1135.09   PERMITTED USES; STANDARD INDUSTRIAL CLASSIFICATION MANUAL; ADOPTION BY REFERENCE.
   The permitted uses for each district are shown in the following schedule. The classification numbers refer to the classifications and their descriptions as found in the Standard Industrial Classification Manual of 1987 as prepared by the United States Government Office of Statistical Standards. The first two numbers denote a major grouping. The third number denotes the sub-grouping of the major groups and the fourth number denotes the particular activity in the sub-grouping. The schedule of permitted uses, described in the Standard Industrial Classification Manual of 1987, is hereby incorporated into the Codified Ordinances by reference, pursuant to Ohio R.C. 731.231, as fully as if set out at length herein; six copies of this Code are kept in the office of the Clerk; additional copies are available for purchase from the Clerk at cost and that schedule of uses as incorporated will not be affected by any amendments made to the Standard Industrial Classification Manual of 1987 after the effective date of Ordinance C79-74. The permitted uses are exclusive and noncumulative unless otherwise provided herein. All uses not shown herein shall be considered by the Planning Commission, and shall thereafter recommend approval or disapproval of the use to Council for final action.
(Ord. C34-05. Passed 4-18-05.)
   (a)   RESIDENTIAL AND PUD DISTRICTS (No Classification numbers used):
   In addition to the uses permitted in the A-1 Multi-Family, D-1 Doubles and Twin Singles, and D-2 Duplex Districts, any building or premise may be used or any building may be erected which is arranged, intended or designed to be used as doubles, twin singles or duplexes.
(Ord. C12-79. Passed 2-19-79.)
      SF1      Single-Family Residence
      SF2      Single-Family Residence
      SF3      Single-Family Residence
      R-1      Single-Family Residence
      R-1b      Single-Family Residence (not a sub-zoning of R-1)
      R-2      Single-Family Residence
      R-3      (modified)
      D-1      Doubles and Twin Singles and Duplex
      D-2      Zero Lot Line Doubles and Twin Singles
      A-1      Multi-Family
      A-2      Zero Lot Line Multi-Family
      A-1a
      PUD-R   Residential
      PUD-C   Commercial
      PUD-I      Industrial
      R-A      Rural (Agricultural)
      OLR      Office/Research/Laboratory
   All lots within an SF District shall comply to the minimum standards of Table 1135.10-1 and all structures shall comply with the following:
      (1)   All garages shall be end or rear load with the maximum of 900 square feet attached to the dwelling.
      (2)   All exterior surfaces shall be of natural material (brick, stone, stucco, wood) excluding the roof and overhangs.
(Ord. C9-82. Passed 3-15-92; Ord. C39-84. Passed 7-2-84; Ord. C14-87. Passed 3-16-87; Ord. C19-87. Passed 3-16-87; Ord. C1-88. Passed 2-1-88; Ord. C59-94. Passed 9-6-94; Ord. C58-19.  Passed 11-4-19.)
   (b)   NONRESIDENTIAL
      (1)   PSO PROFESSIONAL SERVICES
         64XX   Insurance Agents, Brokers and Services
         65XX   Real Estate (excluding Animal Cemetery Operation)
         66XX   Combinations of Real Estate Insurance, Loans, Law Offices
         7392   Business, management, administrative and consulting services
         7393   Detective agencies and protective services
         801X   Office of Physicians and Surgeons
         802X   Office of Dentists and Dental Surgeons
         803X   Office of Osteopathic Physicians
         804X   Office of Chiropractors
         81XX   Legal Services
         861X   Business Associations
         862X   Professional Membership Organizations
         891X   Engineering and Architectural Services
         893X   Accounting Auditing and Bookkeeping Services
         899X   Services, Not Elsewhere Classified
         723X   Beauty Shops
         724X   Barber Shops
(Ord. C79-74. Passed 1-20-75; Ord. C6-87. Passed 3-2-87.)
