Unless a variance is specifically granted by the Board of Zoning Appeals, no lot, yard, court, parking area or other space shall be reduced in area or dimension so as to make the area or dimension less than the minimum required by this Code. No part of a yard, court, parking area or other space provided about or for any building or structure for the purpose of complying with the provisions of this Chapter, shall be included as part of the yard, court, parking area or other space required under this Chapter for another building or structure. Furthermore, no part of a yard, court, parking area or other space provided which is already less than the required minimum shall not be reduced further.

(Ord. 2013-04-CD. Passed 4-2-13.)

   To insure that landscape materials do not constitute a driving hazard, a "clear sight triangle" will be observed at all street and access drive intersections. A clear sight triangle is the triangular area formed by a diagonal line connecting two points located on intersecting lines of a right-of-way, easement of access, or pavement edge of an access drive, each point being 20 feet from the intersecting lines. See Figure 1115.02A.

   (a)   Design. The entire area of the clear sight triangle should be designed as illustrated in Figure 1115.02A to provide the drive of the vehicle entering the intersection with an unobstructed view to all points nine (9) feet above the roadway along the centerline. The recommended distance depends upon the design speed of the higher-order street and therefore is greater for arterial streets than for collectors.

   (b)   Restrictions Within Clear Sight Triangles. Within the sight triangle no landscape material with a mature height greater than twelve inches (12") shall be permitted with the exception of trees which conform to the following standards. Trees shall be permitted within the sight triangles as long as, except during early growth stages, only the tree trunk (no limbs, leaves, etc.) is visible between the ground and nine (9) feet above the ground, or otherwise does not present a traffic visibility hazard. Restrictions shall not apply to the following:

      (1)   Existing natural grades which, by reason of natural topography, rise twelve (12) or more inches above the level of the center of the adjacent intersection;

      (2)   Fire hydrants, public utility poles, street markers, governmental signs and traffic control devices.

 

 

(Ord. 2013-04-CD. Passed 4-2-13.)

   Cellular or wireless communication systems shall be regulated as follows:

   (a)   Intent. In recognition of the quasi-public nature of cellular and/or wireless communication systems, it is the purpose of these regulations as set out here in this Section, and known as "Cellular or Wireless Communications Systems" to:

      (1)   Accommodate the need for cellular or wireless communications towers and facilities for the provision of personal wireless services while regulating their location and number in the Village;

      (2)   Minimize adverse visual effects of communications towers and support structures through proper siting, design and screening;

      (3)   Avoid potential damage to adjacent properties from communications towers and support structure failure; and

      (4)   Encourage the joint use of any new and existing communications towers and support structures to reduce the number of such structures needed in the future.

   (b)   Definitions. The following definitions shall apply to this chapter:

      (1)   “Personal Wireless Services" means commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, including cellular services.

      (2)   “Cellular Communication Services" means personal communications accessed by means of cellular equipment and services.

      (3)   "Cellular or Wireless Communications Antenna" shall mean any structure or device used to receive or transmit electromagnetic waves between cellular phones, pagers, commercial mobile services, wireless services and ground-wired communications systems including both directional antennas, such as panels, microwave dishes and satellite dishes, and omni-directional antennas such as whips and other equipment utilized to serve personal communication services.

      (4)   "Cellular or Wireless Communications Site" shall mean a tract, lot or parcel of land that contains the cellular or wireless communications tower, antenna, support structure(s), parking and any other uses associated with and ancillary to cellular or wireless communications transmission.

      (5)   "Cellular or Wireless Communications Support Structure" shall mean any building or structure, including guy wire anchors, accessory to but necessary for the proper functioning of the cellular or wireless communications antenna or tower.

      (6)   "Cellular or Wireless Communications Tower" shall mean any freestanding structure used to support a cellular or wireless communications antenna.

