1359.02 USE REGULATIONS.

   In Class U4, U5 and U6 Districts, no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, except for a U4, U5 and U6 use as set forth in this chapter.

   (a)   Principal Uses Permitted by Right. A use listed in Schedule 1359.03 shall be permitted by right as a principal use in a district when denoted by the letter “P” provided that all requirements of other city ordinances and this Planning and Zoning Code have been met.

   (b)   Conditional Uses. A use listed in Schedule 1359.03 shall be permitted as a conditional use in a district when denoted by the letter “C” provided the Planning and Zoning Commission first makes the determination that the requirements of this chapter have been met according to the procedures set forth in Chapter 1368.

   (c)   Accessory Uses and Structures. A use or structure listed in Schedule 1359.03 shall be permitted as an accessory use or structure in a district when denoted by the letter “A”. Such use or structure shall be permitted as a subordinate building, structure or use when it is clearly incidental to and located on the same lot as the principal building or use. Accessory uses and structures are further regulated in subsequent sections of this Code. Additional uses that are determined to be customarily incidental to a permitted principal or conditional use may be permitted by the Zoning Commissioner.

   (d)   Compliance Required. Although a use may be indicated as a permitted principal, conditional or accessory use in a particular district, it shall not be approved on a parcel unless it can be located thereon in full compliance with all of the standards and other regulations of this Code applicable to the specific use and parcel in question.

   (e)   Uses Not Listed in Schedule. Any use not specifically listed as either a permitted principal or conditional use shall be a prohibited use in these zoning districts and shall only be permitted upon amendment of this Code and/or the Zoning Map as provided in Chapter 1343 or upon a finding that a use is substantially similar as provided in Section 1323.03.

(Ord. 201-2008. Passed 10-6-08.)

1359.03 PERMITTED USES

1359.03 PERMITTED USES
LAND USE CATEGORY	Class U4 Retail and Services	Class U5 General Commercial District	1361 Class U6 General Industrial District
(a)   Offices
(1)   Administrative and professional offices including but not limited to accounting, clerical, drafting executive, financial, governmental, public utility offices, and other similar types of office uses	P	P	P
(2)   Financial institutions, banks, real estate offices and other offices that accommodate frequent walk-in customers, but not including non-charter financial establishments	P	P
(3)   Medical, dental, and other health service offices	P	P
(4)   Research and development laboratories or testing offices		P	P
(b)   Retail/Services
(1)   Retail establishments in completely enclosed building except as otherwise regulated below	P	P
(2)   Personal service establishment including barber, beauty shops except as otherwise regulated below	P	P
(3)   Animal clinic with all operations in a completely enclosed building	P	P
(4)   Animal clinic with outside run or kennel, see also Section 1359.06(a)	C	C
(5)   Business equipment and supplies, including self-service printing services	P	P
(6)   Business school	P	P	P
(7)   Check-cashing nonchartered financial establishment, see also Section 1359.06(s)	C	C
(8)   Crematorium, see also Section 1359.06(b)	C	C	P
(9)   Medical marijuana dispensaries, see also Chapter 728.	C	C	C

 

1359.03 PERMITTED USES
LAND USE CATEGORY	Class U4 Retail and Services	Class U5 General Commercial District	1361 Class U6 General Industrial District
(10)   Drive-through facility in association with a permitted use, see also Section 1359.06(d)	C	C
(11)    Dry cleaning counter service	P	P
(12)   Funeral home, mortuary, see also Section 1359.06(e)	C	P
(13)   Furniture, home furnishing, office equipment and office supplies store	P	P
(14)   Motels, hotels, see also Section 1359.06(i)	C	P
(15)   Outdoor dining in association with a permitted use, see also Section 1359.06(j)	C	C
(16)   Outdoor display of items for sale, except motor vehicles, in association with a permitted use, see also Section 1359.06(k)	C	P
(17)   Pawn shop, see also Section 1359.06(s)	C	C
(18)   Repair shops for personal items such as shoes, watch, camera	P	P
(19)   Restaurant in completely enclosed building (including ice cream parlor, coffee shop)	P	P
(20)   Retail plant nursery and garden supply business, see also Section 1359.06(n)	C	P
(21)   Self-serve laundry facility	P	P
(22)   Studios for instruction	P	P
(23)   Tattoo parlor, branding parlor, body piercing, see also Section 1359.06(s)	C	C
(24)   Trade school		C	P
(25)   Establishments engaged in sale of deadly weapons, in compliance with Chapter 785		C
(26)   Sweepstakes Terminal Café	P	P
(27)   Adult uses	As regulated in Chapter 1395
(c)   Motor Vehicle/ Transportation
(1)   Ambulance service		P	P
(2)   Automobile service facility, see also Section 1359.06(f)	C	P	P
(3)   Car wash facility, see also Section 1359.06(f)		P
(4)   Gasoline station, see also Section 1359.06(f)	C	P

 

1359.03 PERMITTED USES
LAND USE CATEGORY	Class U4 Retail and Services	Class U5 General Commercial District	1361 Class U6 General Industrial District
(5)   Heavy duty truck and/or boat sales, service and repair, see also Section 1359.06(g)		C	C
(6)   Major repair facility for motor vehicles (includes painting, body shops, engine repair shops, transmission shops), see also Section 1359.06(g)		C	P
(7)   Parking lot as principal use	C
(8)   Parking structure as principal or accessory use	C
(9)   Rental of automobiles and small trucks	C	P	P
(10)   Sales or lease of new automobiles and small trucks, see also Section 1359.06(p)	C	P	P
(11)   Sales or lease of used automobiles and small trucks, see also Section 1359.06(q)	C	P	P
(12)   Towing/wrecker service			P
(13)   Transit garage, see also Section 1359.06(t)			P
(d)   Entertainment, Recreation, Community Facility
(1)   Assembly halls, lodges and membership clubs, including churches/religious assembly, provided the use is located on a lot size of one acre or more, and in a freestanding building	P	P
(2)   Cultural institution including museum, gallery	P	P
(3)   Dance hall/entertainment or catering establishment in association with a permitted use	C	C	C
(4)   Day care facility, adult or child, see also Section 1359.06(c) *The conditional use approval by Planning and Zoning Commission shall be subject to affirmation by City Council	C*	C*	C*
(5)   Health club	P	P
(6)   Indoor recreation facility, including but not limited to roller skating, ice skating rinks, bowling alleys		P	P
(7)    Local public safety facility, including police station and fire station	P	P	P
(8)   Local public service facility that provides for the upkeep and maintenance of the community such as but not limited to a service garage, maintenance building, and salt dome		C	P

