In specific types of uses, the potentially incompatible nature of the development warrants that minimum design constraints be applied uniformly throughout the community. The following standards are deemed to be necessary to promote the intent of this Zoning Code. However, any one or all of these standards may be waived by a two-thirds affirmative vote by the Planning Commission.

(Ord. 2712. Passed 8-1-78.)

   The uses permitted by right or by special approval, in accordance with this Zoning Code, in any zoning district, shall be subject to all applicable conditions, standards and regulations regarding site design and development as are set forth in the following sections, as well as any additional requirements set forth in the respective zoning districts.

(Ord. 2712. Passed 8-1-78.)

   (a)   The minimum lot width shall be 150 feet.

   (b)   The minimum lot area shall be three acres.

   (c)   For every foot of height by which the building, exclusive of a spire, exceeds the maximum height limitation for the district, an additional (to the minimum) foot of front, side or rear yard setback shall be provided.

   (d)   The lot location shall be such that at least one property line abuts a collector street, secondary thoroughfare or major thoroughfare.

(Ord. 2712. Passed 8-1-78.)

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

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

   (c)   Driveway access shall be guided by the standards for driveway locations contained in Access Control Guidelines for Streets and Highways, published by the Montgomery-Greene County Transportation and Develop-Planning Program.

   (d)   Wherever feasible, the applicant is encouraged to design and construct a common service drive to accommodate individual access drives within the development. When located upon an arterial thoroughfare, the Planning Commission may require that such service drives be incorporated within the plan and be constructed or performance bonds in lieu of such construction be presented to the City, prior to the issuance of a building permit for the proposed structures.

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

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

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

   (g)   Parking may be located in the front yard in the case of a fast-food or carry-out restaurant only.

(Ord. 2712. Passed 8-1-78.)

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

   (b)   A public hearing shall be held after due public notice.

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

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

   (e)   The interior of the premises shall be designed with respect to lighting, drainage and the like to the satisfaction of the Planning Commission.

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

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

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

(Ord. 2712. Passed 8-1-78.)

   (a)   Public access to the principal business shall be located so as not to conflict with access to adjacent uses or so as not to adversely affect traffic flow on adjacent streets. Only one (1) exit to the major thoroughfare shall be permitted.

   (b)   Where the front yard is used to provide access, a twenty-five foot wide greenbelt shall be provided along the front property line for drive openings.

   (c)   Each unit of commercial occupancy shall contain a minimum of 250 square feet of gross floor area.

(Ord. 2712. Passed 8-1-78.)

   (a)   Public access to the site shall be located at least seventy-five feet from any intersection (as measured from the nearest right-of-way line to the edge of said access).

   (b)   The main and accessory buildings shall be located a minimum of 100 feet from any residential lot or structure.

(Ord. 2712. Passed 8-1-78.)

   (a)   The minimum lot area shall be one acre.

   (b)   A well designed and landscaped off-street vehicle assembly area shall be provided to be used in support of funeral procession activity. This area shall be in addition to the required off-street parking area or its related maneuvering space.

   (c)   A caretaker”s residence may be provided within the main building.

(Ord. 2712. Passed 8-1-78.)

   (EDITOR’S NOTE: Section 1296.09 was repealed by Ordinance 6980, passed October 18, 2022.)

   (a)   The minimum lot size shall be three acres.

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

   (c)   The main accessory buildings shall be set back at least seventy-five feet from all property lines.

   (d)   The facility shall be designed to provide a minimum of 1,500 square feet of open space for every bed used or intended to be used. This open space shall include landscaping and may include off-street parking areas, driveways, required yard setbacks and accessory uses.

(Ord. 2712. Passed 8-1-78.)

   (a)   Such establishments shall be located on lots with a minimum lot area of one acre.

   (b)   Such establishments, including principal structures and outdoor exercise areas, shall be located at least 100 feet from any residentially used or zoned property, including such uses located in agricultural zoning districts (A or AR).

   (c)   All activities other than parking and loading and exercise areas shall be conducted in a completely enclosed structure.

   (d)   Structures and exercise areas shall be designed and maintained in a manner to prevent the development of unsanitary conditions, which could result in unpleasant odor or vermin nuisances.

   (e)   Rooms intended to accommodate animals shall be soundproofed so that animal noises are not audible at any point on the perimeter of the property. Additionally, rooms intended to accommodate animals shall be vented so that animal odors are not detectable from any point on the perimeter of the property.

   (f)   Any outdoor exercise area used in conjunction with such an establishment shall be restricted to the rear or corner-side yard and shall provide a finished masonry wall or privacy fence that is six feet in height surrounding said area. If such fencing is located in a corner-side yard area, landscaping requirements meeting the standards of Chapter 1289 shall be installed on the side of the fence nearest the public right-of-way. This requirement is in addition to any bufferyard, screening, or landscaping requirements.

   (g)   All floor surfaces where animals are boarded shall be of a material that is impenetrable to liquids or coated with a sealant or covering that prevents the liquids from penetrating into the flooring material.

   (h)   Boarding shall be limited to small animals commonly kept as household pets.

(Ord. 2712. Passed 8-1-78; Ord. 6774. Passed 4-2-19.)

   (a)   The minimum main and accessory building setback shall be seventy-five feet from the front property line and fifty feet from all other property lines.

