Boston Township

In addition to the requirements of this Chapter, the following conditional uses shall meet additional requirements. a. Type III Home Occupations in Business Corridor (BC) District 1. If there is an existing dwelling on property, it may be lived in by property/business owner or immediate family as the owner’s principle residence and used as office to business that is being run on the property. 2. The occupation shall be conducted on said property and can have employees from outside the family as provided in Section 512 and the Table of Requirements for Home Occupation by Type in that section. 3. The occupation may be conducted within the principal building or accessory buildings on the property as provided in Section 512 and the Table of Requirements for Home Occupation by Type in that section. 4. Home occupations must comply with all setbacks and yard requirements set forth in this resolution in Chapter 7. 5. A home occupation shall only be conducted in a legally existing dwelling in the BC District. b. Automotive Filling Stations shall be subject to the following standards: 1. An automobile filling station shall only be located on a lot located on the east side of Akron- Cleveland Road. 2. Except for self-service (by vehicle owners) of such activities as fuel filling, addition of oils or other fluids, addition of air to tires, and similar minor maintenance by owners, no service, maintenance or repair activities shall be performed at an automotive filling station. This restriction shall not apply where vehicle repair use has been approved as a conditional use. 3. Except for short-term driver stops, the parking of tow trucks, service trucks, other commercial vehicles, or rental vehicles shall be prohibited. Overnight parking of all vehicles is prohibited. 4. Retail sales of vehicle fluids including fuels, oils, wiper fluids, and similar products are permitted. Other retail sales, including but not limited to food and drink, shall be permitted subject to applicable regulations for retail uses in this district. c. Automotive and recreational vehicle sales and rental; Vehicle repair and services subject to: 1. All service, maintenance and repair activities shall be performed inside an enclosed building or service area completely enclosed by a vision-obscuring fence or wall at least eight (8) feet in height. 2. All outdoor display areas for vehicles and equipment being offered for sale, rent, or lease shall be located at least thirty (30) feet from right-of-way lines and shall be located at least a distance equal to the required front, side, and rear yards from all other property lines and township road right-of-way lines. 3. All parts, damaged vehicles and equipment, and all vehicles and equipment under or waiting for service and/or repair shall be stored in enclosed buildings or areas completely enclosed by a vision-obscuring fence or wall at least eight (8) feet in height. 4. All obsolete or junk vehicles and equipment and all scrap, junk parts, waste oils and other waste materials shall be disposed of offsite. 5. Parking of tow trucks, service trucks, and other commercial vehicles operated by or associated with the business shall be located behind the minimum building setback line. 6. All outdoor storage shall comply with the requirements for Outdoor Storage as a conditional use. e. Distributor's warehouses and sales offices shall be subject to the following special requirements; 1. Sales offices shall be primarily business offices with the total area devoted to display, including both the objects displayed and the floor space set aside for the people observing the displayed objects, shall not exceed twenty-five (25) percent of the usable floor area of the sales office building or other buildings included in the business. 2. All storage of materials, parts, or completed products shall be stored inside an enclosed building or visions-obscuring fence or walls at least eight (8) feet in height or higher if necessary to equal the height of the material stored. f. Light Industry. Light industrial uses shall be subject to the following special requirements: 1. All manufacturing, fabrication, assembly, and packaging activities shall be carried out within an enclosed building, and no noise, electromagnetic interference, odor, or other nuisance shall be observable outside said enclosed building. 2. All storage of materials, parts, or completed products shall be stored inside an enclosed building except as provided in c) below. 3. Outdoor storage of materials, parts, or completed products may be approved as a conditional use subject to a site plan which identifies items to be stored, storage location(s), methods of enclosure, landscaping, maximum height of stored items, and other conditions deemed necessary to minimize the impacts of outdoor storage. g. Bed and breakfast establishments shall be subject to the following special requirements: 1. Fire escapes shall be provided as approved by the local Fire District Authority. 2. Fire exit instructions shall be posted in each sleeping room. 3. All applicable provisions of the fire code shall be met and certification of such compliance by the appropriate official shall accompany the application. 