(a)   Until recent years, the regulation of all uses of land through zoning has been accomplished by assigning each use to one or more use districts. However, the function and characteristics of an increasing number of new kinds of land uses combined with conclusive experience regarding some of the older, familiar kinds of uses call for a more flexible and equitable procedure for properly accommodating the activities in the community. It should be recognized that the forces that influence decisions regarding the nature, magnitude and location of such types of land use activities are many and varied, depending upon functional characteristics, competitive situations, and the availability of land. Rather than assign all uses to special, individual and limited zoning districts, it is important to provide controllable and reasonably flexible requirements for certain kinds of uses that will allow practicable latitude for the investor, but that will, at the same time, maintain adequate provisions for the health, safety, convenience and general welfare of the community's inhabitants.

   (b)   In order to accomplish such a dual objective, provision is made in the Zoning Ordinance for a more detailed consideration of each land use designated a Conditionally Permitted Use in the District Regulations as it may relate to the proposed conditions of location, design, size, operation, intensity of use, generation of traffic and traffic movement, concentration of population, processes and equipment employed, and amount and kinds of public facilities and services required, together with many other possible factors. Review of this information by the Planning Commission and Council is required to ensure that each proposed Conditionally Permitted Use is consistent with the intent and objectives of the particular district in which it is to be located. Accordingly, conditional zoning certificates for such uses shall be issued in compliance with the procedures and requirements of Section 1163.04.

(Ord. 3-95. Passed 1-17-95)

   A conditional use, and uses accessory to such conditional use, shall be permitted in a district only when specified as a conditionally permitted use in such district, and only if such use conforms to the following standards in addition to any specific conditions, standards and regulations for such use or category of uses set forth in Sections 1141.03 through 1141.07. Furthermore, the Planning Commission and Council shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence that:

   (a)   The conditional use in the proposed location will be harmonious and in accordance with the purpose, intent and basic planning objectives of this Zoning Ordinance and with the objectives for the district in which located;

   (b)   The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare;

   (c)   The conditional use will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not essentially change the character of the same area;

   (d)   The conditional use will not be hazardous or disturbing to the existing and future use and enjoyment of property in the immediate vicinity for the uses permitted, nor substantially diminish or impair property values within the neighborhood;

   (e)   The establishment of the conditional use in the proposed location will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

   (f)   Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;

   (g)   Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets;

   (h)   The establishment of the conditional use should not be detrimental to the economic welfare of the community by creating excessive additional requirements at public cost for public facilities such as police, fire and schools;

   (i)   There is minimal potential for future hardship on the conditional use that could result from the proposed use being surrounded by uses permitted by right that may be incompatible;

   (j)   The design and arrangement of circulation aisles, parking areas, and access drives shall be in compliance with the Municipal Subdivision Regulations and shall provide for interconnecting circulation among adjacent parcels.

   (k)   The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located as well as any specific supplemental conditions for such use set forth in Sections 1141.03 through 1141.07.

(Ord. 3-95. Passed 1-17-95)

   (a)   Purpose. In addition to the general criteria established in Sections 1141.01 and 1141.02, the following specific conditions pertaining to each use or group of uses shall apply. Nothing in these regulations shall prohibit the Planning Commission and Council from prescribing supplementary conditions and safeguards in addition to these requirements in order to achieve the objectives established in Section 1141.02.

   (b)   Conformance with District Regulations. A conditional use, except as otherwise specifically provided in this Chapter or in the district regulations for the residential district in which such use is to be located, shall conform to such residential district regulations, and to other substantive requirements of this Zoning Ordinance, as well as satisfy the conditions, standards and requirements of this Chapter. Whenever there is a difference between the provisions of the Conditional Use regulations and the district regulations, the provisions of this Chapter shall prevail.

   (c)   Specific Area, Width and Yard Regulations. Schedule 1141.03(c) sets forth regulations governing minimum lot area, minimum lot width, and minimum yard dimensions for principal and accessory buildings and parking areas for conditional uses in residential districts that require lot area, width and yard regulations different from the residential district regulations. Additional standards and requirements pertaining to such uses are set forth in Sections 1141.05 to 1141.07 and are referenced in Schedule 1141.03(c).

 

(Ord. 3-95. Passed 1-17-95)

   (a)   Purpose. In addition to the general criteria established in Section 1141.01 and 1141.02, the following specific conditions pertaining to each use or group of uses shall apply. Nothing in these regulations shall prohibit the Planning Commission and Council from prescribing supplementary conditions and safeguards in addition to these requirements in order to achieve the objectives established in Section 1141.02.

   (b)   Compliance with District Regulations. A conditional use located in a Commercial or Industrial District shall conform to the regulations of the district in which it is located except as otherwise specifically provided in Schedule 1141.04(b) below. Additional standards and requirements pertaining to specific uses are set forth in Sections 1141.05 to 1141.07 and are referenced in Schedule 1141.04(b).

 

 

(Ord. 3-95. Passed 1-17-95)

   The following are specific criteria and requirements for certain conditional uses and are in addition to the general criteria set forth in Section 1141.02 and the lot area, width and yard regulations set forth in Sections 1141.03 and 1141.04.

   (a)   Public and Private Schools; Churches and Other Buildings for Religious Worship; Governmentally Owned/Operated Facilities other than Those Specifically Listed; Institutions for Higher Education. In a Residential or Commercial District, such public and semi-public uses may be permitted subject to the following:

      (1)   Such uses should be located on a major street or have direct access to a major street without going through a residential neighborhood to lessen the impact on the residential area.

      (2)   When located in a residential district, the access drives shall be located no less than 100 feet from an intersection.

      (3)   When located in a residential district, the building and site shall be designed and constructed to minimize any negative impacts on the surrounding residential area.

      (4)   In any district, the Planning Commission and Council may require (when appropriate) all outdoor children's activity areas to be completely fenced in to minimize traffic hazards.

   (b)   Public Utility Rights-of-Way. Public utility rights-of-way and substations may be permitted in any district subject to the following requirements:

      (1)   In residential districts, utility rights-of-way and substations shall only be permitted when such are an essential service for distribution of utilities to the immediate neighborhood or when topological features restrict the location of such facilities.

      (2)   Site locations should offer natural or manmade barriers to lessen any intrusion into residential areas.

      (3)   Storage of materials shall be within a completely enclosed building.

      (4)   Substations shall be at least 100 feet from a dwelling when located in a residential district, or 100 feet from a residential district when located in a C-I, I-1 or T-C District, or shall be adequately screened.

   (c)   Public or Private Parks, Playgrounds, or Indoor or Outdoor Public Recreation Facilities. In any Residential District, parks, playgrounds and public recreation facilities, except miniature golf courses, may be permitted subject to the following:

      (1)   All loudspeaker systems shall be approved by Planning Commission and Council and shall not create a nuisance for adjacent properties.

      (2)   Lighting shall not shine on adjacent property and shall not pose a hazard to traffic movement.

      (3)   Athletic fields, courts, or other outdoor activity areas shall not be located within any required yard.

      (4)   The Planning Commission and Council may require any outdoor activity area to be fenced to minimize traffic hazards.

      (5)   Public and semi-public swimming pools may be permitted as part of a park or as a separate recreational use in any Residential District in compliance with the following:

         A.   Public pools shall be pools and water bodies intended for public, semi-public, and private uses other than those specified as private pools for individual residences.

         B.   An in-ground or above-ground swimming, wading, or other pool having a capacity for water depth exceeding 18 inches shall be required to obtain a Zoning Certificate.

         C.   All pools shall be located within an enclosed structure or completely surrounded by a fence or wall having a height not less than four feet six inches.

         D.   All fences and other pool enclosures shall be constructed so as to have no openings, holes, or gaps larger than three inches in width, except for doors, gates and windows which shall be equipped with suitable locking devices to prevent unauthorized access. Access secured accessory buildings and walls of principal buildings may be used in place of or as part of the enclosure.

         E.   Above-ground pools having vertical surfaces of at least four feet six inches above the finished grade shall be required to have fences, enclosures and secured gates only where access may be had to the pool.

         F.   Ponds, lakes and streams to be utilized for public swimming purposes shall be fenced or secured at those locations presenting hazards to potential users and adjacent major residential developments or concentration areas for children. Hazardous locations include banks approaching, entering, and extending into the water at slopes exceeding a ratio of one foot vertical to three feet horizontal.

      (6)   Golf courses may be permitted as part of a park or as a separate recreational use in any Residential District in compliance with the following:

         A.   Access drives shall be at least 100 feet from an intersection.

         B.   Vehicular access to such uses shall be located on a major street.

   (d)   Temporary Buildings and Uses. Temporary buildings and uses for purposes incidental to construction work may be permitted in a Residential District provided such building or use is in compliance with the following:

      (1)   Any temporary structures or uses must be indicated as such on site plans submitted to the Planning Commission for approval.

      (2)   Temporary structures or uses shall not be continued as permanent structures or uses. The period of continuance shall be set by the Planning Commission.