      (7)   "Cellular or Wireless Communications Tower, Height of" shall mean the height from the base of the structure, at grade, to its top; including any antenna located thereon. Grade shall be determined as the elevation of the natural or existing topography of the ground level prior to construction of the tower.

      (8)   "Micro antennas" shall mean any cellular or wireless communication antennas which consist solely of the antenna and which do not have any supporting structures other than brackets. Micro antennas shall be equal to or less than five feet in height and with an area of not more than 580 square inches.

      (9)   "Users" shall mean any individual or company which desires to place a communication tower or antenna within the Village. Such users may include cellular or wireless communications company and any police, fire, ambulance or other emergency departments.

   (c)   Application Procedure.

      (1)   Any company or individual intending to apply for the placement or operation of a cellular or wireless communications antenna, tower or site within the Village, shall first schedule a pre-application conference with the Municipal Manager or his assignee. At this conference, the prospective applicant must present to the Municipal Manager any proposed locations for the equipment or site. This information shall identify the area within which tower may be located, the minimum height of the proposed tower and identify any possible users that may co-locate at the site.

      (2)   Upon completion of the pre-application conference, an application may be filed with the office of the Municipal Manager. The application shall be in compliance with the requirements of this Section and in such form as approved by the Municipal Manager. If the application does not conform with the requirements of this Section, the applicant shall be notified by the Municipal Manager and no further consideration of the application shall occur until it is in compliance with the terms of this chapter.

      (3)   The application fee for a cellular or wireless communication system, tower, antenna, or site shall be two hundred dollars ($200.00) for each proposed location and fifty dollars ($50.00) for each new user proposing to co-locate.

   (d)   Use Regulations. The following use regulations shall apply to cellular or wireless communication antennas and towers:

      (1)   A cellular or wireless communications site may be permitted in B-1 and B-2 districts subject to the requirements set forth herein.

      (2)   Cellular or wireless communications sites in a B-1 or B-2 zoning district shall not be located any closer to any residential zoning district than as follows:

         A.   Cellular or wireless communication towers less than 100 feet in height shall be located no closer than 100 feet to any residential zoning district.

         B.   For any cellular or wireless communication tower exceeding 100 feet in height, the tower may not be located closer to any residential zoning district than a distance equal to 100 feet plus 1 foot for each foot of height that the tower exceeds 100 feet.

      (3)   If a cellular or wireless communications company can demonstrate that there are no suitable sites under industry or engineering standards for its cellular or wireless communications site within the B-1 or B-2 zoning districts, the company may apply for a permit to place the tower or antenna in a residential district.

To apply for such a permit, the communications company must submit an application, a preliminary site plan, and a rendering of the proposed tower to the Municipal Manager or a designated representative. A permit to place a tower or antenna within a residential district shall only be granted if the proposed site meets each of the following conditions:

         A.   The lot size of the proposed site is no less than three acres; and

         B.   The proposed tower will have a minimum set back of 200 feet from the base of the tower or any guy wire anchors to the property line. However, if one of the property lines of the proposed site abuts a B-1 or B-2 district, the minimal setback from the property line which abuts the B-1 or B-2 district shall be determined in accordance with subsection (f)(2); and

         C.   The proposed site is on a lot which is currently used for an institutional purpose such as a school, church, playfield, park, golf course or other similar use.

      (4)   A cellular or wireless communications antenna may be mounted to an existing structure, such as a communications tower (whether said tower is for cellular or wireless purposes or not), smoke stack, water tower or other tall structures in any B- 1 or B-2 zoning district or in a residential district if a permit has been granted as provided in subsection (c)(3). Cellular or wireless communication antenna may only be placed on the top of buildings that are no less than thirty-five feet in height.

      (5)   Micro antennas not exceeding five feet in height may be placed on any buildings in a B-1 or B-2 zoning district or on certain lots in a residential district which meets the conditions in subsection (d)(3) hereof.

      (6)   All other uses accessory to the cellular or wireless communications antenna and towers including, but not limited to business offices, maintenance depots, and materials and vehicle storage, are prohibited from the site unless otherwise permitted in the zoning district in which the cellular or wireless communications antenna and/or tower is located.

