Swanton City Zoning Code

ARTICLE 150

33 USE-SPECIFIC STANDARDS

§ 150.331 INTENT.

This Article establishes supplemental standards, exceptions to standards, or alternative standards for particular uses in order to protect surrounding property values and uses, and protect the public health,

safety, and general welfare.

(Ord. 2023-03, passed 2-27-2023)

§ 150.332 APPLICABILITY; CONFLICT WITH DISTRICT STANDARDS.

No use governed by the regulations in this Article may be initiated, established, or maintained unless it complies with the standards set forth for such use in this Article.

(A) The use shall comply with the development standards for the applicable zoning district in which the use is located except when a specific development standard is specified in this Article.

(B) To the extent there is a conflict between a standard in another Article of this Zoning Code and a standard in this Article, the standard in this Article governs unless otherwise indicated.

(C) Whenever state or county law requires a use regulated by this Zoning Code to be registered, certified or licensed, and/or a building permit be obtained, compliance with such law shall be a condition precedent to zoning approval of such use. Failure to maintain such license, certification or other approval requirements shall be cause for revocation of the applicant’s conditional use permit.

(D) Any use in this Article that is regulated as a conditional use in the district in which it proposed shall also comply with the conditional use criteria set forth in Article 150.67.

(Ord. 2023-03, passed 2-27-2023)

§ 150.333 SUPPLEMENTARY REGULATIONS - RESIDENTIAL USES.

(A) Accessory Living Suite.

(1) Purpose. These standards for accessory living suites (“ALS”) are intended to permit the creation of legal accessory living suites wholly within one-family detached units in a manner that is compatible with and retains the character of the residential neighborhood.

(2) This use shall only be permitted as accessory to and within a legally existing or proposed one-family detached dwelling that is the sole principal use on the lot. An ALS shall not be permitted in a two-family dwelling, multi-family dwelling, or Bed & Breakfast.

(3) The property on which the ALS is located shall comply with the following:

(a) The lot shall have a minimum lot area of 8,400 square feet.

(b) Not more than one accessory living suite shall be permitted within the one-family detached dwelling on the lot.

(c) The one-family detached dwelling unit shall have and retain a minimum dwelling unit floor area of 1,000 square feet, not counting the area of the ALS.

(4) The design of the ALS shall comply with the following:

(a) The ALS shall occupy no more than thirty percent (30%) of the heated floor area of the one-family dwelling, but in no case be greater than 500 square feet.

(b) The ALS shall not have a separate, outside entrance from the exterior of the one- family dwelling.

(5) Parking for the ALS shall be served by the same driveway as the one-family dwelling.

(6) The ALS shall not be rented for a term less than 30 days.

(7) The owner of the property shall reside in either the one-family dwelling unit or the accessory living suite.

(8) The residence shall retain the appearance of a one-family dwelling at all times.

(B) Bed and Breakfast Inn and Short-Term Rental. Bed and breakfast inns and short-term rentals are unique semi-commercial operations that adapt a residential dwelling unit into a lodging concept limited in scope and operation. The regulations presented herein provide a systematic set of requirements to ensure that such operations do not adversely affect adjacent uses as a result of the commercial aspects of the structure and property.

(1) The bed and breakfast inn or short-term rental shall be subordinate to the principal use of a one-family detached dwelling, and the residence shall retain the appearance of a one-family dwelling at all times.

(2) The one-family detached dwelling unit shall be occupied by the owner(s) of the property as his/her primary residence.

(3) The operator of the bed and breakfast inn or short-term rental shall maintain a log of all guests, including their name, address, license plate number, and length of stay, and shall make the log available to the Zoning Inspector upon request.

(4) Required parking for guests, and employees when permitted, shall be provided on-site. Parking shall be located behind the front line of the principal building. The Planning Commission may grant an exception to this requirement due to the shallow depth of the parcel, the location of existing buildings and mature trees, or other similar circumstances.

(5) Exterior lighting shall be residential in character and compatible with the surrounding neighborhood.

(6) The dwelling shall fully comply with all applicable Village, County and State codes, including but not limited to income tax, building, fire, and health requirements.

(7) The owner shall maintain weekly residential trash collection services. Trash dumpsters, trash containers, recycling containers, and mechanical equipment shall be screened per the requirements of § 150.398, Screening of Accessory Uses.

(8) Bed and breakfast inns shall comply with the following additional requirements:

(a) Each guest stay shall be limited to consecutive days of less than one week.

(b) No more than four (4) rooms shall be utilized as guest sleeping rooms in the bed and breakfast inn, and occupancy shall be limited to two (2) individuals per guest sleeping room.

(d) No cooking shall be permitted in guest rooms.

(e) No guest rooms shall have direct entrance or exit to the outside of the building, except that emergency exits when required by the Fire Marshal may be provided for emergency purposes only.

(f) Health Department approval of kitchen facilities for the bed and breakfast inn shall be submitted prior to issuance of a certificate of zoning compliance.

(9) Short-term rentals shall comply with the following additional requirements:

(a) Each guest stay shall be limited to consecutive days of less than one week.

(b) Rental of the one-family detached dwelling unit, whether in whole or in part, shall be limited to a maximum of 30 days per calendar year.

(d) The maximum overnight occupancy shall be limited to two (2) individuals per bedroom, plus two (2) additional occupants within the dwelling unit.

(e) Each short term rental owner shall provide the name and contact information of the person(s) responsible for the short term rental, who shall be available on a 24-hour basis, seven days a week, during periods in which the structure is being rented, for the purpose of responding within one (1) hour to complaints regarding the condition or operation of the short term rental unit or the conduct of short-term tenants.

(i) The 24-hour contact person may be the owner, a property management company representative, or other person employed, authorized or engaged by the owner to manage, rent, and supervise the short term rental.

(ii) If the contact person is not the owner of record, the 24-hour contact person shall maintain a residence or permanent place of business within 30 miles driving distance to the short term rental.

(iii) If the local contact person designated by the owner changes, then the owner shall update the permit on file with the village within three (3) days.

