Swimming pool designed for the use of the occupants of a single-family dwelling, two-family dwelling, or a multi-family development and their guests. Swimming pools shall comply with the following conditions and requirements:

   (A)   The swimming pool shall comply with the side yard requirements of the zoning district in which it is located.

   (B)   The swimming pool, or the entire property on which it is located, shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. The fence or wall shall not be less than five feet in height and maintained in good condition with a gate and lock. The five foot fence or wall may be the extension of the side walls of the swimming pool.

('80 Code, § 152.190) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   Recreational equipment parked or stored within a residential zoning district shall be subject to the following conditions:

   (A)   Parked or stored camping and recreational equipment shall not be connected to electricity, water, gas, or sanitary sewer facilities; and at no time shall such equipment be used for living or housekeeping purposes, except that camping and recreational equipment may be temporarily connected to electricity for charging of batteries and similar maintenance purposes.

   (B)   If the camping and recreational equipment is parked or stored outside a garage, it shall be parked or stored to the rear of the front building line. If the camping and recreational equipment cannot be stored to the rear of the front building line due to special conditions or restrictions imposed by the premises, parking or standing is permitted on the driveway. In no case shall the body of camping and recreational equipment extend over the public sidewalk, public thoroughfare, or right-of-way.

   (C)   Notwithstanding the provisions of division (B), camping and recreational equipment may be parked anywhere on the premises for loading or unloading purposes, for a period of not more than 48 hours.

('80 Code, § 152.191) (Ord. 94-14, passed 7-5-94; Am. Ord. 2004-18, passed 1-4-05) Penalty, see § 152.999

   All home occupations shall be in accordance with the following provisions:

   (A)   No person or persons shall operate a home occupation or be employed thereunder other than a resident of the premises.

   (B)   The home occupation shall be conducted entirely within the dwelling, and the use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants. Not more than 25% of the gross floor area of any dwelling unit shall be used for a home occupation.

   (C)   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two square feet in area, non-illuminated, and mounted flat against the wall of the building in which the home occupation is located.

   (D)   There shall be no sale on the premises of commodities not produced as the result of the home occupation.

   (E)   No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials shall be used or stored on the site in amounts greater than those normally associated with domestic use.

   (F)   In no case shall a home occupation be open to the public at times earlier than 8:00 a.m. nor later than 10:00 p.m.

   (G)   No advertisement shall be placed in any media containing the address of the property.

   (H)   Vehicles associated with the home occupation shall be subject to the following:

      (1)   Not more than one vehicle shall be used for the purposes of the home occupation.

      (2)   Such vehicle shall not be any commercially licensed vehicle larger than a 3/4 ton truck.

      (3)   Deliveries and/or pickups of goods related to the home occupation shall not be made in vehicles other than the vehicle associated with the home occupation.

   (I)   No traffic, including deliveries, shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this chapter. Such parking shall not be located in a required front yard.

   (J)   Equipment or processes shall not be used in such home occupation which create noise, vibrations, glare, fumes, odors, or electrical interference detectable outside the dwelling. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio, television receiver off the premises, or cause fluctuations in voltage off the premises.

   (K)   The following uses may be permitted as home occupations provided they conform to the provisions noted above:

      (1)   Architectural and/or engineering service.

      (2)   Artist studio.

      (3)   Baby sitting, up to four children at a time.

      (4)   Beauty and barber services, one chair only.

      (5)   Consulting services.

      (6)   Data processing.

      (7)   Dental technician with laboratory.

      (8)   Direct sale product distribution (Amway, Avon, Jaffra, Tupperware, Herbalife).

      (9)   Drafting and graphic design services.

      (10)   Dressmaking, sewing, tailoring, contract sewing (one machine).

      (11)   Electronic assembly.

      (12)   Financial planning, investment services.

      (13)   Flower arranging.

      (14)   Graphic design.

      (15)   Home cooking and preserving for sale off site.

      (16)   Home crafts such as model making, rug weaving, cabinet making, or ceramics utilizing a kiln with a capacity of six cubic feet or less.

      (17)   House cleaning service.

      (18)   Insurance sales or broker.

      (19)   Interior design.

      (20)   Jewelry making and repair.

      (21)   Laundry, ironing service.

      (22)   Locksmith.

