Hiram City Zoning Code

CHAPTER 1135

Conditional Use Requirements

1135.01 GENERAL.

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 possess 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 conditionally permitted under the provisions of Chapter 1117 to Chapter 1133, shall follow the procedures and requirements set forth in Sections 1135.02 to 1135.09 , inclusive.

(Ord. 88-10. Passed 1-10-89.)

1135.02 CONTENTS OF APPLICATION FOR CONDITIONAL USE PERMIT.

An application for conditional use permit shall be filed with the Secretary of the Planning Commission by at least one owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:

(a) Name, address, and phone number of applicant.

(b) Legal description of property or street address or other adequate description of property.

(d) Zoning district.

(e) Description of proposed conditional use.

(f) A site plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards, densities and such other information as the Planning Commission may require to determine if the proposed use meets the intent and requirements of this Zoning Code.

(g) A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes, and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan, if one is adopted.

(h) Floor plans and evaluations for proposed development use.

(i) Such other information as may be required.

(j) Fee as required by Section 1107.09.

(Ord. 2004-43. Passed 1-11-05.)

1135.03 REVIEW BY PLANNING COMMISSION.

(a) The proposed use and development shall be reviewed to determine whether or not the proposed use is appropriate and in keeping with the purpose and intent of this Zoning Code and any adopted plans and policies in the Village.

A decision shall be made by the Planning Commission within ninety (90) days of the date of receipt of the application, unless an extension of time is necessary to secure technical advice or consider modifications as an alternative to disapproval. The applicant shall concur with an agreed upon extension date in writing.

If the use and development proposed is found to be appropriate, and the applicant shows that all conditions can be met, the Planning Commission with 3 members concurring, may approve the conditional zoning permit. The Planning Commission may require such additional information as they deem necessary including carrying out of special studies and provision of expert advice, the cost of which shall be borne by the applicant, who shall pay said costs prior to issuance of any conditional zoning permit.

(b) Supplementary Conditions and Safeguards. In granting any conditional use, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted shall be deemed a violation of this Zoning Code and punishable under Sections 1107.10 and 1107.11 .

(c) The Planning Commission may hold a public hearing on any or every application after advertising in a newspaper of general circulation in the Village, at least ten (10) days prior to such hearing. The notice shall indicate the place, date, time and subject of the hearing.

(Ord. 88-10. Passed 1-10-89.)

1135.04 TERMS AND ASSIGNABILITY.

(a) Conditional zoning permits are non-assignable to another property other than that property specified in the application.

(b) Unless construction begins within one (1) year from issuance of the permit, the permit shall expire unless an extension is granted by the Planning Commission.

(c) Modifications to the terms under which the permit is granted shall require re- submission and review by the Planning Commission the same as specified in Section 1135.03(a) hereof.

(Ord. 88-10. Passed 1-10-89.)

1135.05 BASIS OF DETERMINATION - GENERAL REQUIREMENTS.

The Planning Commission shall establish that both the general and specific requirements pertinent to each conditional use shall be satisfied by the establishment and operation of the proposed conditional use.

The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and adequate evidence must be found that such use at the proposed location:

(a) Is in fact a conditional use as established under the provisions of Chapters 1117 through 1133, and appears on the conditionally permitted use list for the zoning district.

(b) Will be harmonious with and in accordance with the general objectives, or with any specific objective of the Village’s comprehensive plan, if one is adopted, and/or the Zoning Code.

(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 and that such use will not change the essential character of the same area.

(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 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 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 thoroughfares.

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

(j) Will be in compliance with subdivision regulations and building codes.

(Ord. 88-10. Passed 1-10-89.)

1135.06 SPECIFIC REQUIREMENTS.

In addition to the general requirements every conditional use shall meet the following conditions if they are specified in Chapters 1117 through 1133, for that particular use and district.

(a) Rooming/Boarding Houses, Bed and Breakfast Establishments:

(1) The number of bedrooms permitted in any residence for such purposes shall not exceed two (2) bedrooms.

(Ord. 88-10. Passed 1-10-89.)

(2) EDITOR’S NOTE: Intentionally left blank. Reserved for future use.

(Ord. 2015-18. Passed 8-11-15.)

