In addition to the general standards established in Section 1161.02, the following specific conditions shall apply to each use or class of uses listed in this Section 1161.03. Nothing in this Section shall prohibit the Commission from prescribing supplementary conditions and safeguards in addition to these requirements, or where no specific conditions are stated.
(a) Accessory Parking. In a residential district, accessory parking for a lot in a commercial district may be permitted as a conditional use provided that:
(1) The lot on which the proposed use is to be located abuts the commercial lot to which it is accessory;
(2) The parking lot shall be used only for the parking of non-commercial passenger motor vehicles; and
(3) The proposed parking lot conforms to the design requirements set forth in Chapter 1325 of the Building Code and has been approved by the Architectural Board of Review prior to the demolition of any existing single-, two- or three-family dwelling, in the R1L, R1M, R1H, R2, ML, MH and L zoning districts, on the proposed lot. In addition, if applicable, approval by the Commission for conditional use as accessory parking under this subsection must also be approved prior to the demolition of any existing single-, two- or three-family dwelling on the proposed lot. If such lot is substantially vacant due to demolition prior to the time of application for parking lot design approval and conditional use approval, the lot shall have been vacant for at least twenty-four (24) months preceding the application unless the Commission grants a waiver from such time requirement based on reasonable causes for such demolition by an owner, or prior owner, beyond his/her reasonable control, such as fire or other source of property damage or loss.
When determining whether to grant a conditional use permit for accessory parking, the Commission may limit the hours of operation of the proposed conditional use.
(Ord. 52-10. Passed 9-20-2010.)
(b) Animal Clinics/Hospitals, Veterinarian Offices, and Grooming Services. In a C2 Retail District, animal clinics/hospitals, veterinarian offices, and grooming services may be permitted as a conditional use provided that:
(1) There shall be four (4) off-street parking spaces for each veterinarian or groomer practicing at the location of the proposed use;
(2) No outside animal runs, stalls, or cages shall be permitted on the lot; and
(3) The proposed use shall not be located in any structure housing a residential use.
(Ord. 91-95. Passed 10-7-1996.)
(c) Bed and Breakfast Establishment. In any commercial district or multiple-family residential district, a bed and breakfast establishment may be permitted as a conditionally permitted use subject to all or any of the following:
(1) The building in which a bed and breakfast establishment is located is a single-family dwelling which serves as the principal residence of the applicant and is recognized as architecturally, historically or culturally significant;
(2) The owner/operator of a bed and breakfast establishment shall live full-time on the premises. Such owner/operator shall be the record owner of no less than fifty percent (50%) interest of the property in question;
(3) The architectural integrity of the structure, and arrangement of existing interior space must be maintained;
(4) Only minimal outward modification is allowed and only if compatible with neighboring structures;
(5) There shall be no more than three (3) guest rooms within a single-family dwelling that are utilized by bed and breakfast guest(s). A guest room shall contain no less than 100 square feet of living space, not including closets, for two (2) guests and thirty square feet for each additional guest up to a total of four (4) guests per room;
(6) Bedrooms shall be an existing part of the primary residential structure and not specifically constructed or remodeled for rental purposes;
(7) Each paying guest may stay at a bed and breakfast establishment for not more than three (3) consecutive nights at any single visit or more than a total of fourteen (14) nights in any given calendar year;
(8) Parking for all vehicles, including vehicles owned by the owner/operator shall be in the garage or rear yard on an approved surface improved with concrete or asphalt;
(9) There shall be at least one (1) off-street parking space for each guest room;
(10) Only one (1) meal shall be served to each guest of the bed and breakfast establishment and that meal shall be breakfast. The sale or service of alcoholic beverages to paying guests is prohibited in a bed and breakfast establishment;
(11) Only one (1) kitchen facility shall be permitted per structure for which a conditional use permit is granted to operate a bed and breakfast establishment. No cooking facilities shall be permitted in individual guest rooms nor shall guests have access to kitchen facilities for the purpose of preparing meals;
(12) A minimum of one (1) full bathroom, including tub/shower, toilet and sink, shall be required for every two (2) guest rooms to be available for the exclusive use of bed and breakfast paying guest(s);
(13) Rental of the bed and breakfast establishment for special gatherings such as wedding receptions and parties shall be prohibited;
(14) One (1) on-premise sign shall be permitted for each bed and breakfast establishment not to exceed two (2) square feet in area. The sign shall not be internally illuminated. Such sign(s) shall be limited to three (3) colors. The applicable standards of Chapter 1329 of the Building Code shall apply unless otherwise superseded by this section;
(15) No individual(s) who are nonresidents of the dwelling may be employed in the operation of a bed and breakfast establishment;
(16) The Bed and Breakfast establishment, shall within three (3) months of commencing operation, be listed with the Ohio Bed and Breakfast Association or similar recognized listing agency;
(17) The building complies with all state and local laws, including but not limited to
City Fire, Health, and Housing Codes and the Ohio Building Code regulations for R-1 Use Group Structures;
(18) A Conditional Use Permit issued pursuant to this Section 1161.03(c) shall expire thirty-six (36) months after the date of issuance.
Notwithstanding anything in this Chapter or this Section to the contrary, where the Commissioner determines, after compliance with the requirements of Section 1173.02, that a permit holder seeking renewal of a permit issued pursuant to this Section remains in compliance with the conditions of said permit, the Commissioner may issue such renewal.