   (b)   All principal use activities shall be conducted within a totally enclosed main building.

(Ord. 2712. Passed 8-1-78.)

   (a)   The minimum lot size shall be 20,000 square feet.

   (b)   Such establishments within 150 feet of a residentially-used property shall be limited in hours of operation or shall be designed or operated to avoid disruption of such residential use(s) between the hours of 10:00 p.m. and 7:00 a.m.

   (c)   All washing structures shall be located at least fifty feet from any residentially-used property.

   (d)   All washing activities must be carried on within a completely enclosed structure, except that entrance and exit doors may be left open during the hours of operation.

   (e)   Vacuuming or steam cleaning equipment may be located outside of said building but shall not be placed closer than seventy-five feet from any residentially-used property and shall not be placed closer than twenty feet from the public right-of-way.

   (f)   The entrances and exits of the washing structure shall be from within the lot and not directly to or from an adjoining street or alley. An alley shall not be used as maneuvering or parking space for vehicles being serviced by the subject facility.

   (g)   Such establishments shall provide five stacking spaces for each vehicle washing device or stall. Said stacking spaces shall not block or otherwise interfere with site circulation patterns or extend into the public right-of-way.

   (h)   Water or residue from the washing process shall not be allowed to drain from the zoning lot containing such an establishment.

(Ord. 2712. Passed 8-1-78; Ord. 6738. Passed 8-21-18.)

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

   (b)   Retail sales to guests only may be permitted, but there shall be no externally visible evidence of a commercial activity, however incidental, nor any access to any space used for commercial activity from other than within the building.

(Ord. 2712. Passed 8-1-78.)

   (a)   The home occupation shall be clearly incidental and subordinate to the home's use for residential purposes, and not more than 25% of the gross floor area of the principal structure shall be used in the conduct of the home occupation.

   (b)   The use shall be conducted by the occupant(s) with no employees who do not live on the premise.

   (c)   The workers, residents, and customers of the home occupation shall neither interfere with nor impair the uses of the surrounding area.

   (d)   No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood.

   (e)   The use shall be carried on entirely within the dwelling and not in an accessory building.

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

   (g)   No activity, materials, goods or equipment indicative of the proposed use shall be visible from any public way or adjacent property.

   (h)   There shall be no window display, outdoor storage, or display of equipment, materials, or supplies associated with the home occupation.

   (i)   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 the proposed use is located.

   (j)   The following uses are examples of prohibited home occupations (note: this is not an exhaustive list):

      (1)   Automobile and other vehicle repair and service.

      (2)   Vehicle washing.

      (3)   Automobile sales.

      (4)   Construction, landscaping, or similar contractor facilities (an office-only use is allowed in compliance with the above standards) and other outdoor storage.

      (5)   Outdoor storage.

      (6)   Fitness/health facilities that provide group activities or services.

      (7)   Medical clinics, laboratories, or doctor's offices.

      (8)   Tattoo or piercing parlors.

      (9)   Welding and machine shop operations.

      (10)   Retail uses where there is stock-in-trade on site.

      (11)   Any home occupation that violates the standards of this section.

      (12)   Other similar uses as determined by the Development Department.

   (k)   All home occupations shall receive a zoning authorization from the Development Department and any other required documentation shall be provided to the applicable agencies prior to the initiation of the home occupation.

   (l)   No signs shall be permitted for the home occupation.

(Ord. 6626. Passed 1-17-17; Ord. 6869. Passed 2-16-21.)

   (a)   The use shall be located centrally on a continuous parcel having a dimension at least equal to the height of the tower measured from the base of said tower to all points on each property line.

   (b)   Unless specifically waived by the Planning Commission, an open air fence between four and six feet in height shall be constructed on the boundary property lines.

(Ord. 2712. Passed 8-1-78.)

   Development of natural resources and extraction of raw materials, such as rock, gravel and sand, shall be subject to the following minimum conditions:

   (a)   There shall be filed with the Zoning Inspector a location map which clearly shows areas to be mined and the location of adjacent properties, roads and natural features.

   (b)   Dimensional requirements for quarries shall be as specified below:

 

 

   (c)   No excavation shall approach closer than 300 feet to any residential district; closer than 100 feet to a major traffic street; or closer than 60 feet to any other street.

   (d)   Information shall be submitted on the anticipated depth of excavations and on the depth of, and probable effect upon, the existing water table, and such information shall be coordinated with the Ohio Division of Water.

   (e)   A permit for any quarrying may be issued for any period of from one to five years, at the discretion of the Planning Commission, but the same shall not be issued until after the applicant shall have filed with the City Clerk a bond with a surety satisfactory to both the City and the Law Director as to form, sufficiency and execution. Such bond shall be in the amount of one thousand dollars ($1,000) per acre for each acre of land to be used for the operations set forth in the application and shall guarantee that the applicant will conform with the terms of the permit for the operations and with all other provisions of this Article applying to such operations.

   (f)   If all operations undertaken pursuant to any permit issued hereunder have been conducted in full compliance with the terms of such permit and all provisions of this chapter, the time limit of such permit shall be extended by the Zoning Inspector for successive further periods, each equal to the period for which the permit was originally issued, but not beyond any final limit. Extensions beyond such final limit shall require the filing of a new application with the Board of Zoning Appeals and the issuance of a new permit, as in the first instance.

