Newton Falls City Zoning Code
CHAPTER 1155
Uses Permitted on Review
1155.01 GENERAL PROVISIONS.
(a) The Planning and Zoning Commission may authorize the issuance of permits for those uses permitted on review which are in accordance with the provisions of this ordinance, particularly the applicable provisions of Chapter 1149 and the specific conditions set forth below.
(b) The Commission may grant or deny a request for a use permitted on review after a public hearing has been held on the written request submitted by an applicant.
(c) If the Commission denies the request, the reasons shall be entered in the minutes at which the permit is denied.
(d) The Commission may designate such reasonable and appropriate conditions in addition to the specific conditions contained in this ordinance to assure that the proposed use will be in harmony with the area in which it is to be located and with the spirit of this ordinance.
(e) The Commission shall act on requests for uses permitted on review within 90 days of the date of submittal. Failure to act within 90 days shall constitute approval of the request.
(f) If the request is granted, the Commission shall determine that:
(1) The use meets all required conditions.
(2) The use is reasonably necessary for the public health or general welfare.
(3) The use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar services.
(4) The use will not violate neighborhood character nor adversely affect surrounding land uses.
(Ord. 2017-12. Passed 6-19-17.)
1155.02 CHILD CARE CENTER.
Child care centers may be permitted in the R-M District subject to the district regulations, the Ohio State Department of Public Welfare Rules and Regulations relating to licensing day care facilities and child care centers, and the following requirements:
(a) Area. The minimum lot area for a child care home or day care center shall be 20,000 square feet.
(b) Indoor Area. The building shall contain a minimum of 35 square feet of floor area for each child present.
(c) Outdoor Area. At least 75 square feet of outdoor play area shall be available for each child present.
(d) Fencing. The entire play area shall be enclosed by a fence having height of 4 feet and constructed to provide maximum safety to the children.
(e) Off-Street Parking. Off-street parking shall be provided in accordance with the provisions set forth in Section 1153.09.
(Ord. 2017-12. Passed 6-19-17.)
1155.03 PUBLIC UTILITY BUILDINGS AND USES.
Public utility buildings and uses such as sewage lift stations, pump stations, electrical substations, and telephone equipment buildings which are not detrimental to other uses permitted in any district may be permitted in any district. Such uses shall be enclosed within a building or by a suitable fence providing protection and screening against light, noise, fumes, or unsightliness. Open area on the premises shall be appropriately landscaped.
(Ord. 2017-12. Passed 6-19-17.)
1155.04 JUNK YARDS.
Junk yard, scrap processors and automobile wreckers may be permitted in the I-1, Industrial District, subject to the following requirements:
(a) Site Size. All junk yards, scrap processors, and automobile wreckers shall be located on a site of at least 5 acres.
(b) Location. No junk yard, scrap processor, or automobile wrecker shall be located within 2500 feet of any residential district existing at the time business operations are started.
(c) Screening. Open storage shall be enclosed by a continuous visual screen provided and maintained along the property line. The screen shall be a wall or fence at least 8 feet in height. Materials stored in the open shall not be stacked higher than the required screen.
(Ord. 2017-12. Passed 6-19-17.)
1155.05 LIVESTOCK IN RESIDENTIAL DISTRICTS. (REPEALED)
1155.06 CHURCHES.
A church may be permitted in any district subject to the requirements of the district and the following requirements:
(a) Lot Area. The minimum lot area shall be 40,000 square feet.
(b) Setback Requirements. All buildings shall be set back from the front, side, and rear property lines a minimum of 50 feet.
(c) Off-Street Parking. Off-street parking shall be provided in accordance with the provisions set forth in Section 1153.09.
(Ord. 2017-12. Passed 6-19-17.)
1155.07 PRIVATE RECREATION AREA.
A private recreation area or country club may be permitted in the R-15, R-12, R-8 R-1 and R-2 and R- M districts subject to the requirements of the district in which it is located and the following requirements:
(a) Lot Area. A private recreation area shall be located on a site not less than 2 acres in area.
(b) Setback Requirements. All buildings, game courts, swimming pools, and similar structures shall be set back from front, side and rear property lines a minimum of 50 feet.
(c) Food and Entertainment. The provisions of food and entertainment for members and guests may be permitted; provided that such provision shall not cause a nuisance in a residential district.
(d) Off-Street Parking. Off-street parking shall be provided in accordance with the provisions set forth in Section 1153.09.
(Ord. 2017-12. Passed 6-19-17.)