Stow City Zoning Code
TITLE NINE
Conditional Uses
1161.01 PURPOSE.
Until recent years, the regulation of all uses of land through zoning has been accomplished by assigning each use to one or more use districts. However, the potentially diverse characteristics and impacts of a number of new and unique uses have fostered the development of regulations designed to accommodate these activities in a reasonable and equitable manner, while safeguarding both the property rights of all individuals and the health, safety, and general welfare of the community. In order to accomplish such a dual objective, provision is made in this zoning code for a more detailed consideration of certain specified activities as it may relate to the proposed conditions of location, design, size, operation, intensity of use, generation of traffic and traffic movement, concentration of population, processes and equipment employed, and amount and kinds of public facilities and services required, together with many other possible factors. Detailed consideration of this information by the Planning Commission and Council is required to ensure that each proposal is consistent with the intent and objectives of the particular district in which it is to be located. Accordingly, conditional use certificates for such uses shall be issued according to the procedures and requirements of Section 1137.04.
(Ord. 2007-222. Passed 1-10-08.)
1161.02 GENERAL STANDARDS FOR ALL CONDITIONAL USES.
A conditional use, and uses accessory to such conditional use, shall be permitted in a district only when specified as a permitted conditional use in such district, or when such use is determined by the Planning Commission and Council to be a similar use, and only if such use conforms to the following standards in addition to any specific conditions, standards and regulations for such category of use set forth in this chapter. Furthermore, the Planning Commission and Council shall review the particular facts and circumstances of each proposed use, or each proposed block use in a C-5 Highway Services District, in terms of the following standards and shall find adequate evidence that:
(a) The conditional use in the proposed location will be harmonious and in accordance with the purpose, intent and basic planning objectives of this Code and the Comprehensive Plan and with the objectives for the district in which located;
(b) The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare;
(c) The conditional use will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not essentially change the character of the same area;
(d) The conditional use will not be hazardous or disturbing to the use and enjoyment of property in the immediate vicinity for the existing and future uses permitted, nor substantially diminish or impair property values within the neighborhood;
(e) The establishment of the conditional use in the proposed location will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
(f) Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;
(g) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets;
(h) The establishment of the conditional use should not be detrimental to the economic welfare of the community by creating excessive additional requirements at public cost for public facilities such as police, fire and schools;
(i) There is minimal potential for future hardship on the conditional use that could result from the proposed use being surrounded by uses permitted by right that may be incompatible;
(j) The design and arrangement of circulation aisles, parking areas, and access drives shall provide for interconnecting circulation among adjacent parcels.
(l) The architectural qualities of the project are compatible with the surrounding structures in terms of roof pitch lines, building materials, and window rhythm, size and spacing as viewed from the street.
(Ord. 2007-222. Passed 1-10-08.)
1163.01 PURPOSE.
In addition to the general criteria established in Section 1161.01 and 1161.02, the following specific conditions pertaining to each use or group of uses shall apply. Nothing in these regulations shall prohibit the Planning Commission and Council from prescribing supplementary conditions and safeguards in addition to these requirements in order to achieve the objectives established in Section 1161.02.
(Ord. 2007-222. Passed 1-10-08.)
1163.02 CONFORMANCE WITH DISTRICT REGULATIONS.
A conditional use, except as otherwise specifically provided in this Title Nine or in the district regulations for the district in which such use is to be located, shall conform to such district regulations, and to other substantive requirements of this Code, as well as satisfying the conditions, standards and requirements of Title Nine. Whenever there is a difference between the provisions of the Conditional Use regulations and the district regulations, the provisions of Title Nine shall prevail.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)
1163.03 SPECIFIC AREA, WIDTH AND YARD REGULATIONS.
Schedule 1163.03 sets forth regulations governing minimum lot area, minimum lot width, and minimum yard dimensions for principal and accessory buildings and parking areas for conditional uses that require lot area, width and yard regulations different from the district regulations. Additional standards and requirements pertaining to such uses are set forth in Sections 1163.04 to 1173.08 and are referenced in Schedule 1163.03.
Schedule 1163.03
AREA, WIDTH AND YARD REGULATIONS FOR CONDITIONAL USES
Min. Yard Dimensions (ft) Buildings(a) Parking | ||||||||
Conditional Use | Min. Lot Area | Min Lot Width (feet) | Front | Side/ Rear | Front | Side/ Rear | See also Section | |
1 | Two-Family in an R-2 District | 24,000 sq. ft. | 135 | 40 | (b) | (b) | (b) | |
2 | Two-Family in R-3 and RB Districts | 18,000 sq. ft. | 120 | 40 | (b) | (b) | (b) | |
3 | Cluster Development | 3 acre | - | - | - | - | - | |
4 | Planned Unit Development | 20 | - | - | - | - | - | |
5 | Planned Residential Development (PRD) | 10 acres | ||||||
6 | Planned Industrial Development | 5 acres | ||||||
7 | Multi-Family in R-2 and R-3 Districts | 2 acres | - | - | - | - | - | |
8 | Multi-Family in C-7 District | 5 acres | - | - | - | - | - | |
9 | Family Home for Persons with Disabilities | (b) | (b) | (b) | (b) | (b) | (b) | |
10 | Lodging Houses, Boarding Houses, other congregate living | 20,000 sq. ft. | 100 | 40 | 15 | 40 | 15 | |
11 | Group Home for Persons with Disabilities | 20,000 sq. ft. | 100 | 40 | 15 | 40 | 15 | |
12 | Nursing Home, Assisted Living; Health Care Center | 4 acres | 200 | 80 | 40 | 80 | 20 | |
13 | Public, Semi-Public Uses, Places of Worship, Libraries, Schools | 1 acre | 120 | 40(c) | 30(c) | 40(c) | 15(c) | |
14 | Child and Adult Day Care Center | 2 acres (c) | 200(c) | 80(c) | 40(c) | 80(c) | 20(c) | |
15 | Parks, Playgrounds and Outdoor Public Recreational Facilities | None | None | 40 | 30 | (b) | (b) | |
16 | Indoor Public and Non-Profit Recreation Facility | 1 acre | 120 | 80(c) | 40(c) | 80(c) | 20(c) | |
17 | Public and Semi-Public Swimming Pool | 1 acre | 120 | 80(c) | 40(c) | 80(c) | 20(c) | |
18 | Golf Courses, Cemetery | None | None | 80 | 40 | 80 | 20 | |
19 | Public Utility Substation | - | - | - | - | - | - | |
20 | Public Administrative Office | (b) | (b) | (b) | (b) | (b) | (b) | - |
21 | Public Safety Facilities | 1 acre (c) | 120(c) | 40(c) | 30(c) | 40(c) | 15(c) | - |
22 | Large Accessory Buildings | 2 acre | - | - | - | - | - | |
23 | Retail establishment, Restaurants (Table Service), Funeral Homes and Studios for Instruction in R-B Districts | 16,000 sq. ft. | 100 | 40 | 10 | 40(d) | 10 | |
24 | Conversion of Residential Structure or New Construction for Business Use | - | - | - | - | - | - | |
25 | Medical Offices | 20,000 sq. ft. | 100 | 40 | 10 | 20 | 10 | - |
26 | Funeral Homes | 40,000 sq. ft. | 120 | 80 | 20 | 20 | 10 | - |
27 | Hospitals | 2 acres | 200 | 80 | (b) | (b) | 10 | - |
28 | Urgent Care Clinic | (b) | (b) | 80 | (b) | (b) | 10 | - |
29 | Ambulances and Emergency Medical Services | (b) | (b) | (b) | (b) | (b) | (b) | |
30 | Research and Testing Laboratories | (b) | (b) | (b) | (b) | (b) | (b) | - |
Min. Yard Dimensions (ft) Buildings(a) Parking | ||||||||
Conditional Use | Min. Lot Area | Min. Lot Width (feet) | Front | Side/ Rear | Front | Side/ Rear | See also Section | |
31 | Financial Establishment in C-2 District | 20,000 sq. ft. | 100 | 40 | 10 | 20 | 10 | - |
32 | Automatic Teller Machine | - | - | - | - | - | - | |
33 | Restaurant, Table Service | 20,000 sq. ft. | 100 | 40 | 10 | 20 | 10 | |
34 | Restaurant, Counter-Service | 40,000 sq. ft. | 120 | (b) | 20 | 20 | 10 | |
35 | Bar, Tavern, Night Club | 40,000 sq. ft. | 120 | (b) | 20 | 20 | 10 | |
36 | Business Services | 40,000 sq. ft. | 120 | (b) | (b) | (b) | (b) | - |
37 | General Commercial with accessory outdoor storage and./or display | 40,000 sq. ft. | 120 | 80 | 20 | 20 | 10 | 1163.04 cc |
38 | Hotel/Motel | 40,000 sq. ft. | 120 | 80 | 20 | 20 | 10 | |
39 | Drive-Thru Facilities | (b) | (b) | (b) | (b) | (b) | (b) | |
40 | Auction Sales, Flea Markets | 40,000 sq. ft. | 120 | 80 | 20 | 20 | 10 | |
41 | Self-Service Storage Facility | 40,000 sq. ft. | 120 | 80 | 20 | 20 | 10 | |
42 | Auto, Truck, Boat Sales/Rental | 2 acres | 300 | 80 | 20 | 20 | 10 | |
43 | Gasoline Station | 40,000 sq. ft. | 120 | (b) | 20 | 20 | 10 | |
44 | Vehicular Service Station | 40,000 sq. ft. | 120 | 80 | 20 | 20 | 10 | |
45 | Car Wash | 40,000 sq. ft. | 120 | 80 | 20 | 20 | 10 | |
46 | Repair Garage | 40,000 sq. ft. | 120 | 80 | 20 | 20 | 10 | 1163.04 aa |
47 | Membership/Sports/Fitness Club; Studios for Instruction: Dance, Exercise, Karate, etc. | 40,000 sq. ft. | 120 | 60 | 20 | 20 | 10 | 1163.04mm |
48 | Theater | 40,000 sq. ft. | 120 | 80 | 20 | 20 | 10 | - |
49 | Assembly Hall, Meeting Place, Banquet Hall, Party Center | 40,000 sq. ft. | 120 | 80 | 20 | 20 | 10 | - |
50 | Outdoor Commercial Recreation | 2 acres | 200 | 80 | 20 | 20 | 10 | 1163.04bb |
51 | Outdoor Storage/Display accessory to a principal use | 40,000 sq. ft. | 120 | NP | 20 | - | - | 1163.04cc |
52 | Public Service and Maintenance Facility | 40,000 sq. ft. | 120 | 80 | 20 | 20 | 10 | 1163.04dd |
53 | Warehousing; Wholesale Establishment; Construction Trades; Lumber Yards and Building Material; Printing and Publishing; Foundries; Machine Shop; Heavy Industrial; Truck Terminal; Greenhouse and Agriculture; Tree and Landscaping Service and Fuel Distribution Stations | 40,000 sq. ft. | 120 | 40 | 20 | 20 | 10 | 1163.04ee |
54 | Veterinarian Hospitals/Clinic | 40,000 sq. ft. | 120 | (b) | 20 | 20 | 10 | 1163.04ff |
55 | Kennels | 2 acres | 200 | 80 | 40 | 80 | 20 | 1163.04ff |
56 | Vehicle and Equipment Repair Service including body work | 40,000 sq. ft. | 120 | 80 | 20 | 20 | 10 | 1163.04aa |
57 | Outdoor Storage of Fleet Vehicles used in operation of principal use | 40,000 sq. ft. | 120 | - | - | NP | 10 | 1163.04gg |
58 | Airport and Airfields | None | None | 80 | 40 | 80 | 20 | 1163.04hh |
59 | Oil and Gas Wells | - | - | - | - | - | - | Ch. 1173 |
Min. Yard Dimensions (ft) Buildings(a) Parking | |||||||||
Conditional Use | Min. Lot Area | Min Lot Width (feet) | Front | Side/ Rear | Front | Side/ Rear | See also Section | ||
60 | Model Home Regulations | (b) | (b) | (b) | (b) | (b) | (b) | Ch. 1175 | |
61 | Indoor Sports Training Facility | (b) | (b) | (b) | (b) | (b) | (b) | 1163.04ii | |
62 | Personal Services | (b) | (b) | (b) | (b) | (b) | (b) | 1163.04jj | |
63 | Sexually Oriented Businesses | (b) | (b) | (b) | (b) | (b) | (b) | ||
64 | Sale of Seasonal Agricultural Products | NA | NA | NA | NA | 20 | 10 | 1163.04ll | |
65 | Flag Lots | (b) | (b) | (b) | (b) | - | - | 1163.04nn | |
66 | Flex Building | 40,000 sq. ft. | 120 | 40 | 20 | 20 | 10 | 1163.04oo | |
67 | Indoor Commercial Recreation/Entertainment, bowling alley, skating rink, dance hall | (b) | (b) | (b) | (b) | (b) | (b) | ||
68 | Crematories | (b) | (b) | (b) | (b) | (b) | (b) | 1163.04(pp) | |
69 |
Adult Use Cannabis Dispensary, Cultivator, Processing, Testing Laboratory, Dispensary
| (b) | (b) | (b) | (b) | (b) | (b) | ||
Notes to Schedule 1163.03
(a) Shall include principal and accessory buildings unless specified otherwise in this Code.
(b) Shall comply with the district regulations.
(c) Applies to uses in residential districts; uses in non-residential districts shall comply with the district regulations.
(d) And shall be located behind the building line.
NP Not permitted
-- Not applicable
(Ord. 2007-222. Passed 1-10-08; Ord. 2009-101. Passed 6-25-09; Ord. 2010-164. Passed 12-9-10; Ord. 2012-178. Passed 1-10-13; Ord. 2016-130. Passed 1-26-17; Ord. 2018-7. Passed 3-12-18; Ord. 2020-67. Passed 6-25-20; Ord. 2020-186. Passed 3-11-21; Ord. 2024-243. Passed 1-23-25.)
1163.04 SUPPLEMENTAL REGULATIONS FOR SPECIFIC USES.
(a) Two-Family Dwellings. In an R-2, R-3 and R-B District, two-family dwellings may be permitted in compliance with one of the following:
(1) A. In locations where the proposed site is located no more than 300 feet from two or more two-family dwellings that are located on the same street as the proposed site; or two of the following: a non-residential district, a two-family dwelling, or a multi-family dwelling that is located on the same street as the proposed site; or
B. In locations along Stow, Fishcreek, Graham, or Kent Roads where Planning Commission and City Council have determined the site to be a public nuisance as defined in Section 523.01(k)(2)A.
(2) The minimum lot frontage shall be 60 feet in an R-2 District and 52.5 feet in an R-3 and R-B District;
(3) The minimum floor area per unit shall comply with the district regulations.
(Ord. 2007-222. Passed 1-10-08.)