   (g)   When an open excavation will have a depth of ten feet or more, a substantial fence shall be erected at least fifty feet outside the edge of the excavation. Such fence shall be at least six feet in height with suitable gates effectively controlling access to the area in which such excavation is located.

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

   (i)   The side slope of the excavation shall be no steeper than two horizontal to one vertical, and a vegetative cover of such slopes shall consist of a short, perennial, drought-resistant grass which will permit the establishment of a good sod cover.

   (j)   All operations shall be conducted in a safe manner with respect to the likelihood of hazard to persons, physical damage to adjacent land or improvements and damage to any street by reason of slides, sinking or collapse.

   (k)   All equipment and machinery shall be operated and maintained in such manner as to minimize dust, noise and vibration. Access roads shall be maintained in dust-free condition by surfacing or other treatment as may be specified by the City Engineer.

   (l)   The quarry and all its buildings, pits and processing equipment shall be effectively screened from the view of any adjoining property in a residential district with a fence or durable masonry wall six feet in height or natural planting of comparable opacity at least six feet in height.

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

   (n)   A restrictive covenant shall be filed with the City Clerk providing that no foreign matter, such as rubbish, car bodies, refuse, etc., shall be deposited within the excavation area. Such covenant shall be approved as to form by the Law Director and shall be binding upon the applicants and their heirs, successors or assigns.

   (o)   There shall be filed with the Planning Commission a detailed plan for the restoration of the area to be mined which shall include the anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval than five feet, the type and number per acre of trees, shrubs or grass to be planted, and the location of future roads, drives, drainage courses or other improvements contemplated.

   (p)   The following requirements shall be met in the restoration plan:

      (1)   All excavation shall be made either to a water-producing depth, such depth to be not less than five feet below the low-water mark, or shall be graded or backfilled with non-noxious, nonflammable and noncombustible solids, to secure:

         A.   That the excavated area shall not collect and permit to remain therein stagnant water; or

         B.   That the surface of such area which is not permanently submerged is graded or backfilled as necessary so as to reduce the peaks and depressions thereof so as to produce a gently running surface that will minimize erosion due to rainfall, and will be in substantial conformity to the adjoining land area. The banks of all excavations not backfilled shall be sloped not less than three feet horizontal to one foot vertical and said bank shall be seeded.

      (2)   All banks and extracted areas shall be surfaced with at least six inches of suitable soil, except exposed rock surfaces, shall be planted or seeded with trees, shrubs, legumes or grasses, and shall be maintained until the soil is stabilized and approved by the Zoning Inspector.

      (3)   All equipment and structures shall be removed within three months of the completion of the extraction of materials.

   (q)   There shall be filed with the City Clerk a bond payable to the City and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The amount of the required bond shall be released upon written certification of the Zoning Inspector that the restoration is complete and in compliance with the restoration plan.

(Ord. 2712. Passed 8-1-78.)

   (a)   All sanitary landfill sites shall be subject to approval by the County Health Department.

   (b)   A topographic map, showing the design of the sanitary landfill site at a scale of not over 200 feet to the inch and with five foot contour intervals, shall be submitted with the application.

   (c)   The applicant shall submit information describing the geological characteristics of the site.

   (d)   The site shall be limited to areas where water pollution will not occur. The Planning Commission may impose any conditions it deems necessary to prevent water pollution.

   (e)   The site shall be accessible from at least two directions.

   (f)   The site shall be so located as to minimize the effect of winds carrying objectionable odors to urbanized or urbanizing areas.

   (g)   The sanitary landfill site shall be designed by a qualified expert and submitted to the County Health Department for approval.

   (h)   Suitable storage for landfill equipment shall be provided for personnel.

   (i)   Suitable shelter and sanitary facilities shall be provided for personnel.

   (j)   Suitable measures shall be taken to control fires.

   (k)   An attendant shall be on duty during the time the sanitary landfill is open, to supervise the unloading of refuse.

   (l)   Blowing paper shall be controlled by providing a portable fence near the working area. The fence and area shall be policed regularly.

   (m)   Sewage solids or liquids and other hazardous materials shall not be disposed on the site.

   (n)   There shall be no open storage or burning of refuse or garbage.

   (o)   No bulky items, such as car bodies, refrigerators and large tires, shall be disposed of on the site.

   (p)   Refuse shall be spread and compacted in shallow layers not exceeding a depth of two feet of compacted material.

   (q)   A compacted layer of at least six inches of suitable cover material shall be placed on all exposed refuse by the end of each work day.

   (r)   In all but the final layer of a landfill, a layer of suitable cover material compacted to a minimum depth of one foot shall be placed daily on all surfaces of the fill except on those where operations will continue on the following working day.

   (s)   A layer of suitable cover material compacted to a minimum thickness of two feet shall be placed over the entire surface of each portion of the final layer not later than one week following the placement of refuse within that portion.

   (t)   Conditions unfavorable for the production of insects and rodents shall be maintained by carrying out routine landfill operations promptly in a systematic manner.

   (u)   Suitable measures shall be taken whenever dust is a problem.

   (v)   The entire site, including the fill surface, shall be graded and provided with drainage facilities to minimize runoff onto and into the fill, to prevent erosion or washing of the fill, to drain off rain water falling on the fill, and to prevent the collection of standing water.