(3) One (1) additional parking space shall be required for each bedroom used for such purpose.

(4) There shall be no visible evidence of such use from the street or adjacent property, except for one (1) sign as permitted by Chapter 1141.

(b) All structures and activity areas shall be located at least thirty (30) feet from all property lines.

(d) All points of entrance or exit should be located no closer than two hundred (200) feet from the intersection of two arterial thoroughfares, or no closer than one hundred (100) feet from the intersection of an arterial street and a local or collector street.

(e) There shall be no more than one (1) sign oriented to each abutting street identifying the activity.

(f) 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.

(g) Structures should have primary access to a collector thoroughfare.

(h) Such developments should have primary access to arterial thoroughfares or be located at intersections of arterials and/or collector streets.

(i) Such developments should be located adjacent to non-residential uses such as churches, parks, industrial or commercial uses.

(j) Site locations should be preferred that offer natural or man-made barriers that would lessen the effect of intrusion into adjacent areas.

(k) Such uses should be properly landscaped to be harmonious with surrounding residential uses.

(l) 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. (Ord. 2000-6. Passed 3-14-00.)

(m) The area of use shall be completely enclosed by a six (6) foot fence and appropriately landscaped to be harmonious with surrounding properties.

(n) Such uses should be located on an arterial thoroughfare, adjacent to nonresidential uses such as commerce, industry, or recreation, or adjacent to sparsely settled residential uses.

(o) Truck parking areas, maneuvering lanes, and accessways to public thoroughfares shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on and adjacent to the site. The site shall not be used for storage of trucks, and truck parking shall be limited to a time not to exceed twenty-four (24) hours.

(p) Such development should be located on or immediately adjacent to state highways.

(q) Such uses shall not be conducted closer than two hundred (200) feet from any residential district, nor closer than one hundred (100) feet from any structure used for human occupancy in any other district.

(r) Information shall be submitted on the anticipated depth of excavations and on depth and probable effect on the existing water table.

(s) Two family residences shall have garages to house at least one (1) motor vehicle per unit.

(t) All drive through operations shall have at least two hundred (200) feet of waiting- in-line or standby vehicular space per establishment on the premises so as to accommodate a line of motor vehicles of such length in order to not create traffic hazards and nuisances.

(u) Home occupations such as: home crafts, painting, sculpture, telephone answering, tutoring, secretarial services, consulting services, sewing, direct sale product distribution such as Amway, Avon and similar kinds of unobtrusive home businesses may be permitted if they meet these conditions and others imposed.

(1) Shall be secondary in importance to the use of the dwelling for residential purposes.

(2) Shall be conducted by the occupants with no non-resident employees.

(3) Use shall be carried on entirely within the dwelling and not in an accessory building.

(4) The home occupation shall not occupy more than twenty percent (20%) of the floor area of the dwelling unit.

(5) The use shall not constitute primary or incidental storage facilities for a business or industrial or agricultural activity conducted elsewhere.

(6) Evidence of the home occupation shall be undetectable from any road or adjacent property except for one (1) sign as permitted in Chapter 1141.

(7) The proposed use shall not generate noise, odor, dust, smoke, electromagnetic interference, or vehicular or pedestrian traffic in an amount which would tend to depreciate the residential character of the neighborhood in which it is located.

(8) Occupant shall provide adequate off-street parking for not more than three (3) additional vehicles besides residential use vehicles.

(v) Vehicular service stations:

(1) Should be located at edge of commercial district so as not to interfere with pedestrian traffic and would not limit expansion of pedestrian-oriented facilities.

(2) Use shall be for servicing motor vehicles under 1 ½ ton rated capacity and use shall not engage in any changes to body or chassis or removal of engine from vehicles.

(3) All activities except for fuel and air pump shall be carried on inside of building.

(4) If property fronts on two (2) or more streets, driveways shall be located as far from the street intersection as practical.

(5) All areas for vehicular traffic and parking shall be paved. At least a six inch (6") high safety curb shall be installed on the perimeter of paved areas.

(w) Minimum site size shall be three (3) acres.

(Ord. 88-10. Passed 1-10-89; Ord. 2004-43. Passed 1-11-05.)

