Springboro City Zoning Code

CHAPTER 1264

Development Standards for Specific Uses

1264.01 GREENHOUSES AND PLANT NURSERIES.

These uses are permitted by the Zoning Ordinance to help preserve the rural ambiance of the original village. Accordingly, such uses shall be designed to minimize the visibility of manufactured items and parked vehicles and to emphasize the display of natural products. These uses shall also be carefully designed to avoid the creation of nuisances. To meet these objectives, the site plan shall generally provide for the following:

(a) Outdoor Storage. Display of trees, plants, produce and other natural products along the frontage of the parcel to emphasize these items and to screen the interior of the parcel.

Display of manufactured and/or packaged materials (such as mulch) shall be located out of sight from the public right-of-way. Storage of bulk particulate goods such as mulch, topsoil, sand, etc. in the interior or at the rear of the parcel and within walled enclosures to minimize wind dispersal.

(b) Parking Location. Vehicle parking in the interior or at the rear of the parcel.

(c) Parking, Pavement. Concrete or asphalt pavement shall be provided on all surfaces on which customer vehicles are permitted to drive or park, to prevent tracking of mud and debris onto adjacent public streets. Chapter 1279.

(Ord. 0-15-4. Passed 2-19-15.)

1264.02 KENNEL.

The boarding, breeding, raising, grooming, or training of dogs, cats, or other domestic animal over 6 months of age either not owned by the owner or occupant of the premises, or for commercial gain may be permitted, provided the following requirements are met:

(a) Enclosures. All animals shall be kept in pens or cages designed, constructed and maintained so as to be harmonious and appropriate in appearance with the character of the general area in which located, and such use will not affect the character of the same area in a negative way.

(b) Enclosure Setbacks. All pens or cages shall be located not less than 200 feet from any property line and all animals shall be kept therein or within a building. No animal shall be allowed to run at large.

(c) Noise and Odor. Such activity shall be conducted so as not to be detrimental to any person, property or the general welfare by reason of excessive noise or odor.

(d) Nuisance Prohibited. The keeping of the animals described in this subsection shall not constitute a nuisance to persons living in the surrounding area. No person shall allow animals under such person's control or ownership to constitute a nuisance. Notwithstanding anything to the contrary in this ordinance, this subsection shall not be a limitation on, lessen the effect of, or interfere with any other City ordinance pertaining to animals, and the enforcement of it.

(e) Overnight Permitted. Any domestic animal(s) may be boarded overnight provided that such animal(s) shall be confined within the building from the hours of 10:00 pm until 7:00 am.

(Ord. 0-15-4. Passed 2-19-15.)

RESIDENTIAL LAND USES

1264.03 ACCESSORY DWELLING.

An accessory dwelling unit shall be located on the same premises as a single-family dwelling as a permitted use in the Central Business District only. Accessory dwelling units shall be subject to the following conditions and requirements:

(a) Principal Owner. A principal owner of the principal dwelling must reside in either the principal dwelling or the accessory dwelling unit.

(b) Size. The accessory dwelling unit shall not exceed 600 square feet or 40 percent of the floor area of the existing residence, whichever is greater.

(d) Occupancy. The occupancy of the accessory dwelling unit shall be no more than two persons.

(e) Bulk and Setbacks. All zoning district bulk and setback requirements shall apply to the site.

(f) Architectural Review Board Review. Accessory dwelling units shall be reviewed by the Architectural Review Board to ensure compliance to the following standards:

(1) Design. Architectural design, style and appearance of the principal residential building must be maintained;

(2) Consistency. If an addition is proposed as part of the creation of the accessory dwelling unit, the addition must be consistent with the existing facade, roof pitch, building materials and colors and windows of the building;

(3) Access. Access to an attached accessory dwelling unit shall be limited to a common entrance foyer or exterior entrance to be located on the side or rear of the building.

(Ord. 0-15-4. Passed 2-19-15.)

1264.04 MULTI-FAMILY DWELLING.

Multi-family dwellings are subject to the following standards:

(a) Setback Requirements. Multi-family buildings shall have a 10 foot minimum front, side, side street, and rear yard setbacks for building separation.

(b) Proximity to Improved Street. The property shall be within 250 feet of a fully improved public right-of- way and street.

(1) Impact Analysis. A traffic impact analysis that conforms to Chapter 1278 shall be provided for any project including 20 or more dwelling units.

(2) Traffic Control. Traffic controls including signals shall be provided at private roads or at intersections with primary streets if warranted by the traffic impact study.

(d) Recreation/Open Space Areas.

(1) Gross Site Area. Passive or active outdoor recreation areas (including but not limited to seating areas, playgrounds, swimming pools, walking paths, plazas, courtyards, and other recreational elements in accordance with the intended character of the development) and open space areas shall be provided at a ratio of at least 25 percent of the gross site area of the development. These open space areas are in addition to the area of any required yards.

(2) Minimum Area. The minimum area of each recreation/open space area shall be not less than 1,200 square feet.

(3) Depth to Width. The length to width ratio of each area, as measured along the perimeter, shall not exceed 4-to-1.

(4) Access; Location. Such areas shall be centrally and conveniently located to be physically and visibly accessible to residents, and shall not be located within any required yard setbacks or building separations.

(e) Trash. Central facilities for collection and disposal of trash shall be provided, and screened per Chapter 1280.

(f) Sidewalks. Minimum five-foot wide concrete sidewalks shall be provided to connect parking areas, public sidewalks and recreation areas to all building entrances; such sidewalks shall also be provided along collector roads and streets within the development; and streets adjacent to the development.

(g) Density. The maximum density shall not exceed that permitted in the zoning district per Table 4.

(h) Building Design Standards. Apartment buildings shall comply with the following standards:

(1) Building Entrances. Each building shall have at least one entrance door on each street-facing facade to create an appearance that is consistent with a single family character. Entrances to individual units may occur off an interior hallway that is accessed via a front door, or may be located on the side or rear of the building. Interior hallways may also have a secondary entrance on the side or rear of the building.

(2) Architectural Details.

A. Elevations.

1. All building elevations shall consist of a tripartite configuration consisting of a base or foundation; a middle or modulated wall; and a top portion formed by a pitched roof or articulated cornice.

2. All building elevations shall be articulated in a manner to avoid an uninterrupted appearance through the use of windows, doors, offsets or a change in materials.

(3) Garage Orientation. Where multi-family buildings contain attached or detached garages that are accessory to the dwelling unit, no more than 25 percent of all garage doors may be located at or in front of the front building wall, with all other garage doors being located at least 10 feet behind the front building wall of the unit or facing the side or rear of the unit. There is no limitation on the number or orientation of parking areas, garages and any other accessory structure or uses that may be located within the established rear yard, with access provided by an alley or access drive.

(4) Building Materials. The following building materials are permitted for use under this section:

A. Residential-scale brick using non-glazed finishes;

B. Natural stone material;

C. Natural and natural-based wood materials such as exposed logs or timber (excluding T-111 or similar materials);

D. Exterior insulation and finish systems (EIFS)higher than 8 feet above grade;

E. Split-face concrete masonry unit (CMU) on exposed foundations and using colors imbedded into the material;

F. Glass only for windows and doors. Curtain walls are not permitted.

G. Metal cladding for use as roofing material;

H. Vinyl or aluminum;

I. Durable synthetic building materials that convincingly match the appearance of natural building materials, such as concrete siding (e.g. Hardiboard or Hardiplank.); and

J. Roofing materials, such as asphalt and other material accepted by the City.

(5) No less than three and no more than four of the materials listed above may be used on a building.

(6) The majority of the building elevations shall be finished in the natural material color or neutral, earth tones with a single accent color approved by the Planning Commission.

(7) The use of glass, metal and other materials associated with solar energy systems as regulated in Chapter 1276 is permitted subject to Planning Commission review and approval.

(i) Parking.

(1) On-Street Parking. On-street parking spaces on interior streets within the multi-family development are encouraged and shall count towards the minimum parking requirement in Table 12. Parking spaces on streets exterior to the development shall not be counted towards the minimum parking requirement. (see Figure 3 below)

Figure 3. On-Street Parking on Interior Street of Multi-Family Development

(2) Off-Street Parking. Off-street parking areas, in addition to the required minimum parking per dwelling as noted in Table 12, shall be equally distributed throughout the development site to accommodate visitors and additional temporary parking needs.

A. Visitor Parking. In addition to the required minimum parking per dwelling as noted in Table 12, a minimum of 5 percent of the required minimum parking shall be provided for visitor parking. Individual parking lots shall not exceed 5 spaces. The location and number of off-street parking areas shall be approved by the Planning Commission.

(Ord. 0-15-4. Passed 2-19-15.)

1264.05 SINGLE-FAMILY DWELLING, ATTACHED/TWO-FAMILY DWELLING.

(a) Setback Requirements. Attached single-family dwelling unit buildings and two-family dwellings shall have a 10 foot minimum front, side, side street, and rear yard setbacks for building separation.

(b) Individual Entrances Required. All dwelling units shall have entrances that are directly accessible from the exterior of the building. No unit shall gain access from an interior hallway within a building. The primary exterior entrance to all units shall face a street with a connection leading from the roadside sidewalk to the front entrance of the unit. In no case shall a front entrance to a townhouse unit face the rear yard of another dwelling unit or a service area.

(1) Any street-facing façade that is visible from a public right-of-way or private road easement shall include features such as, but not limited to columns, cornices, pediments, articulated bases, and fluted masonry covering a minimum of 10 percent of the exterior wall area.

(2) All single-family attached dwellings and two-family dwellings shall comply with the exterior building material and general appearance requirements applicable to detached single-family dwellings (refer to Section 1264.06).

(d) Front Porch or Stoop Required.

(1) Minimum Square Footage. Each dwelling unit or building subdivision shall have a minimum 30 square feet unenclosed porch or stoop.

(2) Enclosure. The porch or stoop may be covered so long as the area between the top surface of the stoop and the underside of the canopy covering the stoop is at least 75 percent open. For the purpose of calculating the enclosure requirement, the vertical area of any surface or building element intended to enclose the stoop, including screens, shall be subtracted from the total vertical area of the stoop between the floor and the canopy.

(e) Off-Street Parking. For development projects of greater than 20 units, off-street parking areas, in addition to the required minimum parking per dwelling as noted in Table 12, shall be equally distributed throughout the development site to accommodate visitors and additional temporary parking needs.