(f) All short-term rental tenants shall abide by all applicable noise, nuisance, fire and safety ordinances and not endanger or interfere with the safety or rights of others.

(g) Use of the short-term rental unit for any commercial or large social events or gatherings, such as weddings, is prohibited.

(10) In considering whether to grant the conditional use permit, the Planning Commission shall have authority to require such reasonable conditions as necessary to protect the public health, safety and general welfare and to ensure that the use of the property as a bed and breakfast inn or short-term rental will not have an adverse effect on the use, value and qualities of the surrounding neighborhood.

(11) The property owner shall submit the following documentation when applying for a required conditional use certificate.

(a) One (1) form of proof of identity;

(b) Two (2) pieces of evidence that the dwelling unit is the property owner’s primary residence;

(1) Congregate Care Facility/Nursing Homes shall comply with the development standards set forth below:

(a) Minimum lot area: two (2) acres.

(b) Minimum lot width: 100 feet.

(c) Maximum Lot Coverage: 50% or the maximum permitted for the district in which the use is located, whichever is higher.

(2) When located in a residential district, a congregate care facility/nursing home shall comply with the standards set forth below:

(a) Minimum side and rear setback for principal buildings: 30 feet or the minimum required for the residential district in which the use is located whichever is greater.

(b) Minimum side and rear setback for parking facilities: 20 feet.

(c) Buildings shall be designed to have a residential character, street-oriented with pedestrian entrances from the street, and compatible with the surrounding residential development.

(D) Dwelling, Multi-family and dwelling units in the upper floors of commercial buildings in Business Districts.

(1) Multi-family buildings in the B-2 District shall conform to all requirements of the B-2 District including the Required Design Standards in § 150.275.

(2) Multi-family developments in the B-3 District shall meet all requirements of the R-4 District and all other sections of this code applicable to multi-family development.

(3) Each dwelling unit shall comply with the minimum dwelling unit floor area requirement set forth in § 150.216(D).

(E) Dwelling, Two-Family.

(1) Two-family dwellings in the R-3 District shall be erected, altered, moved, and maintained only in accordance with the development standards set forth below:

(a) Minimum Lot Area: 8,400 square feet.

(b) Minimum Lot Width at Building Setback Line: 70 feet.

(2) Dwelling Unit Area Requirements.

(a) The minimum ground floor area of the structure shall be 750 square feet.

(b) Each dwelling unit shall have a minimum of 750 square feet.

(3) The public street elevation of the two-family dwelling shall have at least one street oriented entrance and contain the principal windows of at least one of the units.

(4) All required parking spaces shall be located behind the front building line. The Planning Commission may grant an exception to this requirement where necessary due to special characteristics of the site such as lot depth, the location of existing mature trees and/or structures, or other similar circumstances.

(5) Trash dumpsters, trash containers, recycling containers, and mechanical equipment shall be screened per the requirements of § 150.399, Screening of Accessory Uses.

(6) A subdivision plat shall be submitted where individual attached units are to be owned separately on individual lots.

(F) Group Home, Large and Small.

(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) The applicant shall comply with the applicable parking regulations of the Zoning Code for the type of residential structure used by the residential home and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors.

(3) The group home shall meet local fire safety requirements for the proposed use and level of occupancy.

(4) Small group homes shall comply with all standards that apply to one-family dwellings in the district in which the home is located.

(5) Large Group homes shall comply with the following additional requirements:

(a) The architectural design and site layout of the large group home shall be compatible with adjoining land uses and the residential character of the neighborhood.

(b) Conversion of an existing dwelling to a large group home shall require that the dwelling be brought into conformity with applicable Village and State regulations.

(c) The applicant shall demonstrate that adequate qualified supervision will be provided in the home on a twenty-four hour per day basis.

(d) In considering whether to grant the conditional use permit, the Planning Commission shall take into consideration the proximity and location of other such large group homes 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.

(Ord. 2023-03, passed 2-27-2023)

§ 150.334 SUPPLEMENTARY REGULATIONS - CIVIC USES.

(A) Cemetery.

(1) The minimum lot area shall be five acres, and the minimum lot width at the setback line shall be 100 feet.

(2) No gravesite shall be located within 50 feet of a public street right-of-way or residential zoning district boundary line.

(3) The minimum parking setback shall be 20 feet from all lot lines.

(4) Sufficient parking spaces shall be provided throughout the cemetery so as not to hinder traffic flow, and no vehicle stacking shall be permitted in the right-of-way.

(B) Community facility, building, recreation amenity privately operated by Homeowners Association (HOA); Public sports fields/active recreation.

(1) The facility shall comply with the following minimum lot requirements:

(a) Indoor community facility and outdoor passive recreation area: 20,000 square feet.

(b) Sports field and other outdoor active recreation facility: minimum two (2) acre lot area and minimum 200 feet of lot width.

(2) The minimum building setback for both principal and accessary buildings from all lot lines shall be 40 feet or the minimum required by the zoning district in which the use is located, whichever is greater.

(3) The minimum setback for outdoor recreation facilities from all lot lines shall be 50 feet, measured from the edge of the recreation area including any associated seating areas.

(4) Exterior lighting shall be compatible with the surrounding neighborhood. Where nighttime lighting of outdoor recreation areas is proposed, evergreen trees that conform to the standards in § 150.401 shall be required in a location appropriate to screen adjoining residences.

(5) 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 may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District.

(6) Only retail uses that are customarily accessory or incidental to the main recreational use shall be permitted, including but not limited to concession stands. Such facility shall be provided for the convenience of customers attending the recreation facility.

(1) The minimum lot area shall be twenty-five (25) acres.

(2) Such use should be located on an arterial or collector street or have direct access to an arterial or collector street to minimize impacts on local streets and residential neighborhoods.

(3) In a Residential or Public/Open Space District, all principal and accessory buildings, parking areas, and outdoor recreation areas shall be located a minimum of 50 feet from the street right-of-way and all lot lines. For all outdoor recreation areas the setback shall be measured from the edge of the recreation area including any associated seating areas.

