   Pool or billiard halls;

         d.   Pinball palaces, halls, or arcades; or

         e.   Dance halls or discotheques.

      5.   No adult entertainment facility shall be established within a radius of one thousand (1,000) feet of any church, synagogue, or permanently established place of religious services which is attended by persons under eighteen (18) years of age.

      6.   Advertisements, displays, or other promotional materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, of from other areas public or semiprivate.

      7.   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 public or semi-public areas.

      8.   No employees of the subject establishment shall conduct themselves outside the confines of the structure in such attire and/or by actions in a manner distracting, distasteful, and/or detrimental to adjacent business interests, residents, or passers-by.

      9.   No screens, loudspeakers, or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned by the public from public or semi-public areas.

      10.   In granting any such conditional use, the Board may prescribe any conditions that it deems necessary in the public interest. However, no conditional use shall be approved by the Board unless it finds that the use for which such approval is sought is not likely to be dangerous or detrimental to nearby properties, that the use will not be contrary to any program of conservation or improvement, either residential or nonresidential, or be contrary to the public safety, morals, and general welfare of the county.

   B.   Agricultural services.

      1.   Agricultural services shall include commercial activity that primarily serves the farming community, such as tractor and farm implement sales, welding shops, grain elevators, doctor and dentist offices, saw sharpening, farming machinery and repair (including automobiles and trucks), and grocery stores, if determined by the Board of Zoning Appeals to be needed and appropriate.

      2.   Structures used for agricultural services and/or related storage shall be minimum distance of:

         a.   One hundred (100) feet from any dwelling; or

         b.   One hundred (100) feet from any residential district.

      3.   The site shall have adequate access onto a hard-surfaced state highway or county road, that is regularly maintained and adequate to handle the additional traffic generated by the use.

      4.   Adequate parking shall be provided so as not to interfere with vehicular traffic on adjacent thoroughfares.

      5.   The applicant shall demonstrate that the proposed operations will not be detrimental to the vicinity or surrounding properties.

      6.   No outdoor disassembly or repair of farm machinery shall be permitted.

      7.   All equipment used in the 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.

      8.   All exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any adjoining residence or property in a residential district.

   C.   Airports and landing strips.

      1.   The applicant shall demonstrate that the proposed operations will not be detrimental to the vicinity or surrounding properties.

      2.   The proposed facility shall meet the appropriate standards and requirements of the Federal Aviation Administration.

      3.   The airport, in accordance with the standards and requirements of the Federal Aviation Administration, will not require the heights of structures on adjacent land to be less than the height limit specifically prescribed for the district in which such land is situated.

      4.   All runways and service aprons shall have a dustless surface.

      5.   No area used by any aircraft under its own power shall be located within a distance of two hundred (200) feet from any property line; one thousand (1,000) feet from any public or private institution; or one thousand (1,000) feet from any residential or commercial district on the approach and departure ends of the runway. Buildings, hangars, or other structures shall be at least two hundred (200) feet from any property line, and no parking of vehicles shall be allowed within one hundred (100) feet from any property line.

      6.   Exterior lighting shall be shaded wherever necessary to avoid casting direct light upon any adjacent property or any adjacent public street.

   D.   Animal hospitals, veterinary clinics, and kennels.

      1.   Principal permitted uses:

         a.   The care of ill and/or injured household animals;

         b.   The overnight boarding of ill and/or injured household animals; and

         c.   The sale of goods used in the care of household animals.

      2.   Care and boarding shall be limited to small animals and may not include cattle, horses, or swine except in the Agricultural District.

      3.   All activities other than off-street parking and loading/unloading shall be conducted within a fully enclosed structure. Outside runs shall be permitted only in the agricultural and commercial districts where they shall be at least two hundred (200) feet from any lot in a residential district.

      4.   Structures shall be designed and maintained in a manner to prevent the development of unsanitary conditions which could result in unpleasant odor or vermin nuisance.

      5.   Rooms intended to accommodate animals shall be insulated, or otherwise soundproofed and vented, so that animal noises will not be audible at any point on the perimeter of the property.

      6.   A solid wood fence or masonry wall six (6) feet high shall be constructed where an animal hospital, veterinary clinic, or kennel is located adjacent to a residential district. The applicant shall also meet the requirements of § 817.11.

   E.   Automobile service stations, repair and body shops.

      1.   Automobile service stations doing no major repair work shall have a minimum lot size of fourteen thousand (14,000) square feet. All other uses shall have a minimum lot size of twenty thousand (20,000) square feet.

      2.   Minimum front yard:

 

 

      3.   All outdoor display areas shall be located a minimum of twenty-five (25) feet from any adjacent residential property, and any buildings used for service and repair work shall be located at minimum of fifty (50) feet from any adjacent residential property.

      4.   Outdoor display of merchandise on the site shall be restricted to the following:

         a.   Small supplies at the pump island of lubricating oils, additives, antifreeze, windshield wiper blades, and similar items;

         b.   Tire displays and vending machines, if located within or immediately adjacent to the perimeter of the service station building; and

         c.   All other merchandise shall be located completely within the enclosed service station building.

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

      6.   A solid wood fence or masonry wall at least six (6) feet high shall be provided on any side of the site adjacent to a residential property.

      7.   Activities at automobile service stations shall be limited to:

         a.   The sale of petroleum fuel, primarily to passenger vehicles;

         b.   The servicing of motor vehicles with minor repair work;

         c.   The following accessory uses:

            1)   Machine vending of merchandise;

            2)   Washing automobiles, provided that no chain conveyer, steam cleaner, or other mechanical device is used;

            3)   Retail sale of miscellaneous products relating to minor repair work (oil, grease, antifreeze, tires, batteries, windshield wipers, and similar items);

            4)   Rental of trucks and trailers, provided that no more than ten (10) percent of the total site shall be devoted to such activity; no rental units over thirty (30) feet in length shall be permitted to be stored either in required off-street parking spaces or within required front building setback; and a minimum of one hundred sixty (160) square feet of lot area shall be provided for every trailer to be stored and three hundred twenty (320) square feet for every truck to be stored.

         d.   Specifically prohibited is major repair work, including automobile body repair and painting, automobile glass work, automobile transmission work, automobile engine overhaul and repair, and radiator repair work.

      8.   For all uses regulated by this subsection E, all hydraulic hoists, oil pits, and all lubricants, greasing, and repair equipment shall be enclosed entirely within a building. No outdoor disassembly or repair of motor vehicles shall be permitted.

      9.   All areas not paved or covered by the buildings shall be landscaped, and all landscaped areas shall be separated from all paved areas by a six-inch high curb.

      10.   Ingress and egress drives shall not be more than thirty (30) feet as measured at the property line.

      11.   No more than one (1) curb opening shall be permitted for every fifty (50) feet of frontage (or major fraction thereof) along any street, with a maximum of two (2) per frontage.

      12.   Driveways opening on traffic lanes leading to the intersection at which the business is situated shall be located as to provide not less than seventy five (75) feet spacing between the intersection formed by the adjacent street right-of-way lines and the nearest side of such driveway. Driveways opening on traffic lanes leading away from the intersection shall be located so as to provide not less than fifty (50) feet spacing between the intersection formed by the adjacent street right-of-way lines and the nearest side of such driveways, measured along the right-of-way line.

      13.   Exterior lighting shall be directed inward and away from abutting properties.

      14.   External areas for storage of rubbish and other discarded materials shall be completely screened by the use of a properly maintained, rigid fence.

   F.   Automobile wrecking and metal salvaging, sales, and storage.

      1.   Automobile wrecking and metal salvaging, sales, and storage shall be effectively screened on all sides by means of a masonry wall or solid fence not less than six (6) feet high.