      (1.5)   OLR OFFICE LABORATORY RESEARCH
   Within the OLR Use District, no building or premises shall be used and no building shall be erected which are arranged or intended or designed to be used for other than an office/research use approved by Council or for one or more of the following specified uses:
         60XX   Depository Institutions (excluding those with drive-in facilities)
         61XX   Nondepository Credit Institutions
         62XX   Security and Commodity Brokers, Dealers, Exchanges and Services
         63XX   Insurance Carriers
         64XX   Insurance Agents, Brokers and Services
         65XX   Real Estate (excluding animal cemetery operation)
         67XX   Holding and Other Investment Offices
(Ord. C44-95. Passed 8-7-95.)
      (2)   C-1 SERVICE COMMERCIAL
         63XX   Insurance Carriers
         54XX   Food stores, except those with gasoline sales facilities
         56XX   Apparel and Accessory Store’s
         57XX   Furniture, Home Furnishings and Equipment Stores
         5812   Eating Places, excluding those with drive-in windows and drive-thru facilities
         59XX   Miscellaneous Retail Stores except Adult Bookstores and Adult Film Video Tape Sales and/or Rental Stores as restricted by Section 1135.12(j) of this chapter.
         60XX   Banking, excluding those with drive-in facilities
         61XX   Credit Agencies Other than Banks, excluding those with drive-in facilities
         62XX   Security and Commodity Brokers, Dealers, Exchanges and Services
         67XX   Holding and Other Investment Companies
         721X   Laundries, Laundry Services and Cleaning and Dyeing Plants (except 7216, 17, 18)
         723X   Beauty Shops, including shops providing microblading and permanent makeup services but excluding tattoo parlors
         724X   Barber Shops, including shops providing microblading and permanent makeup services but excluding tattoo parlors
               (Ord. C57-19.  Passed 11-4-19.)
         725X   Shoe Repair Shops, Shoe Shine Parlors, and Hat Cleaning Shops
         727X   Garment Pressing, Alteration and Repair
         73XX   Miscellaneous Business Services
         762X   Electrical Repair Shops
         763X   Watch, Clock and Jewelry Repair
      (3)   C-2 RETAIL COMMERCIAL
   Within a C-2 use district, no building or premises shall be used and no buildings shall be erected which are arranged or intended or designed to be used for other than a use permitted in PSO, Professional Services District, or C-1, Service Commercial District or for one or more of the following specified uses:
         0722   Offices of Veterinarians and Animal Hospitals (Excluding the boarding of animals not requiring medical services)
         52XX   Building Materials, Hardware, and Farm Equipment Dealers
         53XX   Retail Trade-general merchandise except Adult Bookstores and Adult Film and Video Tape Sales and/or Rental Stores as restricted by Section 1135.12(j) of this chapter
         5812   Eating places except those with drive-in windows and drive-thru facilities
         70XX   Hotels, Motels, Extended Stay Hotels, Camps and Other Lodging Places. Accommodations available for a fee except those accommodations requiring a Special Use Permit and only permitted in other specified districts
         726X   Funeral Service and Crematories
         769X   Miscellaneous Repair Shops and Related Services
         764X   Reupholsters and Furniture Repair
         78XX   Motion Picture except 7833 Drive-In Theaters and Adult Motion Picture Theaters as restricted by Section 1135.12(j) of this chapter
         79XX   Amusement and Recreational Services, except Motion Pictures and Adult Motion Picture as restricted by Section 1135.12(j) of this chapter and except 7992 (Golf Courses), 7997 (Country Clubs), 7948 (Race Tracks) and 7999 as it relates to Go Cart Raceway Operations and Miniature Golf Courses.
         - - -   Group Multi-Family Homes with accommodations for more than sixteen (16) individuals with a Special Use Permit
         824X   Miscellaneous Educational Services, except that construction equipment operation schools and all driving schools shall be limited to classroom education only.  (Ord. C60-12.  Passed 11-5-12.)