(1) Number, Size and Location. A minimum of 5 percent of the required minimum parking per Table 12 shall be provided. Individual parking lots shall not exceed 5 spaces. The location and number of off-street parking areas shall be approved by the Planning Commission.

(f) Garages.

(1) Garage Required. Each attached single-family dwelling and two-family dwelling shall have at least 1 parking space in a garage for each dwelling unit.

(2) Width. Garage doors may not comprise more than 35 percent of the width of any façade facing a public or private street.

(3) Setback. Front-facing garage doors may not be located closer to any front street than the front building wall enclosing the first floor living space of the unit to which they are accessory.

(4) Access. Garages are encouraged to be accessed from side or rear facades, particularly when a parcel has side street access.

(Ord. 0-15-4. Passed 2-19-15.)

1264.06 SINGLE-FAMILY DWELLING, DETACHED.

(a) Exterior Building Materials. Exterior building materials shall be primarily natural products or synthetic products that faithfully reproduce the appearance of natural products. Materials not listed are prohibited, unless specifically allowed by the Planning Commission.

Table 7. Building Materials for Detached Single-Family Dwellings

Building Material	Maximum Street Facing Facade Coverage	Maximum Non-Street Facing Facade Coverage
Brick	100%	100%
Concrete block (decorative split face only)	20%	20%
EIFS/Dryvit higher than 8 feet above grade	50%	50%
Siding - vinyl or metal (horizontal)	100%	100%
Siding - vinyl or metal (articulated)	100%	100%
Siding - natural wood, natural-based wood (excluding T-111 or similar materials), cementitious (e.g. Hardiboard or hardiplank) or similar	100%	100%
Stone - cast or natural	100%	100%
Plaster, stucco or similar materials	100%	100%

(b) Appearance. To the greatest extent practical, dwelling units shall conform to the type and outward appearances of the residences in the neighborhood in which it is located.

(1) Width. Garage doors may not comprise more than 60 percent of the width of any façade facing a public or private street.

(2) Access. Garages are encouraged to be accessed from side or rear facades when a parcel has side street access.

(Ord. 0-15-4. Passed 2-19-15.)

1264.07 STATE LICENSED RESIDENTIAL FACILITIES.

(a) State Licensed Residential Facilities. All State Licensed Residential Facilities, except for Type A Family Day Care Homes shall conform to the following requirements:

(1) Compliance. Each residential facility, before admitting residents, shall have proof of compliance with all applicable local, state and federal standards.

(2) Statement. Before admitting any residents, the residential facility operator shall submit a statement of the nature of the facility. Such statement shall include the number and nature of the residents, the number and type of personnel that will be employed, and the qualifications of the agency operating the facility.

(3) Occupancy. No permanent certificate of occupancy will be issued by the City for a facility until the person applying for the facility has submitted a valid license, or other appropriate authorization, or copy thereof, from a governmental agency having jurisdiction.

(4) Appearance. To the greatest extent practical, all facilities shall conform to the type and outward appearances of the residences in the neighborhood in which it is located. All facilities shall comply with all applicable provisions of the Building Codes and National Fire Prevention Code.

(5) Separation. Minimum separation requirements between any other facility shall be 1,500 feet. A facility may be located without consideration to the minimum separation requirements if the facility is separated from other facilities within the area of the aforesaid minimum separation requirement by a substantial natural or man-made physical barrier, including, but not limited to, an arterial street, a state or federal highway, railroad tracks, river or commercial/business district.

(b) Type A Family Day Care Homes shall conform to the following requirements:

(1) Compliance. Each residential facility, before admitting residents, shall have proof of compliance with all applicable local, state and federal standards.

(2) Separation Requirements. No such day care home may be located less than 1,500 feet from any other state licensed residential facility, as measured between the nearest points on the property lines of the lots in question. The Planning Commission may permit a smaller separation between such facilities upon determining that such action will not result in an excessive concentration of such facilities in a single neighborhood, or in the City overall.

(3) Access. Adequate areas shall be provided for employee and resident parking, and pick-up and drop-off of children, in a manner that allows maneuvers without affecting traffic flow on the public street.

(4) Play Area. All day care homes shall provide a fenced, contiguous outdoor play area in the rear yard area of the day care home premises, with a minimum area of equal to 150 square feet per child at the maximum licensed capacity of the day care home.

(5) Hours of Operation. The day care home shall operate a maximum of 16 hours per day.

(Ord. 0-15-4. Passed 2-19-15.)

COMMUNITY, CIVIC AND INSTITUTIONAL USES

1264.08 BANK OR FINANCIAL INSTITUTION WITH DRIVE THROUGH.

Drive-through facilities, as an accessory use to financial institutions, including banks, credit unions, and savings and loan associations, shall be subject to the following criteria which shall be met as a condition of site plan approval:

(a) Streetscape Impact. The site development shall locate vehicle parking, outdoor apparatus and drive-through facilities behind the principal structure and away from public streets to the maximum extent feasible. Automatic teller machines which are attached to the principal structure may be located on any side of the principal structure, however.

(b) Integral Part. Drive-through facilities (including structures, stacking lanes, and maneuvering lanes) shall be designed to be an integral part the overall design of the principal building.

(c) Screening. Any drive-through facility shall be fully screened from any residentially zoned district by means of a buffer, wall, or architectural feature.

(d) Traffic Safety And Circulation.

(1) Stacking. The use shall have adequate off-street vehicle stacking area for drive-through function at peak times.

(2) Traffic Impact Analysis. A traffic impact analysis that conforms to Chapter 1278 shall be provided.

(3) Circulation. Circulation for drive-through facilities shall not interfere with public alleys or parking lots.

(Ord. 0-15-4. Passed 2-19-15.)

1264.09 BAR OR TAVERN.

(a) Food Sales. Food sales shall be in accordance with the rules of the Ohio Liquor Control Commission.

(b) Separation. Such establishments shall be located at least 1,000 feet from all child care centers, schools, parks and adult uses or sexually-oriented businesses.

(c) Screening consisting of buffer strip that conforms to applicable requirements in Chapter 1280 shall be required on all side and rear lot lines abutting a residential district or use.

(Ord. 0-15-4. Passed 2-19-15.)

1264.10 BED AND BREAKFASTS.

Persons wishing to operate a Bed-and-Breakfast shall first obtain a zoning certificate and occupancy permit. Bed-and-Breakfasts shall conform to the following limitations, restrictions and regulations to qualify for and maintain a zoning certificate and occupancy permit:

(a) Location. Bed-and-Breakfasts shall be permitted only in owner-occupied residences which are located within the Olde Springboro Historic Preservation District, or which are listed on the National Register of Historic Places, or which have been officially designated as a Landmark by action of the City Council of Springboro pursuant to Chapter 1228.

(b) Health and Safety Codes. Buildings and premises which include a Bed-and-Breakfast shall consistently maintain compliance with all building, fire, electrical, sanitation and other applicable health and safety codes.

(1) A minimum of one 9 foot by 18 foot off-street parking space, paved with concrete or asphalt, shall be provided for each sleeping room available for rent. Such spaces shall be in addition to two off-street spaces to be reserved for the owner of the premises, which may be within a garage or carport. No more than two vehicles may be stacked to meet these off-street parking requirements, regardless of whether the spaces are indoors or outdoors. Parking facilities for guests may not be located in the front yard of the premises.

(2) Off-street parking facilities which permit parking of more than four vehicles outdoors shall be screened from abutting residential land uses by a dense evergreen hedge, fence, mound, or combination thereof, at least 4 feet in height measured from the level of the nearest edge of the parking surface. Plans for new parking facilities and/or required screening shall be approved by the Architectural Review Board pursuant to Section 1230.07, as a change to a protected property.

(d) Duration. No Bed-and-Breakfast shall rent to the same guest for more than 14 days in any 30 day period.

(e) Exterior Appearance. The establishment and operation of a Bed-and-Breakfast shall not result in any change in the exterior appearance of the building or premises, except for the addition of 1) parking facilities, 2) screening, and 3) signs complying with Chapter 1281.

(f) Inspection. The City zoning inspector and other code enforcement officials having jurisdiction shall be permitted to enter and inspect the premises at all reasonable times to assure compliance with this section.

(Ord. 0-15-4. Passed 2-19-15.)

1264.11 DAY CARE CENTER (INCLUDING PRE-SCHOOL).

The following regulations shall apply to day care centers (including pre-school):

(a) Licensing. In accordance with applicable state laws, all day care centers shall be registered with or licensed by the State of Ohio, and shall comply with the minimum standards outlined for such facilities.

(b) Outdoor Play Area.

(1) A minimum of 150 square feet of outdoor play area shall be provided, and maintained per child, provided that the overall area of the play area shall not be less than 5,000 square feet. The outdoor play area shall be suitably fenced and secured as determined by the Planning Commission.

(2) Outdoor play areas accessory to a day care center shall be screened from abutting residentially zoned or used land by a buffer, which shall be landscaped in accordance with Chapter 1280, Landscaping.

(1) Adequate areas shall be provided for employee parking, and pick-up and drop-off of children or adults, in a manner that minimizes pedestrian-vehicle conflicts, and allows maneuvers without affecting traffic flow on the public street.

(2) All day care centers shall have access to a public street. Vehicle access from these uses to local streets shall be limited to secondary access where necessary for health and safety purposes.

(d) Separation Requirements. New day care centers shall be located a minimum of 1,500 feet from any state licensed residential facility, as measured between the nearest points on the property lines of the lots in question. The Planning Commission may permit a smaller separation between such facilities upon determining that such action will not result in an excessive concentration of such facilities in a single neighborhood, or in the City overall.

(e) Hours of Operation. Day care centers in residential districts or accessory to a residential use shall operate a maximum of 16 hours per day.

(Ord. 0-15-4. Passed 2-19-15.)

1264.12 CULTURAL, MUNICIPAL OR PUBLIC USE.

(a) R-1, R-2 District. Government building(s) located in any R-1, or R-2 District shall comply with the following requirements:

(1) Minimum Lot Area. The minimum lot area shall be 1.5 acres.

(2) Character. All such buildings shall be in character with the surrounding residential area.

(3) Outdoor Storage Prohibited. Outdoor storage of material and vehicles is prohibited in all zoning districts.

(Ord. 0-15-4. Passed 2-19-15.)

1264.13 GARDEN CENTER.

Garden Centers shall conform to the same standards as Greenhouses and Plant Nurseries. Refer to Section 1264.01.

(Ord. 0-15-4. Passed 2-19-15.)