(b) Family Home for Persons With Disabilities. In an O, R-1, R-2, R-3 or R-B District a family home for persons with disabilities as defined in this Code may be permitted provided such use is in compliance with the following:
(1) The persons residing in such residential home shall live as a single housekeeping unit in a single dwelling unit and maintain said home as their sole, bona fide, permanent residence. The term "permanent residence" means:
A. The resident intends to live at the dwelling on a continuing basis; and
B. The resident does not live at the dwelling in order to receive counseling, treatment, therapy or medical care;
(2) Prior to a person with disabilities commencing residence in the home, either the applicant or the placement agency shall certify that it has determined that the resident is “handicap” as defined in 42 U.S.C. §3602(h). The applicant or the placement agency shall have a continuing duty to provide such certification to the Planning Director for each resident in the home after a conditional use certificate is granted;
(3) No more than two non-residents may be at the home at any one time for purposes of providing supervision to the residents of the home;
(4) The applicant shall demonstrate that adequate qualified supervision will exist in the home on a 24 hour per day basis;
(5) Each home shall locate non-ambulatory individuals’ bedrooms on a floor that exits to ground level. As used in this paragraph, “non-ambulatory” means that the individual has any of the following conditions:
A. The individual is unable to get in and out of bed independently;
B. The individual is unable to walk without physical assistance from another individual; or
C. The individual requires a wheelchair;
(6) In order to maintain the single-family residential character of the area in which the family home is located, the applicant is required and shall agree that upon termination of this conditional use for any reason the applicant shall restore the premises to a condition in which it is marketable as a single-family dwelling, unless ownership and/or possession of the premises is transferred to a person(s) who has obtained a similar conditional use certificate for the premises;
(7) Signs or other means of identification as a family home for persons with disabilities shall not be permitted;
(8) The applicant shall comply with the applicable parking regulations of the Zoning Code for the type of residential structure used by the home and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors;
(9) In considering whether to grant the conditional use certificate, Planning Commission and Council shall take into consideration the proximity and location of other such homes for persons with disabilities within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use, but in no event shall such a family home be closer than 500 feet from where another such home for persons with disabilities is located;
(10) Evidence shall be presented that the proposed facility meets the certification, licensing, or approval requirements of the appropriate state agency. Failure to maintain such licensure, certification or other approval requirements shall result in immediate revocation of the home's conditional use certificate;
(11) The home shall meet local fire safety requirements for the proposed use and level of occupancy.
(12) Conversion of an existing dwelling to a family home for persons with disabilities shall require that the dwelling be brought into conformity with existing City regulations.
(c) Lodging Houses, Boarding Houses, Group Home for Persons with Disabilities Other Congregate Living Facilities. These facilities may be permitted in certain Residential Districts as set forth in Schedule 1143.02 provided that:
(1) The facility shall accommodate no more than 12 beds per acre.
(2) All applicable provisions of the fire code shall be met and certification of such compliance by the appropriate official shall accompany the application. The Planning Commission and Council may impose additional safety requirements if such additional requirements are demonstrated to be warranted by the unique and specific needs of the residents.
(3) In considering whether to grant the conditional use certificate, Planning Commission and Council shall take into consideration the proximity and location of other such group living facilities within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use, but in no event shall such facility be closer than 500 feet from where another such facility is located.
(Ord. 2021-152. Passed 10-14-21.)
(d) Nursing Home, Assisted Living and Regional Health Care Center. These facilities may be permitted in certain Residential and Commercial Districts in compliance with the following:
(1) Such facilities shall comply with the applicable regulations in the building and housing code.
(2) The density shall not exceed 25 beds per acre.
(3) Such uses shall be located on a major street or at an intersection with a major street.
(4) When such use is located in a residential district, access drives shall be located no less than 100 feet from an intersection.
(Ord. 2016-130. Passed 1-26-17.)
(e) Libraries, Places of Worship, Schools and Other similar Public/Semi-Public Uses.In a Conservation, Residential or certain Commercial Districts, such public and semi-public uses may be permitted according to the following:
(1) Such uses should be located on a major street or have direct access without going through the residential neighborhood to lessen the impact on the residential area.
(2) When located in a residential district, the access drives shall be located no less than 100 feet from an intersection.
(3) When located in a residential district, the building and site shall be designed and constructed to minimize any negative impacts on the surrounding residential area.
(4) In any district, the Planning Commission and Council may require all outdoor children's activity areas to be completely fenced in to minimize traffic hazards.
(f) Child and Adult Day Care Center. In any district, a child day care center may be permitted according to the following:
(1) All child day care centers shall comply with the following:
A. Outside play areas shall be fenced for the protection and control of the children.
B. Required parking shall be on the same lot as the principal use.
C. All day care centers shall provide evidence of comprehensive liability insurance insuring against damage to property or physical injury, in combined single limit form, in an amount of $25,000 per child authorized to be cared for. Planning Commission and Council shall establish a maximum permissible number of children to be cared for at each center and may adopt the maximum number permitted under the State Fire Code or the Building Code. The insurance policy shall be approved as to sufficiency and legality by the law director. In the event the State of Ohio shall regulate liability and property insurance requirements for child day care centers, compliance with the State law shall be deemed compliance with, and in lieu of, this insurance requirement.
D. A drop-off/pick-up location that will not impede traffic on or off the site shall be provided to ensure the safety of the children.
(2) A child day care center that is operated as the principal use on the lot shall comply with the following additional requirements.
A. The maximum number of children shall not exceed 100 plus 25 additional children for every 1/4 acre of lot area greater than two acres.
B. When located in a residential district, the proposed child day care center shall be located on a major or collector street, preferably at an intersection having a traffic light or shall adjoin a multi-family or non-residential development.
C. The character of the location and development must be designed to provide a residential environment for the protection of the children from the traffic, noise, and other hazards of the area and/or the arterial street location.
D. When located in a residential district, the building and site shall be designed and constructed to minimize any negative impacts on the surrounding residential area.
E. When located in a residential district, access drives shall be located no less than 100 feet from an intersection.
(3) A child day care center may be operated as an accessory use to a place of worship, school or other public or semi-public organization in compliance with the requirements of subsection (f)(1). However, the Planning Commission and Council may determine that a child day care center located on the same site as a place of worship, school or other public or semipublic organization does not, because of the volume of activity, constitute an accessory use and shall therefore comply also with the requirements of subsection (f)(2).
(g) Parks, Playgrounds, Outdoor Public Recreation Facilities, and Indoor Public or Non-Profit Recreation Facility.In any Residential or Commercial District, parks, playgrounds and public recreation facilities may be permitted in compliance with the following:
(1) All loudspeaker systems shall be approved by Planning Commission and Council and shall not create a nuisance for adjacent properties.
(2) Lighting shall not shine on adjacent property and shall not pose a hazard to traffic movement.
(3) Athletic fields, courts, or other outdoor activity areas shall not be located within any required yard.
(4) The Planning Commission and Council may require any outdoor activity area to be fenced to minimize traffic hazards.
(h) Public and Semi-Public Swimming Pools. Public and semi-public swimming pools may be permitted in any Residential or Commercial District in compliance with the following:
(1) Public pools shall be pools and water bodies intended for public, semi- public, and private uses other than those specified as private pools for individual residences.
(2) An in-ground or above-ground swimming, wading, or other pool having a capacity for water depth exceeding 18 inches shall be required to obtain a Zoning Certificate.
(3) All pools shall be located within an enclosed structure or completely surrounded by a fence or wall not less than four feet.
(4) All fences and other pool enclosures shall be constructed so as to have no openings, holes, or gaps larger than three inches in width, except for doors, gates and windows which shall be equipped with suitable locking devices to prevent unauthorized access. Access secured accessory buildings and walls of principal buildings may be used in or as part of the enclosures.
(5) Above-ground pools having vertical surfaces of at least four feet above the finished grade shall be required to have fences, enclosures and secured gates only where access may be had to the pool.
(6) Ponds, lakes and streams to be utilized for public swimming purposes shall be fenced or secured at those locations presenting hazards to potential users and adjacent major residential developments or concentration areas for children. Hazardous locations include banks approaching, entering, and extending into the water at slopes exceeding a ratio of one foot vertical to three feet horizontal.
(i) Golf Courses, Cemeteries. Golf courses and cemeteries may be permitted in any Residential District in compliance with the following:
(1) Access drives shall be at least 100 feet from an intersection.
(2) Vehicular access to such uses shall be located on a major street.
(j) Public Utility Substation. Public utility substations may be permitted in any district subject to the following requirements:
(1) In residential districts, substations shall only be permitted when such is essential for distribution of service to the immediate neighborhood or when topological features restrict the location of such facilities.
(2) Site locations should offer natural or manmade barriers to lessen any intrusion into residential areas.
(3) Storage of materials shall be within a completely enclosed building.
(4) Substations shall be at least 100 feet from a dwelling or residential district or shall be adequately screened.
(Ord. 2007-222. Passed 1-10-08.)
(k) Large Accessory Buildings. In any Residential District, an accessory building larger than 1,200 square feet may be permitted on lots 2 acres or more in compliance with the following:
(1) The accessory building shall have an area not to exceed two and one-half percent (2 ½%) of the area of the lot or 4,000 square feet, which is lesser.
(2) Such accessory building shall be permitted in the rear yard.
(3) Such accessory building shall be located no less than 150 feet from a public right-of-way and no less than 30 feet from a side or rear lot line.
(Ord. 2020-67. Passed 6-25-20.)
(l) Business Uses in the R-B District. Retail establishments, restaurant (table service), funeral homes and studios for instruction may be permitted as a principal use in the R-B District in compliance with the following:
(1) The maximum floor area ratio for new construction or building addition for business or office uses shall be 25 percent.
(2) The floor area of the structure devoted to the business or office use shall not exceed 3,000 square feet including all additions to an existing structure and any new building.
(3) The uses permitted shall be limited to those uses that meet the criteria of this section and shall further be limited to:
A. Administrative, business, professional, and medical offices;
B. Retail establishments in wholly enclosed buildings, but not including game rooms where electronic games are available for customer use in the store;
C. Restaurant, table-service; provided delivery and drive-in services shall not be permitted.
D. Personal services such as hair care, nail care, tanning and massage salons, and pet grooming;
E. Funeral homes;
F. Bed and Breakfast, containing a maximum of three guest rooms.
G. Museums, art galleries, artist studios and dance schools.
(4) All off-street parking areas shall be located behind the front building line and drive-thru facilities shall not be permitted.
(Ord. 2011-122. Passed 1-12-12.)
(5) Conversion of a residential structure for non-residential purposes shall comply with Section 1163.04(m) below.
(6) All business activities, services, and processes, except off-street parking and loading, shall be conducted within a completely enclosed building.
(7) The removal of trees, changes of topography, and other factors which will affect the residential character of the neighborhood shall be minimized.
(8) Maximum visual and auditory privacy for surrounding properties and occupants shall be provided through the design of the relationship among buildings, fences and walls, landscaping, topography, and open space.
(9) Refuse storage and pickup facilities shall be fenced, screened, or landscaped to prevent the blowing or scattering of refuse and to provide an adequate visual barrier from locations both on and off site.
(10) Grading and surface drainage provisions shall be designed to minimize adverse effects on abutting properties, streams and public streets, and to minimize the possibility of erosion.
(11) All remodeling and new construction of buildings and other structures shall be designed, constructed, and maintained so as to promote and provide acceptability, attractiveness, cohesiveness, and compatibility of new buildings, existing development, remodeling, and additions in order to maintain and improve the established standards of property values and qualities within the community and neighborhood.
(12) Buildings, structures and uses, whether part of a present or future group, complex, or development, shall have a unity of character and design, and the use, texture, and color of materials shall be such as to create a harmonious whole. When the area involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects the future of any established and developed section of the City, the design, scale, and location of buildings on the site shall enhance rather than detract from the character, value, and attractiveness of the surroundings.
(13) All building elevations and facades shall be designed to create a harmonious whole while providing individual identity. Materials shall express their function clearly and not appear as a material foreign to the rest of the building.
(14) Building roofs shall have a minimum pitch of six feet vertical to 12 feet horizontal; roofs shall have offsets in the roof line to articulate small and varied masses.
(m) Conversion of Residential Structures or New Construction for Business Use. In an R-B District or any Commercial or Industrial District, the conversion of a residential structure or new construction for business use may be permitted in compliance with the following:
(1) Statements from the City Engineer, Planning Director, City Fire Marshal, County or State Health Department shall be submitted indicating that the building meets or can be safely converted to meet the codes and regulations which are under the control of these persons or departments;
(2) In a R-B District, residential occupancy of the structure may be permitted under the following conditions:
A. No residential occupancy shall occur unless the owner-occupant also occupies the commercial space;
B. No residential occupancy shall occur in areas below-grade. No separate residential dwelling unit shall occur on the third floor;
C. Residential use of the structure shall be secondary to the commercial use;
D. Exterior stairways shall be constructed as a compatible design element;
E. There shall be no more than one dwelling unit, which unit shall have a minimum floor area of 500 square feet plus 150 square feet for each bedroom over one;
F. Parking shall meet the minimum standards for a residential dwelling unit and such spaces shall be separate from the parking area required for the commercial use and shall be located in a side or rear yard no closer than five feet to the side and rear property lines;
G. A landscaped area at least 400 square feet in size shall be provided for the exclusive use of the residential occupants, such area shall be screened from the commercial parking area.
(3) In a Commercial or Industrial District, the residential use of the structure shall be prohibited once such structure is converted to a commercial use.
(4) Any conversion of Residential Structures or new construction for business use shall also be subject to the regulations in 1143.10.
(Ord. 2009-101. Passed 6-25-09.)
(n) Ambulance and Emergency Medical Services. Ambulance services and other emergency medical services may be permitted in a C-3, C-4, I-1 and I-2 District in compliance with the following:
(1) In a C-3 and C-4 District, ambulances and other vehicles used in the operation of the principal use shall be stored within an enclosed building.
(2) In an I-1 and I-2 District, outdoor storage of ambulances and other vehicles used in the operation of the principal use may be permitted provided such storage areas shall be located in the rear yard in off-street parking areas. Such parking areas shall meet the minimum parking setback established in Schedule 1147.04 and shall be screened in compliance with Section 1147.07.
(3) Such facilities shall be located in an area least disruptive to pedestrian and vehicular traffic.
(o) Automatic Teller Machine. An automatic teller machine which is located on the outside of the principal building; in a lobby or entrance of a principal building, and which is accessible during non-regular business hours; or enclosed separately in a freestanding building, may be permitted in a C-3, C-4, C-6 C-7 and C-8 District in compliance with the following:
(1) Such facility should be located so as to be the least disruptive to pedestrian and vehicular traffic;
(2) There shall be adequate and safe standing space for persons waiting to use the facility;
(3) The Police Department has determined that the location of the proposed ATM would not constitute a traffic safety hazard;
(4) The Planning Commission and Council may require additional parking spaces, if deemed necessary, than otherwise required for the principal use.
(p) Restaurant, Table Service. A table service restaurant may be permitted in a C-2 District provided that the lot area shall be adequate to accommodate the required off-street parking.
(q) Restaurant, Counter Service. A counter-service restaurant may be permitted in a C-3 and C-4 District in compliance with the following:
(1) Such facility should be located so as to be the least disruptive to pedestrian and vehicular traffic.
(2) The building and parking shall be designed with adequate traffic circulation to ensure traffic safety.
(3) Additional spaces for delivery trucks may be required by the Planning Commission and Council.
(r) Bar, Tavern, Night Club. A bar, tavern or night club may be permitted in a C-4, C-5 and C-8 District in compliance with the following:
(1) The Planning Commission and Council may impose restrictions on the hours such establishment is open for business.
(2) Such establishment shall be located at least 250 feet from a dwelling or residential district.
(3) All activities shall take place in a fully enclosed sound-resistant building, with closed windows and double-door entrances that provide a sound lock.
(s) Hotels and Motels. Hotels and motels may be permitted in a C-4 District in compliance with the following:
(1) Lighting shall not shine on adjacent property or pose a hazard to traffic movement.
(2) Shall be located on a major street.
(t) Drive-Thru and Drive-In Facilities. Drive-thru and drive-in facilities, except beverage drive-thru establishments, may be permitted in a C-3, C-4, C-6, C-7 and C-8 District in association with a permitted use as set forth in Schedule 1145.02 and may be regulated according to the following:
(1) Such facilities shall be located on a major street in an area least disruptive to pedestrian and vehicular traffic.
(2) Loud speaker systems shall be approved as part of the site plan and shall not create a nuisance for adjacent properties.
(3) Access drives shall be 100 feet from an intersection; one access drive per street frontage shall be permitted; and interconnecting circulation aisles between parcels shall be provided.
(4) The Planning Commission and Council may impose restrictions on the hours of operation.