         8641   Fraternity or Sorority Houses with accommodations for more than sixteen (16) individuals with a Special Use Permit
         8299   Schools and Educational Services, not elsewhere classified, except that flying instruction shall be limited to classroom education only. (Ord. C60-12.  Passed 11-5-12.)
      (4)   CBD-CENTRAL BUSINESS DISTRICT
   Within the CBD district, no building or premises shall be used and no buildings shall be erected which are arranged or intended or designed to be used for other than a use permitted in a:
         PSO, Professional Services.
         C-1, Service Commercial.
         C-2, Retail Commercial District.
   Single-family residential use where the structure was originally intended or designed to be used for single-family residential.  (Ord. C41-11.  Passed 9-6-11.)
         2082   Malt beverages - Provided that the establishment also has on-site retail sales of the beverages.
         2083   Malt - Provided that the establishment also has on-site retail sales of the beverages.
         2084   Wines, brandy and brandy spirits - Provided that the establishment also has on- site retail sales of the beverages.  (Ord. C60-11.  Passed 11-21-11.)
         8231   Libraries.
         8412   Museums and art galleries.
         91XX   Executive, legislative, and general government, except finance.
         92XX   Justice, public order, and safety. (Ord. C26-15. Passed 4-20-15.)
      (5)   M-1 MEDICAL
         80XX   Medical and Other Health Services
         867X   Charitable Organizations
      (6)   SD-1 EDUCATIONAL
         82XX   Educational Services
         84XX   Museums, Art Galleries, Botanical and Zoological Gardens
         866X   Religious Organizations
         892X   Nonprofit Educational and Scientific Research Agencies
      (7)   SD-2 SERVICE
         863X   Labor Unions and Similar Labor Organizations
         864X   Civic, Social and Fraternal Associations
         865X   Political Organizations
         869X   Nonprofit Membership Organizations Not Elsewhere Classified
      (8)   SD-3 RECREATIONAL FACILITIES
         78XX   Motion Pictures except Adult Motion Pictures as restricted by Section 1135.12(j) of this chapter
         79XX   Amusement and Recreation Services, Except Motion Pictures and Adult Motion Picture Theaters and Adult Bookstores as restricted by Section 1135.12(j) of this chapter
         Parks, recreation fields, playgrounds and other civic/public uses
         Municipal or other public administrative facilities (Ord. C75-16.  Passed 09-19-16.)
      (9)   SD-4 MISCELLANEOUS
         49XX   Electric, Gas and Sanitary Services
         48XX   Communication
         2833   Medicinal Chemicals and Botanical Products
         2834   Pharmaceutical Preparations
         2891   Adhesives and Sealants
         07XX   Agricultural Services, Except Animal Husbandry and Horticultural Services (except 0719)
      (10)   IND-1 LIGHT INDUSTRY
         15XX   Building Construction - General Contractors
         16XX   Construction Other Than Building Construction - General Contractors
         17XX   Construction - Special Trade Contractors
         4215   Courier Services, except by air
         422X   Public Warehousing and Storage
         47XX   Transportation Services (except 473, 474)
         50XX   Wholesale Trade (except 5052, 5093)
