(a)   Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.

   (b)   Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

   (c)   Boundaries indicated as approximately following City limits shall be construed as following City limits.

   (d)   Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center line of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.

   (e)   Boundaries indicated as parallel to or extensions of features indicated in subsections (a) through (d) hereof shall be so construed. Distances not specifically indicated on the official Zoning Map shall be determined by the scale of the map.

   (f)   Where physical or natural features existing on the ground are at variance with those shown of the official Zoning Map, or in other circumstances not covered by subsections (a) through (e) hereof, the Board of Appeals shall interpret the district boundaries.

   (g)   Insofar as some or all of the various districts may be indicated on the Zoning Map by patterns, which, for the sake of map clarity, do not cover public rights of way, it is intended that such district boundaries do extend to the center of any public right of way.

   (a)   Land that is zoned previous to annexation shall be classified as being in whichever district of the Zoning Ordinance most closely conforming with the zoning that existed prior to annexation, such classification to be recommended by the Planning Commission to Council and Council shall consider same as required by State law.

   (b)   Council shall adopt an appropriate addition to the Zoning Map for land not zoned prior to annexation immediately following the annexation. The Planning Commission shall recommend the appropriate zoning districts for such land to Council.

   (a)   One-family detached dwellings.

   (b)   Farms on those parcels of land separately owned outside the boundaries of either a proprietery or supervisor's plat, having an area of not less than five acres, all subject to the health and sanitation provisions of the City and provided further that no farms shall be operated as piggeries, or for the disposal of garbage, sewage, rubbish, offal or rendering plants, or for the slaughtering of animals except such animals as have been raised on the premises or have been maintained on the premises for at least a period of one year immediately prior thereto and for the use and consumption by persons residing on the premises.

   (c)   Publicly owned and operated libraries, parks, parkways and recreational facilities.

   (d)   Cemeteries which lawfully occupied land at the time of adoption of the Zoning Ordinance.

   (e)   Public, parochial and other private elementary schools offering courses in general education, and not operated for profit.

   (f)   Accessory buildings and uses, customarily incident to any of the above permitted uses.
(Ord. 82-1970. Passed 11-2-70.)

   (a)   Churches and other facilities normally incidental thereto subject to the following conditions:

      (1)   Buildings of greater than the maximum height allowed in Section 1177.01 may be allowed provided front, side and rear yards are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed.

      (2)   All access to the site shall be in accordance with Section 1187.11.

   (b)   Public, parochial and private intermediate and/or secondary schools offering courses in general education, not operated for profit. Access to the site shall be in accordance with Section 1187.11.

   (c)   Utility and public service buildings and uses (without storage yards) when operating requirements necessitate the locating of such building within the district in order to serve the immediate vicinity. (Ord. 82-1970. Passed 11-2-70.)

   (d)   Nursery schools, day nurseries and child care centers; (not including dormitories); provided that for each child so cared for, there shall be provided and maintained a minimum of 100 square feet of outdoor play area. Such play space shall have a total minimum area of not less than 3,500 square feet and shall be fenced and screened from any adjoining lot in any residential district.

   (e)   Private non-commercial recreational areas; institutional or community recreation centers; non-profit swimming pool clubs, all subject to the following conditions:

      (1)   The proposed site for any of the uses permitted herein which would attract persons from, or are intended to serve, areas beyond the immediate neighborhood shall have at least one property line abutting a major thoroughfare as designated on the Major Thoroughfare Plan, and the site shall be so planned as to provide all access in accordance with Section 1187.11.

      (2)   Front, side and rear yards shall be at least eight feet wide, and shall be landscaped in trees, shrubs and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards, except required entrance drives and those walls used to obscure the use from abutting residential districts.

      (3)   Off-street parking shall be provided so as to accommodate not less than one-half of the member families and/or individual members. The Planning Commission may modify the off-street parking requirements in those instances wherein it is specifically determined that the users will originate from the immediately adjacent areas, and will therefore be pedestrian. Prior to the issuance of a building permit or zoning compliance permit, by-laws of the organization shall be provided in order to establish the membership involved for computing the off-street parking requirements. In those cases wherein the proposed use or organization does not have by-laws or formal membership, the off-street parking requirement shall be determined by the Planning Commission on the basis of usage.

      (4)   Whenever a swimming pool is constructed under the Zoning Ordinance, such pool area shall be provided with a protective fence, eight feet in height, and entry shall be provided by means of a controlled gate.

   (f)   Golf courses, which may or may not be operated for profit, subject to the following conditions:

      (1)   The site shall be so planned as to provide all access in accordance with Section 1187.11.

      (2)   The site plan shall be laid out to achieve a relationship between the major thoroughfare and any proposed service roads, entrances, driveways and parking areas which will encourage pedestrian and vehicular traffic safety.

   (g)   Colleges, universities and other such institutions of higher learning, public and private, offering courses in general, technical, or religious education and not operated for profit, all subject to the following conditions:

      (1)   Any use permitted herein shall be developed only on sites of at least forty acres in area, and shall not be permitted on any portion of a recorded subdivision plat.

      (2)   All access to the site shall be in accordance with Section 1187.11.

      (3)   No building shall be closer than eighty feet to any property line.

   (h)   (EDITOR’S NOTE: Former subsection (h) hereof was repealed by Ordinance 102-1999, passed June 7, 1999.)

   (i)   Family Homes licensed under Ohio R.C. 5123.19, subject to the provisions of Section 1187.12.

   (j)   Accessory buildings and uses customarily incident to any of the above permitted uses. (Ord. 163-1984. Passed 12-17-84.)

   (k)   Bed and Breakfast Homes subject to the provisions of Section 1187.15.

      (Ord. 2-2003. Passed 3-3-03.)

   (a)   All uses permitted and as regulated in the R-1 through R-4 One-Family Residential District. (Ord. 26-2002. Passed 3-18-02.)

   (a)   All uses conditionally permitted and regulated in the R-1 through R-4 One- Family Residential District. (Ord. 26-2002. Passed 3-18-02.)

   (a)   See Section 1177.02 regarding flexibility allowances.

   (b)   See Section 1177.01(b) regarding setbacks.

   (c)   In regards to side yard setbacks for one-family detached dwellings within the district, a dwelling may be located within five feet of one side lot line, provided that the sum of both side yard setbacks equals 15 feet. In addition, the minimum side distance between any two dwellings shall be 15 feet.

   (a)   All uses permitted and as regulated in the One-Family Residential Districts. The standards of Section 1177.01 applicable to the R-1 One-Family Residential District, shall apply as minimum standards when one-family detached dwellings are erected.

   (b)   Two-family dwellings.

   (c)   Accessory buildings and uses customarily incident to any of the above permitted uses.

      (Ord. 82-1970. Passed 11-2-70.)

   (a)   Family Homes licensed under Ohio R.C. 5123.19, subject to the provisions of Section 1187.12.

   (b)   Accessory buildings and uses customarily incident to any of the above permitted uses.

      (Ord. 163-1984. Passed 12-17-84.)

   (c)   Bed and Breakfast Homes subject to the provisions of Section 1187.15.

      (Ord. 3-2003. Passed 3-3-03.)

   (a)   Condominium residential units. The number of residential units permitted in a condominium building located within the R-CRD District shall not exceed four residential units per building.

   (b)   Accessory buildings and uses customarily incident to a condominium development, such as clubhouses, swimming pools, parks, playgrounds, and recreational facilities. (Ord. 21-2004. Passed 3-2-04.)

   (a)   A Condominium Residential Development shall contain a minimum of five contiguous acres.

   (b)   Water and sewer facilities shall be approved by the City Engineer prior to start of construction.

   (c)   Housing density shall not exceed the following: seven residential dwelling units per acre.

