Article 9

ARTICLE 9

 

PROCEDURES AND REQUIREMENTS FOR CONDITIONAL USE PERMITS;  SUBSTANTIALLY SIMILAR USES;  ACCESSORY USES

 

  1. Purpose   

In recent years, the characteristics and impacts of an ever-increasing number of new and unique uses, together with the broadening of numerous conventional uses, have fostered the development of more flexible 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.  Toward these ends, it is recognized that this Resolution should provide for more detailed evaluation of each use conditionally permissible in a specific district with respect to such considerations as location, design, size, method(s) of operation, intensity of use, public facilities requirements and traffic generation.  Consequently, conditional use permits are not affected by the transfer of ownership.


9.1                   Contents of Conditional Use Permit Application  

Any owner, or agent thereof, of property for which a conditional use is proposed shall make an application for a conditional use permit by filing it with the Zoning Inspector, who shall within seven days transmit it to the Board of Zoning appeals.  Such application at a minimum shall contain the following information:

  1. Name, address and phone number of the applicant;
  2. Legal description of the property;
  3. Zoning district;
  4. Description of existing use;
  5. Description of proposed conditional use;
  6. A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, streets and traffic accesses, open spaces, refuse and service areas, utilities, signs, yards, landscaping features and such other information as the Board may require;
  7. A narrative statement discussing the compatibility of the proposed use with the existing uses of adjacent properties and with the Comprehensive Plan, to include an evaluation of the effects on adjoining properties of such elements as traffic circulation, noise, glare, odor, fumes and vibration;
  8. A list containing the names and mailing addresses of all owners of property within five hundred (500) feet of the property in question;
  9. A fee as established by resolution;
  10. A narrative addressing each of the applicable criteria contained in Section 9.2.

 


9.2                   General Standards For All Conditional Uses   

The Board shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location;

  1. Is in fact a conditional use as established under the provisions of Article 9 and appears on the Schedule of District Regulations adopted for the zoning district involved;
  2. Will be in accordance with the general objectives or with any specific objective, of the County’s Comprehensive Plan and/or zoning resolution;
  3. 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 change the essential character of the same area.
  4. Will not be hazardous or disturbing to existing or future neighboring uses.
  5. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools;  or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;
  6. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
  7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
  8. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares;
  9. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.

 


9.3                   Public Hearing

The Board of Zoning Appeals shall hold a public hearing within a reasonable time after it receives an application for a conditional use permit submitted by an applicant through the Zoning Inspector.

 


9.4                   Notice of Public Hearing

Before conducting the public hearing required in Section 9.34, notice of such hearing shall be given in one or more newspapers of general circulation in the County at least ten (10) days before the date of said hearing.  The notice shall set forth the time and place of the hearing and shall provide a summary explanation of the conditional use proposed.


9.5                   Notice to Parties of Interest

Prior to conducting the public hearing required in Section 9.34, written notice of such hearing shall be mailed by the Chairman of the Board of Zoning Appeals, by first class mail, at least ten (10) days before the date of the hearing to all parties of interest, to include all property owners listed on the application.  The notice shall contain the same information as required in Section 9.34 for notices published in newspapers.


9.6                   Action by the Board of Zoning Appeals

Within thirty (30) days after the date of the public hearing required in Section 9.33, the Board shall take one of the following actions:

  1. Approve issuance of the conditional use permit by making an affirmative finding in writing that the proposed conditional use is to be located in a district wherein such use may be conditionally permitted, that all conditions for approval of such use in such district have been met and that such use will neither result in significant negative impacts upon nor conflict with surrounding uses.  Such written finding may also prescribe supplementary conditions and safeguards as specified in Section 9.37.  Upon making an affirmative finding, the Board shall direct the Zoning Inspector to issue a conditional use permit for such use which shall list all conditions and safeguards specified by the Board for approval.
  2. Make a written finding that the application is deficient in information or is in need of modification and is being returned to the applicant.  Such finding shall specify the information and/or modifications which are deemed necessary.
  3. Make a written finding that the application is denied, such finding specifying the reason(s) for disapproval.  If an application is disapproved by the Board, the applicant may seek relief through the Court of Common Pleas.

 


9.7                   Supplementary Conditions and Safeguards

In granting approval for any conditional use, the Board may prescribe appropriate conditions and safeguards in conformance with this Resolution.  Any violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a punishable violation of this Resolution.

 


9.8                   Expiration of Conditional Use Permit

A conditional use permit shall be deemed to authorize only one particular conditional use and said permit shall automatically expire if such conditionally permitted use has not been instituted or utilized within one (1) year of the date on which the permit was issued or if for any reason such use shall cease for more than two (2) years.


9.9                   Regulation of Accessory Uses

The provisions of this section shall apply to the location and maintenance of accessory uses in order to promote the public health, safety and welfare.  It is the intent of these sections to permit such uses to be established and maintained in a manner which makes them compatible with principal uses and harmonious with uses upon adjacent properties.


9.10                Definition

Accessory use and structure means a subordinate use or structure which is incidental to and in association with a principal use or structure and which is customarily required or provided for the principal use or structure.


9.11                Features Noted as Accessory Uses and Structures

Accessory uses and structures can either be attached to or disattached from a principal structure or use, such as fences, walls, sheds, garages, parking places, decks, poles and signs.


