The purpose of a conditional use is to allow proper integration into the Municipality of uses that may only be suitable in specific locations within a certain zoning district or only if such uses are designed or laid out in a particular manner on the site.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Application. Application for conditional uses shall be presented to the Development Services Director and acted upon by the Planning and Zoning Commission. Approval by the Commission shall be required prior to the issuance of a zoning certificate.

   (b)   Criteria.

      (1)   In consideration of an application for a conditional use, the Commission must make an affirmative finding that the proposed conditional use is to be located in a district wherein such use may be conditionally permitted, and that all conditions for approval of the conditional use have been met. In doing so, the Commission may request proof that the applicable requirements for the conditional use have been met.

      (2)   The Commission shall give due regard to the nature and condition of all adjacent uses and structures and the consistency therewith of the proposed conditional use and any potential nuisances. The Commission must also affirmatively find, prior to the issuance of a permit, that the location of the site needing the conditionally permitted use is suitable in the particular location within the zoning district and that the conditionally permitted use complies with such other reasonable conditions placed on the use that are appropriate to protect the general health, safety or welfare of the municipality.

   (c)   Procedure. A conditional use permit shall be initiated and acted on pursuant to the regulations set forth in Chapter 1272.

(Ord. 2014-27. Passed 8-5-14.)

   The Development Services Director may revoke approval of a conditional use for failure to comply with the conditions of that approval. By certified mail the Development Services Director shall notify the holder of his or her intention to revoke approval and of the holder's right to a hearing before the Planning and Zoning Commission within fifteen days of the receipt of such notice, if he or she so requests. In lieu of such certified mail service, service may be made personally by the Development Services Director, in which case the hearing shall be requested within fifteen days after such service. If the holder requests a hearing, the Commission shall set a time and place for the hearing and notify the holder. At the hearing, the holder may appear in person or be represented by his or her attorney or other representative, or he or she may present his or her position in writing. He or she may present evidence and may examine witnesses appearing for or against him or her. If no hearing is requested, the Development Services Director may revoke approval without a hearing. The authority to revoke approval is in addition to any other means of zoning enforcement provided by law.

(Ord. 2014-27. Passed 8-5-14.)

   The following sections contain additional required conditions to be met by an applicant for a conditional use. In addition to meeting the subsequent required conditions for conditional uses, all applicants for conditional uses shall be required to fully comply with any and all other applicable provisions of this Code.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Agricultural storage and processing are conditionally permitted uses in AGR, M1 and M Districts.

   (b)   All storage and processing equipment and structures shall be at least 100 feet from any residential property.

   (c)   These uses shall be carried on in such a way that no odor, dust or visual or other hazardous or annoying occurrences are detectable beyond the property line.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Animal Clinics without Boarding. Nothing in this section shall prohibit the location of animal/veterinary clinics, animal hospitals, pet care facilities and/or pet medical centers without boarding in C3, C4, M1, M, PC-3, PC-4, P-M1 and P-M Districts where such offices are wholly contained within a building and the only overnight care of animals is on an emergency basis. In addition, the following shall apply:

      (1)   Such uses are conditionally permitted in AGR, C1, C2 and O and the equivalent planned districts.

      (2)   Establishments shall be permitted to carry on the following activities: the care of ill and/or injured pets and the overnight boarding of ill and/or injured household pets.

      (3)   The overnight boarding of livestock is prohibited.

      (4)   All activities other than off-street parking and loading or unloading shall be conducted within a fully enclosed structure.

      (5)   A solid wood fence or masonry wall six feet high shall be constructed where an animal/veterinary clinic, animal hospital, pet care facility and/or pet medical center is located adjacent to a Residential District.

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

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

      (8)   Walls shall be soundproofed by an appropriate means (such as filling cement block with sand, building the walls to the roof and using acoustic tile where appropriate).

      (9)   Appropriate heating, cooling and ventilation shall be provided to reduce humidity and maintain an odor-free environment within a comfortable temperature range.