(4) When located in a B-3 District, the country club shall comply with the B-3 District standards, except for outdoor recreation areas, which shall be located a minimum of 30 feet from a lot line that abuts a residential district.

(5) Exterior lighting shall be compatible with the surrounding neighborhood or development. Where nighttime lighting of outdoor recreation areas is proposed evergreen trees that conform to the standards in § 150.334 shall be required in a location appropriate to screen adjoining residences.

(6) All activities, programs and other events shall be directly related to the activities listed on the approved conditional use permit. If any additional activities are proposed that were not included on the approved conditional use permit, then a new conditional use permit shall be required according to the procedures in this Article 150.67.

(7) Fencing, netting, trees, berms, or other control measures shall be provided around the perimeter of the golf course to prevent golf balls from leaving the property.

(8) Retail and restaurant uses shall be limited to accessory eating, dining and pro-shop sales. Such facilities shall be provided for the convenience of the members or customers attending the Country Club or Golf Course, and no sign advertising the retail or restaurant use(s) shall be permitted.

(9) Swimming pools shall comply with the following:

(a) Pools shall be adequately fenced to prohibit unauthorized access to the facility.

(b) Pools and their enclosures shall comply with the building setback requirements for the zoning district in which the pool is located.

(D) Day Care Center, Adult or Child.

(1) The location and design of the facility shall provide for the protection of the children and adults from the traffic, noise, and other hazards of the area.

(2) A drop-off/pick-up location that will not impede traffic on or off the site shall be clearly identified on the plans and arranged to ensure the safety of the children and adults.

(3) The outdoor activity area shall not be located closer than 50 feet to any adjacent residential property line.

(4) For the protection of children and adults enrolled in the Day Care Center, a fence or wall having a height of at least five (5) feet shall enclose all outdoor activity areas. A securely fastened entry gate shall be provided to such outdoor activity areas.

(E) Government Office Building; Places of Worship; Public Library; School (Public/Private) Elementary/Secondary.

(1) The minimum lot area shall be 40,000 square feet.

(2) In a residential district, the facility shall comply with the following minimum setback requirements, unless a larger setback is required by the district in which the facility is located:

(a) Principal buildings minimum front setback: 40 feet.

(b) Principal buildings minimum side and rear setbacks: 30 feet.

(d) In residential districts, off street parking lots shall not be located in a front yard.

(3) Associated sports fields and outdoor activity areas shall comply with § 150.334(B).

(4) Exterior lighting shall be compatible with the surrounding neighborhood and development.

(5) All outdoor children’s activity areas shall be enclosed by an ornamental or stockade fence or wall having a height of at least five (5) feet but not exceeding six (6) feet. An entry gate that can be securely fastened shall be provided.

(6) In Residential Districts:

(a) The scale, massing, and building design shall be compatible with the surrounding neighborhood.

(b) Such uses should be located on an arterial or collector street or have direct access to an arterial or collector street to minimize impacts on local streets and residential neighborhoods.

(F) Meeting Hall and Similar Social, Fraternal Clubs. All activities, programs and other events shall be directly related to the approved conditional use permit, and shall take place completely within an enclosed building.

(G) Museum, Gallery, & Similar Cultural Facilities.

(1) All activities, programs and other events shall be directly related to the approved conditional use permit, and shall take place completely within an enclosed building, except for the outdoor display of artwork.

(2) Such uses should be located on an arterial or collector street or have direct access to an arterial or collector street to minimize impacts on local streets and residential neighborhoods.

(Ord. 2023-03, passed 2-27-2023)

§ 150.335 SUPPLEMENTARY REGULATIONS - COMMERCIAL USES.

(A) Animal grooming/animal day care; Animal hospital/veterinarian office; Animal boarding/kennel.

(1) The parts of a building where animals are boarded shall be fully enclosed, with solid core doors and no operable windows, and shall be sufficiently insulated so no unreasonable noise or odor can be detected off premises.

(2) Animals shall not be permitted outside except within a secure animal run, and no outdoor animal run shall be permitted within 200 feet of any adjacent residential district or use, except where the adjoining property is owned or occupied by the operator of the kennel.

(3) Animals shall be confined in an enclosed building between the hours of 10:00 p.m. and 6:00 a.m.

(4) There shall be no burial or incineration of animals on the premises.

(5) All solid waste material shall be removed from the site on a daily basis, and no animal waste shall be buried on site or be allowed to accumulate on the premise.

(6) The facility shall be operated in accordance with all applicable State of Ohio and county health code regulations.

(B) Artisan Studio/Workshop.

(1) The principal activities of the use shall occur completely within an enclosed building.

(2) All work activities, artist shows, programs and other events shall be directly related to the activities listed on the approved conditional use permit.

(1) All activities shall be conducted indoors.

(2) There shall be no outside storage.

(3) An on-site showroom that is open to the general public shall be limited to ten percent (10%) of the floor area of the building, or 4,000 square feet, whichever is less.

(D) Brewpubs; Micro-brewery, Micro-distillery, Micro-winery (Micro Production Facility).

(1) Each brewpub or micro production facility shall manufacture and sell alcoholic beverages in accordance with the provisions of the Ohio Division of Liquor Control and the Bureau of Alcohol, Tobacco and Firearms (ATF), and shall maintain current licenses as required by each agency.

(2) Brewpubs:

(a) A minimum of 50% of the gross floor area of the brewpub shall be devoted to restaurant use for on-site consumption of food and beverages, including the kitchen and seating area, but not including any outdoor dining area.

(b) The area used for on-site production, including but not limited to manufacturing, bottling and storage, shall not exceed 50% of the total floor area of the entire facility or 8,000 square feet, whichever is less.

(3) Micro production facilities shall provide a minimum of 1,500 square feet devoted to onsite retail sale, restaurant or tasting room for the on-site consumption of products produced on the premises.

