Silverton City Zoning Code

§ 153.16

CONDITIONAL USE STANDARDS.

(A) Purpose. The purpose of this section is to establish the procedure for approval of uses conditionally permitted under the provisions of the various districts created by this chapter. These divisions are necessary because of the considerable impact certain uses which might be appropriate in the district might have on other permitted uses.

(B) Application for conditional use. Applications for a conditional use permit shall be submitted to the Zoning Enforcement Officer with all fees and application content required pursuant to § 153.02(D) and (E).

(1) Prior to authorizing a conditional use, the Planning Commission shall conduct a public hearing after notice of said hearing has been given in accordance with § 153.03(E). The Zoning Enforcement Officer shall issue a conditional use permit for the conditional use following the hearing and upon an affirmative vote by the Planning Commission that such conditional use satisfies the requirements of this section.

(2) The Planning Commission, as part of an affirmative vote, is authorized to attach reasonable conditions to a conditional use permit application to meet the overall spirit and intent of the zoning district for which the conditional use is proposed to be located, and to comply with the objectives of this Zoning Code and the Silverton Comprehensive Plan.

(D) Appeals of decisions concerning conditional use permits. Appeals of decisions made by the Planning Commission concerning conditional use permits shall be made in writing to the Board of Zoning Appeals within 30 days from the date of the official Planning Commission decision to either approve or disapprove the conditional use application. In reviewing conditional use decisions by the Planning Commission, the Board of Zoning Appeals shall apply the general conditional use standards and the applicable specific conditional use standards provided for in this section.

(E) General standards applicable to consideration of conditional uses. In reviewing the applications for conditional use permits, the Planning Commission shall consider whether there is adequate evidence that the proposed conditionally permitted use is consistent with the following standards:

(1) The proposed use is a conditional use as established under the provisions of district use regulations;

(2) The proposed use will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and Zoning Code of the city;

(3) The proposed use will be designed, constructed, operated, and maintained in a manner harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the same area;

(4) The proposed use will not be hazardous or disturbing to existing or future neighborhood uses;

(5) The proposed use 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 of those services;

(6) The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

(7) The proposed use will not involve uses, activities, processes, materials, equipment, and conditions 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, or odors;

(8) The proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares;

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

(10) When applicable, minimum standards for parking and loading shall be as required in the off-street parking and loading facilities section of this Zoning Code;

(11) When applicable, parking areas shall not encroach upon any bufferyard required in the landscape and bufferyard standards section of this Zoning Code;

(12) When applicable, minimum standards for landscaping shall be as required in the landscaping and bufferyard standards section; and

(13) When applicable, minimum standards for architectural or exterior material requirements and site design guidelines provided for in the zoning district for which the proposed conditional use may be located shall apply.

(F) Specific standards for certain conditional use. The following minimum requirements shall be imposed on certain specified conditional uses. All conditional uses are subject to the general standards identified in division (E), above, and the lack of specific standards in this section shall not imply a lack of standards at all. Additional requirements may be imposed by the Planning Commission if deemed appropriate to meet the spirit and intent of this Zoning Code and the Silverton Comprehensive Plan. In granting any conditional use, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Zoning Code.

(1) Automated teller machines (ATMs).

(a) No stand-alone automated teller machine structure nor any portion of an automated teller machine constructed as part of a building facade shall exceed 15 feet in height.

(b) All structures and activity areas, except off-street parking, shall be located no less than 50 feet from all lot lines abutting any residential zoning district and no less than 35 feet from all lot lines abutting non-residential zoning districts.

(c) The Planning Commission may require that a photometric analysis be provided in order to ensure that the foot candle measurement at any property line abutting against any residential use or zoning district does not exceed 0.5-foot candles.

(2) Automobile sales.

(a) The minimum lot size shall be four acres.

(b) The building setback for such establishments shall be located a minimum of 150 feet from any residential district and the minimum parking setback shall be 50 feet.

(c) All work shall be performed entirely within an enclosed building. During the time work is performed on a vehicle, the vehicle shall be entirely within the building.

(d) Vehicle parking areas, vehicle and equipment storage areas, maneuvering lanes and access ways to public streets shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on and adjacent to the site.

(e) No scrap metal, scrap or salvaged parts, junk vehicles nor used oil, antifreeze, transmission or other such fluids shall be stored above ground on the site.

(f) Parking areas shall not exceed the required number of off-street parking spaces set forth in the off-street parking and loading facilities section.

(g) Any proposed loudspeaker system shall be approved as part of the site plan and may require conditions regulating the hours of usage and maximum decibel levels.

(3) Automotive gasoline or automotive service station.

(a) No structure shall exceed 25 feet in height.