         202X   Dairy Products
         205X   Bakery Products
         2064   Candy and Other Confectionery Products
         2066   Chocolate and Cocoa Products
         2067   Chewing Gum
         2068   Salted Nuts and Seeds
         208X   Beverages
         25XX   Furniture and Fixtures
         27XX   Printing, Publishing and Allied Industries
         3594   Fluid Power Pumps and Motors
         3674   Semiconductors and Related Devices
         3713   Truck and Bus Bodies
         3714   Motor Vehicle Parts and Accessories (Ord. C92-16.  Passed 11-21-16.)
         38XX   Professional, Scientific, and Controlling Instruments; Photographic and Optical Goods; Watches and Clocks
         39XX   Miscellaneous Manufacturing Industries
         7216   Dry Cleaning and Dyeing Plants, except Rug Cleaners
         7217   Rug Cleaning and Repairing Plants
         7218   Industrial Launderers
         8731   Research and Development, Physical and Biological: Commercial
         8734   Testing Laboratories
      (11)   IND-2 HEAVY INDUSTRY
   Within an IND-2 use district, no building or premises shall be used and no buildings shall be erected which are arranged or intended or designed to be used for other than a use permitted in IND-1, Light Industry, or for one or more of the following specified uses:
         203X   Canned and Preserved Fruit, Vegetable and Sea Foods
         204X   Grain Mill Products (except 2047, 2048)
         209X   Miscellaneous Food Preparation and Kindred Products
         22XX   Textile Mill Products
         23XX   Apparel and Other Finished Products made from Fabrics and Similar Materials
         24XX   Lumber and Wood Products (except 241X)
         26XX   Paper and Allied Products (except 2611, 2621, 2631)
         30XX   Rubber and Miscellaneous Plastic Products
         31XX   Leather and Leather Products (except 3111)
         32XX   Stone, Clay, Glass and Concrete Products
         33XX   Primary Metal Industries (except 3312)
         34XX   Fabricated Metal Products, Except Ordnance, Machinery and Transportation Equipment
         35XX   Machinery, Except Electrical
         36XX   Electrical Machinery, Equipment and Supplies
         37XX   Transportation Equipment (except 374X)
(Ord. C37-95, Passed 7-5-95)
      (11.5)   IND-3 TRANSPORTATION INDUSTRY
         4011   Railroad Line-Haul Operating
         4013   Switching and Terminal Establishments
         4111   Local and Suburban Transit
         4119   Local Passenger Transportation
         4121   Taxicabs
         4141   Local Bus Charter Service
         4142   Bus Charter Service - not local
         4151   School Buses
         4173   Terminal and Service Facilities for Motor Vehicle Passenger Transportation
         4212   Local Trucking Without Storage
         4213   Trucking, except local
         4214   Local Trucking with Storage
         4231   Terminal and Joint Maintenance Facilities for Motor Freight Transportation
(Ord. C2-88. Passed 2-1-88.)
      (11.75)   CF COMMUNITY FACILITIES
         (a)   Within the CF District buildings or lands shall be utilized only for the uses set forth below:
            (1)   Municipal or other public administrative buildings.
            (2)   Memorials, monuments, cemeteries
            (3)   Police and/or fire stations
            (4)   Telephone stations
            (5)   Radio and TV antennas and antenna towers, subject to the requirements of Section 1137.15
            (6)   Parks subject to the requirements of Section 1137.14, recreation fields and playgrounds.
         (b)   In addition to the material required for application for a zoning amendment, an area development plan shall be submitted for any land proposed to be zoned into the CF District. Such development plan shall include a site plan for the proposed facility, as well as any other information deemed necessary to determine compliance with this Zoning Code. The development plan shall be reviewed by the Planning Commission and considered in making its recommendation to Council. The Commission may hold a public hearing on the development plan. Criteria for reviewing a development plan for a public facility are as follows:
            (1)   The proposed building or use shall be located properly in accordance with the Zoning Code.
            (2)   The location, design and operation of the public facility shall cause minimum impact on surrounding residential neighborhoods.
            (3)   The proposed development shall comply with all parking, landscaping and signage requirements of the Zoning Code.
         (c)   In approving the redistricting of land into the CF District, Council may specify appropriate conditions and safeguards applying to the specific proposed facility.
(Ord. C69-89. Passed 10-16-89.)
      (12)   SPECIAL USE PERMITS.