   (e)   Standards of Approval for Cellular or Wireless Communications Antennas and Towers. The following standards shall apply to all cellular or wireless communications antennas and towers:

      (1)   The cellular or wireless communications company shall be required to demonstrate, using the latest technological evidence, that the antenna or tower must be placed where it is proposed in order to satisfy its necessary function in the company's grid system. Part of this demonstration shall include a drawing showing the boundaries of the area around the proposed location which would also properly permit the antenna to function properly in the company's grid system. This area shall be considered the allowable zone.

      (2)   If the communications company proposes to build a cellular or wireless communications tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it has contacted the owners of nearby tall structures within the allowable zone, asked for permission to install the cellular communications antenna on those structures, and was denied for reasons other than economic ones. "Tall structures" shall include, but not be limited to: smoke stacks, water towers, buildings over thirty-five feet in height, antenna support structures or other cellular or wireless communication companies, other communication towers.

The Village may deny the application to construct a new cellular or wireless communications tower if the applicant has not made a good faith effort to mount the antenna on existing structures.

   (f)   Requirements of All Cellular or Wireless Communications Antennas and Towers.

      (1)   Antenna/Tower Height. The applicant shall demonstrate that the antenna/tower is the minimum height required to function satisfactorily and to accommodate the collocation requirements as set out in subsection (f). No antenna that is taller than the minimum height shall be approved. Cellular or wireless communication towers shall be exempt from the maximum height requirements contained in the Sections 1131.09 and 1133.09 of the Zoning Code. Cellular towers shall be monopole construction unless it is demonstrated that another type of tower is required for safety purposes.

      (2)   Setbacks from the Base of the Tower. If a new cellular or wireless communications tower is to be constructed, the minimum distance between the base of the tower or any guy wire anchors and any property line which abuts a zoning district other than a residential district shall be no closer than the greater of the following:

         A.   Forty percent (40%) of the tower height;

         B.   The minimum setback in the underlying zoning district; or

         C.   Fifty (50) feet.

      (3)   Cellular or Wireless Communications Tower Safety.

         A.   All cellular or wireless communications towers shall be fitted with anti-climbing devices as approved by the manufacturers. Furthermore, the applicant shall demonstrate that the proposed cellular or wireless communications tower and its' antenna are safe and that the surrounding properties will not be negatively affected by tower failure, falling ice or other debris, electromagnetic fields or radio frequency interference. However, if a specific safety issue in question is determined to be regulated by either FCC Regulations or applicable Building Code Regulations, and the operation or construction is in compliance with such regulations, then this requirement for safety shall be deemed to have been met.

         B.   Subsequent to the installation of a cellular or wireless communications tower site, if it is determined by the Village Council, upon presentation of proper and sufficient documentation, and after a public hearing, that the operation of a cellular or wireless communications tower is inherently dangerous or is a demonstrable health hazard, the cellular or wireless tower shall be declared to be a nuisance and all operation shall cease. The tower or antenna shall also be removed as provided under subsection (h). However, no order of removal shall be made if it is inconsistent with existing FCC regulations.

         C.   Subsequent to the installation of a cellular or wireless communications tower site, if it is determined by the Village Council, after a public hearing, that the operation of a cellular or wireless communications tower is inherently dangerous or is a demonstrable health hazard, the cellular or wireless shall be declared to be a nuisance and all operation shall cease. The tower or antenna shall also be removed as provided under subsection (h).

      (4)   Fencing. A fence shall be required around the cellular or wireless communications tower and its' support structure(s), unless the antenna is mounted on an existing structure. The fence shall be minimum of eight feet in height and shall be erected to prevent access to non-authorized personnel.