9.12                Accessory Use and Structures as Permitted Uses

To ensure that confusion is at a minimum, each land use district provides specific regulations for accessory uses and structures.  However, as a general indication, all accessory uses and structures are considered to be permitted uses and will be enforced as such.


9.13                Certificate for Conditional Use

  1. The Zoning Inspector shall upon his own initiative or shall upon the request of any owner, issue a certificate for any conditional use properly approved.

b.         The purpose of this section is to protect the owners of lands or structures that are of a conditional nature.  No fee shall be charged for such a certificate.  One copy of the certificate shall be returned to the owner, one shall be sent to the Erie County Department of Planning and Development and one copy shall be retained by the Zoning Inspector, who shall maintain as a public record a file, along with an indexed overlay of all such certificate.


9.14                Public Service Facility  

  1. All permanent buildings shall be constructed and designed so as to conform with the setback and building design of existing uses in the district.
  2. Screening and plantings to buffer any structures other than buildings from adjacent residential uses are required.
  3. Must be licensed by the State Fire Marshal’s Office.

 


9.15                Church  

  1. The lot area shall be adequate to accommodate the required off street parking requirements of the church.
  2. The church building and parking shall be set back from any adjacent residential property line a minimum of fifty (50) feet.
  3. Parking should not be permitted within fifty (50) feet of any side or rear property line where feasible.
  4. A cemetery shall not be permitted use in conjunction with the church.

 


9.16                Cemetery  

  1. The site shall have direct access to a major thoroughfare which the Board of Zoning Appeals determines is adequate to serve the size of the facility proposed.
  2. Any new cemetery shall be located on a site containing not less than twenty (20) acres.
  3. All buildings, including but not limited to, mausoleums and maintenance buildings, shall not be located within one hundred (100) feet of any property line.
  4. All graves or burial lots shall be set back not less than fifty (50) feet from any property line.

 


9.17                Attorney, Architect, Accountant, Engineer, Insurance Agency, Real Estate, Tax Preparation Service and Bookkeeping Service Offices and Other Similar Establishments

  1. Parking spaces shall be provided as required in this Resolution, provided that the Board of Zoning Appeals may increase the number of required spaces on the basis of the nature of the office and on the basis of generally known parking conditions in the neighborhood.
  2. The design, location and surface of the parking area shall be subject to approval of the Board of Zoning Appeals so as to reduce congestion, promote safety and to reduce the impact on the residential character of the neighborhood.
  3. One sign, not exceeding four (4) square feet in area and mounted flush against the building, shall be permitted.

 


9.18                Veterinary Clinic and Kennel  

Outdoor pens and exercise runs shall be kept in a clean and sanitary condition and shall be screened from public view.  A screening plan shall be submitted to the Board of Zoning Appeals for approval.

Sanitation practices shall be adequate to assure that objectionable odors shall not be noticeable on or off the lot considering various wind conditions.

The applicant shall submit a written statement showing the measures and practices he will use to reduce the noise level in the design of the building and the management or rotation of animals in outdoor exercise runs.

No dead animals shall be buried on the premises and incineration of dead animals shall not create odors or smoke.

In addition, the following shall apply:

Animal hospital, veterinarians’ offices and commercial animal kennels are permitted within the General Commercial and Industrial Districts, subject to the provision that all buildings, structures and facilities, including runways, are located at least three hundred (300) feet from any property line in the Agricultural District or any residential district and other pertinent provisions of this Resolution.

Veterinarian Outpatient Clinics shall be designed, constructed and maintained so that sound emitted through exterior walls and roofs enclosing areas where animals are treated or kept during treatment shall not exceed 45 decibels.

Building plans submitted for Building Permit Application for Veterinarian Outpatient Clinics shall include a certificate by a registered architect or acoustical engineer that the building will meet the requirements.  Existing buildings that are to be used as Veterinarian Outpatient Clinics shall also be certified by a registered architect or acoustical engineer as complying with the requirements.  Standards that apply to kennels shall be as follows:

  1. Minimum lot area shall be two (2) acres.
  2. All animal boarding buildings that are not wholly enclosed and any outdoor animal pens, stalls or runways shall be within the rear yard.
  3. All animal boarding buildings that are not wholly enclosed and any outdoor animal pens, stalls or runways shall be a minimum of one hundred (100) feet away from all property lines.
  4. All outdoor running areas shall be enclosed to prevent the escape of animals;  all such enclosure shall be a minimum of ten (10) feet from all property lines.
  5. All animal wastes shall be regularly cleaned up and properly disposed of;  and
  6. The applicant shall demonstrate a working plan to prevent or alleviate any noise problems emanating from animals boarded at the site.

 


9.19                Child Day Care Center Type A Family Day Care Home      

  1. Outdoor playgrounds, tot lots, exercise areas, etc. shall be fully enclosed by a fence, the height and design which shall be approved by the Board of Zoning Appeals;
  2. The applicant shall submit a parking and traffic circulation plan to the Board of Zoning Appeals for approval.  The design, location and surface of the parking areas and vehicular approaches shall be subject to approval by the Board of Zoning Appeals so as to reduce congestion, promote safety and reduce the impact on the residential character of the neighborhood.  The plan shall provide for the separation of incoming and outgoing vehicles during high volume periods and shall provide a safe drop off point for children that will not impede other traffic.