1264.14 GOLF COURSES.

Golf courses, which may or may not be operated for profit, subject to the following conditions:

(a) Setbacks. All principal or accessory buildings shall be set back a minimum of 200 feet from any property line abutting residentially zoned lands. EXCEPTION: where topographic conditions are such that buildings would be screened from view, the planning commission may approve a modification to require a lesser setback.

(b) Relationship to Adjacent Residential Districts. Development features, including the principal and accessory buildings and structures, shall be located and related to minimize any potential adverse effects on adjacent property.

(Ord. 0-15-4. Passed 2-19-15.)

1264.15 HOSPITAL.

The following additional regulations shall apply to hospital:

(a) Site Area. The site shall have a minimum area of 5 acres, and shall not be a lot of record.

(b) Setbacks. The minimum setback for any principal or accessory structure shall be 40 feet for all two-story structures. The minimum setback shall be increased by 10 feet for every story above two.

(c) Building Height. Buildings of greater than the maximum height allowed in the subject zoning district may be allowed provided front, side and rear yards are increased above the minimum required yards by 1foot for each foot of building height that exceeds the maximum height allowed.

(d) Parking Lot Screening. Off-street parking shall be prohibited in the front setback area and within 10 feet of the rear or side property lines. In the case any off-street parking area abuts a lot in any residential district, a wall or buffer shall be provided as per Chapter 1280.

(e) Service Areas. Ambulance and emergency entrance areas shall be screened from view from adjacent residences by the building design or by a masonry wall.

(f) State and Federal Law. Hospitals shall be constructed, maintained, and operated in conformance with applicable state and federal laws.

(Ord. 0-15-4. Passed 2-19-15.)

1264.16 HOTEL, MOTEL OR INN.

(a) Access. Secondary building entrances and exterior room entrances shall not face a residential district or use.

(b) Minimum Unit Size. The minimum unit size shall be in accordance with the Ohio Building Codes.

(c) County and State Requirements. Written approval of the County Health Officer, containing necessary requirements for maintaining health standards shall be filed with the City before a zoning certificate is issued. No permit shall be issued until the application conforms with an approved site development plan and with the requirements of the County Health Officer and the State Fire Marshal. (Ord. 0-15-4. Passed 2-19-15.)

1264.17 HUMAN CARE INSTITUTION.

Institutions for human medical care, convalescent homes, nursing homes, and homes for the aged are subject to the following:

(a) Setbacks. The principal building and all accessory buildings shall be setback a minimum distance of 30 feet from all property lines.

(b) State and Federal Laws. Such facilities shall be constructed, maintained, and operated in conformance with applicable state and federal laws.

(c) Outdoor Open Space. Such facility shall provide a minimum of 150 square feet of outdoor open space for every bed used or intended to be used. Such space shall have a total minimum area of not less than 3,000 square feet. The open space shall be landscaped and shall include places for walking and sitting. Off-street parking areas, driveways, and accessory uses or areas shall not be counted as required open space.

(d) Other Review Considerations. Proposed homes for the aged shall be evaluated in terms of their convenience and/or accessibility by residents to various commercial, office and service facilities. Consideration shall be given to the type of facilities proposed, resident needs, effective proximity to service facilities, and transportation services to these facilities.

(Ord. 0-15-4. Passed 2-19-15.)

1264.18 INSTITUTION FOR HIGHER EDUCATION.

(a) Residential Districts. Where permitted in residential districts, such uses shall comply with the following requirements:

(1) Minimum Lot Area. The minimum lot area shall be 3 acres.

(2) Property Line Setbacks. All structures and activity areas, except off-street parking area, shall be located at least 100 feet from all property lines.

(Ord. 0-15-4. Passed 2-19-15.)

1264.19 DRIVE-IN/DRIVE-THROUGH FACILITIES (OTHER THAN A RESTAURANT OR FINANCIAL INSTITUTION).

Any use or building other than a restaurant or bank or financial institution that contains a drive-in or drive-through facility that is designed to provide service to a patron who remains in their car shall comply with the requirements of this Section. These requirements are intended to support, enhance, and create a high quality public realm; to support and enhance the pedestrian environment and pedestrian connections; and to encourage development that fits well with and improves its existing or planned context.

(a) Streetscape Impact. The site development shall locate vehicle parking, outdoor apparatus and drive-in or drive-through facilities behind the principal structure and away from public streets to the maximum extent feasible.

(b) Building Design. Drive in/Drive-through uses must be built as an integral architectural element of the primary structure and use. Building materials shall be the same as those used in the primary structure. Drive-In/Drive-through facilities and structures separate from the primary structure are prohibited.

(c) Screening. Any drive-through facility shall be fully screened from any residentially zoned district by means of a buffer, wall, or architectural feature.

(d) Traffic Impact Analysis. A traffic impact analysis that conforms to Chapter 1278 shall be provided.

(e) Stacking.

(1) Location. Stacking lanes shall not be located between the building and a street, and may not be located in a required front yard.

(2) Circulation. Stacking lanes shall not impede maneuvering or travel lanes on or off-site.

(3) Evidence. There is no minimum stacking requirement, however, the applicant must submit evidence that the proposed number of stacking spaces provided in stacking lanes will be adequate to serve the anticipated traffic. Such evidence may include anticipated number of cars per hour, average service time per car, or other applicable information.

(f) Headlight Glare. Drive In/Drive-through uses shall be configured and screened such that glare from the headlights of vehicles waiting in the stacking lane is obstructed from shining into a public right-of-way or neighboring residential use.

(Ord. 0-15-4. Passed 2-19-15.)

1264.20 PET DAY CARE FACILITY.

A pet day care facility is a business for the temporary boarding and care of common household pets during daytime hours only. Pet day care facilities may provide related services such as grooming or training, but no animals may be bred or sold at a pet day care facility unless the pet day care facility is accessory to a principal retail use. Pet day care facilities are subject to the following requirements:

(a) Vehicular Circulation. On-site vehicular circulation shall be configured to accommodate vehicles within the boundaries of the site. In no case shall vehicles awaiting drop-off or pick-up of a pet be allowed to encroach onto a public or private street.

(b) Odors. Pet day care facilities shall be constructed, maintained, and operated so that the sounds and smell of animals cannot be discerned outside of the building. Outdoor runs shall be maintained so that no odors are discernible from adjacent properties.

(c) Outdoor Runs. Outdoor runs where pets will be permitted either on or off-leash shall be set back a minimum of 100 feet from any adjacent residentially zoned or used land. The 100 foot setback notwithstanding, outdoor runs shall be located as far as practicable from any adjacent residential zoning district. Any outdoor runs where pets will be permitted off-leash shall be surrounded by a minimum 54-inch tall fence. If the fence will be visible from any adjacent residential district or road right-of-way, the fence shall be decorative in nature.

(d) Landscaping. The Planning Commission may require a landscaped buffer or solid wall to be provided between the outdoor run and any adjacent district if the location of the proposed outdoor run could negatively impact adjacent land.

(Ord. 0-15-4. Passed 2-19-15.)

1264.21 PLACES OF WORSHIP.

(a) Height. The maximum height of the principal building may be permitted to exceed the maximum height requirements of the district provided that the minimum required front, side, and rear yard setbacks shall be increased to equal the height of the building wall abutting each yard. The highest point of chimneys, spires, cupolas, domes and towers may be erected to a height not exceeding twice the height of the building, provided that no such structure shall occupy a total area greater than 20 percent of the roof area of the building.

(b) Screening. Screening shall be provided in accordance with Chapter 1280 of this Ordinance where the site abuts a residential district or use.

(c) Accessory Facilities. Accessory facilities such as rental, fellowship or social halls, gymnasiums or recreation facilities, and other similar uses incidental to the primary use shall be permitted, subject to the requirements of this Ordinance.

(d) Traffic Impact Analysis. The City may require a traffic impact analysis that conforms to Chapter 1278.

(Ord. 0-15-4. Passed 2-19-15.)

COMMERCIAL, OFFICE AND SERVICE USES

1264.22 RECREATION, COMMERCIAL INDOOR.

Indoor recreation facilities, such as, but not limited to, bowling establishments, billiard halls, indoor archery ranges, indoor tennis courts, indoor skating rinks, gymnastics studios, dance instruction studios, arcades, and similar indoor recreation uses shall comply with the following regulations:

(a) Property Line Setback. Indoor recreation uses shall be set back a minimum of 100 feet from any property line which abuts a parcel used for residential use.

(b) Loitering. The location, design, and operation of an indoor recreation shall not adversely affect the continued use, enjoyment, and development of adjacent properties. In considering this requirement, particular attention shall be focused on the adverse impact resulting from loitering on the premises.

(c) Performance Standards. Commercial indoor recreation uses shall be so operated as to create no significant impact on surrounding properties. Compliance with the performance standards of Chapter 1264 shall constitute an operation with no significant impact. (Ord. 0-15-4. Passed 2-19-15.)

1264.23 RESTAURANT WITH DRIVE THROUGH.

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

(b) Buffering From Residential Districts. Screening shall be provided in accordance with this Ordinance where the site abuts a residential district or use.

(Ord. 0-15-4. Passed 2-19-15.)

1264.24 RETAIL SALES (OUTDOOR) (ACCESSORY TO A PERMITTED USE).

(a) Area Limitation. Accessory outdoor retail sales are the outdoor display or sales of goods that are accessory to a principal use and that do not exceed 20 percent of the indoor sales or display area.

(b) Screening. Areas for outdoor display of merchandise associated with a principal retail sales use may require screening, depending on the nature of the outdoor sales use. The screening requirement shall be determined by the Planning Commission.

(Ord. 0-15-4. Passed 2-19-15.)

1264.25 VEHICLE FUELING STATION.

(a) Lot Area. The minimum lot area shall be 15,000 square feet for vehicle fueling stations. All such facilities shall not be located within 500 feet of places of public assembly.

(b) Traffic Safety and Circulation.

(1) Stacking. The use shall have adequate off-street vehicle stacking area at peak times.

(2) Traffic Impact Analysis. A traffic impact analysis that conforms to Chapter 1278 shall be provided.

(c) Streetscape Impact. For all uses involving fueling stations, the site development shall locate vehicle parking, fueling areas and outdoor apparatus behind the principal structure and away from public streets to the maximum extent feasible.

(d) With Repair Facilities. Vehicle fueling stations with repair facilities shall provide access to such repair facilities from the rear yard only.

(e) Pump Location. All fuel pumps shall be located not less than 15 feet from any lot line.

(Ord. 0-15-4. Passed 2-19-15.)