(4) Each brewpub and micro production facility shall be architecturally compatible with the surrounding commercial uses.

(5) No outdoor storage of brewing equipment or materials shall be permitted.

(6) The facility shall be designed and operated so as not to produce odors, gas, dust, or any other atmospheric pollutant detrimental to the health, safety, or general welfare of persons living or working in the surrounding area. The emission of odorous matter or smells in such quantities as to produce a public nuisance or hazard is not permitted.

(7) The facility shall not generate truck traffic materially different in truck size or frequency from that generated by the surrounding commercial uses.

(8) Each facility shall maintain copies of all reports filed with the Bureau of Alcohol, Tobacco and Firearms (ATF) and shall be able to demonstrate, upon request of the Village, that they have not exceeded the annual beverage production limit in any 12-month period.

(E) Drive-in/Drive-thru Facilities.

(1) The drive-in/drive-thru facility shall comply with the off-street stacking space requirements in § 150.384, and with the drive-thru sign regulations in § 150.357(H).

(2) The drive-in/drive-thru facility shall maintain a minimum of 100 feet of street frontage, be located on a collector or arterial street, and be designed so that vehicles waiting for service at the drive-in/drive-thru facility do not interfere with a public right-of-way.

(3) All components of the drive-in/drive-thru facility, including but not limited to drivethrough signs, waiting lanes, trash receptacles, audio equipment, drive up windows, and other objects associated with the drive-through area shall be located in the side or rear yard of a property to the maximum extent feasible, and shall not cross, interfere with, or impede any public right-of-way.

(4) All components of the drive-in/drive-thru facility shall be located a minimum of 100 feet from a residential property line.

(5) On a corner lot, access drives shall be placed as far from the intersection as possible and limited to no more than one access drive per street frontage.

(6) Any changes in the approved development plan or in the activity to be conducted on the site shall be submitted to the Planning Commission for review and approval.

(7) Loudspeaker systems shall be approved as part of the development plan approval and shall be appropriately located and screened to not create a nuisance.

(F) Hotel/Motel.

(1) Such establishments should be located to minimize the amount of space located in a retail setting that is inactive during normal business hours.

(2) The use shall be located on a lot that has frontage on an arterial or collector street.

(3) A hotel/motel shall be located on a lot having a minimum area of 400 square feet per room and a minimum lot width of 150 feet.

(G) Indoor Entertainment: Dancing & Live Entertainment.

(1) Dance floors and other similar entertainment facilities including live entertainment shall be permitted only as an accessory use to a permitted principal use.

(2) The Planning Commission may impose restrictions on the hours such establishment is open for business.

(3) All indoor entertainment/music shall take place in a fully enclosed sound-resistant building, with closed windows and double-door entrances that provide a sound lock.

(4) Outside entertainment/music may be permitted provided it complies with the following:

(a) Outdoor entertainment/music shall be permitted no later than 10 pm Sunday through Wednesdays and no later than 12 am on Thursdays through Saturdays.

(b) The location of the area devoted to outdoor entertainment/music shall be clearly indicated on the development plan.

(c) The Planning Commission may require the outdoor area to be screened with a wall, fence or landscaping to ensure that sound does not exceed normal conversation levels beyond the property line or cause a nuisance to adjoining properties.

(H) Medical Clinic/Urgent Care.

(1) The design of a Medical Clinic/Urgent Care shall be sufficient to accommodate staff, clients, patients and visitors without waiting or queuing outside of the building.

(2) 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 side or rear yard in off-street parking areas. Storage for ambulances and other vehicles shall be shown on the development plan.

(3) Where the site is adjacent to a residential zoning district, hours of operation may be restricted by the Planning Commission.

(I) Outdoor Commercial Recreation.

(1) The minimum lot area shall be two acres and minimum lot width shall be 200 feet.

(2) Vehicular approaches shall be designed to reduce traffic congestion and interference with traffic on surrounding public streets or roads.

(3) All activities, programs and other events shall be identified in the application and listed in the approved zoning certificate and shall be adequately and properly supervised to prevent personal injury, property damage and disturbance or nuisance to surrounding properties, residents or to the community in general.

(4) Rifle ranges, pistol and skeet shooting ranges, and other activities involving the use of firearms shall not be permitted.

(5) The Planning Commission may require an outdoor active recreation area to be enclosed by a fence having a minimum height of five feet and a maximum height of six feet.

(6) Swimming pools shall comply with the following additional requirements:

(a) Pools shall be adequately fenced to prohibit unauthorized access to the facility.

(b) Pools and their enclosures shall comply with the building setback requirements for the zoning district in which the pool is located.

(7) The use shall not generate excessive noise, odor, dust or smoke beyond the premises above the prevailing levels from permitted uses in the zoning district. The Planning Commission may impose additional noise reduction measures, including mounding, landscaping and sound barriers, to minimize noise and maintain the prevailing noise levels of permitted uses in the zoning district.

(J) Outdoor Dining, Accessory to a Restaurant.

(1) Restaurants shall be permitted to operate outdoor dining on sidewalks, including areas within the public right-of-way and in courtyards, provided that pedestrian circulation and access to store entrances shall not be impaired.

(2) If outdoor dining is proposed to be in the public right-of-way, a permit shall be obtained from the Village Public Works Supervisor before a zoning certificate is issued.

(3) Planters, fencing, or other devices shall be used as a way of defining the area occupied by the outdoor dining.

(4) Extended awnings, canopies, or large umbrellas shall be permitted if located to provide shade or cover.

(5) The operators of outdoor dining shall maintain a clean, litter-free, and well-kept appearance within and immediately adjacent to the area of café activity.

(6) The outdoor seating area shall be used in conjunction with, and is under the same management and exclusive control of, a restaurant located on the same or contiguous property.

(K) Outdoor Overnight Storage of Fleet Vehicles Related to the Principal Business.

(1) The stored vehicles shall be necessary to, customarily associated with, and used on a regular basis by the principal use of the premises.

(2) All stored vehicles and equipment shall be operable, and vehicles shall have a current vehicle registration.