 


9.20                Funeral Home      

  1. The buildings shall be designed so as to conform with the architectural character of the neighborhood.
  2. The applicant shall submit a parking and traffic circulation plan to the Board of Zoning Appeals for approval.  The design, location and surface of the parking areas and vehicular approaches shall be subject to approval by the Board of Zoning Appeals so as to reduce congestion, promote safety and reduce the impact on the character of the neighborhood.  The plan shall provide for the separation of incoming and outgoing vehicles during high volume periods and shall provide a safe drop off point for visitors and will not impede other traffic.

9.21                Boarding Home, Rooming House  

  1. No more than one person shall occupy each sleeping room.
  2. Fire escapes shall be provided as approved by the Board of Zoning Appeals.
  3. Fire exit instructions shall be posted in each sleeping room.
  4. All applicable provisions of the fire code shall be met and certification of such compliance by the appropriate official shall accompany the application.

 


9.22                Bed and Breakfast Homestay or Tourist Home  

A private owner-occupied residence with one to three guest rooms.  The bed and breakfast homestay must be subordinate and incidental to the main residential use of the building.

Standards that apply to bed and breakfast or tourist homes are as follows:

  1. No modifications to the external appearance of the building (except fire escapes) which would alter its residential character, shall be permitted.
  2. All floors above grade shall have direct means of escape to ground level.
  3. One (1) off street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit.
  4. All parking areas shall be set back a minimum of twenty five (25) feet from all property lines.
  5. One unit announcement sign shall be permitted exceeding not two (2) feet in area and three and one-half (3 ½) feet in height.
  6. Length of stay shall not exceed fourteen (14) days.

 


9.23                Mini-Storage Buildings   

  1. Purpose – This section is to provide for the development of mini-storage buildings in commercial district C-2 and such use shall be a conditional use.  For the purpose of this Resolution, a mini-storage building shall mean a structure or group of structures for the dead storage of customer’s goods and wares where individual stalls or lockers are rented out to different tenants for storage and where the maximum size of the stall shall be six hundred square feet and not more than four thousand square feet shall be leased to a single tenant.
  2. Not to Restrict Use by Right – Nothing herein shall be deemed to limit warehouse use within an industrial district as elsewhere permitted or provided for by this Resolution.
  3. Conditional Use-Required – The Zoning Board of Appeals may, after the review and recommendation of the Commission, approve a plan for mini-storage buildings upon any tract zoned C-2 when such plan is found to comply with the conditions and requirements hereinafter set forth.
  4. Contents of Plan;  Site Review
  5. General requirements

 

  1. No lot shall be less than two acres.
  2. The lot shall abut and gain direct access to a local nonresidential, collector or arterial street as specified in the Major Thoroughfare Plan.
  3. The plan shall show the existing site along with surrounding land within two hundred (200) feet of its border.  Street rights-of-way and easements shall be included.  (The area two hundred (200) feet adjacent to the site may be shown by a location map).
  4. The plan shall be drawn at a scale of one inch equals fifty (50) feet or larger.  Said plan shall include all building locations, drives, parking, fencing and signage.  A landscape plan shall also be incorporated as part of the site plan or submitted as a separate sheet.  Building elevations shall also be included on the plan along with specification of the colors of buildings and materials to be used.
  5. Storm water management shall be incorporated into the plan so that storm water runoff from the site will not increase as a result of the proposed development.  The facility shall be designed to control the storm water runoff from at least a 25 year return frequency storm as certified by a professional engineer.
  6. No business activity other than rental of storage units shall be conducted on the premises and no outside storage will be permitted.
  7. Outdoor lighting of any kind – All outdoor lights shall be shielded to direct light and glare only onto the mini-warehouse premises and may be of sufficient intensity to discourage vandalism and theft.  Said lighting and glare shall be deflected, shaded and focuses away from all adjoining property.
  8. Building setbacks shall be as follows:

Front Yard – Not less than 25 feet on which all parking and internal drives are prohibited.

Side Yard – Not less than 12.5 feet on which all parking and internal drives are prohibited.

Rear Yard – Not less than 12.5 feet on which all parking and internal drives are prohibited, except that where a rear yard if not required adjacent to commercial or industrial zoned land, then no rear yard is required.

  1. The storage facility shall be enclosed by a six foot high, sight-proof fence.  Said fence shall be solid or semi-solid and constructed to prevent the passage of debris or light and constructed of either brick, stone, masonry units, wood or similar materials.  Chain link fence may be used so long as it has slats installed to prevent the passage of light through the unit.  Said fence shall be set back six feet from the side property lines and rear property line.  When a rear property line is not required, a lesser setback for a fence can be granted.  Fences shall also be set back 25 feet from the front property line.
  2. Landscaping shall be provided in the areas between the property line and the required fencing.  Landscaping shall consist of a variety of hardy evergreen planted material consisting of trees, low-medium and high profile shrubs, together with suitable groundcover such as native grasses, bark, ornamental gravel or a combination thereof.  The landscaping shall be designed, placed and maintained in such a manner that no wall, fence, sign or other structure of plant growth of a type that would interfere with traffic visibility shall be permitted or maintained higher than three feet above curb level, within fifteen feet of the intersection of any street right-of-way line or driveway.
  3. Parking shall be provided at a ratio of one space for each 2,000 square feet of gross building area, plus tow spaces for the manager.  One additional space shall be provided for each additional employee.  Internal drives and parking shall be paved or provided with a hard, dustless surface satisfactory to the Township.
  4. Building heights shall be limited to one story (not to exceed 14 feet at the eaves).
  5. Signs shall be limited to one ground pole sign at the entrance to the premises.  Not more than thirty-two (32) square feet shall be permitted with a maximum height of ten (10) feet.  This provision shall control any and all contrary or conflicting provisions of the sign regulation of Chapter 19.