   (d)   The following setbacks shall be applied to condominium lots: the front yard setback shall be twenty-five feet; the side yard setback shall be fifteen feet; and the rear yard setback shall be thirty feet. The minimum distance between condominium buildings shall be no less than thirty feet. The maximum height of condominium buildings shall not exceed two stories or twenty-five feet.

   (e)   Each development shall be required to provide a minimum of open space equaling twenty percent (20%) of the total land are exclusive of driveways, parking and loading areas. The site plan shall designate land suitable for use as open space.

   (f)   Off-street parking shall be provided at a ratio of two spaces per residential unit. Such spaces shall be enclosed within a private garage attached to the dwelling.

   (g)   All streets and parking areas shall be constructed and paved according to City standards, unless otherwise provided below:

      (1)   All private streets shall be paved to a minimum width of twenty-four feet. They shall be laid out so that their use by through traffic will be discouraged and shall be subject to review and approval by the Planning Commission.

      (2)   Dead-end private streets shall be no longer than 200 feet and shall terminate with a paved turn-around having an outside paved diameter of at least ninety feet.

   (a)   An “Application for Zoning Change” shall be completed by the prospective applicant and filed with the Director of Community Development for review by the Planning Commission.

   (b)   A Site Plan shall be submitted along with the Application for Zone Change, subject to review and approval by the Planning Commission and including the following details shown to scale:

      (1)   The location, elevation, gross floor area, and proposed uses of each existing structure to remain and for each proposed structure; a typical floor plan shall also be provided;

      (2)   The location and type of surfacing for all driveways, pedestrian ways, vehicle parking areas and curb cuts;

      (3)   The location, elevation and type of materials for walls or fences;

      (4)   The location of all landscaped areas, the type of landscaping, and a statement specifying the method by which the landscaping areas shall be maintained;

      (5)   The location of all recreational facilities and a statement specifying the method of the maintenance thereof; and

      (6)   The location of the parking facilities to be used in conjunction with each condominium unit;

   (c)   Three copies of the plans and elevations of all structures, showing the architectural features and the types and materials of construction; and

   (d)   Three copies of the covenants, conditions, and restrictions or, if there are no covenants, conditions, or restrictions, any other agreements between any person who has an ownership interest in the project and who has the right to reside in such project which will apply to the condominium project, which covenants, conditions, and restrictions or agreements shall include, but not be limited to, the following provisions:      

      (1)   Provisions satisfactory to the City for the maintnenace of the common areas of any such project by the City in the event of default in the maintenance of such common areas by individual owners of the units and for reimbursement to the City for any costs incurred thereby;

      (2)   In residential condominium projects the covenants, conditions, and restrictions or agreements shall include:

         A.   Provisions restricting the use of each residential unit to use as a single-family residence; and

         B.   Provisions establishing each individual unit owner’s exclusive right to the use of not less than two specifically designated covered parking spaces for each unit; and

      (3)   A provision that any provision required to be included in the covenants, conditions, and restrictions or agreements by this section or by the conditions of approval imposed on the project shall not be deleted or amended without the written consent of the City.

   (e)   Planning Commission recommendation for approval of the site plan shall be contingent upon a finding by the Commission that:

      (1)   The project is an integrated plan designed for the primary purpose of owner-occupied residential use; and

      (2)   The site plan shows that a proper relationship exists between local streets and any proposed service roads, driveways and parking area to encourage pedestrian and vehicular traffic safety; and

      (3)   All the development features including the principal building or buildings and any accessory buildings, or uses, open spaces and any service roads driveways and parking areas are so located and related to minimize the possibility of any adverse effects upon adjacent property, such as, but not limited to channeling excessive traffic onto local residential streets, lack of adequate screening or buffering of parking or service areas, or building groupings and circulation routes located as to interfere with police or fire equipment access.      

   (f)   Upon determination by the Planning Commission that both the Application for Zone Change and the Site Plan meet all requirements incorporated herein, the Commission will transmit its recommendation to Council. If and when Council determines that the requirements have been met, Council shall establish the R- CRD District in accordance with the procedures of Chapter 1137.

      (Ord. 21-2004. Passed 3-2-04.)

   (a)   All uses permitted and as regulated in the "R-T" Two-Family Residential District.

   (b)   Multiple-Family dwellings.

   (c)   Housing for the elderly.

   (d)   Accessory buildings and uses customarily incident to any of the above permitted uses.

      (Ord. 82-1970. Passed 11-2-70.)

      (1)   The site plan shows that a proper relationship exists between local streets and any proposed service roads, driveways and parking area to encourage pedestrian and vehicular traffic safety; and

      (2)   All the development features including the principal building or buildings and any accessory buildngs, or uses, open spaces and any service roads, driveways and parking areas are so located and related to minimize the possibility of any adverse effects upon adjacent property, such as, but not limited to channeling excessive traffic onto local residential streets, lack of adequate screening or buffering of parking or service areas, or building groupings and circulation routes located as to interfere with police or fire equipment access.

   (a)   General hospitals, with no maximum height restrictions, when the following conditions are met:

      (1)   All such hospitals shall be developed only on sites consisting of at least ten acres in area.

      (2)   All access to the site shall be in accordance with Section 1187.11.

      (3)   The minimum distance of any main or accessory building from boundary lot lines or streets shall be at least 100 feet for front, rear and side yards for all two story structures. For every story above two, the minimum yard distance shall be increased by at least twenty feet.

   (b)   Convalescent or nursing homes and orphanages when the following conditions are met:

      (1)   There shall be provided on the site, not less than 1,500 square feet of open space for each bed in the home. The 1,500 square feet of land area shall provide for landscape setting, off-street parking, service drives, loading space, yard requirement and accessory uses, but shall not include the area covered by main or accessory buildings.

      (2)   No building shall be closer than forty feet to any property line.

   (c)   Mortuary or funeral establishments:

      (1)   When adequate assembly area is provided off-street for vehicles to be used in funeral procession, provided further that such assembly area shall be provided in addition to any required off-street parking area. A caretakers residence may be provided within the main building of mortuary establishment.

      (2)   All access to the site shall be in accordance with Section 1187.11. (Ord. 82-1970. Passed 11-2-70.)

   (d)   Residential Social Service Facilities, including both Family Homes and Group Homes licensed under Ohio R.C. 5123.19, subject to the provisions of Section 1187.12.

   (e)   Accessory buildings and uses customarily incident to any of the above permitted uses. (Ord. 163-1984. Passed 12-17-84.)

   (f)   Bed and Breakfast Homes subject to the provisions of Section 1187.15.

   (g)   Bed and Breakfast Inns subject to the provisions of Section 1187.15.

      (Ord. 4-2003. Passed 3-3-03.)

   (a)   A wide variety of housing types and other principal and accessory uses including recreational and community facilities and, under certain specified conditions, local business and office uses.

   (b)   Flexibility of architectural design.

   (c)   The clustering of single and multiple-family dwelling units so that large areas of land can be left in open space.

   (d)   The full and efficient utilization of all the land only to its capabilities by providing for the location of buildings and facilities to coincide with the terrain and other natural features.

   (e)   Less extensive and more economical street lengths due to clustering of the dwelling units.

   (f)   Less extensive and more economical extension of water, sewer and other facilities.

   (g)   The preservation of geological, vegetational, scenic and other esthetic features of the land.

   (h)   An attractive option to encourage the efficient and comprehensive community development of an area or neighborhood.

   (a)   Dwelling units in detached, semi-detached, attached, or multi-family structures, or any combination thereof.