(3) Location and Setbacks.

(a) In a B-3 General Business District, the outdoor storage area for vehicles shall be located in a rear yard in compliance with the parking setbacks in Schedule 150.274(B).

(b) In an M-1 Light Industrial District, the outdoor storage of fleet vehicles shall be located in a side or rear yard, in compliance with the parking setbacks in Schedule 150.274(B).

(4) Any area devoted to outdoor storage of fleet vehicles shall be paved with asphalt or concrete, and maintained free from dust. The Planning Commission may grant a variance from the paving requirement if the applicant demonstrates that dust will be adequately controlled and the storage area will have little vehicular traffic.

(L) Outdoor Sales and Display of Merchandise for Sale.

(1) Outdoor display of merchandise for sale shall be limited to products that are customarily associated with the operation of the principal business located on the premises and conducted by employees of such principal business.

(a) There shall be no outdoor display of merchandise for sale by any person operating or conducting a business that is different or distinct from the principal business conducted at that location.

(b) These regulations do not apply to vehicle sales and rental establishments.

(2) The area of the lot devoted to outdoor display shall not exceed 15 percent of the ground floor area of the building(s) on the lot. The Planning Commission may grant an exception to this requirement when the ground floor area is 5,000 square feet or less.

(3) The outdoor display area shall comply with the parking setbacks, shall not be located in areas intended for traffic and pedestrian circulation, and shall not occupy any required parking spaces as identified on the development plan.

(4) Any proposed outdoor display areas shall be approved as part of a Development Plan Review in accordance with Article 150.65.

(M) Outdoor Storage of Materials and Equipment.

(1) Outdoor storage of materials, and equipment shall only include the storage of goods, materials, equipment or products customary associated with the principal use. The storage of radioactive, toxic or otherwise hazardous materials shall not be permitted.

(2) All outdoor storage of goods, materials, and equipment shall be enclosed with a solid wall or fence, including solid gates. The wall or fence shall have a height tall enough to conceal all materials therein from the view of any observer standing at grade level. However, in no case shall the height of the fence or wall be less than six feet. The solid wall or fence and the associated gates shall be maintained in good condition. No barb or razor wire shall be permitted. The Planning Commission may consider alternative forms of screening such as a dense planting of trees or berm in compliance with § 150.398.

(3) All outdoor storage shall be stored in such a fashion as to be accessible to fire-fighting equipment at all times.

(4) Areas devoted to outdoor storage shall be located in a rear yard so that it is behind the principal building and not visible from any public street, unless the outdoor storage is located on a corner lot. In the M-1 District, enclosed storage areas devoted to outdoor storage shall be setback fifty feet from any property boundary that abuts a Residential District. In no case shall the side and rear setback of the enclosed area be less than ten (10) feet.

(5) All equipment and fleet vehicles shall be in an operable state. In no case shall inoperable equipment and vehicles be stored overnight.

(6) Any proposed outdoor storage areas shall be approved as part of a Development Plan Review in accordance with Article 150.65.

(N) Plant Nursery or Greenhouse, Commercial in an R-E District.

(1) The facility shall be located on an arterial or collector road.

(2) All buildings, equipment, and other activities associated with the use shall be setback 75 feet from any residential lot line and 50 feet from any public street.

(3) The minimum parking setback shall be 20 feet from all lot lines, except for semi-truck parking areas and loading areas, which shall comply with the building setback requirements.

(4) The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises.

(5) The storage and display area of materials used for landscaping purposes and agriculturally related products necessary for maintaining the health of nursery stock shall not exceed ten (10) percent of the nursery or a maximum of one (1) acre, whichever is less, and shall be screened as specified in § 150.399 (A)(1) and (2). Related products include but are not limited to railroad ties, decorative stones, mulch and fertilizers.

(6) Landscape services shall be accessory to the production of nursery stock. The number of pieces and type of landscaping equipment may be limited by the Planning Commission according to site constraints and compatibility with surrounding uses.

(O) Research and Testing Laboratories.

(1) The principal activities of the use shall occur completely within an enclosed building.

(2) Where the site is adjacent to a residential zoning district boundary line and regulated as a conditional use, hours of operation may be restricted by the Planning Commission.

(3) No exterior odor, dust, noise, or other impacts shall be produced as a result of the use. The Planning Commission may impose additional noise reduction measures, including landscaping and sound barriers, to minimize noise and to maintain the prevailing noise levels of permitted uses in the zoning district.

(P) Retail, Large-format. The Planning Commission shall find that the proposed use is located and designed to be compatible with the other uses permitted in the district.

(Q) Vehicle Fuel Station; Vehicle Service Station, Minor, Vehicle Wash Establishment.

(1) The minimum lot area is 20,000 square feet, and the minimum lot width is 100 feet.

(2) When located on a corner lot, the facility shall have not less than 150 feet frontage on each of the two intersecting streets:

(a) The location of access drives shall be placed as far as possible from the intersection; and

(b) Shall be limited to no more than one (1) access drive per street frontage.

(3) A vehicle wash establishment may be combined with a vehicle fueling station or vehicle service station, provided the minimum lot size for the combined uses is a minimum of 40,000 square feet.

(4) Gasoline pumps may be erected in front of the established building line, but not less than 20 feet from the road right-of-way.

(5) Outdoor self-service vehicular vacuum stations shall be located in a side or rear yard.

(6) All activities, except those required to be performed at a fuel pump, air dispenser or self-serve vehicular vacuum, shall be conducted entirely within a building or garage.

(7) No inoperative motor vehicles, equipment, or parts shall be permitted to remain outside on the property, unless such vehicles are stored in an approved screened outdoor storage area.

(8) The Planning Commission may restrict the hours of operation where a site is adjacent to a residential zoning district boundary line and regulated as a conditional use.

(Ord. 2023-03, passed 2-27-2023)

§ 150.336 SUPPLEMENTARY REGULATIONS - PRODUCTION/DISTRIBUTION, UTILITIES, AND COMMUNICATIONS USES.