      (10)   Appropriate pet waste control measures shall be taken and sewage pretreatment facilities shall be provided as required by the City Manager and/or the EPA. Regular cleaning of all outside areas is required.

      (11)   Compliance shall be had with all regulatory requirements imposed by the City of Pickerington, Fairfield and/or Franklin Counties, the State of Ohio and the Federal Government pertaining to animal restraints.

      (12)   On-site crematoriums are not permitted.

   (b)   Animal Clinics with Boarding.

      (1)   Animal veterinary clinics, animal hospitals, pet care facilities and/or pet medical centers may also include unlimited pet boarding and a full range of pet related services if approved and where conditions below shall also apply.

         A.   Buildings shall be wholly enclosed, free-standing and self-contained in order to offer a full range of pet related services, including boarding, training, grooming, retail sales and clinical care.

         B.   Such uses are conditionally permitted in C3, M1 and M Districts.

         C.   The facility shall be housed completely indoors, other than off-street parking and loading/unloading. On-premises, outdoor pet training sessions may be permitted through a conditional use permit.

         D.   A residential dwelling unit located within such a facility may be permitted through a conditional use agreement. In no event shall the residential dwelling unit modify the exterior appearance of the commercial building.

         E.   Building setbacks shall by a minimum of thirty feet from all contiguous properties, unless greater requirements are established by this Zoning Code.

      (2)   Animal clinics with boarding shall also meet all requirements set forth for animal clinics without boarding as set forth in subsection (a) herein.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Auditoriums are a conditionally permitted use in AGR, R1, R2, R3, R4, R6, R10, C3 and C4 Districts.

   (b)   The site must have adequate access onto a hard-surfaced State highway, or a Municipal, County or Township road, which is regularly maintained and is adequate to handle the additional traffic generated by this use.

   (c)   A landscape plan, including quantities, sizes and varieties of landscaping, shall be submitted with the application.

   (d)   All exterior lighting shall be directed into the parking areas and shall not cause glare onto adjacent properties.

   (e)   Access to the facility shall only be provided onto primary Municipal arterials, and in no case shall access or parking be provided on secondary residential streets.

   (f)   Internal circulation systems shall be adequate to handle expected traffic.

   (g)   The facility shall not have an adverse effect on the surrounding community.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   General Regulations for all Auto-Related Establishments for All Permitted Locations.

      (1)   Direct access. The site shall have direct access to a primary arterial.

      (2)   Required assessment of traffic impact. An assessment shall be made of the probable impact of the proposed facility on the prevailing and projected traffic on the adjacent thoroughfare and the adjacent neighborhood. The Municipal Engineer shall determine whether or not the facility will create detrimental traffic conditions at the proposed location.

      (3)   Required fencing/screening. A solid fence, wall or hedge six feet high shall be required when the proposed facility is adjacent to a Residential District, and a landscaped front yard of not less than twenty-five feet in depth shall be provided.

      (4)   Illumination design standard. Exterior lighting shall be shaded whenever necessary to avoid direct lighting onto adjacent properties or upon adjacent public streets.

   (b)   Auto Service Station. Automobile service stations, including gas stations, whether or not other auto services are provided, are a conditionally permitted use in C3, C4, M1 and M Districts. There shall be at least one driveway located along the frontage(s) providing both ingress and egress to the property. Driveways shall not exceed thirty feet in width at the property line. No such driveway shall be located closer than twenty-five feet to an adjacent property line in any other zoning district. On corner lots no such driveway shall be located closer than thirty feet to the intersection of the right-of-way lines of the two streets.

      (1)   Lot size shall be a minimum of 20,000 square feet.

      (2)   All work shall be carried on in a totally enclosed building.

      (3)   No equipment, process or storage associated with the use shall create odor, noise, vibration, glare, electrical interference or other nuisances detectable to normal senses off the lot.

      (4)   Storage of motor vehicles shall be permitted on the premises for periods of time not exceeding seven days. Such motor vehicles may be stored for periods of time in excess of seven days if stored entirely within an enclosed building.