   (w)   An inspection of the entire site shall be made by a representative of the County Health Department before the earth-moving equipment is removed from the site. Any necessary corrective work shall be performed before the landfill project is accepted as completed. Arrangements shall be made for the repair of all cracked, eroded and uneven areas in the final cover during the year following completion of the fill.

   (x)   Domestic animals shall be excluded from the site.

(Ord. 2712. Passed 8-1-78.)

   (a)   The minimum lot size shall be 20,000 square feet.

   (b)   The minimum lot width shall be 100 feet.

   (c)   When permitted in the subject zoning district, Automobile fueling/recharging uses are permitted as an additional principal use on lots when said lots are at least 30,000 square feet in size and activities comply fully with Section 1296.28 - Automobile Fueling/Recharging Stations - of this Code.

   (d)   The use of the site shall be restricted to those functions relating to the servicing and maintenance of automotive vehicles. The use of the site for nonautomotive service and maintenance functions, such as used car sales, trailer rental and the like, shall be prohibited

   (e)   Outdoor display of merchandise on the site shall be restricted to the following:

      (1)   Small supplies at the pump island of lubricating oils, additives, antifreeze, windshield wiper blades and similar items.

      (2)   Tire displays and vending machines if located within or immediately adjacent to the perimeter of the service station building.

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

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

   (g)   All structures shall be located at least fifty feet from any residentially-used or zoned property.

      (1)   Where the proposed use abuts a residentially-zoned or used property, a landscaped buffer at least twenty-five feet wide shall be created along the entire length of the property for screening and buffering purposes. This bufferyard shall contain a solid fence or masonry wall at least six feet in height and a dense planting of Group A and C trees (minimum seventy percent Group C).

      (2)   Where the proposed use abuts and office or service district or use, a landscaped buffer at least fifteen feet wide shall be created along the entire length of the lot for screening and buffering purposes. This buffer shall contain a dense planting of Group A and C trees (minimum seventy percent Group C trees).

      (3)   The use of slatted chain-link fences is prohibited.

      (1)   No lighting shall constitute a nuisance or in any way impair the safe movement of traffic on any street or right-of-way, and no lighting shall shine or directly illuminate adjacent properties.

      (2)   The source of illumination in all parking lots located adjacent to a residential zoning district or use shall be located no higher than sixteen feet above the parking lot surface.

      (3)   All non-decorative lighting shall be fully cut-off fixtures that do not emit light rays above the horizontal plane, as certified by a photometric test report.

      (4)   Light bands around rooflines and/or windows or light sources within buildings and structures intended to project outwards shall incorporate automatic dimming technology that dims the light source as the ambient light levels decrease.

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

   (k)   External areas for storage of rubbish and other discarded materials shall be completely screened using a properly maintained rigid fence (slatted chain-link fences are prohibited).

   (l)   No more than one curb opening shall be permitted for every 100 feet of frontage (or major fraction thereof) along any street, with a maximum of two per frontage.

   (m)   Driveways opening on traffic lanes leading to the intersection at which the business is situated shall be located as to provide not less than forty feet spacing between the intersection formed by the adjacent street right-of-way lines and the nearest side of such driveway. Driveways opening on traffic lanes leading away from the intersection shall be located so as to provide no less than twenty feet spacing between the intersection formed by the adjacent street right-of-way lines and the nearest side of such driveways, measured along the right-of-way line.

(Ord. 6698. Passed 1-16-18; Ord. 6774. Passed 4-2-19.)

   (a)   Submittal requirements. The operator or agency applying for a special use permit to operate a community-based residential social service facility shall submit the following information to aid the Planning Commission in its review of the requested facility:

      (1)   Information sufficient to establish the need for the facility in the proposed location in relation to the specific clientele served.

      (2)   Identification of similar facilities presently existing within the County and its municipalities.

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

      (4)   A copy of the sponsoring agency”s operational and occupational standards.

      (5)   A detailed plan for services and programs.

      (6)   A review and written approval of any community-based residential social service facility - group and family homes - by any board having jurisdiction over such program.

   (b)   Facility Requirements.

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

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

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

      (4)   Off-street parking requirements shall be as follows: one space per every three persons residing in a family or community-based residential social service facility, except for facilities prohibiting ownership or operation of automobiles by occupants of such facilities. In any case, suitably screened off-street parking shall be provided on a one-to-one ratio to the number of automobiles operated out of the facility. Within neighborhoods in which on-street parking is accepted practice, on-street space directly abutting the subject lot may substitute for a proportion of the required off-street spaces if approved by the Planning Commission.

      (5)   Resident density shall not exceed that density permitted within the respective zoning districts in which the facility is proposed.

   (c)   Findings by the Planning Commission. In its review of each proposed facility, the Planning Commission shall make specific finding of fact relative to the following criteria, namely that the proposed facility:

      (1)   Is in fact a community-based residential social service facility licensed by the appropriate authority to provide such service within the State and the City. If such licensing is not available, a verified affidavit so stating has been presented to document this statement.

      (2)   Is in fact a needed facility in the location proposed, based upon evidence acceptable to the Planning Commission.

      (3)   Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or officially planned uses in the general vicinity and will not change the essential character or the same area. In this regard, it does not contribute to a concentration of such facilities in the respective area.