      (23)   Mail order (not including retail sales from site).

      (24)   Millinery.

      (25)   Real estate sales or broker.

      (26)   Sales representative (office only).

      (27)   Telephone answering, switchboard, call forwarding.

      (28)   Tutoring, limited to one student at a time.

      (29)   Typing, word-processing service.

      (30)   Watch repair.

      (31)   Writing, computer programming.

   (L)   The following uses, by the nature of the investment or operation, have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations, and thereby impair the use and value of a residentially zoned area for residence purposes. Therefore, the uses specified below shall not be permitted as home occupations:

      (1)   Appliance repair.

      (2)   Automobile or vehicle repair, automobile or vehicle parts sales, automobile or vehicle painting or detailing, and automobile or vehicle washing service, including businesses working at customers homes.

      (3)   Beauty and barber services, two or more chairs.

      (4)   Boarding house, bed and breakfast, time share condominium.

      (5)   Carpentry.

      (6)   Ceramics utilizing a kiln with a capacity of more than six cubic feet.

      (7)   Churches, religious instruction.

      (8)   Contracting, masonry, plumbing, or painting.

      (9)   Gift shop.

      (10)   Health salons, gyms, dance studios, aerobic exercise studios.

      (11)   Limousine service.

      (12)   Medical or dental office.

      (13)   Mortician, hearse service.

      (14)   Palm reading, fortune telling.

      (15)   Photography studios.

      (16)   Private clubs.

      (17)   Rental business.

      (18)   Restaurants, taverns, food preparation.

      (19)   Retail sale from site (except direct distribution).

      (20)   Small engine repair.

      (21)   Tow truck services.

      (22)   Veterinary uses (including care, grooming, or boarding).

      (23)   Wedding shop.

('80 Code, § 152.192) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   Overnight parking or outdoor storage of trucks over one ton rated capacity, buses, or mobile homes shall not be permitted:

   (A)   As an accessory use in any residential or office district;

   (B)   As an accessory use in any business or light industrial (I-1) district, between the front lot line and the front building line; and

   (C)   As an accessory use in any business or light industrial (I-1) district within 25 feet of the right-of-way.

('80 Code, § 152.193) (Ord. 94-14, passed 7-5-94; Am. Ord. 99-31, passed 10-19-99) Penalty, see § 152.999

   (A)   An accessory building may be erected as an integral part of a principal building or it may be connected thereto by a breezeway or other similar structure.

   (B)   An accessory building may be erected, detached from the principal building. Except as provided in § 152.179 (B), no detached accessory building shall be erected in any required yard or court, except a rear yard, and shall not occupy more than 35% of the area of the required rear yard.

   (C)   For computing the percentage of occupancy of a rear yard, as required in division (B), if a detached accessory building is connected to the principal building by a breezeway, the ground area of the breezeway shall be considered as a part of the accessory building and be included in the computation.

   (D)   A detached accessory building shall not exceed 25 feet in height.

   (E)   A detached accessory building shall be at least six feet from the side or rear lot lines, except as provided for by § 152.166(A).

   (F)   On a corner lot abutting in the rear the side lot line of a lot in a residential district, any accessory building or part thereof within 25 feet of the common lot line shall not be closer to the side street lot line than the least depth of the front yard required on such other lot fronting the side street; and in no case shall any part of the accessory building be closer to the side street lot line than the least width of the side yard required for the principal building to which it is accessory.

   (G)   Except as provided in § 152.179(B), any accessory building, if not located in the rear yard, shall be an integral part of, or connected with, the principal building to which it is accessory; and shall be so placed as to meet all yard and court requirements for a principal building of the same height and other dimensions as the accessory building.

('80 Code, § 152.194) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   (A)   No gasoline filling station or public garage shall be permitted where any dispensing pumps, any oil drainage pit. or visible appliance for any such purpose other than filling caps, is located within 12 feet of the established right-of-way line as shown on the official thoroughfare plan of the village, or within 25 feet of any residential district, except where the appliance or pit is within a building.

   (B)   On all corner lots, all vehicular entrances to or exits from, and curb openings, shall be set back a minimum of 25 feet from the corner property lines extended or from the established right-of-way lines as shown on the official thoroughfare plan. All curb openings, whether on a corner lot or not, shall not exceed 40 feet in width at the curb line, and 30 feet at the property line. There shall be a minimum of 20 feet measured along the property line between any series of driveways.