   (c)   Auto Vehicle and Equipment Sales. Automobile and automobile equipment sales are a conditionally permitted use in C4 and M1 Districts. See subsections (a) and (b) hereof.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Business retail is a conditionally permitted use in the M1 District.

   (b)   Uses shall be designed so that access points and circulation do not interfere with surrounding industrial functions.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Cemeteries are a conditionally permitted use in AGR and R1 Districts.

   (b)   The minimum lot size shall be ten acres.

   (c)   Direct access to a major street shall be required.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Religious and public assembly uses are conditionally permitted uses in AGR, R1, R2, R3, R4, R6, R10, C2, O and M1 Districts.

   (b)   All structures, including accessory buildings, shall be set back at least fifty feet from the front lot line.

   (c)   Access to a primary arterial shall be provided. No access shall be provided to secondary residential streets, unless it can be shown that there will be no impact on the neighborhood.

   (d)   An assessment shall be made of the probable impact of the proposed facility on the prevailing and future traffic expected on the adjacent public street.

   (e)   The lot shall be a minimum of one acre.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Indoor commercial entertainment is a conditionally permitted use in the O District.

   (b)   All activities associated with a commercial recreation establishment shall be conducted within a completely enclosed building with the exception of off-street parking and loading and/or unloading.

   (c)   A solid fence, wall or hedge six feet high shall be constructed where a commercial recreation establishment is located adjacent to a Residential District.

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

   (e)   No commercial recreation establishment shall have the effect of causing any increase in noise, litter or vehicular or pedestrian traffic on any adjacent residential property.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Outdoor commercial entertainment is a conditionally permitted use in the O District.

   (b)   The site must have adequate access onto a hard-surfaced State highway, County road or Township road, which is regularly maintained and is adequate to handle the additional traffic generated by the uses.

   (c)   A development plan shall be submitted with the application showing proposed incidental uses and their relationship to the site. Such incidental uses may include, but shall not be limited to, concession, food service and consumption areas, commissaries, management offices, toilet facilities and shower facilities. Incidental uses shall clearly be appropriate to the proposed primary recreation activity.

   (d)   A landscape plan, including quantities, sizes and varieties of landscaping, shall be submitted with the application.

   (e)   Parking areas shall be a minimum distance of fifty feet from Residential Districts.

   (f)   In determining approval or disapproval, the Planning and Zoning Commission shall consider such potential nuisances as noise, lighting, dust and their effect on adjacent properties.

(Ord. 2014-27. Passed 8-5-14.)

   Poles, masts and towers for supporting antenna used in the operation of wireless communications facilities licensed by the Federal Communications Commission may be permitted by the Development Services Director in any zoning district if they meet the following requirements and are not prohibited by deed restriction or other covenant.

   (a)   Location on Property. All such poles, masts and towers shall be placed no closer than five feet to an official right-of-way line or to property under different ownership, and no closer than one foot to an easement. If a beam (array)-type antenna is installed, no element or part of such antenna shall extend closer than five feet to an official right-of-way line and/or the property under different ownership, and no closer than one foot to an easement. If ground-supported or ground-mounted, all parts of the structure shall be located within the rear yard as defined in this Code.

   (b)   Height. Ground-supported or mounted structures may be approved with any height above grade up to sixty-five feet, subject to the provisions of subsection (h) hereof. Roof-mounted structures shall not exceed twelve feet above the highest point of the roof.

   (c)   Compliance with Electrical Code and Federal Regulations. All such installations shall conform to the requirements of the National Electrical Code and the F.C.C. regulations governing amateur radio services. In addition, the installation must maintain a minimum of eight feet clearance from all power lines. This includes the beam elements or any part thereof. All antenna support structures, whether ground or roof-mounted, shall be grounded. Grounding shall be in accordance with the provisions of the National Electrical Code and for ground-mounted towers shall consist of a minimum of one ground rod a minimum of five-eighths inch in diameter and eight feet in length. The ground conductor shall be a minimum of #10 GA copper. However, in all instances, construction shall follow the manufacturer's requirements for grounding.