      (4)   Will not be hazardous or disturbing to existing or officially planned future neighboring uses from the standpoint of noise, lights, congestion or traffic generation which would be incompatible with the neighborhood environment.

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

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

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

(Ord. 2712. Passed 8-1-78; Ord. 3527. Passed 8-7-84.)

   (a)   The minimum lot area shall be one acre.

   (b)   The minimum lot frontage shall be 100 feet.

   (c)   Building setbacks shall be provided in accordance with the respective zoning district.

   (d)   The rental, sale and service of vehicles shall be limited to those vehicles not exceeding twenty feet in length, eight feet in height and eight feet in width. For larger commercial and recreational vehicles and/or equipment sales, rental and service uses, refer to Section 1296.27.

   (e)   The lot proposed for the development shall abut an arterial street as shown on the Official Thoroughfare Plan of the City of Miamisburg.

      (1)   All parking shall be on a paved surface consisting of concrete, bituminous asphalt or another approved dust-free material. All vehicles for sale or display shall be in a clearly defined display space hereby defined as being a minimum of eight feet in width and sixteen feet in length. Separate parking spaces meeting the minimum standards of Chapter 1292 shall be provided for customer and employee parking.

      (2)   Vehicle display and/or paved areas shall have a minimum setback of eight feet from any public right-of-way. Within this eight foot setback shall be a pervious landscaping area containing street trees and shrubs as required in Chapter 1290 of the Planning and Zoning Code. The perimeter of all vehicle displays areas abutting a public street shall contain continuous concrete curbing to prevent the encroachment of vehicles into the public right-of-way or into required landscaping areas along the perimeter of the parking and display areas.

      (3)   On-site customer parking shall be provided as follows: one parking space for each 800 square feet of enclosed showroom room floor area (including associated desks and sales areas), plus one space for each 4,000 square feet of open lot area devoted to the sale and display of motor vehicles (this does not include areas for drive aisles, only the areas dedicated to the display of vehicles), plus one space per employee.

      (4)   The display area shall be designed to encourage an orderly flow of vehicular traffic within striped minimum interior drive aisles being no less than fifteen feet in width.

      (5)   A fire access lane shall be provided from the principal public street to the front of each principal building that meets all applicable fire code standards and those standards of the Miami Valley Fire District.

      (6)   No vehicle shall be parked or displayed on any public street or within the public right-of-way.

      (7)   The use of elevated platforms for vehicle display shall be prohibited on the site.

      (1)   Where the proposed use abuts a residentially-zoned or used property, a landscaped buffer at least twenty-five feet wide shall be created along the entire length of the property for screening and buffering purposes. This bufferyard shall contain a solid fence or masonry wall at least six feet in height and a dense planting of Group A and C trees (minimum seventy percent Group C).

      (2)   Where the proposed use abuts and office or service district or use, a landscaped buffer at least fifteen feet wide shall be created along the entire length of the lot for screening and buffering purposes. This buffer shall contain a dense planting of Group A and C trees (minimum seventy percent Group C trees).

      (3)   The use of slatted chain-link fences is prohibited.

      (1)   No lighting shall constitute a nuisance or in any way impair the safe movement of traffic on any street or right-of-way, and no lighting shall shine or directly illuminate adjacent properties.

      (2)   The source of illumination in all parking lots located adjacent to a residential zoning district or use shall be located no higher than sixteen feet above the parking lot surface.

      (3)   All non-decorative lighting shall be fully cut-off fixtures that do not emit light rays above the horizontal plane, as certified by a photometric test report.

      (4)   Light bands around rooflines and/or windows or light sources within buildings and structures intended to project outwards shall incorporate automatic dimming technology that dims the light source as the ambient light levels decrease.

   (i)   Any vehicles awaiting parts or repair shall be screened from adjoining properties in a designated paved parking area and not be visible from the public right-of-way. The use of landscaping and fencing shall be incorporated into a site plan to screen such areas.

   (j)   Off-street loading shall be provided in accordance with the requirements of Chapter 1292 of the Planning and Zoning Code. No vehicles shall be unloaded or loaded within a public right-of-way.

(Ord. 5880. Passed 11-15-05; Ord. 6774. Passed 4-2-19.)

   (a)   All activities shall be conducted entirely within enclosed buildings.

   (b)   External yards or other external facilities for the keeping of animals shall not be permitted.

   (c)   All floor surfaces shall be of a material that is impenetrable to liquids or coated with a sealant or covering that prevents liquids from penetrating into the flooring material.

   (d)   All animal waste shall be placed in closed waste disposal containers, separate from other refuse, and a qualified waste disposal company shall be utilized to collect and dispose of all animal waste at least weekly.

   (e)   If the establishment is located within a building containing residential units or within a building that shares a common wall with an adjacent building containing residential units, the exterior walls and ceilings shall be sound-proofed to prevent objectionable noise conditions for the residential units. A statement from a registered architect or engineer to this effect shall be submitted prior to the issuance of an occupancy certificate.

(Ord. 6125. Passed 4-21-09.)

   (a)   No amusement machine center shall be located within 1,000 feet of another amusement machine center.

   (b)   Amusement machine centers shall be located on lots which abut a thoroughfare street as shown on the Official Thoroughfare Plan.