      (5)   Landscaping. Landscaping shall be provided to screen as much of the support structure and ground level features as is possible. In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

      (6)   Limiting the Number of Cellular or Wireless Communications Towers. In order to reduce the number of antenna support structures needed in the Village in the future, the proposed cellular or wireless communications tower shall be required to accommodate other uses, including other cellular or wireless communications companies, and the local police, fire, and ambulance departments.

For the purposes of encouraging collocation of cellular or wireless antenna and other uses, cellular or wireless communication towers shall be designed, engineered, and constructed as follows:

         A.   Towers less than seventy-five feet tall shall be designed, engineered and constructed to support antennas installed by one or more cellular or wireless communication service providers;

         B.   Towers more than seventy-five feet in heights but less than one hundred fifty feet shall be designed, engineered and constructed to support antennas installed by two or more wireless communication service providers; and

         C.   Towers one hundred fifty feet in height or taller shall be designed, engineered and constructed to support antennas installed by three or more cellular or wireless communication service providers.

As used in subsections (f)(1), (2) and (3) hereof, the term "users" shall include the antennas of police, fire and ambulance departments. In addition, an applicant must demonstrate that the area acquired by lease or otherwise acquired for the use and construction of the cellular tower and accessory structures is sufficient in size to accommodate any additional structures that may be required if additional users are added to the tower.

      (7)   Licensing. The communications company must demonstrate to the Village that it is licensed by the Federal Communications Commission (FCC). The owner of the tower must also annually provide to the Village on January 1 of each year, a list all users of the tower and provide the Village with a copy of each user's license with the FCC.

      (8)   Required Parking. If the cellular or wireless communications site is fully automated, adequate parking shall be required for maintenance workers. If the site is not fully automated, the number of required parking spaces shall equal the number of employees working on the largest shift. All parking specifications and requirements shall be consistent with the applicable parking requirements as established in the Zoning Code.

      (9)   Appearance. Cellular or wireless communications towers under 200 feet in height shall be painted silver or have a galvanized finish retained in order to reduce visual impact. Cellular or wireless communications towers shall meet all Federal Aviation Administration (FAA) regulations. No cellular or wireless communications towers may be artificially lighted except when required by the FAA. Furthermore, no cellular or wireless communication tower or antenna shall contain any signage.

      (10)   Site Plan Required. A full site plan shall be required for all proposed cellular or wireless communications sites, except antenna to be placed on existing structures, at a maximum scale of 1 inch to 100 feet (1"=100'), indicating, as a minimum, the following:

         A.   The total area of the site.

         B.   The existing zoning of the property in question and of all adjacent properties.

         C.   All public and private right-of-way and easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned.

         D.   Existing topography with a maximum of five foot contours intervals.

         E.   The proposed finished grade of the development shown by contours not exceeding five foot intervals.

         F.   The location of all existing buildings and structures and the proposed location of the cellular or wireless communications tower and all cellular or wireless communications support structures including dimensions, heights, and where applicable, the gross floor area of the buildings.

         G.   The locations and dimensions of all curb cuts, driving lanes, off-street parking and loading areas including the number of spaces, grades, surfacing materials, drainage plans and illumination of the facility.

         H.   All existing and proposed sidewalks and open areas on the site.

         I.   The location of all proposed fences, screening and walls.

         J.   The location of all existing and proposed streets.

         K.   All existing and proposed utilities including types and grades.

         L.   The schedule of any phasing of the project.

         M.   A written statement by the cellular or wireless communications company as to the visual and aesthetic impacts of the proposed cellular communications tower on all adjacent residential zoning districts.

         N.   Any other information as may be required to determine the conformance with this Zoning Code.

For cellular or wireless communications antenna to be placed on an existing structure, the applicant shall submit such information as required by the Zoning Inspector to insure compliance with the applicable provisions of this chapter.

   (g)   Maintenance. Any owner of property used as a cellular or wireless communications site shall maintain such property and all structures in good condition and free from trash, outdoor storage, weeds and other debris. Any owner of a cellular or wireless communications tower shall be required to notify the Municipal Manager of its intent in writing within thirty days of its cessation of business, its discontinuance of service, or transfer of ownership.