 

  1. On-Site Manager Required – No facility herein provided for shall be used or maintained unless or until an on-site manager shall be provided for such facility.  Failure to provide such a manager shall be grounds for revocation to the conditional use permit.
  1. Commercial Activity Prohibited – The sale of any item from or at a mini-storage building is specifically prohibited.

 

  1. It shall be unlawful for any owner, operator or lessees of any storage warehouse or portion thereof to offer for sale or to sell any item of personal property or to conduct any type of commercial activity of any kind whatsoever other than leasing of the storage units.
  1. Repair of Autos, Boats, Motors and Furniture Prohibited  – Because of the danger from fire or explosion caused by the accumulation of vapors from gasoline, diesel fuel, paint, paint remover and other flammable materials, the repair, construction or reconstruction of any boat, engine, motor vehicle or furniture and the storage of any propane or gasoline engine or propane or gasoline storage tank or any boat or vehicle incorporating such components is prohibited within any structure on a tract of land designated as a residential storage warehouse.

 

  1. Violations – Any violation of the regulation regarding mini-storage buildings shall be grounds for the revocation of the conditional use permit and shall also be considered to be in violation of this zoning resolution.


9.24                Airport   

An airport or heliport may be permitted in any District as a special use, provided:

  1. The area shall be sufficient to meet the Federal Aviation Administration requirements for the class of airport proposed.
  2. There is not existing flight obstruction such as towers, chimneys or other tall structures which would fall within the approach zone to any of the proposed airport runways or landing strips.
  3. There is sufficient distance between the end of each usable landing strip and the airport boundary to satisfy the requirements of the Federal Aviation Administration or any other appropriate authority.  In cases where air rights or easements have been acquired from the owners of abutting properties, in which approach zones fall, satisfactory evidence thereof shall be submitted with the application.
  4. Any building, hangars or other structures shall be at least one hundred (100) feet from any street or lot line.
  5. Adequate space for off-street parking for at least fifty vehicles shall be provided.  If, in the opinion of the Board of Township Trustees, off-street parking space for more than fifty vehicles will be required, the Board shall increase this requirement.
  6. The application for authorization of an airport shall be accompanied by a plan, drawn to scale, showing the proposed location of the airport; boundary lines; dimensions; names of the owners of abutting properties; proposed layout of runways, landing strips or areas, taxi strips, aprons, roads, parking areas, hangars, buildings and other structures and facilities; the location and height of all buildings, structures, trees and overhead wires falling within the airport approach zone and less than five hundred (500) feet distance from the boundary lines of the airport, other pertinent data such as topography and grading plan, drainage, water and sewage etc.
  7. The plans of the proposed airport shall be reviewed by the Regional Planing Commission.  In its review of the proposed airport, the Planning Commission shall make at least the following two (2) finds:

 

  1. The airport is not in conflict with any existing element of the Master Plan;
  2. The benefits of and need for the airport are greater than any possible depreciating effects and damages to the neighboring property.

9.25                Golf Courses and Driving Ranges 

  1. All buildings and structures shall be at least thirty (30) feet from all property lines.
  2. A minimum of two off-street parking spaces shall be provided for each driving tee and putting green.  Additional spaces shall be furnished for other uses in conjunction with the range.
  3. All drives and parking areas shall be surfaced with a hard, durable material and properly drained.
  4. All lights shall be directed away from site boundary lines.
  5. Fences, planting or sufficient area shall be provided to insure the safety and protection of persons on all adjacent land.
  6. Except in districts where signs are allowed, one non-flashing sign, not to exceed sixty (60) square feet in area, may be provided at the major entrance.
  7. All driving directions shall be away from any street or highway.

 


9.26                Hotels and Motels

Motels shall utilize collective sewers connecting with an approved community or individual sewage disposal system.

Any lot to be used for a motel shall not be less than one (1) acre in area and shall contain not less than two thousand (2,000) square feet per sleeping unit.  All buildings and structures shall be distant at least sixty (60) feet from a front lot line and at least twenty five (25) feet from the rear and side lot lines.  The buildings and structures on the lot shall not occupy in the aggregate more than twenty five (25%) percent of the area of the lot.

All areas not used for access, parking, circulation, buildings and services shall be completely and permanently landscaped and the entire site maintained in good condition.

Motels, motor courts and hotels may be established in business and industrial districts subject to area, yard and height regulations of those districts.

Motels, motor courts and hotels may be established in office districts subject to area, yard and height regulations of those districts and provided no part of the property so used is located within one hundred (100) feet of any residential districts.

Allowable commercial uses shall be located only in a motel, motor court or hotel having a minimum of seventy five (75) rental units.

Gross floor area used for commercial purposes shall be limited to seventy five (75) square feet per rental unit.  Ballrooms, conference rooms, meeting rooms and similar assembly facilities shall not be included in determining gross floor area used for commercial purposes.

Public entry to commercial facilities shall be from interior of building with no direct public entrance from street or outside of building permitted.
No merchandise or merchandise display window shall be visible from outside the building.

No outside storage or display of merchandise shall be permitted.