(u) Auction Sales, Flea Markets. Auction sales and flea markets may be permitted in a C-4 District provided such use shall be located within a permanent structure and all activities shall take place entirely indoors.
(v) Self-Service Storage Facility. Self-service storage facilities may be permitted in an I-2 District in compliance with the following:
(1) All items shall be stored within the building.
(2) Loading and unloading shall be oriented towards the side and rear lot lines.
(3) Self-service storage facilities shall be permitted in an I-2 District provided they comply with the following conditions:
A. The total floor area of the self-service storage facilities shall not, at any time, exceed 50% of the total floor area of all of the buildings on the property;
B. Shall be located behind the principal building;
C. Shall not be located within 500 feet of State Route 8 unless another use, permitted in an I-2 District, is located between State Route 8 and the self-service storage facility; and
D. Shall be located in such a manner that is consistent with the office and industrial goals contained in the 2001 Comprehensive Plan. (Ord. 2007-222. Passed 1-10-08.)
(w) Auto, Truck, Boat Sales/Rental. In a C-3, C-4 or C-5 District, the sale or rental of automobiles, trucks and boats may be permitted provided that:
(1) Vehicles may be stored outside provided the storage area is adequately screened in compliance with Section 1145.10.
(2) All work on vehicles, including but not limited to cleaning, servicing and repair, shall be done only inside a suitable service building.
(3) Such uses may be combined with other automotive uses if the total lot area equals the sum of the areas required for each use.
(4) Such uses shall include a suitable building for sales/office activities.
(5) All portions of the lot used for sales or storage of vehicles shall be paved with asphalt, concrete or similar material.
(6) Outside loudspeakers shall not be permitted.
(7) Areas for vehicle display shall be delineated on the site plan.
(Ord. 2012-178. Passed 1-10-13.)
(x) Gasoline Station. In C-3 and C-4 Districts, a gasoline station may be permitted in compliance with the following:
(1) Such use shall be located at the extremity of the district or at an intersection to cause the least interference with pedestrian and vehicular traffic.
(2) The gasoline station shall comply with the supplementary regulations for gasoline stations set forth in Section 1145.11.
(3) Sites that are corner lots shall have no less than 120 feet of frontage on each street.
(y) Vehicular Service Station. In C-3, C-4 and C-5 Districts a vehicular service station may be permitted in compliance with the following:
(1) The use shall be for the purpose of servicing motor vehicles under 1½ ton rated capacity. The services performed may include minor repairs such as the installation of spark plugs, belts, batteries, tires, as well as the dispensing of fuel, oil, air and windshield wiper fluid.
(2) All repairs shall take place entirely within a suitable service building. During the time work is performed on a vehicle, the vehicle shall be entirely within the building.
(3) A vehicular service station that also sells gasoline shall comply with the regulations set forth in Section 1145.11.
(5) Limited temporary display/sales adjacent to the principal structure must be shown on an approved site plan in C-3 districts. Overnight storage of products or equipment within an approved temporary display/sales area is not permitted within C-3 districts. (Ord. 2007-222. Passed 1-10-08.)
(z) Car Wash. A car wash may be combined with a gasoline station provided all standards for gasoline stations are maintained. All car wash facilities shall comply with the supplementary regulations for car wash facilities set forth in Section 1145.12.
(Ord. 2023-066. Passed 5-25-23.)
(aa) Repair Garage; Vehicle and Equipment Repair/Services. A repair garage may be permitted in a C-4 and C-5 District and a vehicle and equipment repair/service establishment may be permitted in an Industrial District in compliance with the following:
(1) All work shall be performed entirely within a building. During the time work is performed on a vehicle, the vehicle shall be entirely within the building.
(2) Services provided may include body work, spray painting, engine overhaul and other similar work.
(3) The facility shall be located at least 100 feet from a dwelling or residence district.
(bb) Outdoor Commercial Recreation. Outdoor commercial recreation facilities not involving motorized equipment may be permitted in a C-4, C-5 and C-7 District in compliance with the following:
(1) The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises. In order to minimize any effects of the above, the Planning Commission and Council may require all applicable surface areas to be paved, and impose additional noise reduction measures to assure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District.
(2) All active recreation areas shall be enclosed by a fence having a minimum height of six feet.
(3) Access drives shall be located at least 100 feet from an intersection.
(4) All structures including lighting fixtures shall have a maximum height of 35 feet.
(5) Rifle ranges, skeet shooting ranges, pistol ranges and other uses involving the use of fire arms shall not be permitted.
(cc) Outdoor Storage/Display. The outdoor storage and/or display of goods, supplies and equipment may be permitted in the C-4, C-5, and I-1 Districts in compliance with the following:
(1) The outdoor storage of goods, supplies and equipment used in the operation of the principal use shall:
A. Be located only in the rear yard;
C. Be screened in compliance with Section 1145.10, and the height of the stored materials shall not exceed the height of the screening.
D. All stored goods, merchandise, vehicles or implements must be secured against theft, vandalism or loss.
(2) The outdoor display of goods for sale shall:
B. Not be located in areas intended for traffic circulation according to the site plan;
C. All stored goods and merchandise must be secured against theft, vandalism, or loss;
D. All outdoor display, storage and sales facilities and areas shall be identified on and limited to those shown on the City Approved site plan and shall be screened from the views from adjacent properties and shall be maintained in a neat and orderly condition.
(3) All areas to be devoted to outdoor storage and/or display shall be clearly indicated on the site plan.
(dd) Public Service and Maintenance Facility. A public service and maintenance facility may be permitted provided that all buildings, storage areas and substations shall be at least 100 feet from a dwelling or residential district or shall be adequately screened.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)
(ee) Warehousing, Wholesale Establishment, Construction Trades, Printing and Publishing, Machine Shop, Lumber Yard and Building Material, Foundry, Heavy Industrial, Truck Terminal, Greenhouse and Agriculture, Tree and Landscaping Service and Fuel Distribution Station. Certain manufacturing and general commercial uses may be permitted in an Industrial District in compliance with the following:
(1) Proposed locations should offer natural or man-made buffers when adjacent to a residential use;
(2) Hazardous operations shall be completely surrounded with a six foot high fence;
(3) Truck routes shall be established to minimize hazards and damage to other properties;
(4) Laundry and cleaning plants, printing and publishing, foundries, machine shop, vehicle and equipment repair services, truck terminals and other manufacturing activities which create objectionable noise shall be located no closer than 100 feet to any Residential District.
(5) Manufacturing uses that are injurious, obnoxious or offensive by reason of emission of waste water, odor, dust, fumes, vibration, smoke, gas, or noise shall not be permitted.
(Ord. 2018-7. Passed 3-8-18.)
(Ord. 2018-7. Passed 3-8-18.)
(ff) Veterinary Hospital/Clinic; Kennel. A veterinary hospital/clinic may be permitted in a C-2, C-3, C-4 C-5, C-6 and I-2 District and a kennel in an I-2 District in compliance with the following:
(1) Such uses shall not be permitted adjacent to any Residential District.
(2) No outdoor pens shall be permitted in a Commercial District.
(3) Outdoor pens and exercise runs in an I-2 District shall be kept in a sanitary condition and screened from adjacent properties and streets.
(4) Sanitation practices shall assure that odors will not be noticed off the lot.
(5) Adequate sound proofing shall be provided to reduce the noise level in the Commercial Districts and, in an I-2 District, the proper management of animals shall be provided to control noise in outdoor exercise runs.
(6) No dead animals shall be buried on the premises and incineration shall not create odors or smoke off the premises.
(7) In a Commercial District, the boarding of animals shall be restricted to allow overnight lodging only as necessary for animals receiving medical attention.
(gg) Outdoor Storage of Fleet Vehicles. In an I-1 District, the outdoor storage of fleet vehicles which are used in the operation of the principal use may be permitted in compliance with the following:
(1) Such storage areas shall be located in the rear yard in off-street parking areas; and such parking areas shall meet the minimum parking setback established in Schedule 1147.04.
(hh) Airports and Airfields. Airports and airfields may be permitted in an O and I-1 District in compliance with the following:
(1) Such uses shall be located on a major street.
(2) A six foot high fence shall enclose the operation where there is a safety hazard.
(Ord. 2007-222. Passed 1-10-08.)
(3) Lighting shall not create a nuisance or traffic hazard.
(ii) Indoor Sports Training Facility. An indoor sports training facility may be permitted in an existing building in the I-1 or I-2 Districts in compliance with the following:
(1) The building to contain the Indoor Sports Training Facility must have been previously occupied by an industrial, office or some other business use for at least five years following the completion of construction of the building.
(2) The construction required to accommodate the facility shall not permanently alter the building so that it cannot be reused for industrial, office or business purposes.
(3) The building must have been vacant for a minimum of two years prior to the application for an Indoor Sports Training Facility.
(4) No more than 10,000 square feet of space in any one building may be used as an Indoor Sports Training Facility.
(5) The applicant must have submitted a report as part of the Planning Commission application from an architect, engineer or contractor indicating the building is suitable for use as an Indoor Sports Training Facility and any building modifications required would not preclude the building's reuse for industrial, office or business purposes.
(Ord. 2010-164. Passed 12-9-10.)
(jj) Personal Services. Personal services may be permitted in a C-5 District in compliance with the following:
(1) Personal services may occupy up to 25% of the gross floor area of any principal building in the C-5 District.
(kk) Sexually Oriented Businesses. Sexually oriented businesses may be permitted in an I-2 District in compliance with the following and in compliance with Chapter 1188:
(1) The Planning Commission and Council may impose restrictions on the hours such establishment is open for business.
(2) Any exterior lighting shall be directed downward onto the subject property and shall not shine on adjacent property.
(ll) Sale of Seasonal Agricultural Products. The sale of seasonal agricultural products grown off-site and offered for sale in residential districts shall comply with the following:
(1) For the purposes of this section, “seasonal agricultural products” means any fruit or vegetable for human consumption or plants, whether flowering or vegetative, for home decorating purposes. Seasonal agricultural products do not include trees or Christmas trees.
(2) Adequate parking and circulation must exist on-site and no new or additional paved or hard surfaces shall be constructed for these sales.
(3) Sales shall not occur between sunset and sunrise.
(4) Any person selling agricultural products in a residential district shall register with the City of Stow Income Tax Division prior to engaging in such activity.
(5) No off-site advertising or identification signs are permitted.
(6) One on-site sign no larger than ten square feet is permitted.
(7) The sale of seasonal agricultural products may occur for a maximum of ninety days in any one calendar year.
(mm) Studio for Instruction: Studios for Instruction (dance, exercise, karate, etc) shall be conditionally permitted in C-3 and C-6 Districts.
(1) In a C-6 District, Studios for Instruction shall occupy no more than 35% of the total existing business floor area of a property in the C-6 District.
(nn) Flag Lots: The creation of flag lots in R-1, R-2 and R-3 Districts may be permitted in compliance with the following:
(1) Flag lots shall be configured so that any existing or proposed dwellings located on the proposed flag lot and any dwelling located on an adjacent lot shall be separated by at least 140 feet in R-1 Districts, 120 feet in R-2 Districts and 110 feet in R-3 Districts.
(2) The distance between an existing dwelling and the front lot line of the proposed flag lot as defined in Section 1133.01 (67)A. shall be at least 90 feet in R-1 Districts, 80 feet in R-2 Districts and 70 feet in R-3 Districts.
(oo) Flex Buildings. Flex Buildings shall be conditionally permitted in the C6 Office/Business District in compliance with the following:
(1) Business uses within a flex building shall not require significant outdoor storage of equipment, generate noise or odors as a result of any industrial process, use large trucks for delivery purposes or store vehicles larger than a full size van on the site. Parking of vehicles used by any business in the building shall be limited to the rear of the building.
(3) Overhead doors for delivery and product movement shall be permitted at the rear of the unit. Overhead doors or designated delivery doors are not permitted on the front of the building.
(4) Outdoor storage shall be completely contained within an enclosure constructed of the same masonry material used on the exterior of the building. Such enclosure shall be no larger than a single dumpster enclosure and comply with the regulations for accessory structures.
(Ord. 2007-222. Passed 1-10-08.)
(pp) Crematories. Crematories shall be conditionally permitted in I-2 Districts permitted in compliance with the following:
(1) The structure shall be located at least 250 feet from a Residential District.
(2) Crematories shall be operated in conformance with all applicable local, State and Federal laws and regulations.
(Ord. 2020-186. Passed 3-11-21.)
1165.01 PURPOSE.
With the overall goal of preserving the predominantly single-family character in Stow, cluster developments may be conditionally permitted in an R-1, R-2 or R-3 Residence District in order to meet the objectives of the Comprehensive Plan. These regulations are intended to permit the clustering of single-family homes on lots along major streets where single-family residential development is prevalent and continues to be appropriate for the street but where a standard subdivision is difficult and uneconomical. Clustering of single family homes shall achieve the following objectives:
(a) Protect residential property values and preserve the residential character along certain major streets.
(b) Encourage infill development along major streets on small lots in residential areas by allowing greater flexibility in lot arrangement and building placement than otherwise permitted.
(c) Minimize curb cuts on major streets by requiring the use of common driveways with access only onto side streets.
(d) Encourage creative and innovative layout while maintaining the density permitted in the zoning district.
(e) Promote economical and efficient use of land through unified development.
(f) Ensure development is compatible with the surrounding single-family neighborhood and complies with an approved development plan prepared by the property owner.
(Ord. 2007-222. Passed 1-10-08.)
1165.02 LOCATION AND APPROVAL CRITERIA.
A cluster development shall be approved by the Planning Commission and Council as a conditional use. In addition to the general review criteria for conditional uses set forth in Section 1161.02, the Planning Commission and Council shall review a proposed cluster development giving particular consideration to the following:
(a) Cluster developments shall be located along and have frontage on one of more of the following streets:
(1) Darrow Road;
(2) Stow Road;
(3) Graham Road;
(4) Fishcreek Road;
(5) Kent Road;
(6) Norton Road;
(7) Call Road;
(8) Young Road.
(b) Use of the cluster development regulations shall result in a better infill project than otherwise possible under the standard district regulations;
(c) Uses within the proposed cluster development shall be located so as to reduce any adverse influences and to protect the residential character of areas both within and adjacent to the cluster development;
(d) Diversity and originality in building layout and design shall be encouraged to achieve the best possible relationship between development and the land;
(e) Significant buffer zones with adequate landscaping shall be provided between existing single family dwellings and cluster dwellings;
(f) Roadway systems, service areas, parking areas, entrances, exits, and pedestrian walkways within the cluster development shall be so designed as to have access to side streets without creating traffic hazards or congestion;
(g) The layout of parking areas, service areas, entrances, exits, yards, courts, landscaping, signs, lighting, noise and other potentially adverse influences shall be designed and located to protect the residential character within and adjacent to the cluster development.
(Ord. 2007-222. Passed 1-10-08.)
1165.03 PERMITTED USES.
As part of a conditionally permitted cluster development, the following uses and dwelling types shall be permitted:
(a) Standard single-family;
(b) Cluster single-family;
(c) Zero lot line dwelling units;
(d) Attached single-family dwelling units with a maximum of four units attached;
(Ord. 2007-222. Passed 1-10-08.)
1165.04 LAND AREA REQUIREMENTS.
The gross area of a tract of land proposed to be developed in a cluster development shall be no less than three acres and no more than ten acres. The area proposed for development shall be in one ownership or, if in several ownerships, the application shall be filed jointly by all the owners of the properties included in the plan. If the project involves more than one lot, the entire cluster development site shall be unitized into one lot.
(Ord. 2007-222. Passed 1-10-08.)
1165.05 DEVELOPMENT STANDARDS.
(a) Subdivision of Tract. The entire tract of land proposed for a cluster development shall be considered one zoning lot. Any subdivision of land within the zoning lot, at the election of the applicant, shall not need to comply with the lot area, lot width or yard requirements established for the district in which the cluster development is located.