(b) All structures and activity areas, except off-street parking, gasoline pump islands and canopies, shall be located no less than 40 feet from all lot lines. Gasoline pump islands shall be located no less than 25 feet from the road right-of-way. Canopies shall be located no closer than 15 feet from the road right-of-way. Where the property abuts any residential zoning district or residential use, the Planning Commission shall decide on setback requirements taking into account surrounding properties and the Silverton Comprehensive Plan.

(d) Lubrication, washing and other incidental servicing of motor vehicles and all supply and merchandise storage shall be completely within an enclosed building except as otherwise provided herein.

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

(f) Employee vehicles and vehicles awaiting servicing or return to customers following servicing shall be parked in areas indicated for such parking on the approved site plan. Such parking areas shall be located no less than 50 feet from the road right-of-way.

(g) The sale of motor vehicles on automotive service station premises shall be prohibited.

(h) The outdoor storage of any materials, part or the outdoor display of goods and merchandise for sale shall be prohibited.

(i) Notwithstanding any other provision of this or any other section relating to the development of automotive service stations, no signs, product displays, parked vehicles or other obstructions which adversely affect visibility at intersections or at station driveways shall be permitted.

(j) Underground tanks must be removed if the property is to be converted to another use.

(k) As a condition of approval under this section, an automobile gasoline or service station shall provide a performance bond to the city in an amount equal to the estimated removal cost of any underground storage containers or other site element remediation or abatement that may require specific costs to fully bring the site in full compliance with all local, state and federal environmental laws and guidelines. Such performance bond must remain in effect until the site ceases to be used as an automobile gasoline or service station. Changes in ownership of the property and/or the business entity shall require the submission of a new or modified performance bond to the city within 30 days upon change of ownership.

(l) The following shall regulate the abandonment of automobile gasoline and automobile service stations:

1. If any automotive gasoline or service station is abandoned for a period of at least six consecutive months, such station shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property or general welfare of the community and shall be abated.

2. Such abandoned condition shall be abated within 60 days either by placing the station in operation in accordance with this section and other applicable laws and regulations of the city and state, adopting and using the building or structure for another permitted use in the district in which it is located, or by razing the station, removing the pumps and signs, abandoning the underground storage tanks in accordance with safe accepted practices as prescribed by the National Fire Protection Association and filling depressions to the grade level of the lot; however, if the station is in operation at the time notice is given and remains in operation for 90 consecutive days thereafter, the provision of this division shall not apply. Whenever the Zoning Enforcement Officer shall find any automotive service station to be abandoned, the Zoning Enforcement Officer shall give notice in the same manner as service summons in civil cases, or by certified mail addressed to the owner of record of the premises at the last known address to which tax bills are sent, or by a combination of the foregoing methods.

3. An abandoned automobile gasoline or service station site shall comply with any applicable federal or State of Ohio Environmental Protection Agency laws, rules and provisions prior to being granted a non-abandoned status by the Zoning Enforcement Officer.

4. On the failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Zoning Enforcement Officer may take action as may be necessary to abate such nuisance.

(4) Bed and breakfast lodgings.

(a) The minimum lot area shall be 20,000 square feet.

(b) All structures and activity areas, except off-street parking, shall be located no less than 35 feet from all lot lines.

(d) Central facilities for the collection and disposal of trash shall be provided and shall be located in the rear yard only.

(e) The maximum number of employees shall be two, other than occupants or owners.

(f) No more than two adult persons shall be permitted per room.

(g) There shall be a maximum of eight guest bedrooms permitted in a bed and breakfast lodging establishment.

(h) No receptions, private parties or any other type of guest paid activity shall be permitted.

(5) Cottage industries.

(a) Not more than two outside persons may be employed on the premises in addition to the members of the family residing on the premises.

(b) The cottage industry shall be clearly incidental and subordinate to the residential use of a parcel containing a dwelling occupied as a principal residence of the owner or operator of the cottage industry.

(c) Multiple uses are permitted within the cottage industry. The total area occupied by all uses within the cottage industry, including storage, shall not exceed 1,000 square feet.

(d) All aspects of the cottage industry shall be located and conducted within a dwelling unit or enclosed accessory building(s), with the exception of outdoor storage of materials, products or vehicles as specifically provided by the conditional use permit. There shall be no other change in the outside appearance of the building or premises, except that the placement of one non-illuminated wall sign not exceeding four square feet may be permitted.

(e) The sale of merchandise not produced on the premises (except mail order businesses) shall be incidental and accessory to the merchandise or service produced by the cottage industry.

(f) Not more than three delivery vehicles shall access the premises each day.

(g) The use and parking of large vehicles or construction equipment (such as trucks of over one ton rating) or vehicles being repaired shall be regulated by the conditional use permit.