         A.   An applicant requesting a Special Use Permit shall file a request for a hearing before the Planning Commission.  In order to be heard by Planning Commission, a fee of $100, payable to the City for deposit in the General Fund, shall accompany the request.  This fee is for the purpose of defraying the costs of plan review, legal, legislation, notices, official publications required by the City and any other incurred costs and shall not be refundable even though the application is disapproved by the Planning Commission or Council. The Commission, after hearing and consideration of such request, shall forward its findings and recommendations to Council for final approval or disapproval, by ordinance, of the request.
(Ord. C17-85. Passed 3-18-85; Ord. C49-01.  Passed 8-6-01; Ord. C27-03.  Passed 4-21-03.)
            1.   Within the City, no buildings or premises shall be used and no buildings shall be erected which are arranged, intended or designed to be used for the following specified uses except in a C-1, C-2, IND-1, IND-2, IND-3, CBD, PUD-C or PUD-I use district, except as noted below, and with a Special Use Permit:
               a.   Adult Bookstore/Adult Novelty Store, and as stipulated in subsection G.5. hereof.  (Ord. C24-06.  Passed 5-1-06; Ord. C58-09.  Passed 9-8-09.)
               b.   Adult Motion Picture Theater, and as stipulated in subsection G.5. hereof.  (Ord. C58-09.  Passed 9-8-09.)
               c.   Adult Film and Video Tape Sales and/or Rental Store, and as stipulated in subsection G.5. hereof.  (Ord. C58-09.  Passed 9-8-09.)
               d.   Adult Entertainment Establishments, and as stipulated in subsection  G.5. hereof.  (Ord. C24-06.  Passed 5-1-06; Ord. C58-09.  Passed 9-8-09.)
               e.   Automotive Dealers.
               f.   Automobile and other motor vehicle repair, services and garages.
               g.   Dealers in new and used motorcycle, motorized bicycle, and tricycle and off-road motorized recreational vehicles (not exceeding 10 foot in length and not including motor homes), snowmobiles and their parts and accessories and including repair services thereto.
               h.   Gasoline Service Stations as defined by the Standard Industrial Classification Manual, 1987, and as stipulated in subsection G.1. hereof. (Ord. C58-09.  Passed 9-8-09.)
               i.   Car wash establishments.
               j.   Uses with drive-in windows or drive-thru facilities as stipulated in subsection G.2. hereof.  (Ord. C58-09.  Passed 9-8-09.)
               k.   Pet shops for the selling, grooming or training of animals except boarding of animals overnight or for longer periods of time.
               l.   Dog Kennels.
               m.   Catteries.
               n.   Outdoor concerts, in compliance with the provisions of Chapter 729.
               o.   Sale, rental, barter or trade of weapons and/or explosives as defined in Ohio R.C. 2923.11 and as stipulated in subsection G. hereof.  (Ord. C3-96.  Passed 2-5-96.)
               p.   Day care centers (Ord. C73-00. Passed 9-5-00.)
               q.   Mini/self storage units, and as stipulated in subsection G.4. hereof.  (Ord. C27-03.  Passed 4-21-03; Ord. C58-09.  Passed 9-8-09.)
               r.   Outdoor sales, storage, display and as stipulated in subsection G. hereof. (Ord. C27-03.  Passed 4-21-03.)
            1.   Temporary seasonal sales lasting not more than 30 days shall be exempt from this provision with the issuance of a Peddler’s Permit.  (Ord. C68-11.  Passed 12-19-11.)
               s.   Outdoor seating associated with eating and drinking establishments. (Ord. C27-03.  Passed 4-21-03.)