   (e)   Child Care Center. A child care center may be permitted in an R-4, C-1 and T-C District subject to the following:

      (1)   All child care centers shall comply with the following:

         A.   Outside play areas shall be fenced for the protection and control of the children.

         B.   Required parking shall be on the same lot as the principal use.

         C.   A drop-off/pick-up location that will not impede traffic on or off the site shall be provided to ensure the safety of the children.

      (2)   A child care center that is operated as the principal use on the lot shall comply with the following additional requirements.

         A.   In a residential district, the maximum number of children shall not exceed 50 plus 25 additional children for every 1/4 acre of lot area greater than one acre.

         B.   When located in a residential district, the proposed child care center shall be located on a major or collector street, preferably at an intersection having a traffic light or shall abut a multi-family or non-residential development.

         C.   The character of the location and development must be designed to provide a residential environment for the protection of the children from the traffic, noise, and other hazards of the area and/or the arterial street location.

         D.   When located in a residential district, the building and site shall be designed and constructed to minimize any negative impacts on the surrounding residential area.

         E.   When located in a residential district, access drives shall be located no less than 100 feet from an intersection.

      (3)   A child care center may be operated as an accessory use to a place of worship, school or other public or semi-public facility in compliance with the requirements of subsection (e)(1). However, the Planning Commission and Council may determine that a child care center located on the same site as a place of worship, school or other public or semipublic organization does not, because of the volume of activity, constitute an accessory use and shall therefore require the child care center to comply with the requirements of subsection (e)(2).

      (4)   A Type B child day-care home, as defined in the Zoning Ordinance, is considered a residential use of property for zoning purposes and shall be permitted by right in all residential zoning districts.

   (f)   Family Home for Handicapped Persons. In a Residential District a family home for handicapped persons as defined in this Zoning Ordinance may be permitted provided such use is in compliance with the following:

      (1)   The persons residing in such residential home shall live as a single housekeeping unit in a single dwelling unit and maintain said home as their sole, bona fide, permanent residence. The term “permanent residence” means:

         A.   The resident intends to live at the dwelling on a continuing basis; and,

         B.   The resident does not live at the dwelling in order to receive counseling, treatment, therapy or medical care.

      (2)   Prior to a handicapped person commencing residence in the home, either the applicant or the placement agency shall certify that it has determined that the resident is handicapped as defined in 42 U.S.C. § 3602(h) and that the resident can function adequately in a community residential setting. The applicant or the placement agency shall have a continuing duty to provide such certification to the Planning Commission for each handicapped person who resides in the home after a conditional use certificate is granted;

      (3)   The applicant shall demonstrate that adequate qualified supervision will exist in the home on a 24 hour per day basis;

      (4)   No handicapped resident shall be permitted to have a bedroom on the third floor of the residence;

      (5)   In order to maintain the single-family residential character of the area in which the family home is located, the applicant is required and shall agree that upon termination of this conditional use for any reason the applicant shall restore the premises to a condition in which it is marketable as a single-family dwelling, unless ownership and/or possession of the premises is transferred to a person(s) who has obtained a similar conditional use certificate for the premises;

      (6)   Signs or other means of identification as a family home for handicapped persons shall not be permitted;

      (7)   The applicant shall comply with the applicable parking regulations of the Zoning Ordinance for the type of residential structure used by the residential home and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors;

      (8)   In considering whether to grant the conditional use certificate, Planning Commission and Council shall take into consideration the proximity and location of other such homes for handicapped persons within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use, but in no event shall such a family home be closer than 2,000 feet from where another such home for handicapped persons is located;

      (9)   Evidence shall be presented that the proposed facility meets the certification, licensing, or approval requirements of the appropriate state agency. Failure to maintain such licensure, certification or other approval requirements shall result in immediate revocation of the home's conditional use certificate;

      (10)   The residential home shall meet local fire safety requirements for the proposed use and level of occupancy.

      (11)   Conversion of an existing dwelling to a family home shall require that the dwelling be brought into conformity with existing City regulations.

   (g)   Group Home for Handicapped or Elderly Persons and Other Congregate Living Facilities. Congregate living facilities may be permitted in an R-4 Residence District provided that:

      (1)   The facility shall accommodate no more than 12 beds per acre.

      (2)   All applicable provisions of the fire code shall be met and certification of such compliance by the appropriate official shall accompany the application.

      (3)   Evidence shall be presented that the proposed facility meets the certification, licensing, or approval requirements of the appropriate state agency. Failure to maintain such licensure, certification or other approval requirements shall result in immediate revocation of the home's conditional use certificate;

      (4)   The applicant shall comply with the applicable parking regulations of the Zoning Ordinance for the type of residential structure used by the residential home and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors;

      (5)   In considering whether to grant the conditional use certificate, Planning Commission and Council shall take into consideration the proximity and location of other such homes for handicapped persons within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use, but in no event shall such a family home be closer than 2,000 feet from where another such home for handicapped persons is located;

      (6)   Residents shall either be handicapped as defined by the Zoning Ordinance or be 62 years of age or older.

   (h)   Hospitals, Clinics, Sanitariums, Convalescent Home, Homes for the Aged, and Nursing Homes. Health care facilities may be permitted in an R-4 Residential District in compliance with the following:

      (1)   Such facilities shall comply with the applicable regulations in the building code.

      (2)   The density shall not exceed 25 patients per acre.

      (3)   Such uses shall be located adjacent to a major street or at an intersection with a major street, or abutting a commercial district.

      (4)   Access drives shall be located no less than 100 feet from an intersection.

   (i)   Accessory Buildings on Large Lots. In a Residential District, an accessory building larger than permitted by the regulations set forth in the district regulations may be permitted in compliance with the following:

      (1)   The accessory building shall have a maximum area of three percent of the lot area or 2,000 square feet, whichever is less and shall not exceed 80% of the total floor area of the dwelling.

      (2)   On lots with an area of one acre to less than three acres, such accessory building shall be permitted in the rear yard.

      (3)   On lots with an area of three acres or more, such accessory building shall be permitted in the side or rear yard.

      (4)   Such accessory building shall be located no less than 10 feet from a side or rear lot line, plus 1 foot for every 2 feet of building length greater than 20 feet, of the nearest building wall which is most parallel to the corresponding side or rear lot line, except as required for structures housing animals as set forth in Section 1149.18.

   (j)   Accessory Office Uses in the R-4 District. In compliance with the goals and purposes of the R-4 Residential District, limited development of office uses may be conditionally permitted as an accessory use to a single-family dwelling located on a lot with frontage along Main Street (S.R. 91) in compliance with the following:

      (1)   At all times the residential use of the property shall be maintained as the principal use on the lot and any office use shall be accessory thereto.

      (2)   The uses permitted shall be limited to administrative, business, professional and medical offices.

      (3)   The accessory office use shall occupy no more than 100 percent of the ground floor area of the dwelling. The area of an attached garage shall not be included for the purpose of calculating floor area.

      (4)   All activities, including the storage of equipment, supplies or apparatus used in the accessory office use shall be carried on entirely within the dwelling, and no use of a garage, accessory building or outdoor area shall be permitted.

      (5)   Employee and customer parking for the proposed office use shall be accommodated on site behind the building line, in a side or rear yard.

      (6)   The proposed use shall not constitute a fire hazard endangering the site and/or adjoining properties. There shall be no storage of hazardous, combustible or flammable matter, accumulation of rubbish or waste paper, or storage of cartons and/or boxes situated in a manner that would endanger life or property in case of an actual fire. Proposed accessory office uses are subject to an annual inspection by the Zoning Inspector, City Engineer and Fire Inspector (or their representatives) to ensure that the established standards and limitations set forth for accessory office uses are complied with.

      (7)   Notwithstanding the provisions of this section, all accessory office uses shall comply with all applicable building code requirements.

   (k)   Ambulance and Emergency Medical Services. Ambulance services and other emergency medical services may be permitted in a C-1 District in compliance with the following:

      (1)   Outdoor storage of ambulances and other vehicles used in the operation of the principal use may be permitted provided such storage areas shall be located in the rear yard in off-street parking areas. Such parking areas shall be hard surfaced and screened in compliance with Section 1131.06.

      (2)   Such uses shall be located in an area least disruptive to pedestrian and vehicular traffic.

   (l)   Automatic Teller Machine. An automatic teller machine which is located on the outside of a principal building; in a lobby or entrance of a principal building and which is accessible during non-regular business hours; or enclosed separately in a freestanding building, may be permitted in a C-1 and T-C District in compliance with the following:

      (1)   Such facility should be located so as to be the least disruptive to pedestrian and vehicular traffic;

      (2)   There shall be adequate and safe standing space for persons waiting to use the facility;

      (3)   The Division of Police has determined that the location of the proposed ATM would not constitute a traffic safety hazard;

      (4)   The Planning Commission and Council may require additional parking spaces, if deemed necessary, than otherwise required for the principal use.

   (m)   Establishments Selling Alcohol. For establishments selling alcohol, the Planning Commission and Council may impose restrictions on the hours such establishment is open for business.