(b) Density. The density of a cluster development shall not exceed 2.0 dwelling units per acre in an R-1 District, 2.5 dwelling units per acre in an R-2 District and 3.3 dwelling units per acre in an R-3 District. The total number of units permitted shall be calculated by multiplying the total land area by the density permitted per acre.
(c) Distance from Project Boundary Lines. All dwelling units shall be located no closer than 40 feet to a public right-of-way; 10 feet to the side lot line of the project boundary; and 30 feet to the rear lot line of the project boundary. If the rear of a dwelling unit is parallel to a common side lot line, the distance between the dwelling and side lot line shall be 30 feet.
(d) Spacing Between Buildings. In order to ensure reasonable privacy and separation, individual buildings including terraces, decks, and patios shall be separated by at least 15 feet, except that when the windows of living areas and patios, decks and terraces face each other (not side to side), they shall be separated by at least 85 feet. This distance may be reduced to 60 feet when a vision obscuring wall, fence or landscaping is provided between the mutually visible spaces.
(e) Access Drives. Cluster developments shall provide adequate ingress and egress for all dwelling units in compliance with the following standards:
(1) One common driveway for every eight dwelling units shall be provided to minimize the number of curb cuts.
(2) Corner lots shall provide access to the side street only.
(3) When it is in the interest of good traffic operation, the Planning Commission and Council may vary these requirements.
(f) Requirements for Public Sites. Regardless of the facilities, sites or open space area to be privately or commercially owned and operated, the developer shall provide land for public sites, public parks and/or playgrounds, or public open space as set forth in Section 1185.03.
(g) Accessory Uses. Accessory buildings and uses shall comply with the district regulations except that detached garages and parking areas serving more than one dwelling unit shall be located no closer than 10 feet to a side or rear lot line.
(h) Additional Standards. Additional site specific development requirements formulated to achieve the objectives of these regulations shall be established at the time the conditional use request and development plan are reviewed. Any dimensional specifications adopted with such plan become binding land use requirements for the cluster development and shall supersede those contained in the district regulations.
(Ord. 2007-222. Passed 1-10-08.)
1165.06 SUPPLEMENTAL REQUIREMENTS.
A cluster development shall comply with the following supplemental requirements.
(a) Maximum visual and auditory privacy for units within the development and on surrounding properties shall be provided through the design of the relationship among buildings, fences and walls, landscaping, topography, and open space.
(b) Building sites, parking areas, driveway locations, drainage facilities, and other improvements shall be developed with consideration given to minimizing the removal of trees, changes of topography and other factors which will affect the existing character of the street.
(c) The architectural design of cluster developments should be developed with consideration given to the relationship of adjacent residential areas in terms of building mass and character.
(Ord. 2007-222. Passed 1-10-08.)
1165.07 PROCEDURES.
A proposal for a cluster development shall comply with the administrative provisions set forth in Section 1137.04 for Conditional Uses and additionally with the following procedures:
(a) Site Plan Review, Approval and Conformance. A site plan shall be required for each cluster development in order to evaluate a project's compatibility with the surrounding land uses, its compliance with these regulations and its conformance with the Comprehensive Plan.
(1) All residential uses proposed to be developed, expanded, modified or otherwise established as part of a cluster development shall be permitted and zoning certificates issued only after site plans, as specified in Section 1137.03, have been approved by the Planning Commission and Council.
(2) Architectural, engineering, or construction information sufficient to give a clear understanding of the proposal and including front-, side- and rear- view renderings, shall be included with the submission of the site plans. A description of the proposed development or operation shall be provided in sufficient detail to indicate possible impacts on adjacent properties and the surrounding area.
(3) The site plan shall show the total plan for development and indicate the phases of development.
(b) Significance Of An Approved Plan. An approved site plan shall become a binding commitment for the development of the specific elements approved for development. The approved site plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. If there is any such transfer or change in ownership, the new ownership entity shall submit to Council and Council shall find that the new ownership entity will satisfy the administrative, financial, legal and all other performance guarantees approved with the original site plan.
(c) Changes to An Approved Plan. All construction and development under any building permit shall be in accordance with the approved site plan. Any departure from the approved plans shall be cause for revocation of the conditional zoning certificate. Any changes in approved plans shall be resubmitted for approval in accordance with the cluster development regulations.
(Ord. 2007-222. Passed 1-10-08.)
1167.01 PURPOSE.
A Planned Unit Development (PUD) may be conditionally permitted in an R-1, R-2 and R-3 Residence District in accordance with the standards and regulations set forth in this Code. It is the intent of these regulations to permit a variation in the area and yard regulations to allow a more flexible placing of single-family buildings on the land for: the grouping of open spaces and accessory facilities such as garages or parking spaces; the preservation of significant woodlands, water bodies, or other natural features; and the provision of recreational areas and facilities as an integral part of the development. The intent of this section is that adequate standards related to the public health, safety, and general welfare shall be observed while permitting innovative site planning on large sites.
(Ord. 2007-222. Passed 1-10-08.)
1167.02 APPROVAL CRITERIA.
A PUD shall be approved by the Planning Commission and Council as a conditional use. In addition to the general review criteria for conditional uses set forth in Section 1161.02, the Planning Commission and Council shall review a proposed PUD giving particular consideration to the following:
(a) Uses within the proposed PUD shall be located so as to reduce any adverse influences and to protect the residential character of areas both within and adjacent to the PUD;
(b) Lot layout shall achieve the best possible relationship between the development and the land;
(c) Roadway systems, entrances, exits, recreation areas and pedestrian walkways within the PUD shall be so designed as to have access to public, primary and secondary streets without creating traffic hazards or congestion;
(d) The layout of recreation areas, open spaces, public sites, entrances, exits, yards, landscaping, signs, lighting and other potentially adverse influences shall be designed and located to protect the residential character within and adjacent to the PUD.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)
1167.03 MINIMUM LAND AREA.
The gross area of a tract of land proposed to be developed in a PUD shall be no less than 20 acres. The area proposed shall be in one ownership or, if in several ownerships, the application shall be filed jointly by all the owners of the properties included in the plan.
(Ord. 2007-222. Passed 1-10-08.)
1167.04 DEVELOPMENT STANDARDS.
(a) Maximum Number of Lots. The maximum number of lots that may be created shall be computed by subtracting 20 percent of the total area from the total site area and dividing the remaining land area by the minimum lot area requirements specified in Schedule 1143.03 of the district in which the planned unit development is to be located.
(b) Minimum Lot Area and Lot Width. The minimum area for each lot may be reduced by 25 percent, and the minimum lot width may be reduced by 20 percent.
(c) Yard Requirements. The minimum front and side yard requirements specified for the district may be reduced by 20 percent provided that for developments adjacent to single-family neighborhoods, buildings located within fifty feet of such single- family property shall maintain the established building line of the adjacent property.
(d) Open Space Requirements. A minimum of 20 percent of the total area in a proposed PUD shall be devoted to public and/or private open space, preservation areas, recreational areas, or recreational facilities.
(1) At least one useable area with a minimum of three contiguous acres shall be provided for such open space.
(2) Land area devoted to parking areas, land fragments between two or more buildings and between buildings and parking areas, and required yards between property lines and buildings and between property lines and parking areas shall not be included as open space.
(3) The required amount of open space reserved under a PUD shall either be: held in corporate ownership by owners of the project area, for the use of each owner who buys property within the development; dedicated to a homeowners' association who shall have title to the land which shall be retained as common open space for parks, recreation and related uses; or offered for dedication to the City for perpetual preservation as a natural area or public recreational use.
(4) The legal articles relating the organization of the homeowners association are subject to review and approval by the Planning Commission and Council and shall provide adequate provisions for the perpetual care and maintenance of all common areas.
(5) Public utility and similar easements and rights-of-way are not acceptable for common open space dedication unless such land or right-of-way is useable as a trail or similar purpose and has been approved by the Planning Commission.
(6) The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.
(7) Such open space, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the development plan.
(e) Requirements for Public Sites. Regardless of the facilities, sites or open space area to be privately or commercially owned and operated, the developer shall provide land for public sites, public parks and/or playgrounds, or public open space as set forth in Section 1185.03.
(f) Additional Standards. Additional site specific development requirements formulated to achieve the objectives of these regulations shall be established at the time the conditional use request and development plan are reviewed. Any dimensional specifications adopted with such plan become binding land use requirements for the PUD and shall supersede those contained in the district regulations.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)
1167.05 SUPPLEMENTAL REQUIREMENTS.
A Planned Unit Development shall comply with the following supplemental requirements.
(a) Landscaping.All street right-of-ways and common open space shall be landscaped according to an overall plan and shall be implemented by phases as units are completed and weather permits. Natural wooded areas shall be preserved and maintained for landscaping and screening to the greatest extent possible.
(b) Topography - Natural Features. The PUD shall be designed to take advantage of the topography of the land in order to utilize the natural contours, and to minimize destruction of water courses, natural vegetation, trees, and topsoil.
(c) Grading. Grading and site preparation for areas other than building sites, streets, sidewalks and utilities shall be limited to disturbing the minimum amount of vegetation and other topographic features.
(d) Development Layout. Streets and cul-de-sacs shall be laid out so as to utilize natural contours and discourage through and high speed traffic.
(e) Circulation.
(1) Wherever possible, the major vehicular and pedestrian circulation patterns shall be completely separate and independent from one another.
(2) Street and sidewalk alignments, and the alignments for utilities should be parallel to contours, in valleys or on ridges where possible, in common open areas, and, as permitted by the Planning Commission and Council, in areas served by private drives or cul-de-sac streets.
(3) There shall be no direct access from individual residences to a major thoroughfare and direct access from residences to collector thoroughfares shall be minimized.
(f) Phased Development. If the development is to be implemented in phases, each phase shall have adequate provision for access, parking, storm water management and other public improvements to serve the development in accordance with the applicable criteria set forth. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent damage to completed phases, to future phases and to adjoining property. A performance bond on all improvements and amenities shall be furnished to the City prior to initiating construction on the first phase of the development.
(g) Compliance with Other Ordinances. In addition to complying with the requirements of Sections 1167.01 to 1167.06, an applicant applying for a conditional use certificate for a Planned Unit Development shall comply with the appropriate provisions of the City's Subdivision Regulations and other Sections of the Zoning Code not in conflict with the specifications contained in these regulations.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)
1167.06 PROCEDURES.
A proposal for a PUD shall comply with the administrative provisions set forth in Section 1137.04 for Conditional Uses.
(a) Site Plan Review, Approval and Conformance. A site plan for the development of the land proposed for a PUD shall be required in order to evaluate a project's compatibility with the surrounding land uses, its compliance with these regulations and its conformance with the Comprehensive Plan. A site plan, as required in Section 1137.03, shall be approved by Planning Commission and Council.
(b) Significance Of An Approved Plan.An approved site plan shall become a binding commitment for the development of the specific elements approved for development. The approved site plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. If there is any such transfer or change in ownership, the new ownership entity shall submit to Council and Council shall find that the new ownership entity will satisfy the administrative, financial, legal and all other performance guarantees approved with the original site plan.
(c) Changes to An Approved Plan. All construction and development under any building permit shall be in accordance with the approved site plan. Any departure from the approved plans shall be cause for revocation of the conditional zoning certificate. Any changes in approved plans shall be resubmitted for approval in accordance with these PUD regulations.
(Ord. 2007-222. Passed 1-10-08.)
1167.07 BOND OR ESCROW AGREEMENT.
As a prerequisite to the issuance of a conditional zoning certificate for a PUD, the applicant shall file with Council prior to approval of any building or construction plans a surety bond or escrow agreement to insure the construction of the project within the period specified in the conditional zoning certificate or as extended or changed by the Planning Commission. The bond or escrow shall be enforceable by or payable to the City in a sum at least equal to the estimated costs of all of the site improvements (streets, drives, walks, walls, storm and sanitary sewers, open space improvements, recreation facilities, landscape planting, ornamental features not on a building, and terraces, but not buildings) for the entire project. The bond or escrow shall be in a form and with surety and conditions approved by the law director. In the event of default under such bond or escrow, the City may use the sum defaulted to construct such site improvements to the extent of the funds available.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)
1169.01 PURPOSE.
Multi-family dwellings may be conditionally permitted in an R-2 and R-3 Residence District in accordance with the standards and regulations set forth in this Code. These regulations are intended to encourage multi-family dwellings in those specific locations of Stow identified in the Comprehensive Plan in order to achieve the following objectives:
(a) To allow creativity and variety in design as necessary to implement the various goals and objectives set forth in the Comprehensive Plan.
(b) To promote economical and efficient use of land through unified development.
(c) To protect lower density residential areas by requiring buffer areas between single- family dwellings and multi-family dwellings.
(d) To regulate density and distribution of population in accordance with the Comprehensive Plan.
(Ord. 2007-222. Passed 1-10-08.)
1169.02 LOCATION AND APPROVAL CRITERIA.
As a conditional use, multi-family dwellings shall only be permitted on specific parcels that comply with the following criteria:
(a) The location of lots for multi-family dwellings shall either:
(1) Have frontage on one of the following streets:
A. Hudson Drive;
B. Darrow Road, north of Hibbard Avenue;
C. Graham Road, east of Lake Run;
D. Kent Road, between Kauffman Road and Fishcreek Road;
E. Norton Road, west of Stow Road; or
(2) Abut:
A. A commercial or industrial zone in areas that serve as a transition between lower density residential and nonresidential development; or
B. An existing multi-family development when the Planning Commission and Council determines that the proposed site is unsuitable for single-family development.
(b) Vehicular and pedestrian circulation shall have direct access to the major street or be located off the side street in a manner so as not to be disruptive to abutting single-family neighborhoods.
(c) In addition to the general review criteria for conditional uses set forth in Section 1161.02, the Planning Commission and Council shall review a proposed multi- family development giving particular consideration to the following:
(1) Buildings within the proposed development shall be located so as to reduce any adverse influences and to protect the residential character of areas both within and adjacent to the multi-family development;
(2) Diversity and originality in individual building design shall be encouraged to achieve the best possible relationship between development and the land;
(3) Significant buffer zones with adequate landscaping shall be provided between the proposed multi-family dwellings and existing single-family neighborhoods;
(4) Roadway systems, service areas, parking areas, entrances, exits, and pedestrian walkways within the multi-family development shall be so designed as to have access to public streets without creating traffic hazards or congestion;
(5) The layout of parking areas, service areas, entrances, exits, yards, courts, landscaping, signs, lighting, and other potentially adverse influences shall be designed and located to protect the residential character within and adjacent to the multi-family development.
(Ord. 2007-222. Passed 1-10-08.)
1169.03 PERMITTED USES.
As part of a multi-family development in an R-2 or R-3 District, the following uses and dwelling types shall be permitted:
(a) Cluster single-family dwellings provided no more than 50 percent of the total units in the multi-family development are detached units;
(b) Attached single-family dwellings with a maximum of four units attached;
(c) Two-family dwellings;
(d) Townhouses with a maximum of eight units attached;
(e) Apartments with a maximum of 20 dwelling units per building;
(f) Accessory recreational and community facilities for use by the residents of the multi-family development;
(Ord. 2007-222. Passed 1-10-08.)
1169.04 MINIMUM LAND AREA.
The gross area of a tract of land proposed to be developed for multi-family purposes shall be no less than two acres to ensure that each project creates an appropriate residential environment. The area proposed shall be in one ownership or, if in several ownerships, the application shall be filed jointly by all the owners of the properties included in the plan.
(a) Minimum Frontage and Depth. Such tract of land shall have a minimum of 150 feet of frontage on one of the streets specified in Section 1169.02(a)(1), and the depth of said tract of land shall be not more than three times the frontage but shall in no case have a depth more than 1,000 feet from the street right-of-way.
(b) Coverage. The total ground floor area of principal buildings in a multi-family development shall cover no more than 25 percent of the total site area.