('80 Code, § 152.195) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   Essential services shall be permitted as authorized and regulated by law and other ordinances of the municipality, it being the intention hereof to exempt essential services from the application of this zoning code, except the provisions for well field protection found in §§ 152.130 through 152.139.

('80 Code, § 152.196) (Ord. 94-14, passed 7-5-94)

   The Board of Zoning Appeals shall not grant a conditional use for mineral extraction unless the proposed use is in accordance with the following requirements:

   (A)   Submission of additional information. Two copies of the following information shall be submitted with the application for a conditional use certificate:

      (1)   The name of the owner or owners of land from which removal is to be made;

      (2)   The name of the applicant making request for such a permit;

      (3)   The name of the person or corporation conducting the actual mining operations;

      (4)   The location, description, and size of the area from which the removal is to be made;

      (5)   The location of the processing plant to be used and any accessory or kindred operations that may be utilized in connection with the operation of the processing plant by the mining processor or any other firm, person, or corporation. The processing plant shall be located so as to minimize the problems of dust, dirt, and noise, insofar as reasonably possible;

      (6)   The type of resources or materials to be removed;

      (7)   The proposed method of removal and whether or not blasting or other use of explosives will be required;

      (8)   A general description of the equipment to be used; and

      (9)   The method of rehabilitation and reclamation of the mined-out area, including a grading plan showing existing contours in the area to be excavated and the proposed future contours showing the topography of the area after completion. This plan shall include the surrounding area within 500 feet of the property boundary line, drawn to an appropriate scale with contour lines at intervals of five feet or less.

   (B)   Development standards.

      (1)   No mining of sand and gravel shall be carried on, or any stock pile placed closer than 50 feet to any property line, or such greater distance as specified by the Board of Zoning Appeals, where such is deemed necessary for the protection of adjacent property, except that this distance requirement may be reduced by the written consent of the owner or owners of abutting property, but in any event, adequate lateral support shall be provided for the abutting property.

      (2)   In the event that the site of the mining operation is adjacent to the right-of-way of any public street or road, no part of the operation shall take place closer than 50 feet to the nearest line of the right-of-way, except as may otherwise be provided by R.C. § 4153.11.

      (3)   Any excavated area adjacent to a right-of-way of any public street or road shall be backfilled for a distance of 150 feet from the right-of-way line.

      (4)   Fencing or other suitable barrier, including the planting of multiflora rose, shall be erected and maintained around the entire site or portions thereof where, in the opinion of the Board of Zoning Appeals, such fencing or barrier is necessary for the protection of the public safety, and shall be of a type specified by the Board of Zoning Appeals.

      (5)   All equipment and machinery shall be operated and maintained in such manner as to minimize dust, noise, and vibration. Access roads shall be maintained in a dust-free condition by surfacing or other treatment as may be specified by the Board of Zoning Appeals.

      (6)   Quarrying shall not be carried out closer than 300 feet to any adjoining property line unless the written consent of the adjoining property owner has first been obtained.

      (7)   The Board of Zoning Appeals is authorized to impose such requirements with respect to providing adequate barriers as it may feel necessary to protect the public safety.

   (C)   Rehabilitation requirements. All mined-out areas shall, within a reasonable length of time, be reclaimed and rehabilitated, and the Board of Zoning Appeals, at its discretion, may fix a bond in a reasonable amount to assure that the rehabilitation and reclamation will be carried out. The Board of Zoning Appeals shall be guided by the following standards with respect to rehabilitation and reclamation of mined-out areas:

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

         (a)   That the excavated area shall not collect, and permit to remain therein, stagnant water; or,

         (b)   That the surface of the area which is not permanently submerged is graded or backfilled as necessary so as to reduce the peaks and depressions thereof so as to produce a gently rolling surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area.

      (2)   The banks of all sand and gravel excavations in a water-producing excavation, and to the pit bottom in a dry operation, shall be sloped to the water line, at a slope which will not be less than three feet horizontal to one foot vertical, and the banks shall be restored with vegetation in a manner set forth in § 152.197(C)(3).