   (n)   Bars, Taverns, Nightclubs. Bars, taverns and nightclubs may be permitted in a C-1 and T-C District in compliance with the following:

      (1)   The Planning Commission and Council may impose restrictions on the hours such establishment is open for business.

      (2)   Such establishment shall be located a minimum of 250 feet from a dwelling or residential district.

      (3)   All activities shall take place in a fully enclosed sound-resistant building, with closed windows and double-door entrances that provide a sound lock.

   (o)   Hotels and Motels. Hotels and motels may be permitted in a C-1 District in compliance with the following:

      (1)   Lighting shall not shine on adjacent property or pose a hazard to traffic movement.

      (2)   Shall be located on a major street.

   (p)   Drive-Thru and Drive-In Facilities. Drive-thru and drive-in facilities may be permitted in a C-1 and T-C District in association with a permitted or conditionally permitted use as set forth in the regulations of the district in which such facility is proposed and shall be regulated according to the following:

      (1)   Such facilities shall be located on a major street in an area least disruptive to pedestrian and vehicular traffic.

      (2)   Loud speaker systems shall be approved as part of the site plan and shall not create a nuisance for adjacent properties.

      (3)   Access drives shall be 100 feet from an intersection; one access drive per street frontage shall be permitted; and interconnecting circulation aisles between parcels shall be provided.

      (4)   The Planning Commission and Council may impose restrictions on the hours of operation.

   (q)   Veterinary Offices and Animal Clinics. A veterinary office or animal clinic may be permitted in a C-1 and I-1 District provided there shall be no kennels or facilities for the boarding of animals except to allow indoor overnight lodging only as necessary for animals receiving medical attention.

   (r)   Outdoor Display and/or Outdoor Storage. The outdoor storage and/or display of goods, supplies and equipment may be permitted in a C-1, I-1 and T-C District in compliance with the following:

      (1)   The outdoor storage of goods, supplies and equipment used in the operation of the principal use shall:

         A.   Be located only in the rear yard;

         B.   Comply with the principal building setbacks established for the district in which the principal use is located;

         C.   Be screened in compliance with the district regulations.

      (2)   The outdoor display of goods for sale shall:

         A.   Comply with principal building setbacks established for the district in which the principal use is located;

         B.   Not be located in areas intended for traffic circulation according to the site plan.

   (s)   Gasoline Station. In C-1 and T-C District, a gasoline station, with or without associated convenience retail store, may be permitted in compliance with the following:

      (1)   Such use shall be located at the extremity of the district or at an intersection to cause the least interference with pedestrian and vehicular traffic.

      (2)   Gasoline service stations shall conform to all setback requirements of the district in which they are permitted except that gasoline pump islands need not conform to the required setbacks but shall be set back from all street right-of-way lines at least twenty feet. Lubrication, washing and other incidental servicing of motor vehicles and all supply and merchandise storage shall be completely within an enclosed building except as provided elsewhere herein.

      (3)   Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare that would constitute a nuisance to any residential district or hazard to traffic on any public thoroughfare.

      (4)   Ingress and egress driveways shall be limited to two on any one street, shall be separated from each other by at least twenty feet, and shall be separated from the intersection of any two street right-of-way lines by at least twenty feet and from the intersection of any other property line with any street right-of-way line by at least ten feet. The parking of employee vehicles and vehicles waiting to be serviced or returned to customers following service shall be parked in areas indicated for such parking on the approved site plan.

      (5)   Not more than eighty square feet of ground area may be used for the outdoor storage of discarded materials, automobile parts, scrap and other waste prior to their collection and subsequent disposal. Such storage areas shall be completely obscured from view from any point off the site by a masonry wall not less than five feet in height. Such storage area shall not be located between the principal building and any street right-of-way line and shall be made structurally a part of the principal building or shall be located a distance from the principal building not greater than ten feet.

      (6)   Outdoor display of merchandise other than rental trailers, trucks or other vehicles regulated elsewhere herein shall be confined to pump islands and to one other display area or display and storage structure conforming to all building set back lines and not exceeding in ground coverage fifty square feet nor exceeding eight feet in height nor separated from the principal building by a distance greater than ten feet.

      (7)   The rental of utility trailers and trucks and the storage of utility trailers and trucks offered for rent shall be permitted in conjunction with a gasoline service station only upon compliance with the following conditions:

         A.   Storage areas for rental trailers and trucks shall conform to all building setback lines;

         B.   Storage areas shall be screened from any abutting land zoned for residential purposed by fencing and/or landscaping considered by the Planning Commission to constitute an effective visual screen;

         C.   Storage areas shall be clearly separated from and shall not interfere with areas approved on the site plan for vehicular circulation, automobile servicing, and vehicular parking areas necessary and incidental to the primary purpose of the gasoline service station operation;

         D.   Storage areas shall be permitted only on paved portions of the site.

   (t)   Car Wash. A car wash may be permitted in a C-1 District provided that all washing shall occur within the building. A car wash may be combined with a gasoline station provided all standards for gasoline stations are maintained.

   (u)   Automobile Repair Garage and Other Similar Auto Oriented Businesses. A repair garage or similar use may be permitted, with or without associated convenience retail store, in an C-1 District in compliance with the following:

      (1)   All work shall be performed entirely within an enclosed building; all storage of supplies, parts and merchandise shall be within an enclosed building except as provided elsewhere herein.

      (2)   The parking of employee vehicles and vehicles waiting to be serviced or returned to customers following service shall be parked in areas indicated for such parking on the approved site plan.

      (3)   Not more than eighty square feet of ground area may be used for the outdoor storage of discarded materials, automobile parts, scrap and other waste prior to their collection and subsequent disposal. Such storage areas shall be completely obscured from view from any point off the site by a masonry wall not less than five feet in height. Such storage area shall not be located between the principal building and any street right-of-way line and shall be made structurally a part of the principal building or shall be located a distance from the principal building not greater than ten feet.

      (4)   Outdoor display of merchandise other than rental trailers, trucks or other vehicles regulated elsewhere herein shall be confined to one display area or display and storage structure conforming to all building set back lines and not exceeding in ground coverage fifty square feet nor exceeding eight feet in height nor separated from the principal building by a distance greater than ten feet.

      (5)   The rental of utility trailers and trucks may be permitted provided such accessory use complies with Section 1141.05(r)(7).

   (v)   Automobile Sales/Rental. In a C-1 District, the sale or rental of trucks and boats may be permitted provided that :

      (1)   Vehicles may be stored outside provided the storage area is adequately screened in compliance with Section 1131.06.

      (2)   All work on vehicles, including but not limited to cleaning, servicing and repair, shall be done only inside a suitable service building.

      (3)   Such uses may be combined with other automotive uses if the total lot area equals the sum of the areas required for each use.

   (w)   Indoor and/or Outdoor Commercial Recreation. Indoor and/or outdoor commercial recreation facilities may be permitted in a C-1 and T-C District in compliance with the following:

      (1)   The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises. In order to minimize any effects of the above, the Planning Commission and Council may require all applicable surface areas to be paved, and impose additional noise reduction measures to assure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District.

      (2)   All active recreation areas shall be enclosed by a fence having a minimum height of six feet.

      (3)   Access drives shall be located at least 100 feet from an intersection.

      (4)   All structures including lighting fixtures shall have a maximum height of 35 feet.

      (5)   Rifle ranges, skeet shooting ranges, pistol ranges and other uses involving the use of fire arms shall not be permitted, unless contained within a soundproof structure.

   (x)   Governmentally Owned and Operated Service and Maintenance Facility. In C-1 and I-1 District, a public service and maintenance facility may be permitted provided that all buildings, storage areas and substations shall be at least 100 feet from a dwelling or boundary of a residential district or shall be adequately screened.

   (y)   Conversion of Residential Structures. In a C-1 or T-C District, the conversion of a residential structure to a commercial use may be permitted in compliance with the following:

      (1)   Statements from the City Engineer, Building Official, Planning Director, City Fire Marshal, and County or State Health Department shall be submitted indicating that the building meets or can be safely converted to meet the codes and regulations which are under the control of these persons or departments.

      (2)   The residential use of the structure shall be prohibited once such structure is converted to a commercial use.

   (z)   Other Manufacturing Uses. Other manufacturing uses which are not injurious, obnoxious or offensive by reason of emission of waste water, odor, dust, fumes, vibration, smoke, gas or noise and which do not involve the manufacture, processing, fabrication or distribution of explosives, the slaughtering of animals, or stockyards may be permitted in an Industrial District in compliance with the following:

      (1)   Proposed locations should offer natural or man-made buffers;

      (2)   Hazardous operations shall be completely surrounded with a minimum six foot high security fence; City Police and Fire Departments shall be advised of any hazardous operations or materials and shall approve of such.

      (3)   Truck routes shall be established to minimize hazards and damage to other properties;

      (4)   Laundry and cleaning plants, printing and publishing, foundries, machine shop, vehicle and equipment repair services, truck terminals and other manufacturing activities which create objectionable noise shall be located no closer than 100 feet to any Residential District.