      2.   Immediate access to a major thoroughfare shall be required.

      3.   The site shall be a minimum distance of six hundred (600) feet from any property zoned for residential purposes.

   G.   Banks, with drive-through facilities.

      1.   A minimum lot area of twenty thousand (20,000) square feet is required.

      2.   Drive-in windows and lanes shall be located at least fifty (50) feet from any residential property, and a solid wood fence, hedge, or masonry wall at least six (6) feet in height shall be provided where a drive-in window is located adjacent to a residential property.

      3.   In addition to the off-street parking spaces required within Article IX of this code, five (5) off-street parking spaces per drive-in window or drive-through teller machine shall be provided for stacking purposes.

      4.   Customer and employee parking shall be separated from drive-in activities, and customer parking shall be located in the area with highest accessibility to the principal building.

      5.   The circulation system shall provide smooth, continuous traffic flow with efficient, non- conflicting movement throughout the site. Major pedestrian movements shall not conflict with major vehicular circulation movements.

   H.   Bars and taverns.

      1.   Minimum lot area shall be ten thousand (10,000) square feet.

      2.   The structure shall be set back at least thirty five (35) feet from any residential property, and a solid fence, wall, or hedge six (6) feet in height shall be provided on any side of the site adjacent to a residential property.

      3.   No bar or tavern shall be located closer than two hundred fifty (250) feet to a church, school, or similar institution.

      4.   Access shall be from an arterial street or shall be provided in a manner that does not cause heavy traffic on residential streets.

      5.   An assessment shall be made of the probable effects of the proposed facility’s parking provisions and evening operations on the surrounding area.

   I.   Bed and breakfast facilities.

      1.   No restaurant shall be permitted. Food service shall be limited to breakfast and to resident guests only.

      2.   The establishment shall be owner-occupied and -managed.

      3.   No amplified music or outdoor parties shall be permitted.

      4.   One (1) off-street parking space shall be provided for each guest room.

      5.   The parking area shall not be located within the setbacks of the required yards.

      6.   Parking lots for bed and breakfast inns shall be located at least fifty (50) feet from any adjacent, single-family zoned property.

      7.   All parking shall be adequately screened as per provisions in § 902 of this County Zoning Resolution.

      8.   All requirements of the County Health Department, Fire Marshal’s Office, Building Code as well as any required state codes shall be certified before an occupancy permit is issued.

      9.   Where allowed in single-family zones, the principal building must appear outwardly to be a single-family dwelling, giving no appearance of a business use other than permitted signs and off-street parking.

      10.   Signage shall be discreet and unobtrusive. For facilities located in residentially zoned areas, such signage may consist of a flat wall sign not over six (6) square feet mounted on the principal building; or as a freestanding sign up to five (5) square feet. Such sign may also be affixed to a front yard fence.

   J.   Bowling alley, indoor skating, and similar uses.

      1.   The structure shall be set back at least fifty (50) feet from any residential property, and a solid fence, wall, or hedge six (6) feet in height shall be provided on any side of the site adjacent to a residential property.

      2.   Access shall be from an arterial street or should be provided in a manner that does not cause heavy traffic on residential streets.

      3.   An assessment shall be made of the probable effects of the proposed facility’s parking provisions and evening operations on the surrounding area.

   K.   Building materials sales yards.

      1.   Immediate access to a major thoroughfare shall be required.

      2.   All storage that is not totally enclosed by a building shall be enclosed by a six (6) foot fence and gate that provides both security and a visual barrier. Where this outdoor storage is located adjacent to a residential district, there shall be planted, along the outside face of the required fencing, mature evergreens at thirty (30) foot intervals.

   L.   Car washes.

      1.   Minimum lot area shall be twenty thousand (20,000) square feet.

      2.   All structures shall be located at least fifty (50) feet from any adjacent residential property.

      3.   All washing facilities shall be included entirely within an enclosed building except that entrance and exit doors may be left open during the hours of operation.

      4.   Vacuuming and/or steam cleaning equipment may be located outside, but shall not be placed in the yard adjoining a residential district. Mechanical drying equipment and/or hand drying of motor vehicles must be performed on the premises.

      5.   A hard-surfaced exit drive not less than forty (40) feet in length shall be provided between the exit doors and the streets.

      6.   A solid fence, wall, or hedge six (6) feet high shall be required when a car wash is adjacent to a residential district.

      7.   The following hard-surfaced, dust-free, off-street parking spaces shall be provided:

         a.   Six (6) waiting spaces and two (2) storage spaces for each car washing device or stall; or ten (10) off-street waiting spaces for an assembly line type washing establishment where vehicles await entrance to the washing process;

         b.   Two (2) employee parking spaces for every three (3) employees; and

         c.   Two (2) parking spaces at the exit end of each washing bay for drying and hand finishing of vehicles.

      8.   Access shall be from an arterial street or major collector street.

   M.   Cemeteries.

      1.   Cemetery, general

         a.   For purposes of this section, an office, crematorium, mausoleum, and other buildings or structures necessary to the operation of a cemetery shall be permitted as accessory uses thereto.

         b.   Minimum site area for a commercial cemetery shall be twenty (20) acres.

         c.   Location: the site shall be located with at least three hundred (300) feet of frontage on a street designated as a secondary arterial or higher.

         d.   Minimum setback lines of at least fifty (50) feet shall be provided along all street right-of-way lines and adjoining property lines; provided, however, internments, markers, and gatehouses may be located not closer than thirty (30) feet to any adjoining property line when not in excess of fifteen (15) feet in height.

         e.   Mausoleums or crematoriums shall be a distance of at least two hundred (200) feet from adjacent property lines and street right-of-way lines.

         f.   Maximum height shall be fifty (50) feet.

      2.   Private church cemetery

         a.   A church located in an appropriately zoned district may have a private cemetery to be used solely by those members of the church. The designated cemetery plot shall be an accessory to the church. Said area may not exceed thirty five percent (35%) of the entire tract of land upon which the church is located.

         b.   All setback and height restrictions in the general provisions above shall apply.

         c.   No crematoriums shall be permitted.

   N.   Churches, libraries, community, and recreation centers.

      1.   Minimum lot area shall be one (1) acre.

      2.   All sites shall have access only from an arterial or collector street or shall provide access in a manner that does not cause heavy traffic on residential streets.

      3.   All structures and active outdoor recreation uses shall be set back a minimum of fifty (50) feet from any residential property; however, any outdoor recreation area with night lighting shall be set back one hundred (100) feet from any residential property.

      4.   Parking spaces for church buses shall be located as far a distance from any adjacent residential property line as possible. A minimum of fifty (50) feet shall be required in any case.

   O.   Clinics.

      1.   A medical or dental clinic may be allowed upon a finding by the Board that the use will not constitute a nuisance because of the traffic, noise, or physical activity, and that such use will not affect adversely the present character or future development of the surrounding residential community, subject to the following specific conditions:

         a.   Minimum area, 40,000 square feet;

         b.   Minimum frontage, 200 feet;

         c.   Minimum setback, 40 feet from all property lines;

         d.   Maximum building height, as specified in the zone;

         e.   Maximum building coverage, 15%; and

         f.   Location of access on business district street, arterial, or major highways.

      2.   Accessory services, including laboratories and pharmacies for the use of patients visiting medical practitioners in the clinic, may be permitted as part of the clinic facility, subject to the following specific conditions:

         a.   All entrances to parts of the building in which these accessory services are provided shall be from within the building, and any direct access from the street is prohibited; and

         b.   The hours during which these services are provided shall be the same as those during which medical practitioners are receiving patients.

   P.   Clubs, private and public, golf and country clubs, and lodges operated by educational, social, or fraternal organizations.

      1.   Accessory uses necessary to the operation of such use, such as clubhouses, restaurants, bars, swimming pools, and similar activities, shall be permitted; provided, however, such uses where the conduct of business is the principal activity shall not be permitted.

      2.   The lot shall be located so as to abut a collector street, secondary thoroughfare, or major thoroughfare with at least one (1) property line.