 

1359.03 PERMITTED USES
LAND USE CATEGORY	Class U4 Retail and Services	Class U5 General Commercial District	1361 Class U6 General Industrial District
(9)   Outdoor recreation involving motor vehicles, race track, see also Section 1359.06(o)			C
(10)   Outdoor recreation, archery range, golf course, golf driving range or miniature golf course and similar outdoor commercial recreation, see also Section 1359.06(o)	C	C	C
(11)   Public library	P	P
(12)   Public parks and/or playgrounds	P	P
(13)   Theater, indoor	P	P
(e)   General Commercial
(1)   Equipment sales, rental and/or service		C	P
(2)   Linen and uniform supply, commercial laundry		C	P
(3)   Painting or varnishing shop, woodworking shop, vulcanizing shop		C	P
(4)   Printing, publishing, engraving and allied industries, but not including self-service print shops, which are regulated as a retail establishment		P	P
(5)   Repair services for household and business equipment, but not including motor vehicles	C	P
(6)   Trade/contractor's facility including carpenter, cabinetry, upholstering, sheet metal, plumbing, heating, roofing, air conditioning, sign painting and other similar facilities		P	P
(7)   Upholstery and furniture repair	C	P	P
(8)   Vending machine supply and repair		P	P
(9)   Welding shop			P
(10)   Cultivation, processing and testing of medical marijuana		P	P
(f)   Storage and Distribution.
(1)   Distribution of welding supplies and gases			P
(2)   Distributors, warehouse and wholesale outlet (including break-bulk operations such as bottling and/or packaging, bakery) in completely enclosed building, except as otherwise listed		P	P

 

1359.03 PERMITTED USES
LAND USE CATEGORY	Class U4 Retail and Services	Class U5 General Commercial District	1361 Class U6 General Industrial District
(3)   Mini/ self-storage facility that involves the lease, sale, rental or other transfer of storage space to more than one user on the same site, see also Section 1359.06(r)		C	P
(4)   Outdoor storage of materials in association with a principal use, see also Section 1359.06(l)		C	P
(5)   Outdoor storage of fleet vehicles used in the operation of the principal use, see also Section 1359.06(m)	C	P	P
(6)   Truck or transfer terminal; motor freight garage/depot, see also Section 1359.05(t)			P
(g)   Manufacturing and Industry.
(1)   Assembly of building components, including manufactured home assembly			P
(2)   Chemical manufacturing except when specifically listed in Chapter 1373 as a prohibited use or when operations would create a hazard or common-law nuisance beyond the confines of the lot, see also Section 1359.06(h)			C
(3)   Food and beverage manufacturing and processing, including brewing and distilling of alcoholic beverages			P
(4)   Heavy machinery and equipment manufacturing, assembly and repair			P
(5)   Heavy manufacturing, not otherwise identified in this list except when specifically listed in Chapter 1373 as a prohibited use or when operations would create a hazard or common-law nuisance beyond the confines of the lot) see also Section 1359.06(h)			C
(6)   Light manufacturing, not otherwise identified in this list, including compounding, processing, assembling, and packaging (except when specifically listed in Chapter 1373 as a prohibited use or when operations would create a hazard or common-law nuisance beyond the confines of the building)			P

 

1359.03 PERMITTED USES
LAND USE CATEGORY	Class U4 Retail and Services	Class U5 General Commercial District	1361 Class U6 General Industrial District
(7)   Lumber yard with outdoor storage			P
(8)   Manufacturing of products from raw materials, see also Section 1359.06(h)			C
(9)   Metal product manufacturing, fabrication, processing or finishing conducted entirely in a completely enclosed building, including metal grinding, machining, enameling and coating, but not including the recycling, processing or storage of previously used or salvaged metal products, see also Section 1359.06(h)			P
(10)   Metals recycling within completely enclosed building, see also Section 1359.06(k)(2)			P
(11)   Motor vehicle manufacturing			P
(12)   Ship or boat construction			P
(13)   Stonework, concrete or cement product manufacturing, see also Section 1359.06(h)			C
(14)   Tool and die manufacturing			P
(15)   Wood product manufacturing, processing or finishing conducted entirely in a completely enclosed building, but not including the recycling, processing or storage of previously used or salvaged wood products			P
(h)   Utilities.
(1)   Utility substation		C	P
(2)   Water treatment plant			P
(i)   Accessory Uses and Structures that are provided for the use of employees and/or incidental to the operation of the principal use.
(1)   Internet sweepstakes area	A	A
(2)   Fencing and screening	A	A	A
(3)   Off-street parking and loading areas	A	A	A
(4)   Signs	A	A	A
(5)   Retail and service facilities located internally on-site including but not limited to: cafeterias; recreational facilities, clinics, employee credit unions			A

 

 

1359.03 PERMITTED USES
LAND USE CATEGORY	Class U4 Retail and Services	Class U5 General Commercial District	1361 Class U6 General Industrial District
(6)   Central heating and power plants for furnishing heat and energy to structures on the site			A
(7)   Data processing facilities			A
(8)   Garages for storage and maintenance of company motor vehicles and for storage of gasoline and lubricating oils needed for operation of these vehicles and for the maintenance of the company's plant and machinery located therein			A
(9)   Vehicle sales accessory to vehicle service and repair facilities in compliance with restrictions on outdoor storage of Section 1359.06(g)(1)		A	A
(10)   Donation bins of Section 1359.06(u)	A	A

 

(Ord. 201-2008. Passed 10-6-08; Ord. 167-2012. Passed 11-5-12; Ord. 172-2011. Passed 11-21-11; Ord. 42-2017. Passed 4-17-17; Ord. 91-2017. Passed 8-21-17; Ord. 118-2017. Passed 10-16-17; Ord. 90-2018. Passed 6-18-18.)

1359.04 DEFINITIONS OF SPECIFIC USES.

   Uses listed in Section 1359.03 shall be limited by the definitions included in this section:

   (a)   "Adult family home." A facility that is licensed by the Ohio Department of Health to provide accommodations for not more than five adults and to provide personal care services to these resident adults (typically elderly). Such services may include assistance in daily living activities and self-administration of medicine, and preparation of special diets. Such facility shall present evidence that it meets the certification, licensing, and approval requirements of the appropriate State agency.

   (b)   “Automobile service facility (see also gasoline station).” A building, part of a building, structure or space that is used for the retail sale of lubricants and motor vehicle accessories, the routine maintenance and service of vehicles and the making of minor repairs to motor vehicles, which are normally completed within one business day. Repairs described under “Motor Vehicle Repair” shall not be permitted.