1264.26 VEHICLE REPAIR, MAJOR AND MINOR.

(a) Lot Area. The minimum lot area shall be 12,000 square feet.

(b) Parking Location. The site plan shall be designed to locate vehicles awaiting or undergoing repair, employee parking, and customer parking behind the building setback line.

(c) Screening. In addition to the screening requirements in Chapter 1280, outdoor storage of vehicles awaiting or undergoing repair shall be screened on all sides by a solid wood fence or brick or stone wall 6feet in height. Such fence or wall shall be maintained in good repair and attractive condition at all times.

(d) Petroleum Containment. Tracking of oil or other petroleum-based substances onto the public right- of-way shall be avoided by proper management of such materials.

(e) Parking Duration. Storage of vehicles overnight at a Minor Vehicle Repair facility is prohibited. Any motor vehicle that is being repaired at a Major Vehicle Repair facility shall not remain on the premises for more than 10 days.

(f) Dismantling Prohibited. No vehicle shall be dismantled unless said vehicle is being repaired inside the garage and said repair shall be accompanied by a repair order showing the description of the automobile, owner and the description of the work required. A valid and current license plate shall be displayed on all vehicles.

(g) Enclosed Building. All activities shall take place inside the building. All lubrication equipment, automobile wash equipment, hoists, and pits shall be enclosed entirely within a building.

(h) Sales and Rentals Prohibited. The sale or rental of vehicles or utility trailers of any kind shall be prohibited. No vehicle parked on the property shall be dismantled for the purposes of selling, bartering, swapping or giving of any part or parts of said vehicle.

(i) Large Vehicles. No trucks with a capacity over one ton, buses, camping trailers, truck or trailers shall be permitted on the property at any time unless the said vehicles are being repaired in the garage.

(j) Trash Containers and Rubbish. There shall be trash containers of sufficient size and capacity to contain any and all wastes generated by the operation of business. The premises shall be devoid of all rubbish, litter, debris, automobile parts, etc.

(k) Parking for Quick Oil Change Facilities. Quick oil change facilities shall provide off-street waiting spaces equal to five (5) times the number of oil change stalls for automobiles awaiting entrance. Each off-street waiting space shall be 10 feet wide by 20 feet long.

(l) Storage or Impounding. Storage or impounding of vehicles at a Minor Vehicle Repair facility is prohibited. Any motor vehicle that is being stored or impounded at a Major Vehicle Repair facility shall not remain on the premises for more than 10 days.

(m) Hours of Operation. In addition to all of the above standards, any vehicle repair facility adjacent to any residential district may only be open between the hours of 7:00 a.m. and 10:00 p.m. (Ord. 0-15-4. Passed 2-19-15.)

1264.27 VEHICLE OR MECHANICAL EQUIPMENT SALES OR RENTAL.

(a) Display Areas.

(1) Front Property Line Setback. Display areas shall be set back a minimum of 10 feet from any front property line.

(2) Residential District Setback. When adjacent to a nonresidential zoning district, display and storage areas shall be set back a minimum of 10 feet from any side or rear property line.

(b) Parking. The site plan shall be designed to locate rental or for sale vehicle or equipment storage, employee parking and customer parking behind the building setback line.

(c) Storage. Storage of rental or for sale vehicles or equipment and employee parking shall be screened from the public street by the method set forth in Chapter 1280.

(Ord. 0-15-4. Passed 2-19-15.)

1264.28 VEHICLE WASH ESTABLISHMENT.

(a) Lot Size. A self-service car wash shall have a minimum lot area of 10,000 square feet. An automatic car wash shall have a minimum lot area of 20,000 square feet.

(b) Adequate Stacking. The site plan shall provide for adequate stacking of vehicles both before washing and during the drying process.

(c) Dripping Water. The facility shall be designed to prevent dripping of water from washed vehicles onto the public street in quantities sufficient to form ice in freezing temperatures, or the facility shall be closed whenever there is a risk of icing. Techniques to avoid drippage may include: lengthy exit drives, traffic "bumps" and drains in exit drives, or automated blowers.

(d) Orientation; Landscaping. Washing bays shall be oriented for the drive-through movement to be parallel to the street, or such bays shall be screened from the public street by the method set forth in Chapter 1280.

(e) Access. Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance for other ingress and egress drives, traffic generated by other buildings or uses, or adjacent or pedestrian crossings. All maneuvering areas and stacking lanes shall be located within the site.

(Ord. 0-15-4. Passed 2-19-15.)

1264.29 VETERINARY HOSPITAL, CLINIC OR OFFICE.

(a) Outdoor Containment Prohibited. No outdoor containment of animals shall be permitted, except in the UVD, Urban Village District.

(b) Sound and Odor Control. All such uses shall be located in a building having adequate soundproofing and odor control.

(c) Boarding. The boarding of animals shall be restricted to allow overnight lodging only as necessary for animals receiving medical attention.

(Ord. 0-15-4. Passed 2-19-15; Ord. O-20-2. Passed 1-2-20.)

INDUSTRIAL USES

1264.30 MANUFACTURING, FABRICATING AND PROCESSING (HEAVY).

Heavy manufacturing and processing activities are permissible only if, in the opinion of the Planning Commission, adequate conditions exist or can be imposed that will make such uses compatible with the purposes of this ordinance and will minimize impacts on residential neighborhoods. Compliance with the performance standards of Chapter 1274 shall be the minimum threshold for compatibility with neighboring residential uses.

(Ord. 0-15-4. Passed 2-19-15.)

ACCESSORY, TEMPORARY AND OTHER USES

1264.31 FARMER’S MARKET.

Farmer's markets (Section 1290.02(a)(38)) up to 400 square feet in gross area, shall be permitted as a temporary use, subject to the following:

(a) Setback from Road. The market shall be located a minimum of 50 feet from the nearest road right of way.

(b) Parking. A minimum of one parking space shall be provided outside of the road right-of-way for each 100 square feet of area dedicated to the market or stand.

(c) Signs. All signs used in connection with the use shall be temporary, and shall be removed when the market is not operating. All signs shall comply with the requirements of Chapter 1281.

(d) Portable, Removal. Such markets shall be portable, and shall be removed from their location when not in use.

(Ord. 0-15-4. Passed 2-19-15.)

1264.32 ROADSIDE STANDS.

Roadside stands (Section 1290.02(a)(91))up to 400 square feet in gross area, shall be permitted as a temporary use, subject to the following:

(a) Setback from Road. The market or stand shall be located a minimum of 10 feet from the nearest road right of way.

(b) Signs. All signs used in connection with the use shall be temporary, and shall be removed when the market or stand is not in use. All signs shall comply with the requirements of Chapter 1281.

(d) On-Site. All produce or products for sale at a roadside stand shall be grown, produced, or made from produce grown or material produced on the property where the roadside stand is located.

(Ord. 0-15-4. Passed 2-19-15.)

1264.33 HOME OCCUPATIONS.

(a) Residents. Only the residents of the dwelling unit shall be engaged in the home occupation.

(b) Accessory to Principal Use. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants. Not more than 25 percent of the floor area of the dwelling unit shall be used in connection with the home occupation or for storage purposes in connection with the home occupation.

(c) Exterior. 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 the placement of one sign on the dwelling in accordance with Section 1281.04(e).

(d) Accessory Building. No home occupation shall be conducted in any accessory building.

(e) Performance Standards. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(f) Outdoor Display or Storage. No outdoor display or storage of materials, goods, supplies, or equipment used in the home occupation shall be permitted on the premises.

(g) Utility Use. No home occupation shall cause an increase in the use of any utility (water, sewer, electricity, trash removal, etc.)that would exceed the average usage by residences in the neighborhood.

(h) Traffic. No traffic shall be generated by such home occupation in a greater volume than would normally be expected in a residential neighborhood. Any need for parking generated by the conduct of such home occupation shall be off-street and shall not be located in a required front yard.

(i) Deliveries. There shall be no deliveries to or from a home occupation with a vehicle larger than a 15,000 pound truck with not more than two axles.

(j) Prohibited. Certain uses by the nature of their operation, have pronounced tendency to increase in intensity beyond the limits permitted for home occupations, thereby impairing the reasonable use and value of surrounding residential properties. Therefore, the following uses shall not be permitted as home occupations:

(1) Hospitals And Medical Clinics;

(2) Nursing Homes,

(3) Mortuaries,

(4) Funeral Homes,

(5) Tea Rooms,

(6) Antique Shops,

(7) Bed-And-Breakfast,

(8) Restaurants,

(9) Private Clubs,

(10) Veterinary Hospitals, Clinics, or Offices,

(11) Commercial Kennels,

(12) Major and Minor Vehicle Repair Facilities,

(13) Landscape Installation And Maintenance Businesses,

(14) Snow Removal Businesses,

(15) Construction Contractors,

(16) Adult entertainment uses and sexually oriented businesses,

(17) Trailer Rentals, and

(18) Repair Shops In General.

(19) Uses similar to the above listed use which would, in the determination of the Zoning Inspector, result in nuisance factors as defined by this ordinance. (Ord. 0-15-4. Passed 2-19-15; Ord. O-21-6. Passed 6-17-21.)

1264.34 INDUSTRIAL MINERAL EXTRACTION.

The extraction, storage and processing of industrial minerals such as clay, sand and gravel shall be conducted in accordance with the requirements of the Ohio Department of Natural Resources, Division of Mineral Resources Management (DMRM) under the regulatory provisions of Chapter 1514 of the Ohio Revised Code.

(Ord. 0-15-4. Passed 2-19-15.)

1264.35 OUTDOOR DINING.

Outdoor dining and table service, including but not limited to patios and sidewalk cafes, are subject to the following requirements:

(a) Accessory. The sales and service of food outdoors shall be incidental to a similar principal use indoors and adjacent to that principal use.

(b) Obstructions. Outdoor dining areas shall not obstruct the entrance to any building or sidewalk. If outdoor dining areas are located on a sidewalk in front of a building, a minimum five foot wide clear pedestrian travel way shall be maintained on the sidewalk or pathway.

(c) Other Food Service Providers. Temporary, manufactured or free standing food service providers are not considered outdoor dining uses.

(d) Safety. The outside table service shall be located in a manner which will not interfere with visibility, vehicular or pedestrian mobility or access to City or public utility facilities. The determination of whether the outside table service (or any part thereof) interferes shall be made by the Zoning Inspector at the time of application based on the characteristics of each proposed site.

(e) Barriers. The height of any barrier or installed landscaping shall not exceed 3.5 feet.

