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 an accessory use in the U5 and U6 districts when located within a medical marijuana cultivation or processing facility licensed by the State of Ohio in accordance with Ohio R.C. Chapter 3796, provided that the medical marijuana cultivation or processing facility is located on an arterial street.
   (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.)