(Ord. 2007-222. Passed 1-10-08.)
1169.05 DEVELOPMENT STANDARDS.
(a) Density. The density of a multi-family development shall not exceed six dwelling units per acre. The total number of units permitted shall be calculated by multiplying the total land area, exclusive of public streets existing at the time the site plan is submitted, by the maximum density permitted per acre.
(b) Distance from Streets. All principal buildings and accessory buildings shall be set back from:
(1) A public right-of-way a distance not less than 40 feet;
(2) Private streets, parking lots and other primary vehicular accessways a distance not less than 20 feet, except that detached parking garages may be adjacent to parking lots.
(c) Distance from Property Lines. All principal buildings in a multi-family development shall be located no closer than 40 feet to a property line except that when a proposed multi-family abuts a non-residential district or an existing multi- family development, principal buildings shall be located no less than 20 feet from the property line forming the common boundary.
(d) Minimum Spacing Between Dwellings. In order to ensure reasonable privacy and separation, individual buildings including terraces, decks, and patios shall be separated by at least 30 feet, except that when the windows of living areas and patios, decks and terraces face each other, they shall be separated by at least 85 feet. This distance may be reduced to 60 feet when a vision obscuring wall, fence or landscaping is provided between the mutually visible spaces.
(e) Maximum Building Height. The height of principal buildings shall not exceed 35 feet and accessory buildings shall not exceed 15 feet.
(f) Minimum Floor Area of Dwelling Units. The minimum floor area for a dwelling unit shall be not less than specified below. For attached single-family units, townhouse units and apartment units, measurements shall be made to the center line of party walls. All areas within garages, porches, public hallways and general storage rooms in apartment dwellings shall be excluded from this measurement.
(1) Single-Family - attached or detached units: 960 square feet per dwelling unit.
(2) Two-Family: 960 square feet per dwelling unit.
(3) Townhouse: 960 square feet per dwelling unit.
(4) Apartment: 500 square feet per dwelling unit plus 150 square feet for each bedroom over one.
(g) Senior Citizen Apartments. For a multi-family development which is intended to be exclusively devoted to Senior Citizen Apartments, the minimum dwelling unit floor area shall be 500 square feet provided that to qualify as a senior citizen apartment development the applicant shall present documentation to the satisfaction of the Law Director that ensures that the multi-family dwelling units are constructed for and perpetually reserved for senior citizen apartments.
(h) Open Space Requirements. A minimum of 20 percent of the total area in a proposed multi-family development shall be devoted to public and/or private open space, preservation areas, recreational areas, or recreational facilities.
(1) Land area devoted to parking areas, land fragments between two or more buildings and between buildings and parking areas, and required yards between property lines and buildings and between property lines and parking areas shall not be included as open space.
(2) The required amount of open space shall either be: held in corporate ownership by owners of the project area, for the use of residents within the development; dedicated to a homeowners' association who shall have title to the land which shall be retained as common open space for parks, recreation and related uses; or offered for dedication to the City for perpetual preservation as a natural area or public recreational use.
(3) The legal articles relating the organization of the homeowners association are subject to review and approval by the Planning Commission and Council and shall provide adequate provisions for the perpetual care and maintenance of all common areas.
(4) Public utility and similar easements and rights-of-way are not acceptable for common open space dedication unless such land or right-of-way is useable as a trail or similar purpose and has been approved by the Planning Commission.
(5) The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.
(6) Such open space, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the development plan.
(i) Requirements for Public Sites. Regardless of the facilities, sites or open space area to be privately or commercially owned and operated, the developer shall provide land for public sites, public parks and/or playgrounds, or public open space as set forth in Section 1185.03.
(j) Landscaping and Screening Requirements. A multi-family development shall provide and maintain the following landscaping and screening standards:
(1) Front Yard Landscaped Strip.A strip 40 feet wide immediately adjacent to any street right-of-way and running the width of the site (except for vehicular entrances and exits) shall be planted, landscaped and maintained in a neat and orderly fashion. No other uses, including parking, shall be permitted in this strip.
(2) Side and Rear Yard Screening.A strip of land at least 10 feet in width and running the length of every side and rear yard shall be landscaped and planted for screening purposes and shall be devoid of all other uses, including parking. The total side and rear yard width shall be maintained in a neat and orderly fashion.
(3) Screening and Landscaping of Parking Lots. Perimeter and interior landscaping of parking lots shall be provided in conformance with the regulations set forth in Section 1181.10(i).
(k) Required Parking. Parking spaces shall be provided in accordance with the requirements and design standards set forth in Chapter 1181.
(l) Lighting Standards. All exterior lighting used to illuminate all off-street parking areas, open space, signs or building exteriors shall be so arranged as to shield adjoining properties or streets from direct rays of light. Further, indirect rays of light shall be shielded so as not to exceed an intensity of illumination greater than the following:
(1) A light with no protective shield shall be no higher than 10 feet and shall have a maximum illumination, measured at the lot line at ground level, of .20 candlepower.
(2) A light with a protective shield, which ensures that the light will not shine directly above a line parallel to the ground extended from the point of the light source nearest the ground, shall be no higher than 20 feet with a maximum illumination, measured at the lot line ground level, of .30 candlepower.
(m) Accessory Buildings. Accessory buildings may be located between a principal building and a side lot line an a rear lot line provided the screening requirements set forth in Section 1169.05(j)(2) are complied with. Accessory buildings shall not be located in a front yard.
(o) Additional Standards. Additional site specific development requirements formulated to achieve the objectives of these regulations shall be established at the time the site plan and the conditional use request are reviewed. Any dimensional specifications adopted with such plan become binding land use requirements for the proposed multi-family development.
(Ord. 2007-222. Passed 1-10-08.)
1169.06 SUPPLEMENTAL REQUIREMENTS.
All multi-family developments shall comply with the following supplemental requirements:
(a) The architectural design of dwellings in a multi-family development should be developed with consideration given to the relationship of adjacent development in terms of building height, mass, texture, line, pattern, and character.
(b) Building sites, parking and service areas, driveway locations, drainage facilities, and other improvements shall be developed with consideration given to minimizing the removal of trees, changes of topography and other factors which will affect the existing character of the street.
(c) Maximum visual and auditory privacy for surrounding properties and occupants shall be provided through the design of the relationship among buildings, fences and walls, landscaping, topography, and open space.
(d) Screening of parking areas and service areas from surrounding properties and streets shall be provided through landscaping or ornamental walls or fences to promote harmony with adjacent development and lands. Materials used in any ornamental wall or fence shall be compatible with the character of the proposed development and adjoining properties.
(e) On-site traffic circulation shall be designed to make possible adequate fire and police protection and to minimize interference with the traffic carrying capacity of adjacent streets.
(f) Refuse storage and pickup facilities shall be indicated on the site plan and shall be fenced, screened, or landscaped to prevent the blowing or scattering of refuse and to provide an adequate visual barrier from locations both on and off site.
(g) Grading and surface drainage provisions shall be designed to minimize adverse effects on abutting properties, stream and public streets, and to minimize the possibility of erosion. To as great a degree as possible increased storm water to be generated by the proposed development shall be detained on site. Such grading plans shall be reviewed and approved by the City Engineer. The costs of any unusual means necessary to alleviate surface drainage problems on adjacent property due to the development in question shall be borne by the developer of the property causing the problem.
(h) In the event the developer at any time elects to declare all or any of the units herein authorized as condominium property, as that term is defined in Ohio R.C. Ch. 5311, he/she shall first submit the declaration and information required by Ohio R. C. 5311.05 to the law director for his approval in writing prior to recording in the office of the county recorder. The developer shall submit to the Planning Director for his approval, in writing, the bylaws of the unit owners association as required by Ohio R.C. 5311.08.
(i) Common Ownership.
(1) Before a zoning certificate or building permit is issued for the construction of a multi-family group development, where two or more buildings are to be grouped on one parcel or land, the owner of that parcel shall be bound by a covenant running with the land, approved by the law director, that so long as any such buildings, or part thereof, are upon that parcel of land, the parcel on which the group is erected shall remain in one parcel.
(2) The developer shall not subdivide the parcel or remove the same from common ownership without first obtaining the express permission of the Planning Commission and Council. Should division of ownership be made without such prior approval it shall be grounds for the revocation of this authority since this permission is granted upon the concept of the land and development and considered as a single entity.
(j) There shall be one centralized television antenna per building.
(Ord. 2007-222. Passed 1-10-08.)
1169.07 REQUIRED PUBLIC IMPROVEMENTS.
(a) All existing and newly dedicated roads are to be completely improved, including sidewalk construction, curbs, gutters, and storm sewers, subject to the approval of the City Engineer. The developer shall install, at his cost, and dedicate in accordance with City specifications, all public roads and rights-of-way within the development. However, the City shall accept the same only upon their final construction and a recommendation of acceptance by the City Engineer and the director of public service.
(b) The developer shall be required to post one performance bond to secure the construction of any and all improvements as required within the public right-of-way, in accordance with Section 901.04(d), and pay all applicable permit fees listed in Chapter 901 et seq. The bond shall remain in full force and effect until the improvements are constructed according to standards acceptable to the City and until the improvements are approved by the City Engineer and the director of public service. Further, when application is made for building permits the bond shall be executed by the developer and a commercial surety or, in lieu thereof, the developer may post cash in a form satisfactory to the law director so as to fully indemnify the City.
(Ord. 2007-222. Passed 1-10-08.)
1169.08 PROCEDURES.
A proposal for a multi-family development shall comply with the administrative provisions set forth in Section 1137.04 for Conditional Uses and additionally with the following procedures:
(a) Site Plan Review, Approval and Conformance. A site plan shall be required for each multi-family development in order to evaluate a project's compatibility with the surrounding land uses, its compliance with these regulations and its conformance with the Comprehensive Plan.
(1) All residential uses proposed to be developed, expanded, modified or otherwise established as part of a multi-family development shall be permitted and zoning certificates issued only after site plans, as specified in Section 1137.03, have been approved by the Planning Commission and Council.
(2) Architectural, engineering, or construction information sufficient to give a clear understanding of the proposal and including front-, side- and rear- view renderings, shall be included with the submission of the site plans. A description of the proposed development or operation shall be provided in sufficient detail to indicate possible impacts on adjacent properties and the surrounding area.
(3) The site plan shall show the total plan for development and indicate the phases of development.
(b) Significance Of An Approved Plan. An approved site plan shall become a binding commitment for the development of the specific elements approved for development. The approved site plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. If there is any such transfer or change in ownership, the new ownership entity shall submit to Council and Council shall find that the new ownership entity will satisfy the administrative, financial, legal and all other performance guarantees approved with the original site plan.
(c) Changes to An Approved Plan. All construction and development under any building permit shall be in accordance with the approved site plan. Any departure from the approved plans shall be cause for revocation of the conditional zoning certificate. Any changes in approved plans shall be resubmitted for approval in accordance with these multi-family development regulations.
(Ord. 2007-222. Passed 1-10-08.)
1171.01 PURPOSE.
Multi-family dwellings may be conditionally permitted in a C-7 Office/Multi-family District in accordance with the standards and regulations set forth in this Code. These regulations are intended to encourage multi-family dwellings in specific locations of Stow identified in the Comprehensive Plan in order to achieve the following objectives:
(a) To allow creativity and variety in design as necessary to implement the various goals and objectives set forth in the Comprehensive Plan;
(b) To provide development options that are compatible with the C-7 goal of creating an "Office Park" environment along the Route 8 Corridor;
(c) To promote economical and efficient use of land through unified development;
(d) To protect adjacent lower density residential areas by requiring buffer areas between single-family dwellings and multi-family dwellings;
(e) To ensure that all multi-family development complies with these objectives by requiring a site plan and establishing a review process to ensure that all development is consistent with the approved plan.
(Ord. 2007-222. Passed 1-10-08.)
1171.02 LOCATION AND APPROVAL CRITERIA.
As a conditional use, multi-family dwellings shall only be permitted on specific parcels that comply with the following criteria:
(a) Location criteria. Lots shall meet the following conditions regulating the location of multi-family dwellings:
(1) Shall have direct vehicular access to Steels Corners Road, Hudson Drive or Graham Road.
(2) Shall be located in areas that are removed from or where there will be minimal impact on existing single-family development.
(3) Shall be located at the edges of the C-7 district when the district abuts a more restrictive zoning district so that the multi-family development serves as a transitional use.
(4) The nearest edge of the property shall be located a minimum of 1,000 feet from an interchange right-of-way in order to reserve such locations for office development.
(b) Other Approval Criteria. In addition to the general review criteria for conditional uses set forth in Section 1161.02, the Planning Commission and Council shall review a proposed multi-family development giving particular consideration to the following:
(1) Buildings within the proposed development shall be located so as to reduce any adverse influences and to protect the character of areas both within and adjacent to the multi-family development;
(2) Diversity and originality in individual building design shall be encouraged to achieve the best possible relationship between development and the land;
(3) Units and buildings shall be designed and grouped in such a way that natural features are preserved and site grading minimized;
(4) The proposed development is located and designed in a manner that the development, or any phase of the development, will not isolate existing residential uses;
(5) The bulk and height of buildings within the proposed development are compatible with the surrounding development;
(6) Significant buffer zones with adequate landscaping shall be provided between the proposed multi-family dwellings and adjacent development;
(7) Roadway systems, service areas, parking areas, entrances, exits, and pedestrian walkways within the multi-family development shall be so designed as to have access to public streets without creating traffic hazards or congestion;
(8) The layout of parking areas, service areas, entrances, exits, yards, courts, landscaping, signs, lighting, and other potentially adverse influences shall be designed and located to protect the character within and adjacent to the multi-family development.
(Ord. 2007-222. Passed 1-10-08.)
1171.03 PERMITTED USES.
As part of a multi-family development in a C-7 District, the following uses and dwelling types shall be permitted:
(a) Cluster single-family dwellings provided no more than 50 percent of the total units in the multi-family development are detached units;
(b) Attached single-family dwellings with a maximum of four units attached;
(c) Two-family dwellings;
(d) Townhouses;
(e) Apartments;
(f) Accessory recreational and community facilities for use by the residents of the multi-family development.
(Ord. 2007-222. Passed 1-10-08.)
1171.04 MINIMUM LAND AREA.
The gross area of a tract of land proposed to be developed for multi-family purposes shall be no less than five acres to ensure that each project creates an appropriate residential environment. The area proposed shall be in one ownership or, if in several ownerships, the application shall be filed jointly by all the owners of the properties included in the plan.
(Ord. 2007-222. Passed 1-10-08.)
1171.05 DEVELOPMENT STANDARDS.
(a) Coverage. The total ground floor area of principal buildings in a multi-family development shall cover no more than 25 percent of the total site area.
(b) Density. The density of a multi-family development shall not exceed 15 dwelling units per acre. The total number of units permitted shall be calculated by multiplying the total land area, exclusive of public streets existing at the time the site plan is submitted, by the density permitted per acre. The Planning Commission and Council may approve specific conditional increases in the permitted density as provided further in this section for providing additional open space and recreational facilities.
(c) Distance from Streets. All principal and accessory buildings shall be set back from:
(1) A public right-of-way a distance not less than 80 feet.
(2) Private streets, parking lots, and other primary vehicular accessways a distance not less than 20 feet, except that detached garages may be adjacent to parking lots.
(d) Distance from Property Lines. All principal buildings in a multi-family development shall be located no closer than 80 feet to a public right-of-way, and no closer than 30 feet to any other property line except that when a proposed multi- family abuts a residential district, principal buildings shall be located no less than 60 feet from the property line forming the common boundary.
(e) Minimum Spacing Between Dwellings. In order to ensure reasonable privacy and separation, individual buildings including terraces, decks, and patios shall be separated by at least 30 feet, except that when the windows of living areas and patios, decks and terraces face each other, they shall be separated by at least 85 feet. This distance may be reduced to 60 feet when a vision obscuring wall, fence or landscaping is provided between the mutually visible spaces.