No business or identification sign pertaining to commercial uses shall be visible from outside the building.
Permitted commercial uses shall be limited to the following:  dispensing of drugs, flower shops, laundry and dry cleaning pick up stations, restaurants, food and beverage service facilities, snack bars and sundry shops.  Motels, motor courts and hotels may be established in the institutional districts subject to area, yard and height regulations of those districts and provided no part of the property so used is located within one hundred (100) feet of any residential district.  Associated commercial uses may be established in the institutional districts in conjunction with motels, motor courts and hotels except that restaurants and food and beverage service facilities shall be exempt from these limitations.


9.27                Transmitter/Receiver Towers  

Transmitter towers and accessory buildings used only in connection with the operation of the transmission of radio, facsimile or television broadcasting after the plan for the location of such structures and the method of operation shall have been approved by the zoning inspector when in compliance with the following regulations:

  1. No building or structure other than the aforesaid accessory buildings shall be located or proposed to be located within a circle having the transmitter tower as its center and a radius equal to twenty (20%) percent of the height of the tower or one hundred (100) feet, whichever is greater.
  2. No building or structure other than the aforesaid accessory buildings shall be located in an area twenty (20) feet each side of the radial line between the center of the transmitter tower and each guy anchorage.
  3. No tower guy anchor and approved enclosure for the same shall be located closer than thirty (30) feet to any lot line, street line or street line extended if the adjacent lot or parcel is used or intended to be used for residential purposes.

 


9.28                Cellular Telephone Communications Service  

“In the case of a person that plans to construct a tower in the township in an area zoned for residential use, the person utility shall conform to the provisions set forth in Section 519.211 of the Ohio Revised Code”.

  1. In the event the Board of Trustees receives a notice under subsection (B) (3) (a) (iii) or R.C. 519.211 within the time provided by that section requesting that township zoning apply to the proposed telecommunication tower or any Board member has an objection to the proposed location of the tower as provided in subsection (B) (4) (a) of that statute within the time provided by that subsection, then the telecommunications tower shall be considered a conditionally permitted use and shall be permitted only if the Board of Zoning Appeals finds upon application and hearing that in addition to any other conditions which are applied generally to conditionally permitted uses by this resolution that all of the following provisions have been met:
  1. The base of such tower shall be surrounded by a fence eight (8) feet in height with a locked gate and as close as is practical to the tower.
  2. The base of said tower and any accessory buildings shall be inside of the fence and shielded by a greenbelt of living plant material well maintained and replanted as necessary in order to provide year around obstruction from the public view.
  3. No lights shall be permitted on the tower except those specifically required by state or federal law or regulations.
  4. The site shall be a minimum of three (3) times the height of the tower from the nearest parcel of land used for residential purposes.
  5. The minimum setback line between the base of the tower and all adjacent properties shall be three (3) times the height of the tower.
  6. Underground wiring shall be required.
  7. If the tower is abandoned, it shall be removed within ninety (90) days of its last date of operation.

 

  1. The owner of the abandoned tower shall be responsible for its removal.  If the owner of the abandoned tower defaults in removing the tower in the prescribed time period, the owner of the property upon which the tower stands shall be responsible for removal of the tower.  Said property owner shall remove the tower within ninety (90) days of the date of said default by the tower owner.
  2. The person who constructed the tower shall be required to post a bond with the Berlin Township Trustees in an amount sufficient to cover the cost of removal if the tower should become abandoned.
  1. Appropriate building and electrical permits shall be obtained and all construction shall be in accordance with the appropriate building and electrical codes.  If no local codes are in force then state building and electrical codes shall apply.
  2. The applicant shall demonstrate that all intrusive alternatives and locations, including leasing space on the existing towers are not feasible for its operation.

 

  1. The application for the Conditional Use Permit for installation of the tower shall bear signatures of both the Tower Company (applicant) and the owner of the property upon which the proposed tower is planned to be erected.

j.          The applicant shall demonstrate that the proposed tower is necessary because it has been unable to co-locate its radio frequency transmission or reception equipment on any existing tower.
k.         Each tower shall be designed and constructed to accommodate the addition and co-location of a minimum of two (2) additional radio frequency transmission or reception facilities.

 

 


9.29                Housing for the Elderly  

Housing for the elderly shall not exceed a height of forty (40) feet.  All housing for the elderly shall be provided on a site of at least five (5) acres in area and may provide the following:

    1. Townhouse and/or apartment type dwelling units.
    2. Common services containing, but not limited to, central dining rooms, recreational rooms, central lounge and workshops.
    3. All dwellings shall consist of at least three hundred and fifty (350) square feet per unit (not including kitchen and sanitary facilities).
    4. Total coverage of all buildings, (including dwelling units and related service buildings) shall not exceed thirty five (35) percent of the total site, exclusive of any dedicated public right-of-way.

 


9.30                Convalescent and/or Nursing Home   

Convalescent and/or nursing home, not to exceed a height of forty (40) feet when the following conditions are met:

  1. The site shall be so developed as to create a land-to-building ratio on the lot or parcel whereby for each one (1) bed in the convalescent home there shall be provided not less than fifteen hundred (1,500) square feet of open space.  The fifteen hundred (1,500) square feet of land per bed shall provide for landscaping, off-street parking, service drives, loading space, yard requirements and spaces required for accessory uses.
  2. No building shall be closer than forty (40) feet from any property line.