(Ord. 124-05. Passed 2-6-2006.)
(d) Restaurants, convenience Food Shop or Delicatessen, Beauty and Barber Shops. In a Multiple-Family Residential District, a restaurant, convenience food shop or delicatessen may be permitted as a conditional use provided that:
(1) The multiple-family residential building in which the facility is located shall have not less than 350 dwelling units unless otherwise approved by the Commission;
(2) Restaurant facilities may be open to the public. All other facilities shall be permitted only for the use by residents of the building in which it is located, and shall not be open to the public;
(3) Restaurant facilities shall not exceed a maximum of 15,000 square feet of floor area. All other facilities shall not occupy in excess of 1,200 square feet of floor area;
(4) Merchandise shall be limited to standard food and drug items and shall not include hardware, or other merchandise not generally related to such facility; and,
(5) No advertising of any kind shall be permitted on the exterior of the building, or on the land on which it is located, except that advertising may be permitted for a restaurant where the facility is held open to the public subject to the sign requirements for the C2, Commercial Retail District within Chapter 1329 of the Building Code.
(6) Restaurant uses shall conform to the parking requirements within Chapter 1143 of this Code.
(e) Type A Child Day-Care. In any multi-family residential district, a Type A Child Day-Care in a single-family dwelling may be permitted as a conditional use provided that: (Ord. 52-10. Passed 9-20-10.)
(1) The lot on which the proposed day-care use is located is not within 500 feet, including a public or private right-of-way, of a lot on which an existing Type A or Type B day-care use is located, including a lot fronting a different street;
(2) The provider of residential child day-care is registered with the
City pursuant to Chapter 774 of the Business Regulation Code; and
(3) At least one additional off-street parking space is provided, in addition to the parking requirements of Chapter 1143.
(f) Home Occupation, Type B. In a residential or commercial district, a Type B Home Occupation may be permitted as a conditional use provided that:
(1) The Type B Home Occupation may be permitted in a one- or two-family dwelling; the Home Occupation shall not interfere with the residential use of the non-applicant;
(2) The non-resident employee and customers may come to the home between the hours of 8:00 a.m. and 9:00 p.m. Monday through Saturday, and 12:00 noon and 6:00 p.m. Sunday; customers may come to the home by pre-arrangement only;
(3) Off-street parking to meet the standards specified in Schedule 1143.05 shall be provided;
(4) The Type B Home Occupation shall not generate substantially more pedestrian or vehicular traffic than that generated by a residential use; and
(5) A Conditional Use Permit issued pursuant to this Section 1161.03(f) shall expire thirty-six (36) months after the date of issuance.
Notwithstanding anything in this Chapter or this Section to the contrary, where the Commissioner determines, after compliance with the requirements of Section 1173.02, that a permit holder seeking renewal of a permit issued pursuant to this Section remains in compliance with the conditions of said permit, the Commissioner may issue such renewal.
(g) Gasoline Stations. In a C2 Retail District, a gasoline station may be permitted as a conditional use where the proposed use complies with the requirements set forth in Section 1129.09.
(Ord. 91-95. Passed 10-7-
19
96.)
(h) Manufacturing, Processing, Assembly, Packaging Plant and Light Industrial.
(1) In a C3 General Business District, manufacturing, processing, assembly, and packaging plants may be permitted as conditionally permitted uses provided that:
A. There will be no emissions of odors, dust, smoke, gas, or fumes from the premises on which the proposed use is to be located;
B. There will be no vibrations or noise created by the proposed use which will be transmitted to abutting properties;
C. Storage of raw materials, partially finished, or unfinished products shall be entirely within the principal structure;
D. The proposed use will not generate or cause a substantial increase of truck traffic;
E. No variances to the off-street parking requirements of Chapter 1143 are required; and
F. Where necessary, an off-street loading and unloading area will be provided pursuant to Schedule 1143.05.
(2) In a C2 Retail District, light industrial may be permitted as a conditionally permitted use provided that:
A. There will be no emissions of odors, dust, smoke, gas, or fumes from the premises on which the proposed use is to be located;
B. There will be no vibrations or noise created by the proposed use which will be transmitted to abutting properties;
C. Storage of raw materials, partially finished, or unfinished products shall be entirely within the principal structure;
D. The proposed use will not generate or cause a substantial increase of truck traffic;
E. No variance(s) to the off-street parking requirements of Chapter 1143 are required; and
F. Where necessary, an off-street loading and unloading area will be provided pursuant to Schedule 1143.05.
(Ord. 24-98. Passed 5-18-1998.)
(i) Motor Vehicle Rental or Leasing Agency. In any commercial district, a motor vehicle rental or leasing agency which does not engage in the sale of new or used motor vehicles may be permitted as a conditionally permitted use provided that:
(1) No services customarily associated with a gasoline station are provided or available on the lot;
(2) No motor vehicle repair services of any type, including body repair, are provided or available on the lot;
(3) Landscaping and screening, approved by the Architectural Board of Review pursuant to Chapter 1141, is provided; and
(4) Traffic patterns are designed so as not to substantially interfere with residential uses in the surrounding area.