(A) Adult Oriented Business (AOB) establishment.

(1) The AOB shall not be located within 500 feet of any residentially zoned district, or within 500 feet of other adult oriented business establishments, day care centers, churches, public parks, schools, libraries or other public buildings or premises. Distances shall be measured in a straight line without regard to intervening structures, from the nearest portion of the building or structure where an adult oriented business is conducted, to the nearest property line of the premises of a place of worship, school or other protected building or premises.

(2) Adult oriented business establishments shall comply with all of the density, setback and parking requirements of the district and all other zoning, building and state building requirements.

(3) All buildings, entries, windows and the like, shall be located, covered or otherwise arranged in such a manner to prevent a view into the interior.

(4) No screen, stages, loudspeakers or other sound systems, shall be seen or heard from the exterior of an adult business establishment.

(5) No advertisements, displays, or other promotional materials displaying specified sexual activities or specified anatomical areas shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public or semi-public areas.

(B) Agriculture (Crops).

(1) For the purposes of this Zoning Code, the terms agriculture, agricultural activities and agricultural uses do not include the keeping of animals, animal products or animal husbandry.

(2) The minimum lot area shall be 5 acres.

(3) The minimum front setback for principal and accessory buildings and structures shall be comply with the requirements of the district.

(4) Agricultural uses shall properly manage fertilizer in compliance with all applicable local and state regulations, so as to not create a nuisance or health hazard to adjoining or nearby property owners.

(5) Farm stands are permitted when in compliance with the following:

(a) Such stands shall be freestanding structures that are no more than 200 square feet;

(b) Off-street parking facilities shall be limited to 4 parking spaces and shall be set back and separate from the right of way;

(d) Products sold at the farm stand shall be limited to farm products grown or raised on the premises.

(1) An outdoor electric vehicle charging station (EVCS) is a public or private parking space(s) that is (are) served by battery charging equipment with the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle.

(2) Outdoor EVCS for public use shall be permitted as an accessory use within any parking space in a parking lot, subject to the following regulations:

(a) A maximum of two parking spaces or 5% of the minimum required parking spaces, whichever is greater, shall be permitted as an accessory use.

(b) The EVCSs shall be located in a side or rear yard in a location that will be easily seen by the public for informational and security purposes and shall be illuminated during evening business hours.

(d) Complete instructions and appropriate warnings concerning the use of the EVCS shall be posted on a sign in a prominent location on each station for use by the operator.

(3) Outdoor electric vehicle charging stations for private use shall be permitted as an accessory use in compliance with the following:

(a) Be located in a side or rear yard and in a manner that will not allow public access to the charging station.

(b) The EVCS pedestals shall be protected as necessary to prevent damage by automobiles.

(4) All outdoor EVCS shall be maintained regularly, kept in good repair and operating condition.

(a) Outdoor EVCS shall comply with all state and federal requirements.

(b) The following information shall be posted at all electric vehicle charging stations:

(i) Voltage and amperage levels;

(ii) Hour of operations if time limits or tow-away provisions are to be enforced by the property owner;

(iii) Usage fees;

(iv) Safety information;

(v) Contact information for reporting when the equipment is not operating or other problems.

(D) Essential Services.

(1) Intent. Provision for essential services requirements are established in order to achieve, among others, the following purposes:

(a) To provide a reasonable assurance that right-of-way, easement or other spaces will be available for the installation, placement, erection or construction of utility systems;

(b) To provide for the alteration and maintenance of such utility systems; and

(c) To promote the general convenience, welfare and prosperity of business, service, research, production and manufacturing developments and convenience to residences, all of which depend upon essential services.

(2) Essential services that are necessary for the furnishing of adequate service by public utilities, municipal departments, commissions, or for the public health, convenience, safety or general welfare are permitted in all districts.

(3) Permitted essential services shall include:

(a) Locations underground, on the surface or overhead;

(b) Conveyances for gas, electrical, steam wastes or water;

(d) The components of such facilities may include: mains, drains, sewers, pipes, conduits, wires, cables, fiber optics, traffic signals, hydrants, poles and other similar equipment, and accessories in connection therewith, but not including telecommunication towers, which are otherwise regulated in this Zoning Code.

(4) All proposed essential services shall be reviewed and approved by a professional engineer selected by the Planning Commission and or the Village Administrator as authorized by Village Council.

(E) Self-storage Units/Mini Storage.

(1) The development plan shall indicate the orientation of the buildings and the number and size of storage units.

(2) The standard leases for rental of a self-storage units shall include clauses prohibiting the following:

(a) The storage of flammable liquids or radioactive, highly combustible, explosive or hazardous materials.

(b) The self-storage unit shall be used only for dead storage.

(c) No activities, such as the sale, repair, fabrication, or servicing of goods, motor vehicles, appliances, equipment, or materials shall be conducted from the self-storage units.

(3) All storage shall be within a completely enclosed building. The outdoor storage of inventory, materials, vehicles, merchandise or other personal property is prohibited.

(4) The maximum size of an individual storage compartment shall be 500 square feet.

(5) No storage unit door opening shall face a residential zoning district.

(6) Ornamental fencing is permitted and encouraged in the front of the building. No fence shall be topped with barbed wire or sharp edged materials.

(7) The Fire Department shall be provided 24-hour access to the grounds. A lockbox or similar mechanism shall be provided for the Fire Department’s use.

(F) Small Wind Energy Systems.

(1) Purpose. The purpose of this section is to establish general guidelines for the location of small wind energy systems. The village recognizes in some specific instances, under carefully controlled circumstances, it may be in the public interest to permit the placement of wind turbine generators in certain areas of the village. The village also recognizes the need to protect the village from unreasonable visual interference, noise radiation and that wind turbine generators may have negative health, safety, welfare and aesthetic impacts upon adjoining and neighboring uses.

(2) Intent.