 


9.31                Education Facilities  

Educational facilities such as colleges, universities and other such institutions of higher learning, public and private, offering courses in general, technical or religious education, all subject to the following conditions:

  1. Any use permitted herein shall be developed only on sites of at  least forty (40) acres in area.
  2. No building or other use of land, except landscaped passive areas shall be situated within one hundred (100) feet of any private residence not included as part of this site.

 


9.32                Firework Sales  

Any business handling fireworks must meet the following provisions:

  1. Any use permitted herein shall be developed only on sites of at least forty (40) acres in area.
  2. No building or other use of land, except landscaped passive areas shall be situated within one hundred (100) feet of any private residence not included as part of this site.

 


9.33                Sewage Treatment

Sewage treatment plants (public or private) provided such facilities are set back a minimum of fifty (50) feet from any adjoining residential property line and are screened from view of any residential property.


9.34                Public, Parochial Schools

Public, parochial and other private elementary, intermediate and/or high schools offering courses in general education, but not commercial trade schools.  No school permitted in this subsection shall be located nearer than one hundred (100) feet to any adjacent zoned single family property.  Every school property shall be surrounded by a minimum five foot chain link fence on property sides.


9.35                Automobile Service Stations

  1. The curb cuts for ingress and egress to a service station shall not be permitted at such locations that will tend to create traffic hazards in the street immediately adjacent thereto.  Entrances shall be no less than fifty (50) feet from a street intersection (measured from the road right-of-way) or from adjacent residential districts.
  2. The minimum lot area shall be twenty thousand (20,000) square feet, with minimum lot sides of one hundred fifty (150) feet each and so arranged that ample space is available for motor vehicles which are required to wait for services.
  3. Automobile service stations shall not be located within five hundred (500) feet of any school.
  4. All lighting shall be shielded from adjacent residential districts.

 


9.36                Travel Trailer Park

  1. All repairs shall be conducted within a wholly enclosed building.
  2. Outdoor areas used for display shall be provided within a permanent, durable and dustless surface and shall be graded and drained as to dispose of all surface water accumulated within the area in accordance with the specifications of the County Engineer.
  3. Points of ingress and egress to the lot shall be distant at least fifty (50) feet from the right-of-way of the intersection of any two (2) streets.
  4. All lighting shall be shielded from adjacent residential districts.

 


9.37                Recycling Paper, Glass and Metal Products

Standards that apply to the recycling of paper, glass and metal products are as follows:

  1. All operations, including collection, shall be conducted within a wholly enclosed building.
  2. There shall be no outdoor storage of materials used or generated by the operation.
  3. The applicant shall explain the scope of operation and any measures used to mitigate problems.
  4. The applicant will ensure regular maintenance of the site to assure the immediate collection of stray debris.

 


9.38               Noncommercial Keeping of Livestock

Standards that apply to the noncommercial keeping of livestock are as follows:

  1. Minimum lot area shall be as follows:

 

  1. Three (3) acres;  additionally, the following list specifies additional area requirements by size of animals kept:
  1. Group 1:  Animals whose average adult weight is less than ten (10) pounds shall be permitted at an animal density of four (4) per acre, with a maximum number of twenty (20) animals.
  2. Group 2:  Animals whose average adult weight is between ten (10) and sixty five (65) pounds shall be permitted at an animal density of two (2) per acre, with a maximum number of twenty (20) animals.
  3. Group 3:  Animals whose average adult weight is greater than sixty five (65) pounds shall be permitted at an animal density of one (1) per acre, with a maximum number of ten (10) animals.

 

  1. The following lists minimum setbacks imposed upon the placement of any structure used to house noncommercial livestock:
  1. Group 1 animals:  One hundred (100) feet from any property line.
  2. Group 2 animals:  One hundred fifty (150) feet from any property line.
  3. Group 3 animals:  Two hundred (200) feet from any property line.

 

  1. All structures used to house noncommercial livestock shall be prohibited from placement in the front yard.
  2. All outdoor passive/recreation areas shall be enclosed to prevent the escape of the animals;  all such enclosures shall be set back a minimum of ten (10) feet from all property lines.
  3. All animal wastes shall be properly stored and disposed of so as to not be objectionable at the site’s property line.
  4. No person shall keep within this township, exotic or dangerous animals including but not limited to lions, tigers, leopards, cheetahs, panthers, cougars, mountain lions, bobcats, bears, wolves, foxes, apes, gorillas, poisonous or constrictor snakes, crocodiles or alligators.


9.39                Processing of Farm Products

Standards that apply to the processing of farm products are as follows:

  1. The processing facility is located on the same lot and accessory to the principle agricultural use of the site.
  2. A majority of the materials to be processed have been grown or raised on the subject property;  the remainder of materials have been grown or raised within the township.
  3. No butchering, slaughtering or rendering uses shall be permitted.
  4. No retail sales of the products shall be permitted, except roadside stands.
  5. All processing activities shall be conducted within a wholly enclosed building which is located behind the principle residence building setback line.
  6. No noxious odor, dust, glare, vibration or noise shall be perceptible at the property line.
  7. All off-street parking and loading areas shall be contained behind the principal residence.

 


9.40                Car Washes    

Any automatic or manually operated facility used to accommodate the laundering of automobiles and construed to be of a commercial operation managed to produce a profit.