(x) Applicants must demonstrate how a conventional subdivision layout better meets the purposes of the zoning district in which the project is to be located than would a conservation subdivision design. The conventional subdivision design must adhere to the following design criteria to be approved:

(1) Special natural resources and features, such as stands of trees, open fields, ponds, streams, hills, and environmentally sensitive areas are included and preserved in the overall design of the project.

(2) Historic and cultural features are included and preserved in the overall design of the project.

(3) Buildings and roads are designed and located to protect and enhance natural topography and the traditional rural village character.

(4) Scenic vistas and areas as seen from the public road system are preserved as open space for the public’s enjoyment.

(5) Dwelling unit setback lines are flexible. The new homes blend with the unique physical characteristics of the surrounding area to preserve the rural landscape.

(6) The proposed street system is designed to connect to existing street patterns whenever possible.

(Ord. 97-34. Passed 2-10-98.)

(y) Wireless Telecommunication Towers. According to the Federal Telecommunications Act, 1996, a community may regulate wireless telecommunication service facilities, providing the requirements do not prohibit nor have the effect of prohibiting wireless telecommunication services. Zoning regulations may not unreasonably discriminate among wireless telecommunication providers of functionally equivalent services. The Village must act within a reasonable time period on requests for permission to place or construct wireless telecommunication facilities. Denials for permission to install or construct wireless telecommunication facilities must be in writing and must be based on evidence in a written record before the Planning Commission. If a wireless telecommunication facility meets technical standards set by the FCC, it is presumed safe. The Village may not deny a request to construct a facility on the grounds that the radio frequency emissions would be harmful to the environment or health of the residents if those emissions meet FCC standards.

(1) Purpose. These regulations are established to provide for the construction and use of wireless telecommunication towers and facilities. The purpose of these regulations is to balance the competing interests created by the Federal Telecommunications Act of 1996, and the interests of the Village in regulating wireless telecommunication facilities to minimize adverse health, safety, public welfare, including visual impacts, through siting, design, construction, buffering and reduction of the need for multiple tower locations.

(2) Priority of locations. A wireless telecommunication tower or facility may be located in the following areas when conditions specified in this Zoning Code are satisfied and efforts shall be made to locate in the areas listed in the order of priority listed:

A. First Priority: New wireless antennas may colocate on existing towers or on suitable existing structures.

B. Second Priority: A wireless telecommunication tower and/or antenna facility shall be located in an Industrial Zoning District.

C. Priority for the use of Public Land for wireless telecommunication antennas and towers will be given to the following entities in order:

1. The Village of Hiram.

2. Public Safety Agencies/Departments including law enforcement, fire and ambulance services.

3. Other governmental agencies for uses that are not related to public safety.

4. Entities providing licensed commercial wireless telecommunication services including cellular, PCS, SMR, ESMR, paging and similar services that are marketed to the general public.

(3) General requirements.

A. A proposed wireless telecommunication facility application shall comply with site plan review requirements of this Zoning Code including landscaping plans to screen the facility from adjoining uses.

B. All wireless telecommunication facilities shall be designed to promote facility and site sharing.

C. All applications for wireless telecommunication facilities shall as part of the application and site plan review process, include a plan for reclamation for both the tower facility and tower site, in the event the facility is no longer functioning in the fashion as originally intended. The reclamation plan should include the removal and disposal of all obsolete and/or abandoned equipment, as well as the reclamation of the area with vegetation to prevent erosion.

D. The applicant will submit a letter of credit, performance bond, or other security acceptable to the Village to cover the costs of the antenna or tower’s removal, of no less than $100 per vertical foot of wireless telecommunication tower height, measured from the finished grade. In addition, any colocator shall be required to provide its own financial guarantee to the Village to insure the removal and disposal of all obsolete and/or abandoned equipment, and the reclamation of the tower site.

E. The application shall include conclusive technical evidence as to why the wireless telecommunication tower and facility must be located where it is proposed to be located and no alternative choice can be considered, in order to service the applicant’s service area.

F. Existing towers must be utilized, as multi-user towers, if at all possible, before a new tower may be constructed. The applicant must provide written evidence that all wireless telecommunication service facilities that supply service within the proposed service area have been requested to permit co-location by the applicant and have been rejected by the owner of the tower, building or structure. Facilities that are not proposed to be multi-user sites must provide written explanation why the subject facility is not a candidate for co- location.