(a) Protect residential areas from potential adverse impact of wind turbine generators;

(b) Permit wind turbine generators in selected areas by on-site residential, commercial or industrial users, subject to terms, conditions and provisions hereof;

(c) Ensure the public health, welfare and safety of the village’s residents in connection with wind turbine generators; and

(d) Avoid potential damage to real and personal property from the wind turbine generators or anemometer towers or the failure of such structures and related operations.

(3) Minimum Acreage and Maximum Heights Standards.

(a) A wind turbine shall be located on a single lot, with a minimum size of one acre.

(b) Only one wind turbine per lot owned, which must be operated and maintained by the property owner per address only.

(c) The maximum height of any turbine shall be 100 feet, which includes the tower and the maximum vertical height of the turbine’s blades. Maximum height shall be calculated by measuring the length of a prop at a maximum vertical rotation to the base of the tower, which shall be no higher than ground level.

(d) The wind turbine shall be an un-guyed, monopole style tower only.

(4) Setbacks.

(a) Any wind turbine system erected on a parcel of land shall establish a “clear fall zone” from all neighboring property lines and structures, public rights-of-way and utility rights-of-way, as well as any structures on the parcel intended for the turbine.

(b) The wind turbine shall be erected and placed on the lot in such a manner that if it were to fall, the entire system would be contained solely on the property where the turbine was installed, and would not strike any structures, including the primary dwelling and any accessory buildings or uses.

(5) Lighting. The maximum lighting used for or on the structure shall comply with state and federal regulations.

(6) Decibel levels. Decibel levels for the system shall not exceed 60 decibels (dba) measured at the property line.

(7) Color. Color of the unit as well as the location and size of the manufacturers identifying logos shall be included in the plan.

(a) Logos, advertising or other identification markers other than those of the manufacturer and model type are not permitted.

(b) The system, including the prop blades, turbine, cowling and tower shall be painted or coated white, gray or sky blue.

(8) Maintenance, construction and installation.

(a) A maintenance schedule as well as an erection and dismantling plan that outlines how the unit will be installed and dismantled shall be required as part of the permit. The plan shall include all potential impacts to neighboring properties and village assets.

(b) All power turbine distribution wire shall be installed underground.

(c) The owner shall notify the Zoning Administrator if operations of the wind turbine cease and the turbine shall be removed within 60 days of cessation of operations at owner’s expense.

(d) No grid-interconnected wind energy system shall be installed until evidence has been provided to the village that the utility company has been informed of the customer’s intent to install a grid-connected customer-owned generator.

(9) Permit Required. A zoning permit shall be required prior to construction of any individual wind turbine system. As part of the permit process, the applicant shall submit an application for conditional use approval as provided in Article 150.67, which shall include:

(a) A map or drawing visually showing the location of all public and private airports in relation to the location of the turbine, as well as any FAA restrictions that may be applicable;

(b) An engineering report performed by an engineer currently licensed to practice in the state that shows the following:

(i) The total size and height of the unit;

(ii) The total size and depth of the unit’s concrete foundation;

(iii) Foundation design sealed and signed by a professional structural engineer currently licensed by the state;

(iv) An average decibel rating for that particular model at the property line;

(v) A list and or depiction of all safety measures that will be on the unit including anti-climb device, grounding devices and lightning protection;

(vi) Data specifying the kilowatt size and generating capacity of the particular unit; and

(vii) Evidence of a “clear fall zone” with manufacturers recommendations.

(c) A scaled site drawing showing the location of the unit in relation to existing structures on the property, roads and other public rights-of-way and neighboring properties, including an aerial view of the existing site and adjoining properties with the tower location identified.

(10) Definitions. For purposes of regulating residential, commercial and industrial use of wind generators, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a) CLEAR FALL ZONE. An area surrounding the wind turbine unit into which the turbine and or turbine components might fall due to inclement weather, poor maintenance, faulty construction methods or any other condition causing turbine failure, that shall remain unobstructed and confined within property lines of the primary parcel where the turbine is located, the purpose being that if the turbine should fall or otherwise become damaged, the falling structure will be confined to the primary parcel and will not fall onto dwellings, accessory buildings nor intrude onto a neighboring public or private property.

(b) MONOPOD TYPE TOWER. A tower constructed of a single component such as a pipe or tube. Towers of an open web truss style similar to a conventional television tower or radio communications tower, though they may be self-supporting, are not considered monopod types.

(c) PRIMARY STRUCTURE. For each property, the structure that one or more persons occupy the majority of time on that property for either business or personal reasons. PRIMARY STRUCTURES include structures such as residences, commercial buildings, hospitals and day care centers.

(d) PROFESSIONAL ENGINEER. A qualified individual who is licensed to practice as a professional engineer in the State of Ohio.

(e) SMALL WIND ENERGY SYSTEM. A wind driven system generating 30kw or less.

(f) WIND POWER TURBINE OWNER. The person or persons who own the wind turbine structure and the property on which it is constructed.

(g) WIND POWER TURBINE TOWER. The support structure to which the turbine and rotor are attached.

(h) WIND POWER TURBINE TOWER HEIGHT. The distance from the rotor blade at its highest point to the top surface of the wind power generating facility (WPGF) foundation.

(G) Solar Collector Systems, Ground-Mounted and Roof-Mounted.

(1) Solar collector systems shall be limited to small-scale solar collectors and shall be permitted only as an accessory use to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected.

(2) Ground-mounted solar collector systems shall comply with the following:

(a) The minimum lot area shall be five (5) acres, and the ground area covered by the solar panels shall not exceed one (1) percent of the lot area.

(b) The area of the ground mounted solar collectors shall not count toward the maximum lot coverage if the ground below the structure is permeable or substantially pervious to water.

(c) The height of the ground mounted solar collectors and any mounts shall not exceed fifteen (15) feet when oriented at maximum tilt.

(d) In Residential Districts, ground mounted solar collectors and associated equipment shall be located in a rear yard and comply with the minimum side and rear setbacks for principal buildings in the applicable zoning district.