(j) Motor Vehicle Repair/Body Shop. In a C2 Retail District or C3 General Business District, a motor vehicle repair/body shop may be permitted as a conditionally permitted use provided that:
(1) The width of the lot on which the proposed use is to be located shall be not less than 150 feet at the building line, where the proposed conditional use is to be located on a corner lot the herein lot-width requirement shall apply to all sides fronting a public or private right-of-way;
(2) The area of the lot on which the proposed use is to be located shall be not less than 22,500 square feet;
(3) All activities, including cleaning, washing, and drying operations shall take place inside the principal structure;
(4) No merchandise may be displayed outside the principal structure;
(5) No unlicensed or inoperative motor vehicle shall be permitted on the property outside of the principal structure for more than forty-eight (48) hours;
(6) Where the proposed use includes body and fender repair or painting, there will be no emissions of odors, dust, smoke, gas, or fumes from the premises on which the proposed use is to be located;
(7) All outdoor wiring, including electrical and telephone wiring, shall be installed underground;
(8) A landscape area at least five (5) feet wide shall be provided on the subject lot where the lot abuts a public right-of-way, except where interrupted by driveways; and
(9) Landscaping and screening, approved by the Architectural Board of Review pursuant to Chapter 1141, is provided; where such use abuts a residential district or use, said landscaped area shall be not less than ten (10) feet wide.
(10) A motor vehicle repair/body shop may be operated in conjunction with a gasoline station as a conditional use provided the proposed use complies with the requirements of this subsection (j) and the requirements of Section 1129.09.
(k) Motor Vehicle Sales and Leasing. In a C2 Retail District, motor vehicle sales and leasing may be permitted as a conditionally permitted use where the proposed use complies with the requirements set forth in Section 1129.10.
(l) Parking Facilities. In any multi-family district, parking facilities may be permitted as a conditionally permitted use provided that:
(1) The lot on which the facility is located abuts a lot containing a multi-family use under the same ownership;
(2) Parking shall be by permit only, no kiosk shall be erected; and
(3) Parking shall be limited to non-commercial vehicles.
(m) Places of Worship. In any commercial district and multi-family district, a place of worship may be permitted as a conditional use provided that:
(1) The place of worship shall be used only for the purposes of the local congregation or organization and shall not be operated as or in connection with any commercial use, except that the renting of rooms for community service purpose (i.e., day-care and Alcoholics Anonymous meetings) is permitted;
(2) No variances to the off-street parking requirements of Chapter 1143 are required; and
(3) Landscaping and screening, approved by the Architectural Board of Review pursuant to Chapter 1141, is provided; where such use abuts a residential district or use, said landscaped area shall be not less than ten (10) feet wide.
(Ord. 91-95. Passed 10-7-1996.)
(n) Professional, Medical, and General Business Offices. In an ML Multiple-Family, Low Density, District or MH Multiple-Family, High Density, District, a professional, medical, or general business office may be permitted as a conditional use provided that:
(1) The proposed use replaces a use determined by the Commission to be a higher use than the existing use being vacated;
(2) The proposed use is located only on the ground floor of the building;
(3) No variances are required to accommodate the proposed use; and
(4) The required off-street parking for all occupancies is available on the same parcel.
(Ord. 90-04. Passed 11-1-2004.)
(o) Re-Use of an Existing Non-Conforming Structure. In an R1 Residential Single-Family or R2 Residential Single- and Two-Family District, an existing non-conforming structure found by the Lakewood Heritage Advisory Board to be of historical value may, as a conditional use, be converted to a multi-family use and, in any multi-family district, such a structure may be converted to a mixed use or office use, where the Commission finds:
(1) That re-use of the existing structure is preferable to destruction and redevelopment of the site;
(2) That the proposed use will not be more intense than the existing non-conforming use;
(3) That landscaping and screening, approved by the Architectural Board of Review pursuant to Chapter 1141, will be provided;
(4) That the proposed renovation will be in harmony with the historic character of the structure; and
(5) That the proposed use will comply with the parking requirements of Chapter 1143.
(p) Restaurant - Fast Food. In a C1 Office District, a fast-food restaurant preparing meals for consumption on or off the premises and with or without drive-through facilities for motor vehicles may be permitted as a conditional use provided that:
(1) The width of the lot on which the proposed use is to be located shall be not less than 150 feet at the building line;
(2) The area of the lot on which the proposed use is to be located shall be not less than 20,000 square feet;
(3) No variances to the off-street parking requirements of Chapter 1143 are required;
(4) Landscaping and screening, approved by the Architectural Board of Review pursuant to Chapter 1141, is provided; where such use abuts a residential district or use, said landscaped area shall be not less than ten (10) feet wide; and
(5) No merchandise for sale may be stored or displayed outside the principal structure.
(q) Roomers. Roomers may be permitted in the single- and two-family residential districts as a conditional use provided that:
(1) There shall be accommodations for not more than two (2) roomers in a single-family dwelling and one (1) roomer per dwelling unit in a two-family dwelling;
(2) There shall be only one (1) roomer per sleeping room;
(3) There shall be no cooking or eating facilities in the room(s), nor shall kitchen privileges or a community kitchen be provided;
(4) One (1) paved off-street parking space shall be provided in the rear yard for each roomer;
(5) There shall be no signs on the property advertising room(s) for rent;
(6) The building in which the rooms are to be let shall be a single- or two-family dwelling and shall be the permanent residence of the person requesting the conditionally permitted use; and
(7) The conditionally permitted use shall not be transferable.