   (b)   Nonresidential uses of a cultural or recreational character to the extent that they are designed to serve primarily the residents of the PUD, are compatible and are harmoniously incorporated into the total design of the PUD

   (c)   Parking structures, B-1 Local Business Uses and O-1 Office Uses, subject to the approval of the Planning Commission and to the following special conditions:

      (1)   The Planned Unit Development must contain more than fifty acres.

      (2)   Not more than five percent (5%) of the District may be devoted to these uses.

      (3)   These uses must be developed proportionally to the total development.

      (4)   Feasibility must be demonstrated.

      (5)   These uses are further subject to the requirements of their respective B-1 or O-1 use districts as specified in the Zoning Ordinance. (Ord. 14-1975. Passed 3-17-75.)

   (a)   A Planned Unit Development shall contain a minimum of eight contiguous acres which shall not be divided into parts:

      (1)   By any State or Federal limited access highway, or

      (2)   By any large area of land or structures not included in the proposed development, or

      (3)   By any railroad rights of way, or

      (4)   By any other physical feature that tends to make distinct and separate any one area from another.

      The existence of public or private streets or highways, other than limited access highways, electrical transmission lines, or other right of way (in fee or easement) within any area shall not be considered as "any large area of land not included" when determining if an area is contiguous.

   (b)   Water and sewer facilities shall be approved by the City Engineer prior to start of construction.

   (c)   The housing density shall be defined as dwelling units per net project area. Net project area is defined as the total project area minus the required open space or as seventy percent (70%) of the total project area. The housing density shall not exceed the following:

      (1)   Single-family dwelling units: six per acre.

      (2)   Two-family dwelling units: ten per acre.

      (3)   Multiple family dwelling units in structures of two and one-half stories or less:

         51.8 rooms per acre.

             -or-

         25.9 one bedroom units per acre

         17.3 two bedroom units per acre

         13.0 three bedroom units per acre

         10.3 four bedroom units per acre

         or any combination thereof as calculated by the formula:

         # rooms = net project area in square feet

      (4)   Multiple family structures of over two and one-half stories are not permitted in an R-PUD District without the specific approval of the Planning Commission.

         These densities may be varied by the Planning Commission through consideration of the location, proposed land uses, topography, architectural design and other factors aimed at increasing the amenity of a PUD. However district requirements and design standards which normally must be met shall not be considered sufficient to grant a density increase.

   (d)   Residential units within a PUD may be clustered subject to the following conditions.

      (1)   Permanent, legal and binding access by easement or by dedication from a public street to each lot or dwelling unit for pedestrian and vehicular traffic.

      (2)   Adequate and permanent off-street parking areas for each lot or dwelling unit in accordance with Sections 1183.01 and 1183.02.

      (3)   Access from each lot or dwelling unit to be designated open space areas within the PUD.

      (4)   Lot sizes and/or building spacing requirements to be reviewed by the Planning Commission.

   (e)   Thirty percent (30%) of the gross acreage of the PUD must be devoted to open space designed to provide active recreation, passive recreation, the preservation of natural site amenities or any combination thereof. Open space may be owned and maintained in common by all PUD residents and reserved primarily for their use, or the open space may be dedicated in fee to the local governing body or one of its agencies and operated and maintained by it. (See Section 1159.04(e)). No individual, non-contiguous segment of open space shall be less than 2.5 acres. The buildings, structures and improvements to be permitted in the open space must be appropriate to the uses which are authorized for the open space and must conserve and enhance the amenities of the open space having regard to its topography and unimproved condition.

      This open space requirement shall not be satisfied by the following:

      (1)   Proposed street rights-of-way, open parking areas and driveways.

      (2)   Private open space, which shall be defined as the land owned and maintained by the resident of an individual dwelling unit and reserved exclusively for his use.

   (f)   All arterial and collector streets within the boundaries of a PUD shall be dedicated streets and shall be subject to the design standards set forth in the Subdivision Regulations. Local streets and cul-de-sacs may be either private or dedicated and may vary and be modified from these design standards as is deemed appropriate by the Planning Commission. Right-of-way width and street roadway width for private streets may be reduced as deemed appropriate by the Planning Commission especially where it is found that the plan for the PUD provides for the separation of vehicular and pedestrian circulation patterns and provides for adequate off-street parking facilities. The terms arterial street, collector street, local street and cul-de-sac are used as defined in the Subdivision Regulations.

   (g)   Building setbacks from arterial and collector streets shall conform to the appropriate setback requirements in Section 1177.01. Building setbacks from local streets and cul-de-sacs may vary from these requirements in order to provide a better use of the natural contour of the land; to strike a balance between structures, streets and open spaces; to depart from street uniformity, and to allow landscaping and architecture.

   (h)   No structure shall exceed the height regulations of the applicable provision of Section 1177.01.

   (i)   Single, attached or detached dwelling units shall contain a minimum square footage of 600 square feet exclusive of patios, carports, garages and covered porches. Minimum square footage for multi-family dwelling units is found in Section 1177.01.

   (j)   Fences, walls or planting screens shall be provided at the perimeter of the development where necessary to screen improvements, uses or other influences having an adverse impact either on the development or on adjacent property. When required, landscaping shall be sufficient to reduce the harshness of bare structures and streets. Planting material shall be of a kind and size to assure both an immediate atmosphere and a permanent survival. Soil and water control facilities shall be of a kind for adequate control. See Sections 1187.02, 1187.07 and 1187.08.

   (a)   Before filing any application for a Planned Unit Development, the prospective applicant shall submit to the Site Plan Review Committee a description of his development intentions, including sketches and basic site information, for consideration and advice as to the relation of his intentions to general developmental objectives to be attained in the area and as to the policies of the Planning Commission and Council with references thereto, for the purpose of speeding up the ensuing review process.

   (b)   Application for a Planned Unit Development District shall be made in the following manner:

      (1)   An "Application for Zoning Change" shall be completed by the prospective applicant and filed with the Director of Community Development for review by the Planning Commission.

      (2)   Ten copies of the "Preliminary Development Plan" shall also accompany the Application for Zoning Change. The Preliminary Development Plan shall contain the following data:

         A.   Written documents.

            1.   A legal description of the total site proposed for development.

            2.   Title Insurance Policy (for Attorney's Certificate) showing the ownership of the subject property, marketable title in such ownership, the source of the applicant's title or interest, and the record of the latest instrument in the claim of title for each parcel constituting the tract. Property under legal option to the applicant will also constitute an acceptable tract provided the applicant has the notorized approval of the owner. The rezoning of the tract to R-PUD will not take effect until ownership of the land is actually transferred to the applicant.

            3.   The names and addresses of all owners of property lying within 200 feet of any part of the proposed PUD-district.

            4.   A statement of planning objectives to be achieved by the PUD and a statement showing the relationship of the PUD to the Future Land Use Plan of the City and paying particular attention to the need and feasibility of housing, business, office, recreation and community facilities; how the proposed district will alleviate the need for additional developed recreational and open space in the neighborhood; how traffic will be served and congestion restrained; and how access, convenience and safety will equal or exceed the City's requirements.

            5.   A development schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed.

            6.   A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the PUD, such as land areas, dwelling units, etc.

            7.   Quantative date for the following: total number and type of dwelling units; parcel size; proposed lot coverage of buildings and structures; approximate residential densities by dwelling unit type; total amount of open space; including a separate figure for usable open space; total amount of nonresidential construction; including a separate figure for commercial or institutional facilities.

         B.   Site Plan and Supporting Maps. A site plan and any maps to show the major details of the proposed PUD must contain the following minimum information:

            1.   A vicinity map at a scale of not more than 600 feet to the inch to show all existing subdivisions, streets and tract lines of out lots over five acres and zoning of area immediately adjoining the proposed PUD.