   (c)   “Body-piercing shop.” A building or portion thereof where piercing of human body parts is administered or from which a body-piercing business or service is operated. This shall not include establishments that limit their piercing to ears only.

   (d)   “Check cashing non-chartered financial establishment.” A financial establishment other than a State or Federally chartered bank, credit union, mortgage lender or savings and loan association that offers check cashing services and loans for payment of a percentage fee. Specifically included are businesses that charge a percentage fee for cashing a check or negotiable instrument, “payday loan” businesses that make loans upon assignments of wages received, or businesses that function as deferred presentment services.

   (e)   “Drive-through facility.” Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. The term “drive-through” shall also include “drive-up” and “drive-in” but shall not include Car Wash, Gasoline Station, and Automobile Service Facility.

   (f)   “Equipment sales/rental/service.” Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, and similar equipment, and the rental of recreational and commercial motor vehicles. This term includes incidental storage, maintenance, and servicing of such equipment.

   (g)   “Gasoline station (see also automobile service facility).” An establishment where motor fuels are stored and dispersed into the fuel tanks of motor vehicles by an attendant or by persons other than the station attendant and may include accessory facilities available for the sale of other retail products.

   (h)   “Major repair facility for motor vehicles.” An establishment providing the repair rebuilding or reconstruction of motor vehicles or parts thereof, including the rebuilding of motor vehicles bodies by the replacement, smoothing, sanding or painting of the exterior surfaces of such vehicles within a completely enclosed building.

   (i)   “Marijuana.” Marihuana as defined in Ohio R.C. 3719.01.

   (j)   “Medical marijuana.” Marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose as defined in Ohio R.C. 3796.01(A)(2).

   (k)   “Outdoor display/sales.” Merchandise placed in an outdoor area that is open to the general public, when the merchandise on display is removed from its shipping packaging and is representative of merchandise that is available for purchase inside the building and/or is available for purchase by the general public directly from the display area.

   (l)   “Outdoor storage.” The storage of goods, materials, merchandise or vehicles in an area outside of a building or structure except for merchandise placed in an area for outdoor display.

   (m)   “Outdoor storage of fleet vehicles.” The outdoor storage of cars, trucks, vans, and other vehicles, including motorized equipment on the same lot as a retail, commercial, industrial or other principal use and which are used as part of the operation of such principal use, but not including privately owned customer or employee vehicles.

   (n)   “Pawn shop.” A building or portion thereof where personal property is received and for which money is advanced, with the right of privilege granted to the person to whom said money is advanced to reclaim such property upon repayment of said money, together with all legal charges incident thereto.

   (o)   “Personal service establishment.” An establishment providing services that are of a recurring and personal nature to individuals. This term includes, but is not limited to, a barber shop, beauty salon, shoe repair shop, seamstress, tailor, fortune teller, tanning salon, and massage establishment. This term does not include a portrait studio, dry cleaning establishment, laundromat, photocopy center, health club or repair shop for household items.

   (p)   "Residential facility family home." A facility licensed by the Ohio Department of Mental Health to provide accommodations to not more than eight mentally retarded or developmentally disabled persons and to provide personal care, supervision, habilitation services and mental health services in a family setting.

   (q)   “Retail establishment.” An establishment engaged in the selling or renting of goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such products. Such an establishment is open to the general public during regular business hours and has display areas that are designed and laid out to attract the general public. In determining a use to be a retail use, the proportion of display area vs. storage area and the proportion of the building facade devoted to display windows may be considered. This term does not include any adult entertainment uses. This term includes, but is not limited to, artist’s studios, portrait studios, and bakeries.

   (r)   “Sweepstakes terminal café.” Parking shall be provided in compliance with Section 1389.04 for the sweepstakes terminal café, in addition to the required parking for all main uses of the premises. Applicants for multi-tenant properties shall supply a parking site plan demonstrating compliance with the requirements of Chapter 1389 of the Euclid Codified Ordinances as well as a parking site plan for the sweepstakes terminal café use, except that sweepstakes terminal café accessory use premises of less than 10% of the floor area of the main use of the premises shall not require parking spaces in excess of the parking required for the main use of the premises. The exterior property of sweepstakes terminal café main use premises shall, as much as practical, be brought into compliance with applicable requirements for fencing, landscaping, and parking layout as required for a change of use.

   (s)   “Tattoo parlor” or “branding parlor.” A building or portion thereof where the tattooing or branding of human body parts is administered or from which a tattooing or branding business or service is operated.

      (Ord. 201-2008. Passed 10-6-08; Ord. 172-2011. Passed 11-21-11; Ord. 62-2014. Passed 6-2-14; Ord. 42-2017. Passed 4-17-17; Ord. 124-2021. Passed 10-18-21.)

1359.05 SUPPLEMENTAL REGULATIONS FOR ALL USES.

   (a)   Nuisances Not Permitted.

      (1)   Any use that is injurious to adjacent premises or occupants thereof by reason of the emission of dust, fumes, odors, gas, smoke, noise or vibrations, or which is dangerous to life or property shall be considered a nuisance and shall not be permitted.

      (2)   No junk, inoperative or unlicensed vehicles, except for the inventory of unlicensed new or used cars for sale, shall be permitted to remain outside on any property in a U-4, U-5 or U-6 District for more than 48 hours.

   (b)   Compliance with Other Regulations. All uses shall comply with applicable Federal, State and local regulations including any licensing requirements. Failure at any time to comply with such rules, regulations and licensing requirements shall be deemed to be a violation of this Planning and Zoning Code.

   (c)   Minimum Lot Width. For corner lots, whenever the regulations of this chapter specify a minimum lot width, such width shall be measured along the primary street frontage, as determined by the Zoning Commissioner.

   (d)   Obstructions in Sidewalks. Public sidewalks shall be kept clear of obstacles and the safe passage of pedestrians shall be maintained at all times.

   (e)   Restrictions on Business Hours, when Uses Abut Residential District.

      (1)   No use that abuts a residential district shall be open between 2:30 a.m. and 6:00 a.m. except as otherwise regulated in the Euclid Codified Ordinances or by the Planning and Zoning Commission as part of the approval of a conditional use.

      (2)   No car wash that abuts a residential district shall be permitted to operate between the hours of 11:00 p.m. and 8:00 a.m. Owners of such car washes shall implement reasonable and necessary measures to prevent access to and use of car wash facilities between the hours of 11:00 p.m. and 8:00 a.m.

   (f)   Landscaping and Buffering Requirements.