      (3)   Vegetation shall be restored by the spreading of sufficient solid and by appropriate seeding of grasses or planting of shrubs and trees in all parts of the mining area where the same is not submerged under water.

      (4)   Proper drainage shall be provided for the mined-out area.

      (5)   All equipment and structures shall be removed from the mined-out area within six months of the completion of the mining therefrom.

      (6)   The Board of Zoning Appeals may impose such other reasonable conditions and restrictions as it may deem necessary for the protection of the public and to encourage the mining and processing of the sand and gravel from the authorized area.

      (7)   Due to the inherent difficulties in reclaiming and rehabilitating areas from which stone has been quarried, the Board of Zoning Appeals is hereby empowered, in the issuance of a conditional use permit for quarrying operations, to impose such reasonable standards for reclamation as may be necessary to protect the public interest, without unduly restricting the operations of the mine owner.

('80 Code, § 152.197) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   All private golf courses, swimming pools, and other private recreation facilities shall be in accordance with the following required conditions:

   (A)   Swimming pools, except for an accessory swimming pool for the occupants of a single-family or two-family dwelling, shall comply with the following conditions and requirements:

      (1)   The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than 50 feet to any property line; and

      (2)   The swimming pool and all of the area used by the bathers shall be walled or fenced to prevent uncontrolled access by children from the street or adjacent properties. The fence or wall shall not be less than six feet in height and maintained in good condition.

   (B)   Loud speakers, juke boxes, public address systems, and electric amplifiers shall be permitted, if their use is for the occupants of only the building within which the equipment is installed, and does not create a nuisance and disturb the peace of the other persons or properties in this or any other district.

   (C)   Exterior lighting shall be shaded wherever necessary to avoid casting direct light on any property or on any public street.

   (D)   The firing line for all gun clubs shall be a distance of at least 500 feet from all residential property lines.

('80 Code, § 152.198) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   The following standards shall apply to the development and operation of child care nurseries:

   (A)   When located within a residential zoning district, the site shall front upon a collector or arterial street in order to avoid excessive traffic on local residential streets.

   (B)   An outdoor play area shall be required. The minimum size of such play area shall be no less than the minimum square footage requirements as purveyed by the state, regardless of the number of children for which the facility is authorized to serve. The minimum width or depth of such play area shall be 20 feet. Such play area shall also be completely enclosed by a fence or wall a minimum of 42 inches in height.

   (C)   The required play area shall be screened and landscaped along all sides which are within 50 feet of a lot within a residential zoning district. All sides of the parking lot which face any dwelling or any residential zoning district shall be screened and landscaped.

   (D)   The Board of Zoning Appeals may establish a maximum enrollment based upon neighborhood impact for a child care nursery located within a residential zoning district.

('80 Code, § 152.199) (Ord. 94-14, passed 7-5-94; Am. Ord. 98-04, passed 3-17-98) Penalty, see § 152.999

   (A)   Submission requirements. The operator or agency applying for a conditional use permit to operate a community-oriented residential social service facility or halfway house shall submit the following information to aid the Board of Zoning Appeals in its review of the requested facility:

      (1)   Identification of similar facilities presently existing within the village and contiguous jurisdictions and confirmation that the siting of the facility is compatible with the Residential Care Opportunities Guide for Montgomery County;

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

      (3)   A copy of the sponsoring agency's operational and occupancy standards and a detailed plan for services and programs; and

      (4)   A site plan for the proposed home indicating home structure outline and floor plan, off-street parking provisions, driveway access, landscaping and screening provisions, recreational and open space facilities as well as other pertinent information which the Board of Zoning Appeals may require. Such plan shall include sufficient information to indicate that the proposed site will be compatible with the character of the neighborhood.

   (B)   Facility requirements.

      (1)   Every room occupied for sleeping purposes within the home shall contain a minimum of 80 square feet of habitable room area for one occupant, and when occupied by more than one person, shall contain at least 60 square feet of habitable room area for each occupant.

      (2)   Indoor and outdoor recreational space shall be provided for the clientele served, based upon standards specified by the licensing authority and/or the sponsoring agency. If no such standards exist, then the following minimum area shall apply:

         (a)   Common indoor area shall consist of at least 25 square feet per individual.