(r) Groups/Convalescent/Nursing/Assisted Living. In a C1 Office District and a C2 Retail District, group/convalescent/nursing/assisted living facilities may be permitted as a conditionally permitted use where the proposed use complies with all applicable local, State, and Federal laws.
(Ord. 91-95. Passed 10-7-
19
96.)
(s) Wireless Telecommunication Tower. In an Industrial District, a wireless telecommunication tower may be permitted as a conditionally permitted use where the proposed use complies with all the requirements of subsection 1159.04(b) of the Code.
(Ord. 24-98. Passed 5-18-
19
98.)
(t) Outdoor Dining Facility. Any person operating a restaurant, bar, tavern, or nightclub use (as used in this section, a "restaurant use") in the C1 Office, C2 Retail, C3 General Business, C4 Public School, ML and MH Multiple-Family Residential, PD Planned Development or I Industrial District as used in this section, and together with any successors or assigns, an "applicant") may be permitted to operate an outdoor dining facility as a conditionally permitted accessory use subject to the following:
(1) Upon the applicant’s application, filed with the Director of Planning (as used in this section, the "Director"), the outdoor dining facility design may be reviewed and approved by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code. The outdoor dining facility should be attractive and in accordance with the Architectural Board of Review's Outdoor Dining Design Guidelines and should promote pedestrian safety and a retail friendly atmosphere. The applicant must comply with all applicable city, state and federal laws and regulations at all times. Applications for the outdoor dining facility conditional use permit shall include the following items:
A. A completed and signed outdoor dining facility conditional use permit application form;
B. A written description of the proposal and photographs of the area to be occupied by the proposed outdoor dining area;
C. A detailed, labeled and scaled site plan and elevations of the location of the outdoor dining area, number and arrangement of tables and chairs, barriers, means of ingress and egress, sidewalk, above-ground utilities and any other sidewalk obstruction, parking and planter areas;
D. Manufacturer's information and cut sheets on all proposed tables, chairs, barriers, lighting and accessory furniture;
E. A signed statement by the owner of the building confirming the ownership of the building and, if the owner is not the applicant, a signed statement granting permission to the applicant to pursue the conditional use permit; and
F. Any additional documents reasonably deemed necessary by the Director. Incomplete applications or applications deemed insufficient by the Director will not be accepted for review.
(2) The outdoor dining facility shall be located directly adjacent to the lawfully operating restaurant use. The outdoor dining facility may be located immediately adjacent to the front of the restaurant use, on the side or rear of the restaurant use or as approved by the Planning Commission.
(3) The floor space of the outdoor dining facility and any walkway connecting such facility with the restaurant use and the parking lot or any public or private sidewalk shall be constructed of an approved hard surface material meeting all local, state, and federal requirements, including, where applicable, the current United States Access Board Public Right-of-Way Accessibility Guidelines (PROWAG).
(4) The applicant must keep the outdoor dining facility sanitary, neat and clean at all times, free from accumulation of food, litter, snow, ice, and other potentially dangerous or unsanitary matter.
(5) The outdoor dining facility must be in compliance with the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (as used in this section, the "ADA"), and at a minimum allow for five feet of continuous pedestrian access width along the public sidewalk free from all obstruction and must not create any pedestrian hazards. With the concurrence of the Public Safety Director, Police Chief, Fire Chief, Building Commissioner, Public Works Director, and City Engineer, the Planning Commission may allow a reduced minimum width of continuous pedestrian access to be permitted as allowed by the current PROWAG where the applicant can demonstrate that passing spaces will be available within the public right-of-way and within the frontage of the storefront, at the maximum interval of fifty feet, and have a minimum passing space recommended by the PROWAG that is free of all obstructions.
(6) An applicant whose restaurant use is at an intersection of public streets shall not locate the outdoor dining facility in a manner that will impede vehicular sight distance at that intersection. Setbacks from the intersection for the outdoor dining area will be determined by the Planning Commission on an individual basis specific to individual site conditions after review and recommendation by the Public Safety Director, Police Chief, Fire Chief, Building Commissioner, Public Works Director, and City Engineer.
(7) The maximum number of seats for the outdoor dining facility will be determined by the Planning Commission upon review of the amount of space available, compliance with minimum parking and other requirements of Zoning Code, the PROWAG, Building Code, and other applicable local, state, and federal requirements.
(8) Applicants who serve alcoholic beverages as part of their restaurant use must meet all requirements of the Ohio Department of Commerce, Division of Liquor Control, and the following standards:
A. Where an outdoor dining facility or any portion of an outdoor dining facility is located on public property, the owner of the facility shall sign a use of public property agreement approved by the Director of Law that indemnifies and holds the City harmless from any claims, liability or damages arising from the operation or location of the outdoor dining facility, and shall provide an insurance policy in an amount approved by the Director of Law with the City named as an additional insured. Upon approval of the outdoor dining facility conditional use by the Planning Commission, the Director is authorized to enter into the use of public property agreement on behalf of the City.
B. A barrier on some or all sides of the outdoor dining facility may be required. The Planning Commission will make a determination as to the extent and location of a barrier necessary for the outdoor dining facility. Any such barrier shall be in accordance with the Outdoor Dining Design Guidelines, Building Code, Ohio Fire Code, Ohio Department of Commerce, Division of Liquor Control requirements.
C. The entrance to the outdoor dining facility must be easily recognizable and adjacent to or as close to a publicly used door of the restaurant use as is commercially practicable in the Planning Commission's determination and comply with the Ohio Fire Code.