   (h)   Removal.

      (1)   Any cellular or wireless communications tower that has discontinued its service for a period of twelve (12) continuous months or more is hereby determined to be a nuisance. A tower declared to be a nuisance must be removed, along with all accessory structures related thereto. Discontinued shall mean that the structure has not been properly maintained, has been abandoned, become obsolete, is unused or has ceased the daily activities or operations which had occurred.

      (2)   Whenever, upon inspection it shall appear that a cellular or wireless communications tower has been abandoned or its use discontinued, the Municipal Manager or a designated representative shall notify, either by personal delivery or by certified mail, the owner of the property on which the tower is located that the tower must be taken down and removed. Municipal Manager or a designated representative, in addition to any other citations, notices, penalties or remedies provided by law or ordinance, is authorized to proceed in a manner consistent with and pursuant to Ohio R.C. Sections 715.26 and 715.261 to maintain the public health, safety and welfare and to recover costs as appropriate.

   (i)   Miscellaneous.

      (1)   No cellular or wireless communications tower shall be permitted on any lot on which any non-conforming building or structure is located nor on which any non-conforming use or activity is occurring without first obtaining a variance.

      (2)   No cellular or wireless communications tower shall be constructed, replaced, or altered without first obtaining the applicable building permit.

         (Ord. 2013-04-CD. Passed 4-2-13.)

   The following minimum standards shall apply to all uses in the Business and Industrial Districts and all Planned Unit Developments:

   (a)   Fire and Explosion Hazards. All activities including storage, involving flammable or explosive materials, shall include the provision of adequate safety devices against the hazard of fire and explosion. All standards enforced by the Occupational Safety and Health Administration shall be adhered to. Burning of waste materials in open fire is prohibited, as enforced by the Ohio Environmental Protection Agency.

   (b)   Air Pollution. No emission of air pollutants shall be permitted which violate the Clean Air Act Amendment, as amended from time to time, as enforced by the Ohio Environmental Protection Agency.

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

   (d)   Dust and Erosion. Dust or silt shall be minimized through landscaping, paving or other adequate means in a manner as to prevent their transfer by wind or water to points off of the lot in objectionable quantities.

   (e)   Liquid or Solid Wastes. No discharge at any point into any public sewer, private sewage disposal system, or stream, or into the ground, of any materials of such nature or temperature as can contaminate any water supply or interfere with bacterial processes in sewage treatment shall be permitted. The standards of the Ohio Environmental Protection Agency shall apply.

   (f)   Vibrations and Noise. No uses shall be located and no equipment shall be installed in such a way as to produce intense, earth shaking vibrations which are discernible without instruments at or beyond the property lines of the subject premises. Noise standards of the Ohio Environmental Protection Agency shall be adhered to.

   (g)   Odors. No use shall be operated so as to produce the continuous, frequent, or repetitive emission of odors or odor causing substances in such concentrations as to be readily perceptible at any point or beyond the lot line of the property on which the use is located. The applicable standards of the Ohio Environmental Protection Agency shall be adhered to.

      (Ord. 2013-04-CD. Passed 4-2-13.)

   The following requirements shall apply to automotive service stations and/or repair garages and gasoline sales establishments:

   (a)   There shall be a minimum of two (2) separate driveways providing ingress and egress from the property, located not closer than fifty (50) feet from one another, twenty-five (25) from any adjacent residentially zoned district, or a minimum of seventy-five (75) feet from a street intersection. The Village may require the submission of a traffic study prepared by a qualified traffic engineer to evaluate the proposed driveway locations and if necessary, recommend alternate locations.

   (b)   The entire lot area, exclusive of the area covered by the building, shall be paved and/or landscaped. A minimum four (4) inch high curb shall separate all paved areas from all landscaped areas.