            2.   A topographic map with contours of not more than five feet if ground slope is in excess of four percent (4%) and two feet if ground slope is less than four percent (4%) and a scale of 1" = 50' horizontal.

            3.   The existing site conditions including water courses, flood plains, unique natural features and forest cover. Also any subsurface conditions that are not typical, such as abandoned mines, if this data is known and available.

            4.   Proposed lot lines including the estimated area of irregularly shaped lots.

            5.   Proposed location of all residential structures including type of dwelling unit, floor area size, maximum heights, number of floors and propose setbacks.

            6.   Proposed location of all nonresidential land uses including recreational, cultural and commercial facilities and structures, as well as the proposed floor area size, maximum heights, number of floors and street setbacks.

            7.   The existing and proposed circulation system of arterial, collector and local streets including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way, including major points of ingress and egress to the development. Notations of proposed ownership, public or private, should be included where appropriate.

            8.   The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system, indicating proposed treatments of points of conflict.

            9.   The existing and proposed utility system, including sanitary sewers, storm sewers and water, electric, gas and telephone lines.

          10.      The location and size in acres of square feet of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, and other similar public and semi-public uses.

          11.   A general landscape plan indicating the treatment of materials used for private and common open spaces.

          12.   A grading plan showing the proposed change of topography. The Planning Commission shall inquire into the means whereby trees and other natural features will be protected during construction in order to insure preservation and prevent despoilation of the character of the area to be retained as common open space.

          13.   The proposed treatment of the perimeter of the PUD including materials and techniques used such as screens, fences and walls.

   (c)   Before granting approval of the Preliminary Development Plan, the Planning Commission must determine, on the basis of appropriate and adequately documented data submitted by the applicant and by appropriate sources, that the developer possesses the qualifications and financial resources to acquire and develop the land in accordance with the requirements incorporated herein. Adequately documented data includes information from banks and other sources itemizing assets, liabilities, and net worth, plus at least one credit report from a reliable credit reporting agency.

   (d)   Upon determination by the Planning Commission that both the Application and the Preliminary Development Plan meet all requirements incorporated herein, the Commission will transmit its recommendation to Council. If and when Council determines that the requirements have been met, Council shall establish the R-PUD District.

   (e)   The Final Development Plan of the R-PUD District shall be submitted within one year after establishment of the R-PUD District; otherwise all previous approvals shall be deemed to be revoked and that portion of the area included in the development plan for which final approval has not been given shall be subject to the zoning and subdivision regulations otherwise applicable thereto. The Final Development Plan shall contain all of the information required for the Preliminary Development Plan in its finalized, detailed form. This includes site plans sufficient for recording the engineering drawings. All schematic plans presented in the Preliminary Development Plan, such as a landscape plan, must be presented in their detailed form. Any final plats or public dedication documents must also be submitted. Engineering drawings of cross sections, street standards and utilities shall show the approval of the City Engineer. The Final Development Plan shall be deemed in substantial compliance with the Preliminary Development Plan, provided modification by the applicant does not involve a change of one or more of the following:

   (1)   Violate provisions of this chapter.

      (2)   Vary the lot areas by more than ten percent (10%).

      (3)   Involve a reduction of more than ten percent (10%) of the area reserved for common open space and/or usable open space.

      (4)   Increase the floor area proposed for nonresidential use by more than ten percent (10%).

      (5)   Increase the total ground area covered by buildings by more than ten percent (10%).

      The aforementioned modifications are acceptable provided the density and open space requirements as incorporated in the Zoning Ordinance are adhered to.

   (f)   The Planning Commission, when reviewing the Final Development Plan, shall consider for approval all areas designated as common open space. Such approval shall be subject to the submission of a legal instrument or instruments setting forth a plan or manner of permanent care and maintenance of open spaces, recreational areas, and communally owned facilities. No such instrument shall be acceptable until approved by the Law Director as to legal form and effect, and by the Planning Commission as to suitability for the proposed use of open spaces. Alternate arrangements for the ownership, management and continued integrity of the common open space including the following:

      (1)   By agreement with the Municipality, the developer may dedicate the common open space to a special service district established for the PUD on the basis of which the Municipality shall provide the necessary maintenance service and levy the cost thereof as a special assessment on the tax bills of properties within the PUD. The manner of assessing such cost to individual properties shall be determined prior to the approval of the Final Development Plan and shall be included in the title of each property.

      (2)   The common open space can be deeded to a Homeowners' Association, in which case the developer shall file a declaration of covenants and restrictions that will govern the Association. Such declaration shall be submitted with the Final Development Plan for review and approval by the Planning Commission, such approval to be based on a written opinion from the Law Director.

         A.   If the common space is conveyed to the Homeowners' Association, either one of the following methods of insuring the continued integrity of the common open space must be provided:

            1.   The legal right to develop the common open space for the uses not specified in the Final Development Plan must be conveyed to a local public agency.

            2.   The restrictions governing the use, improvement and maintenance of the common open space must be stated as conditions to the conveyance of the common open space, the fee title to the common open space to vest in a public agency in the event of a substantial default in the stated condition.

         B.   If the common open space is conveyed to a Homeowners' Association, the covenants governing the use, improvement and maintenance of the common open space may authorize a public agency to enforce their provisions according to the following:

            When the Planning Commission determines that the public interest requires assurance as to the adequate maintenance of common open space areas, it will so advise Council who may require that the covenants creating such organization shall provide that in the event the organization established to own and maintain common open space, or any successor, fail to maintain the space in reasonable order and condition in accordance with the development plan, the City may serve notice upon such organization that such deficiencies be corrected within thirty days, or any reasonable extension, thereof. Then, in order to preserve the taxable values and any City owned utilities in the neighborhood and to prevent the common open space from becoming a public nuisance, the City may enter upon such common open space and correct the deficiencies and charge therefore. The covenants creating such organization shall further provide that the cost of such maintenance by the City shall be assessed ratably against the properties within the development, and shall become a charge of the properties, and such charge on the properties shall be payable as provided by law.

   (g)   The Planning Commission may require a performance bond be furnished and filed with the City Engineer for private improvements. An escrow agreement and account approved by the Law Director as to form and content and by the Planning Commission shall be required in the amount of one hundred twenty-five percent (125%) of the estimated construction cost and engineering. These funds may be dispersed upon certification by the Project Engineer and by the City acting through the Director of Public Works. Such escrow shall accompany the request for final approval to insure completion of all public site improvement, landscaping, planting and screening.

   (h)   Upon determination by the Planning Commission that the Final Development Plan meets all requirements incorporated herein, the Commission will transmit its recommendations to Council for review and approval by Council.

   (i)   At the time an Application for Rezoning and a Preliminary Development Plan are filed with the Director of Community Development and at the time a Final Development Plan is filed with the Director of Community Development, such fees will be paid as established by Council by Resolution. Such fees will be credited to the General Fund.

      (Ord. 14-1975. Passed 3-17-75.)

   (a)   Minor changes in an approved Final Development Plan concerning the location, siting, or character of buildings and structures may be authorized by the Site Plan Review Committee, if required by engineering or other circumstances not foreseen at the time of Final Development Plan approval. No change authorized by the Site Plan Review Committee under this section may increase the size of a building or structure by more than ten percent (10%), nor change the location of any building or structure by more than ten feet in any direction; provided, notwithstanding anything in the foregoing, the Site Plan Review Committee may not permit changes beyond the minimum or maximum requirements set forth in this chapter; all other changes in the R-PUD District including changes in the site plan and in the development schedule, must be made under the procedures that are applicable to the initial approval of an R-PUD District.