   (aa)   Expansion of a Permitted Industrial Use. In the T-C District, a permitted industrial use (as set forth in Section 1137.02) may expand the amount of building floor area or site area devoted to such use provided such expansion is in compliance with the following:

      (1)   The building floor area or site area used or occupied by the industrial use may be expanded in area equal to a maximum of 30 percent of the floor area or site area occupied by such use on the effective date of the Zoning Ordinance.

      (2)   The use of an industrial building may be changed to a permitted or conditional use as set forth in Section 1137.02. Whenever an industrial building is reoccupied by a nonindustrial use, such building shall not thereafter be reoccupied by an industrial use.

   (bb)   Gas and Oil Wells. Such uses shall be conducted not closer than 200 feet from any R-District boundary. Where the I-1 District abuts upon but is separated from an R-District by a street, the width of the street may be considered as part of the required setback. The construction, operation, and maintenance of such uses shall be such that they will not be hazardous, noxious or offensive due to the emission of odor, dust, smoke, cinders, gas fumes, noise, vibration, refuse matters or water carried wastes.

      (1)   A general statement regarding the method to be employed and the type of equipment or machinery, if any, involved therewith.

      (2)   The approximate dates within which the work will be commenced and completed.

      (3)   The applicant is capable of, and will furnish a performance bond in the minimum amount of fifteen hundred dollars ($1,500) for each acre involved, or fraction thereof, if the Conditional Zoning Certificate is granted.

      (4)   Evidence must be given that a state permit has been obtained.

      (5)   Such uses shall conform with all applicable rules and regulations set forth in the Codified Ordinances of the City of Munroe Falls.

   (cc)   Conditional Uses in a Park District. In a Park District, public recreation and entertainment facilities set forth in Section 1139.03 (a) (b) and (c) and ancillary concession stands set forth in 1139.03 (d) may be permitted subject to the following:

      (1)   All loudspeaker systems shall be approved by Planning Commission and Council and shall not create a nuisance for adjacent properties.

      (2)   Lighting shall not shine on adjacent property and shall not pose a hazard to traffic movement. The Planning Commission and Council may limit the height of lighting fixtures.

      (3)   The Planning Commission and Council may require any outdoor activity area to be fenced to minimize traffic hazards.

      (4)   Public swimming pools shall comply with the following:

         A.   All pools shall be located within an enclosed structure or completely surrounded by a fence or wall having a height not less than four feet six inches.

         B.   All fences and other pool enclosures shall be constructed so as to have no openings, holes, or gaps larger than three inches in width, except for doors, gates and windows which shall be equipped with suitable locking devices to prevent unauthorized access. Access secured accessory buildings and walls of principal buildings may be used in place of or as part of the enclosure.

         C.   Above-ground pools having vertical surfaces of at least four feet six inches above the finished grade shall be required to have fences, enclosures and secured gates only where access may be had to the pool.

         D.   Ponds, lakes and streams to be utilized for public swimming purposes shall be fenced or secured at those locations presenting hazards to potential users and adjacent major residential developments or concentration areas for children. Hazardous locations include banks approaching, entering, and extending into the water at slopes exceeding a ratio of one foot vertical to three feet horizontal.

(Ord. 28-01. Passed 9-18-01.)

   (a)   Purpose. A Planned Unit Residential Development (PURD) may be conditionally permitted in an R-1, R-2, R-3 and R-4 Residential District in accordance with the standards and regulations established in this Zoning Ordinance. It is the intent of this subsection to permit flexibility in the design of single-family residential developments through departure from the strict application of the setback, height, and minimum lot size requirements of the residential districts, while maintaining the overall density objectives of the Zoning Ordinance. Specifically, the flexible development standards for a Planned Unit Residential Development shall:

      (1)   Permit a creative approach to the development of residential land;

      (2)   Accomplish a more desirable environment than would be possible through the strict application of the minimum requirements of the Zoning Ordinance;

      (3)   Provide for an efficient use of land, resulting in smaller networks of utilities and streets and thereby lower housing costs;

      (4)   Enhance the appearance of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space in excess of existing zoning and subdivision requirements.

      (5)   Provide an opportunity for new approaches to home ownership;

      (6)   Provide an environment of stable character compatible with surrounding residential areas;

      (7)   Provide a pattern of development which preserves trees, outstanding natural topography and geologic features and prevents soil erosion.

   (b)   Voluntary Development Procedure. Use of the Planned Unit Residential Development is not mandatory for the development of any parcel of land. The intent and purpose of this process is to provide a voluntary development procedure which maximizes the utilization of land primarily for the benefit, use, ownership and enjoyment of the future residents of that area and the existing residents of the Municipality. In a Planned Unit Residential Development, open space and common recreation areas and facilities are the environmental and livability benefits furnished to the home owner and community in lieu of large individual lots.

   (c)   Approval Criteria. A PURD shall be approved by the Planning Commission and Council as a conditional use. In addition to the general review criteria for conditional uses set forth in Section 1141.02. The Planning Commission and Council shall review a proposed PURD giving particular consideration to the following:

      (1)   Uses within the proposed PURD shall be located so as to reduce any adverse influences and to protect the residential character of areas both within and adjacent to the PURD;

      (2)   Lot layout shall achieve the best possible relationship between the development and the land;

      (3)   Roadway systems, entrances, exits, recreation areas and pedestrian walkways within the PURD shall be so designed as to have access to public, primary and secondary streets without creating traffic hazards or congestion;

      (4)   The layout of recreation areas, open spaces, public sites, entrances, exits, yards, landscaping, signs, lighting and other potentially adverse influences shall be designed and located to protect the residential character within and adjacent to the PURD.

   (d)   Permitted Uses. As part of a conditionally permitted PURD, the following uses and dwelling types shall be permitted:

      (1)   Single-family residential dwellings on subdivided lots;

      (2)   Cluster single-family residential dwellings;

      (3)   Two-family residential dwellings;

      (4)   Attached single-family residential dwelling units;

      (5)   Accessory uses provided such uses are incidental to the principal use and do not include any activity conducted as a business.

   (e)   Land Area Requirements. The gross area of a tract of land proposed to be developed in a PURD shall be no less than ten acres. The area proposed for development shall be in one ownership or, if in several ownerships, the application shall be filed jointly by all the owners of the properties included in the plan. All land within the proposed development shall be contiguous except as may be divided by a public street right-of-way other than a limited access highway.

   (f)   Development Standards. A PURD approved as a conditional use may vary from the standard requirements of the district as follows in order to achieve the goals of this Section and of the district in which the PURD is located.

      (1)   Subdivision of Tract. The entire tract of land proposed for a PURD shall be considered one zoning lot. Any subdivision of land within the zoning lot following approval of the site plan, at the election of the applicant, shall not need to comply with the lot area, lot width or yard requirements established for the district in which the PURD is located.

      (2)   Density. The density of a PURD shall not exceed 0.8 dwelling units per acre in an R-1 District, provided that on any single acre within the R-1 District the density shall not exceed 4 dwelling units per acre. The density of a PURD shall not exceed 1.9 dwelling units per acre in an R-2 District, 2.3 dwelling units per acre in an R-3 District, and 2.6 dwelling units per acre in an R-4 District, provided that on any single acre within an R-2, R-3 or R-4 District the density shall not exceed 6 dwelling units per acre. The total number of units permitted shall be calculated by multiplying the total land area by the density permitted per acre.

      (3)   Distance from Project Boundary Lines. All dwelling units shall be located no closer than 25 feet to a proposed public right-of-way and 25 feet to the side and rear lot lines of the project boundary. Dwelling units fronting on an existing public street shall comply with the minimum front yard depth established for the district in which the PURD is located.

      (4)   Spacing Between Buildings. Two or more individual buildings within the PURD, including attached terraces, decks and patios, shall be separated from one another by a minimum distance of 10 feet, or equal to one-half the building wall overlap whichever is greater, provided that when the walls of one or both buildings contain living room, bedroom or dining room windows, the separation shall be 60 feet. In no case shall the separation be required to exceed 60 feet.

      (5)   Open Space Requirements. A minimum of 20 percent of the total area in a proposed PURD shall be devoted to public and/or private open space, preservation areas, recreational areas, or recreational facilities.

         A.   Land area devoted to parking areas, land fragments between two or more buildings and between buildings and parking areas, and required yards between property lines and buildings and between property lines and parking areas shall not be included as open space.

         B.   Public utility and similar easements and rights-of-way are not acceptable for common open space dedication unless such land or right-of-way is useable as a trail or similar purpose and has been approved by the Planning Commission.

         C.   The required amount of open space reserved under a PURD shall either be:

            1.   Dedicated to the Municipality for park purposes of any open space of five acres or more subject to its acceptance by Council.

            2.   Dedicated to a Homeowner's Association. An incorporated, non-profit organization operating under recorded land agreements through which each home owner in the PURD is automatically a member; and each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property; and the charge, if unpaid, becomes a lien against the property.