         (b)   Common outdoor area shall consist of at least 60 square feet per individual. If a public park or other common open space is available in the immediate vicinity of the facility, the Board of Zoning Appeals may waive the outdoor space requirement.

         (c)   No exterior alterations of the structure shall be made which depart from the residential character of the building. All new structures proposed shall be compatible with the surrounding neighborhood.

         (d)   All exterior lighting shall be suitably directed and shaded to prevent any glare upon adjoining residential properties.

         (e)   Off-street parking requirements. One space for each three persons residing in a community-based residential social service facility or halfway house except for facilities prohibiting ownership or operation of automobiles by occupants of such facilities. In any case, suitably screened off-street parking shall be provided on one-to-one ratio to the number of autos operated out of the facility. Within neighborhoods in which on-street parking is accepted practice, on-street space directly abutting the subject lot may be substituted for a portion of the required off-street spaces if approved by the Board of Zoning Appeals.

         (f)   No facility shall be permitted within 1,500 feet of another community-oriented residential social service facility or halfway house. The Board of Zoning Appeals may reduce this standard if the applicant can show that, due to unique conditions, a reduction of the separation requirement will not contribute to the concentration of such facilities. (For example, the proposed site is located in a distinctly different neighborhood which is separated from an existing site by a freeway or the site is in an area that does not constitute a typical residential neighborhood due to a diversity of land uses.)

         (g)   The facility must be reviewed by the Fire Chief or a certified fire safety inspector.

   (C)   Findings by the Board of Zoning Appeals. In its review of each proposed facility, the Board of Zoning Appeals shall make specific findings of fact relative to the following criteria. Upon finding all such facts to be true, the Board of Zoning Appeals shall grant the conditional use. The Board shall find that the proposed facility:

      (1)   Complies with all the applicable facilities requirements;

      (2)   Is in fact a community-based residential social service facility or halfway house licensed by an agency of the state (and respective jurisdiction). If such licensing is not required, an affidavit so stating has been presented to document this statement;

      (3)   Is approved by the local agency responsible for providing support services and/or programs to the facility;

      (4)   Will be designed, constructed, and maintained so that such use will not change the general character of the area and operated in compliance with relevant licensing or certification standards;

      (5)   Will not be within 1,500 feet of another community-oriented residential social service facility or halfway house, unless this standard is varied by the Board of Zoning Appeals to a lesser distance based upon stated findings of fact;

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

      (7)   Will have vehicular approaches to the property which shall be designed to prevent any undo interference with traffic on surrounding public streets.

('80 Code, § 152.200) (Ord. 94-14, passed 7-5-94)

   (A)   The Board of Zoning Appeals shall not grant conditional uses for independent housing alternatives for the elderly unless it makes, in each case, specific findings of fact, directly based upon the particular evidence presented to it, that such housing is in accordance with the following:

      (1)   The facility shall be licensed or approved by the central licensing body.

      (2)   The facility shall not be used to house more residents than can be housed therein consistent with the health, safety and welfare of residents as determined by the central licensing body.

      (3)   The facility shall comply with applicable building, zoning and health codes.

      (4)   The facility shall not generate traffic unreasonably greater in volume than would otherwise normally occur in the neighborhood in which it is located.

      (5)   The facility shall not require special off-street parking.

      (6)   The facility shall not erect identification signs other than house numbers.

      (7)   The facility shall not require extensive modification that is not in character with the adjacent neighborhood.

   (B)   Approval by the Board of Zoning Appeals shall be limited to the operator to whom the conditional use permit was originally issued and is not transferrable to a subsequent operator.

('80 Code, § 152.201) (Ord. 94-14, passed 7-5-94)

   No adult entertainment facility shall be permitted by the Board of Zoning Appeals unless all of the following required conditions have been met:

   (A)   No adult entertainment facility shall be established within 500 feet of any area zoned for residential use.

   (B)   No adult entertainment facility shall be established within a radius of 1,000 feet of any school, library, or teaching facility, whether public or private, governmental or commercial, which school, library, or teaching facility is attended by persons under 18 years of age.

   (C)   No adult entertainment facility shall, be established within a radius of 1,000 feet of any park or recreational facility attended by persons under 18 years of age.