      (1)   Landscaping along the street frontage. Every lot in a U-4, U-5, or U-6 District shall provide a landscaped strip along the public street right-of-way, excluding driveway openings, in accordance with the following:

         A.   The landscaped strip shall be the area required for the front yard for the building and parking areas as set forth in Sections 1385.01 and 1385.02, but in no case shall the landscaped strip be less than 10 feet in depth, measured from the right-of-way.

         B.   The minimum landscaping shall consist of the following:

            1.   Three major shade trees shall be provided for every 100 linear feet of the landscaped strip or fraction thereof, not including drive entrances.

         Each tree, at the time of installation, shall have a clear trunk height of at least six feet and a minimum caliper of two inches.

            2.   Twenty shrubs shall be provided for every 100 linear feet of lot frontage or fraction thereof, not including drive entrances. Each shrub shall be container grown in not less than three gallon containers and shall not be less than 24 inches in height at time of planting and shall not be pruned to less than 24 inches in height.

         C.   All areas of a landscaped strip not devoted to trees and shrubs shall be planted with grass, ground cover or other live landscape treatment, excluding paving or gravel.

         D.   Any landscaped strip adjacent to a parking area shall be protected from encroachment by vehicles by a curb or other barrier system.

         E.   Trees and shrubs may be aggregated appropriately, as approved by the Architectural Board of Review.

      (2)   Buffer requirements for uses abutting Residential Districts. In locations where a use in a U-4, U-5 or U-6 District abuts a residential district, such use shall provide a buffer zone along the entire length of the common boundary between the U-4, U-5 or U-6 use and the residential district:

         A.   The buffer area shall have a minimum width of ten feet, measured from the lot line that abuts the residential district.

         B.   The buffer area shall be landscaped with grass, shrubbery and trees, as approved by the Architectural Board of Review.

         C.   The buffer area shall contain a solid fence or masonry wall three feet in height from the residential building line to the street and six feet in height from such residential building line to the rear of the residential district property line.

      (3)   General requirements for landscaping. Buffering and screening.

         A.   All screening shall be free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.

         B.   Trees and shrubs shall be arranged to create varied and attractive views and plant material should provide a variety of color displayed throughout the year.

         C.   All required landscaping shall be maintained in healthy condition and replaced when necessary. Replacement material shall conform to the original intent of the landscape plan.

         D.   Vehicle parking shall not be permitted in any landscaped area or area that is not paved.

      (4)   Flexibility in the arrangement and placement of landscaping and screening. The standards and criteria in this subsection (f) establish the City's levels of landscaping and buffering intensity expected. However, in applying these standards during the review of the landscaping plan the Architectural Review Board may:

         A.   Exercise discretion and flexibility with respect to the placement and arrangement of the required elements to assure that the objectives of the district and the proposed development or redevelopment are best satisfied.

         B.   Grant a waiver allowing existing conditions, trees and/or vegetation retained on site to be used to meet the landscaping and screening requirements when it can be determined that the proposed measures equal or exceed the intent and provisions of Section 1359.05(f).

      (5)   Applicability of landscaping and buffering requirements. Whenever a building, structure or parking area is proposed to be constructed, altered, or expanded, or a use established or expanded, the applicant shall submit a landscaping plan for review.

         A.   New construction. The requirements of this section shall apply to any new construction on a vacant lot or redeveloped site.

         B.   Alterations, expansions or new construction on developed site.

            1.   Whenever an existing building, structure or parking area is expanded or altered or new construction is proposed on a site with an existing building, structure or use, and the cost of the expansion, alteration or new construction exceeds 20% of the current total market value of the site as reported on the Cuyahoga County Auditor's records, the entire site shall be made to comply with the landscaping and screening requirements of this section.

            2.   Whenever the cost of expansion, alteration or new construction on a lot with an existing building, structure or use does not exceed 20% of the current total market value of the site as reported on the Cuyahoga County Auditor's records the minimum landscaping and screening required by this section shall, at a minimum, be provided on the portion of the lot where the alteration, expansion, or new construction is located.

         C.   Conditional uses. The Planning and Zoning Commission may also require compliance with the landscaping standards in its review of conditional uses.

   (g)   Metallic Door and Window Guards, Grates, Bars Shutters and Rolling Shutters. The installation or use of any type of metallic window guards or door guards, folding gates, grating or bars shutters or rolling shutters placed across doors or windows in a retail or commercial or industrial use or accessory building shall be conditioned upon the issuance of a special permit by the Planning and Zoning Commission. In reviewing the request for a special permit the business operator must demonstrate the following:

      (1)   That the business has reviewed the proposed use of any of the items listed in this section with a Crime Prevention Specialist from the Euclid Police Department and determined from that review that other options to provide the desired security are not practical due to physical limitations or cost.

      (2)   That unprotected windows and doors would be at risk to damage through crime or vandalism, to a degree which would constitute a hardship to the operation of the business. Evidence of hardship shall include but is not limited to the following:

         A.   Incidents of criminal activity or vandalism on site or in proximity to the subject property.

         B.   Incidents of criminal activity or vandalism at similar local business establishments.

         C.   Evidence of particular risk factors for crime or vandalism related to the specific location or physical features of the property, hours of operation and hours of non-operation.

         D.   Evidence of risks which may be specific to the trade or business involving the application.

      (3)   Upon finding a need for a special permit, in order to promote high standards of design and operation, the Planning and Zoning Commission shall: refer the special permit application to the Architectural Board of Review which shall review elevation drawings, and installation specifications materials construction documents and color samples based on compatibility with the following factors:

         A.   The system and installation of window or door guards, folding gates, grating or steel bars placed across doors or windows shall minimize visibility from public streets and where practical shall be entirely installed on the interior of the window and door frames.

         B.   The security system design and installation shall, as much as is practical, minimize the visibility of track and storage systems as they would be seen from the exterior of the building.

         C.   Any system to be installed within a multi tenant structure shall consider the context and impact on other tenants of the larger premises.

         D.   The design shall, to such degree as is practical, minimize the visual impact of the system in both the open and closed positions.

         E.   The design shall be visually compatible with the surrounding area and the general expectations of the specific use district and adjacent districts applicable to the subject property and its neighborhood context.

         F.   The owner or tenant shall participate in the City of Euclid “Knox Box” emergency entry program administered through the Fire Department.

(Ord. 201-2008. Passed 10-6-08; Ord. 110-2013. Passed 10-21-13.)

1359.06 REGULATIONS FOR SPECIFIC USES.

   The regulations for specific uses contained in this section are for certain land uses and are in addition to standards set forth elsewhere in the Planning and Zoning Code. Conditional uses, as denoted in Section 1359.03, shall also comply with the requirements of Chapter 1368.