(h) No equipment or process used in the cottage industry shall create noise, vibration, glare, fumes, dust, odors, smoke, electrical interference or other impacts in excess of those customarily generated by single-family residential uses in the neighborhood, nor shall noise exceed the levels normally found in residential districts at the property line.

(6) Educational institutions.

(a) The minimum lot area shall be five acres for elementary schools, ten acres for junior high schools and 15 acres for senior high schools.

(b) All structures and activity areas, except off-street parking, shall be located no less than 40 feet from the front lot line and no less than 100 feet from all other lot lines. Where the property abuts any residential zoning district or residential use, the Planning Commission shall decide on setback requirements taking into account surrounding properties and the Silverton Comprehensive Plan.

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

(7) Funeral homes.

(a) The minimum lot area shall be 20,000 square feet.

(b) All structures and activity areas, except off-street parking, shall be located no less than 35 feet from all lot lines. Where the property abuts any residential zoning district, the Planning Commission shall decide on setback requirements taking into account surrounding properties and the Silverton Comprehensive Plan.

(8) Home occupations.

(a) Home occupations shall be clearly incidental and subordinate to the use of the property for residential purposes and shall be wholly conducted within the dwelling.

(b) No more than the equivalent of 25% of the gross floor area of any dwelling shall be utilized for a home occupational use.

(d) There shall be no outside storage of any kind related to the home occupational use and only commodities made on the premises or commodities, which are considered accessory to the services provided (i.e. shampoo in a beauty salon), may be sold on the premises. No display of the products shall be visible from the street.

(e) All parking requirements of a home occupation shall be provided for by utilizing either existing residential driveways or on-street parking spaces. No expansion of off-street parking areas shall be permitted in connection with a home occupation use.

(f) No equipment, process, materials, or chemicals which create offensive noises, vibration, smoke, dust, odor, heat, glare, x-rays, radiation, or electrical disturbances shall be utilized in the home occupation.

(g) Not more than one person, who is not a resident of the premises, may participate in the home occupation as an employee or volunteer.

(h) No more than one home occupation shall be permitted within any single dwelling unit.

(i) Delivery of any materials necessary for a home occupation shall be limited to automobiles, light duty pick-up trucks or vans.

(j) Hours of operation for a home occupation that entails client visits or incoming deliveries are restricted to no earlier than 8:00 a.m. and no later than 8:00 p.m. each day of the week, except that operation on Sundays is restricted to 12:00 p.m. to 6:00 p.m.

(k) The Zoning Enforcement Officer may waive the requirement for public notice and public hearing as set forth in division (C) of this section for those home occupations that will not have an adverse impact upon adjacent properties and surrounding areas.

(9) Hospitals.

(a) The minimum lot area shall be five acres.

(b) No structure shall exceed 70 feet in height.

(c) All structures and activity areas, except off-street parking, shall be located no less than 100 feet from the front lot line and no less than 40 feet from all other lot lines. Where the property abuts any residential zoning district or residential use, the Planning Commission shall decide on setback requirements taking into account surrounding properties and the Silverton Comprehensive Plan.

(d) Loading and unloading areas shall be a minimum of 75 feet from any residential use or residential zoning district.

(10) Low intensity service establishments.

(a) The minimum lot area shall be 25,000 square feet.

(b) No structure shall exceed 20 feet in height.

(c) All structures and activity areas, except off-street parking, shall be located no less than 30 feet from any side or rear lot line. Where the property abuts any residential zoning district or residential use, the Planning Commission may require a more restrictive setback requirement than those provided for in § 153.20(D) taking into account surrounding properties and the Silverton Comprehensive Plan.

(d) Loading and unloading areas shall be a minimum of 75 feet from any residential use or residential zoning district.

(e) Outdoor storage of any materials, products or equipment is limited to the rear yard area only and shall be fully enclosed with an eight-foot-high solid wood privacy fence. Outdoor storage may include vehicles if equipment, materials or products are stored upon the vehicle in an openly visible manner.

(f) The architectural and exterior material requirements set forth in § 153.11(J) shall apply to low intensity service establishments.

(11) Nursery schools/day care facilities.

(a) The minimum lot area shall be 10,000 square feet.

(b) All structures and activity areas, except off-street parking, shall be located no less than 50 feet from the front lot line and no less than 40 feet from all other lot lines. Where the property abuts any residential district or residential use, the Planning Commission shall decide on setback requirements taking into account surrounding properties and the Silverton Comprehensive Plan.

(c) Outdoor play areas shall be permitted in the side and rear yards only and shall be enclosed with a fence or wall of a minimum of five feet in height.