            3.   Held in corporate ownership by owners of the project area, for the use of each owner who buys property within the development.

         D.   The legal articles relating the organization of the homeowners association are subject to review and approval by the Planning Commission and Council and shall provide adequate provisions for the perpetual care and maintenance of all common areas.

         E.   The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.

         F.   Such open space, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the development plan.

      (6)   Public Improvement Requirements. Central sanitary sewer and water facilities shall be provided for all units within the PURD. All utilities, including telephone, cable television, and electrical systems, shall be located underground within the limits of the PURD. Appurtenances to these systems which can be effectively screened may be exempted from this requirement if the Planning Commission and Council find that such exemption will not violate the intent or character of the proposed PURD.

      (7)   Additional Standards. Additional site specific development requirements formulated to achieve the objectives of these regulations shall be established at the time the conditional use request and development plan are reviewed. Any dimensional specifications adopted with such plan become binding land use requirements for the PURD and shall supersede those contained in the district regulations.

   (g)   Supplemental Requirements. A PURD shall comply with the following supplemental requirements.

      (1)   Landscaping. All street right-of-ways and common open space shall be landscaped according to an overall plan and shall be implemented by phases as units are completed and weather permits. Natural wooded areas shall be preserved and maintained for landscaping and screening to the greatest extent possible.

      (2)   Topography - Natural Features. The PURD shall be designed to take advantage of the topography of the land in order to utilize the natural contours, and to minimize destruction of water courses, natural vegetation, trees, and topsoil.

      (3)   Grading. Grading and site preparation for areas other than building sites, streets, sidewalks and utilities shall be limited to disturbing the minimum amount of vegetation and other topographic features.

      (4)   Development Layout. Streets and cul-de-sacs shall be laid out so as to utilize natural contours and discourage through and high speed traffic.

      (5)   Circulation.

         A.   Wherever possible, the major vehicular and pedestrian circulation patterns shall be completely separate and independent from one another.

         B.   Street and sidewalk alignments, and the alignments for utilities should be parallel to contours, in valleys or on ridges where possible, in common open areas, and, as permitted by the Planning Commission and Council, in areas served by private drives or cul-de-sac streets.

      (6)   Phased Development. If the development is to be implemented in phases, each phase shall have adequate provision for access, parking, storm water management and other public improvements to serve the development in accordance with the applicable criteria set forth. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent damage to completed phases, to future phases and to adjoining property. A performance bond on the total improvements and amenities shall be furnished to the City prior to initiating construction on the first phase of the development.

   (h)   Procedures. A proposal for a PURD shall comply with the following administrative provisions.

      (1)   Site Plan Review, Approval and Conformance. A site plan for a PURD shall be required as set forth in Chapter 1163 in order to evaluate a project's compatibility with the surrounding land uses and its compliance with these regulations. Such site plan shall be approved by Planning Commission and Council.

      (2)   Significance Of An Approved Plan. An approved site plan shall become for the PURD a binding commitment of the specific elements approved for development. The approved site plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. Such a transfer shall occur only upon approval of City Council. A request for such a transfer or change of ownership shall be presented to City Council and granted only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original site plan.

      (3)   Changes to An Approved Plan. All construction and development under any building permit shall be in accordance with the approved site plan. Any departure from the approved plans shall be cause for revocation of the conditional zoning certificate. Any changes in approved plans shall be resubmitted for approval in accordance with these PURD regulations.

(Ord. 3-95. Passed 1-17-95)

   (a)   Purpose. Multi-family dwellings may be conditionally permitted in an R-4, C-1 and T-C District in accordance with the standards and regulations set forth in this Zoning Ordinance. These regulations are intended to encourage multi-family dwellings in specific locations in order to achieve the following objectives:

      (1)   To allow creativity and variety in design as necessary to implement the various goals and objectives of the City.

      (2)   To promote economical and efficient use of land through unified development.

      (3)   To protect lower density residential areas by requiring buffer areas between single-family dwellings and multi-family dwellings.

      (4)   To regulate density and distribution of population.

   (b)   Location and Approval Criteria. As a conditional use, multi-family dwellings shall only be permitted on specific parcels that comply with the following criteria:

      (1)   The location of lots for multi-family dwellings in a C-1 or T-C District shall abut at least one of the following:

         A.   A residential district so as to serve as a transition between lower density residential and non-residential development; or

         B.   An existing multi-family development.

      (2)   Vehicular and pedestrian circulation shall have direct access to the major street or be located off the side street in a manner so as not to be disruptive to abutting single-family neighborhoods.

      (3)   Developments shall only be permitted in areas served by centralized water and sewer.

      (4)   In addition to the general review criteria for conditional uses set forth in Section 1141.02, the Planning Commission and Council shall review a proposed multi-family development giving particular consideration to the following:

         A.   Buildings within the proposed development shall be located so as to reduce any adverse influences and to protect the residential character of areas both within and adjacent to the multi-family development;

         B.   Diversity and originality in individual building design shall be encouraged to achieve the best possible relationship between development and the land;

         C.   Significant buffer zones with adequate landscaping shall be provided between the proposed multi-family dwellings and existing single-family neighborhoods.

         D.   Roadway systems, service areas, parking areas, entrances, exits, and pedestrian walkways within the multi-family development shall be so designed as to have access to public streets without creating traffic hazards or congestion;

         E.   The layout of parking areas, service areas, entrances, exits, yards, courts, landscaping, signs, lighting, and other potentially adverse influences shall be designed and located to protect the residential character within and adjacent to the multi-family development.

   (c)   Permitted Uses. As part of a multi-family development, the following uses and dwelling types shall be permitted:

      (1)   Cluster single-family dwellings provided no more than fifty percent (50%) of the total units in the multi-family development are detached units;

      (2)   Attached single-family dwellings with a maximum of eight units attached;

      (3)   Two-family dwellings;

      (4)   Apartments with a maximum of 20 dwelling units per building;

      (5)   Accessory recreational and community facilities for use by the residents of the multi-family development;

      (6)   Other accessory uses permitted in the district in which the development is located.

   (d)   Minimum Land Area. The gross area of a tract of land proposed to be developed for multi-family purposes shall be no less than one acre to ensure that each project creates an appropriate residential environment. The area proposed shall be in one ownership or, if in several ownerships, the application shall be filed jointly by all the owners of the properties included in the plan.

   (e)   Development Standards. A multi-family development approved as a conditional use may vary as follows from the standard requirements of the district in which it is located:

      (1)   Density. The density of a multi-family development shall not exceed six dwelling units per acre. The total number of units permitted shall be calculated by multiplying the total land area, exclusive of public streets existing at the time the site plan is submitted, by the maximum density permitted per acre.

      (2)   Distance from Streets. All principal buildings and accessory buildings shall be set back from:

         A.   A public right-of-way a distance not less than 50 feet;

         B.   Private streets, parking lots and other primary vehicular accessways a distance not less than 20 feet, except that detached parking garages may be adjacent to parking lots.

      (3)   Distance from Property Lines. All principal buildings in a multi-family development shall be located no closer than 40 feet to a property line except that when a proposed multi-family abuts a non-residential district or development, or an existing multi-family development, principal buildings shall be located no less than 20 feet from the property line forming the common boundary.

      (4)   Minimum Spacing Between Dwellings. The minimum distance between all dwellings, including attached terraces, decks, and patios shall be 10 feet or equal to one-half the building wall overlap, whichever is greater, provided that when the walls of one or both buildings contain windows of living rooms, bedrooms or dining rooms, the separation shall be 60 feet. In no case shall the separation be required to exceed 60 feet.

      (5)   Maximum Building Height. The height of principal buildings shall not exceed 35 feet and accessory buildings shall not exceed 15 feet.

(Ord. 3-95. Passed 1-17-95.)

      (6)   Minimum Floor Area of Dwelling Units. The minimum floor area for a dwelling unit shall be not less than specified below. For attached single-family units, townhouse units and apartment units, measurements shall be made to the center line of party walls. All areas within garages, porches, public hallways and general storage rooms in apartment dwellings shall be excluded from this measurement.

         A.   Single-Family Detached Units: 1,400 square feet per dwelling unit.

         B.   Two-Family: 1,200 square feet per dwelling unit.

         C.   Attached Single-Family: 1,400 square feet per dwelling unit.

         D.   Apartment: 950 square feet for each one bedroom dwelling unit; 1,000 square feet for each two bedroom dwelling unit; and 1,200 square feet for each three bedroom dwelling unit.

(Ord. 18-97. Passed 5-6-97.)

      (7)   Senior Citizen Apartments. For a multi-family development which is intended to be exclusively devoted to Senior Citizen Apartments, the minimum dwelling unit floor area shall be 500 square feet provided that to qualify as a senior citizen apartment development the applicant shall present documentation to the satisfaction of the Law Director that ensures that the multi-family dwelling units are constructed for and perpetually reserved for senior citizen apartments.