   (a)   Animal Clinic with Outside Run or Kennel.

      (1)   Outdoor areas devoted to kennels and/or runs shall be located according to the following:

         A.   Be located in the rear yard;

         B.   Have a minimum side and rear setback of 30 feet;

         C.   Have a minimum setback of 100 feet from any residential zoning district boundary; and

         D.   Have a maximum area of 25% of the gross floor area of the principal building.

      (2)   All odor and noise shall be adequately controlled to ensure that animals do not create a nuisance.

      (3)   All waste shall be disposed of with adequate frequency and in such a sanitary manner as to avoid odors, vermin or other nuisance conditions or the spread of disease.

   (b)   Crematorium. In a U-4 District, a crematorium shall only be permitted as a conditional use in association with a funeral home or mortuary.

   (c)   Day Care Center, Adult or Child.

      (1)   All outdoor activity areas shall be surrounded by a fence or wall having a height of at least four feet. An entry gate shall be securely fastened.

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

   (d)   Drive-Through Facilities.

      (1)   Drive-through facilities shall have a minimum lot area of one-half acre and a minimum lot width of 150 feet.

      (2)   The primary permitted use shall be located on an arterial or collector street and the drive-through facility shall be so arranged on the site to be the least disruptive to pedestrian traffic.

      (3)   All access drives shall be located as far as practicable from existing street intersections in order to minimize congestion and constricted turning movements as approved by the City Engineer through the conditional use permit.

      (4)   The installation and placement of any proposed outdoor loudspeaker system shall be subject to review and approval as part of the conditional use application review process.

      (5)   Stacking spaces shall be provided for any use having a drive-through facility in compliance with the standards set forth in Section 1389.08.

      (6)   Alleys or driveways in residentially zoned areas adjacent to drive-through facilities shall not be used for circulation of customer traffic or for stacking spaces.

      (7)   The Planning and Zoning Commission may impose restrictions on the hours of operation of drive-through facilities through the conditional use review process. In evaluating this provision, they shall consider the proximity of residential zoning districts, schools, places of religious assembly, and parks/playgrounds.

   (e)   Funeral Home.

      (1)   All access drives shall be located as far as practicable from an existing street intersection in order to maximize traffic safety and minimize congestion and constricted turning movements.

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

   (f)   Gasoline Stations, Automobile Service Facility and Car Wash.

      (1)   Such facility shall have a minimum lot area of one-half acre and a minimum lot width of 150 feet.

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

      (3)   There shall be a minimum building floor area of 1,200 square feet.

      (4)   Such facilities shall be located on an arterial or collector street in an area least disruptive to pedestrian and vehicular traffic.

      (5)   Except while at a pump island, no vehicle shall be parked between the fuel pumps and the front property line.

      (6)   A car wash establishment may be combined with a gasoline station or an automobile service station, provided that the minimum lot size for the combined uses is a minimum of 40,000 square feet.

      (7)   The installation and placement of any proposed loudspeaker or vacuum system shall be subject to review and approval as part of the building permit or conditional use application.

      (8)   A car wash or similar auto service facility shall provide stacking spaces in compliance with the standards set forth in Section 1389.08.

      (9)   No inoperative motor vehicles, equipment, or parts shall be permitted to be stored outside on the property.

      (10)   An area for vehicular circulation that is not otherwise used for required parking shall be provided at each end of a gasoline pump island. Such area shall be sufficient to provide for unimpeded circulation of customer automobiles.

      (11)   Access drives shall comply with the following standards except as otherwise approved by the City Engineer:

         A.   The location of access drives shall be placed as far as possible from the intersection;

         B.   A parcel shall be limited to no more than one access drive per street frontage; and

         C.   The maximum drive width shall not exceed 30 feet at the sidewalk line.

      (12)   Gasoline station. The only services permitted to be performed at a gasoline station shall be the dispensing of fuel, oil, air, and windshield wiper fluid and other common vehicular liquids and lubricants.

      (13)   Automobile service facility. Automobile service facilities shall not provide services to vehicles that exceed one and one-half tons in capacity. All activities, except those required to be performed at a fuel pump, air dispenser or self-serve automobile vacuum, shall be conducted entirely within a building or garage.

   (g)   Major Repair Facility and Heavy Duty Truck and/or Boat Sales, Service and Repair.

      (1)   Outdoor storage of any combination of customer vehicles awaiting pick up and/or repair, or vehicles offered for sale, shall be limited to no more than six vehicles stored outdoors overnight, unless such storage is located in an area which is completely surrounded by a solid screen fence having a minimum height of six feet, located behind the setback line or buffer strip no less than ten feet in depth, and which is landscaped with trees and shrubs as approved by the Planning and Zoning Commission. Said vehicles, stored at service or repair facilities, shall not display sales and pricing information signs.

      (2)   All repair activities associated with the facility shall take place in a completely enclosed building.

      (3)   All vehicle parking and storage areas shall be located behind the front line of the principal building.

      (4)   Areas devoted to vehicle parking and/or storage shall be paved with asphalt or concrete and maintained free of dust.

   (h)   Manufacturing, Heavy.

      (1)   The minimum lot size shall be three acres, and the minimum lot width shall be 250 feet.

      (2)   The facilities shall be located on the site in a manner that best minimizes the potential effect of winds carrying objectionable odors to surrounding properties.

      (3)   The use and any associated outdoor storage shall be setback 100 feet from any residential zoning district boundary or use.

      (4)   All buildings and outdoor storage areas shall be setback a minimum of 50 feet from a front lot line.

      (5)   Outdoor storage areas shall be entirely surrounded by a solid wall or fence that includes solid gates and has a minimum height of ten feet. Items shall not be piled or stored higher than the top of the fence or wall.

      (6)   All fences or walls required in this section shall be constructed of uniform materials painted or otherwise preserved, and approved by the Planning and Zoning Commission. Additional fences, walls or shrubs may be required by the Planning and Zoning Commission, if necessary, to adequately screen the materials from adjoining districts or public streets.

   (i)   Medical Marijuana Cultivation, Processing and Testing Facility. Any facility used in the cultivation, processing and testing of medical marijuana shall not be located within 500 feet of a school, church, public library, public playground, or public park. Additionally, the facility must strictly adhere to any provisions of the Ohio Administrative Code related to the cultivation, production and testing of medical marijuana.

   (j)   Motel/Hotel.

      (1)   All access drives shall be located as far as practicable from an existing street intersection in order to maximize traffic safety and minimize congestion and constricted turning movements.