   (c)   In the case of an automotive service station/repair garage or gasoline sales establishment, the light from exterior lighting shall be so shaded, shielded or directed that the light intensity or brightness shall not be objectionable to any surrounding residential area.

   (d)   A solid fence, wall or evergreen hedge, four (4) to six (6) feet in height shall be constructed or planted, and maintained in good condition where ever such use abuts a residentially zoned district.

   (e)   Motor vehicle fuel pumps, compressed air connections and similar equipment shall be erected no closer than fifteen (15) feet to any right-of-way line.

   (f)   Canopies erected on an automotive filling station site shall be erected no closer than fifteen (15) feet to any right-of-way line and shall not be more than eighteen (18) feet above the ground nor less than fourteen (14) feet above the ground.

   (g)   Other uses permitted in a district which automotive service stations are permitted may be combined on the same premises with automotive filling station uses provided that, before the commencement of such combined uses, a development plan shall be submitted to the Planning Commission for its review and approval. In determining the approval, approval with modifications or disapproval of such development plan, the Planning Commission shall consider the following factors, and its approval or disapproval shall be based on the following factors alone:

      (1)   Access, ingress, egress and traffic circulation;

      (2)   Off-street parking and loading spaces as required by this Zoning Code;

      (3)   Adequate and safe separation of uses; and

      (4)   Compliance with the requirements of this Chapter.

   (h)   No vehicles shall be parked within the required front yard of any automotive service station except for those vehicles actually being serviced at the pump island. No vehicle not owned or utilized by an employee or owner of such automotive filling station shall be permitted to stand out of doors on such premises for more than 72 hours.

   (i)   The following shall regulate the abandonment of automotive service and gas stations:

      (1)   If any automobile filling station is abandoned for a period of at least six (6) consecutive months, such station shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property or general welfare of the community and shall be abated.

      (2)   A.   Such abandoned condition shall be abated within sixty (60) days either by placing the station in operation in accordance with this section and other applicable laws and regulations of the Village and State, adapting and using the building or structure for another permitted use in the district in which it is located, or by razing the station, removing the pumps, canopy and signs, abandoning the underground storage tanks in accordance with safe accepted practices as prescribed by the National Fire Protection Association in Appendix C to N.F.P.A. No. 30, under the supervision of the Village's Fire Chief or other designated officials, and filling depressions to the grade level of the lot, however, if the station is in operation at the time notice is given and remains in operation for ninety (90) consecutive days thereafter, the provision of this sub-section shall not apply.

         B.   Whenever the Zoning Official shall find any automotive service station/repair garage to be abandoned within the meaning of this Section, the Zoning Official shall give notice in the same manner as service of summons in civil cases, or by certified mail addressed to the owner of record of the premises at the last known address or the address to which tax bills are sent, or by a combination of the foregoing methods.

      (3)   On the failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Zoning Official shall take such action as may be necessary to abate such nuisance including the charge of a tax lien on the property.

      (4)   Inoperative service stations which do not come within the definition of an abandoned station shall be maintained in accordance with the provisions of this section and other applicable laws and regulations, and the owner shall maintain the premises, mowing grass and removing all weeds and rubbish. The parking of motor vehicles on the premises shall be strictly prohibited, and the owner shall place in the window of such station a sign of at least ten (10) square feet in area, notifying the public of this fact. Notwithstanding any other provision of this section, if the Zoning Official shall find that such notice is not complied with by the public, he may order the owner of the premises on which any station is inoperative for more than six months to install fencing or barricade, approved by the Zoning Official, which will be sufficient to block motor vehicles access to the property. (Ord. 2013-04-CD. Passed 4-2-13; Ord. 2020-04- CD. Passed 12-8-20.)