      (8)   Open Space Requirements. A minimum of twenty percent (20%) of the total area in a proposed multi-family development shall be devoted to public and/or private open space, preservation areas, recreational areas, or recreational facilities.

         A.   Land area devoted to parking areas, land fragments between two or more buildings and between buildings and parking areas, and required yards between property lines and buildings and between property lines and parking areas shall not be included as open space.

         B.   The required amount of open space shall either be: held in corporate ownership by owners of the project area, for the use of residents within the development; dedicated to a homeowners' association who shall have title to the land which shall be retained as common open space for parks, recreation and related uses; or offered for dedication to the City for perpetual preservation as a natural area or public recreational use.

         C.   The legal articles relating the organization of the homeowners association are subject to review and approval by the Planning Commission and Council and shall provide adequate provisions for the perpetual care and maintenance of all common areas.

         D.   Public utility and similar easements and rights-of-way are not acceptable for common open space dedication unless such land or right-of-way is useable as a trail or similar purpose and has been approved by the Planning Commission.

         E.   The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.

         F.   Such open space, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the development plan.

      (9)   Landscaping and Screening Requirements. A multi-family development shall provide and maintain the following landscaping and screening standards:

         A.   Front Yard Landscaped Strip. A strip 50 feet wide immediately adjacent to any street right-of-way and running the width of the site (except for vehicular entrances and exits) shall be planted, landscaped and maintained in a neat and orderly fashion. No other uses, including parking, shall be permitted in this strip, except for driveways.

         B.   Side and Rear Yard Screening. A strip of land at least 10 feet in width and running the length of every side and rear yard shall be landscaped and planted for screening purposes and shall be devoid of all other uses, including parking and driveways. The total side and rear yard width shall be maintained in a neat and orderly fashion.

         C.   Screening and Landscaping of Parking Lots. Perimeter and interior landscaping of parking lots shall be provided in conformance with the regulations set forth in Sections 1143.07(h) and 1143.07(i).

      (10)   Required Parking. Parking spaces shall be provided in accordance with the requirements and design standards set forth in Chapter 1143.

      (11)   Additional Standards. Additional site specific development requirements formulated to achieve the objectives of these regulations shall be established at the time the site plan and the conditional use request are reviewed. Any dimensional specifications adopted with such plan become binding land use requirements for the proposed multi-family development.

(Ord. 3-95. Passed 1-17-95)

   (a)   The purpose of amending this chapter of the City of Munroe Falls Zoning Code is to maintain local control over consideration of variance requests in certain riparian areas. It is in the best interest of the City of Munroe Falls to allow flexibility in the implementation of this chapter, and to reduce the need for variance requests from the specific provisions of this chapter, and thereby promote environmental quality; and

   (a)   The provisions of this chapter shall apply to all lands within the jurisdiction of the City of Munroe Falls.

   (a)   Where this chapter imposes a greater restriction upon land than is imposed or required by any other provision of law, regulation, contract or deed, the provisions of this chapter shall control.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

 

   (a)   The following uses are permitted by right within the riparian setbacks without prior approval. Open space uses that are passive in character shall be permitted in the riparian setback including, but not limited to, those listed in divisions (a)(1) through (a)(4) of this section. No use permitted under these regulations shall be construed as allowing trespass on privately held lands. Alteration of this natural area is strictly limited. Except as otherwise provided in these regulations, the riparian setback shall be preserved in its natural state.

   The following uses are specifically prohibited within the riparian setback:

   (a)   Structures and uses within the riparian setback, existing at the time of passage of these regulations, that are not permitted under these regulations may be continued but shall not be expanded except as set forth in this chapter.

   (a)   When an applicant disputes the boundary of the setback or the ordinary high water mark of a stream, the applicant shall submit evidence to the Summit SWCD with a copy to the City of Munroe Falls Zoning Inspector that describes the boundary, presents the applicant's proposed boundary and presents all justification for the proposed boundary change.

 

 

 

Notes:

   1.   The majority of plants listed are available on the local commercial market and do not displace native species.

   2.   The cultivated varieties (“cultivars”) of the species listed above may also be used.

   3.   Primary information taken from Hightshoe, Gary, 1987. Native Trees, Shrubs, and Vines for Urban and Rural America. Van Nostrand. NY, NY.

   4.   For further assistance contact Roger Gettig, Landscape Consulting Program, The Holden Arboretum, or Steve Roloson, ODNR Scenic Rivers Program.

This list was assembled by Roger Gettig, The Holden Arboretum for Chagrin River Watershed Partners.

   In all districts, in connection with every building or part thereof hereafter created, off-street parking facilities shall be provided as prescribed by this chapter.

(Ord. 3-95. Passed 1-17-95)

   Off-street parking regulations are established in order to protect residential neighborhoods from on-street parking; to promote the general convenience, welfare and prosperity of commercial developments; and to relieve congestion so the streets can be utilized more fully for movement of vehicular traffic. Therefore, accessory off-street parking spaces shall be provided as a condition precedent to the occupancy or use of any building, structure or land. At any time a building, structure or use of land is enlarged, expanded or increased in capacity or use, additional off-street parking spaces shall be provided in conformance with the following provisions.

(Ord. 3-95. Passed 1-17-95)

   In computing the number of parking spaces required by this Chapter, the following rules shall apply:

   (a)   Floor Area. Where floor area is designated as the standard for determining parking space requirements, gross floor area shall be used for all land uses.

   (b)   Seating Capacity. Where seating capacity is the standard for determining parking space requirements, the capacity shall mean the number of seating units installed or indicated, or when fixed seats are not indicated, the capacity shall be determined as being one seat for each 20 square feet of floor area of the assembly room. Where the Fire Code establishes a greater maximum seating capacity, the number of spaces provided shall comply with the Fire Code maximum seating capacity.

   (c)   Employees. Where employees are the standard for determining parking space requirements, employees shall mean the maximum number of employees on any two successive shifts.

   (d)   Fractional Numbers. Fractional numbers shall be increased to the next whole number.

   (e)   Parking for Mixed Uses. The parking spaces required for mixed uses shall be the sum of the parking required for each use considered separately.

(Ord. 3-95. Passed 1-17-95)

   The required number of off-street parking spaces for each facility or use shall be determined by application of the standards noted in Schedule 1143.04. For a use not specified in Schedule 1143.04, the Planning Commission shall apply the standard for a specified use which the Commission determines to be most similar to the proposed use.

 

Notes to Schedule 1143.04

(a)   A minimum of five spaces is required for each facility other than a single-family or two-family dwelling.

(b)   For the purposes of this Section, a shopping center shall include one or more multi-tenant building(s) and/or group of buildings where the required parking spaces are provided in a shared parking lot.

(Ord. 3-95. Passed 1-17-95)

   Whenever the parking requirements for a proposed use based on the application of the standards specified in Schedule 1143.04 can be shown by the applicant to result in an excessive number of parking spaces and that a lesser number of spaces is appropriate and consistent with these regulations, the Planning Commission may approve a site plan with a reduction in the required spaces according to the following provisions:

   (a)   Shared Parking for Mixed Uses. The shared use of required parking spaces may be permitted for uses that are not normally open, used or operated during the same hours, provided that not more than fifty percent (50%) of the required parking spaces are shared. In any case where the required parking spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form by legal counsel, and filed with the application for zoning approval.

   (b)   Deferred Construction of Required Spaces. If the number of parking spaces required in Schedule 1143.04 is substantially larger than the number anticipated by the applicant and the applicant provides sufficient evidence that supports the reduced parking needs, a site plan may be approved with a lesser number of parking spaces provided:

      (1)   That the total number of spaces initially provided shall not be less than seventy percent (70%) of the spaces required by Schedule 1143.04 for industrial uses and forty percent (40%) of the spaces required for commercial uses.

      (2)   That suitable area(s) are reserved for the construction of the balance of the total number of spaces otherwise required by Schedule 1143.04 and shall be illustrated on the site plan in locations and with landscaping in full compliance with this Chapter.

      (3)   That Planning Commission and Council, upon reevaluation of the project's parking needs, may at any time direct that some or all of the landbanked spaces be constructed.

      (4)   That any additional parking shall be provided according to the approved site plan and only after approval of the construction plans by the city engineer.

   Each parking space and loading space shall be provided access in accordance with the following:

   (a)   Number of Drives. Each lot shall be permitted one two-way access drive or a pair of one-way drives. For lots with more than 150 feet of frontage on one street, one additional two-way drive or pair of one-way drives may be permitted.

   (b)   Width. The width of access drives for multi-family dwellings and non-residential uses shall be not less than 10 feet per exit lane and 15 feet per entrance lane and shall have a total width of not more than 36 feet, measured at the property line. Single-family and two-family residential uses shall have an access drive with a minimum width of ten feet.

   (c)   Location. Access drives shall be located to minimize traffic congestion and avoid undue interference with pedestrian access to street corners; access drives on corner lots shall be located as far from the street intersection as practicable; and no access drive shall be located within 50 feet of street intersections as measured from the intersection of the street right-of-way lines.