G. As a condition of issuing a conditional zoning permit to construct and operate a new tower in the Village, the owner/operator of the telecommunication tower shall agree to allow co-location until the tower has reached full antenna capacity, but in no event shall the owner/operator agree to allow fewer than two additional antenna platforms for additional providers unrelated to the owner/operator. Agreement to this provision must be included in the applicant’s lease with the landowner if different from the owner/operator of the tower. Written evidence shall be presented to the Planning Commission that the owner of the property on which the tower is to be located has agreed to the terms of this section as well as all other applicable requirements in this Zoning Code.

(4) Standards applicable to all wireless telecommunication tower facilities:

A. No tower shall be erected at a distance closer than the height of the tower plus fifty (50) feet from any structure, road, highway, or property line, excluding any building or road which is necessary to the express use of the tower.

B. All towers shall be monopole structures.

C. An eight (8) foot high security fence shall be placed around the tower base and all appurtenant structures within 20 feet of the tower base.

D. No tower shall exceed 200 feet in height and shall be the minimum height necessary to accommodate the antenna.

E. All towers shall be painted a non-contrasting gray or similar color, minimizing their visibility, unless otherwise required by the Federal Communication Commission (FCC) or Federal Aviation Administration (FAA).

F. Except as required by law, an antenna or tower shall not be illuminated and lighting fixtures or signs shall not be attached to the antenna or tower. If lighting is required by the FAA regulations, white strobe lights shall not be permitted at night unless FAA permits no other alternative. No lighting shall be constructed, placed or maintained in a manner that will constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway.

G. No advertising is permitted anywhere on the facility, with the exception of identification signage.

H. The entire site must be appropriately landscaped to be harmonious with surrounding properties and to minimize visual impacts.

1. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.

2. Buffer plantings shall be located around the perimeter of security fencing consisting of an evergreen screen, comprised of either a hedge, planted 3 feet on center maximum, or a row of evergreen trees planted five feet on center maximum.

I. All facilities shall be kept in an orderly and safe condition so as to prevent injury to any single property, individual or Village in general.

J. Access drives to any facility shall be maintained in a dust free condition.

K. Loud speakers shall not be permitted to be located on the facility.

L. “No Trespassing” signs shall be posted around the facility with a telephone number of who to contact in the event of an emergency.

M. The maximum size of the equipment shelter shall be 300 square feet for a single user shelter, or if there is more than one, 750 total square feet.

N. If an antenna for a wireless telecommunication facility is to be attached to an existing structure or building the following conditions apply:

1. The maximum height shall be 20 feet or 20% of the building height above the existing structure, whichever is greater.

2. If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on, or attached to, the building) the shelter shall comply with the following:

a. The minimum setback requirements for the subject zoning district.

b. A buffer yard may be planted in accordance with subsection (y)(4)H. hereof.

c. Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.

d. The maximum size of the equipment shelter shall not exceed 300 square feet, or if there is more than one user, 750 square feet.

O. Removal of Facilities: All towers, structures and equipment shall be removed by the owner of the tower or facility, and the site restored to its original state within 6 months following the date that the tower is no longer operational. If more than one wireless communication service provider is using the antenna support structure, the antenna support structure shall not be considered abandoned until all such users cease using the structure for 6 months.

(5) Decision by the Planning Commission. Any decision to deny a request to place, construct or modify a wireless telecommunication antenna or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning Commission.

(Ord. 2004-38. Passed 11-9-04.)

(z) Operations shall be in compliance with all Federal, State and local licensing and regulatory requirements. (Ord. 2015-19. Passed 9-8-15.)

1135.07 FINANCIAL GUARANTEE.

A bond or financial guarantee may be required to insure required conditions are complied with. (Ord. 88-10. Passed 1-10-89.)

1135.08 EXPIRATION OF CONDITIONAL USE PERMIT.

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.

(Ord. 88-10. Passed 1-10-89.)

1135.09 LANDSCAPING.

Landscaping plans on public or private property, when required by conditional zoning permit, shall be submitted to the Planning Commission.