(f) Maximum Building Height. The height of principal buildings shall not exceed 60 feet and accessory buildings shall not exceed 15 feet.
(g) Minimum Floor Area of Dwelling Units. The minimum floor area for a dwelling unit shall be not less than specified below. For attached single-family units, townhouse units and apartment units, measurements shall be made to the center line of party walls. All areas within garages, porches, public hallways and general storage rooms in apartment dwellings shall be excluded from this measurement.
(1) Single-Family - attached or detached units: 960 square feet per dwelling unit.
(2) Two-Family: 960 square feet per dwelling unit.
(3) Townhouse: 960 square feet per dwelling unit.
(4) Apartment: 500 square feet per dwelling unit plus 150 square feet for each bedroom over one.
(h) Senior Citizen Apartments. For a multi-family development which is intended to be exclusively devoted to Senior Citizen Apartments, the minimum dwelling unit floor area shall be 500 square feet provided that to qualify as a senior citizen apartment development the applicant shall present documentation to the satisfaction of the Law Director that ensures that the multi-family dwelling units are constructed for and perpetually reserved for senior citizen apartments.
(i) Open Space Requirements. A minimum of 20 percent of the total area in a proposed multi-family development shall be devoted to public and/or private open space, preservation areas, recreational areas, or recreational facilities.
(1) Land area devoted to parking areas, land fragments between two or more buildings and between buildings and parking areas, and required yards between property lines and buildings and between property lines and parking areas shall not be included as open space.
(2) The required amount of open space shall either be: held in corporate ownership by owners of the project area, for the use of residents within the development; dedicated to a homeowners' association who shall have title to the land which shall be retained as common open space for parks, recreation and related uses; or offered for dedication to the City for perpetual preservation as a natural area or public recreational use.
(3) The legal articles relating the organization of the homeowners association are subject to review and approval by the Planning Commission and Council and shall provide adequate provisions for the perpetual care and maintenance of all common areas.
(4) Public utility and similar easements and rights-of-way are not acceptable for common open space dedication unless such land or right-of-way is useable as a trail or similar purpose and has been approved by the Planning Commission.
(5) The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.
(6) Such open space, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the development plan.
(j) Requirements for Public Sites. Regardless of the facilities, sites or open space area to be privately or commercially owned and operated, the developer shall provide land for public sites, public parks and/or playgrounds, or public open space as set forth in Section 1185.03.
(k) Landscaping and Screening Requirements. A multi-family development shall provide and maintain the following landscaping and screening standards:
(1) Front Yard Landscaped Strip. A strip 40 feet wide immediately adjacent to any street right-of-way and running the width of the site (except for vehicular entrances and exits) shall be planted, landscaped and maintained in a neat and orderly fashion. No other uses, including parking, shall be permitted in this strip.
(2) Side and Rear Yard Screening. A strip of land at least 10 feet in width and running the length of every side and rear yard shall be landscaped and planted for screening purposes and shall be devoid of all other uses, including parking. When a development abuts a residential district the landscaped strip shall be no less than 30 feet in width along the entire length of the common border. The total side and rear yard landscaped area shall be maintained in a neat and orderly fashion.
(3) Screening and Landscaping of Parking Lots. Perimeter and interior landscaping of parking lots shall be provided in conformance with the regulations set forth in Section 1181.10(i).
(l) Required Parking. Parking spaces shall be provided in accordance with the requirements and design standards set forth in Chapter 1181.
(m) Accessory Buildings. Accessory buildings may be located between a principal building and a side lot line an a rear lot line provided the screening requirements set forth in Section 1171.05(k)(2) are complied with. Accessory buildings shall not be located in a front yard.
(o) Additional Standards. Additional site specific development requirements formulated to achieve the objectives of these regulations shall be established at the time the site plan and the conditional use request are reviewed. Any dimensional specifications adopted with such plan become binding land use requirements for the proposed multi-family development.
(Ord. 2007-222. Passed 1-10-08.)
1171.06 SUPPLEMENTAL REQUIREMENTS.
All multi-family developments shall comply with the following supplemental requirements:
(a) The architectural design of dwellings in a multi-family development should be developed with consideration given to the relationship of adjacent development in terms of building height, mass, texture, line, pattern, and character.
(b) Building sites, parking and service areas, driveway locations, drainage facilities, and other improvements shall be developed with consideration given to minimizing the removal of trees, changes of topography and other factors which will affect the existing character of the surrounding area.
(c) Maximum visual and auditory privacy for surrounding properties and occupants shall be provided through the design of the relationship among buildings, fences and walls, landscaping, topography, and open space.
(d) Screening of parking areas and service areas from surrounding properties and streets shall be provided through landscaping or ornamental walls or fences to promote harmony with adjacent development and lands. Materials used in any ornamental wall or fence shall be compatible with the character of the proposed development and adjoining properties.
(e) On-site traffic circulation shall be designed to make possible adequate fire and police protection and to minimize interference with the traffic carrying capacity of adjacent streets.
(f) Refuse storage and pickup facilities shall be indicated on the site plan and shall be fenced, screened, or landscaped to prevent the blowing or scattering of refuse and to provide an adequate visual barrier from locations both on and off site.
(g) Grading and surface drainage provisions shall be designed to minimize adverse effects on abutting properties, stream and public streets, and to minimize the possibility of erosion. To as great a degree as possible increased storm water to be generated by the proposed development shall be detained on site. Such grading plans shall be reviewed and approved by the City Engineer. The costs of any unusual means necessary to alleviate surface drainage problems on adjacent property due to the development in question shall be borne by the developer of the property causing the problem.
(h) In the event the developer at any time elects to declare all or any of the units herein authorized as condominium property, as that term is defined in Ohio R.C. Ch. 5311, he/she shall first submit the declaration and information required by Ohio R.C. 5311.05 to the law director for his approval in writing prior to recording in the office of the county recorder. The developer shall submit to the Planning Director for his approval, in writing, the bylaws of the unit owners association as required by Ohio R.C. 5311.08.
(i) Common Ownership.
(1) Before a zoning certificate or building permit is issued for the construction of a multi-family group development, where two or more buildings are to be grouped on one parcel or land, the owner of that parcel shall be bound by a covenant running with the land, approved by the law director, that so long as any such buildings, or part thereof, are upon that parcel of land, the parcel on which the group is erected shall remain in one parcel.
(2) The developer shall not subdivide the parcel or remove the same from common ownership without first obtaining the express permission of the Planning Commission and Council. Should division of ownership be made without such prior approval it shall be grounds for the revocation of this authority since this permission is granted upon the concept of the land and development and considered as a single entity.
(Ord. 2007-222. Passed 1-10-08.)
1171.07 CONDITIONAL DENSITY INCREASES.
To further encourage a self-contained, high quality residential environment, the density of a multi-family development in a C-7 District may be increased in compliance with the criteria set forth below:
(a) By up to 2.5 additional units per acre if the project includes major recreational facilities such as but not limited to a club, tennis court, or swimming pool, occupying at least two-tenths of a square foot of land area for each square foot of floor area in the principal buildings;
(b) By 2.5 additional units per acre for each additional 10 percent of open space provided above that required in Section 1171.05(i);
(c) The maximum density after applicable bonuses have been awarded shall not exceed 20 dwelling units per acre.
(Ord. 2007-222. Passed 1-10-08.)
1171.08 REQUIRED PUBLIC IMPROVEMENTS.
(a) All existing and newly dedicated roads are to be completely improved, including sidewalk construction, curbs, gutters, and storm sewers, subject to the approval of the City Engineer. The developer shall install, at his cost, and dedicate in accordance with City specifications, all public roads and rights-of-way within the development. However, the City shall accept the same only upon their final construction and a recommendation of acceptance by the City Engineer and the Director of Public Service.
(b) The developer shall be required to post performance bonds to secure the construction of any and all improvements as required within the public right-of-way, and pay all applicable permit fees. The bond shall remain in full force and effect until the improvements are constructed according to standards acceptable to the City and until the improvements are approved by the City Engineer and the director of public service. Further, when application is made for building permits the bond shall be executed by the developer and a commercial surety or, in lieu thereof, the developer may post cash in a form satisfactory to the law director so as to fully indemnify the City.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)
1171.09 PROCEDURES.
A proposal for a multi-family development shall comply with the administrative provisions set forth in Section 1137.04 for Conditional Uses and additionally with the following procedures:
(a) Site Plan Review, Approval and Conformance. A site plan shall be required for each multi-family development in order to evaluate a project's compatibility with the surrounding land uses, its compliance with these regulations and its conformance with the Comprehensive Plan.
(1) All residential uses proposed to be developed, expanded, modified or otherwise established as part of a multi-family development shall be permitted and zoning certificates issued only after site plans, as specified in Section 1137.03, have been approved by the Planning Commission and Council.
(2) Architectural, engineering, or construction information sufficient to give a clear understanding of the proposal and including front-, side- and rear- view renderings, shall be included with the submission of the site plans. A description of the proposed development or operation shall be provided in sufficient detail to indicate possible impacts on adjacent properties and the surrounding area.
(3) The site plan shall show the total plan for development and indicate the phases of development.
(b) Significance Of An Approved Plan. An approved site plan shall become a binding commitment for the development of the specific elements approved for development. The approved site plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. If there is any such transfer or change in ownership, the new ownership entity shall submit to Council and Council shall find that the new ownership entity will satisfy the administrative, financial, legal and all other performance guarantees approved with the original site plan.
(c) Changes to An Approved Plan. All construction and development under any building permit shall be in accordance with the approved site plan. Any departure from the approved plans shall be cause for revocation of the conditional zoning certificate. Any changes in approved plans shall be resubmitted for approval in accordance with these multi-family development regulations.
(Ord. 2007-222. Passed 1-10-08.)
1173.01 PURPOSE.
(a) Gas and oil wells shall be permitted only under the following conditions and such other conditions as determined by the City to be necessary to safeguard the health, safety, and welfare of the community.
(b) These regulations are established to conditionally permit the drilling of gas and oil wells in the industrially and certain commercially and residentially zoned areas of the City, and to prescribe, in accordance with, and as a complement to, Ohio R.C. Ch. 1509, the minimum standards and requirements to make the drilling, fracturing, production, termination, and removal of the wells as safe and compatible as possible with other land uses and activities in the City. The Planning Commission is herewith given full authority to make such recommendations as deemed necessary to give full force and effect to the purpose and requirements expressed herein and Council is herewith given final authority to impose such conditions as it shall deem necessary to give full force and effect to the purpose and requirements expressed herein. An appropriate application and compliance with the purpose and requirements of these regulations and all other applicable sections of the City's Codified Ordinances shall be within the discretion of Council, and no such determinations shall serve as precedent to any other application. Each application shall rest solely upon its merit and the prudent use of discretion by Council. All provisions of these regulations shall apply to the proposed well site and drill unit property owner(s), heirs, executors, or assigns, and to the well drilling and production firms, partnerships, associations or corporation and their successors and assigns.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)
1173.02 PERMIT REQUIRED.
(a) No person shall commence to drill a well for gas, oil or other hydrocarbons within the corporate boundaries of the City until compliance has been made with all provisions of this chapter and all other applicable sections of this Code and other City regulations, and a conditional use certificate has been authorized by resolution of Council and a permit issued by the building department.
(b) A conditional use certificate shall be granted for a one year period and shall expire unless actual drilling has commenced within one year of the issuance date.
(c) No person shall be permitted to drill more than two wells at any one time, and no more than two conditional use certificates shall be issued to the same property owner or drilling company at any one time. No property owner or drilling company shall have more than two valid conditional use certificates for drilling gas or oil wells issued for which the wells have not yet been drilled. Application for the third certificate or any subsequent certificates, may be made upon the completion of the drilling of the first, second and each numerically subsequent well. Compliance with the purpose and requirements of these regulations in the drilling and/or production of previous wells shall be part of the basis for reviewing applications for subsequent wells.
(Ord. 2007-222. Passed 1-10-08.)
1173.03 PERMIT APPLICATION AND FEE.
(a) Any property owner, person, company or corporation desiring to drill a well for gas, oil or other hydrocarbon within the corporate boundaries of the City shall make application for a conditional use certificate to the Planning Commission.
(b) All requests for certificates shall be accompanied by a completed application, all required information, and a fee in the amount established by ordinance for each well. No refund of any part of a certificate application fee shall be made to an applicant in cases of a denial of a certificate by the City or to a certificate holder in the case of a dry hole or for failure to exercise the privilege to drill upon the site covered by the certificate.
(Ord. 2007-222. Passed 1-10-08.)
1173.04 EASEMENTS WITHIN CITY PROPERTY; FEES.
No holder of a conditional use certificate shall, without the express consent of Council, be authorized to locate gas lines or other structures or appurtenances associated with oil or gas wells within any public property. In the event that Council grants easement to any such conditional use certificate holder, the fee for such utilization of such property shall be established by ordinance. In addition thereto, any such permission shall contain a requirement that a bond in the amount established by the service director for restoration of the property where the line is located; a requirement that the holder shall landscape any metering, processing or other equipment areas associated with the gas line and/or wells; a requirement of a minimum line depth of 30 inches; and a requirement that the applicant post with the City, for the duration of the lines' existence in the public right-of-way, evidence of insurance, satisfactory to the City, for property damage and personal injury, which insurance will remain in effect for the use-life of the pipeline. If any gas/oil lines interfere with other public utilities servicing City right-of-ways, these gas/oil lines shall be relocated at the owner's expense.
(Ord. 2007-222. Passed 1-10-08.)
1173.05 LOCATIONAL OBJECTIVES AND CRITERIA.
As a basis for assuring that gas and oil wells and any associated equipment will be of minimum hazard to and compatible with surrounding development, the location, evaluation and approval of a proposed well site and associated production and processing equipment site shall be based upon the following criteria:
(a) Preference will be given to sites proposed in existing industrially zoned areas.
(b) Proposed sites will be considered from the perspective of both existing and future development and should not be located so as to be potentially detrimental to the future use and development of the parcel(s) upon which the well is to be located or of any adjoining parcels.
(c) No gas well shall be located within 100 feet of an electrical power line or transmission line of any public or private utility line.
(d) All future residential buildings to be constructed in the vicinity of a well or production and processing equipment shall be located at least 200 feet from any existing well(s) or associated equipment (excluding transmission lines); proposed residential developments shall be designed so that all future residential dwellings shall be located at least 200 feet from any existing well(s) or production and processing equipment (excluding transmission lines).
(e) No drilling for oil and/or gas wells and no associated production or processing equipment (excluding transmission lines) shall be permitted within 500 feet of any existing school, church, hospital, theater or assembly hall, as these terms are defined by the Ohio Revised Code or this Code, regardless of the zoning district, except as otherwise provided herein.
(f) Sites proposed in non-industrial zoning districts may be considered and may be approved if the proposed well location and associated production and processing site are determined to be in compliance with the following requirements:
(1) Sites shall be selected which will utilize and/or maximize the potential screening and shielding effects of existing topographic, vegetative, and man-made conditions for existing or proposed residential development;
(2) Sites shall not be located inside of, or closer than 500 feet to the property lines of an existing major residential subdivision or neighborhood of 20 or more platted or unplatted lots upon which more than 50 percent of the existing lots have residential dwellings;
(3) Sites shall not be located inside of, or closer than 500 feet to the boundaries of an existing cluster, PUD, PRD or multi-family development approved for 20 or more dwellings of which more than 50 percent are constructed.
(4) Sites shall not be located in areas which will necessitate the use of minor residential streets for well drilling, production and service vehicles, and equipment access during the drilling, fracturing and production of the well; and
(5) Sites shall not be located in areas of unique, unusual, or significant natural characteristics which could be permanently or irreparably damaged or which could have their recreational, open space, natural area use, or aesthetic value significantly reduced.