(f) (Reserved)

(g) Disabled. Services must be readily accessible to and useable by individuals with disabilities. (Ord. 0-15-4. Passed 2-19-15; Ord. O-21-6. Passed 6-17-21.)

1264.36 OUTDOOR STORAGE (ACCESSORY TO A PRINCIPAL USE).

(a) Area. The total outdoor storage area shall not exceed 20 percent of the gross floor area of the building to which it is accessory.

(b) Location. Outdoor storage shall be permitted only as an accessory use to the principal permitted use only in the rear or side yards of the property, and shall be set back a minimum of 10 feet from any property line or the setback applicable to the principal building, whichever is greater.

(c) Screening. All outdoor storage areas shall be screened on all sides by a masonry obscuring wall similar in appearance to the character of the building. The wall height shall be one foot higher than the material to be screened, but shall not exceed 12 feet.

(d) Height of Materials Being Stored. Materials being stored may have or be stacked to a height one foot below the height of the screening wall. Example: materials may not be stacked higher than 7 feet if the screening wall is 8 feet tall.

(Ord. 0-15-4. Passed 2-19-15.)

1264.37 DONATION BOXES.

(a) Accessory Use. A donation box shall be permitted as an accessory use to an established school (public or private) or place of worship.

(b) Location. Donation boxes must be located to the side or rear of the principal building.

(Ord. 0-15-4. Passed 2-19-15.)

1264.38 RESIDENTIAL PORTABLE STORAGE UNITS.

(a) Accessory Use. A residential portable storage unit shall be permitted for a period not to exceed 30 days on a site with an established residence.

(b) Location. Residential portable storage units must be located on a driveway.

(Ord. 0-15-4. Passed 2-19-15.)

1264.39 VENDING MACHINES.

(a) Vending machines shall be located inside of a building to which they are accessory

(b) Vending machines normally incidental to a gas station, such as a propane dispensary or air pump, but not food or beverage sales, are except from this standard.

(Ord. 0-15-4. Passed 2-19-15.)

1264.40 PERSONAL WIRELESS SERVICE FACILITIES.

The purpose of this section is to establish standards and procedures for the development of a high quality wireless telecommunications system to serve the residents of the City of Springboro (the "City") and to regulate the placement, construction and maintenance of personal wireless service facilities in accordance with the City's stated land use objectives and policies for such facilities, Title VII Section 713 of the Ohio Revised Code and the provisions of the National Wireless Siting Policy as set forth in Title 47 U.S.C. 332(c)(7). This section shall apply to all personal wireless service facilities proposed to be established in the City, including, without limitation, such facilities as are proposed by an Ohio-certified public utility. Single user towers for television reception or for citizens band or short wave reception and/or transmission are not subject to the provisions of this section.

(a) Definitions.

(1) "Antenna" means a structure or device used to transmit or receive electromagnetic waves for voice, data or video communications, including but not limited to, directional, panel-type Antennas, disk-type Antennas and omnidirectional/whip-type Antennas. Personal satellite dish Antennas are excluded from the scope of this section.

(2) "Co-location" means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.

(3) "Commercial Mobile Services" means any mobile service (as defined in Title 47 U.S.C. §153(n)) that is provided for profit and makes interconnected service available (i) to the public or (ii) to such classes of eligible users as to be effectively available to a substantial portion of the public, as specified by the regulations of the Federal Communications Commission.

(4) "Equipment Shelter" means a structure installed as a part of a PWS Facility for the storage, protection and security of communications equipment associated with one or more Antennas and shall include, but not be limited to, free-standing buildings and equipment cabinets.

(5) "Existing Support Structure" means any existing or proposed free-standing, man-made structure capable of supporting Antennas, including but not limited to church steeples, buildings, water tanks, smoke stacks, signs, billboards, trees, roof tops, traffic lights, clock towers, silos, utility poles or similar structures used primarily to support electric or telephone service lines, or other tall non-tower structures.

(6) "Existing Tower" means any tower existing within or outside the City on the effective date of this section.

(7) "FAA" means the Federal Aviation Administration and any legally appointed, designated or elected agent or successor.

(8) "FCC" means the Federal Communications Commission and any legally appointed, designated or elected agent or successor.

(9) "Interconnected Service" means service that is interconnected with the public switched network.

(10) "Modification" means any change to, addition to, deletion from or replacement of any PWS Facility, including but not limited to a change to, addition to, deletion from or replacement of any tower or antenna.

(11) "Monopole" means a support structure constructed to a single, self- supporting hollow metal tube securely anchored to a foundation.

(12) "Person" means any natural person, firm, partnership, association, corporation, or other legal entity, private or public, whether for profit or not-for-profit.

(13) "Personal Wireless Services (PWS)" means the provision of personal wireless services by commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, which services are regulated by the Federal Communication Commission, including but not limited to, radio and television transmission, microwave, commercial mobile, common carrier, cellular telephone and personal communications services.

(14) "Personal Wireless Services Facility" means a facility for the provision of Personal Wireless Services including Antennas, supporting masts, towers and other antenna support structures and associated telecommunications equipment cabinets and/or buildings.

(15) "Personal Wireless Service Provider" means a provider of personal wireless services pursuant to a license issued by the Federal Communication Zoning Inspector.

(16) "Site Compound" means a fenced area with minimum dimensions of 50 feet by 50 feet, which area encompasses all structures installed on a site as a part of a PWS Facility.

(17) "Tower" means a structure over 35 feet in height designed to support, or capable of supporting, one or more Antennas, including self-supporting lattice or monopole towers, but specifically excluding Existing Support Structures and any support structure including attachments of 65 feet or less in height that is owned and operated by an amateur radio operator licensed by the Federal Communications Commission, and used exclusively for amateur radio purposes.

(18) "Tower Height" means the vertical distance measured from the average grade at the base of the tower or its foundation to the highest point of the tower including any Antennas which extend above the top of the tower. Grade shall be determined as the elevation of the existing or natural topography of the ground level prior to construction of the tower.

(19) "Unlicensed Wireless Service" means the offering of telecommunication services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services (as defined by Title 47 U.S.C. § 303(v)).

(b) Co-location.

(1) In an effort to avoid the proliferation of PWS Facilities in the City, the City hereby establishes a clear policy in favor of co-location. Each tower proposed as a part of a PWS Facility shall be designed to accommodate a minimum of three (3) Personal Wireless Service providers. Each Personal Wireless Service Provider shall make space available on the tower to federal, state and local emergency service providers as requested at no charge where technologically feasible.

(2) Following the issuance of an approval of a Zoning Certificate for a PWS Facility, and prior to the issuance of a building permit for the construction of a tower, the Applicant shall enter into a written agreement with the City committing to make the approved tower available to additional users. The willful and knowing misrepresentation and the subsequent failure of the Applicant to construct the tower and act in accordance with the approval, the signed co-location agreement and the City's co-location policy is unlawful and shall, among other remedies of the City, including the revocation of the Zoning Certificate, and shall be cause for the withholding of future permits for similar facilities and PWS Facilities within the City. The Applicant shall agree to make its tower available to other PWS providers on reasonable terms and conditions.

(3) A PWS provider who is denied access to a PWS Facility tower previously approved under this section, may petition the Zoning Inspector to review its request to use the existing PWS Facility tower. The Zoning Inspector may hold a hearing, at which all parties shall appear, to determine whether the requested co-location is technically, legally and economically feasible and to determine if the permittee is in breach of its agreement with the City to permit such co-location. Upon finding that co-location on an existing PWS Facility tower is technically, legally and economically feasible and/or upon a finding that the permittee is in breach of its co-location agreement, the Zoning Inspector may act in accordance with the remedies set forth in Section 1264.40 above. All costs associated with the Zoning Inspector's review and mediation of co-location disputes shall be shared equally by the petitioner and the permittee.

(c) Prohibited Areas for New Towers. New PWS towers shall not be located within a Residential District nor within plain view of the Historic Preservation District.

(d) Application for Co-location or Establishment of PWS Facility. It is preferred that all Applicants desiring to establish PWS Facilities within the City utilize Existing Towers or Existing Support Structures. The Zoning Inspector, in accordance with the procedures and standards set forth below, shall have the authority to grant Zoning Certificates for the establishment of PWS Facilities. Where the standards and/or requirements of this section conflict with the other provisions of the Codified Ordinances, the specific requirements of this section shall control.

(1) General procedure: Preapplication conference. An Applicant proposing the establishment of a PWS Facility is encouraged to schedule a preapplication conference with the Zoning Inspector or his designee to discuss the nature and proposed location of the PWS Facility. The preapplication conference is intended to facilitate the filing and consideration of a complete Application, discuss the needs of the Applicant, evaluate the impact of the proposed facility on adjacent property and neighborhoods, discuss possibilities of co-location, identify alternative suitable sites that may minimize the negative impact on residential areas or areas of historical significance, and clarify the Application process and requirements. No representation made by the Zoning Inspector, his designee, or any other City official during the preapplication conference shall be binding upon the City with respect to the Application subsequently submitted.

(2) Application requirements. Any person owning property in the City or having an interest in property together with a PWS provider may file an Application with the Zoning Inspector for a Zoning Certificate to establish a PWS Facility. An Application for a variance from the provisions and requirements of this section may be filed as specified in Chapter 1285 of the Zoning Ordinance in conjunction with the Application for a Zoning Certificate. However, a decision by the Board of Zoning Appeals to grant the requested variance shall be made before the Zoning Inspector approves the Application for Zoning Certificate.

A. Application requirements for co-location. An Application for co-location on an existing PWS Facility previously approved by the Zoning Inspector pursuant to this section, or on an Existing Tower, or an Application for the establishment of a PWS Facility on an Existing Support Structure shall include the following information:

1. Name and address of the property owner and the Applicant, if not the owner. If the Applicant will not operate the PWS Facility, the Applicant shall supply the name of the person(s) who will operate the PWS Facility.