      3.   Adequate lot areas shall be provided for the use contemplated.

      4.   Minimum setback lines shall be one hundred (100) feet from an adjoining property line; provided, however, the distance from the center and centerline of all greens and fairways shall be at least one hundred fifty (150) feet from an adjoining property line.

      5.   When any softball, baseball, soccer, or football field, tennis court, structured play area, or parking area is located less than one hundred fifty (150) feet from any residential property, a continuous planting screen not less than six (6) feet in height shall be provided.

   Q.   Community-based residential social service facilities.

      1.   Submission requirements. The operator or agency applying for a conditional use permit to operate a community-based residential social service facility shall submit the following information to aid the Board of Zoning Appeals in its review of the requested facility:

         a.   A site plan showing the location of all structures and the floor plan of the principal structure. This plan shall indicate any proposed exterior and/or interior alterations and/or additions. In the event any exterior alterations and/or additions are proposed, elevations of the structure shall be submitted;

         b.   A license or evidence of ability to obtain a license, if such is required, from the pertinent governmental unit prior to operation. Prior to the issuance of a final certificate of occupancy, the operator or agency shall provide evidence that a valid license has been issued or is obtainable for this proposed conditional use on the subject property. If licensing is not available, a verified affidavit so stating shall be presented;

         c.   The occupancy and staffing standards that will be utilized in operating the home; and

         d.   The care, services, and programs provided for the clientele by the facility.

      2.   Facility requirements.

         a.   Every room occupied for sleeping purposes within the home shall contain a minimum of eighty (80) square feet of habitable room area for one (1) occupant, and when occupied by more than one (1) shall contain at least sixty (60) square feet of habitable room area for each occupant. Living rooms, dining rooms, kitchens, corridors, closets, basements, or porches shall not be used as sleeping rooms.

         b.   Suitable space shall be provided for indoor and/or outdoor recreational activities for the clientele served, based upon generally accepted recreational standards or those specified by the licensing authority.

         c.   No exterior alterations of the structure shall be made which depart from the residential character of the building. All new structures prepared shall be of compatible residential design with the surrounding neighborhood, to the degree possible.

         d.   Off-street parking requirements: one (1) space per every three (3) persons residing in a family or community-based residential social service facility except for facilities prohibiting ownership or operation of automobiles by occupants of such facilities. In any case, suitably screened off-street parking shall be provided on a one-to-one ratio to the number of autos operated out of the facility. Within neighborhoods in which on-street spaces directly abut the subject lot, those spaces may substitute for a proportion of the required off-street spaces if approved by the Board of Zoning Appeals.

         e.   Resident density shall not exceed that density permitted within the respective zoning district in which the facility is proposed.

         f.   The facility shall have twenty four (24) hour supervision consistent with pertinent supporting agency standards subject to review and final approval by the Board of Zoning Appeals.

      3.   Findings by the Board of Zoning Appeals. In its review of each proposed facility, the Board of Zoning Appeals shall make specific findings of fact relative to the following criteria. The proposed facility:

         a.   Is in fact a community-based, residential social service facility licensed by the appropriate authority to provide such service within this state and county. If such licensing is not available, a certified affidavit so stating has been presented to document this statement;

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

         c.   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;

         d.   Will not involve uses, activities, and conditions of operation that will be detrimental to any persons, property, or the general welfare; or

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

   R.   Congregate housing.

      1.   Licensing or approval of facility by the central licensing body.

      2.   The facility shall not be used to house more residents than can be housed therein consistent with the health, safety, and welfare of residents, as determined by the central licensing body.

      3.   Every room occupied for sleeping purposes within the house shall contain a minimum of eighty (80) square feet of habitable floor area for one (1) occupant, and when occupied by more than one (1) individual, shall contain at least sixty (60) square feet of habitable floor area for each occupant.

      4.   No exterior alterations of the structure shall be made which depart from the residential character of the building. All new structures shall be compatible in residential design with the surrounding neighborhood.

   S.   Day care centers and nursery schools.

      1.   Day care centers for seven (7) or more children shall have a minimum lot area of seven thousand five hundred (7,500) square feet, or five hundred (500) square feet per child, whichever is greater. Home child care of six (6) or fewer children is considered a home occupation and is regulated by provisions of subsection Y below.

      2.   There shall be provided a minimum of one hundred (100) square feet of fenced outdoor play area per child.

      3.   An on-site drop-off area shall be provided at the main entrance to the facility sufficient to accommodate four (4) automobiles for facilities with twenty (20) or fewer children, plus one (1) additional vehicle for each additional ten (10) children served.

      4.   Access to an arterial or collector street is required or access shall be provided in a manner that does not cause heavy traffic on residential streets.

      5.   All outdoor play areas shall be enclosed by a fence or wall a minimum of five (5) feet in height, except that a minimum six (6) foot high wall, solid wood fence or chain link fence planted with a continuous evergreen screen shall be provided around all outdoor play areas abutting a residential property.

      6.   Use of outdoor play areas shall be limited to between the hours of 8:00 a.m. and 8:00 p.m.

      7.   The Zoning Administrator has the power to require additional fencing, screening, and/or other measures deemed necessary to protect the health, safety, and welfare of children using day care centers in commercial, industrial, or other high hazard areas, or to deny a request to locate a facility in such areas based on health and safety considerations.

   T.   Drive-in, fast-food and carry-out restaurants.

      1.   All points of entrance or exit should be located no closer than one hundred (100) feet from the intersection of two (2) arterial thoroughfares, or no closer than fifty (50) feet from the intersection of an arterial street and a local or collector street.

      2.   No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway, and no lighting shall shine directly on adjacent properties.

      3.   There shall be two (2) separate driveways located along the frontage(s) providing both ingress and egress to and from the property. These separate driveways shall have a minimum distance of twenty (20) feet between them, and shall not exceed forty (40) feet in width at the curbline, nor thirty (30) feet in width at the property line. No such driveway shall be located closer than twenty five (25) feet to an adjacent property line in a residential district, nor ten (10) feet to an adjacent property line in any other zoning district; and on corner lots shall not be located closer than forty (40) feet to an adjacent intersection.

      4.   Wherever feasible, the applicant is encouraged to design and construct a common service drive to accommodate individual access drives within the development. When located upon an arterial thoroughfare, the Board of Zoning Appeals may require such service drives by construction or performance bonds in lieu of such construction be presented to the County Commission prior to the issuance of a building permit for the proposed structures.

      5.   All permitted installations shall be kept in a neat and orderly condition so as to prevent injury to any single property, any individual, or to the community in general.

      6.   a.   A setback of fifty (50) feet shall be provided along the entire perimeter of the development, except where it adjoins a business or industrial district, in which case setback and screening requirements shall be at the discretion of the Board of Zoning Appeals. Where situated adjacent to a residentially zoned area, a minimum of twenty (20) feet along the exterior property line shall be planted with evergreen shrubs not less than four (4) feet in height at the time of planting. Open storage, service, and loading areas shall be screened by walls, fences, or other enclosures at least six (6) feet in height. These walls, fences, or enclosures shall have an opaqueness of seventy five (75) percent or more. Screening facilities shall not obscure traffic visibility within fifty (50) feet of an intersection.

         b.   Said sight-proof screening provisions shall appear on the site plan submitted for a building permit, and shall be physically constructed when the business is occupied. These screening requirements may be waived if business is effectively screened by natural topography. The Board of Zoning Appeals shall determine by whatever means it deems necessary to make such determination, and grant such relief from this standard in writing to the proposed user of the land.

      7.   Parking may be located in the front yard in the case of fast-food or carry-out restaurants only.

   U.   Drive-in theater.

      1.   The lot location shall be such that at least one (1) property line abuts a major thoroughfare and shall be at least one thousand (1,000) feet from any residentially zoned district.

      2.   The premises shall be enclosed with a solid screen fence seven (7) feet in height.

      3.   All points of entrance or exit shall be located no closer than two hundred fifty (250) feet to any intersection (as measured to the nearest intersection right-of-way line).