D. Unless authorized by the establishment of a designated outdoor refreshment area in accordance with Ohio Revised Code, no person shall be permitted to carry alcoholic beverages from the outdoor dining facility to any place outside the outdoor dining facility except the adjacent restaurant use, and the facility shall be designed in a way so as to maintain compliance with this provision.
(9) Applicants who do not serve alcoholic beverages as part of their restaurant use must meet the following standards:
A. Where an outdoor dining facility or any portion of an outdoor dining facility is located on public property, the owner of the facility shall sign a use of public property agreement approved by the Director of Law that indemnifies and holds the City harmless from any claims, liability or damages arising from the operation or location of the outdoor dining facility, and shall provide an insurance policy in an amount approved by the Director of Law with the City named as an additional insured. Upon approval of the outdoor dining facility conditional use by the Planning Commission, the Director is authorized to enter into the use of public property agreement on behalf of the City.
B. A barrier on some or all sides of the outdoor dining facility may be required. The Planning Commission will make a determination as to the extent and location of a barrier necessary for the outdoor dining facility. Any such barrier shall be in accordance with the Outdoor Dining Design Guidelines and the Ohio Fire Code.
(10) The outdoor dining facility must have adequate illumination during evening hours in accordance with the Outdoor Dining Design Guidelines. All lighting will be designed to minimize the intrusive effect of glare and illumination upon abutting areas, especially residential properties pursuant to Section 1306.311.
(11) Buffering with landscaping or fencing of the outdoor dining facility, if the facility is adjacent to residential or sensitive uses, may be required. Buffering requirements will be determined by the Planning Commission and shall be in accordance with the Outdoor Dining Design Guidelines.
(12) An outdoor dining facility with a capacity of more than eight seats shall be included in the gross floor area square footage to determine parking space requirements per Chapter 1143.
(13) Furniture and enclosures located within the outdoor dining facility may not be stored on the public right-of-way and must be removed entirely from the right-of-way on or before November 30 through March 31. From December 1 through March 31, and in order to take advantage of unseasonable weather or special events, the Director shall have the authority to allow a single-day use of the public right-of-way in accordance with any approved conditional use permit. All furniture and fixtures used in an outdoor dining facility in the public right-of-way must be readily removable without damage to the surface of the right-of-way. An outdoor dining facility located entirely on private property is permitted year-round with prior approval of the Planning Commission.
(14) An outdoor dining facility shall operate only between the hours of 8:00 a.m. and 10:00 p.m. Sunday through Thursday, 8:00 a.m. Friday to 1:00 a.m. Saturday and 8:00 a.m. Saturday to 1:00 a.m. Sunday. The limitations set forth herein, and any additional limitations placed on hours of operation as may be determined by the Planning Commission, are designed to assure adequate peace, quiet and serenity in the evening and morning hours during which residents of the City are entitled to enjoy a period of rest and relaxation without intrusion from the possibilities of excessive noise and activity in adjacent areas. The Planning Commission may temporarily extend the hours and dates of operation of any outdoor dining facility where the outdoor dining facility is located within the footprint of a special event that is either sponsored by the City or permitted under the Codified Ordinances.
(15) Outside entertainment, whether by band, orchestra, instrument, musician, singer, radio, television, loudspeaker, microphone, recital or any other individual, group or mechanical device, shall only be permitted in an outdoor dining facility pursuant to Chapter 515 of the Ordinances of the City. The Planning Commission may prohibit or provide for other restrictions and conditions related to such entertainment as it deems necessary to protect the surrounding neighborhood. All speakers must be facing inward toward the outdoor dining facility. All outdoor entertainment must cease at 10:00 p.m.
(16) Unless otherwise approved by the Architectural Board of Review, signage of any kind is not permitted on tables, umbrellas, chairs, or barriers that are part of the outdoor dining facility.
(17) The outdoor dining facility shall comply with the requirements of the state smoking and tobacco use laws.
(18) The Director may require adjustments, after approval of the Planning Commission, to the layout, dimensions, or distance from the property line of any outdoor dining facility in order to ensure pedestrian safety and maintain shared use of the public right-of-way.
(19) Notwithstanding anything in this chapter or section to the contrary, any outdoor dining facility conditional use permit application shall be heard by the Planning Commission and, if approved, shall expire twelve months from the date of issuance. Subsequent renewal of the conditional use permit may be made administratively by the Director if no significant modifications to the conditions of the permit have been proposed and no violations of the Code have been determined. Determination of renewal status is at the discretion of the Director. The conditional use permit for an outdoor dining facility is non-transferable.
(20) Notwithstanding anything in this chapter or section to the contrary, any conditional use permit granted for the outdoor dining facility may be revoked by the Planning Commission after referral to the Planning Commission by the Director and a public hearing. Notice of such hearing shall be sent to the applicant and to others pursuant to Section 1173.07(b)(2) of this Code as if a zoning change were requested. The Director shall have the authority to cancel a use of public property agreement upon thirty days' written notice. Once a notice of cancellation of the use of public property agreement has been issued, the owner of the restaurant has five business days to remove any portion of the outdoor dining facility that is in the public right-of-way and restore the public right-of-way to the condition in which it existed prior to the creation of the outdoor dining facility.
(Ord. 33-2022. Passed 11-21-22.)