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

      (3)   Any outdoor activity area shall be sufficiently screened from any adjacent residential use.

   (k)   Outdoor Dining.

      (1)   Outdoor dining located in a public right-of-way shall be subject to the approval of an encroachment license by the City Council. Said license may be revoked by the City Council with or without cause upon majority vote of Council.

      (2)   Planters or other devices may be required by condition of the Planning and Zoning Commission to be used as a way of defining the area occupied by the outdoor dining.

      (3)   All accessory structures associated with the outdoor dining facility, including extended awnings, canopies, or large umbrellas, shall be subject to the review and approval of the Planning and Zoning Commission.

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

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

      (6)   Complaint petitions signed by 50% of property owners and/or tenants within 200 feet of a parcel containing an outdoor dining or seating area must be heard by the Planning and Zoning Commission. Conditional use permits may be subject to additional conditions or revocation if in the judgment of the Commission the use has created nuisance conditions affecting nearby property owners and/or tenants.

      (7)   Noise shall be adequately controlled to ensure that patrons do not create a nuisance. For outdoor dining approved as a conditional use, the Planning and Zoning Commission may impose time restrictions on the use of any music or speaker devices.

   (l)   Outdoor Display.

      (1)   Outdoor display of merchandise for sale shall be limited to products that are customarily associated with the operation of the principal business located on the premises and conducted by employees of such principal business. There shall be no outdoor display and sale of merchandise conducted by any person operating or conducting a business, which is different or distinct from the principal business conducted at that location.

      (2)   Areas devoted to outdoor display shall be located in a side or rear yard, shall comply with all building setbacks and yard regulations for the district in which they are located, and shall be located a minimum of ten feet from all residential property lines.

      (3)   All outdoor display areas shall be contiguous to the principal building.

      (4)   No outdoor display area shall be permitted to occupy or interfere with traffic circulation, required parking areas, public sidewalks or pedestrian access.

      (5)   No outdoor display shall be permitted between the front wall of the principal building and the adjacent street.

      (6)   No signs shall be permitted in conjunction with outdoor display areas except those otherwise in compliance with the sign regulations.

      (7)   The area of the lot devoted to outdoor display shall not exceed 25% of the ground floor area of the principal building in a U-4 District nor 50% of the ground floor area of the principal building in a U-5 District. These limitations shall not apply to establishments for the sale, lease or rental of new or used automobiles and small trucks, heavy duty truck and/or boat sales, service or repair facilities or equipment sales, rental and/or service facilities.

      (8)   Areas devoted to outdoor display shall be paved with asphalt or concrete and maintained free of dust.

   (m)   Outdoor Storage.

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

      (2)   No outdoor storage of recycled materials, or used or salvaged metals, vehicles or equipment shall be permitted.

      (3)   Location.

         A.   Areas devoted to outdoor storage shall be located in a side or rear yard only and shall comply with the building setbacks set forth in the district regulations for the district in which the lot is located.

         B.   All outdoor storage areas must be contiguous to the principal building.

         C.   No outdoor storage area shall be permitted to occupy or interfere with traffic circulation, required parking areas, public sidewalks or pedestrian access.

      (4)   Area. The area of the lot devoted to outdoor storage shall not exceed 150% of the ground floor area of the principal building.

      (5)   Areas devoted to outdoor storage shall, at a minimum, be surfaced with gravel or other similar material, kept free of weeds and regularly maintained to ensure that dust does not become a nuisance.

      (6)   Screening. Outdoor storage areas shall be effectively screened from all adjacent residential districts, public parking areas and public streets as required below:

         A.   In a U-5 District, all aspects of outdoor operations including outdoor storage of goods and materials shall be surrounded with a solid wall or fence, including solid gates. The wall or fence shall have a height tall enough to conceal all materials therein from the view of any observer standing at the grade level at an abutting residential district line or a public street. However, in no case shall the height of the fence or wall be less than six feet.

         B.   The requirements in Section 1359.06(m)(6)A. above shall apply to outdoor storage in a U-6 District when the lot on which the outdoor storage is located is adjacent to or across the street from a residential district.

         C.   In a U-5 District, the Planning and Zoning Commission may increase the minimum height of required screening when it is determined that additional height is needed to effectively conceal all materials from view of any observer standing at grade level of an abutting residential district line or public street.

         D.   Alternative outdoor storage enclosures and screening provisions may be permitted as a conditional use at the discretion of the Planning and Zoning Commission.

   (n)   Outdoor Storage of Fleet Vehicles Used in Operation of Principal Use. Shall comply with Section 1389.14 .

   (o)   Retail Plant Nursery and Garden Supply Business.

      (1)   Outdoor display shall be limited to living plants in containers or balled and burlapped, and bulk supplies. All dead and diseased plants, empty tables and any other unutilized materials shall be immediately removed from outdoor areas.

      (2)   Storage and sale of firewood shall be a minimum of 30 feet from the property line of any residential use or district and 15 feet from the property line of any commercial use or district. The Fire Chief or his or her designee shall also review any proposed firewood storage or sale area and may request that the Planning and Zoning Commission place additional restrictions upon a specific installation.

      (3)   Firewood shall not be stored on bare ground or in any manner that promotes the harborage of rodents or pests.

      (4)   Maximum fence and/or evergreen hedge height shall conform with district limits, with the exception of property lines along rights-of-way, where the maximum height shall be six feet.

      (5)   All outdoor lighting shall be directed from periphery toward interior of site, and there shall be no direct light spillover to adjacent properties.

      (6)   Drainage from outdoor plant display areas shall be contained on the property and directed to storm drains.

      (7)   Spraying shall not create a hazard or nuisance to neighboring properties.

      (8)   Motorized equipment shall be limited to devices with noise levels conforming with Chapter 345 of the Codified Ordinances.

      (9)   Storage and sale of materials such as peat moss, sand, mulch and topsoil shall be permitted outdoors if the materials are in individual bags in a location approved by the Planning and Zoning Commission. Such storage shall be a minimum of 30 feet from the property line of any residential use or district and 15 feet from the property line of any commercial use or district. The Planning and Zoning Commission may also approve bulk storage and sale of such materials if the material is fully surrounded by walled bins. Unreasonable runoff, dust and other undesirable side effects from such outdoor storage shall be mitigated so as to not create a nuisance to neighboring properties. The area occupied by bulk storage shall not exceed 50% coverage of the lot area when located in a U-4 use district.

   (p)   Recreation Facility, Outdoor.

      (1)   The minimum lot size shall be two acres, and the minimum lot width shall be 200 feet.