      4.   The interior of the premises shall be designed with respect to lighting, drainage, and the like, to the satisfaction of the Board of Zoning Appeals.

      5.   Space shall be provided, on-premises, for a reasonable amount of waiting vehicles to stand at the entrance of the facility.

      6.   The theater screen shall not face, directly, or obliquely by less than seventy five (75) degrees, a major thoroughfare.

      7.   Acceleration and deceleration lanes shall be provided at points of public ingress and egress to the site.

      8.   Individual loudspeakers for each car shall be provided and no central loudspeaker shall be permitted.

      9.   Exits and aisles and passageways leading to them shall be kept adequately lighted at all times when open to the public. Artificial lights shall be provided whenever natural light is inadequate.

   V.   Elderly housing facility.

      1.   In any zone where authorized, housing and related facilities for elderly or disabled persons may be permitted upon a finding by the Board of Zoning Appeals that:

         a.   The proposed use will not produce adverse effects on the use or development of the surrounding area because of noise, traffic, type of physical activity, or any other reason;

         b.   The site has adequate accessibility to transportation, medical service, shopping areas, recreational, and other community services frequently desired by elderly and disabled persons; and/or

         c.   The site is reasonably well protected from excessive noise, air pollution, and other harmful physical influences.

      2.   The following development standards shall apply.

         a.   Minimum area of the lot shall be one and one-half (1-1/2) acres, provided that in no case shall the minimum lot area be less than that specified in the zone in which the land is classified.

         b.   Minimum setbacks and lot coverage shall be as specified for the zone.

         c.   The Board of Zoning Appeals may permit a greater height than specified in the zone provided that the height shall not exceed fifty (50) feet, unless an additional setback of one (1) foot is provided for each additional foot of height above fifty (50) feet.

         d.   Maximum density shall be as follows: one (1) residential unit per one thousand five hundred (1,500) square feet of net lot area in UR (Urban Residential) Districts.

         e.   Ancillary facilities, such as dining rooms, workshops, and retail stores serving exclusively the occupants of the building, may be included, if loading areas serving these facilities are not visible from any property line and if there is no exterior announcement or other evidence of retail facilities.

   W.   Extraction activities.

      1.   The applicant shall secure a permit from the State Department of Natural Resources, Division of Reclamation, in addition to any requirements imposed herein. Such permit shall be secured by the applicant prior to the granting of a conditional use certificate by the Board of Zoning Appeals.

      2.   a.   An application for such operation shall set forth the following information:

            1)   Name of the owner or owners of land from which removal is to be made;

            2)   Name of the applicant making request for such permit;

            3)   Name of the person or corporation conducting the actual removal operation;

            4)   Location, description, and size of the area from which the removal is to be made;

            5)   Location of processing plant to be used;

            6)   Type of resources or materials to be removed;

            7)   Proposed method of removal and whether or not blasting or other use of explosives will be required;

            8)   Description of equipment to be used; and

            9)   Method of rehabilitation and reclamation of the mine area.

         b.   Applications shall be submitted and hearings shall be conducted in the manner set forth in § 1102.01 and in Article XIII.

      3.   A permit for any quarrying may be issued for any period of from one (1) to five (5) years, at the discretion of the Board of Zoning Appeals, but shall not be issued until after the applicant shall have filed with the County Clerk a bond as described in subsection W.15 below.

      4.   The applicant must demonstrate that such operations will not be detrimental to the vicinity or surrounding properties.

      5.   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.

      6.   No mining, quarrying, gravel or sand extraction, or stockpile, shall be permitted nearer than fifty (50) feet to the boundary of the property being utilized for such use, or such greater distance as specified by the Board of Zoning Appeals where such is deemed necessary for the protection of adjacent property. Such distance requirements may be reduced to twenty five (25) feet by written consent of the owner or owners of abutting property.

      7.   In order to ensure adequate lateral support, all sand and gravel excavations shall be located at least one hundred fifty (150) feet, or backfilled to at least one hundred fifty (150) feet, and all quarrying or blasting shall be located at least fifty (50) 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, highway, or railway.

      8.   Whenever the floor of a mine or quarry is more than five (5) 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 (6) 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 (25) feet from any street, road, highway, or boundary of the quarry property. Fencing or other suitable barrier shall be erected and maintained around the entire site or portions thereof where, in the opinion of the Board of Zoning Appeals, such fencing or barrier is necessary for the protection of the public safety, and shall be of a type specified by the Board.

      9.   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.

      10.   All means of access to the property from any street shall be so located and so designed as to avoid the creation of dangerous or otherwise undesirable traffic conditions and so as to avoid the routing of vehicles to and from the property over streets that primarily serve abutting residential development.

      11.   All work conducted in connection with such operations shall be done between the hours of 7:30 a.m. and 5:00 p.m.

      12.   When any quarrying has been completed, such excavated areas shall either be left as a permanent spring-fed lake if such lake has an average depth of twenty (20) feet or more, or the bottom floor thereof shall be leveled to prevent the collection and stagnation of water and to provide property drainage without excessive soil erosion, and said 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 (6) foot mound of earth planted with a double row of multiflora rose bushes or other equally effective planting.

      13.   The bans of all excavations not backfilled shall be sloped to the water line at a grade of not less than three (3) feet horizontal to one (1) foot vertical, and such banks shall be sodded or surfaced with at least six (6) 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 grassed revegetation if 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.

      14.   All equipment and structures shall be removed from the mined area when all mining has been completed.

      15.   There shall be filed with the County Clerk, a bond, payable to the county and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The rate of the required bond shall be fixed by resolution of the County Commissioners. The bond shall be released upon written certification of the Zoning Administrator that the restoration is completed and in compliance with the restoration plan.

   X.   Funeral homes and mortuaries.

      1.   The property and building shall conform to the following:

         a.   The percentage of lot covered by buildings shall not exceed 15%;

         b.   Minimum lot area, 1 acre;

         c.   Minimum front yard setback, 75 feet;

         d.   Minimum side yard setback, 25 feet each side;

         e.   Minimum rear yard setback, 25 feet;

         f.   Building height limit, same as specified in the applicable zone; and

         g.   Minimum frontage at the building line, 100 feet.

      2.   All hearses, limousines, and other related business vehicles shall be stored within an enclosed building when not in use.

      3.   The required number of off-street parking spaces shall be designed in parallel aisles so as to facilitate the structuring of funeral processions that leave from the funeral home site to travel to the cemetery.

      4.   The following additional requirements shall also be met. Special conditions, such as provisions for additional fencing or planting or other landscaping, additional setback from property lines, location and arrangement of lighting and other reasonable requirements deemed necessary to safeguard the general community interest and welfare, as may be invoked by the Board of Zoning Appeals as requisites to the granting of a conditional use.

   Y.   Gaming arcades.

      1.   Gaming arcades shall be located no closer than one-half (1/2) mile from any elementary, junior, or senior high school; no closer than five hundred (500) feet of any church, no closer than three hundred (300) feet of any tavern or cocktail lounge.

      2.   Minimum lot area shall be ten thousand (10,000) square feet.

      3.   All structures shall conform with the lot and screening requirements of the respective zoning district in which located and shall conform to the following when located adjacent to a residential structure. All structures shall be located at least fifty (50) feet from any residential property, and a solid fence, wall, or hedge six (6) feet in height shall be provided on any side of the site adjacent to a residential property.

      4.   Access shall be from an arterial or a commercial collector street, or shall be provided in a manner that does not cause excessive traffic on residential streets.

      5.   No game arcade shall be open for business except between the hours of 10:00 a.m. and 10:00 p.m. on Sundays through Thursdays; and between the hours of 10:00 a.m. and 12:00 midnight on Fridays and Saturdays; except that no person under eighteen (18) years of age may enter, be, or remain in any part of a game arcade during such times as the County School System is conducting its regular education program.