   (d)   Permits. Permits shall be required for installation of any poles, masts or towers over twelve feet above the roof of any structure to which they may be attached, and for any installation when erected on or supported by the ground. Permits shall be obtained from the Development Services Director. Applications for permits shall be accompanied by plans and specifications, three copies showing all dimensions, the size and kind of members, footings and guy wires, if any, the location, depth and type of guy anchors and footings, if any, and the type and weight of the antenna, apparatus or structure to be attached to or supported by the structure.

   (e)   Materials. Antenna support structures must be constructed from one of the following materials: aluminum, galvanized steel or equally weather-resistant steel. All ground-mounted antenna support structures exceeding twenty-five feet in height shall be mounted in concrete and erected in such a manner so as to be able to withstand a minimum wind velocity of eighty miles per hour, i.e. an impact pressure of twenty-five pounds per square foot.

   (f)   Towers. Towers of steel, iron or aluminum, whether of the rigid nondemountable type or the rigid remountable type with the crank-up, crankdown and either the hinged base or swivel crank-over features, shall carry no more weight on the top than specified by the manufacturer's specifications.

   (g)   Waiver of Objection for Certain Structures; Servicing; Removal.

      (1)   All poles, masts or towers, and other structures used for antennas under this section, which exceed thirty-five feet in height above grade elevation, or which exceed twenty feet in height above the roof of any structure (whichever is less), shall be subject to the following requirements: If the top of such poles, masts or towers is higher above their foundations, or the foundation of the structure on which they are erected, than ninety percent of the horizontal distance from its base or projected base to the nearest point on adjacent property under different ownership, or to the nearest edge of an official right-of-way, then no permit shall be issued for such installation unless a waiver is obtained from each and every owner of adjacent property that the structure could fall upon.

      (2)   In calculating the height of demountable-type towers, the top of the lower rigid section shall be considered the top for the purpose of this subsection.

   (h)   Exemptions. This Code shall not affect any existing antenna support structure, utilized by Federally licensed amateur radio or Federally authorized citizens radio service stations, which has been constructed and which is in place prior to the effective date of this Code. However, such antenna support structures must comply with the grounding requirements of subsection (c) hereof.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Day care centers are a conditionally permitted use in AGR, R1, R2, R3, R4, R6 and R10 Districts.

   (b)   A drop-off area shall be provided at the main entrance to the facility sufficient to accommodate four automobiles.

   (c)   There shall be provided a minimum lot size of 500 square feet per child enrolled in the facility.

   (d)   There shall be provided a minimum outdoor play area of 100 square feet per child enrolled in the facility.

   (e)   All outdoor play areas shall be enclosed by a six-foot fence, which shall be maintained in good condition and constructed to preclude penetration by any child or adult.

   (f)   The hours of operation shall be limited to between 6:30 a.m. and 8:00 p.m.

   (g)   The maximum percentage of site coverage by all principal and accessory buildings and outdoor play areas shall be seventy-five percent.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Regulations for Beer and Wine Carry-Out Stores (Party Stores).

      (1)   Status. Beer and wine carry-out stores (party stores) are a conditionally permitted use in C3, C4, M1 and O Districts.

      (2)   Required fencing/screening and landscaping. A solid wood fence or masonry wall six feet high shall be constructed or planted where the beer and wine carry-out or party supply store is located adjacent to a Residential District. All landscaped areas shall be separated from all paved areas by a six-inch high curb. A raised curb six inches high and six inches wide shall be constructed along all street frontages, except within driveway openings, and shall form a landscaped island having a minimum width of five feet including the width of the curbs.

      (3)   Illumination design standard. Exterior lighting shall be shaded wherever necessary to avoid casting direct lighting on any adjacent property or upon any adjacent public street.

      (4)   Queue. A linear queue shall be provided for every drive-thru beer and wine carry-out station. Each queue shall consist of space for not less than seven vehicles and shall measure to less than 154 linear feet. These spaces shall not block or otherwise interfere with the site circulation patterns as shown on the required site plan.