2. A list of PWS Providers or other communications entities currently using the existing PWS Facility.

3. Three (3) copies of a site plan drawn to a scale as the Zoning Inspector shall, by rule, require indicating the following:

a. The location of existing improvements, as approved by the Zoning Inspector;

b. The location of all proposed equipment shelters, Antennas and other related equipment and facilities;

c. A statement as to the type of additional vegetation, fencing and/or landscaping that will be utilized to screen any new equipment shelter from adjacent properties and the location of such vegetation, fencing and landscaping;

d. The location of Antennas on the Existing Support Structure, and equipment shelters, including a colored rendering illustrating the architectural treatment proposed for the equipment shelter, Antennas and other equipment associated with the PWS Facility so that they blend into existing and/or proposed architectural and aesthetic character of the site and the City overall;

4. A copy of the Applicant's FCC license to operate the proposed facility.

5. A statement from a qualified professional Radio Frequency (RF) Engineer certifying that proposed PWS Facility on an Existing Support Structure, or on an Existing Tower or the co-location on the previously approved PWS Facility, as the case may be, will operate at levels within the standards adopted by the FCC with respect to RF emissions. Within 5 days following completion of construction of the approved PWS Facility or the co-location on the Existing Support Structure or on an Existing Tower, the Applicant shall submit a statement from an RF Engineer certifying (i) that the PWS Facility, as constructed, operates at levels within FCC standards and if the PWS Facility is co-located, (ii) that the PWS Facility, and all other PWS Facilities co-located, together, operate at levels within FCC standards.

6. A tower profile drawing showing the location of all existing and proposed Antennas.

7. A coverage map at a scale not smaller than: 1:100,000 feet depicting the extent of coverage anticipated from the proposed facility and the extent of coverage from existing PWS Facilities (towers or existing support structures) surrounding the site proposed in the Application.

8. Such additional information as the Zoning Inspector may, in his sole discretion, require to fully evaluate all potentially significant negative effects of the PWS Facility. The Zoning Inspector may, upon the request of the Applicant, waive the submission of any of the information required by this Section 1264.40, if, in his sole discretion, the Zoning Inspector believes the information is not necessary to make his decision on the Zoning Certificate Application for the co-location on a previously approved PWS Facility, on an Existing Tower, or on an Existing Support Structure.

B. Application requirements for a new tower. An Application for a PWS Facility which will require the development of a new tower shall include the items listed in Section 1264.40. as well as the following information:

1. A report including the following: (i) a map identifying the location of the provider's existing and/or proposed PWS Facilities within the City and within 3 miles of the corporate boundaries of the City, (ii) a narrative description and associated map describing and identifying the provider's existing or anticipated search areas for the siting of future PWS Facilities in the City, and (iii) a summary of the PWS provider's site search methodology specific to the provision of personal wireless service to the City. This summary shall demonstrate that the Applicant has taken local zoning and land use patterns into account in its initial tower layout. As a condition of approval of a Zoning Certificate, the PWS provider shall have a continuing obligation to update and revise this report. Such revisions and updates shall be submitted with each subsequent Application for the establishment of a PWS Facility or upon the request of the Zoning Inspector.

2. A list of permits or licenses from the City or any federal, state or county agency or any other governmental unit or subdivision required for the construction, maintenance and/or operation of the PWS Facility. The Applicant shall also submit with the Application a copy of such permits or licenses, or a statement why such permits or licenses are not available.

3. Three (3) copies of a site plan drawn to such scale as the Zoning Inspector shall require that shows the actual dimensions of the subject property, according to the recorded plat and the site compound, including contour lines at 1-foot intervals; all significant vegetation and other significant natural environmental features on the property; the use, height, location and footprint dimensions of all present and proposed buildings and structures: a sketch of the proposed facility including the antenna configuration and proposed tower; the location of all vehicular entrances to and exits from the property, the location of all off-street parking areas and number of spaces provided therein; the number, type, size and location of all present and proposed signs, any lighting proposed for the Site Compound; and the existing zoning district classification of the property.

4. A statement as to the nature and type of utility and drainage facilities which will be required and provided as a part of the PWS Facility.

5. Architectural Plans for any proposed buildings or structures which will be used as part of the PWS Facility including a colored rendering illustrating the architectural treatment proposed for the equipment shelter, Antennas and other equipment associated with the PWS facility so that they blend into the existing or proposed architectural and aesthetic character of the site and the City overall.

6. A statement from a qualified professional Radio Frequency (RF) Engineer certifying that the proposed PWS Facility will operate at levels within the standards adopted by the FCC with respect to RF Emissions. Within 5 days following completion of construction of the approved PWS Facility, the Applicant shall submit a statement from an RF Engineer certifying (i) that the PWS Facility, as constructed, operates at levels within FCC standards and, if the PWS Facility is co-located, (ii) that the PWS Facility, and all other PWS Facilities co-located, together, operate at levels within FCC standards. This statement shall also include a statement of anticipated RF levels if the tower were used by PWS providers to the fullest extent technologically possible.

7. A complete description of the proposed use of the facility.

8. Statement of necessity for the proposed PWS Facility.

9. Description of the Applicant's site selection process including a complete listing of other sites investigated and an explanation why those sites were rejected in favor of the site proposed in the Application. This description shall also include an explanation of whether placement on publicly-owned property is technologically or otherwise feasible.

10. Description of the Applicant's effort to use Existing Towers or Existing Support Structures within and outside the City corporate limits. This should also include a statement demonstrating all alternatives to construction of a new tower have been exhausted.

11. An analysis of the visual impact of the proposed facility. This analysis shall include a narrative description of visual impact of the facility from a minimum of 6 points, up to a maximum of 10 points around the proposed facility. These points should include sensitive visual receptor areas, (e.g. street intersections; parks; schools, City gateway areas, the nearest residence from which the proposed facility is visible, etc.). Such points shall be no more than 2,000 feet from the proposed site. The Applicant shall produce computer generated photographs of the proposed facility location from these representative points around the site and superimpose the proposed tower on that photograph. The Zoning Inspector reserves the right to require the submission of additional sight line photographs if the Zoning Inspector feels the photographs submitted by the Applicant do not adequately represent sight lines from sensitive visual receptor areas.

12. A copy of the Notice of Proposed Construction filed by the Applicant and a final recommendation from the Federal Aviation Administration (FAA) for the proposed facility. In situations where a PWS facility requires approval of the FAA, proof of such approval must be provided.

13. Statement describing means of access to the facility for utilities and vehicles.

14. A complete description, including manufacturers specifications, of all equipment (tower, building, Antennas, etc.) proposed to be used at the facility. This description shall also include a statement of the technical reasons for the specific design of the facility.

15. A certification by a qualified structural engineer that the tower proposed in the Application will be designed in accordance with the Electronic Industries Association Standard EIA/TIA-222-F "Structural Standards for Steel Antenna Towers and Antenna Support Structures", or its successor, and the standards of the current Ohio Basic Building Codes. To ensure structural integrity, within 45 days of completion of construction of the PWS facility, the Applicant must provide an operational certificate from a licensed, structural engineer that the completed facility complies with the above standards.

16. A schedule of proposed construction and operation of the facility.

17. A list of property owners adjacent to or within 500 feet of the property on which the facility is proposed. The Applicant shall provide written notification to each property owner adjacent to or within 500 feet of the property on which the PWS Facility is proposed to be located. At a minimum, this notice shall provide each property owner with a detailed description of the proposal including a map of the property showing the location of the proposed PWS Facility in relation to the properties of those owners receiving notice of the Application for the PWS Facility.

18. A statement that the proposed tower is no higher than is technologically necessary to achieve its intended purposes.

19. An identification of what person owns the wires that will connect to the PWS facility.

20. Copies of any deeds, easements, or leases necessary or obtained for the functioning of the PWS facility.

21. A statement from an Engineer demonstrating that the proposed facility is engineered to accommodate the maximum amount of future additional users for its proposed height.

22. A noise report demonstrating that the proposed PWS facility will not be a public or private nuisance.

23. An environmental analysis of what impact the proposed PWS facility may have on woodlands, wetlands, ground water, vegetation, trees or animals which currently are located within 1,000 feet of the proposed site. The environmental analysis is to be prepared by an independent, qualified professional normally engaged in preparation of such assessments.

24. An environmental site assessment prepared to the requirements of ASTM 15-27.

25. A non-refundable Application fee pursuant to the City's fee schedule.

26. Such additional information as the Zoning Inspector may, in his sole discretion, require to fully evaluate all potentially significant effects of the PWS Facility.

C. Prior to approval by the Zoning Inspector, the Applicant has the right to amend the Application so as to comply with this section.

(3) Standards for approval of a PWS facility. The Zoning Inspector shall not grant a Zoning Certificate for a PWS Facility unless the Applicant has clearly demonstrated by substantial evidence in the record that it has complied with the standards set forth below. In each case, the Zoning Inspector shall make written findings of fact and conclusions, directly based on and supported by the record presented to it in the Application.

A. Standards for approval for a co-location. For a PWS Facility for co-location or for a PWS Facility on an Existing Tower or on an Existing Support Structure, the Zoning Inspector must find that the Application complies with the following standards:

1. The Applicant has complied with the submission requirements of Section 1264.40. above;

2. The PWS Facility is in compliance with all applicable requirements of the Zoning Ordinance;

3. All Antennas mounted on or within an existing support structure are adequately screened, painted and/or architecturally treated so as to blend into the proposed or existing architectural character of the structure. To the extent possible, equipment associated with PWS Facilities on existing support structures shall be located within the support structure. If a new equipment shelter is included as a part of a PWS Facility, it shall have an appearance consistent with other buildings or structures on the parcel and will preserve the character of the City as a rural neighborhood of homes, green open spaces and farms;

4. The PWS Facility use will have adequate access to utilities and public roads and shall provide adequate space for on-site parking;

5. All exterior lighting fixtures will be designed, directed or shaded so that no direct light is cast upon any other property;

6. The PWS Facility use and its associated uses and structures is adequately landscaped in a manner consistent with the principal and accessory use of the site and the provisions of the Land Use Plan.

7. The PWS Facility complies with the RF Emission Standards adopted by the FCC.

8. The co-location does not result in a substantial increase in the size of the tower, which occurs if:

a. The mounting of the proposed antenna on the tower would increase the existing height of the tower by more than 10 percent, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to avoid interference with existing antennas; or

b. The mounting of the proposed antenna would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable; or

c. The mounting of the proposed antenna would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable; or

d. The mounting of the proposed antenna would involve excavation outside the current tower site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site.

B. Standards for approval for a new tower. A proposed PWS Facility which will require the construction of a new tower shall comply with the standards set forth in Section 1264.40. above and the following additional standards:

1. The area proposed to be serviced by the PWS Facility cannot be adequately addressed by the establishment of a PWS Facility on an existing tower or an existing support structure;

2. The use of an existing tower located either within or outside the City limits, is not technically, structurally, economically and/or financially feasible. The City may deny the Application for a PWS Zoning Certificate if the Applicant has not made a good faith effort to locate the antenna on an existing tower or structure;

3. The proposed facility has adequate capacity to handle the applicant and at least two additional users;

4. No federal, state, or city government land is available for the siting of the proposed PWS Facility.

5. All towers shall be galvanized and/or painted with a rust-preventative paint of an appropriate color such as white, off white, light blue, blue gray, or light gray, in harmony with the natural or built environment of the site and surrounding area, unless required by the FAA to bear a different finish;

6. All obstruction lighting and/or marking required by the FAA shall be approved by the Zoning Inspector at the time the Application is made.