(g) No site which is to be utilized for the processing of sour gas shall be located within 1,000 feet of an existing residence.
(h) In the case of particular proposals for well locations or sites for the associated production and processing equipment, where strict compliance with the foregoing criteria and requirements may be a handicap or an excessive burden to the use of the property and where no undue hazard will be created, requirements and degrees of compliance may be reduced or modified at the discretion of Council after due consideration of the special conditions by Planning Commission and Council.
(i) Planning Commission and Council shall have the right to consider any and all special features or conditions they may consider important in determining whether or not an undue hazard is created and may require such other additional conditions they may find necessary for the achievement of the objectives of this section or other sections of this Code.
(Ord. 2007-222. Passed 1-10-08.)
1173.06 SUBMISSION REQUIREMENTS.
In lieu of the requirements of Section 1137.03(c), the following information shall be submitted as part of the application:
(a) Completion of Application Form. Application forms are available in the Planning Department and shall be completed by the applicant. Owner(s) of all properties contained in the drill unit and the drilling company are to be identified on the application form and shall sign the form.
(b) Compliance with General Conditional Use Criteria. The applicant shall submit a statement supported by substantiating evidence regarding the requirements enumerated in Section 1161.02.
(c) Site Plan and Vicinity Map Requirements. Each application for a conditional use certificate for well drilling shall be accompanied by a site plan and vicinity map of the area involved in the application drawn to scale and showing thereon.
(1) The current lot lines of all abutting properties and other properties within 500 feet of the proposed well drill unit.
(2) The current locations, dimensions and use of all buildings and structures within 500 feet of the proposed well and associated producing and processing equipment locations.
(3) The proposed locations of the well and all associated appliances and facilities such as wellhead, piping, separators, scrubbers, tank batteries, access roads, dikes, fences and the like.
(4) The proposed landscaping, screening, and restoration plans, including professional estimates as to the costs of plant materials and construction.
(5) The names and addresses of all owners of property partly or fully included within a radius of 1,200 feet of the proposed well and associated equipment site(s).
(6) The proposed location of pipelines to be utilized to transmit the gas and/or oil to off-site locations and facilities to be established at the receiving facility location(s).
(7) A schematic of all pipelines, connections and shut-off valves for emergency purposes; the schematic shall be modified and resubmitted to the City for emergency purposes at any time that a change in equipment or facilities occurs.
(8) Specific plans for the removal, disposal methods and disposal site of all spoils, salt water and other residues and waste materials resulting from the drilling, fracturing or production of the well.
(d) Performance Guarantees. At the time of approval, $2,000, or equivalent bond, shall be deposited with the zoning inspector to serve as a financial guarantee for the compliance with the requirements of this subchapter and other applicable sections of the City's regulations. Such guarantee shall not only be conditioned upon compliance by the applicant, but also upon compliance with these requirements by any assignee and owner of any conditional use certificate for drilling granted under these regulations, or by any employee, contractor, subcontractor or other party performing services in connection with any certificate. Guarantees shall be released upon completion of all restoration, landscaping and facilities as identified on the plans approved by Council. Completion shall be determined by the Zoning Compliance Officer after inspection of the facilities and site.
(e) Easements or Options. Copies of easements or options for easements shall be submitted with the application for all pipelines, production and processing equipment and access drives where all such facilities are to cross properties not included as part of the drill site or drill unit.
(f) Emergency Information. In order that some responsible person may be reached at any time in the event of an emergency, the name, address and telephone numbers of the persons responsible for the ownership, operation and all maintenance of each drilled well, whether capped, temporarily out of production, not yet fractured, or in production, located within the City, shall be furnished to the director of public safety, service director, police department and fire department. This information shall include the street location and state permit number and name of the well. The fire chief shall prepare a list of such names, addresses and well information and shall keep the list posted in a conspicuous place in the police and fire departments for ready reference.
(g) State Permits Required. Applications for a conditional use certificate for drilling shall be considered by the Planning Commission and Council only when the application includes a copy of a currently valid permit issued by the Ohio Department of Natural Resources, Division of Oil and Gas.
(h) Consents from Residents Within 500 Feet. All applications for a drilling certificate shall be accompanied by written consents of the owners and adult occupants of 51 percent or more of the residential dwellings partly or fully included within a radius of 500 feet from the proposed well location as identified on the state required well location survey. The consents shall plainly state that the persons whose signatures are affixed thereto do hereby acknowledge the well drilling proposal as contained in the application and are not opposed to the drilling of a well for oil or gas on the site as proposed in the application for the conditional use certificate. Owners or adult occupants of the residential dwellings partly or fully included within a radius of 500 feet from the proposed well location and who meet any of the following criteria shall not be permitted to object, but shall be deemed to have given his written consent, under the provisions of this section, to the drilling of an oil or gas well on the proposed site:
(1) The person has leased his property for drilling gas or oil;
(2) The person, his lessee, contractor, or agent has signed and filed an application for a state or local permit to drill for oil or gas on his property;
(3) The person has signed and delivered a written assent under this section to another application for a certificate to drill a gas or oil well;
(4) The person has unitized his property by entering into a community lease or other agreement for drilling a gas or oil well.
(i) Waivers from Residents Within 200 Feet. In addition to the consents required in subsection (h) above, no drilling shall be permitted for oil or gas wells within 200 feet of any existing building or structure of any nature unless written waivers as herein specified accompany an application for a drilling certificate:
(1) The owners and adult occupants of any building or structure which are located within 200 feet of the proposed well, as located on the well location survey, must waive, in writing, the distance set forth in the proposal. The owners or occupants may waive down to a minimum distance of 100 feet without the necessity of vacating, or causing to be vacated, any buildings or structures during drilling operations.
(2) The owners and adult occupants of any buildings or structures of any nature may consent to drilling for oil and gas closer than 100 feet to such buildings or structures, but, in such cases, the Planning Commission and Council shall consider special features affecting the application for a conditional use certificate, such as topographical conditions, nature of occupancy, and proximity of buildings on the abutting property, facilities available at the fire department to cope with controlling liquid and gas fires, and such other matters as the Planning Commission and Council shall deem relevant to the application. Should the Planning Commission and Council, upon considering such special features, find that an undue hazard is created, then irrespective of waivers being provided, as specified in this section, Council may refuse to authorize a conditional use certificate. Such denial and the undue hazard upon which the denial is based, shall be recorded in the minutes of the Planning Commission or Council.
(3) Where the owners and adult occupants of any buildings or structures which are closer than 200 feet to a proposed well have waived in writing, at any time, the distance requirement provided in this section for any proposed gas or oil drilling site, then such property owners and occupants shall be deemed to have waived the distance requirement provided for in this section down to the same distance that such party waived for the other proposed drilling site or to the distance that a gas or oil well was actually drilled, whichever is smaller.
(4) All distances, as set forth in this section, shall be those distances as measured from the proposed well location as shown on the state required well location survey.
(j) Affidavit of Compliance or Exceptions. The applicant for a conditional use certificate for drilling shall be required to file with the application an affidavit stating that the applicant has complied with all conditions of this subchapter and other applicable requirements of this Code, or setting forth any exceptions thereto. Any false or erroneous statement in the affidavit shall be grounds to refuse to authorize a conditional use certificate to drill or shall be grounds to revoke a certificate already authorized or issued by the City.
(k) Brine Disposal Permit Required. Application for a conditional use certificate shall be considered by the Planning Commission and Council only when the application includes a copy of the applicant's registration certificate from the State of Ohio relating to brine disposal or a copy of a contract with a brine transporter possessing a registration certificate. In the event evidence is by way of a contract, a copy of the brine transporters registration certificate shall be attached thereto. In addition thereto, there shall be filed with the City a copy of the approved plan for brine disposal, evidence of endorsement on any liability insurance required therein of the City of Stow's status as an additional insured. The terms and provisions of House Bill 501, amending Sections 1509.01, 1509.02, 1509.03, 1509.04, 1509.05, 1509.06, 1509.07, 1509.72, 1509.08, 1509.11, 1509.13, 1509.22, 1509.23, 1509.24, 1509.31, 1509.33, 1509.40, and 1509.99 and to enact Sections 1509.061, 1509.222, 1509.223, 1509.224, 1509.225, and 1509.226 of the Ohio Revised Code, from its effective date shall govern the disposal of brine for all wells located within the City of Stow.
(Ord. 2007-222. Passed 1-10-08.)
1173.07 PROCEDURE AND GENERAL REQUIREMENTS.
All applicants for a conditional use certificate for gas or oil well drilling shall comply with the following procedures and requirements:
(a) Public Hearing and Notice. After the first reading, but before the third reading of the legislation granting a conditional use certificate, Council shall require the applicant to schedule a public hearing, the date and time of which shall be approved by Council, and the applicant shall cause all property owners whose properties abut the drill unit and residents within the City or neighboring municipalities, including the chief executive officer or elected officials of neighboring municipalities, within 1,200 feet of the well head to be notified of such hearing, in writing, all by regular mail. The public meeting must occur not less than three weeks prior to the commencement of drilling. The applicant shall file a list of addresses with the City for all residents notified and shall thereon note the time and place of hearing. In addition thereto, the applicant shall cause a final notice to be sent by regular mail, one week prior to the actual drilling, notifying the residents indicated of the day drilling operations will commence. Compliance with the hearing provision of this section shall be a mandatory condition precedent to the commencement of drilling under the conditional use certificate.
(b) Certificate Issuance: Liability Insurance. Upon the approval by a majority of Council that a conditional use certificate be granted, the Planning Director shall issue the certificate, including all conditions and terms specified by the Council.
(1) However, prior to such issuance, the City shall be provided with a policy or certificate of insurance covering the applicant's liability for property damage in an amount of not less than $500,000 and for personal injury in an amount not less than $1,000,000 which insurance policy or policies must be maintained for such period of time as drilling is in progress, the well is in operation or is producing oil or gas, or until such well is pulled and plugged as hereinafter provided. The insurance policies and the coverages thereunder must be in the complete satisfaction of the City and such policies may be rejected by the City for any valid reason. Such rejection of the insurance policies by the City shall serve to stay the granting of a conditional use certificate theretofore approved by it until such time as an insurance policy providing coverage entirely satisfactory to the City has been provided by the applicant.
(2) All applicants shall be required to prove that insurance policies required by this section provide coverage for all the items set forth in this section, including conditions where there is a blowout in the drilling of an oil or gas well and other conditions creating a need for liability coverage.
(3) The applicant shall be required to pay to the owners of any realty, crops, buildings, improvements, goods or chattels located in the area, any extra cost of insurance on the property imposed by reason of the granting of the conditional use certificate or the operations carried on thereunder, and any and all damages suffered by any person, persons, or corporation as to property within the City or adjacent communities from fire over and above the insurance collected thereon, or from oil, gas, or water caused by or originating from the operation connected with the well, and will hold the City free and harmless from any and all liability growing out of the granting of the conditional use certificate.
(c) Inspections; Certificate Revocation. The Zoning Compliance Officer, or duly authorized representative, shall have the authority, at any time other than a well operator indicated period of high hazard, to enter upon property where a well is in the process of being drilled, or upon a producing well site, for the purpose of inspecting the site, equipment and all other things necessary to assure compliance with the objectives and requirements of these regulations.
(1) The City landscape arborist, or duly authorized representative, shall have the authority, at any time other than a well operator indicated period of high hazard, to enter upon a property where a drilling site is contemplated, or upon a producing well site, for the purpose of inspecting the site for all landscaping necessary to assure compliance with the objectives and requirements of this subchapter.
(2) Failure to comply with any provisions of this section shall be grounds to refuse to issue a certificate to drill or shall be grounds to revoke a certificate already issued by the City. Revocation of a certificate shall remove all rights of the certificate holder to drill for oil or gas, to fracture the well, or to continue production until such time as the permittee takes steps to come into compliance with this section. Operations carried on by the certificate holder after revocation of the certificate shall constitute a violation of this section and shall be a misdemeanor punishable under the provisions of Section 1137.09.
(Ord. 2007-222. Passed 1-10-08.)
1173.08 SPECIFIC REQUIREMENTS.
All applicants for and holders of a conditional use certificate for gas and oil well drilling shall comply with the following specific requirements, which are deemed to be minimum specifications unless noted otherwise:
(a) Limits on Unitizing Properties. Any owner who has unitized any portion of his property by entering into a community lease or other agreement shall not share in any adjacent well production because of conflicting lease interests of such real estate caused by such real estate being in more than one unitized site. It is the express intention of this provision to prohibit an owner of property from unitizing identical property under more than one community lease or agreement.
(b) Drilling Equipment and Training of Crews.
(1) Rotary equipment. The drilling preparation used in wells drilled with rotary equipment shall be capable of sealing off each oil, gas, brine, or fresh water stratum above the producing horizon or objective formation and shall be capable of preventing blowouts and flows of salt or fresh water, in accordance with good well drilling practice. Rotary tools shall have the innermost string of casing equipped with a blowout preventer properly installed and tested prior to drilling into any formation likely to contain oil or gas.
(2) Cable tools. Wells drilled with cable tools shall have the innermost string of casing equipped with a high pressure master valve and control head and an oil saver, securely anchored by concrete, prior to drilling into any formation likely to contain oil or gas.
(3) Crews and equipment. All crews shall be trained in the operation of the blowout preventer, control head and related equipment, and all equipment to be used shall be in good condition. Sanitary toilet facilities shall be provided on the drill site for the drilling crew.
(c) Protection of Fresh Water Wells. It shall be the duty of the certificate holder to seal gas and oil wells to protect fresh water wells from salt water or other pollution or contamination in such proper manner as is in accordance with good practice. Both the certificate holder and driller shall establish contingency plans for the immediate furnishing of potable water to affected residents for such period as may be required to re-establish proper potability on any polluted or contaminated well or wells. Unless otherwise specified by Council or the building department, the requirement to provide such immediate water supply shall be limited to residents within 1,000 feet of the well head. The certificate holder and driller shall be jointly and severally responsible for the obligation to provide potable water, without cost to the residents receiving the water.
(d) Drainage Into Sewers, Water Courses and Surrounding Areas. No waste, sludge, water or effluents of any type, where an oil or gas well is being drilled, fractured, or is in production, shall in any manner, be emptied or drained into any storm or sanitary sewer, drainage course, water body, wetland, or any other area. All sludge and holding pits shall be lined and diked so that no waste, sludge, water or effluents are allowed to penetrate the soil or to run off and pollute any area outside of the dike. Disposal of all materials shall be in strict compliance with the provisions of the approved conditional use certificate and referenced plans and proposals.
(e) Storage Tanks and Production Equipment. In non-industrially zoned areas having two or more existing residences within 500 feet of the storage tanks and production equipment site, all storage tanks and other equipment shall not exceed a height of ten feet above the average grade outside the diked and fenced area. In any zoning district, the location of tank batteries and other production equipment shall meet the following locational and other criteria:
(1) In areas in which two or more wells are proposed for adjacent properties or drill units or are to be located within reasonable distances of one another, the storage tanks and processing equipment shall be consolidated on a single or as few sites as possible.
(2) Storage tanks and all other processing equipment shall be set back from all road rights-of-way at least 100 feet.
(3) Storage tanks, production facilities, and processing equipment shall have access drives of such quality, lengths, widths and locations to assure year- round access for service and emergency equipment and to minimize any potential conflict with traffic on existing and proposed roads.
(f) Diking of Storage Tanks. All gas and oil well storage tanks or groups of tanks situated within the corporate limits of the City shall be diked or other suitable means taken to prevent discharge of liquid from endangering adjoining property or reaching waterways. Each dike shall have a capacity of not less than that of the tank or tanks served by the enclosure and shall be completed prior to the initiation of production and processing through the enclosed facilities. All dikes shall be continuous with no openings for roadways and no residual opening shall remain as a result of piping passing through. All dikes shall be constructed of earth, clay, steel, masonry, or reinforced concrete so constructed to be watertight and afford adequate protection and, if of concrete or masonry, shall be properly reinforced and shall have footings below the frostline.