      (5)   Segregation of parking. Customer and employee parking shall be segregated, and customer parking shall be located in the area with the highest accessibility to the main retail area of the store.

   (b)   Regulations for Drive-In Banking Facilities.

      (1)   Status. Drive-in banking facilities are a conditionally permitted use in C2, C3, C4 and M1 Districts.

      (2)   Associated with bank. All drive-in banking facilities shall be located on the same zoning lot as a bank or other financial institution and shall be attached to that institution by means of a canopy or other structural means.

      (3)   Queue. A linear queue shall be provided for every teller or teller station. These spaces shall not block or otherwise interfere with the site circulation patterns as shown on the required site plan. Minimum requirements for each queue shall conform to the following table:

 

 

      (4)   Segregation of parking. Customer and employee parking shall be segregated, and customer parking shall be located in the areas with the highest accessibility to the bank lobby.

      (5)   Circulation. The circulation system shall provide smooth, continuous traffic flow with efficient, nonconflicting movement throughout the site. Major pedestrian movements shall not conflict with major vehicular circulation movements.

      (6)   Access. Immediate access to major streets shall be required.

      (7)   Illumination design standard. Exterior lighting shall be shaded wherever necessary to avoid casting direct light upon any adjacent property or upon any adjacent public street.

      (8)   Automatic teller machines. Automatic teller machines shall be required to attain a Nonresidential Design Guidelines Certificate of Appropriateness and to meet the requirements of paragraphs (b)(5), (6) and (7) hereof.

   (c)   Regulations for Drive-In Restaurants (Fast Foods).

      (1)   Drive-in restaurants (fast foods) are a conditionally permitted use in C3, C4 and M1 Districts.

      (2)   There shall be access located along the frontage(s) providing both ingress and egress to the property. Driveways shall have a minimum distance of thirty feet in width at the curb line or twenty-four feet in width at the property line. No such driveway shall be located closer than twenty-five feet to an adjacent property line in a Residential District or ten feet to an adjacent property line in any other zoning district. On corner lots, such driveway shall be located no closer than thirty feet to the intersection of the right-of-way lines of the two streets.

      (3)   A solid wood fence or masonry wall six feet high shall be constructed where the delivery window is located adjacent to a Residential District. All landscaped areas shall be separated from all paved areas by a six-inch high curb. A raised curb six inches high and six inches wide shall be constructed along all street frontages, except within driveway openings, and shall form a landscape island having a minimum width of five feet, including the width of the curbs.

      (4)   Exterior lighting shall be shaded wherever necessary or so directed that the light intensity or brightness shall not be objectionable to surrounding areas.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Eating and drinking establishments, full service are a conditionally permitted use in M1 and O Districts.

   (b)   Uses shall be designed so that access points and circulation do not interfere with surrounding industrial uses.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Hospitals are a conditionally permitted use in R6, R10, C2, O and M1 Districts.

   (b)   Immediate access to a primary arterial shall be required.

   (c)   Maximum lot coverage shall be twenty-five percent.

   (d)   Setback required for off-street parking shall be fifty feet.

   (e)   A six-foot solid wall, fence or compact hedge shall be required when located closer than 150 feet to an existing or platted residential development.

   (f)   An assessment shall be made of the probable impact of the proposed facility on the prevailing and future traffic expected on the adjacent major street and adjacent properties.

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

   (h)   Such use shall not pose a health hazard or other danger to surrounding properties.

   (i)   Disposal of all wastes created on the site shall conform to all standards set by the Environmental Protection Agency, the County Health Department and the Nuclear Regulatory Commission.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Elementary and secondary schools are conditionally permitted uses in AGR, R1, R2, R3, R4, R6, R10, O and M1 Districts.

   (b)   (1)   There shall be a minimum yard requirement of 150 feet in any yard from which unrestricted exits or entries to the principal structure are made.