      (2)   The Planning and Zoning Commission may require active recreation areas to be surrounded by a fence, which exceeds the requirements for fences in the applicable zoning district

      (3)   The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises. In order to minimize any effects of the above, the Planning and Zoning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District.

      (4)   Outdoor rifle ranges, skeet shooting ranges, pistol ranges, and other outdoor activities involving the use of firearms shall be prohibited.

      (5)   Delivery trucks shall not be used as refreshment stands, souvenir stands and/or concession stands.

      (6)   All activities, programs and other events shall be directly related to the conditional use permit so granted, and any proposed changes from the approved conditional use permit shall be reviewed and approved by the Planning and Zoning Commission according to the procedures in this section.

      (7)   An adequate number of public restrooms shall be provided and maintained.

      (8)   Vehicular approaches to the property shall be designed so as not to create an interference with traffic on surrounding public streets or roads.

      (9)   The Planning and Zoning Commission may limit the hours of operation to ensure that the proposed use is compatible with the surrounding uses.

      (10)   Only retail uses that are customary accessory and incidental to the principal use shall be permitted. Included as such retail uses are refreshment stands, souvenir stands, concession stands, and an office.

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

         A.   Pools shall be adequately fenced to prohibit unauthorized access to the facility.

         B.   Pools and their enclosures shall have a minimum front setback of 50 feet and a side and rear setback of 30 feet.

         C.   The enclosure required in division (p)(11)A. above shall be kept locked at all times the pool is not in use.

         D.   The Planning and Zoning Commission may limit the maximum lot coverage of related buildings and lounging/deck areas.

   (q)   Sales or Lease of New Automobiles and Small Trucks. Sales facilities operated exclusively within enclosed permanent buildings and located in U-5 or U-6 Use Districts are exempt from divisions (q)(1), (5), (6) and (7) below.

      (1)   Such facility shall have a minimum lot area of two acres and a minimum lot width of 200 feet.

      (2)   Sale of new automobiles means a building and land used by a franchised automobile dealer principally for the sale of new automobiles. The sale of used automobiles may be permitted as an accessory use provided the inventory of used automobiles does not exceed 50% of the overall inventory at any one time.

      (3)   Service garage, leasing department and other activities customarily incidental to a full service franchised automobile dealer shall be permitted as accessory to the sale of autos provided these activities are conducted in completely enclosed buildings.

      (4)   Only repair of automobiles customarily associated with automobile sales shall be permitted, and shall be conducted inside a completely enclosed building.

      (5)   The display of vehicles for sale shall be located on a paved surface and shall be setback a minimum of ten feet from any public right-of-way. The outdoor display area for vehicles shall comply with the side and rear building setback requirements set for the district in which the lot is located or shall be setback at least ten feet from side and rear lot lines, whichever is greater.

      (6)   No motor vehicle shall be displayed on the site within the required setback from the public street right-of-way and the setback shall remain properly landscaped with grass at all times. A barrier system as approved by the Architectural Review Board shall be installed between auto display areas and required landscape buffer areas.

      (7)   Lighting for all areas used for the outdoor display of automobiles shall be reviewed by the Planning and Zoning Commission to ensure that surrounding uses are not negatively impacted by the proposed site lighting.

   (r)   Sales or Lease of Used Automobiles, and the Sale or Rental of Trucks, Trailers and Boat Sales and Rental. Sales facilities operated exclusively within enclosed permanent buildings and located in U-5 or U-6 Use Districts are exempt from divisions (1), (2), (4), (5), (6), and (7) below.

      (1)   Such facility shall have a minimum lot area of two acres and a minimum lot width of 200 feet.

      (2)   Trucks shall not exceed three-quarter ton rated capacity.

      (3)   All work on vehicles, including but not limited to cleaning, servicing and repair, shall be done only inside a completely enclosed service building.

      (4)   The display of vehicles for sale shall be located on a paved surface and shall be setback a minimum of ten feet from any public right-of-way. The outdoor display area for vehicles shall comply with the side and rear building setback requirements set for the district in which the lot is located or shall be setback at least ten feet from side and rear lot lines, whichever is greater.

      (5)   No motor vehicle shall be displayed on the site within the required setback from the public street right-of-way and the setback are shall remain properly landscaped with grass at all times. A barrier system as approved by the Architectural Review Board shall be installed between auto display areas and required landscape buffer areas.

      (6)   Lighting for all areas used for the outdoor display of automobiles shall be reviewed by the Planning and Zoning Commission to ensure that surrounding uses are not negatively impacted by the proposed site lighting.

      (7)   Office space having a minimum floor area of 400 square feet shall be provided on the premises.

      (8)   All access drives (entrances and exits) shall be designed and located to not interfere with traffic flow on the adjacent streets.

   (s)   Mini/Self-Storage Facility, Indoor.

      (1)   All self-storage units shall prohibit the following:

         A.   The storage of flammable liquids or radioactive, highly combustible, explosive or hazardous materials.

         B.   The use of the storage units for any other purpose or use other than storage.

      (2)   The City Fire Department shall be provided 24-hour access to the grounds. A lockbox or similar mechanism shall be provided for its use.

      (3)   The facility shall be located on an arterial street.

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

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

      (6)   All storage shall be within a completely enclosed building.

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

   (t)   Tattoo or Branding Parlors, Body-Piercing Establishments, Pawn Shops, and Check Cashing Non-Chartered Financial Establishments. The City of Euclid has determined that for the health, safety and welfare of its residents, it is necessary to adopt reasonable regulations to prevent the adverse effects of the concentration or clustering of the following specific uses - tattoo or branding parlors, body-piercing establishments, pawn shops and non-chartered financial establishments - and to prevent the negative effects of these uses individually upon an area. These specific uses have been demonstrated to have a detrimental impact individually or when located in proximity to each other. Concentrations of these uses tend to have a deleterious effect upon the adjacent area and lead to increasing calls for service in response to crime.

         Regulation of these uses is necessary to ensure that the negative impacts will not cause or contribute to the blight or the downgrading of neighborhoods and businesses in proximity to these listed businesses.

         No lot or parcel of land or any building or structure thereon, shall be used for a business listed in this section at a location closer than specified below:

      (1)   One thousand five hundred feet from another business listed in this section.

      (2)   One thousand five hundred feet from a use listed below:

         A.   School property line (universities, community colleges, high schools, junior high schools, elementary and nursery schools).

         B.   State-licensed child care centers and/or large family day care facilities.

         C.   Hotels, motels, or lodging houses.

         D.   Indoor recreation facility, including, but not limited to, bowling alleys, skating rinks, community recreation facilities.