(Ord. 6252. Passed 6-7-11.)

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

   (b)   A special use application shall specifically identify the nature of the activities, hours of operation, the use of nonresident employees, and any other information specifically requested by the Planning Commission.

   (c)   All activities, programs and other events shall be identified on the special use permit application and be directly related to the special use permit so granted.

   (d)   Applicants shall clearly demonstrate that the proposed use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking and overall appearance.

   (e)   All activities, programs and other events shall be adequately and properly supervised to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.

   (f)   No operation shall create any offensive noise, vibration, smoke or other particulate matter, heat, glare, electronic interference or otherwise constitute a nuisance or safety hazard to any occupant of adjacent or nearby properties.

   (g)   Principal or accessory buildings shall be prohibited from locating in the front yard and shall have a minimum side and rear yard setback of 100 feet.

   (h)   Outdoor activity areas shall be setback from all lot lines a minimum of 60 feet. The setback shall be measured from the outer edge of the activity area.

   (i)   The owner/operator shall comply with all applicable parking regulations, as outlined in Chapter 1292 of the Zoning Code, and shall provide adequate provision for on-site parking of vehicles used by visitors and any activity-support personnel. The use of alternative pavements such as brick pavers and porous pavement is encouraged. Parking for visitors and employees shall be located behind the front building line. Drop-off areas may be located in the front yard, but shall be designed in such a way that maintains a residential character and appearance.

   (j)   Entrances to the site shall be minimized and placed in such a way as to maximize safety, provide efficient traffic circulation and minimize the impact on surrounding uses.

   (k)   Exterior lighting shall be compatible with the surrounding neighborhood and shall not spill on to any adjacent properties.

   (l)   Existing natural or man-made barriers at the site shall be provided as protection and screening against noise and visual protection for all operations. At a minimum, a 50-foot buffer yard shall be provided along all lot lines. This buffer yard shall be planted with large and small evergreen trees and one row of evergreen shrubs. The large evergreen trees shall be at least four feet in height when planted.

   (m)   The proposed use may have nonresident employees to perform lodging activities which shall be specifically approved as part of the Special Use review. The number of employees may be limited as part of the Special Use approval.

   (n)   The Planning Commission may limit the number of guests permitted at such events, the hours of operation and the number of events conducted based on anticipated impact to surrounding properties and to assure compatibility with adjacent uses.

   (o)   If any additional activities are proposed which were not included on an approved Special Use permit, then a new permit shall be requested in accordance with the procedures for Special Use permits.

(Ord. 6333. Passed 8-21-12.)

   (a)   Each brewpub, microbrewery or microwinery shall manufacture and sell alcoholic beverages in accordance with the provisions of the Ohio Division of Liquor Control and shall maintain current licenses as required by said agency.

   (b)   The only alcoholic beverages permitted to be sold or sampled on-site at microbreweries, microwineries, and brewpubs shall be those manufactured at the microbrewery or microwinery. Brewpubs that meet the definition of "Eating Establishment, Standard", as defined in Chapter 1230 of this Code, may be permitted to sell alcoholic beverages manufactured off the premise.

   (c)   No outdoor storage shall be permitted.

   (d)   All malt, vinous or distilled liquor production shall be within completely enclosed structures.

   (e)   By-products or waste from the production of malt, vinous or distilled liquor shall be properly disposed of off the property.

   (f)   The emission of odors or smells in such quantities as to produce a public nuisance or hazard is not permitted.

   (g)   Excessive noise in violation of Section 1291.04 shall prohibited.

(Ord. 6578. Passed 3-15-16; Ord. 6869. Passed 2-16-21.)

   (f)   The on-site operator of the bed and breakfast must be the owner of record and occupy the property.

   (g)   The owner shall maintain a record of the stays or all guests. The same guest or group of registrants shall not stay at the facility for a period of more than seven consecutive days or more than 14 days within a given calendar year.

   (h)   Parking. One parking space shall be required for the owner plus one space for each room intended to be rented for bed and breakfast purposes. Driveways may be used to satisfy off-street parking requirements, except for that portion of driveway located in the public right-of-way. Within such parking areas, tandem parking is permitted, but must be screened from adjacent uses by an evergreen hedge no shorter than four feet at the time of planting.

(Ord. 6626. Passed 1-17-17.)

   (a)   The minimum lot area shall be two acres.

   (b)   The minimum lot frontage shall be 150 feet.

   (c)   Building setbacks shall be provided in accordance with the respective zoning district, but no structure or outdoor display area shall be located within fifty feet of an adjoining residentially-used or zoned property.

      (1)   Equipment storage areas and all other paved areas shall have a minimum setback of fifteen feet from any public right-of-way. The perimeter of all vehicle inventory and customer parking areas shall contain bumper blocks or concrete curbing to prevent the encroachment of equipment into the public right-of-way and/or required landscaping areas. Such areas shall be landscaped with street trees in accordance with Chapter 1290 and a continuous row of shrubs at least eighteen inches in height at the time of planting.

      (2)   No equipment or recreational vehicles shall be parked or displayed on any public street or within the public right-of-way.

      (3)   No recreational vehicle or piece of equipment shall be parked or stored within fifty feet of a residentially used or zoned property.

      (4)   The use of elevated platforms to display equipment and recreational vehicles shall be prohibited.

