The purpose of a special planned development is to provide for planned development in locations:

   (a)   Where such development would, with proper conditions, be compatible with surrounding uses and the objectives of this Zoning;

   (b)   Where a proposed use is not permitted or conditionally permitted by the applicable district regulations; and

   (c)   Where a change in district classification to accommodate a proposed use:

      (1)   Would permit a range of uses unnecessarily broad to permit the proposed use; and

      (2)   Would include permitted uses that, on the site proposed for the requested non-residential development, would be incompatible with surrounding development and the purposes of this Zoning Code.

(Ord. 1-1988. Passed 4-11-88.)

   Council may, by ordinance, permit a Special Planned Development, subject to the provisions of this chapter.

(Ord. 1-1988. Passed 4-11-88.)

   A Special Planned Development may include:

   (a)   Wireless communication facilities, but only as and where permitted by Chapter 1294;

   (b)   Those designated uses set forth in Section 1288.04;

   (c)   Any other use permitted or conditionally permitted by Chapters 1260 through 1280.

(Ord. 56-1997. Passed 7-14-97.)

   Designated uses in a Special Planned Development are:

   (a)   Landfills.

   (b)   Topsoil excavation.

   (c)   Oil, gas and brine wells, and operations necessary to their extraction.

   (d)   Airports, airfields and landing strips.

   (e)   Institutions for human medical care, including hospitals, clinics, sanitariums, convalescent homes, nursing homes and homes for the aged.

   (f)   Quasi-public, institutionally or organizationally owned and/or operated recreational, instructional and meeting facilities, such as those developed and used by the Y.M.C.A. or Y.W.C.A., the Boy Scouts or various fraternal or community service groups.

   (g)   Kennels.

   (h)   Cemeteries.

   (i)   Hazardous waste storage and disposal.

   (j)   Car washes, but only where public sewer and water are available and only upon the condition that the car wash ties into the public sewer and water.

(Ord. 1-1988. Passed 4-11-88; Ord. 22-2001. Passed 4-23-01.)

   (a)   Application. A Special Planned Development request shall be initiated by the owner of property on which such use is proposed by obtaining from a Building and Zoning Inspector a special application form and by submitting the completed application, required data and fee to the Building and Zoning Inspector, who shall place the matter on the agenda of the Planning Commission.

   (b)   Data Requirement with Application.

   The following data are required with an application:

      (1)   A completed application form.

      (2)   A legal description of the property proposed for a special non-residential development.

      (3)   A narrative description of the proposed use.

      (4)   Development plans of the entire property proposed for development, drawn to a scale adequate to clearly show the location of all abutting streets, the location and dimensions of all existing and proposed structures, the types of buildings, their uses, the acreage involved and areas to be used for parking, drives, walks and landscaping.

      (5)   Architectural or construction plans in sufficient detail to clearly portray the nature of proposed structures, including their height, bulk, exterior materials, locations of vehicular and pedestrian access doors, fenestration and floor plans showing the arrangement and extent of uses on each floor.

   (c)   Review by Planning Commission and Council. Review and action by the Planning Commission and Council shall be in accordance with the provisions of this Zoning Code, as if consideration were being given to a proposed zoning amendment.

   (d)   Standards. The Planning Commission and Council, when considering an application for a Special Planned Development, may act favorably thereon only when the preponderance of the evidence presented establishes that the proposed use will comply with the standards set forth below.

(Ord. 1-1988. Passed 4-11-88.)

   (a)   The proposed development must be consistent with the objectives of this Zoning Code.

   (b)   The proposed development must be harmonious in design and operation with existing or permitted uses on properties in the vicinity.

   (c)   The proposed development must not change the essential character of an area, considering the nature of existing uses, roads, traffic patterns, topography and vegetation, and as they relate to the proposed site development plan.

   (d)   The proposed development must be adequately served by essential public facilities and services for the particular development, or the applicant must adequately provide such facilities and services.