      6.   Such activities shall be conducted entirely within an enclosed building.

      7.   Gaming arcades shall have an adult who is twenty one (21) years of age or older on the premises, and supervising at all times the activities within the arcade during all hours of operation.

   Z.   Guest house.

      1.   A guest house (without kitchen facilities) or rooms for guests in an accessory building, provided such facilities are used for the occasional housing of guests of the occupants of the principal building, and not as rental units or for permanent occupancy.

   AA.   Home occupations.

      1.   General provisions.

         a.   A home occupation shall be permitted when said occupation conducted on residentially used premises is considered customary and traditional, incidental to the primary use of the premises as a residence, and not construed as a business.

         b.   Permitted home occupations shall be of a personal service nature limited to domestic crafts and professional service, including but not limited to:

            1)   Such domestic crafts as dressmaking, millinery, sewing, weaving, tailoring, ironing, washing, custom home furnishing work, carpentry work, and furniture repair; and

            2)   Such professions as law, medicine, architecture, engineering, planning, real estate, insurance, notary public, manufacturer’s agent, clergy, writing, painting, photography, and tutoring; provided, however, the service is limited to advice and consultation and the premises are not used for the general practice of the profession.

         c.   For the purposes of this code, real estate and insurance offices, clinics, doctor’s offices, barber shops and beauty parlors, dress shops, millinery shops, tourist homes, animal hospitals and kennels, and trailer rentals, among others, shall not be deemed to be permitted home occupations unless such home occupations meet the requirements of this section.

         d.   Permitted home occupations shall be subject to all the regulations of the applicable zone district.

         e.   Permitted home occupations shall not affect adversely the residential character of the zone district or interfere with the reasonable enjoyment of adjoining properties.

      2.   Standards.

         a.   The primary use of the structure of the dwelling unit shall remain residential and the operator of the home occupation shall remain a resident in the dwelling unit.

         b.   The operator conducting the home occupation shall be the sole entrepreneur, and he shall not employ any other person other than a member of the immediate family residing on the premises.

         c.   No structural additions, enlargements, or exterior alterations changing the residential appearance to a business appearance shall be permitted.

         e.   No more than twenty five (25) percent of the floor area of any one (1) story of the dwelling unit shall be devoted to such home occupations.

         e.   Such home occupations shall be conducted entirely within the primary building or dwelling unit used as a residence.

         f.   No additional and separate entrance incongruent with the residential structural design shall be constructed for the purpose of conducting the home occupation.

         g.   No provision for extra off-street parking or loading facilities, other than the requirements and permitted facilities of the zone district, shall be permitted. No part of a minimum required setback distance shall be used for off-street parking or loading facilities, and no additional driveway to serve such home occupation shall be permitted.

         h.   No display of goods or external evidence of the home occupation shall be permitted, except for one (1) non-animated, non-illuminating, non-flashing announcement plate, indicating not more than the name and address of the resident. Said plate shall be attached flat against the wall of the residence and shall not exceed one (1) square foot in total surface area.

         i.   No stock-in-trade or commodities, other than those prepared, produced, or created on the premises by the operator of the home occupation, shall be kept or sold on the premises.

         j.   No electrical or mechanical equipment shall interfere with local radio communications and television reception, or cause fluctuation in line voltage off the premises, or violate the general performance standards of § 817 of this code.

   BB.   Hospitals.

      1.   Minimum lot size shall be five (5) acres or one thousand five hundred (1,500) square feet per bed, whichever is greater.

      2.   Minimum frontage shall be two hundred (200) feet.

      3.   Setback: no portion of a building shall be nearer to the lot line than a distance equal to the height of that portion of the building, where the adjoining or the nearest adjacent land is zoned single- family detached residential or is used solely for single-family detached residences, and in all other cases not less than fifty (50) feet from a lot line.

      4.   Off-street parking shall be located so as to achieve a maximum of coordination between the proposed development and the surrounding uses and a maximum of safety, convenience and amenity for the residents of neighboring areas. Parking shall be limited to a minimum in the front yard. Subject to prior Board approval, a hospital may charge a reasonable fee for the use of off-street parking. Green area shall be located so as to maximize landscaping features, screening for the residents of neighboring areas, and to achieve a general effect of openness.

      5.   Access shall be from an arterial street.

      6.   The applicant shall request a recommendation from the Board with respect to a site plan, submitted by the applicant, achieving and conforming to the objectives and requirements of this subsection BB for off-street parking and green area.

      7.   Building height limit shall be sixty five (65) feet.

      8.   A resolution by the Health Services Planning Board approving the establishment of the hospital shall be filed with the petition for a conditional use.

   CC.   Intensive agricultural uses.

      1.   No new slaughter area, area for commercial storage or processing of manure or garbage, or the raising of livestock housing more than fifty (50) animal units shall be permitted within five hundred (500) feet of any existing residence located on an adjacent property or one thousand (1,000) feet from a residential yard area, school, or church.

      2.   Such operations shall certify that the operation shall adhere to accepted farming practice as currently recognized in the industry.

   DD.   Motels.

      1.   Any lot to be used for a motel or hotel shall be at least two (2) acres in area and shall contain at least one thousand (1,000) square feet per sleeping unit.

      2.   All structures shall be located at least thirty five (35) feet from any residential property, and a solid fence, wall, or hedge six (6) feet in height shall be provided on any side of the site adjacent to a residential property.

      3.   Access shall be from an arterial street or commercial collector or shall be provided in a manner that does not cause heavy traffic on residential streets.

   EE.   Reserved.

   FF.   Nursing homes, convalescent homes (other than those facilities regulated by provisions under subsection P above.)

      1.    Minimum lot size shall be two (2) acres.

      2.   The lot location shall be such that at least one (1) property line abuts a collector street, secondary thoroughfare, or major thoroughfare. The ingress and egress for off-street parking areas for guests and patients shall be directly from said thoroughfare.

      3.   The main and accessory buildings shall be set back at least seventy five (75) feet from the front property line, providing a minimum of twenty (20) foot side yards on both sides.

      4.   The facility shall be designed to provide a minimum of five hundred (500) square feet of open space for every bed used or intended to be used. This open space shall include landscaping and may not include off-street parking areas, driveways, required yard setback, and accessory uses.

   GG.   Riding academies, stables.

      1.   Minimum lot area shall be ten (10) acres.

      2.   Minimum setback lines for any structures, pens, or corrals housing animals shall be two hundred (200) feet from an adjoining property line, except where animals are kept in soundproof, air- conditioned buildings, in which case the required setback line is one hundred (100) feet.

      3.   Fencing shall be provided adequate to enclose the activities therein, and landscape screening shall be provided whenever such use abuts a residential zone district.

      4.   Sanitation facilities shall be approved by local Health District.

   HH.   Sanitary landfill.

      1.   The applicant must secure both a permit and an operating license from the State Department of Health.

      2.   The sanitary landfill site shall have adequate access onto a hard-surfaced state highway, county, or township road, that is regularly maintained.

      3.   The sanitary landfill site shall be a minimum distance of:

         a.   One thousand (1,000) feet from any state highway frontage;

         b.   One thousand, five hundred (1,500) feet from any residence; and

         c.   One thousand (1,000) feet from any residential district.

      4.   The sanitary landfill site shall be properly screened for vector control so that refuse does not spill over onto adjacent property.

   II.   Land application of municipal sewage sludge.

      1.   Application. Application for such municipal sludge disposal sites shall be accompanied by all comments and recommendations resulting from respective reviews by the local office of the OEPA, County Health Department, County Engineer, and the Soil and Water Conservation District. Reviews must be made within thirty (30) days of applicant’s request.