Standards that apply to car washes are as follows:

  1. Public sewers and water facilities shall be utilized.
  2. Each washing bay shall provide a one hundred foot long onsite stacking lane.
  3. All structures housing washing apparatuses shall be set back fifty (50) feet from any rear property line and twenty (20) feet from any side lot lines;  provided, however, that in the event that the lot fronts on two (2) street right-of-way lines, then the setback requirements on the one (1) street frontage shall be reduced to fifty (50) feet and the setback on the other street frontage shall be reduced to eighty (80) feet.

 


9.41                Neighborhood Convenience Store

Commercial establishments constructed with the sole intent of servicing local multi-family (R-3) residential developments.  Following arrangements shall demonstrate the functions of neighborhood convenience stores:

  1. A neighborhood convenience commercial center may be provided as part of a minimum two hundred (200) unit R-3 Zone development proposal.  For each two hundred (200) units proposed, a minimum of one half (1/2) acre of neighborhood commercial use, up to a maximum of one and one-half (1 ½) acres may be constructed.
  2. The granting of this conditional use is tied to the actual construction of a minimum of one hundred (100) dwelling units, plus the road system serving the entire two hundred (200) dwelling units.
  3. Such neighborhood convenience commercial uses shall be located at the intersection of an arterial or collector road the  primary entrance to the proposed R-3 District development.  Direct vehicular access to the neighborhood convenience commercial center shall be limited to the street within the proposed residential development.  Furthermore, commercial parking lot shall be set back a minimum of one hundred (100) feet from the arterial or collector street right-of-way line along the site’s frontage.
  4. The proposed neighborhood convenience commercial center shall be designed, oriented and constructed to serve the daily needs of the R-3 District development residents.  No automobile related uses, arcade or adult related uses shall be permitted.
  5. The proposed neighborhood convenience commercial center shall be integrated with the R-3 District development and will be linked by safe and convenenate pedestrian walkways.
  6. No neighborhood convenience commercial center shall be located within one thousand (1,000) feet of another neighborhood convenience commercial center.
  7. Such commercial center shall be set back a minimum of one hundred (100) feet and screened from adjoining residences.
  8. No outdoor storage shall be permitted.  Dumpsters shall be enclosed by a six foot high sight-tight fence.
  9. One (1) freestanding sign for the entire neighborhood convenience commercial center shall be permitted along the R-3 District development’s street, not along the site’s frontage.  Such sign shall be no larger than thirty two (32) square feet and will be set back at least seventy five (75) feet from arterial or collector street right-of-way along the site’s frontage.  In addition, the sign shall be set back at least ten (10) feet from any other street right-of-way and one hundred (100) feet from any residence.
  10. All other design standards prescribed in Local Commercial District (LC) shall apply to the proposed neighborhood convenience store(s).

 


9.42                Night Clubs

A bar, restaurant, coffee house or similar establishment where a dance floor or entertainment is provided.

Standards that apply to night clubs and taverns are as follows:

  1. No part of the subject property shall be located within three hundred (300) feet of any residentially zoned lands.
  2. The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties owning to hours of operation, light and/or litter.
  3. The applicant shall furnish evidence as to how the use will be controlled as to not constitute a nuisance due to noise or loitering outside the building.
  4. A working plan for the cleanup of litter shall be furnished and implemented by the applicant.

 


9.43                Retail Sales Outlet

  1. Retail outlets should be incorporated into planned commercial shopping centers which would integrate the design and dimensions of structures, parking areas and access points with those of existing uses.
  2. The grouping of retail outlets together and controlling access points onto arterial roads will minimize potential conflicts with through traffic.

 


9.44                Wind Turbines (Adopted 7/15/09)

Berlin Township recognizes the importance of clean, sustainable and renewable energy sources.  To that end, Berlin Township permits the installation and use of residential wind turbines under the following regulations to ensure that the safety and welfare of all township residents is met.

I.    Wind turbines shall be permitted by issuance of a Conditional Use Permit in all districts under the following conditions:

A.  The maximum height of any turbine shall be one hundred (100) feet.  For purposes of this particular zoning item, maximum height shall be considered the total height of the turbine system including the tower, and the maximum vertical height of the turbines blades.  Maximum height therefore shall be calculated by measuring the top of a prop at maximum vertical rotation to the ground.  For wind turbine generators mounted on buildings or other structures, the maximum height shall not exceed one hundred (100) feet.  Maximum height for wind turbine generator’s mounted on buildings and other structures shall be considered from maximum vertical height of the turbine blades to the ground at the foundation of the building or other structure.

B.  Setbacks:  The following shall apply in regard to setbacks.
Any turbine erected on a parcel of land shall establish a “clear fall zone” from all neighboring property line.  The clear fall zone shall be not less than the maximum height of the wind turbine generator plus ten (10) feet.  Building mounted wind turbine generators shall maintain a clear fall zone of one hundred (100) percent of the distance from the mounting location to the maximum height of the wind turbine generator’s blade plus ten (10) feet.  A turbine shall be erected and placed in such a manner that, if it were to fall, whatever direction the fall occurs, would be contained solely on the property where the turbine is located.  Guy wire anchors shall maintain at least ten (10) feet from existing property lines and other structures.

C.  Aesthetics:  The following provisions shall be applied to the aesthetics issue of wind turbines:
The turbine including prop blades, turbine cowling, and tower shall be painted or coated white, gray or sky blue.  Logos or other identification markers, other than those of the manufacturer, shall not be permitted anywhere on the turbine.