(u) 24-Hour Operation. In the C1Office, C2 Retail and C3 General Business Districts a 24-hour operation may be permitted as a conditionally permitted use subject to all or any of the following:
(1) Parking areas shall be configured so as to prevent vehicular headlights from shining into adjacent residentially zoned and/or used property. Parking areas configured such that vehicular headlights are directed toward public rights-of-way across from residentially zoned and/or used property shall provide continuous screening and shall conform to the design requirements set forth in Chapter 1325 of the Building Code and be approved by the Architectural Board of Review. Landscaping and screening shall be continuously maintained and promptly restored if necessary pursuant to Chapter 1141.
(2) Ingress and egress drives and primary circulation lanes shall be located away from residential areas where practical to minimize vehicular traffic and noise which may become a nuisance to adjacent residential areas.
(3) All building entrances intended to be utilized by patrons shall be located on the side(s) of the building which does not abut residentially zoned and/or used property, whenever possible, to minimize the potential for patrons to congregate and create noise which may become a nuisance to adjacent residential areas.
(4) Any 24-hour operation including an outdoor dining facility shall conform to the design requirements and other regulations pursuant to subsection 1161.03
(t) hereof. (Ord. 40-00. Passed 7-17-2000.)
(5) All exterior site and building lighting, which shall be provided, is approved by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code, and such design shall minimize the intrusive effect of glare and illumination upon any abutting areas especially residential pursuant to Section 1306.311. (Ord. 2-18. Passed 4-1-2019.)
(6) Any 24-hour operation adjacent to a residential district and/or use shall be enclosed with a six (6) foot high solid fence along such abutting property lines and be approved by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code. Such fence may be increased in height where the Commission deems necessary and be approved by the Board pursuant to Chapter 1153.
(7) Delivery trucks shall only be permitted between the hours of 8:00 a.m. and 9:00 p.m. pursuant to Chapter 515 of the Codified Ordinances. The Commission may prohibit or provide for other restrictions and conditions related to such deliveries as it deems necessary to protect the surrounding neighborhood.
(8) Loading, unloading, trash removal, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects shall only be permitted between the hours of 8:00 a.m. and 9:00 p.m. pursuant to Chapter 515 of the Codified Ordinances. The Commission may prohibit or provide for other restrictions and conditions related to such deliveries and trash removal as it deems necessary to protect the surrounding neighborhood.
(9) Crowd control or other security or safety measures and means of control for sounds vibrations or odors may be required as deemed necessary by the Commission.
(10) For any 24-hour operation, in order to address specific conditions, the Commission may limit hours of operation during certain days of the week month or year as deemed necessary to protect the surrounding neighborhood.
(11) A Conditional Use Permit issued pursuant to subsection 1161.03(u) shall expire twelve (12) months after the date of issuance.
Notwithstanding anything in this Chapter or this Section to the contrary where the Commissioner determines after compliance with the requirements of Section 1173.02, that a permit holder seeking renewal of a permit issued pursuant to this Section has remained in compliance with the conditions of said permit the Commissioner may issue such renewal.
(Ord. 40-00. Passed 7-17-2000.)
(v) Mixed Use Overlay District. In the C1 Office District, C2 Retail District, C3 General Business, C4 Public School District, and the MH, Multiple-Family, High Density, Residential District, a Mixed Use Overlay development may be permitted as a conditional use, provided that the regulations in Chapter 1135, and all other provisions of the Ordinances and this Code that are not in conflict with Chapter 1135 have been satisfied.
(w) Extended Hours of Operation. In the C1 Office District, C2 Retail District, C3 General Business and C4 Public School District, a business may be permitted as a conditionally permitted use with extended hours of operation after 12:00 a.m. or before 6:00 a.m. subject to all or any of the following:
(1) Parking areas shall be configured so as to prevent vehicular headlights from shining into adjacent residentially zoned and/or used property. Parking areas configured such that vehicular headlights are directed toward public rights-of-way across from residentially zoned and/or used property shall provide continuous screening and shall conform to the design requirements set forth in Chapter 1325 of the Building Code and be approved by the Architectural Board of Review. Landscaping and screening shall be continuously maintained and promptly restored, if necessary, pursuant to Chapter 1141.
(2) Ingress and egress drives and primary circulation lanes shall be located away from residential areas where practical; to minimize vehicular traffic and noise which may become a nuisance to adjacent residential areas.
(3) All building entrances intended to be utilized by patrons shall be located on the side(s) of the building which does not abut residentially zoned and/or used property, whenever possible, to minimize the potential for patrons to congregate and create noise which may become a nuisance to adjacent residential areas.
(4) Any extended hours of operation business including an outdoor/seasonal dining facility shall conform to the design requirements and other regulations pursuant to Section 1161.03(t).
(Ord. 43-08. Passed 4-21-2008.)
(5) All exterior site and building lighting, which shall be provided, is approved by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code, and such design shall minimize the intrusive effect of glare and illumination upon any abutting areas, especially residential pursuant to Section 1306.311. (Ord. 2-18. Passed 4-1-2019.)
(6) Any extended hours of operation business adjacent to a residential district and/or use shall be enclosed with a six (6) foot high solid fence along such abutting property lines and be approved by the Architectural Board of Review pursuant to Chapter 1325. Such fence may be increased in height where the Commission deems necessary and be approved by the Board pursuant to Chapter 1153.