      (5)   On-site customer parking shall be provided as follows: one parking space for each 800 square feet of enclosed showroom room floor area (including associated desks and sales areas), plus one space for each 4,000 square feet of open lot area devoted to the sale and display of motor vehicles (this does not include areas for drive aisles, only the areas dedicated to the display of vehicles), plus one space per employee.

      (1)   Where the proposed lot abuts a residentially zoned district or residential use, a landscaped buffer at least thirty feet wide shall be created along the entire length of the property for screening and buffering purposes. This bufferyard shall contain a solid fence or masonry wall at least six feet in height and a dense planting of Group A and C trees (minimum seventy percent Group C).

      (2)   Where the proposed lot abuts an office or service zoning district or use, a landscaped buffer at least twenty feet wide shall be created along the entire length of the lot for screening and buffering purposes. This buffer yard shall contain a dense planting of Group C trees that will grow into a sight-proof screen not less than six feet in height at the time of planting.

      (3)   The use of slatted chain-link fences shall be prohibited.

      (1)   No lighting shall constitute a nuisance or in any way impair the safe movement of traffic on any street or right-of-way, and no lighting shall shine or directly illuminate adjacent properties.

      (2)   The source of illumination in all parking lots located adjacent to a residential zoning district or use shall be located no higher than sixteen feet above the parking lot surface.

      (3)   All non-decorative lighting shall be fully cut-off fixtures that do not emit light rays above the horizontal plane, as certified by a photometric test report.

      (4)   Light bands around rooflines and/or windows or light sources within buildings and structures intended to project outwards shall incorporate automatic dimming technology that dims the light source as the ambient light levels decrease.

   (g)   Any equipment or recreational vehicles awaiting parts or repair associated with the business shall be screened from adjoining properties in a designated paved parking area and not be visible from the public right-of-way. The use of landscaping and fencing shall be incorporated into a site plan to screen such areas.

   (h)   All operations other than equipment and recreational vehicle display shall be conducted entirely within an enclosed structure.

   (i)   Off-street loading shall be provided in accordance with the requirements of Chapter 1292 of the Planning and Zoning Code. No vehicles or equipment shall be unloaded or loaded within a public right-of-way.

(Ord. 6774. Passed 4-2-19.)

   Automobile fueling and/or recharging stations are permitted in certain zoning districts subject to the following standards and conditions:

   (a)   The minimum lot size shall be 20,000 square feet.

   (b)   When permitted in the subject zoning district, automobile service station (not repair garage) uses are permitted as an additional principal use on lots with a minimum lot area of 30,000 square feet and said activities must comply fully with Section 1296.19 - Automobile Service Stations and Repair Garages - of this Code.

   (c)   The minimum lot width shall be 100 feet.

   (d)   The use of the site shall be restricted to those functions relating to the fueling and/or recharging of automobiles and any accessory convenience store uses. For automobile service stations or repair garages, refer to Section 1296.19. If the proposed use is to include automobile fueling and/or recharging plus automobile service or repair uses (when permitted in the applicable zoning district), the minimum lot area must be 30,000 square feet and the use must meet all the standards of this section as well as Section 1296.19.

   (e)   Outdoor activities on the site shall be restricted to the following:

      (1)   The display of merchandise in the form of small supplies at the pump island of lubricating oils, additives, antifreeze, windshield wiper blades and similar items.

      (2)   The placement of vending machines if located within or immediately adjacent to the perimeter of the principal building. All other merchandise shall be located completely within the enclosed service station building.

      (3)   Accessory car washing within an enclosed building provided that said facilities are in full compliance with Section 1296.13 - Vehicle Wash Establishments.

   (f)   All principal structures and pump islands shall be setback at least 50 feet from any residentially zoned or used property.

      (1)   Where the proposed use abuts a residentially-zoned or used property, a landscaped buffer at least 25 feet wide shall be created along the entire length of the property for screening and buffering purposes. This bufferyard shall contain a solid fence or masonry wall at least six feet in height and a dense planting of Group A and C trees (minimum 70% Group C).

      (2)   Where the proposed use abuts an office or service district or use, a landscaped buffer at least ten feet wide shall be created along the entire length of the lot for screening and buffering purposes. This buffer shall contain a dense planting of Group A and C trees (minimum 70% Group C trees).

      (3)   The use of slatted chain-link fences is prohibited.

      (1)   No lighting shall constitute a nuisance or in any way impair the safe movement of traffic on any street or right-of-way, and no lighting shall shine or directly illuminate adjacent properties.

      (2)   Light sources shall meet the requirements of Section 1291.07 of this Code.

      (3)   All non-decorative lighting shall be fully cut-off fixtures that do not emit light rays above the horizontal plane, as certified by a photometric test report.

      (4)   Light bands around rooflines and/or windows or light sources within buildings and structures intended to project outwards shall incorporate automatic dimming technology that dims the light source as the ambient light levels decrease.

   (i)   Such establishments shall provide litter receptacles of an appropriate number and location to adequately handle the volume and frequency of trash generated by customers.

   (j)   Ingress and egress drives shall not be more than 40 feet as measured at the property line.

   (k)   No more than one curb opening shall be permitted for every 100 feet of frontage (or major fraction thereof) along any street, with a maximum of two per frontage.