         E.   Any parcel zoned single-family residential.

   (u)   Medical Marijuana Dispensaries. Medical marijuana dispensaries shall be permitted as a conditional use in the U4, U5 and U6 districts when licensed by the State of Ohio in accordance with Chapter 3796 of the Ohio Administrative Code, provided that the medical marijuana cultivation or processing facility, or dispensary is located on an arterial street.

      (1)   No medical marijuana dispensaries may be established or operated within 1,000 feet of a school, church, public library, public playground, or public park in the City.

      (2)   No medical marijuana dispensary may be established, operated or enlarged within 1,000 feet of another medical marijuana dispensary.

      (3)   No medical marijuana dispensaries shall be located within 1,000 feet of a community addiction services provider as defined under Section 5119.01 of the Ohio Revised Code.

      (4)   No medical marijuana dispensaries shall be located within 1,000 feet of an adult family home or residential facility family home as defined under Section 1359.04(a) & (p) of the Zoning Code.

      (5)   Not more than one medical marijuana dispensary shall be established or operated in the same building, structure, or portion thereof.

      (6)   For the purpose of subsections (u)(1) through (4) of this section, measurement shall be made from the nearest portion of the building or structure used as the part of the premises where a medical marijuana dispensary is conducted, to the nearest property line of the premises of a medical marijuana dispensary or a school, church, public library, public playground, or public park.

      (7)   Design Guidelines for Medical Marijuana Dispensaries.

         A.   Parking for a medical marijuana dispensary 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 Section 1359.05(f) of the Zoning Code and be approved by the Architectural Review Board. Landscaping and screening shall be continuously maintained and promptly restored.

         B.   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.

         C.   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.

         D.   All exterior site and building lighting, which shall be provided, must be approved by the Architectural Board of Review pursuant to Section 1389.12(b)(2) of the Zoning Code, and such design shall minimize the intrusive effect of glare and illumination upon any abutting areas, especially residential.

         E.   Any medical marijuana dispensary adjacent to a residential district and/or use shall contain a six-foot-high solid fence along such abutting property lines and shall conform to the requirements of Chapter 1388 of the Zoning Code.

         F.   Rules, regulations and local permitting requirements imposed on a licensee by the City shall be interpreted in all instances to conform to the state licensing requirements for dispensaries, but in the event the City's rules, regulations and permitting requirements impose a greater obligation on a licensee than the state licensing requirements, the local provisions shall be enforced.

         G.   Applicants must meet any additional criteria and fulfill any additional requirements associated with obtaining a conditional use permit in the City. The City shall review all qualifying applications at a reasonable pace and level of review equivalent to other land use projects requiring a conditional use permit.

      (8)   Off-street parking for a medical marijuana dispensary shall be provided, pursuant to Chapter 1389 except that the Planning and Zoning Commission may require an off-street parking plan.

      (9)   Sign Regulations for Medical Marijuana Dispensaries.

         A.   All signs for a medical marijuana dispensary shall be wall signs or window signs as defined in Section 1390.03(c) and shall be constructed and located in conformance with all applicable provisions of Chapter 1390 of the Zoning Code. No sign advertising medical marijuana shall be illuminated at any time.

         B.   All signs for a medical marijuana dispensary shall be maintained in accordance with Section 1390.10 of the Zoning Code and may be ordered to be removed by the Zoning Commissioner or their designee in accordance with the provisions of that Section.

         C.   No merchandise or pictures of the products on the premises of a medical marijuana dispensary shall be displayed on signs, in window areas or any area where they can be viewed from the sidewalk or street in front of the building. No sign shall bear any image depicting or describing a marijuana leaf or the combustion of plant material, whether by means of display, decoration, sign, window or any other means.

         D.   All windows of a medical marijuana dispensary shall not be covered, obstructed, or made opaque in any way. A one-square-foot sign shall be placed on the door to state hours of operation.

         E.   Any advertising, marketing and/or signage not covered in this section shall conform to the requirements of Section 3796:6-3-24 of the Ohio Admin. Code.

      (10)   Hearing; Renewal; Revocation.

         A.   Notwithstanding anything in this chapter or section to the contrary, any conditional use permit application for a medical marijuana dispensary shall be heard by the Planning Commission and, if approved, shall expire 12 months from the date of issuance. Subsequent renewal of the conditional use permit may be made administratively by the Zoning Commissioner if no significant modifications to the conditions of the permit have been proposed and no violations have been determined. Violations may include, but are not limited to, legitimate loitering complaints, excessive police calls to the immediate vicinity, noise complaints, non-compliance with the terms of the conditional use permit, or non-compliance with other applicable state or local regulation. The licensee shall have a reasonable opportunity and time to cure the complaint or possible noncompliance as defined in this section before being subject to revocation or suspension.

         B.   Determination of administrative renewal is at the discretion of the Zoning Commissioner. Renewal applications must be submitted in writing at least 30 days prior to expiration of permit.

         C.   The conditional use permit for a medical marijuana dispensary is non-transferable.

         D.   Notwithstanding anything in this chapter or section to the contrary, any conditional use permit granted for a medical marijuana dispensary may be revoked by the Planning Commission after referral to the Planning Commission by the Zoning Commissioner and after a public hearing on whether violations have occurred or the spirit and intent of the conditional use permit has not been met. Notice of such hearing shall be sent to the licensee and to others pursuant to Section 1368.05 of the Zoning Code.

   (v)   Truck/Motor Freight Terminal. Transit Garage.

      (1)   The minimum lot size shall be three acres, and the minimum lot width shall be 200 feet.

      (2)   All drive lanes and maneuvering areas shall be constructed of a paved dust-free surface and provided with adequate drain systems to accommodate storm water.

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

      (4)   When the site is adjacent to a residential zoning district, a side and rear buffer area of 100 feet shall be maintained and shall be landscaped per plans approved by the Architectural Review Board.

      (5)   The facility shall be located on an arterial street.

      (6)   All vehicular access shall be provided via the arterial street and shall be designed so as not to create an interference with traffic on surrounding public streets.

      (7)   All truck parking, waiting, loading and stacking areas shall comply with the building setbacks for the district in which the facility is located or the requirements in this division, whichever is greater.

      (8)   All repair operations shall be conducted inside a principal or accessory building.

(Ord. 201-2008. Passed 10-6-08; Ord. 167-2012. Passed 11-5-12; Ord. 62-2014. Passed 6-2-14; Ord. 42-2017. Passed 4-17-17; Ord. 118-2017. Passed 10-16-17; Ord. 124-2021. Passed 10-18-21.)