1391.01 VARIANCES GRANTED; NOTICE; PUBLIC HEARINGS.
   (a)   The Planning and Zoning Commission, subject to the confirmation and approval of Council, may, after public notice and hearing and subject to such conditions and safeguards as the Planning and Zoning Commission may establish, grant the following variances in a U4, U5 or U6 Use District:
      (1)   Retail gasoline or oil station, as defined in Section 731.01 of the Business Regulation and Taxation Code, provided, however, that all washing and greasing facilities must be completely enclosed in a permanent-type building and that no alcoholic beverages are to be sold, given away, distributed or consumed on the premises;
      (2)   Mortuary or undertaking establishment;
      (3)   Use of the premises for the sale of intoxicating liquor, wine, beer or malt liquors, as defined in Ohio R.C. 4301.01, whether sold for consumption on or off the premises.
   (b)   In addition to the public notice required hereunder the Planning and Zoning Commission shall give each property owner adjacent to the premises upon which such variance is requested, fifteen days' notice of the public hearing required by this section by mailing such notice to their usual place of residence. However, this section shall not apply if the owners of the properties located adjacent to the premises upon which such variance is requested do not reside within the County. Furthermore, the Planning and Zoning Commission shall give fifteen days' notice by mail of such public hearing to all churches and schools located within 500 feet of the outer boundaries of the premises upon which such variance is requested.
   (c)   Should a variance created by this section be abandoned for a period of three months, such variance shall terminate.
(Ord. 4-1960. Passed 1-4-60; Ord. 215-1990. Passed 6-25-90.)