      2.   Review. Review of the Soil and Water Conservation District shall be initiated by the submission of a management plan and a site plan of the proposed site. Management plan approval shall be based upon but not limited to the satisfaction of the following operation and physical criteria.

         a.   Stockpiling of municipal sludge within the county shall meet the following conditions:

            1)   Site location has to be identified;

            2)   All polluting factors must be addressed;

            3)   Time frame not to exceed sixty (60) days;

            4)   Size of stockpile must be specified; and

            5)   Emergency/spill control plan must be filed.

         b.   Disease vectors (flies and rodents), pathogens, and odors must be controlled at the land application site and at the stockpiling site.

         c.   Application of the sludge must be controlled to avoid surface water runoff and the contravention of surface and ground water standards.

         e.   Sludge application rates must be based upon nutrient values of the sludge, i.e., sludge, soils, and the specified crop to be grown.

      3.   Site location shall be guided by the following criteria.

         a.   Sites shall be a minimum of six hundred (600) feet from residentially zoned land and/or existing residences unless a notarized waiver is signed by the affected parties.

         b.   Priorities shall be given to prospective land application sites whose soils rate low to medium in nutrient value as determined by soil tests performed by a recognized independent testing facility. Such test results shall be submitted by the applicant as part of the application process.

         c.   Priorities shall be given to land areas used for the production of food chain crops to which municipal sludge is applied under the conditions and restrictions relative to annual and cumulative additions of metals and the treatment of the sludge by processes to reduce pathogens as set forth in the U.S. EPA “Criteria for Classification of Solid Waste Disposal Facilities and Practices” (40 C.F.R. § 257.3-5, September 21, 1979) and the State EPA Land Application of Sludge Manual dated August 1985.

         d.   All municipal sludge application sites shall conform to the standards for preventing contamination of underground drinking water sources as set forth in the U.S. EPA regulations on “Criteria for Classification of Solid Waste Disposal Facilities and Practices” (40 C.F.R. § 257.3-5, September 21, 1979).

      4.   Truck routing plan. In addition to other pertinent submission items for review, the application for land application of municipal sewage sludge shall include a map depicting the roads within the county which the sludge trucks would use to and from the site, days of delivery, and time of delivery. The County Engineer and township trustees from the township involved shall review the proposed routing and forward their comments to the County Board of Zoning Appeals.

   JJ.   Schools.

      1.   For the purposes of this section, SCHOOLS are deemed to include public and private schools. Accessory uses and buildings necessary for the carrying out of the school program are permitted.

         a.   Elementary schools. Five (5) acres for two hundred (200) pupils or less, plus one (1) acre for each additional one hundred (100) pupils of maximum anticipated enrollment; provided, however, if an elementary school is located contiguous to a public park or other public open space of a perpetual nature of at least five (5) acres and the responsible agencies, therefore, have provided for the continuing joint usage of both the school and the open space, then the minimum lot area for such elementary school shall be three (3) acres for two hundred (200) pupils or less, plus one (1) acre for each additional one hundred (100) pupils of maximum anticipated enrollment.

         b.   Junior high school. Ten (10) acres for three hundred (300) pupils or less, plus one (1) acre for each additional one hundred (100) pupils of maximum anticipated enrollment.

         c.   High school. Twelve (12) acres for three hundred (300) pupils or less, plus one (1) acre for each additional one hundred (100) pupils of maximum anticipated enrollment.

      2.   Location: an elementary school site shall be located with at least two hundred (200) feet of frontage on a street designed as a collector street or higher. Junior high and high schools shall be located with at least two hundred (200) feet of frontage on a street designed as a secondary arterial or higher.

      3.   Minimum setback lines of at least fifty (50) feet shall be provided along all street right-of- way lines and adjoining property lines.

   KK.   Temporary and/or outdoor sales of plants and garden supplies.

      1.   Such uses shall not be placed within the street right-of-way, within an interior drive, or in a location which will interfere with vehicle sight distance.

      2.   Placement of the use will not result in the reduction of the number of parking spaces required to serve the principal use(s) on the site.

      3.   The subject use shall be maintained in good order and appearance.

      4.   Signage shall be controlled by the provisions of the specific zoning district in which located.

      5.   A specific schedule of operation shall be filed and approved as part of the submitted application for conditional use.

   LL.   Towers, radio, television, telecommunications, transmission lines (sixty nine thousand (69,000) volts or over). This section does not include ham radio towers which are governed by Article XI, § 1103.02 SS.

      1.   Evidence shall be submitted that such facilities are in compliance with applicable state and federal regulations.

      2.   Minimum lot area shall be adequate for the uses contemplated.

      3.   In no instance shall a transmission and/or receiving tower extend higher than two (2) times the distance between such structure and any lot line of the parcel or tract upon which such structure is located.

      4.   Distance of any guy anchorages from an adjoining property line shall be at least twenty five (25) feet.

      5.   Fencing and landscape screening shall be provided enclosing storage areas, treatment areas, guy anchorages, high voltages, or other danger-producing equipment or structures.

   MM.   Townhouses.

      1.   Minimum lot areas shall be 3,000 square feet per unit.

      2.   Minimum front yard shall be 20 feet.

      3.   Minimum rear yard shall be 35 feet.

      4.   A minimum of 15 feet shall be maintained between principal structures.

      5.   There shall be no continuous structure of townhouses containing more than 6 dwelling units side by side.

      6.   All other requirements as specified for multifamily structures.

   NN.   Two-family dwelling.

      1.   Minimum lot area shall be 9,000 square feet.

      2.   Minimum lot width shall be 80 feet.

      3.   Minimum front yard shall be 25 feet.

      4.   Minimum rear yard shall be 40 feet.

      5.   Minimum side yard width on each side shall be 8 feet.

      6.   All other standards shall be as provided within the respective zoning district in which the site is located.

   OO.   Wind Projects.

      1.   Wind projects of 5 MW or more shall be required to submit an application with the Ohio Power Siting Board (OPSB) at the Public Utilities Commission of Ohio (PUCO) and are required to meet OPSB regulations.

      2.   Private non commercial systems and wind projects less than 5 MW will be subject to Preble County Zoning and shall be subject to the following conditions:

         a.   Height - The maximum height of any turbine shall be 125 feet. For purposes of this resolution, maximum height shall be considered the total height of the turbine system including the tower, and the maximum vertical height of the turbine’s blades. Maximum height therefore shall be calculated by measuring the length of a prop at maximum vertical rotation to the ground level of the tower. However, if the height is over 125 feet, it will require a conditional use permit be granted by the Preble County Board of Zoning Appeals.

         b.   Setbacks - The following shall apply in regards to setbacks.

            1)   Any turbine erected on a parcel of land shall be setback to establish a “clear fall zone”, from all road right-of-way lines, overhead utility lines, neighboring property lines, and any inhabited structures on the parcel intended for the turbine. Hence, a turbine shall be erected and placed in such a manner that if it were to fall, whatever direction the fall occurs would be contained solely on the property where the turbine is located at and would not strike any structures including the primary dwelling, and any inhabited structures. The setback shall be a minimum of 1.1 times the height of the turbine.

            2)   Any turbine erected shall be no closer to the front property line than the primary dwelling; this shall not apply to any property that is zoned Agricultural under § 801 .

         c.   Maintenance - Wind turbines must be maintained in good working order. The owner shall within 30 days of permanently ceasing operation of a wind turbine, provide written notice of abandonment to the Zoning Inspector. An unused wind turbine or small wind project may stand no longer than 12 months following abandonment. All costs associated with the demolition of the wind turbine and associated equipment shall be borne by the owner. A wind turbine is considered abandoned when it ceases transmission of electricity for 90 consecutive days. Wind turbines that become inoperable for more than 12 months must be removed by the owner within 30 days of issuance of zoning violation. Removal includes removal of all apparatuses, above ground supports, and or other hardware associated with the existing wind turbine.

         d.   Decibel levels - All units shall operate within a decibel range of 50 to 70 decibels. This information shall be included in the engineering report described below in subsection 3. This information shall be obtained from the manufacturer of the turbine, and all decibel readings, if necessary, shall be taken from the nearest neighboring property.

         e.   Wiring and electrical apparatuses - All wires and electrical apparatuses associated with the operation of a wind turbine unit shall be located underground and meet all applicable local, state, and federal codes including the County Building Regulations and Residential Building Code of Ohio.

         f.   Warning signs - Appropriate warning signs to address voltage shall be posted as required by the National Electrical Code.

         g.   Building permits and electrical permits - All wind projects and parts thereof shall obtain all applicable building permits and electrical permits from the State of Ohio and county building and electrical permits where required.