D.  Maintenance:  Wind turbines must be maintained in good working order.  Turbines that become inoperable for more than twenty-four (24) months must be removed by the owner within sixty (60) days of issuance of zoning violation.  Removal includes removal of all apparatus, supports, and/or other hardware associated with the existing turbine.

E.  Noise Level:  The noise level of the turbine as measured at the closest property line shall not exceed sixty (60) decibels.

F.   Capacity:  The wind powered turbine generator shall service only one (1)  property.  The number of wind turbine generators shall be limited to one (1) per property, except lots of fifty (50) acres or more shall be limited to two (2) wind turbine generators.

II.   Permits

A.  A zoning permit shall be required before construction can commence on an individual wind turbine system.

B.  As a part of the permit process, the applicant shall investigate with the Erie Regional Planning Commission, whether or not additional height restrictions apply to the related proposed location of the unit.

C.  Applicant shall then provide the Township Zoning Inspector with the following items and/or information when applying for the permit:

1.   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 to the turbine installation.

2.   An engineering report that shows:

a.   The total size and height of the unit.
b.   The total size and depth of the unit’s concrete mounting pad.
c.   An average decibel rating for the proposed turbine unit.
d.   A list and/or depiction of all safety measures that will be on the unit including anti-climbing devices.
e.   Data specifying the kilowatt size and generating capacity of the proposed unit.

3.   A site drawing showing the location of the unit in relation to existing structures on the property, roads and other public right-of-ways and neighboring properties.

4.   Evidence of a “clear fall zone” with manufacturers’ recommendation must be attached to the engineering report.

5.   Color of the unit, as well as the location and size of the manufacturers identifying logos shall be included in the plan.

6.   A dismantling plan that outlines how the unit will be dismantled shall be required as part of the permit application.

DEFINITIONS

1.   Maximum Height means the distance measured from ground level to the blade extended at its highest point or to the top of the tower, whichever is the highest.

2.   Small Wind Energy Conversion System means a wind energy conversion system consisting of wind turbine, a tower and associated control or conversion electronics which will be used primarily to reduce on-site consumption of electrical power.

3.   Wind Turbine Rotor means that portion of the windmill which includes the blades, hub and shaft.

4.   Wind Turbine Tower means the supporting structure on which the rotor, turbine and accessory equipment are mounted.

5.   Wind Turbine means a wind energy conversion system which converts wind energy into electricity, through the use of a wind turbine generator or rotor and includes the turbine, rotor, blade, tower, base and pad transformer, if any, and includes wind energy conversion systems designed to mount directly on the roof of existing buildings including residences.

6.   Application means the person or entity filling an application for a conditional use permit under this Article.


9.45                Off Road Vehicle Racing Track

An off road vehicle race track shall only be permitted in a C-3 Commercial Recreational District in accordance with Article 9 under the following conditions:

A.  Acreage:  The parcel size for the development of an Off Road Vehicle Racing Track shall be seventy-five (75) acres or greater and connected with a major road that would have sufficient capacity to handle the traffic that would be anticipated.  Access ways shall be paved with asphalt or a recycled  product.  The parking areas may be grass.  Specified parking areas shall be provided fro recreational vehicles (RV’s), off-road vehicle trailers, tow vehicles and spectator and participant parking.  There shall be no overnight parking.  Sanitary facilities shall be provided as well as a safe viewing area for spectators.  Adequate trash containers shall be provided on the site.  The site will be periodically cleaned of debris so that wind-blown litter does not accumulate on adjacent properties.

B.  Screening and Buffers:  screening and buffers must be in compliance with the provisions of Article 28, Section 28.18 (1-6).

C.  Noise Level:  The noise level for off road vehicles as well as sound from loudspeakers shall not exceed eighty (80) decibels at all property lines.

D.  Lighting:  A Site Lighting Plan that shows all lighting, including security lighting, shall show how lighting fixtures will be placed, shielded, and oriented so there is no more than 0.5 foot candle of lighting at each property line.  All lighting fixtures shall be directed downward and shielded in order to prevent light pollution from impacting the surrounding areas.

E.  Maintenance:  The track shall be maintained in good physical repair and in accordance with Off Road Vehicle Requirements for track operation and maintenance.  Also, the track shall be irrigated during races to eliminate dust that could be created.

F.   Drainage:  Applicants shall be in compliance with the provisions in Article 27, county drainage regulations and EPA storm water run-off standards.

DEFINITIONS:

      Off–Road Vehicles:  Any All-Terrain vehicle that is motor-propelled or contains a motor to assist the operation of said vehicle and which vehicles are commonly referred to as “dirt bikes,” “mini bikes,” “trail bikes,” “motorized sports bikes,” “Go Karts,” “All Terrain Vehicles (ATV’s),” “Trikes,” “Quads,” “snowmobiles,” “dune buggies,” and “golf carts,” and etc., which vehicles by their nature are intended to be operated in dirt, sand, up and down hills, along trails and in similar type areas.

Race Track:  any area of land where motorized off-road vehicles operate simultaneously, or under timed conditions, at any speed.

Race:  The operation of off-road vehicles either simultaneously or under timed conditions, at any speed on the same parcel of land.

Sanitary Facilities:  Means Porta Johns or a permanently constructed restroom facility that meet the Erie County Health Department Code.