      (2)   All parking areas and/or areas where vehicles may pick up or discharge passengers shall be screened from view from any adjacent existing or platted residential area. No on-street pick-up or discharge of passengers shall be permitted.

   (c)   The minimum lot shall be five acres.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Bars are a conditionally permitted use in O and M1 Districts.

   (b)   Uses shall be designed so that access and circulation do not interfere with surrounding office and industrial functions.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Universities, colleges, seminaries and vocational and technical schools are conditionally permitted uses in AGR, R1, R2, R3, R4, R6, R10, C1, C2 and O Districts

   (b)   Immediate access to a major street shall be required.

   (c)   An assessment shall be made of the probable impact of the proposed facility on the prevailing and expected future traffic on the adjacent primary arterial.

   (d)   All parking areas and/or areas where vehicles may pick up or discharge passengers shall be screened from view from any adjacent existing residential development.

   (e)   Parking and landscaping plans shall be submitted to ensure compatibility with surrounding uses.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Garbage and refuse transfer, handling, processing and storage are conditionally permitted uses in M Districts.

   (b)   Property must be adjacent to a numbered State or Federal highway.

   (c)   All activity shall occur only in a totally enclosed building, no part of which is closer than 200 feet to any structure occupied as a residence.

   (d)   The applicant shall advise the Municipality as to what special permits are required, such as E.P.A., County Board of Health and Nuclear Regulatory Commission. Such permits shall be furnished prior to approval.

   (e)   Transport of wastes on highways or off-loading from railroads shall occur only during daylight hours.

   (f)   Only State and Federal highways shall be used for transport.

   (g)   The impact of such facility on sanitary sewers, sewage treatment, storm sewers, storm water quality, air quality and noise shall be assessed by competent certified engineers, selected by the Municipality and paid for by the applicants. All costs to abate problems in these areas shall be borne by the applicant.

   (h)   Nothing in this section shall prohibit any governmental entity from performing solid waste collection and disposal, normal sewage treatment and sludge removal and disposal.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Buildings with noncontinuous foundations (pole buildings) are a conditionally permitted use in AGR, R1, C3, M and M1 Districts.

   (b)   The architectural treatment shall be such that all four sides of the structure appear to be of the "standard continuous foundation" construction type.

   (c)   The roof pitch shall be not less than 4/12.

   (d)   Building sides facing or perpendicular to streets shall be of individual architectural elements assembled on site, not metal panels or subsystems which give the appearance of metal panels.

   (e)   The minimum standards set forth in subsections (b) through (d) hereof do not apply when the use is agricultural and related to products produced on the site, except that a change of use to other than agricultural will require the minimum standards to be met.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Hotels and motels are conditionally permitted uses in C2 and M1 Districts.

   (b)   The overall size and height of the structure shall be similar to surrounding uses.

   (c)   There shall be direct access to a primary arterial or to an on-site collector to a primary arterial.

   (d)   Pedestrian access points to the structure shall be reviewed for safety to users and passersby.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Medical and health-related services are conditionally permitted uses in C1 and M1 Districts.

   (b)   Such uses shall not pose a health hazard or other danger to surrounding properties.

   (c)   Disposal of all wastes created on the site shall conform to all standards set by the E.P.A., the County Health Department and the Nuclear Regulatory Commission.

   (d)   Parking volume shall not exceed that for other permitted uses in the district.

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

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Business and professional offices are a conditionally permitted use in AGR and M Districts.

   (b)   Office uses must be incidental to or related to a permitted land use on the same site.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Research and development industry is a conditionally permitted use in C1, C2, C3 and O Districts.

   (b)   The overall size and height of the structure shall be similar to surrounding uses.

   (c)   There shall be direct access to a primary arterial or to an on-site collector to a primary arterial.

   (d)   Pedestrian access points to the structure shall be reviewed for safety to users and passersby.

   (e)   Such use shall not pose a health hazard or other danger to surrounding properties.

   (f)   Disposal of all wastes created on the site shall conform to all standards set by the E.P.A., the County Health Department and the Nuclear Regulatory Commission.