(Ord. 3-95. Passed 1-17-95)

   All off-street parking and loading facilities including entrances, exits, maneuvering areas, queuing areas, and parking and loading spaces shall be provided in accordance with the following standards and specifications:

   (a)   Parking Space Dimensions. Each off-street parking space, open or enclosed, shall have an area of not less than 162 square feet (measuring 9 feet by 18 feet) exclusive of access drives or aisles. When such parking space is adjacent to a landscaped area, the parking space shall have a minimum area of 153 square feet (measuring 9 feet by 17 feet).

      (1)   Residential enclosed parking areas. Each enclosed off street parking space in a residential use district including but not limited to garages and carports shall conform to the parking space dimensions described in the garage regulations of the residential district in which the enclosed parking space is located.

      (2)   Residential Garage Building Setback. Every residential garage shall have a minimum of 25 feet between the face of the garage and the back of any curb, back of sidewalk or any common or shared driveway.

   (b)   Queuing Space Dimensions. Each off-street queuing space for a drive-thru facility shall have an area not less than 160 square feet (measuring 8 feet by 20 feet) exclusive of access drives and parking aisles and shall not interfere with parking or circulation.

   (c)   Circulation Aisles. The minimum width for a circulation aisle shall be:

      (1)   26 feet for 90° perpendicular parking on a double loaded aisle;

      (2)   18 feet for 60° parking and a one-way aisle;

      (3)   13 feet for 45° parking and a one-way aisle.

      Circulation aisles having a width less than 24 feet shall be one-way aisles.

   (d)   Paving. All parking spaces, except those provided in conjunction with one and two-family dwellings, shall be improved with bituminous, concrete or equivalent paved surfacing unless otherwise waived by the Planning Commission.

   (e)   Drainage. Such parking areas shall be graded, drained, and provided with adequate drainage facilities so that the adjacent properties and rights-of-way shall not be subject to flooding by run-off water from the proposed parking area.

   (f)   Lighting. All lighting used to illuminate such parking areas shall be so arranged as to direct the light away from adjoining properties or streets, and no open light sources such as the stringing of light bulbs shall be permitted.

   (g)   Wheel/Bumper Guards. Curbing, wheel guards or bumper guards as may be necessary shall be provided in connection with any off-street parking area of five cars or more, to contain the cars on sloping surfaces; to prevent bumper over-hang or other encroachment into the required specific setback spaces.

   (h)   Screening of Parking Lots. All sides of a parking lot accommodating five or more vehicles within or abutting a residential district shall be screened from view by one or a combination of the following having a height of not less than 4 feet 6 inches.

      (1)   Dense planting that is effective all year long;

      (2)   Solid wall or fence;

      (3)   Landscaped mound or berm.

      Materials used in any ornamental wall or fence shall be compatible with the character of the proposed development and abutting properties.

   (i)   Interior Parking Lot Landscaping. Parking lots for 20 or more vehicles shall provide landscaped islands of an area equal to five percent (5%) of the parking lot area. Landscaped islands shall be a minimum of 10 feet by 10 feet and have one major shade tree with a clear trunk height of at least 6 feet and a minimum caliper of 2 inches. Shrub plantings adjacent to a building along the perimeter of the parking lot, or in any part of a yard, shall not be counted as interior landscaping. For the purpose of this Section the area of a parking lot shall be the total vehicular surface area including circulation aisles. All parking plans, including landscaping, shall be approved by the Planning Commission.

(Ord. 05-2006. Passed 4-18-06.)

   Off-street loading spaces shall be provided and maintained on the same lot with the principal use in compliance with the following regulations:

   (a)   Access to truck loading and unloading space shall be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and that will permit the orderly and safe movement of trucks.

   (b)   Streets, sidewalks, alleys or other public rights-of-way or other public property shall not be used for loading purposes nor shall vehicles be parked on such areas during loading and unloading.

   (c)   No part of any required yard, off-street parking area, or access drive thereto, shall be used for loading or unloading purposes.

(Ord. 3-95. Passed 1-17-95)

   The definition of recreational vehicles and recreational equipment includes but is not limited to:

   (a)   Motor homes.

   (b)   Boats.

   (c)   Trailers.

   (d)   Campers.

(Ord. 06-2006. Passed 4-18-06.)

   The following limitations apply in all residential districts:

   (a)   Recreational vehicles and recreational equipment shall have no permanent connections to electricity, water, gas or sanitary sewer facilities, nor shall they be used for dwelling, business, or commercial purposes or for any accessory uses. A temporary exception (not to exceed 14 consecutive days) may be made by the Zoning Inspector for purposes of allowing visiting recreational vehicles or recreational equipment.

   (b)   All recreational vehicles and recreational equipment must carry a current year license and/or registration, if applicable.

   (c)   Any recreational vehicles and/or recreational equipment that are not parked on a driveway must maintain the minimum building setback from any property line.

   (d)   No such recreational vehicle or recreational equipment may be parked in such a manner as to obscure sightlines or hinder safe operation of vehicles on adjacent roadways.

   (e)   No such recreational vehicle or recreational equipment may be parked in such a manner as to hinder access of safety forces to the subject or surrounding properties.

   (f)   No recreational vehicle and/or recreational equipment shall be parked or stored unless it is titled to, leased, or used exclusively by one of the permanent occupants of the residence where the recreational vehicle and/or recreational equipment is located.

   (g)   The Board of Zoning Appeals may grant a variance from the restrictions of this section to any applicant upon showing that the restrictions of this section impose an undue hardship as a result of particular circumstances as related to where the vehicle or equipment will be stored. In any such request, the consent or objection of adjacent property owners shall be considered in granting or denying a variance.

(Ord. 2006-06. Passed 4-18-06.)

   The purpose of this chapter is to protect the general health, safety and welfare of the community by providing an instrument for protecting the physical appearance of the community and for encouraging high quality, effective graphics for purposes of navigation, information and identification. It is the intent of this chapter to provide businesses in the City with reasonable and equitable sign standards in accordance with fair competition and aesthetic standards acceptable to the community, and to provide the public with a safe and effective means of locating businesses, services, areas and points of interest in the City. This chapter is based on the premise that signs are as much subject to control as are noise, odors, debris and similar characteristics of land use, and that if signs are not controlled and regulated, they can become a danger to the public, as well as a nuisance to adjacent properties or the community in general or depreciate the value of other properties in the City.

   No sign shall create a safety hazard by blocking the line of vision for persons or vehicles entering or exiting a sidewalk or driveway or entering or exiting a roadway.

(Ord. 3-95. Passed 1-17-95; Ord. 25-2012. Passed 9-18-12.)

   For purposes of these regulations, a sign shall include any identification, description, illustration or device which is affixed to or integrated into a building, structure or land, or otherwise situated on a lot and which is intended to direct or attract attention to, or announce or promote a product, place, activity, person, institution or business by means of letters, works, designs, colors, symbols, flags, banners, fixtures, images or illuminations. Signs shall be further classified by physical design or structure, and function or purpose based on the following:

      (1)   Changeable copy sign: A sign such as a bulletin board or announcement board, where the message or graphics is not permanently affixed to the structure, framing or background and may be periodically replaced or covered over manually. Copy or lettering is designed to be changed on a frequent basis. Multi-tenant business ID signs are not changeable copy signs.

      (2)   Free-standing sign: A sign which is supported by one or more uprights or braces in or upon the ground and is not supported by a building.

      (3)   Temporary sign: A sign that is used only for a predetermined period of time and is not permanently mounted.

      (4)   Wall sign: A sign erected parallel to or affixed on the outside wall or any building, and not extending more than 18 inches therefrom, and which does not project above the parapet wall or roof line or beyond the corner of the building.

      (5)   Window sign: A sign on the inside of a building affixed to, or near, a window or transparent door for the purposes of being visible to and read from the outside of the building.

      (6)   Electronic changeable copy sign: A free-standing sign display comprised of small illuminated components that enable the display to change periodically and which shall have the following characteristics:

         A.   Has a static image for at least 60 seconds for signs located within all residential districts or the park district or has a static image for at least 15 seconds for signs located within any other zoning district.

         B.   Does not display any illumination that moves or appears to move, included animated, flashing, scrolling intermittent or full motion video elements.

         C.   Will adjust display brightness as ambient light levels change or be provided with a means to adjust brightness with a time clock.

         D.   When located within 300 feet of any residential district or the park district, the sign shall be provided with an automatic means to turn off from 11:00 p.m. until 6:00 a.m.

         E.   No electronic changeable copy sign shall be permitted on any temporary sign, wall sign or window sign.

      (1)   Builder's project sign: A temporary sign erected on a building site during the time of construction. Such signs may include a description of the project, and may list the owners, architects, engineers, developers, contractors and/or subcontractors.

      (2)   Directive sign: A sign located on private property, at or near the public right-of- way to direct traffic onto private property, usually indicating the entrance and exit to a parking lot.

      (3)   Identification sign: A sign intended to identify the principal use of a lot, building, or building unit according to the following:

         A.   Business identification sign: A sign indicating the business name or logo of a commercial or industrial enterprise and limited to identification purposes.