      3.   Permits.

         a.   A zoning permit shall be required before construction can commence on an individual wind turbine project.

         b.   As part of the permit process, the applicant shall inquire with the County Building and Zoning Office as to whether or not additional height restrictions are applicable due to the unit’s location in relation to any local airports.

         c.   Applicant shall then provide the Zoning Inspector with the following items and or information when applying for a permit:

            1)   Location of all public and private airports in relation to the location of the wind turbine.

            2)   An engineering report signed and sealed by a professional engineer that shows:

               a)   The total size and height of the unit.

               b)   The total size and depth of the unit’s foundation structure, as well as soil and bedrock data.

               c)   A list or depiction of all safety measures that will be on the unit including anti-climb devices, grounding devices, and lightning protection, braking systems, guy wiring and anchors.

               d)   Data specifying the kilowatt size and generating capacity in kilowatts of the particular unit. Documentation from the utility company should also be included that outlines what will happen to any excess power that may be generated.

               e)   The maximum decibel level of the particular unit. This information shall be obtained from the manufacturer of the turbine unit.

            3)   A site drawing showing the location of the unit in relation to existing structures on the property, roads and other public right-of-ways, overhead utility lines, and neighboring property lines. In addition, the site drawing should include evidence of established setbacks that meet the “clear fall zone” with manufacturer’s recommendation attached to the engineering report.

            4)   A maintenance schedule as well as a dismantling plan that outlines how the unit will be dismantled shall be required as part of the permit.

   PP.   Zero lot line residences.

      1.   Minimum lot areas shall be 3,500 square feet per dwelling.

      2.   Minimum lot width shall be 40 feet.

      3.   Minimum front setback shall be 10 feet from street right-of-way line, regardless of whether this front setback is part of an individual lot or part of the common open space.

      4.   Minimum side setback: none, except that there shall be a minimum clearance of 20 feet between buildings.

      5.   Minimum rear yard depth: none, except that there shall be a minimum clearance of 20 feet between buildings.

      6.   Maximum height shall be 35 feet or 2-1/2 stories.

      7.   Maximum lot coverage shall be 75 percent of the lot area.

      8.   Zero lot dwellings shall be constructed against the lot line on the side of the lot and no windows, doors, or other opening shall be permitted on this side unless the zero line abuts plazas, parks, malls, or other permanent, public, open green space, in which case openings shall be permitted. Where adjacent zero lot line dwellings are not constructed against a common lot line, the builder or developer must provide for a perpetual wall maintenance easement of five (5) feet in width along the adjacent lot and parallel with such wall.

      9.   An attached or detached garage or carport may abut a side property line or another structure, provided no openings are located on the abutting surfaces.

   QQ.   The following standards and criteria shall apply to conditional uses in any residential district not previously listed within this section.

      1.   The location and size of the use, the nature, and intensity of the operations involved in or conducted within it, its relation to streets giving access to it shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection with it will not be hazardous, inconvenient, or conflict with the normal traffic on residential streets, both at the time and as the same may be expected to increase with any prospective increase in the population of the area, taking into account convenient routes of pedestrian traffic, particularly of children, in relation to main traffic, thoroughfares, and to street intersections, and the general character and intensity of development of the area.

      2.   The location and heights of buildings, the location, nature, and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

   RR.   The following standards and criteria shall apply to conditional uses in any commercial or industrial district not previously listed within this section.

      1.   The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its size layout, and its relation to streets giving access to it shall be such that vehicular traffic to and from the use will not be more hazardous than the normal traffic of the district, both at the time and as the same may be expected to increase with increasing development of the municipality, taking into account vehicular turning movements in relation to routes of traffic flow, relation to street intersections, sight distances, and relation to pedestrian traffic.

      2.   The nature, location, size, and site layout of the use shall be such that it will be a harmonious part of the business or industrial district in which it is situated, taking into account prevailing shopping habits, convenience of access by perspective patrons, the physical and economic relationships of one (1) type of use to another, and characteristic groupings of uses in a commercial or industrial district.

   SS.   Ham Radio Towers.

      1.   Evidence shall be submitted that such facilities are in compliance with applicable state and federal regulations.

      2.   Setbacks - The following shall apply in regards to setbacks.

         a.   Any ham radio tower erected on a parcel or tract of land shall have a setback of at least one point one (1.1) times the height of the ham radio tower and any lot line of the parcel or tract upon which the ham radio tower is located.

         b.   Any ham radio tower erected shall be no closer to the front property line than the primary dwelling. This § 1103.02 SS.2.b. shall not apply to any property that is zoned Agricultural under § 801.

      3.   Height - The maximum height of any ham radio tower shall be 125 feet.

      4.   Distance of any guy anchorages from an adjoining property line shall be at least twenty-five (25) feet.

      5.   Any deviation from these regulations in this section may be made by the Board of Zoning Appeals, upon an appeal from the property owner, with a finding that they unduly prevent effective amateur radio service communications.

      1. General.

         a.   Solar energy systems with a generating capacity of fifty (50) megawatts (MW) or more shall be required to submit an application with the Ohio Power Siting Board (OPSB) at the Public Utilities Commission of Ohio (PUCO) and are required to meet OPSB regulations.

         b.   No system shall be constructed, installed, altered or expanded without first obtaining a building permit.

         c.   Private or non-commercial solar energy systems include building-mounted or ground-mounted systems that provide power for the principal use and/or accessory use of the property on which the system is located. These systems shall not be designated for the generation of power for other users or for the sale of energy to other users. However, residual energy can be sold to the local utility from time to time.

         d.   Solar energy systems shall not be used for the display of advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from a property line.

         e.   "Commercial solar energy systems" shall not include private or non-commercial solar energy systems.

         f.   Solar energy systems established with appropriate building/electrical permits from Preble County prior to the effective date of this division shall be exempt from this division.

         g.   This section shall not be deemed to supersede any other provisions of local, state, or federal law.

      2.   Permits/requirements.

         a.   A building/electrical permit is required for all solar energy systems.

         b.   A scaled site plan showing location, size and design details of the proposed system demonstrating compliance with the Zoning Resolution shall be submitted to the Zoning Administrator for review. Approval of the site plan shall occur prior to issuing the building/electrical permit. Site plans for commercial systems shall be prepared by an Ohio registered professional surveyor and/or engineer.

         c.   Each system shall conform to applicable industry standards including those of the American National Standards Institute (ANSI).

         d.   A certificate of compliance demonstrating that the system has been tested and approved by Underwriters Laboratories (UL) or other approved independent testing agency.

         e.   Power and utility lines shall be located underground to the extent practical.

         f.   Power inverters and other sound producing equipment shall be no less than two hundred fifty (250) feet from any property line or dwelling unit at the time of construction/installation. This provision may be modified by the BZA.

         g.   All systems shall be designed and located to prevent reflective glare toward any habitable buildings, as well as street rights-of-way.

         h.   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 negatively impact persons living in the vicinity.

         i.   All systems shall be designed and located to be architecturally compatible with historic and/or surrounding structures as well as the natural setting and existing environment. Appurtenant structures, including but not limited to equipment shelters, storage facilities, transformers and substations, shall be architecturally compatible with each other and shall be screened, to the extent reasonably possible, from the view of persons not on the parcel.

         j.   All solar energy systems must be maintained in good working order and must remain operable. Any private or non-commercial solar energy system that remains inoperable for more than six (6) months must be removed within ninety (90) days of issuance of a zoning violation.