7. All new towers must be of the monopole design unless otherwise approved by variance. Guyed towers are prohibited.

(4) Retention of expert consultant to evaluate an Application. The Zoning Inspector at his discretion, may retain an outside consultant to assist him in his evaluation of the Zoning Certificate Application for a PWS Facility. The cost for such consulting services shall be borne by the Applicant and shall be collected when it is incurred. The Applicant shall not be entitled to a refund of the cost of evaluation.

(5) Review Time Limits for the City to Act.

A. New Towers. The City shall approve or deny an application for a PWS facility within 150 days of receipt of a complete application, unless the FCC requires otherwise.

B. Co-locations. The City shall approve or deny an application for a co-location within 90 days of receipt of a complete application, unless the FCC requires otherwise.

(e) Miscellaneous Provisions.

(1) Parking. If the PWS facility is fully automated, adequate parking shall be required for maintenance workers. All parking specifications and requirements shall be consistent with the applicable parking requirements as established in the Zoning Code.

(2) Landscaping. Each site approved for use as a PWS Facility shall be adequately and continually landscaped to establish visual screening of all structures or equipment associated with the facility and located within the site compound. This landscaped area shall consist of a minimum 10-foot wide landscaped strip around the entire site compound for new tower sites or landscaping consistent with the use principal use of the site for PWS Facilities utilizing existing support structures. At the discretion of the Zoning Inspector, this landscape requirement may be waived for PWS Facilities on existing support structures. The Applicant shall propose a mix of evergreen tree, evergreen shrubs and ground cover to provide adequate screening of all structures and equipment within the site compound, excluding any tower structure but including any fence or wall surrounding the site compound. The landscaping requirement may be varied, at the discretion of the Zoning Inspector as site specific conditions dictate.

(3) Maintenance, abandonment and removal.

A. The owner/operator of an approved PWS Facility shall be responsible for the maintenance of the site compound, associated landscaping, access driveway and any associated areas of the property used as a part of the PWS Facility. All tower finishes shall be maintained free of peeling, rusting, or other unsightly coloration or condition.

B. All providers utilizing towers shall present a report to the City notifying it of any tower facility located within the City whose use will be discontinued and the date this use will cease. Such report shall be filed with the City at least 30 days prior to the cessation date. If at any time the use of the facility is discontinued for 180 days, the Zoning Inspector may declare the facility abandoned. The owner/operator of the facility will receive written notice from the Zoning Inspector and be instructed to either reactivate use of the facility within 180 days, or dismantle and remove the facility. If the reactivation or dismantling does not occur, the City will either remove the facility or will contract to have the facility removed and assess the owner/operator the costs. The City must provide the tower owner 30 days notice and an opportunity to be heard at a Public Hearing before the Board of Zoning Appeals before initiating such action. Such Public Hearing shall follow the 30 day notice. All interested parties shall be allowed an opportunity to be heard at the Public Hearing. After such hearing has been held, the City shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto, or in the alternative, order demolition of the tower and all appurtenances. After a Public Hearing is held, the City may order the abatement or demolition of the tower. The City may require the certificate holder or owner of the facility to pay for all expenses necessary to acquire or demolish the tower.

C. As a condition of the Zoning Inspector's approval of a PWS Facility, the owner of the property upon which the PWS Facility is located shall be required to submit to the Zoning Inspector the owner's covenant to undertake the responsibility and cost for the removal of a PWS Facility, which covenant shall be made enforceable by the City and recorded as a lien against the property. This lien shall be released after removal and final inspection and sign off by the Zoning Inspector or his designee. An Applicant must deposit with the City and for the benefit of the City Council a letter of credit, performance bond, or other security acceptable to the Zoning Inspector in an amount equal to the amount necessary to demolish and remove the facility as determined by the City Engineer. Any such guarantee shall be irrevocable and have an indemnity provision in favor of the City for costs, expenses, and attorney's fees.

(4) Fences and walls. Each PWS Facility requiring the construction of a new tower shall be surrounded by an 8-foot high fence/wall and gate adequate to provide vehicular access to the base of the tower and the equipment shelter. The type, style and the material of the proposed fence/wall shall be approved by the Zoning Inspector as a part of the Zoning Certificate Application process. The fence/wall shall be installed along the perimeter of the site compound. The Zoning Inspector may in his sole discretion impose these fence/wall requirements on PWS Facilities utilizing existing support structures.

(5) Setbacks, fall zones and lot size. Towers associated with a PWS Facility shall be set back from all property lines a distance equal to the height of the tower. To reduce the risk of personal injury or property damage, towers shall be located at least 125 percent of their height from any building, street, bikeway, or pedestrian walkway. All other structures or equipment associated with a PWS Facility must comply with the appropriate setback requirements of the Zoning Ordinance. Fee simple purchases for the lawful erection of the PWS facility need not conform to the minimum lot size requirements of the City Zoning Code, but shall not create a nonconformity for the remaining portion of any lot from which the land for the PWS facility was obtained.

(6) Tower height. No tower shall exceed 160 feet in height. However, the Zoning Inspector may approve a Zoning Certificate for a new tower whose proposed height exceeds 160 feet upon making written findings of fact and conclusions that the additional height allowed will further the City's policy to encourage co-location of PWS Facilities and will not negatively affect safety and aesthetics.

(7) Modifications. Any modification to PWS Facility approved under this section, shall require the submission of a new Zoning Certificate Application in accordance with the provisions and requirements of subsection (d)(2)A hereof. The Zoning Inspector may agree to waive certain submission requirements if, at his discretion, the Zoning Inspector believes such a waiver is justified.

(8) Prohibitions. No PWS Facility tower shall be illuminated in any manner unless such illumination is required by the Federal Aviation Administration (FAA). No PWS tower shall be located within a Residential District. No tower may be located within the plain view of the Historic Preservation District.

(9) Annual report and inspection. A PWS provider operating within the City limits must submit to the City an annual inventory of all PWS facilities owned and operated by the provider in the area. Additionally, each PWS provider must annually certify that any PWS facility within the City limits is being used and by whom that particular facility is being used. The owner of the tower must also annually provide to the City a list of all users of the tower and each user shall provide the City with a copy of each users license with the FCC. The Applicant shall annually have any tower within the City inspected by an Ohio licensed structural engineer and furnish the engineer's report of each such inspection to the City.

(10) Signs. The only signs allowed at a PWS facility shall be emergency information signs, owner contact information signs, warning or safety instructions, and signs required by a federal, state, or local agency. Such signs shall not exceed 5square feet in area per user. All advertising or promotional signs are prohibited.

(11) Underground wiring. Underground wiring to the PWS facility and tower is required.

(12) Anti-climbing devices. All towers must be equipped with anti-climbing devices.

(13) Vehicular access. Vehicular access to the PWS facility shall be via the existing circulation system and be paved with asphalt or concrete. This access road must be at least 10feet in width between the public street and the gate to the fence enclosing the tower and equipment.

(14) Liability insurance. Within 30 days following Zoning Certificate approval and annually thereafter, the Applicant shall provide continuous personal injury and property damage insurance with limits not less than $1,000,000 per claimant, per occurrence, with the City named as an additional insured. Proof of continuous maintenance of such insurance shall be submitted to the City on at least an annual basis.

(15) Renewal fee. On the first anniversary of the Zoning Certificate issuance and annually thereafter, the Applicant shall pay Zoning Certificate renewal fee pursuant to the City's fee schedule to defray the City's cost of reviewing the proofs of insurance and inspection reports, monitoring the appearance of the tower, maintaining the files and responding to citizen inquiries or problems related to the tower.

(16) Building and other permits. Separate building, electrical, plumbing and other permits may be required by the City or other agency for a PWS Facility or site compound as local requirements may prescribe.

(17) Enforcement. Any violation of this section by a certificate holder which continues for more than 30days shall constitute sufficient cause for an order to be issued by the Zoning Inspector requiring removal of the PWS facility and its associated foundation, equipment, enclosure, and access paving. Any person who fails to either abide by such order or remedy the violation within sixty 60 days after actual receipt thereof shall be punishable in accord with the provisions of Chapter 1288 of the Codified Ordinances of Springboro. Any tower which remains in place following the 60 period for remediation set forth above, without full remediation of the violation having been made, is hereby declared to be a public and private nuisance. Such tower may, at the City's option and after notice and hearing, be removed by the City without liability therefore, and the cost of such removal, including but not limited to demolition costs, transportation costs, disposal costs and legal fees and expenses shall be recovered from the certificate holder or for the property owner of record by special assessment against the property, by civil action, by collection of the guarantee required by subsection(3)C hereof, or otherwise in accord with Ohio law generally providing for recovery of the governmental cost of abatement of nuisances.

(18) Severability. Should any part of this Chapter 1264 be found invalid by a court of competent jurisdiction, the remainder shall continue in full force and effect.

(f) Variances. When justified by unusual circumstances, the Board of Zoning Appeals shall have authority to grant variances from the strict application of the provisions of this Chapter 1264 if the objectives of this section are substantially effectuated by such variance.

(g) Denial of Application; Appeal.

(1) The denial of an Application for a Zoning Certificate must be in writing and supported by substantial evidence.

(2) Appeal from refusal by the Zoning Inspector to issue a Zoning Certificate for establishment of a PWS facility shall be made to the Board of Zoning Appeals.

(3) Appeal from any decision of the Board of Zoning Appeals shall be made to the City Council.

(4) Appeal to the courts may be made only after the above administrative appeals have been exhausted.

(Ord. 0-15-4. Passed 2-19-15.)

1264.41 FOOD TRUCKS.

Food trucks, as defined in Chapter 1290, Definitions, shall be permitted as a temporary use, subject to the following:

(a) Location on Site. See Chapter 1263, Permitted Uses by District, for a list of zoning districts where food trucks are permitted. Where a permitted use, food trucks may be located anywhere on a site so long as they (l) do not block access or visibility at driveways or intersections, and (2) do not block access to hydrants, utility boxes, building entrances, or access ways. The site where a food truck is operated must be actively used and not a vacant or unimproved lot. With the exception of the CBD, Central Business District, and UV D, Urban Village District, no food truck shall be located within 150 feet of a permitted residential dwelling.