         B.   Institution identification sign: A sign displaying the name and/or organization occupying the premises of a public or quasi-public use restricted to: church or other place of religious worship; hospital; nursing home; public or non-profit corporation owned and operated recreational facilities; governmentally owned and facilities; schools.

         C.   Residential identification sign: A sign identifying the name and address of a completed residential subdivision, or a PURD or multi-family development with 12 or more dwellings units.

         D.   Municipal identification signs: A sign identifying the name of the municipality and/or municipal property.

      (4)   Instructional sign: A sign that has a purpose secondary to the use on the lot that is intended to instruct employees, customers or users as to specific parking requirements; the location or regulations pertaining to specific activates on the site or in the building; specific services offered, or methods of payments accepted. Examples of instructional signs include “Honk Horn for Service”, “Restrooms Inside”, “Parking for Customers Only”, “Parking for Residents Only”, menu boards, drive- up tellers, and “self-service” signs.

      (5)   Nameplates: A sign with no lighting attached to the wall of the principal building indicating only the name and address of the person or business occupying the lot or building.

      (6)   Political sign: A temporary sign advocating action on a public issue, promotion of a candidate for public office, or other ballot-oriented objectives.

      (7)   Product and service sign: A sign which advertises the services, products, merchandise or prices of commodities produced, stocked or sold on the premises.

      (8)   Real estate sign: A temporary sign which directs attention to the rental, sale or lease of the property on which the sign is located.

      (9)   Safety or regulatory sign: A sign erected by a public authority, utility, public service organization or private industry upon the public right-of-way or on private property which is required by law or otherwise intended to control traffic, direct, identify or inform the public, or provide needed public service as determined by the rules and regulations of governmental agencies or through public policy. Safety and regulatory signs include “No Parking Fire Lane.”

      (10)   Temporary promotional sign: A temporary sign, other than a construction, real estate or political sign, intended to announce special events, promotions or sales, including garage sales in residential districts.

(Ord. 3-95. Passed 1-17-95; Ord. 25-2012. Passed 9-18-12; Ord. 2017-01. Passed 2-7-17.)

   The following principles shall control the computation of sign area and sign height.

      (1)   For a sign which is framed, outlined, painted and otherwise prepared and intended to provide a background for a sign display, the area shall include the entire portion within the outside dimensions of the background or frame.

      (2)   For a sign comprised of individual letters, figures, or elements on a wall or similar surface, or an irregularly shaped free-standing sign, the area of a sign shall encompass a regular, or a combination of regular geometric shapes which form, or approximate, the perimeter of all the elements in the display. When separate elements are organized to form a single sign, but the elements are separated by open space, the area shall be calculated by determining the geometric form or combination of forms which comprise all the display area, including the space between the elements.

      (3)   The sign shall include the frame, but shall not include the pole or other necessary structural support.

      (4)   A freestanding sign shall have no more than two display surfaces provided that the two display surfaces are arranged back-to-back, and not more than 12 inches from each other. Each display surface shall be considered a sign face.

      (5)   In the event there is a dispute in determining the sign area or any sign dimension, the Planning Commission shall have the final responsibility for making such determination.

      (1)   The building frontage shall be measured along the front wall between the exterior faces of the exterior side walls.

      (2)   The case of an irregular wall surface, a straight line extended along the front wall surface shall be used to measure the length.

      (3)   For lots fronting on two or more streets, or where the building has its main entrance on a wall other than the wall that faces the street, the building frontage shall be calculated separately for each building wall facing a street or having a main entrance. The sign area that is located on a particular building wall shall not exceed the area permitted for such building wall.

      (4)   For multi-tenant buildings, the portion of a building that is owned or leased by a single tenant shall be considered a building unit. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.

(Ord. 3-95. Passed 1-17-95; Ord. 25-2012. Passed 9-18-12.)

   Signs as permitted in the respective zoning districts shall conform to the maximum area limitations set forth in Schedule 1145.04, except as specified below.

 

Notes to Schedule 1145.04:

   -   Not Permitted

   (a)   Shall be in addition to signs permitted for the principal use (i.e. single-family). See Munroe Falls Codified Ordinance Section 1127.03(k).

   (b)   One per dwelling unit.

   (c)   One 2 sq. ft. sign per dwelling unit or one 10 sq. ft. sign per building.

   (d)   Per sign face, a maximum of two sign faces per entrance to a subdivision, PURD or multi-family development.

   (e)   Only one sign per street frontage; shall be either a wall sign or a freestanding sign.

   (f)   See Section 1145.04(a).

   (g)   50 square feet for a subdivision; 16 square feet for new construction on a single-family lot.

   (h)   Plus 10 sq. ft. for each 100 feet of lot frontage greater than 200 feet, provided the maximum sign area shall not exceed 200 square feet.

   (i)   Two 50 sq. ft. signs per subdivision; a single-family lot shall be permitted one 8 sq. ft. sign.

   (j)   See Section 1145.06(e).

   (k)   See Section 1145.04(b).

   (l)   Shall be permitted as needed to achieve the intended public purpose.

   (m)   Maximum of 32 sq. ft. for Office use when contiguous to Main Street (SR91)

(Ord. 28-01. Passed 9-18-01; Ord. 25-2012. Passed 9-18-12; Ord. 2017-01. Passed 2-7-17.)

The maximum height of free-standing signs, when permitted, shall conform to the standards set forth in Schedule 1145.05.

 

Notes to Schedule 1145.05:

   -   Not Permitted

   (a)   Signs on single-family lots have a maximum height limit of 6 feet.

   (b)   Banners erected in the public right-of-way shall be approved by the Mayor. See also Section 1145.06(i)(4).

   (c)   No height limitation.

(Ord. 3-95. Passed 1-17-95; Ord. 25-2012. Passed 9-18-12; Ord. 2017-01. Passed 2-7-17.)

   The following sign regulations are in addition to the maximum sign area and height regulations set forth in Sections 1145.04 and 1145.05.

      (1)   Such signs shall be placed on private property no closer than 10 feet to the right- of-way, except as permitted in subsection (2) below, and shall be located no closer than 20 feet to a side lot line.

      (2)   A free-standing identification sign may be placed in the right-of-way, provided such sign shall be located on the center island of a boulevard entrance, placed no closer than 25 feet to the intersecting street's right-of-way.

      (3)   A maximum of two sign faces shall be permitted per entrance; either as a double- sided freestanding sign or as two single-sided signs ether free-standing or mounted on a wall or other entrance feature.

      (1)   One free-standing identification sign, with a maximum area of 50 sq. ft. per sign face, shall be permitted per lot, or per development if more than one lot is included in the development, except as otherwise provided herein. The area of the free-standing identification sign shall be included in the total sign area permitted for identification signs.

      (2)   Such sign shall be permitted only when the principal building conforms to the minimum building setback and lot width requirements specified in the district regulations.

      (3)   Such sign shall be located no less than 10 feet from the right-of-way provided no portion of any free-standing sign shall be closer to the street right-of-way than a distance equal the height of the sign, and shall be located no less than 20 feet from a side lot line.

      (4)   For a corner lot, one free-standing sign shall be permitted per street frontage provided that the lot has at least 80 feet of lot frontage on each street and the signs are located a minimum of 30 feet from the intersection.

      (6)   For lots having more than 250 feet of lot frontage, one free-standing identification signs shall be permitted for each 250 feet of lot frontage or fraction thereof, provided the total allowable sign area for identification signs shall comply with Section 1145.04. Future subdivision of such lot shall not be approved unless all signs existing prior to the subdivision comply with the requirements for the resulting sub lots.

      (7)   Free-standing signs shall be landscaped as an integral part of the required front yard landscaping.

      (1)   There shall be not more than one builder's project sign per lot located no less than 10 feet from the right-of-way and 20 feet from a side lot line, except that signs having an area greater than 50 square feet shall be located no less than 20 feet from the right-of-way and 30 feet from a side lot line.

      (2)   A builder's project sign shall be erected on the lot only during the period of time that the building project is under construction and while a valid building permit is in force. Such sign shall be removed with 14 days of the commencement of the intended use.

      (3)   In the event construction extends beyond the time period specified on the zoning certificate, a request for an extension of the sign permit shall be submitted to the Zoning Inspector for review and approval.

      (1)   One such sign shall be permitted per street frontage located no less than 10 feet from the right-of-way and 15 feet from a side lot line.

      (1)   One such sign shall be permitted per street frontage located no less that 10 feet from the right-of-way and 15 feet from a side lot line.

      (2)   Real estate signs shall be located only on the site being advertised for sale, lease or rent.

      (3)   On individual lots, such signs shall be removed by the property owner or realtor identified on the sign within ten days after said property is transferred, rented, leased or removed from the real estate listing.

      (4)   A sign advertising the sale of lots in a new residential subdivision shall be permitted for a period not to exceed 24 months and shall be removed within 30 days after the last lot is sold or the development abandoned.