   (D)   No adult entertainment facility shall be established within a radius of 1,000 feet of any other adult entertainment facility or within a radius of 2,000 feet of any two of the following establishments:

      (1)   Cabarets, clubs, or other establishments which feature topless or bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers;

      (2)   Establishments for the sale of beer or intoxicating liquor for consumption on the premises;

      (3)   Pawn shops;

      (4)   Pool or billiard halls;

      (5)   Pinball palaces, halls, or arcades; or

      (6)   Dance halls or discotheques.

   (E)   No adult entertainment facility shall be established within a radius of 1,000 feet of any church, synagogue, or permanently established place of religious services which is attended by persons under 18 years of age.

   (F)   Divisions (A) through (E) above may be waived by the Board of Zoning Appeals provided that the applicant provides affidavits of 51% of the property owners and resident freeholders within the above described radii, giving their consent to the establishment of an adult entertainment facility, and if the Board of Zoning Appeals determines:

      (1)   That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed;

      (2)   That the proposed use will not enlarge or encourage the development of a skid row or similar depressed area;

      (3)   That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal, residential or commercial reinvestment, or renovation of a historical area; and

      (4)   That all applicable regulations of this section will be observed.

('80 Code, § 152.202) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   All seasonal temporary sales shall be in accordance with the following requirements:

   (A)   Permitted locations. Seasonal temporary sales may be permitted only within a zoning district in which such use is specifically permitted under this chapter. Such sales shall be permitted only for seasonal, non-manufactured items, which are typically sold out-of-doors.

   (B)   General requirements.

      (1)   A zoning certificate for seasonal temporary sales shall be granted for a period not to exceed 90 days within a six month period.

      (2)   The Board of Zoning Appeals shall review and approve all initial applications for seasonal temporary sales to ensure conformance with the requirements contained herein. In addition, the Board of Zoning Appeals may require other information it deems necessary to protect the health, safety, and general welfare of the community.

      (3)   An approved conditional use certificate for seasonal temporary sales shall not require a rehearing before the Board of Zoning Appeals for each subsequent year such use is to be conducted, provided that:

         (a)   The approved use remains unchanged;

         (b)   A zoning certificate for seasonal temporary sales is obtained for each successive year and occurrence after Board of Zoning Appeals approval; and

         (c)   The activity has not been adjudged by a court of law to be a hazard, nuisance, noisome condition, or in violation of any applicable provisions of this chapter.

   (C)   Specific Requirements.

      (1)   Prior to conducting any seasonal temporary sales, a zoning certificate for seasonal temporary sales shall have been approved by the Board of Zoning appeals authorizing the enforcement official to issue the required permit.

      (2)   Application for a zoning certificate for seasonal temporary sales shall be on forms provided by the village and shall contain the information required therein.

      (3)   In addition, the applicant shall submit a plot plan for each proposed business location containing the following information:

         (a)   Type of enclosure to be used and setbacks from existing right-of-way lines to the proposed location of the temporary seasonal sales;

         (b)   Size, type and location of signs;

         (c)   Parking layout indicating spaces deleted due to location of the seasonal temporary sales activity, and relocation of such spaces if they are needed to fulfill the minimum number of parking spaces required by this chapter;

         (d)   Internal traffic circulation pattern to ensure that the seasonal temporary sale will not obstruct or impede the movement of traffic within the established right-of-way line or to or from private property at the established right-of-way line.

('80 Code, § 152.203) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   (A)   Commercial and industrial sites, developed or modified, shall be approved by the New Lebanon Planning Board. Site plans shall include parking areas, interior traffic aisles and controls, building locations, ingress/egress, landscaping, lighting, signage, location of waste removal and related screening, sidewalks and pedestrian ways, curbs, gutters, and stormwater management systems, as well as related off-site improvements, such as turn lanes and traffic signal modifications.

   (B)   Traffic impact study. In addition to related off-site improvements, a Traffic Impact Study, conducted by a traffic/transportation engineer as defined in the State of Ohio Uniform Manual of Traffic Control Devices and reviewed by the Municipal Traffic Engineer, may be required to determine what, if any, infrastructure improvements may be needed at adjacent intersections and the affected roadway system. The Traffic Impact Study shall make a recommendation as to cost showing any of the improvements based on benefit or other pertinent factors.

(Ord. 97-10, passed 3-18-97)