            2.   Within the City, no building or premises shall be used and no buildings shall be erected which are arranged, intended or designed to be used for the following specified uses except in the district specified below and with a Special use Permit:
               a.   Boarding houses - In all SF and R Districts in compliance with all of the requirements set forth in subsection G.9. below.
               b.   Bed and breakfast inns - In all SF and R Districts in compliance with all requirements set forth in subsection G.9. below.
               c.   Group family homes - In all SF and R Districts in compliance with all of the requirements of subsection G.6. below.
               d.   Group multi-family homes for up to 16 individuals - In all A Districts in compliance with all of the requirements set forth in subsection G.6. below.
               e.   Group multi-family homes for more than 16 individuals - In the C-2 District in compliance with all of the requirements set forth in subsection G.6. below.
               f.   Fraternity and sorority houses for up to 16 individuals - In all A Districts in compliance with all of the requirements set forth in subsection G.9. below.
               g.   Fraternity and sorority houses for more than 16 individuals - In the C-2 District in compliance with all of the requirements set forth in subsection G.9. below.
            3.   A Special Use Permit, issued according to the provisions of the Zoning Code, shall be required for any radio and/or television antenna or antenna tower erected within the City.  Such antenna or antenna tower shall be located only in an IND-1, IND-2, IND-3, CF or SD-4 District.  (Ord. C58-09.  Passed 9-8-09.)
         B.   Standards and Requirements. In review of a special use permit application the Planning Commission shall consider whether the application is complete and whether it provides adequate evidence that the proposed special use is consistent with the following standards:
            1.   The proposed use shall be in harmony with the existing or intended character of the district and nearby affected districts and shall not change the essential character of the districts;
            2.   The proposed use shall not adversely affect the use of adjacent property;
            3.   The proposed use shall not adversely affect the health, safety, morals, or welfare of persons residing or working in the neighborhood;
            4.   The proposed use shall be served adequately by public facilities and services such as, but not limited to, roads, police and fire protection, storm water facilities, water, sanitary sewer, and school;
            5.   The proposed use shall not impose a traffic impact upon the public right-of- way significantly different from that anticipated from permitted uses of the district;
            6.   The proposed use shall be in accord with the general and specific objectives, and the purpose and intent of this Zoning Code and the Land Use Plan and any other plans and ordinances of the City;
            7.   The proposed use complies with the applicable specific provisions and standards of this Code;
            8.   The proposed use shall be found to meet the definition and intent of a use specifically listed as a special use in the district in which it is proposed to be located.
            9.   A completed application indicating the Specific Special Use permit activity intended by the applicant shall be submitted to the Department of Development by the Council approved submittal dates.
         C.   Application Process.  Any owner, agent of the owner, or lessee of a lot for which a Special Use Permit is proposed shall submit an application to the Planning Commission and Council.  An application for a Special Use Permit shall be submitted in writing on forms provided by the Development Department and shall include the following:
            1.   Completed application form;
            2.   Name, address, and phone number of the lot owner and of the owner's designated agent;
            3.   Legal description of the lot;
            4.   Zoning classification of the lot;
            5.   Description of the existing use of the lot and of adjacent lots; A plan of the proposed site and improvements showing the proposed of all structures, parking and loading areas, streets and traffic accesses, open spaces, refuse and service areas, utilities, signs, yards, landscaping, and relevant features;
            6.   The application shall also include a description of the activities proposed on the site, including the goods and services, hours of operation, anticipated number of employees, nature and volume of delivery activity, and other information which will enable the Planning Commission to understand the nature of the proposed use and its potential impacts. Furthermore, the narrative shall discuss the effects on adjoining lots of such elements as traffic circulation, noise, glare, odor, fumes, vibration, and storm water, and any measures proposed to mitigate such effects;
            7.   Such other information as the Planning Commission or Council deems necessary to make a determination of the compliance of the proposed use with the applicable standards and regulations. Such additional information may include, but shall not be limited to:
               a.   Traffic impact analysis;
               b.   Storm water impact analysis;
               c.   Utility impact analysis.
            8.   The Planning Commission may determine that additional studies or expert advice are necessary to evaluate a proposed special exception relative to the requirements of this Code. The Planning Commission shall advise the applicant if such studies or advice are required. The Planning Commission shall determine whether to accept he required studies as prepared by qualified professionals engaged by the applicant or to require the applicant to deposit funds with the City as required to pay for such studies.