   (b)   A time period of one year beginning with the official approval of the Final Development Plan shall be granted for commencement of construction. Failure to begin substantial construction within this one year period shall void the Plan as approved. If for any reason the Plan is abandoned, or if construction is terminated at any stage, Council may rescind its approval of the PUD upon recommendation of the Planning Commission, and the entire tract shall revert to a District (or Zone) consistent with the Comprehensive or Land Use Plan.

      Application for extension of time shall be made to the Planning Commission and shall be accompanied by such evidence as is necessary to show substantial need and shall be presented prior to the one year expiration date. Where the Commission finds an extension is warranted and so recommends to Council, Council may, by resolution, grant the extension.

   (c)   The applicant must begin and substantially complete the development of the PUD within the time limit set forth on the Development Plan starting from the time of its final approval. Extensions may be granted by Council upon the showing of good cause, similar to the procedure found in subsection (b) hereof. After general construction commences, the Planning Department shall review, at least once every six months, all building permits issued and compare them to the overall development phasing program. If he determines that the rate of construction of residential units or nonresidential structures substantially differs from the phasing program, he shall notify the developer and Building Inspector in writing; thereafter the Building Inspector may issue such orders to the developer as he sees fit, and upon continued violation of this subsection may suspend the developer from further construction of dwelling units or nonresidential structures until compliance is achieved. (Ord. 14-1975. Passed 3-17-75.)

   (a)   Office buildings for any of the following occupations: executive, administrative, professional, accounting, writing, clerical, stenographic, drafting and sales office subject to the limitations contained following in Section 1161.04.

   (b)   Medical offices, including clinics.

   (c)   Facilities for human care such as hospitals, sanitariums, rest and convalescent homes.

   (d)   Banks, credit unions, saving and loan associations, and similar uses; drive-in facilities as an accessory use only.

   (e)   Personal service establishments including barber shops, beauty shops and health salons.

   (f)   Off-street parking lots.

   (g)   Churches.

   (h)   Other uses similar to the above uses.

   (i)   Accessory structures and uses customarily incident to the above permitted uses.

      (Ord. 82-1970. Passed 11-2-70.)

   (a)   An accessory use customarily related to a principal use authorized by this section, such as but not limited to: a pharmacy or apothecary shop, stores limited to corrective garments or bandages, or optical service, may be permitted.

   (b)   Mortuary or funeral establishments, when adequate assembly area is provided off-street for vehicles to be used in funeral procession, provided further that such assembly area shall be provided in addition to any required off-street parking area. A caretaker's residence may be provided within the main building of mortuary establishments.

   (c)   Publicly owned buildings, telephone exchange buildings and public utility offices, but not including storage yards, transformer stations, substations or gas regulator stations.

      (Ord. 82-1970. Passed 11-2-70.)

   (a)   Generally recognized retail businesses which supply commodities on the premises, such as but not limited to: groceries, meats, dairy products, baked goods or other foods, drugs, dry goods, clothing and notions or hardware.

   (b)   Personal service establishments which perform services on the premises, such as but not limited to: repair shops (watches, radio, television, shoe, etc.), tailor shops, beauty parlors or barber shops, photographic studios and self-service laundries and dry cleaners.

   (c)   Dry cleaning establishments, or pick-up stations, dealing directly with the consumer. Central dry cleaning plants serving more than one retail outlet shall be prohibited.

   (d)   Business establishments which perform services on the premises, such as but not limited to: banks, loan companies, insurance offices and real estate offices.

   (e)   Professional services including offices of doctors, dentists, osteopaths and similar or allied professions.

   (f)   Branch Post Offices and similar governmental office buildings, serving persons living in the adjacent residential area.

   (g)   Restaurants, taverns or other places serving food or beverages except those having the character of a drive-in, except the sale of beer, wine and/or intoxicating liquors as the same are defined in the Liquor Control Act of Ohio, for the consumption on the premises of the seller, shall be prohibited within 500 feet of the nearest property line of any church mission, public or parochial school, hospital or public library.

   (h)   Other uses similar to the above uses.

   (i)   Accessory structures and uses customarily incident to the above permitted uses. (Ord. 82-1970. Passed 11-2-70.)

   (j)   Private clubs, fraternal organizations and lodge halls.

      (Ord. 28-1972. Passed 5-15-72.)

   (a)   Gasoline service station for the sale of gasoline, oil and minor accessories and where only incidental repair work is done, but not including steam cleaning or undercoating, vehicle body repair, painting, tire recapping, engine rebuilding, auto dismantling, upholstering, auto glass work, outdoor storage of wrecked or inoperative vehicles, rental equipment and/or vehicles and such other activities whose external effects could adversely extend beyond the property line.

      (1)   The driveway or curb cuts for access to a service station shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be located no less than ten feet from an adjoining property line, twenty-five feet if adjacent residential districts, as extended to the curb or pavement. Entrances shall also be no less than twenty-five feet from an intersecting street right-of-way line extended to the curb or pavement.

      (2)   The minimum lot area shall be 15,000 square feet, and so arranged that ample space is available for motor vehicles which are required to wait. Gasoline service stations which are intended solely for the sale of gasoline, oil and minor accessories and having no facilities for repair or servicing of automobiles, including lubricating facilities, may be permitted on lots of 10,000 square feet, subject to all other provisions herein required. If rental vehicles or trailers are stored on the premises, a minimum lot area of 15,000 square feet shall be devoted exclusively to service station use, and there shall be provided behind the line of the main building an additional area for the storage of rental vehicles or trailers on such premises. No vehicles or trailers shall be parked in front of the pump island setback line except vehicles actually being serviced at such pump island.

      (3)   No portion of such structure or its equipment shall be located less than fifty feet from a building in a residence district unless separated from the lots in such district by a street fifty feet or more in width. Furthermore, gasoline pumps or pump islands shall be located not less than fifteen feet from any street right-of-way line.

      (4)   The maximum volume of gasoline, lubricating oil or other motor fuel that may be stored at each service station, bulk station or other place where these materials are stored shall be 30,000 gallons and no tank or container used to store these materials shall be installed until written approval is received from the Fire Prevention Bureau of the City and also from the Chief of the Massillon Fire Department.

      (5)   All tanks shall be installed in accordance with State laws of Ohio and regulations of the State Fire Marshal, Columbus, Ohio.

      (6)   All above tanks must be underground, properly vented and placed in ground and on lot in accordance with the State laws of Ohio and regulations of the State Fire Marshal.

      (7)   Upon discontinuance of the use of the above tanks for the purpose for which they were installed, they must be removed from the property by the owner of same within ninety days.

      (8)   No open flame heating appliances permitted.

   (b)   Gasoline service stations for the sale of gasoline, oil, minor automotive accessories and goods designed to meet the day to day convenience shopping and service needs of persons residing in adjacent residential areas.

      (1)   Such use is subject to those special conditions listed pursuant to subsection (a) hereof.

      (2)   Such service stations shall not conduct nor have on site facilities for the repair or servicing of automobiles.

      (3)   All food products sold on the premises must be pre-packaged.

      (4)   Off-street parking requirements shall be provided in accordance with Section 1183.01.

   (c)   Publicly owned buildings, public utility buildings, telephone exchange buildings, electric transformer stations and substations; gas regulator stations with service yards but without storage yards; water and sewage pumping stations.

      (Ord. 94-1978. Passed 10-2-78.)

   (d)   Bed and Breakfast Homes subject to the provisions of Section 1187.15.

   (e)   Bed and Breakfast Inns subject to the provisions of Section 1187.15.

   (a)   Any retail business or service establishment permitted in B-1 Districts except gasoline service stations, subject to the regulations applicable in the Sections 1165.03 through 1165.05.

   (b)   All retail business, service establishments or processing uses as follows:

      (1)   Any retail business whose principal activity is the sale of merchandise in an enclosed building.