(e) In Nonresidential Districts, ground mounted solar collectors and associated equipment shall be located in a side or rear yard and comply with the minimum side and rear setbacks for principal buildings in the applicable zoning district.

(f) Ground mounted solar collectors shall be designed and located in an arrangement that minimizes glare or reflection onto adjacent properties and adjacent roadways, and does not interfere with traffic or create a safety hazard.

(g) All ground mounted solar energy collector systems shall be enclosed by a fence or wall six feet in height, and a landscaping buffer shall be provided around the perimeter of any portion of a ground mounted solar collector system that is visible from an adjacent residentially used property or a public street. All landscaping shall be maintained in compliance with Article 150.39.

(3) Roof-mounted solar collector systems are permitted as an accessory use when attached to a principal or accessory building and installed in conformance with the following:

(a) Roof-mounted solar panels that are integrated with the surface layer of the roof structure or are mounted flush with the roof structure are permitted on any roof surface of a principal building or accessory building.

(b) For flat roofs or the horizontal portion of mansard roofs, the solar panels may extend up to three (3) feet above the highest point of the roof.

(c) For pitched, hipped, or gambrel roofs, whenever solar panels are located visible from a public street, the panels shall be mounted at the same angle as the roof’s surface with no more than 18 inches between the roof and the upper side of the solar panel.

(d) Solar collectors shall be considered part of the building and shall comply with all building height and setback requirements.

(e) Glare. Solar panels shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties or streets.

(4) Utility Connections.

(a) All exterior utility lines for ground mounted solar energy systems shall meet all applicable building and electric codes.

(b) If the proposed solar collector system is to be connected to the electricity power grid through net metering, the owner must receive written approval from the electric utility service provider that serves the proposed site. Copies of the written approval shall be submitted with the zoning permit application.

(5) In the event a solar collector ceases its useful intended operation for a period of six (6) months, the solar collector shall be considered abandoned. The owner/operator shall remove the non-functioning collector within 180 days after receipt of a notice from the Zoning Inspector to do so. Removal shall consist of the physical removal of all solar collector panels, mounts and associated equipment, from the site, the disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations, and, for ground-mounted solar panels, the stabilization or revegetation of the site as necessary to minimize erosion.

(H) Utility Substation and Transmission Facility.

(1) Facilities shall be limited to structures that are essential for the distribution of services to the local area or when topographical features restrict the location of such facility.

(2) Utility Substations and Transmission Facility, as measured from the outermost edge of the facility, shall be located a minimum of 50 feet from any residential property line.

(3) Natural or man-made barriers shall be provided to lessen any impact on and views from an adjacent residential area. In making this determination, the proximity of residential uses, the form of surrounding built environment, and the location and type of surrounding land uses shall be considered by the Planning Commission.

(4) Fences and walls, in excess of six (6) feet in height, shall be setback from every public street right of way line a distance no less than twelve (12) feet and shall be setback from every other property line a distance of no less than ten (10) feet. Within these setbacks, evergreen shrubs and trees shall be planted in conformance with § 150.397(G)(1)(a).

(5) Storage of materials shall be within a completely enclosed building.

(I) Wireless Telecommunication Facilities.

(1) Purpose. These regulations are established to provide for the construction and use of wireless telecommunication facilities, which shall include all antennas, towers, and support structures, within areas of the village as permitted herein except for noncommercial antennas in residential districts. The intent of these regulations is to balance the competing interests created by the Federal Telecommunication Act of 1996, Public Law 104-104, and the interests of the village in regulating wireless telecommunication towers and related facilities for the following purposes:

(a) To protect residential areas and avoid potential damage to adjacent properties from wireless telecommunication antennas, towers, support structures and facility failure;

(b) To protect property values;

(c) To encourage the joint use of any new and existing wireless telecommunication towers and related facilities to minimize the number of such structures within the village; and

(d) To minimize the adverse visual effects of wireless telecommunication towers and related facilities.

(2) Accessory Use. Whenever a wireless telecommunication facility is permitted in a district, it shall be permitted as an accessory use to an existing principal use, as noted below, requiring conditional use approval in compliance with Article 150.67.

(3) Antenna Attached to an Existing Building. An antenna for a wireless telecommunication facility may be attached to an existing residential building four or more stories in height or to an existing nonresidential structure subject to the following conditions.

(a) Maximum height. The antenna shall not extend more than 20 feet above the roof of the existing building or top of the existing structure.

(b) Roof setback. The pole structure supporting such antenna shall be set back one foot from the edge of such roof for each one foot of height above such roof. This requirement shall not apply to antennas two inches or less in thickness without a supporting pole structure.

(c) Separate equipment shelter. If the applicant proposes to locate the telecommunication equipment in a separate equipment shelter, not located in or attached to the building, the equipment shelter shall comply with the accessory building regulations of the district and not be located above the ground within any required front or side yard.

(d) Vehicular access. Vehicular access to the equipment shelter shall be via the existing circulation system and be paved with asphalt or concrete.

(4) Tower. A freestanding wireless telecommunication tower may be erected as an accessory use to a public or institutional use within a residential zoning district, provided the Planning Commission finds the following standards have been met.

(a) Minimum lot size for principal use. The minimum lot size for principal use for which the tower is accessory shall be five (5) acres.

(b) Minimum setback from property lines and residential structures. The minimum setbacks and yard requirements shall be established by the Planning Commission.

(c) Maximum height. The height of such tower shall be subject to approval by the Planning Commission and be the minimum height necessary.

(d) Equipment shelter. The minimum setbacks, height limits, bulk requirements and screening standards shall be established by the Plan Commission during the conditional use process. Such shelter shall not be located above ground in any required front or side yard.

(e) Required buffer. A buffer screen shall be planted around the perimeter of the site.

(5) Vehicular access. Vehicular access to the equipment shelter shall be via the existing circulation system and be paved with asphalt or concrete.

(6) Noncommercial Antennas in Residential Districts. Noncommercial antennas for individual, private use, such as but not limited to, amateur radio antennas, shall comply with the regulations in Article 150.21.