   (l)   Driveways opening on traffic lanes leading to the intersection at which the business is situated shall be located as to provide not less than 40 feet spacing between the intersection formed by the adjacent street right-of-way lines and the nearest side of such driveway. Driveways opening on traffic lanes leading away from the intersection shall be located so as to provide no less than 20 feet spacing between the intersection formed by the adjacent street right-of-way lines and the nearest side of such driveways, measured along the right-of-way line.

(Ord. 6845. Passed 7-21-20; Ord. 6857. Passed 6-2-20.)

   Mini-storage, self-storage, store-n-locks and similar uses are permitted in certain zoning districts subject to the following standards:

   (a)   The site plan shall indicate the orientation of the buildings and the number and size of the storage units.

   (b)    All self-storage units shall prohibit the following:

      (1)   The storage of flammable liquids or radioactive, highly combustible, explosive or hazardous materials.

      (2)   The use of the storage units for any other purpose or use other than dead storage.

   (c)   The City of Miamisburg Fire District shall be provided twenty-four-hour access to the grounds. A lockbox or similar mechanism shall be provided for its use.

   (d)   The maximum size of an individual storage compartment shall be 500 square feet.

   (e)   All storage on the premises shall be within completely enclosed buildings unless accessory outdoor storage areas are allowable in the zoning district, are screened from public rights-of-way and adjoining properties and are approved by the Planning Commission.

   (f)   The maximum lot size for such uses shall be four acres.

(Ord. 6773. Passed 4-2-19.)

   Recycling facilities, salvage and junk yards and similar uses are permitted in certain zoning districts subject to the following standards:

   (a)   Recycling facilities shall have a minimum lot area of one acre.

   (b)   Salvage and junk yards shall have a minimum lot area of two acres.

   (c)   All materials collected at a recycling facility shall be stored within an enclosed building or in closed and covered containers, and the site shall be kept free of visible trash and debris.

   (d)   All storage of materials or equipment that is not totally enclosed within a building shall be located at least 150 feet from any residential district or residentially-used property and shall be entirely enclosed within a solid fence (slatted chain-link fences not permitted) with a maximum height of eight feet. Items shall not be piled or stored higher than the top of the fence or wall.

   (e)   Landscaping and screening:

      (1)   Where the proposed lot abuts a residentially zoned district or residential use, a landscaped buffer at least fifty feet wide shall be created along the entire length of the property for screening and buffering purposes. This bufferyard shall contain a solid wood privacy fence or finished masonry wall of adequate height, as adjudged by the Planning Commission, and a dense planting of Group C trees not less than six feet in height at the time of planting planted on the side of the fence nearest the residential district or use.

      (2)   Where the proposed lot abuts any other district or use, a landscaped buffer at least thirty feet wide shall be created along the entire length of the lot for screening and buffering purposes. This bufferyard shall contain a solid wood privacy fence or finished masonry wall of adequate height, as adjudged by the Planning Commission and a dense planting of Group C trees not less than six feet in height at the time of planting planted on the side of the fence nearest the neighboring property line.

      (3)   Along the right-of-way line, a landscaped buffer measuring thirty-five feet in width shall be created and shall be planted with street trees in accordance with Chapter 1290 and a continuous row of evergreen shrubs planted at a minimum height of eighteen inches that will reach at least three feet in height at maturity. All streetscape landscaping requirements of Chapter 1290 shall also be met.

(Ord. 6773. Passed 4-2-19.)

   Such uses are permitted in certain zoning districts subject to the following standards:

   (a)   All structures shall meet the minimum setbacks of the applicable zoning district.

   (b)   Outdoor storage standards:

      (1)   All outdoor storage shall be located on an approved hard surface of concrete or asphalt.

      (2)   Outdoor storage of materials may include the storage of goods, vehicles, materials or products associated with the principal use. The storage of radioactive, toxic or otherwise hazardous materials shall be prohibited.

      (3)   If outdoor storage areas directly abut bufferyard areas, steps shall be taken to ensure such materials do not extend into the bufferyards. Example measures include fences or barriers.

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

      (5)   Areas devoted to outdoor storage shall be located in the side, corner-side or rear yard areas and outside of all front yard areas.

      (6)   All outdoor storage equal to or less than ten feet in height - measured from the highest point of the item(s) stored outdoors - shall be located outside of all required bufferyard areas and be screened in accordance with the screening requirements of service areas in Chapter 1292 and any other applicable screening and buffering standards of this Code.

      (7)   All outdoor storage exceeding ten feet in height - measured from the highest point of the item(s) stored outdoors - shall be located outside of all required bufferyard areas and be screened from all adjoining properties and in accordance with the screening requirements of service areas in Chapter 1292 of this Code. Further, such storage areas shall be located at least 150 feet from any residential district or residentially-used property.

      (8)   The maximum height of materials (raw, finished or partially-finished, etc.) stored outdoors shall be fifteen feet - measured from the highest point of the items stored outdoors.

      (9)   All vehicles or equipment stored outdoors shall be in a lawfully operable state. In no case shall inoperable vehicles be stored outside of a completely enclosed building.

   (c)   Where permitted, any outdoor manufacturing, production or fabrication of materials and goods shall take place a minimum of 300 feet from any residential district or residentially-used property.

(Ord. 6773. Passed 4-2-19.)