      3.   Building-mounted (private or non-commercial) solar energy systems.

         a.   Location

            1)   Building-mounted solar energy systems are allowed on permitted principal and accessory structures.

            2)   Only building-integrated and/or flush-mounted solar energy systems shall be used when installed on the front building elevation.

         b.   Horizontal projection

            1)   Solar energy systems shall not extend four (4) feet beyond the exterior perimeter of the building on which the system is mounted or built, as measured horizontally from the facade or roof edge on which the system is mounted.

            2)   All setback restrictions shall apply, as regulated by the respective zoning district.

         c.   Height

            1)   Height shall be measured vertically from the lowest edge to the highest edge of the system.

            2)   A system shall not extend more than five (5) feet above the highest point on the roof line. The maximum height in the respective zoning district shall not be exceeded.

      4.   Ground-mounted (private or non-commercial) solar energy systems.

         a.   In addition to the application requirements above, the applicant shall also submit a scaled site plan drawing(s) which includes the following information:

            1)   Existing and proposed contours, at a minimum of two (2) foot intervals;

            2)   Location, setbacks, exterior dimensions and square footage of all existing and proposed structures;

            3)   Location and size of existing waterways, wetlands, 100-year floodplains, sanitary sewers, storm sewers, drain tiles and water distribution systems;

            4)   Location of any overhead or underground utilities and easements.

         b.   Setback;

            1)   In residential zoning districts, systems shall not be located in any front yard.

            2)   In all zoning districts, systems shall comply with the respective setback requirements, as measured from the property line to the closest edge of the system.

         c.   Lot coverage. The total solar panel surface area shall be included in the lot coverage calculations for the respective zoning district.

         d.   Height. The height shall not exceed the height limits for accessory structures in the respective zoning district, as measured from adjoining grade at base to the highest elevation of the equipment.

      5.   Commercial solar energy systems.

         a.   In addition to the application requirements above, the applicant shall also include with the site plan drawing(s) the following information:

            1)   Existing and proposed contours, at a minimum of two (2) foot intervals;

            2)   Location, setbacks, exterior dimensions and square footage of all existing and proposed structures;

            3)   Location and size of existing waterways including county ditches, wetlands, 100-year floodplains, sanitary sewers, storm sewers, drain tiles including all subsurface drainage and water distribution systems. The flow rate of field run off shall be the same or less after the completion of the project as it was before construction of the project;

            4)   Location of any overhead or underground utilities and easements.

         b.   Setback;

            1)   No commercial solar energy system shall be permitted nearer than one hundred (100) feet to the boundary of the property being utilized for such use, or such distance as specified by the Board of Zoning Appeals where such is deemed necessary for the protection of adjacent property. Such distance requirements may be reduced by written consent of the owner or owners of abutting property.

            2)   The above setback requirements may be modified by the Board of Zoning Appeals (BZA) if it is determined that such are inappropriate or not necessary. This includes cases with interior property lines or property lines between adjacent neighbors participating in a common solar energy system.

            3)   Every commercial solar energy system shall be setback at least one hundred (100) feet from the nearest bank of any lake, stream or other body of water that may be navigable or available for public use.

            4)   Except for bodies of water described above, perimeter fencing and screening are not subject to setback requirements.

         c.   Lot coverage. The total solar panel surface area shall be included in the lot coverage calculations for the respective zoning district.

         d.   Minimum lot area. The minimum size for a commercial solar energy system is five (5) acres.

         e.   Height. The height shall not exceed fifteen (15) feet in height, as measured from adjoining grade at base to the highest elevation of the equipment, including the highest pivot of the panels. A substation or switchyard, including poles and wires necessary to connect to public electric utility, shall not be subject to this requirement. The above height requirements may be modified by the Board of Zoning Appeals (BZA) if it is determined that such actions are necessary.

         f.   Fencing, security plan and screening required;

            1)   Systems shall be completely enclosed with a minimum of six (6) feet high chain link or security fence that restricts direct access by the public. Such fencing shall, at a minimum, encompass the entire systems facility, contain a locking mechanism, and be subject to the fence regulations of the Zoning Resolution. Failure to maintain the fencing shall constitute a violation of this code.

            2)   Systems shall be constructed with evergreen vegetative screening where existing buffers do not obscure solar energy system perimeters from dwelling units on adjacent parcels. At maturity required vegetative screening shall be not less than fifteen (15) feet tall, regardless of line-of-sight.

            3)   Fencing and screening requirements may be modified by the Board of Zoning Appeals (BZA) if it is determined that such is needed to protect the health, safety or welfare of the surrounding residents or area, or are deemed not necessary.

            4)   Fencing and screening requirements do not apply to linear electrical lines and their appurtenances outside the boundary of fenced solar facilities.

            5)   The applicant must demonstrate that such operations will not be detrimental to the vicinity or surrounding properties and must have a plan to control noxious weeds.

            6)   There shall be a security plan developed in conjunction with local law enforcement and Emergency Management.

         g.   Periodic review of approved commercial systems:

            1)   The BZA will determine the length of time between one and six years that the landowner and the owner of the solar project shall return to the BZA for a review. This review, subject to the appropriate fee, shall include, but is not limited to screening, fencing, glare, noise, noxious weeds, drainage, decommissioning fund or bond and security plan.

            2)   During the review any changes in ownership of the land or the development will be reported and noted.

            3)   If there are changes of ownership of the land or the solar development between the reviews, the Zoning office must be notified within 30 days of the change of ownership. The notification shall include the owner, the address, the phone number and the email address for all parties.

            4)   The adjoining landowners will be notified of each review for their input.

         h.   Decommissioning;

            1)   A decommissioning plan for all commercial solar energy systems shall be submitted to the Zoning Administrator as part of the permit approval process and filed with the Zoning Department. The decommissioning plan shall include the following provisions and requirements:

               a)   Defined conditions upon which decommissioning will be initiated (i.e., end of lease, condition of a potential public safety hazard, natural or other disaster, the system is no longer used to produce power, etc.);

               b)   Removal of all non-utility owned equipment, conduits, structures, fencing, roads, and foundations; and restoration of property to condition prior to development of the solar energy system.

A written waiver signed by the property owner is required in order to release any portion of this provision;

               c)   The timeframe for completion of removal and decommissioning activities;

               d)   A signed and notarized statement from the landowner and the lessee and any other party involved in the development of the project is required acknowledging and accepting all responsibility for completing the decommissioning plan.

            2)   Any natural or other disaster clean up of commercial solar energy systems shall be addressed in the above decommissioning acknowledgment.

            3)   Upon failure to accomplish the decommissioning plan or disaster cleanup, the Zoning Enforcement Officer may take action as authorized by Article XV of this code.

            4)   A decommissioning fund or bond shall be established by the responsible parties that sign the statement of responsibility above. The amount will be determined by the size of the project and the recommendation of a fund underwriter or a bond underwriter with the approval of the Board of County Commissioners. The fund or bond shall be recorded at the Preble County Recorder's office. This fund will be used for decommissioning the project for any reason.

         i.   Reversion to Previous Zoning. Upon completion of decommissioning, the tract or tracts of land shall automatically revert to the zoning classification(s) that existed prior to the solar project(s).

(Res. 669-94-72, § 1103.02, effective 4-5-1995; Res. effective - -1995; Res. effective 1-3-2003; Res. 81-13-159, effective 5-3-2013; Res. 80-13-159, effective 7-5-2013; Res. 302-13-160, effective 9-7-2013; Res. 187-14-164, effective 8-1-2014; Res. 188-14-164, effective 8-1-2014; Res. 58-18-182, effective 1-5- 2018; Res. 59-18-182, effective 1-5-2018; Amendments of 8-2023)