   (g)   Parking volume shall not exceed that for other permitted uses in the district.

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

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Storage buildings are a conditionally permitted use in AGR, O, MI and M Districts.

   (b)   Storage uses must be incidental to or related to a permitted use on the same site.

   (c)   The overall size and height of the structure shall be similar to surrounding uses, and building setbacks and building height shall not exceed the requirements of the applicable zoning district.

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

   (e)   Storage buildings in the O, M, and MI Districts shall be reviewed by the Planning and Zoning Commission for compliance with nonresidential design guidelines.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   In single-family residential districts, storage buildings larger than 200 square feet shall be a conditional use approved by the Planning and Zoning Commission.

   (b)   Storage uses must be incidental to a permitted use on the same site.

   (c)   Exterior lighting shall be shaded whenever necessary to avoid casting direct light upon any adjacent property or adjacent public street.

   (d)   No storage building shall be used as a dwelling unit or home business.

   (e)   There shall be no overhead doors.

   (f)   Storage buildings shall be compatible in appearance, design, architectural character, color, and building materials of the residential structure.

   (g)   There shall be at least a five foot setback from all property lines.

   (h)   There shall be a maximum height of fifteen feet.

   (i)   There shall not be any greater variance of the length and width walls than a 60% - 40% ratio.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Wholesale businesses are a conditionally permitted use in AGR, C1, C2, C3, C4 and O Districts.

   (b)   In an AGR District, the use must be incidental to or related to a permitted use on the site.

   (c)   The overall size and height of the structure shall be similar to surrounding uses.

   (d)   Such use shall not pose a health hazard or other danger to surrounding properties.

   (e)   Disposal of all wastes created on the site shall conform to all standards set by the E.P.A., the County Health Department and the Nuclear Regulatory Commission.

   (f)   Parking volume shall not exceed that for other permitted uses in the district.

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

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Pet grooming centers are a conditionally permitted use in C2 and C3 Districts and a permitted use in C4 Districts.

   (b)   Grooming is restricted to cats and dogs, with no overnight boarding or outside running.

   (c)   Related sales of pet grooming supplies and other pet related items are permitted.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Sexually oriented businesses are a conditionally permitted use in C4 Districts.

   (b)   Signs shall not exceed the size and type permitted in Section 1292.07, the passage of a comprehensive sign plan for the site notwithstanding.

   (c)   There shall be a minimum spacing of 1,000 feet in every direction between sexually oriented businesses and those such businesses granted a conditional use permit and all other similar or permitted businesses.

   (d)   There shall be a minimum spacing of 1,000 feet in every direction between a sexually oriented business and the following land uses:

      (1)   A church;

      (2)   A public or private elementary or secondary school;

      (3)   A boundary of a Residential District;

      (4)   A public park adjacent to a Residential District; and

      (5)   A lot line of a lot devoted to residential use.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Self-storage buildings are a conditionally permitted use in C3, C4, M1 and M Districts. Self-storage buildings shall meet the City's Nonresidential Design Guidelines.

   (b)   Type A buffer is required adjacent to residential uses and Type B buffer is required adjacent to all other uses.

   (c)   Street frontage shall meet the perimeter mounding, fencing, and tree requirements of Section 1258.27.

   (d)   No outside open storage of personal property, such as boats, cars, RV's, campers, trailers, etc. is permitted, except in M1 and M Districts.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Tattoo and body piercing businesses are a conditionally permitted use in C4 and M1 Districts.

   (b)   As used in this section:

      (1)   "Body piercing" means the piercing of any part of the body by someone other than a physician licensed under Ohio R.C. Chapter 4731, who utilizes a needle or other instrument for the purpose of inserting an object into the body for non-medical purposes; body piercing includes ear piercing except when the ear piercing procedure is performed on the ear with an ear piercing gun.

      (2)   "Body piercing establishment" means any place, whether temporary or permanent, stationary or mobile, wherever situated, where body piercing is performed, including any area under the control of the operator.