(d) Unloading and loading of children from vehicles shall only be permitted in the approved parking area of the facilities. An on-site drop off area sufficient to accommodate four vehicles shall be provided.

(12) Private recreation areas.

(a) No structure shall exceed 35 feet in height.

(b) All structures and activity areas, except off-street parking, shall be located no less than 75 feet from all lot lines.

(d) Only retail uses which are customarily accessory or incidental to the main recreational use shall be permitted and shall include such uses as refreshment stands, souvenir stands and concession stands.

(13) Religious places of worship.

(a) The minimum lot area shall be 30,000 square feet with a minimum lot width of 125 feet.

(b) The main structure of a religious place of worship or any other building shall not exceed 40 feet in height with the exception of a steeple or tower, which may not exceed 75 feet in height.

(c) All structures and activity areas, except off-street parking, shall be located no less than 35 feet from all lot lines. Where the property abuts any residential district or residential use, the Planning Commission shall decide on setback requirements taking into account surrounding properties and the Silverton Comprehensive Plan.

(d) There shall be no more than two ingress/egress drives onto the property. No drive shall exceed 35 feet in width.

(e) Such uses shall be encouraged to locate adjacent to parks and other nonresidential uses such as schools and shopping facilities where use could be made of joint parking facilities.

(14) Substantially similar uses.

(a) All applications for a zoning permit for a building or use not specifically listed in this Zoning Code shall be subject to approval by the Planning Commission in accordance with the following conditions:

1. Such use is not specifically listed in any other zoning district as a permitted use, conditional use or accessory use.

2. Such use is similar in nature and has the same characteristics of a use listed in this Zoning Code.

(b) If the Planning Commission determines that the subject use is similar to a listed use, the subject use shall be required to conform to the same regulations as the listed use.

(15) Tattoo parlors and body piercing establishments.

(a) Each operator of a business that offers tattooing or body piercing services shall do all of the following:

1. Maintain procedures for ensuring that the individuals who perform tattooing or body piercing procedures are adequately trained to perform the procedures properly;

2. With respect to tattooing services, maintain written records that include the color, manufacturer, and lot number of each pigment used for each tattoo performed;

3. Comply with the safety and sanitation requirements for preventing transmission of infectious diseases, as established in rules adopted under R.C. § 3730.10;

4. Require the individuals who perform tattooing and body piercing procedures to disinfect and sterilize all invasive equipment or parts of equipment used in performing the procedures by using methods that meet the disinfection and sterilization requirements established in rules adopted under R.C. § 3730.10; and

5. Ensure that weekly tests of the business's heat sterilization devices are performed to determine whether the devices are functioning properly. In having the devices tested, the operator of the business shall use a biological monitoring system that indicates whether the devices are killing microorganisms. If a test indicates that a device is not functioning properly, the operator shall take immediate remedial action to ensure that heat sterilization is being accomplished. The operator shall maintain documentation that the weekly tests are being performed. To comply with the documentation requirement, the documents must consist of a log that indicates the date on which each test is performed and the name of the person who performed the test or, if a test was conducted by an independent testing entity, a copy of the entity's testing report. The operator shall maintain records of each test performed for at least two years.

(b) Each operator of a business that offers ear piercing services performed with an ear-piercing gun shall require the individuals who perform the ear-piercing services to disinfect and sterilize the ear-piercing gun by using chemical solutions that meet the disinfection and sterilization requirements established in rules adopted under R.C. § 3730.10.

(d) As a condition of approval, each operator of a business that offers tattooing or body piercing services shall provide the Planning Commission with evidence documenting the attainment of all required Ohio State Board of Health approvals as required to offer tattooing and body piercing services in the state.

(G) Addition to or expansion of a conditional use. Additions to or expansions of approved conditional uses shall not be undertaken until a new conditional use permit application reflecting those additions or expansions is granted by the Planning Commission. The conditional use permit application referred to in this section shall comply with the procedural and substantive requirements of this section.

(H) Exemption of existing conditional uses. Those uses which are classified as conditional uses in this section and exist in a district at the time of enactment of this section shall be considered nonconforming until that time as they are granted a conditional use permit.

(I) Expiration of conditional uses.

(1) A conditional use permit shall be deemed to authorize only one conditional use and such conditional use permit shall automatically expire if, for any reason, one of the following occurs:

(a) The conditional use has ceased by discontinuance or abandonment for a period of more than six months;

(b) Such use violated the conditions established in this chapter; or

(c) Change of ownership of the property unless the new owner intends to maintain the same conditional use under any approved standards or conditions.

(2) Once a conditional use expires, the owner must reapply for a conditional use permit as set forth in the section to re-establish the conditional use.

(Ord. 2025-10, passed 5-1-25)