4. The facility shall be operated so that guests reside at the home for not longer than one continuous week. h. Non-Commercial Recreation Uses shall be subject to the following special requirement: 1. All permitted structures, playing fields and other facilities within the residential districts shall not be less than one hundred and fifty (150) feet from all other residentially zoned properties. i. Sexually Oriented Businesses uses as defined in this Resolution may be located only in accordance with the following restrictions: 1. Such business shall only be located in the Business Corridor Zoning District within Boston Township. 2. No such business shall be located on any parcel within five hundred (500) feet of any residentially zoned district within Boston Township. 3. No such business shall be located on any parcel within one thousand (1,000) feet of any public library, private or public elementary or secondary school, public park, or church. 4. No such business shall be located on any parcel within one thousand (1,000) feet of any other sexually oriented business. 5. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot. 6. The distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. 7. No person shall establish, or operate, or cause the establishment or operation of any sexually oriented business in violation of the provisions of this section. 8. Nothing in this section shall be construed to prohibit or limit the display, sale or rental of descriptive, printed, film or video material or any live performance which, taken as a whole, contains serious literary, artistic, political, medical, educational or scientific value. j. Nursery and garden supplies 1. Plant materials may be displayed not less than thirty (30) feet from the street right-of-way. 2. Landscape supplies and garden equipment may be stored outside but shall be not less than fifty (50) feet from a street right-of-way and shall be screened from public view by a fence or wall not more than eight feet in height. k. Commercial Recreations 1. All activities shall be conducted within enclosed buildings. 2. Accessory uses including sales and servicing of equipment and supplies associated with the proposed activity and sale, serving, and consumption of food and beverage may be permitted. l. Tool and Equipment Rental 1. Outdoor display or storage of tools and equipment may be permitted as provided in Section 705 provided that outdoor storage of equipment shall be screened from public view by a fence or wall not more than eight feet in height. 2. Outdoor display of tools and equipment shall not be permitted in a required front yard. m. Day care facility subject to: 1. Facilities shall not provide for overnight stay but shall provide for day care only. 2. Outdoor activity areas shall be located at least seventy-five (75) feet from residential zoning districts and shall be enclosed by a landscaped fence. 3. A vehicular drop off/pick up area shall be provided on the site with sufficient parking and vehicle waiting area to prevent interference on the public roads by waiting vehicles n. Drive-Through Facility (Drive-in/Drive-up), accessory to a permitted or conditionally permitted main use, and subject to: The facility shall be accessory to a main use. 1. Vehicle lanes, access points on public roads, and all structures associated with the facility (including but not limited to speakers, service windows, transaction sites, lighting, signs associated with the accessory facility and not visible from outside the site, cameras, canopies and overhangs) shall be subject to the conditional use permit. 2. Access points on public roads, on-site drives which provide access, and vehicle waiting lanes shall be reviewed by a qualified traffic engineer who shall submit an opinion report regarding the impact of the facility on the subject public roads. 3. Vehicle waiting spaces and stacking lanes shall not be located in drives required for access to parking spaces. 4. Vehicle Waiting Spaces. Sufficient on-site waiting spaces shall be provided so that projected waiting vehicles shall not impact public roads, but not less than the following: I. At least ten (10) vehicle waiting spaces shall be provided which shall include at least five (5) per transaction site. II. Vehicle waiting spaces shall be located as required for parking spaces but not closer than two hundred (200) feet to land zoned for residential use. III. Automatic car wash facilities shall provide at least ten (10) waiting spaces. IV. Self-service car wash facilities shall provide at least three (3) waiting spaces per car wash bay. 5. Speakers shall be installed and operated so that sound is not audible on land zoned for residential use. 6. On a lot located west of Akron-Cleveland Road, transaction sites, service windows, and speakers shall only be installed on the east side of the building to limit noise impacts on residential areas and shall not be operated earlier than 7 am and not later than 11 pm. o. Outdoor storage subject to the following conditions: 1. Vehicles brought to and removed from the site on a daily basis which