   (e)   The proposed development must not create excessive additional requirements at public cost for public facilities and services and must not be detrimental to the economic welfare of the community.

   (f)   The proposed development must not involve uses, activities, processes, materials, equipment and conditions of operation that would be detrimental to any person, property or the general welfare, by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

(Ord. 1-1988. Passed 4-11-88.)

   In order to assure that a Special Planned Development will conform to the standards set forth in Section 1288.06, the Planning Commission may recommend and the Council may impose conditions on the development, operation and maintenance of a Special Planned Development. In addition to such conditions, Council shall condition its approval of a Special Planned Development on conformance with plans submitted and approved by Council, which plans shall be referenced in Council's approving ordinance. Violation of any specific condition shall constitute a violation of this Zoning Code with the same penalties and remedies available as with other violations of this Zoning Code. Council may provide for a project to be approved in phases, may require the posting of a bond or other security to secure performance of certain features on a plan, and may provide for the submission of final plans for approval of Council prior to the issuance of a building permit.

(Ord. 1-1988. Passed 4-11-88.)

   (a)   No hazardous waste shall be stored, treated or disposed of above-ground in any location within the City of Norton for a period in excess of eight hours.

   (b)   No hazardous waste shall be stored, treated or disposed of for any period of time, either above-ground or below ground, within 1,000 feet of any residence. For the purpose of this section, distance shall be measured from the foundation of a residence to the edge of the closest point of a surface storage, treatment or disposal area, or, in the case of a subsurface storage, treatment or disposal area, distance shall be measured on a horizontal line from the foundation of a residence to the vertical projection of a line from the nearest point of the subsurface storage, treatment or disposal area to said residence.

   (c)   No hazardous waste shall be stored, treated or disposed of above-ground or below ground within 1,000 feet of any public or private park or recreation area or other place of public assembly. Measurement, for the purpose of this section, shall be made from the foundation of a structure devoted to public assembly or from the nearest point to the hazardous storage, treatment or disposal facility of the portion of a park or recreation area intended to be used by humans for recreational purposes and the nearest point of a surface hazardous waste storage, treatment or disposal area or, in the case of a subsurface storage, treatment or disposal area, distance shall be measured to the vertical projection of a line from the nearest point of a subsurface hazardous waste storage, treatment or disposal area to the public or private park or recreation area or other place of public assembly.

   (d)   No hazardous waste shall be stored, treated or disposed of above-ground or below ground within 1,500 feet of any well used for a potable water supply. For purposes of this section, distance shall be measured from the well head to the edge of the closest point of a surface storage, treatment or disposal area or, in the case of a subsurface storage, treatment or disposal area, distance shall be measured on a horizontal line from the well head to the vertical projection of a line from the nearest point of the subsurface storage, treatment or disposal area to said well head.

   (e)   No hazardous waste shall be transported across private property within 300 feet of any residence, park or recreation area or place of public assembly.

   "Hazardous waste" is hereby defined as including those wastes defined in the Ohio Revised Code and regulations promulgated thereunder as hazardous waste.

(Ord. 1-1988. Passed 4-11-88.)

   (a)   Annotation on Zoning District Map. If Council approves a Special Planned Development, the location and extent of the development and reference to the approving ordinance, by number, shall be indicated on the Official Zoning Map.

   (b)   Issuance of Certificate. Building and Zoning Inspector shall issue a zoning certificate for an approved Special Planned Development, or part thereof, upon submission of plans and further processing according to Section 1252.02(b) to (e).

   (c)   Time Limitation. Authority to establish a Special Planned Development included in the approving ordinance shall expire and be void without further action by Council if the applicant does not apply for, quality for, and have issued to him or her, a zoning certificate within two years of the enactment of the approving ordinance. The expiration of said authority shall be noted on the Official Zoning Map.

(Ord. 1-1988. Passed 4-11-88.)