A building or lot within the MUB Mixed Use Business District shall be used only for the following purposes:
(a) Specialized retail uses and shops, including furriers, millinery, shops dealing with women's and men's wearing apparel, including shoe shops, antique shops, jewelry stores, gift shops, bookstores, and video stores (other than adult book stores or video stores), florist shops, photographer or artist studios, and pharmacies.
(b) Printing shops having a sales office or retail outlet on the premises.
(c) Repair services or businesses, including repairing of bicycles, radios, television sets, and other home appliances, typewriters, watches, clocks, and shoes, and having a retail outlet on the premises.
(d) Public and private parks.
(e) Animal hospitals and veterinary offices where there are no outside runs or kennels.
(f) Private or nonprofit clubs and lodges.
(g) Restaurants, provided that service is not made to parked automobiles.
(h) Laundromats and dry cleaning establishments.
(i) Churches or other places of religious worship.
(j) Banks and similar financial institutions.
(k) Off-street parking lots.
(l) Personal service establishments such as barber shops, beauty salons, and tanning establishments.
(m) Residential dwelling units located on a second floor, third or fourth floor where the first floor is occupied by a permitted commercial, retail or office establishment.
(n) Theaters and concert halls.
(o) Public and quasi-public buildings and uses, such as libraries, museums, and public service offices.
(p) Professional activities and services, such as doctors, attorneys and architects and other similar professional service providers.
(q) Computer repair and service facilities, including internet service providers.
(r) Accessory structures and uses incidental to the above uses.
(s) Medical Supply Outlet (Pharmacy)
(t) Sexually Oriented Businesses.
(1) A permitted use by sexually oriented businesses in this district shall comply with the following requirements: Sexually oriented businesses, as defined in Chapter 1157 shall be permitted, provided the proposed location of such use is more than 1,000 feet from all the following uses:
A. Any residential zoning district as established by this Zoning Code of the City of Deer Park or this Zoning Code of any adjacent political subdivision.
B. Any church, synagogue, permanently established place of worship, school, library or public playground attended by persons under the age of 18.
C. Any other recreational facility or amusement park attended by persons under 18 years of age.
D. Any hotel, motel or bed and breakfast lodging establishment.
E. Any other sexually oriented business.
F. Any establishment licensed by the State of Ohio for the sale of beer or intoxicating liquor for consumption on the premises.
G. Pawn shops.
H. Pool or billiard halls.
I. Video game or pinball palaces, halls or arcades.
(2) The measure of distance for purposes of this subsection shall be from property line to property line along the shortest possible course, regardless of any customary or common route or path of travel.
(3) The Zoning Inspector shall consider only the following:
A. Whether the sexually oriented business is seeking to locate in a MUB District;
B. Whether the proposed location of the sexually oriented business is at least 1,000 feet from the uses listed in this subsection. The determination shall be made without a public hearing being held and must be made within 10 days of the effective date of this section or within ten days of the receipt of a completed application for a zoning permit, whichever is less. An applicant or an aggrieved party may appeal a decision of the Zoning Inspector or the Planning and Zoning Commission to the Board of Zoning Appeals pursuant to Chapter 1105. Such appeal must be made within 30 days of the claimed adverse decision. The Board of Zoning Appeals shall hear and decide sexually oriented business appeals within 30 days of the filing of the appeal by the applicant or the aggrieved party. Further appeal shall be to a court of competent jurisdiction as provided by law. (Ord. 2009-09. Passed 5-11-09; Ord. 2023-06. Passed 5-1-23.)