      (2)   Any service establishment of an office, showroom or workshop nature of an electrician, decorator, dressmaker, tailor, baker, painter, upholsterer or an establishment doing radio or home appliance repair, photographic reproduction, and similar service establishments that require a retail adjunct.

      (3)   Private clubs, fraternal organization and lodge halls.

      (4)   Restaurants or other places serving food or beverages, except those having the character of a drive-in, except the sale of beer, wine and or intoxicating liquors as the same are defined in the Liquor Control Act of Ohio, for the consumption on the premises of the seller, shall be prohibited within 500 feet of the nearest property line of any church, mission, public or parochial school, hospital or public library.

      (5)   Theaters, assembly halls, concert halls or similar places of assembly when conducted completely within enclosed buildings.

      (6)   Business schools and colleges or private schools operated for profit.

      (7)    Other uses similar to the above uses.

      (8)   Accessory structures and uses customarily incident to the above permitted uses.

         (Ord. 82-1970. Passed 11-2-70.)

   (a)   Open air business uses when developed in planned relationship with the B-2 District as follows:

      (1)   Retail sales of plant material not grown on the site, and sales of lawn furniture, playground equipment and garden supplies provided futher that such uses shall be located at the exterior end of the building mass located in a B-2 District.

      (2)   Recreational space provided children's amusement park and other similar recreation when part of a planned development, provided further that such use be located at the exterior end of the building mass located in a B-2 District, but not at the intersection of two major thoroughfares. Such recreation space shall be fenced on all sides with a four-foot chain link type fence.

   (b)   Bowling alley, billiard hall, indoor archery range, indoor tennis courts, indoor skating rink or similar forms of indoor commercial recreation when located at least 100 feet from any front, rear or side yard of any residential lot in an adjacent residential district.

   (c)   Automobile service centers, when developed as part of a larger planned shopping center designed so as to integrate the automobile service center within the site plan and architecture of the total shopping center, and provided further that a building permit shall not be issued separately for the construction of any automobile service center within the B-2 District.

   (d)   Hotel or motel, subject to the following conditions:

      (1)   Access shall be provided so as not to conflict with adjacent business uses or adversely affect traffic flow on a major thoroughfare.

      (2)   Each unit shall contain not less than 250 square feet of floor area.

         (Ord. 82-1970. Passed 11-2-70.)

   (e)   Bus passenger stations and loading areas.

      (Ord. 43-1975. Passed 6-16-75.)

   (f)   Quasi public or public recreation centers subject to the following conditions:

      (1)   The proposed site for the uses permitted herein, which would attract persons from, or are intended to serve, the City as a whole, shall have at least one property line abutting a major thoroughfare as designated on the Major Thoroughfare Plan.

      (2)   For those sides of the uses permitted herein abutting or adjacent to a Single-Family or Two-Family Residential District, there shall be provided a minimum side and rear yard setback of twenty-five feet. For those sides abutting or adjacent to a Multiple-Family Residential District there shall be provided a minimum side and rear yard setback of fifteen feet.

   (g)   Multiple-family dwellings and housing for the elderly, subject to the following conditions:

      (1)   Mixed-use structures, combining multiple-family with commercial or office uses in the same structure, shall be permitted provided that the particular commercial or office use is not determined to be detrimental to the health, safety and welfare of the residents of the structure.

      (2)   The maximum height of structures and the minimum floor area per dwelling unit shall be the same as that required for RM-1 and RM-2 Multiple-Family Residential District as specified in Section 1177.01.

      (3)   Other requirements such as building setbacks, density, open space and recreational areas shall be subject to the provisions of Section 1177.01 for RM-1 and RM-2 Multiple-Family Residential District. The Planning Commission may modify or vary these requirements where cause can be shown that no good purpose would be served by their enforcement.

      (4)   Off-street parking shall be provided in accordance with the provision of Section 1183.01.

      (5)   A sketch plan shall be submitted for the review and approval of the Planning Commission in accordance with the provisions of Section 1157.03. (Ord. 15-1981. Passed 3-2-81.)

   (h)   Bed and Breakfast Homes subject to the provisions of Section 1187.15.

   (i)   Bed and Breakfast Inns subject to the provisions of Section 1187.15.

      (1)   For those sides of the uses permitted herein abutting any Office or Business District, the setbacks shall be provided in accordance with the adjacent District's setback requirements.

      (2)   The off-street parking requirements shall be provided in accordance with Section 1183.01.

         (Ord. 63-1975. Passed 9-22-75.)

   (a)   Any retail business or service establishment permitted in B-1 and B-2 Districts as Principal Uses Permitted and Uses Permitted Subject to Special Conditions.

   (b)   Auto laundries (car wash) when completely enclosed in a building.

   (c)   Bus passenger stations.

   (d)   New and used car salesroom, showroom or office.

   (e)   Other uses similar to the above uses.

   (f)   Other structures and uses customarily incidental to the above permitted uses. (Ord. 82-1970. Passed 11-2-70.)

   (a)   Outdoor sales space for exclusive sale of new or secondhand automobiles, house trailers, or rental of trailers and/or automobiles, all subject to the following:

      (1)   The lot or area shall be provided with a permanent, durable and dustless surface, and shall be graded and drained as to dispose of all surface water accumulated within the area.

      (2)   Access to the outdoor sales area shall be at least sixty feet from the intersection of any two streets.

      (3)   No major repair or major refinishing shall be done on the lot.

      (4)   All lighting shall be shielded from adjacent residential districts.

   (b)   Hotel or motel, subject to the following conditions:

      (1)   Access shall be provided so as not to conflict with adjacent business uses or adversely affect traffic flow on a major thoroughfare.

      (2)   Each unit shall contain not less than 250 square feet of floor area.

   (c)   Business in the character of a drive-in or open front store, subject to the following conditions:

      (1)   A setback of at least sixty feet from the right-of-way line of any existing or proposed street must be maintained.

      (2)   Access points shall be located at least sixty feet from the intersection of any two streets (measured from the street right-of-way line extended to the curb or pavement).

      (3)   All lighting shall be shielded from adjacent residential districts.

      (4)   A six foot high completely obscuring wall shall be provided when abutting or adjacent districts are zoned for R, O-1, O-2, B-1, B-2 or B-3 Districts. The height of the wall shall be measured from the surface of the ground. Such wall shall further meet the requirements of Section 1187.07.

   (d)   Veterinary hospitals or clinics, provided all activities are conducted within a totally enclosed main building and provided further that all buildings are set back at least 200 feet from abutting residential districts on the same side of the street.

   (e)   Plant Materials Nursery for the retail sale of plant materials not grown on the site, and sales of lawn furniture, playground equipment and garden supplies subject to the following conditions:

      (1)   The storage and/or display of any materials and/or products shall meet all setback requirements of a structure.

      (2)   All loading and parking shall be provided off-street.

      (3)   The storage of any soil, fertilizer, or other loose, unpackaged materials shall be contained so as to prevent any affects on adjacent uses.

   (f)   Outdoor Theaters. Because outdoor theaters possess the unique characteristics of being used only after darkness and since they develop a concentration of vehicular traffic in terms of ingress and egress from their parking area, they shall be permitted in B-3 General Business Districts only. Outdoor theaters shall further be subject to the following conditions:

      (1)   The proposed internal design shall receive approval from the Building Inspector and the City Engineer as to adequacy of drainage, lighting and other technical aspects.

      (2)   Outdoor theaters shall abut a major thoroughfare and points of ingress and egress shall be available only from such major thoroughfare.

      (3)   All vehicles, waiting or standing to enter the facillity, shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated right of way.