(g) Access to the Well Site. The certificate holder or well driller shall install a 40-foot long, 3/8-inch minimum walled steel culvert, ten inches in diameter or larger, as specified and approved by the City Engineer, or his designate, located in the roadside ditch or other location determined by the City Engineer, or his designate, at each entrance or exit to a proposed well site. This installation is to provide for a ground cushion and entrance pad at the road edge to prevent berm and roadway damage or destruction. Further, a gravel entry drive of not less than 100 feet in length by ten feet in width, and a gravel type and thickness as specified by the City Engineer, or his designate shall be laid out as a vehicle clean-up area to help reduce the amount of mud being carried onto the road right-of-way and pavement. This culvert and gravel entry drive shall be installed prior to the arrival of drilling equipment at the site and shall be maintained in an acceptable manner.
(h) Maintenance of Site and Streets. All certificate holders and well drillers shall use care in the set up, operation, and removal of drilling and fracturing equipment to keep the area around the drilling site free of mud which could be carried onto the public streets by any vehicle or other equipment used at the drilling site. Should any mud be carried onto public streets from a drilling site, the certificate holder shall be required to clean up the streets to the satisfaction of the City. The City shall have authority to require a certificate holder or driller to take specific steps to reduce mud at a given location. Failure of a certificate holder or driller to clean up the public streets to the satisfaction of the City, or failure to take specific steps to reduce mud at a given location, as requested by the City shall be grounds for revocation of the conditional use certificate, forfeiture of the bond posted under Section 1173.06(d), and shall further be a misdemeanor punishable under the provisions of Section 1137.09. If deemed necessary by the certificate holder, driller, zoning compliance officer, or City Engineer, suitable washing equipment shall be stationed at the road entry location and used to remove the loose mud from all vehicle tires and equipment prior to entry upon the public road right-of-way.
(i) Noise Level. Drilling operations shall be controlled by double exhausts, mufflers, or otherwise, so that the noise level of engines during the actual drilling does not exceed the noise level of 70 decibels at a 300 foot radius during maximum noise production periods.
(j) Restoration of the Site and Public and Private Property. The certificate holder or driller shall clear the site and area of all litter, rubbish, machinery, derricks, buildings, structures, oil or other substances used or associated in the drilling, fracturing or producing operations. The certificate holder or driller shall restore the streets, sidewalks, drainage facilities and water courses and other City, public facilities or places which have been damaged or disturbed in the various operations. All restoration and cleaning up of the site and area shall be completed within one year of the date of the initiation of drilling and shall be done regardless of whether a producing well has resulted or whether the well has been fractured. Restoration shall include, at a minimum, the fine grading of the soil to produce a readily mowable condition and the establishment of grass or other vegetative cover sufficient to prevent erosion and rapid storm water runoff.
(k) Equipment, Operation, and Maintenance of Producing Wells. The certificate holder, driller or producer shall meet the following requirements for all producing wells:
(1) All pipelines used for transmission of gas, oil, or other hydrocarbons, shall be located at least 30 inches below the surface, shall be well marked on the surface as to their location, and shall be located on easements, which are located with due consideration for potential conflict with existing and future development, streets, excavations and other activity areas.
(2) Excluding initial drill stem well testing and other extraordinary well production conditions, all removal of brines, oil, or other substances from a well shall be accomplished by pumping or other closed system methods; no gas or liquids of any kind shall be expelled directly to the air without first removing all oil, salt, or other potential environmental contaminants, including odor producing elements normally associated with sour gas.
(3) All well pumps shall be operated by electric motors only; all power lines leading to a well site shall be located underground.
(4) All gas and oil production facilities shall be equipped with automatic regulating and shut-off valves, which shall be located in the system ahead of any pressure relief valves included in the production and processing equipment. Such valves shall be designed to eliminate or reduce to as great a degree as possible, the venting of gas to the air.
(5) All gas and oil production and processing facilities serving wells producing sour gas shall be designed to effectively prevent the release of hydrogen sulfides or other mercaptans to the air.
(6) The fire chief, fire marshal, and City Engineer, or their designates, shall be notified 24 hours in advance of all scheduled or anticipated well tests and other extraordinary well production conditions which will result in large volumes of gas being released to the air.
(7) The well site, access drive, well head, production and processing equipment, dikes, fences, and landscaping shall all be maintained in good condition, comparable at least to the qualities existing at the time of the releasing of the performance bond, during the full period of production from the well and until such time as the well, whether a producing well or not, has been abandoned and removed, and the site restored to a condition compatible and consistent with the general conditions of the area.
(l) Fencing and Landscaping. The certificate holder, driller or producer of any drilled well, whether producing or not, shall meet the following requirements:
(1) Within one year of the initiation of drilling or prior to the initiation of production, whichever occurs earlier, the well head and all production and processing equipment shall be enclosed by a permanent eight foot high fence of such quality and maintenance to prevent to a reasonable degree, any unauthorized entry or access.
(2) Wells, production facilities, and processing equipment located on a site in a platted residential subdivision, a proposed residential subdivision, or an area of existing homes where two or more existing dwellings, not belonging to the owner(s) or certificate holder of said well or equipment are located partly or completely within a radius of 300 feet from the well or equipment shall be enclosed by a vision obscuring masonry wall or wood fence at least eight feet in height.
(3) In all undeveloped areas not part of a platted or proposed residential subdivision or not containing existing dwellings as specified in (l)(2) above, the vision obscuring masonry wall and wood fence may be delayed at the discretion of the Planning Commission and Council, who may at some future date require vision obscuring fences in response to changing development conditions and as a condition for the continued production of an existing well. Non-vision obscuring fences shall be chain link at least eight feet in height.
(4) Wells, production facilities and processing equipment located on a site adjacent to existing or proposed residential, commercial, or other non- residential structures or land uses, or adjacent to existing streets, roads or highways, where existing views or other aesthetic conditions are potentially damaged by the well or facilities, may be required by the Planning Commission and Council, to be enclosed by a vision obscuring masonry wall or wood fence at least eight feet in height.
(5) In addition to fine grading and the restoration of grass or other vegetative cover, the well head and all equipment sites located in non-industrially zoned areas, or in industrially zoned areas within 300 feet of non-industrial areas, shall be landscaped with shrubs and trees to create an environment and appearance compatible with the adjacent properties, neighborhood and area. Upon the recommendation of the Planning Commission after reviewing the submitted plans for restoration, fencing, and landscaping, Council shall approve the amount and type of landscaping to be provided. Existing trees and shrubs shall be preserved and utilized to as great a degree as possible in the final restoration and landscaping.
(6) Restoration, fencing and landscaping shall be completed within one year of the date drilling was initiated, in conformance with approved plans, and prior to the release of performance bonds.
(m) Maintenance Guarantee. A cash maintenance guarantee of $500.00 shall be posted with the City to ensure the maintenance of the well site and all production and processing sites during the production life of the well and until the well is capped and all equipment is removed. This guarantee may be utilized in full or in part by the City for maintenance deemed necessary by the Planning Director or City Engineer, or his designate, and not being done by the certificate holder after written notice by the City to the certificate holder indicating the nature of the problem and the time period to be allowed for the remedy. The guarantee shall be maintained at the level of $500.00 and shall be replenished to the level each time a City incurred cost is charged against it. All such City costs shall be documented, a permanent record maintained, and a copy sent to the certificate holder.
(n) Conversion, Reopening, and Deepening of Wells. No existing or abandoned well shall be deepened, reopened, or converted to any use other than its original City approved purpose unless prior approval is granted by Council.
(o) Abandoning Wells. In the event that a well is abandoned, it shall be the duty of the certificate holder, owner or lessee to notify the building and zoning inspector of such abandonment before the well has been abandoned and the equipment removed. All certificate holders shall be required to pull or plug a well site on abandonment and remove all above-ground appurtenances and return ground to original grade and condition, and follow any other rules and regulations promulgated by any department or division of the state relative to pulling, plugging and abandoning oil and gas wells. Landscaping may be preserved at the time of abandonment of the well, if feasible, and if desired by the property owner.
(p) Exceptions. A request for an exception to any provision of these regulations shall be made in writing to the City. Such request shall be studied by the Planning Commission and, where the Planning Commission feels that special conditions warrant granting such exceptions, Council shall be notified of such decisions. Granting or refusal to grant an exception to any of the provisions of this section shall rest with the discretion of the Planning Commission and shall also be approved by Council.
(q) Technical Assistance. In light of the technical and potentially complex nature of well drilling, gas and oil production and facilities maintenance, the City may need to utilize consultants, technical people, and special equipment for the evaluation and regulation of plans, operations and maintenance including such things as monitoring and measuring noise and odor levels. The costs for such consultants, technical people or special equipment shall be paid for by the applicant or certificate holder in an amount not to exceed the amount of the performance bond or maintenance bond or may be charged against the performance bond or maintenance guarantee. In the event additional money is required, these costs will be incurred only upon the prior consideration and approval by Council in consultation with the well owner, applicant, or permittee.
(r) Well and Equipment Identification. As soon as practical and no later than the initiation of production or six months from the completion of drilling, all wells and associated production and processing equipment shall be identified with a permanent and conspicuous sign indicating the well name and number, as shown on the state drilling permit, the name of the owner or permittee and the name, address and telephone number of the person or firm to be called in case of emergency.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)
1175.01 PURPOSE.
Model homes may be conditionally permitted upon the review and recommendation of the Planning Commission and upon approval by Council, subject to the criteria and conditions set forth in this chapter. These regulations are established to ensure that the operation of model homes is compatible with the surrounding single-family development.
(Ord. 2007-222. Passed 1-10-08.)
1175.02 DEFINITION.
For the purpose of the Zoning Code, a model home is a new dwelling representative of other dwellings offered for sale, lease, and/or construction in an area of residential development within the City of Stow and to be used temporarily for the purposes of the promotion, sales, rental and/or leasing of said residential dwellings and/or lots.
(Ord. 2007-222. Passed 1-10-08.)
1175.03 GENERAL REQUIREMENTS
Model homes proposed as part of a development shall meet the following general requirements.
(a) The dwelling unit shall be used only for new home and/or lot sales or promotional purposes and shall not be used without the prior approval of Council as a residence or other business purpose, including uses as a contractor's construction office, warehouse, or storage facility for construction materials and equipment to be used in the building of other sites and structures;
(b) At least two on-site parking spaces shall be provided, shall be paved, shall be approved by the City Engineer prior to construction, and shall be removed at the termination of the model home use unless approved by the City Engineer as appropriate to the residential use and compatible with the adjacent homes and lots;
(c) No lighting, noise, or other model home use or activity shall negatively impact adjacent homes and lots.
(d) The Planning Commission and/or City Council may impose any other conditions, criteria, or requirements to make the proposed model home more compatible or appropriate to the proposed development, neighborhood, and/or location.
(Ord. 2007-222. Passed 1-10-08.)
1175.04 SPECIFIC REQUIREMENTS.
(a) Model Homes in Major Residential Subdivisions. The following requirements shall apply to model homes proposed as part of a major residential subdivision.
(1) The unit shall be located on a standard lot contained within the subdivision and shall not necessitate zoning or building variances for the construction of the model dwelling;
(2) The unit shall not be operated as a sales or promotional facility during the night-time hours of 9:00 p.m. to 7:00 a.m. every day, shall reduce all unnecessary lighting during this same time period, and shall not provide or permit overnight vehicle parking on the site or on adjacent streets(s);
(3) The unit shall be approved for model home use for a one year probationary period and subsequently reapproved by Planning Commission and Council for up to three year period extensions, based on the satisfactory performance, maintenance, and complaint experience during the preceding time period;
(4) Unless otherwise approved by City Council, a model home located within a major residential subdivision shall be operated as a model home only during the time period in which there exists two or more vacant lots owned by the subdivision developer or by the home builder approved for the model home or two or more vacant dwellings owned by the building or owner approved for the model home and said dwellings never having been sold, rented, or otherwise occupied;
(b) All Other Types of Single-Family Model Homes. The following requirements shall apply to model homes proposed for a site which is not part of a major subdivision or which is located on an arterial street.
(1) The unit shall be located on a residentially zoned lot which fronts on an arterial street and which meets or exceeds the minimum lot requirements of the residential zoning for said lot;
(2) The site on which the unit is located shall have the area, location, or other characteristics necessary to provide a reasonable residential environment and residential use after the model home function is terminated;
(3) The unit shall be sited so that the front yard setback shall be at least 50 feet from the arterial street right-of-way;
(4) There shall be a maximum of one model home arterial site in the community at any one time for the same developer or home builder.
(5) The unit shall not be operated as a sales or promotional facility during the night-time hours of 11:00 p.m. to 7:00 a.m.;
(6) Unless otherwise authorized by City Council, a model home shall be potentially available and shall be operated as a model home only during the time period in which a subdivision developer or home builder owns at least 10 residential building sites in the City;
(7) The unit shall be located on a site which will accommodate all the parking needed for the model home use; no parking shall be permitted on the arterial street right-of-way;
(8) The unit shall be approved for model home use for an initial five year period and subsequently reapproved by Planning Commission and Council up to three year time period extensions based on the satisfactory performance, maintenance, and complaint experience during the preceding time period.
(c) Models for Non-Single Family Developments. The following requirements shall apply to model suites proposed as part of a multi-family, senior citizen or other non-single family residential development.
(1) The unit shall be located in a suite representative of the majority of suites available in the project;
(2) The unit shall not be operated as a sales or promotional facility during the night-time hours of 9:00 p.m. to 7:00 a.m. every day and shall reduce all unnecessary lighting during this same time period;
(3) The unit shall be approved for model suite use for an initial one year probationary period and subsequently reapproved by Planning Commission and Council for up to three year time period extensions based on the satisfactory performance, maintenance, and complaint experience during the preceding time period;
(4) In addition to model suite purposes, said suite may also be used for building management purposes.
(Ord. 2007-222. Passed 1-10-08.)
1177.01 PURPOSE.
Adult Use Cannabis was legalized in the state of Ohio, effective December 7, 2023. Adult Use cannabis dispensaries, cultivators, processors, and testing labs may be conditionally permitted upon the review and recommendation of the Planning Commission and upon approval by Council, subject to the criteria and conditions set forth in this chapter. These regulations are established in order to ensure that the operation of adult use cannabis dispensaries, cultivators, processors, and testing laboratories compatible with commercial operations in the City’s commercial and industrial zoning districts. (Ord. 2024-243. Passed 1-23-25.)
1177.02 DEFINITION.
For purposes of the Zoning Code, any term use in this Section that is not clearly defined in this Subsection shall have the same definition as found in this Zoning Code.
(Ord. 2024-243. Passed 1-23-25.)
1177.03 GENERAL REQUIREMENTS.
All adult use cannabis facilities, including dispensaries, cultivators, processors, and testing laboratories shall meet the following general requirements:
(a) No adult use cannabis facility shall be located within one (1) mile of another current or proposed adult use cannabis facility.
(b) No adult use cannabis facility shall be located within 1,000 feet distance of the end boundaries of the parcel of real estate on which the adult use cannabis facility is located to the end boundaries of a parcel of real estate in which situated on it is a school, place of worship, public library, public playground, public park, or an opioid treatment facility, whether existing or proposed at the time of application.
(c) No adult use cannabis facility shall utilize any outdoor storage of goods, supplies, or materials that relate to the operation of the adult use cannabis facility.
(d) Outdoor sales of adult use cannabis is prohibited.
(e) No adult use cannabis facility shall allow for the use of a drive-thru for the sale of adult use cannabis.
(f) No adult use cannabis facility shall be located within 1,000 feet of a residential district. (Ord. 2024-243. Passed 1-23-25.)