(7) Delivery trucks shall only be permitted between the hours of 8:00 a.m. and 9:00 p.m. pursuant to Chapter 515 of the Ordinances. The Commission may prohibit or provide for other restrictions and conditions related to such deliveries, as it deems necessary to protect the surrounding neighborhood.
(8) Crowd control or other security or safety measures and means of control for sounds, vibrations or odors may be required as deemed necessary by the Commission.
(9) For any extended hours of operation business, in order to address specific conditions, the Commission may limit hours of operation during certain days of the week, month or year as deemed necessary to protect the surrounding neighborhood.
(10) A Conditional Use Permit issued pursuant to subsection 1161.03(w) shall expire twelve (12) months after the date of issuance.
Notwithstanding anything in this Chapter or this Section to the contrary, where the Commissioner determines, after compliance with the requirements of Section 1173.02, that a permit holder seeking renewal of a permit issued pursuant to this Section has remained in compliance with the conditions of said permit, the Commissioner may issue such renewal.
(Ord. 43-08. Passed 4-21-2008.)
(x) Residential Wind Turbines. In a residential district, residential wind turbines may be permitted as a conditionally permitted use where the proposed use complies with all applicable local, State and Federal laws.
(Ord. 73-08. Passed 9-2-2008.)
(y) Drive-Through Facility. In a C1 Office, C2 Retail, C3 General Business or PD Planned Development District, a drive-through facility may be conditionally permitted as an accessory use provided that:
(1) Equipment installed for the operation of the drive-through facility including, but not limited to point of service speakers, service windows, menu boards, vacuums, and washing bays shall not be located within fifty (50) feet of the nearest point of a dwelling regardless of the permitted use of the property;
(2) Subject to Section 1129.16(d), no drive-through facility shall be operated between the hours of 12:00 a.m. and 6:00 a.m., and no drive-through facility abutting residentially zoned or residentially used property shall be operated between the hours of 10:00 p.m. and 6:00 a.m.;
(3) Any drive-through equipment used in the drive-through facility including but not limited to point of sale speakers, vacuums, and windows shall be designed and oriented to minimize the effect on abutting residential properties; sound attenuation walls, landscaping or other materials shall be used, as approved by the Architectural Board of Review where necessary;
(4) A traffic impact analysis shall be submitted by the applicant for the streets, signalized intersections and unsignalized intersections in the vicinity of the development to illustrate the pre-development and post-development traffic volumes and delay per vehicle at intersections, which analysis may be waived at the discretion of the Director with the agreement of the City Engineer but may, notwithstanding a waiver, be required by the Commission;
(5) Adequate measures will be taken by the applicant to ensure that an acceptable flow of traffic will be maintained;
(Ord. 43-11. Passed 1-17-2012.)
(6) A photometric study shall be required and the lighting design shall be approved by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code, all lights shall be full cutoff fixtures and spotlights shall be projected down; all lighting shall be designed in a manner to minimize the intrusive effect of glare and illumination upon abutting properties, especially residential properties pursuant to Section 1306.311;
(Ord. 2-18. Passed 4-1-2019.)
(7) Landscaping and screening pursuant to Chapter 1141, as approved by the Architectural Board of Review, shall be provided; where such use abuts a residential district or use, said landscaped area shall not be less than ten (10) feet wide.
(8) The drive-through stacking lane shall be situated so that any overflow from the stacking lane shall not spill out onto public streets;
(9) The drive-through stacking lane shall be clearly delineated from the user’s parking lot and shall have a capacity as stated in Schedule 1143.05
of this Code;
(10) Each stacking space shall be a minimum of twenty (20) feet in length; stacking requirements shall be measured from the first point of contact with the drive-through facility;
(11) No ingress or egress points shall conflict with turning movements of street intersections;
(12) Pedestrian crossing of the drive-through lane shall be clearly delineated by crosswalks; and
(13) Drive-through banking facilities should also feature a walk-up window or self-service automatic teller.
(Ord. 43-11. Passed 1-17-2012.)
(z) Body Art Establishments. In a C1 Office, C2 Retail or C3 General Busi-ness District a body art establishment, as defined by the Ohio Administrative Code, may be a conditionally permitted use provided that:
(1) The body art establishment meets all requirements regulating such establishments and services as prescribed by the Ohio Administrative Code;
(2) In addition to the requirements of the Ohio Administrative Code, the body art establishment shall only use single-use marking instruments, microblading pens, containers for ink, pigment or dyes, and any other equipment that is available for single use and shall not autoclave, sterilize or reuse any equipment which is available as a single-use item;
(3) The owner or manager of the establishment shall be a body artist as qualified under the Ohio Administrative Code with not less than three years' documentable experience within the last 10 years not including any apprenticeship period. Acceptable documentation of experience shall be submitted with the application for conditional use permit and shall include but not be limited to employment records, references, and proof of ownership of another body art establishment;
(4) No body art establishment shall be located within 500 feet of a school, playground or park or within 2,500 feet of another body art establishment;
(5) The owner of the establishment shall submit proof of general liability insurance in the amount of $1 million along with its application for conditional use permit;
(6) Time-limited or special-event body art establishments shall not be permitted;
(7) No electronic signage shall be permitted at a body art establishment and only the business name may be permitted on any signage;
(8) Body art establishments shall only be permitted to operate between the hours of 8:00 a.m and 9:00 p.m.;
(9) Body art establishments shall dispose of all infectious waste through a qualified contractor, no infectious waste shall be disposed of with regular waste generated by the establishment
(Ord. 31-17. Passed 11-20-2017.)