      (4)   The area shall be so laid out as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting used to illuminate the area shall be so installed as to be confined within, and directed onto, the premises of the outdoor theater site.

      (1)   To provide sufficient space, in appropriate locations, to meet the needs of the City's expected future economy for all types of manufacturing and related uses.

      (2)   To protect abutting residential districts by separating them from manufacturing activities, and by prohibiting the use of such industrial areas for new residential development.

      (3)   To promote manufacturing development which is free from danger of fire, explosions, toxic and noxious matter, radiation and other hazards, and from offensive noise, vibration, smoke, odor and other objectionable influences.

      (4)   To promote the most desirable use of land in accordance with a well considered plan. To protect the character and established pattern of adjacent development, and in each area to conserve the value of land and buildings and other structures, and to protect the City's tax revenue.

   (a)   Any use charged with the principal function of basic research, design and pilot or experimental product development when conducted within a completely enclosed building.

   (b)   Any of the following uses when the manufacturing, compounding or processing is conducted wholly within a completely enclosed building. That portion of the land used for open storage facilities for materials or equipment used in the manufacturing, compounding or processing shall be totally obscured by a wall on those sides abutting R-1 through R-3, R-T, RM, O-1, O-2, B-1, B-2 and B-3 Districts, and on any front yard abutting a public thoroughfare except as otherwise provided in Section 1187.07. In I-1 Districts, the extent of such a wall may be determined by the Planning Commission on the basis of usage. Such a wall shall not be less than four feet six inches in height and may, depending upon land usage, be required to be eight feet in height, and shall be subject further to the requirements of Section 1187.07. A chain link fence, with intense evergreen shrub planting, shall be considered an obscuring wall. The height shall be determined in the same manner as the wall height is above set forth.

      (1)   Warehousing and wholesale establishments and trucking facilities.

      (2)   The manufacture, compounding, processing, packaging, or treatment of such products as, but not limited to: bakery goods, candy, cosmetics, pharmaceuticals, toiletries, hardware and cutlery, tool, die, gauge and machine shops.

      (3)   The manufacture, compounding, assembling or treatment of articles or merchandise from previously prepared materials: bone, canvas, cellophane, cloth, cork, elastomers, feathers, felt, fibre, fur, glass, hair, horn, leather, paper, plastics, rubber, precious or semi-precious metals or stones, sheet metal, shell, textiles, tobacco, wax, wire, wood and yarns.

      (4)   The manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas.

      (5)   The manufacture of musical instruments, toys, novelties and metal or rubber stamps, or other molded rubber products.

      (6)   The manufacture or assembly of electrical appliances, electronic instruments and devices, radios and phonographs.

      (7)   Laboratories - experimental or testing.

      (8)   The manufacturing and repair of electric or neon signs, light sheet metal products, including heating and ventilating equipment, cornices, eaves and the like.

      (9)   Central dry cleaning plants or laundries provided that such plants shall not deal directly with consumer at retail.

      (10)   All public utilities, including buildings, necessary structures, storage yards and other related uses.

   (c)   Warehouse, storage and transfer and electric and gas service buildings and yards. Public utility buildings, telephone exchange buildings, electrical transformer stations and substations and gas regulator stations. Water supply and sewage disposal plants. Water and gas tank holders. Railroad transfer and storage tracks. Railroad rights of way. Freight terminals.

   (d)   Storage facilities for building materials, sand, gravel, stone, lumber, storage of contractor's equipment and supplies, provided such is enclosed within a building or within an obscuring wall or fence on those sides abutting all Residential or Business Districts, and on any yard abutting a public thoroughfare. In any I-1 District, the extent of such fence or wall may be determined by the Planning Commission on the basis of usage. Such fence or wall shall not be less than five feet in height, and may, depending on land usage, be required to be eight feet in height. A chain link type fence, with heavy evergreen shrubbery inside of such fence shall be considered to be an obscuring fence.

   (e)   Municipal uses such as water treatment plants and reservoirs, sewage treatment plants and all other Municipal buildings and uses, including outdoor storage.

   (f)   Commercial kennels.

   (g)   Greenhouses.

   (h)   Trade or industrial schools.

   (i)   Freestanding non-accessory signs.

   (j)   Other uses of a similar and no more objectionable character to the above uses.

   (k)   Accessory buildings and uses customarily incident to any of the above permitted uses.

      (Ord. 82-1970. Passed 11-2-70.)

   (a)   Auto engine and body repair, and undercoating shops when completely enclosed.

   (b)   Lumber and planning mills when completely enclosed and when located in the interior of the district so that no property line shall form the exterior boundary of the I-1 District.

   (c)   Metal plating, buffing and polishing, subject to appropriate measures to control the type of process to prevent noxious results and/or nuisances.

   (d)   Retail uses which have an industrial character in terms of either their outdoor storage requirements or activities, such as, but not limited to lumber yard, building materials outlet, upholsterer, cabinet maker, outdoor boat, house trailer, automobile garage or agricultural implement sales, or serve convenience needs of the industrial district, such as, but not limited to eating and drinking establishments, bank, savings and loan association, credit union, automobile service station, motel or bowling alley, trade or industrial school or industrial clinic.

   (e)   Food processing.

   (f)   The refining of waste lubricating oil, including waste hydraulic oil, subject to the following conditions:

      (1)   The refining operation shall be limited only to the storage and refining of waste lubricating oil, including waste hydraulic oil. The processing, refining, distallation, or storage of any other type of petroleum or other flammable or combustible liquid shall be expressly prohibited.

      (2)   A written description of the proposed waste oil refining facility, including a preliminary site plan, shall be submitted for review by the Planning Commission. The submission shall contain information sufficient to enable the Planning Commission to determine the proposed facility's compliance with the requirements of this section.

      (3)   The refining operation shall be conducted wholly within a completely enclosed building.

      (4)   The above ground storage of those petroleum products either used or produced in the waste oil refining process shall be permitted, provided that such storage does not constitute a health or safety hazard, and further, that such storage facilities conform to all State and local fire and building codes.

      (5)   No land or buildings shall be used or occupied in any manner which creates dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding or adjoining premises. Any use permitted under 1169.03(f) may be undertaken and maintained, if acceptable measures and safeguards are implemented to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements:

         A.   Fire hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire prevention equipment and such safety devices as are normally used in the handling of such material. Such hazards shall be kept removed from adjacent activities to a distance which complies with the requirements of State and local fire and building codes.

         B.   Air pollution. No pollution of air by fly-ash, dust, vapors, odors, smoke or other substances shall be permitted which is harmful to health, animals, vegetation, or other property. Prior to the issuance of a building permit for the proposed facility, the City shall require the submission of an approved "permit to install" as granted by the Ohio Environmental Protection Agency.

         C.   Hazardous materials. The receiving or processing of any hazardous waste materials, as defined in 40 CFR Part 261, Subpart D, shall be expressly prohibited.

         D.   Water pollution. Water pollution shall be subject to the requirements and regulations established by the Ohio Environmental Protection Agency.

         E.   Enforcement provisions. Prior to the approval of the site plan and issuance of the building permit, the City Site Plan Review Committee may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in the processing and equipment operations are to be eliminated or reduced to acceptable limits and tolerances.

      (6)   The permitted use shall be located not less than 1600 feet from flood processing facility, 600 feet from any Residential District and not less than 200 feet from any other non-Industrial District.

      (7)   All permitted refining, processing, and storage facilities shall be entirely enclosed by an obscuring wall, eight feet in height, around the perimeter of such facilities. A chain link fence, with intense evergreen shrub planting, shall be considered an obscuring wall.

      (8)   The maximum size parcel of land involved in such a permitted use, including required setbacks, processing and storage facilities, off-street parking areas, office facilities, and other open space areas, shall not exceed six acres in size.