      (3)   "Business" means an entity that provides tattoo, body piercing or tattoo and body piercing services for compensation.

      (4)   "Ear piercing gun" means a mechanical device that pierces the ear by forcing a disposable single-use stud or needle through the ear.

      (5)   "Premises" means the physical location of a body piercing establishment or tattoo establishment.

      (6)   "Tattoo" means any method utilizing needles or other instruments by someone other than a physician licensed under Ohio R.C. Chapter 4731, to permanently place designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of a person with ink or any other substance resulting in an alteration of the appearance of the skin.

      (7)   "Tattoo establishment" means any place, whether temporary or permanent, stationary or mobile, wherever situated, where tattooing is performed, including any area under the control of the operator.

   (c)   Such business shall comply with all of the requirements and regulations provided for such business in the Ohio Revised Code or the Ohio Administrative Code, as now enacted or amended hereafter, as well as all other applicable provisions of these Codified Ordinances.

   (d)   Signs shall not exceed the size and type permitted in Section 1292.07, the granting of a comprehensive sign plan for the site notwithstanding.

   (e)   There shall be a minimum spacing of 1,000 feet in every direction between tattoo and/or body piercing businesses and all other similar or permitted businesses.

   (f)   There shall be a minimum spacing of 1,000 feet in every direction between a tattoo and/or body piercing business and the following land uses:

      (1)   A church;

      (2)   A public or private elementary or secondary school;

      (3)   A boundary of a Residential District;

      (4)   A public park adjacent to a Residential District; and

      (5)   A lot line of a lot devoted to a residential use.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   "Outdoor service facility" is defined as an area that is not fully enclosed by solid walls and a roof and where services are rendered or goods are displayed, sold, or stored. For purposes of this section, outdoor service facilities include, but are not limited to, outdoor dining areas, restaurant and bar patios, outdoor storage areas, open-air markets and garden stores.

   (b)   Outdoor services facilities are conditionally permitted uses in C1, C2, C3, C4, M, O and M1 Districts.

   (c)   Outdoor services facilities must be harmonious with and in accordance with the general objectives of the Zoning Code.

   (d)   Outdoor services facilities must not be hazardous to or have a negative impact on existing or future surrounding uses.

   (e)   Outdoor services facilities must not involve activities, processes, materials, equipment and conditions of operation, including, but not limited to, hours of operation, that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odor or other characteristics not comparable to the uses permitted in the base zoning district.

   (f)   Outdoor services facilities must not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

   (g)   Outdoor services facilities must provide adequate off-street parking to accommodate the increased development impact of the outdoor services facility.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Seasonal patio enclosures are conditionally permitted in C2, C3, and C4 and the equivalent planned districts.

   (b)   The appearance and materials of seasonal patio enclosures shall be compatible with the patio design, adjacent streetscape and the architecture and aesthetic of the building.

   (c)   Seasonal patio enclosures shall be located under a permanent feature of the principal structure, such as a roof, canopy or awning.

   (d)   Seasonal patio enclosures shall be securely fastened to a permanent structure at all times; no retractable or roll down walls, screens, etc. of any kind shall be permitted.

   (e)   Seasonal patio enclosures shall be permitted for a period between November 1 and May 1.

   (f)   Seasonal patio enclosures shall be removed when outside of the period described in subsection (e) hereof.

   (g)   No signage or advertising of any type shall be permitted on seasonal patio enclosures.

   (h)   Seasonal patio enclosures shall not enclose the main entrance of the principal structure.

   (i)   A conditional use permit for seasonal patio enclosures shall be ongoing unless otherwise revoked.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Automotive vehicles and equipment rental establishments are conditionally permitted in the C3 district.

   (b)   All rental vehicles shall be parked within designated striped parking spaces.

   (c)   Required parking shall be at a ratio of 1.0 space per 200 square feet of gross floor area.

   (d)   All equipment shall be stored within an enclosed space and no equipment may be stored outdoors.

(Ord. 2014-27. Passed 8-5-14.)