(aa) Cosmetic and Medical Tattoo Establishments.
(1) Cosmetic tattoo establishment is defined as a commercial business that uses tattooing techniques to provide semi-permanent cosmetics, microblading, micropigmentation, and similar personal care services and includes but is not limited to the practice of placing ink or other pigment into the skin or mucosa by the aid of needles or any other instrument used to puncture the skin for the purpose of permanent cosmetic restoration or enhancement of the epidermis for re-pigmentation. The use is also commonly known as dermal implantation, microstroking, eyebrow embroidery, and long-time/ long-lasting makeup.
(2) Medical tattoo establishment is defined as a commercial business that uses tattooing techniques to restore existing medically diagnosed skin conditions or a condition resulting in surgery including but not limited to restoring the original skin color by tattooing an area to correct skin pigmentation, to conceal scarring, to correct a tissue alteration such as a lip damaged by a cleft lip, or to reconstruct a mammary areola amputated as a result of a mastectomy.
(3) Cosmetic tattooing and medical tattooing do not include other forms of body art such as body piercing or the adornment of the body with letters, images, drawings, or other illustrations and or other illustrations.
(4) In a C1 Office, C2 Retail or C3 General Business District a cosmetic tattoo establishment or medical tattoo establishment, as defined by this section, may be a conditionally permitted use provided that:
A. The cosmetic tattoo or medical tattoo establishment meets all requirements regulating such establishments and services as prescribed by the Ohio Administrative Code;
B. In addition to the requirements of the Ohio Administrative Code, the cosmetic tattoo or medical tattoo establishment shall only use single-use marking instruments, microblading pens, containers for ink, pigment or dyes, and any other equipment that is available for single use and shall not autoclave, sterilize or reuse any equipment which is available as a single-use item;
C. Body artists providing cosmetic or medical tattooing must be qualified under the Ohio Administrative Code with not less than three years documentable experience within the last ten years not including any apprenticeship period. Acceptable documentation of experience shall be submitted with the application for conditional use permit and shall include but not be limited to employment records, references, and any other documentation deemed necessary to determine compliance with this section;
D. The owner of the establishment shall submit proof of general liability insurance in the amount determined necessary by the Law Director along with its application for conditional use permit;
E. No electronic signage shall be permitted at a cosmetic tattoo or medical tattoo establishment;
F. Cosmetic tattoo or medical tattoo establishments shall dispose of all infectious waste through a qualified contractor, no infectious waste shall be disposed of with regular waste generated by the establishment;
(5) Time-limited or special-event cosmetic tattoo or medical tattoo establishments shall not be permitted. Cosmetic tattoo or medical tattoo establishments shall only be permitted to operate between the hours of 6:00 a.m. and 9:00 p.m.
(bb) Accessory Dwelling Units. In a R2 Single- and Two-Family District accessory dwelling units may be permitted as a conditionally permitted use subject to the following regulations:
(1) The lot on which an accessory dwelling unit is placed shall have only one existing dwelling unit.
(2) The lot must be continuously occupied by the majority owner of the lot as their primary residence and as evidenced by documentation determined sufficient by the Planning & Development Director or designee.
(3) The accessory dwelling unit may be attached to or detached from any principal or accessory structure. If attached to a principal structure, the accessory dwelling unit must be designed in a manner to minimize the impact to the principal structure, to the maximum extent practical, and reviewed and approved by the Architectural Board of Review.
(4) For any accessory dwelling unit proposed over an existing accessory structure (i.e., a garage) the existing structure must meet current Building Code requirements.
(5) The accessory dwelling unit must be located in a side or rear yard and not be closer to any street frontage than the primary structure. In the case of a double frontage lot, the accessory dwelling unit shall meet the applicable setback standards.
(6) The minimum gross floor area of the accessory dwelling unit shall be that required by the applicable Building Code in effect at the time any permit is issued.
(7) The maximum gross floor area of the accessory dwelling unit shall be 50% of the gross lot coverage area of the principal structure, excluding porches, decks, and patios, or 1,000 square feet, whichever is less. The maximum gross floor area shall not include any exterior stairs or landings required for ingress or egress.
(8) For accessory dwelling units attached to the principal structure, the maximum height shall be that applicable for the principal structure. For accessory dwelling units that are detached or attached to an accessory structure, the maximum height shall be that applicable for an accessory structure. In no instance shall the height of the accessory dwelling unit exceed the height of the principal structure.
(9) The accessory dwelling unit must be reviewed and approved by the Architectural Board of Review in accordance with any applicable requirements, standards, and guidelines.
(10) There shall be one designated off-street parking space on the lot on which the accessory dwelling unit is located.
(11) The accessory dwelling unit must be separately addressed with the address posted in accordance with Ohio Fire Code.
(12) An accessory dwelling unit cannot be separately conveyed for sale or purchase from the principal structure on the lot.
(13) The minimum rental term for an accessory dwelling unit shall not be less than 60 days.
(14) No certificate of compliance or completion or permit to occupy an accessory dwelling unit shall be issued until evidence is provided to the Planning & Development Director, or designee that a deed restriction providing notice of the regulations of this chapter and section, on a form approved by the Law Director, or designee, has been recorded on the lot with Cuyahoga County.
(Ord. 07-2023. Passed 11-20-23.)