   (g)   Class IV solid waste composting facilities.

      (Ord. 138-1994. Passed 7-18-94.)

   (a)   Any principal use first permitted in an I-1 District.

   (b)   Heating and electric power generating plants, and all necessary uses.

   (c)   Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products which shall conform with the performance standards adopted by the Municipality under separate ordinance.

   (d)   Junkyards, provided such are entirely enclosed within a building or within an eight-foot obscuring wall and provided further that one property line abuts a railroad right of way. There shall be no burning on the site and all industrial processes involving the use of equipment for cutting, compressing or packaging shall be conducted within a completely enclosed building.

   (e)   Any of the following processing, production or manufacturing uses not including storage of finished products provided that they are located not less than 800 feet distant from any Residential District and not less than 300 feet distant from any other district.

      (1)   Incineration of garbage or refuse when conducted within an approved and enclosed incinerator plant.

      (2)   Blast furnace, steel furnace, bloomery or rolling mill.

      (3)   Manufacture of corrosive acid or alkali, cement, lime, gypsum or plaster of Paris.

      (4)   Petroleum or other inflammable liquids, production, refining or storage.

      (5)   Smelting of copper, iron or zinc ore.

      (6)   Slaughtering of animals or food processing.

   (f)   Any other use which shall be determined by the Board of Zoning Appeals, after recommendation from the Planning Commission, to be of the same general character as the above permitted uses in this section. The Board may impose any required setback and/or performance standards so as to insure public health, safety and general welfare.

   (g)   Accessory buildings and uses customarily incident to any of the above permitted uses. (Ord. 82-1970. Passed 11-2-70.)

   (h)   Class I, II and III solid waste composting facilities.

      (Ord. 139-1994. Passed 7-19-94.)

      (1)   Buildings used to house farm animals.

      (2)   Livestock and poultry raising or breeding for consumption on the premises and for commercial purposes.

      (3)   Production of crops, timber and pasturage.

      (4)   Recycling of organic matter.

      (5)   Roadside stands, which shall be limited to one sign advertising such products not exceeding twenty square feet, and which shall include a required minimum of two off-street parking places; all of which shall be located and set back so as not to create a traffic hazard.

      (6)   Slaughtering of livestock and poultry, production of fertilizer, processing of animal skins and hides, and the reduction of animal matter, provided that the animals, skins, hides and animal matter are either produced on the premises or the resulting product is employed as an end use on the premises.

      (7)   One-family detached dwellings.

      (8)   Publicly owned and operated parks, playgrounds and recreational facilities.

      (9)   Conservation of natural resources including land, water and open space conservation and wildlife refuges.

      (10)   Accessory buildings and uses customarily incidental to any of the permitted uses.

      (1)   Be for a specified period of years, or

      (2)   Be specifically restricted to run to the benefit of the owner of the premises, and

      (3)   Not be transferable to a subsequent owner, and

      (4)   Not run with the land, and

      (5)   Be in furtherance of, incident to, or an extension of a permitted use.

   (a)   Agricultural buildings and uses provided:

      (1)   Buildings used to house farm animals shall be located no less than 200 feet from any residential structure other than that located on the property in question.

      (2)   Livestock or poultry raising or breeding for commercial purposes shall only be permitted on lots of five acres or more.

      (3)   Roadside stands, including one sign advertising such products not exceeding twenty square feet, may be erected beyond the building line on lands used for agricultural purposes. Such roadside stand and sign shall not be erected nearer than thirty feet from either side lot line. A total of two off-street parking places shall be provided. Such stand, sign, and required off-street parking shall be located and set back in such a manner so as not to create a traffic hazard.

      (4)   Slaughter houses, fertilizer works, plants for the processing of animal skins or hides, and plants for the reduction of animal matter are specifically excluded from this District.

   (b)   One-family detached dwellings.

   (c)   Publicly owned and operated parks, playgrounds and recreational facilities.

   (d)   Conservation of natural resources including land and water conservation and wildlife refuges.

   (e)   Accessory buildings and uses, customarily incident to any of the above permitted uses.

      (Ord. 5-1985. Passed 2-18-85.)

   (a)   Utility and public service building and uses, without storage yards, when operating requirements necessitate the locating of such building within the district in order to serve the immediate vicinity.

   (b)   Private non-commercial recreational area; institutional or community recreation center; non-profit swimming pool clubs, all subject to the following conditions:

      (1)   The proposed site for any of the uses permitted herein which would attract persons from, or are intended to serve, areas beyond the immediate neighborhood shall have at least one property line abutting a major thoroughfare as designated on the Major Thoroughfare Plan, and the site shall be so planned as to provide all access in accordance with Section 1187.11.

      (2)   Front, side and rear yards shall be at least eighty feet wide and shall be landscaped in trees, shrubs and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards, except required entrance drives and those walls used to obscure the use from abutting residential districts.

      (3)   Off-street parking shall be provided so as to accommodate not less than one-half of the member families and/or individual members. The Planning Commission may modify the off-street parking requirements in those instances wherein it is specifically determined that the users will originate from the immediately adjacent areas, and will therefore be pedestrian. Prior to the issuance of a building permit or zoning compliance permit, by-laws of the organization shall be provided in order to establish the membership involved for computing the off-street parking requirements. In those cases wherein the proposed use or organization does not have by-laws or formal membership, the off-street parking requirement shall be determined by the Planning Commission on the basis of usage.

      (4)   Whenever a swimming pool is constructed under this chapter, such pool area shall be provided with a protective fence, six feet in height, and entry shall be provided by means of a controlled gate.

   (c)   Golf courses, excluding minature golf courses, which may or may not be operated for profit, subject to the following conditions:

      (1)   The site shall be so planned as to provide all access in accordance with Section 1187.11.

      (2)   The site plan shall be laid out to achieve a relationship between major thoroughfare and any proposed service roads, entrances, driveways, and parking areas which will encourage pedestrian and vehicular traffic safety.

      (3)   Development features including the principal and accessory buildings and structures shall be so located and related as to minimize the possibilities of any adverse affects upon adjacent property. This shall be not less than 200 feet from any property line abutting residentially zoned lands provided that where topographic conditions are such that buildings would be screened from view, the Planning Commission may modify this requirement.

   (d)   Private pools shall be permitted as an accessory use within the rear yard only, provided they meet the following requirements:

      (1)   There shall be a minimum distance of not less than ten feet, between the adjoining property line, or alley right of way and the outside of the pool wall. Side yard setbacks shall apply to side yards if greater than ten feet.

      (2)   There shall be a distance of not less than four feet between the outside pool wall and any building located on the same lot.

      (3)   Swimming pools shall be located no less than thirty-five feet from any front lot line.

      (4)   No swimming pool shall be located in an easement.

      (5)   For the protection of the general public, swimming pools shall be completely enclosed by a fence not less than six feet in height. The gates shall be of a self-closing and latching type, with the latch on the inside of the gate not readily available for children to open. Gates shall be capable of being securely locked when the pool is not in use for extended periods. Provided, however, that if the entire premises of the residence is enclosed, then this provision may be waived by the Building Inspector upon inspection and approval.

      (6)   A pool shall not be located nearer than twenty feet of any overhead power line.

      (7)   Accessory buildings and uses customarily incident to any of the above permitted uses. (Ord. 5-1985. Passed 2-18-85.)

      (1)   Mobile Home Parks.

      (2)   Accessory structures and uses customarily incident to the above permitted uses.

      (1)   Ohio R.C. Sections 3733.01 through 3733.08.

      (2)   Chapter 3701-27 of the Rules of the Ohio Department of Health Public Health Council.

         (Ord. 6-1985. Passed 2-18-85.)