(b) Location on Street. Where a permitted use, food trucks may be located in the right-of-way where on-street parking is permitted. The sales door and entrance shall be located on the curbside. Food trucks shall not obstruct the pedestrian or bicycle access, the visibility of motorists, nor obstruct parking lot circulation or block access to a public street, alley or sidewalk.

(c) Location in Parks. Food trucks are permitted in parks with the permission of the City of Springboro. A minimum of one parking space shall be provided outside of the road right-of-way for each 100 square feet of area dedicated to the market or stand. Food trucks shall not park on grass without the approval of the City.

(d) Location in Residential Districts. Food trucks shall be permitted in residential districts as follows:

(1) As part of an approved street closure permit application. In such cases the food truck shall comply with subsections (a), (b), (e), (f), and (g) herein. In addition, food trucks (1) shall be operated on an individual property no more than two times in a calendar year, (2) and no food truck may be located within fifty feet of a permitted residential dwelling.

(2) On common property owned and operated by a homeowner's association. In such cases the placement will be without spacing restrictions or restrictions on the number of times on common property per year. The site where a food truck is operated must be actively used and not a vacant or unimproved lot.

(e) Proximity to Restaurants. Food trucks operating on private property or on a street shall be required to maintain a minimum separation of 200 feet from the primmy entrance to, or outdoor eating area of, a restaurant, without the written approval of the restaurant owner.

(f) General Restriction. Food trucks shall not locate upon a public sidewalk within the extended boundaries of a crosswalk or within ten feet of the extension of any building entranceway, doorway or driveway.

(g) Signs. All signs used in connection with the use shall be temporary, and shall be removed when the food truck is not operating, All signs shall comply with the requirements of Chapter 1281.

(h) Portable Removal. Food trucks shall be portable and self-contained. They shall be removed from their location when not in use and open for business. The operator will be responsible for removing all refuse and other wastes from the site.

(i) Permit Required. A permit from the City of Springboro is required to operate a food truck. The permit is good for one calendar year.

(j) Licensure. Food truck operations must at all times while conducting business in the City have a license from the department of health pursuant to R.C. § 3717.43.

(Ord. O-20-13. Passed 7-16-20.)

1264.42 OUTDOOR ENTERTAINMENT.

Outdoor entertainment is subject to the following requirements:

(a) Accessory. Outdoor entertainment shall be accessory to a permitted restaurant, bar or tavern and be adjacent to the principal use.

(b) Noise. The operation of the outdoor entertainment area shall comply with the City's Noise Abatement Ordinance Section 648.10.

(d) Obstructions. Outdoor entertainment areas shall not obstruct the entrance to any building or sidewalk. If outdoor dining areas are located on a sidewalk in front of a building, a minimum 5foot wide clear pedestrian travel way shall be maintained on the sidewalk or pathway.

(e) Safety. The area used for outdoor entertainment shall be located in a manner which will not interfere with visibility, vehicular or pedestrian mobility or access to City or public utility facilities. The determination of whether the outside table service (or any part thereof) interferes shall be made by the Zoning Inspector at the time of application based on the characteristics of each proposed site.

(f) Signs. Signs are not permitted within the outdoor entertainment area.

(g) Screening consisting of buffer strip that conforms to applicable requirements in Chapter 1280 shall be required on all side and rear lot lines abutting a residential district or use. (Ord. 0-15-4. Passed 2-19-15.)

1264.43 SEASONAL SALES.

Seasonal sales shall be permitted as a temporary use subject to the following:

(a) Setback from Road. The seasonal sales operation shall be located a minimum of 50 feet from the nearest road right of way.

(b) Parking. A minimum of one parking space shall be provided outside of the road right-of-way for each 100 square feet of area dedicated to the market or stand.

(c) Signs. All signs used in connection with the use shall be temporary, and shall be removed when the seasonal sales operation ceases. All signs shall comply with the requirements of Chapter 1281.

(d) Storage of Goods and Screening. After the hours of operation all goods shall be stored in a secure area.

(e) Permit Required. A permit from the City of Springboro shall be required to operate a seasonal sales business. The permit shall state the nature of the business, daily hours of operation, period during which the seasonal sales business shall operate and any necessarily approvals from state or county agencies.

(Ord. 0-15-4. Passed 2-19-15.)

1264.44 HOOKAH LOUNGES.

Hookah lounges, where a permitted use, shall operate under the laws of the State of Ohio. In addition the hookah lounge shall operate only during the hours of operation established in its Certificate of Zoning Compliance.

(Ord. 0-15-4. Passed 2-19-15.)

Springboro City Zoning Code

CHAPTER 1264

Development Standards for Specific Uses

1264.01 GREENHOUSES AND PLANT NURSERIES.

(a) Outdoor Storage. Display of trees, plants, produce and other natural products along the frontage of the parcel to emphasize these items and to screen the interior of the parcel.

(b) Parking Location. Vehicle parking in the interior or at the rear of the parcel.

(Ord. 0-15-4. Passed 2-19-15.)

1264.02 KENNEL.

(c) Noise and Odor. Such activity shall be conducted so as not to be detrimental to any person, property or the general welfare by reason of excessive noise or odor.

(e) Overnight Permitted. Any domestic animal(s) may be boarded overnight provided that such animal(s) shall be confined within the building from the hours of 10:00 pm until 7:00 am.

(Ord. 0-15-4. Passed 2-19-15.)

RESIDENTIAL LAND USES

1264.03 ACCESSORY DWELLING.

(a) Principal Owner. A principal owner of the principal dwelling must reside in either the principal dwelling or the accessory dwelling unit.

(b) Size. The accessory dwelling unit shall not exceed 600 square feet or 40 percent of the floor area of the existing residence, whichever is greater.

(d) Occupancy. The occupancy of the accessory dwelling unit shall be no more than two persons.

(e) Bulk and Setbacks. All zoning district bulk and setback requirements shall apply to the site.

(f) Architectural Review Board Review. Accessory dwelling units shall be reviewed by the Architectural Review Board to ensure compliance to the following standards:

(1) Design. Architectural design, style and appearance of the principal residential building must be maintained;

(3) Access. Access to an attached accessory dwelling unit shall be limited to a common entrance foyer or exterior entrance to be located on the side or rear of the building.

(Ord. 0-15-4. Passed 2-19-15.)

1264.04 MULTI-FAMILY DWELLING.

Multi-family dwellings are subject to the following standards:

(a) Setback Requirements. Multi-family buildings shall have a 10 foot minimum front, side, side street, and rear yard setbacks for building separation.

(b) Proximity to Improved Street. The property shall be within 250 feet of a fully improved public right-of- way and street.

(1) Impact Analysis. A traffic impact analysis that conforms to Chapter 1278 shall be provided for any project including 20 or more dwelling units.

(2) Traffic Control. Traffic controls including signals shall be provided at private roads or at intersections with primary streets if warranted by the traffic impact study.

(d) Recreation/Open Space Areas.

(2) Minimum Area. The minimum area of each recreation/open space area shall be not less than 1,200 square feet.

(3) Depth to Width. The length to width ratio of each area, as measured along the perimeter, shall not exceed 4-to-1.

(e) Trash. Central facilities for collection and disposal of trash shall be provided, and screened per Chapter 1280.

(g) Density. The maximum density shall not exceed that permitted in the zoning district per Table 4.

(h) Building Design Standards. Apartment buildings shall comply with the following standards:

(2) Architectural Details.

A. Elevations.

2. All building elevations shall be articulated in a manner to avoid an uninterrupted appearance through the use of windows, doors, offsets or a change in materials.

(4) Building Materials. The following building materials are permitted for use under this section:

A. Residential-scale brick using non-glazed finishes;

B. Natural stone material;

C. Natural and natural-based wood materials such as exposed logs or timber (excluding T-111 or similar materials);

D. Exterior insulation and finish systems (EIFS)higher than 8 feet above grade;

E. Split-face concrete masonry unit (CMU) on exposed foundations and using colors imbedded into the material;

F. Glass only for windows and doors. Curtain walls are not permitted.

G. Metal cladding for use as roofing material;

H. Vinyl or aluminum;

I. Durable synthetic building materials that convincingly match the appearance of natural building materials, such as concrete siding (e.g. Hardiboard or Hardiplank.); and

J. Roofing materials, such as asphalt and other material accepted by the City.

(5) No less than three and no more than four of the materials listed above may be used on a building.

(6) The majority of the building elevations shall be finished in the natural material color or neutral, earth tones with a single accent color approved by the Planning Commission.

(7) The use of glass, metal and other materials associated with solar energy systems as regulated in Chapter 1276 is permitted subject to Planning Commission review and approval.

(i) Parking.

Figure 3. On-Street Parking on Interior Street of Multi-Family Development

(Ord. 0-15-4. Passed 2-19-15.)

1264.05 SINGLE-FAMILY DWELLING, ATTACHED/TWO-FAMILY DWELLING.

(d) Front Porch or Stoop Required.

(1) Minimum Square Footage. Each dwelling unit or building subdivision shall have a minimum 30 square feet unenclosed porch or stoop.

(f) Garages.

(1) Garage Required. Each attached single-family dwelling and two-family dwelling shall have at least 1 parking space in a garage for each dwelling unit.

(2) Width. Garage doors may not comprise more than 35 percent of the width of any façade facing a public or private street.

(3) Setback. Front-facing garage doors may not be located closer to any front street than the front building wall enclosing the first floor living space of the unit to which they are accessory.

(4) Access. Garages are encouraged to be accessed from side or rear facades, particularly when a parcel has side street access.

(Ord. 0-15-4. Passed 2-19-15.)

1264.06 SINGLE-FAMILY DWELLING, DETACHED.

Table 7. Building Materials for Detached Single-Family Dwellings

Building Material	Maximum Street Facing Facade Coverage	Maximum Non-Street Facing Facade Coverage
Brick	100%	100%
Concrete block (decorative split face only)	20%	20%
EIFS/Dryvit higher than 8 feet above grade	50%	50%
Siding - vinyl or metal (horizontal)	100%	100%
Siding - vinyl or metal (articulated)	100%	100%
Siding - natural wood, natural-based wood (excluding T-111 or similar materials), cementitious (e.g. Hardiboard or hardiplank) or similar	100%	100%
Stone - cast or natural	100%	100%
Plaster, stucco or similar materials	100%	100%