are owned by employees, customers, or persons providing services to the business may be stored in a parking area as authorized by this Resolution and shall not be subject to these provisions; 2. All materials, goods, equipment or vehicles stored on the site shall be owned, rented, or leased by the business which is the use of the site. No part of the site shall be used for the storage of materials, goods, equipment, or vehicles owned by uses which are not approved uses of the site. No outdoor storage space shall be permitted to be used, rented, leased, or otherwise authorized by the property owner or user of the site for a purpose which is not directly associated with the approved use of the site. 3. Outdoor storage shall be located at least one hundred feet (100’) from any property which is located in a Residential District. 4. Outdoor storage shall be located so that it does not adversely affect the use of neighboring properties or the health or safety of persons residing and/or working in the neighborhood. Storage shall be placed in a manner which protects neighboring properties from any exposure to noise, odor, dust, lighting, or vibration. 5. Outdoor storage of any top soil, loam, sand, gravel or other erodible fill type substances on land shall be prohibited unless in conformance with a zoning permit which may include provisions for monthly inspections, a limit on the nature and volume of materials to be stored, and provisions for erosion control, elimination of standing and stagnant water, dust control, silt fences or other site storm water runoff controls necessary to control, prevent and limit storm water runoff including sediment and other pollutants into the private and public storm water ditches and facilities or the natural lakes and streams. 6. The excavation, demolition, processing or outdoor storage for sale or transfer off-site of soil, mulch, other earth substances, logs, stumps, demolition debris or other types of fill material (collectively hereinafter referred to as substances) is prohibited unless the substances are generated by, or the consequence of construction pursuant to or implementation of a presently approved construction permit for the site or subdivision improvements. The substance(s) shall not be treated, screened or otherwise processed or refined upon the site prior to storage or transfer from the site. This subsection does not apply to the importation, storage for sale, and transfer off-site of substances in a nursery and garden supply business which does not excavate, demolish, or process the substances on site. 7. The outdoor area (or areas) intended to be used for such outdoor storage is (are) clearly indicated on a site plan attached to and made part of the Zoning Permit. 8. A description of the general nature of the materials, goods, equipment, or vehicles to be stored in the outdoor areas shall be attached to the Zoning Permit 9. No other part of the site is used for such purpose at any time. 10. The area(s) shall be paved with asphalt or concrete, and setback as required for buildings and outdoor uses. 11. No stored materials, goods, equipment or vehicle or any part thereof shall exceed a height of ten (10) feet above natural grade. 12. The total area of such designated areas shall not exceed twenty-five percent (25%) of the area of the lot on which the permitted use is located. 13. The approved outdoor storage area shall be screened as follows: i. The entire outdoor storage area shall be enclosed on all sides (except any side where visibility is obstructed by a building on the site) by a solid wall or a minimum six (6) foot wood fence with openings no greater than fifteen percent (15%) or no less than 85% opaque; or ii. A dense vegetative planting incorporating trees, evergreens, and/or hedges of a variety that are as equally effective in their screening effect, in both summer and winter, as a solid wall or solid painted fence with openings no greater than fifteen percent (15%) or no less than 85% opaque; or iii. A combination of the methods described in a and b above. iv. The approved screening shall be maintained in healthy and sound condition in compliance with the intended screening effect at all times that outdoor storage is conducted on the storage area. p. Loading Facility/Space, accessory to a permitted or conditionally permitted main use, on a lot located west of Akron-Cleveland Road, subject to: 1. A loading facility/space shall only be installed on the east side of the building or that side of the building most parallel to Akron-Cleveland Road to limit noise impacts on residential areas and shall not be operated earlier than 7 am and not later than 7 pm. 2. Vehicle lanes, access points on public roads, and all structures associated with the loading facility (including but not limited to speakers, other noise generating devices, and lighting) shall be subject to the conditional use permit. 3. Access points on public roads, on-site drives which provide access, and vehicle waiting lanes shall be reviewed by a qualified traffic engineer who shall submit an opinion report regarding the impact of the facility on the subject public roads.