   An Adult Entertainment Facility is a conditional use within the B-2 Light Industrial District. A conditional use for such facilities shall not be approved unless the following minimum conditions shall be complied with:

   (a)   Minimum Location Requirements. No Adult Entertainment Facility shall be established within two hundred and fifty (250) feet of:

      (1)   Any Residence (R) District; or

      (2)   Any public, private, governmental or commercial library, school, teaching facility, park, recreational facility, religious place of worship, child day care facility, day care facility, playground or swimming pool; or

      (3)   Any other Adult Entertainment Facility.

   (b)   Prohibited Public Display. No advertisements, displays or other promotional materials shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public or semi-public areas.

   (c)   Public View to Be Prevented. All building openings, entries, windows, etc. for Adult Entertainment Facilities shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any public or semi-public areas, sidewalk or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from any public or semi-public areas.

   (d)   External Audio and Visual Impact. No screens, loudspeakers or sound equipment shall be used for motion picture theaters (enclosed or drive-in) that can be seen or discerned by the public from public or semi-public areas.

   (e)   Interior Design. The interior of any adult book store shall be lighted and constructed in such a manner that every portion thereof (except restroom facilities) is readily visible to the clerk or supervisory personnel from the facilities' counter or other regular work station.   

      (Ord. 2013-04-CD. Passed 4-2-13.)

   Convalescent Care Facilities, Nursing Homes, and Assisted Living facilities shall require conditional use approval by the Planning Commission and shall conform to the following requirements:

   (a)   The minimum lot size shall be two (2) acres.

   (b)   In determining the "density" for such a facility, the Planning Commission should consider the nature of the use as a care giving facility, which is not the same as a multiple family dwelling unit. The number of units for each facility should be evaluated by the Planning Commission on a site specific basis, according to the operational elements of the facility and the site design characteristics.

   (c)   The applicant for a conditional use permit for convalescent care facilities, nursing homes, and assisted living facilities shall furnish assurances from the developer that the following criteria have been satisfied:

      (1)   The disposal of sewage shall meet with the approval of all applicable health authorities.

      (2)   Stormwater run-off shall be properly channeled so as to eliminate the possibility of flooding, either on or off the property and comply with all other applicable requirements of the Hamilton County Stormwater District or other appropriate regulating body.

      (3)   The street(s) providing access to the site shall be adequate to carry the additional traffic generated by the development.

         (Ord. 2013-04-CD. Passed 4-2-13.)

   The following restrictions shall apply to any outdoor lighting located in any district on parcels, including parking areas and areas where on-building lighting or other security lighting is utilized.

   (a)   Height. All outdoor lighting shall be designed, located, and mounted at heights no greater than sixteen feet (16') above grade for non-cutoff lights and twenty-four feet (24') above grade for cutoff lights. A greater height may be authorized in any district by a variance approved by the Board of Zoning Appeals or by the Planning Commission during the Site Plan Review process. Cutoff and non-cutoff lights are illustrated below:

 

 

   (b)   llumination. All outdoor lighting shall be designed and located with a maximum illumination of zero (0) foot-candles at the property line of any Residential Zoning District.

   (c)   Shielding. All outdoor lighting for non-residential and residential uses shall be located, screened, or shielded so that adjacent lots located in Residential Zoning District are not directly illuminated.

   (d)   Color and Glare. No outdoor lighting shall be of such an intensity or color distortion as to cause glare or to impair the vision of drivers or pedestrians.

   (e)   Factors for Evaluation. The following factors shall be considered in the evaluation of lighting plans:

      (1)   Pole Height

      (2)   Type of Luminaire

      (3)   Site Coverage - average maintained

      (4)   Uniformity: (a) Maximum: Minimum (b) Average: Minimum

      (5)   Intensity at Property Line

   (f)   Location. Outdoor lighting need not comply with the yard requirements of this Code, except that no such light shall obstruct sight triangles as defined in Section 1115.02 .

   All commercial, business, service and retail operations shall be contained wholly within enclosed buildings unless a conditional use permit is obtained pursuant to the requirements of Greenhills Zoning Code Section 1151.

(Ord. 2015-07-L&R. Passed 10-27-15.)