         D.   Action by the Planning Commission.
            1.   The Planning Commission may request additional information it deems necessary to review the application for conformance with the standards and requirements applicable to the proposed Special Use Permit.
            2.   The Planning Commission shall act upon the application within sixty (60) days after submittal unless a continuance of review is requested by the applicant.  The Commission shall, after review of the application and any additional information presented, take action to:
               a.   Recommend approval, approval with modifications, or denial to Council of the Special Use Permit, based upon findings of compliance with the standards and requirements of this Code and subject to conditions established by the Planning Commission to ensure compliance with the letter and intent of this Code.
         E.   Conditions of Approval.  In approving a Special Use Permit, the Planning Commission may impose such conditions as it deems necessary to protect the public welfare, preserve the purpose and intent of this section, to protect the character of the surrounding properties and neighborhood affected by the proposed use, and to mitigate the special impacts of the use. Such conditions may include, but shall not be limited to:
            1.   Locations, setbacks, and configurations of structures and of uses of interior and exterior space;
            2.   Screening comprised of landscaping, walls, fencing or other materials or construction;
            3.   Access points and traffic management provisions, including those impacting vehicular and pedestrian access, and the locations and design of parking facilities;
            4.   Noise control measures, including those regulating loudspeakers or irregular vehicular or equipment noise;
            5.   Other features of construction, including but not limited to paving and parking, signs, and landscaping;
            6.   Hours and methods of operation;
            7.   Maintenance of the site, structures, and landscaping;
            8.   Means of controlling glare, vibration, odors, dust, smoke, hazardous materials, refuse matter, water-carried waste, and storm water;
            9.   A time limit for operation of the use, if temporary operation is determined to be a typical characteristic or the proposed use or otherwise appropriate given unique circumstances of the proposed use.
         F.   Approval, Revocation and Amendment of a Special Use Permit.
            1.   Approval. Subsequent to approval by the Planning Commission, and compliance with all applicable conditions of such approval and of this Zoning Code, Council may approve a Special Use Permit with conditions as part of the approval process.
            2.   Revocation. Approval of a Special Use Permit shall become null and void if:
               a.   The applicant does not commence the construction or operation of the special use activity within six (6) months of the date of the approval; or
               b.   When the activity for which the Special Use Permit was approved for ceases for a period of six (6) months; or
               c.   When the characteristic equipment an d furnishing of the special use have been removed from the premises and have not been replaced by similar equipment within ninety (90) days, unless other facts show intention to resume the special use; or
               d.   There is activity that violates any condition(s) of the approval.
               e.   When such special use has been replaced by a conforming use.
      The Chief Building and Zoning Official shall notify the property owner if a special use is determined to be operating in violation of any condition of its approval. The property owner shall discontinue such violation upon receipt of the notice.
            3.   Amendment of Conditions.  The owner of a property for which a Special Use Permit has been approved may request amendment of the conditions of approval. Amendment shall be accomplished according to the procedures, requirements, and standards of this ordinance applicable to approval of a new Special Use Permit.
         G.   Supplementary Requirements.  In addition to the other requirements of this chapter, the following requirements shall be met. The Planning Commission and Council may vary any requirements it determines to be an unnecessary hardship on the property owner and in the best interest of the City.
            1.   Gasoline station, alternative fuel station and automotive repair shops. In addition to the provisions found in B. of this section, the following regulations shall apply:
               a.   Parking of employee vehicles, vehicles used in the operation of the business, vehicles awaiting servicing or return to customers after servicing, and vehicles held for disposal shall only be permitted in the locations approved on the site plan.
               b.   Vehicle sales, rental, or leasing shall not be permitted on the site unless specifically approved.
               c.   Outdoor repair, preparation, cleaning, assembly, disassembly, of vehicles shall not be permitted unless the nature and location of such activity is specifically identified in the application and approved by the Board. Retail sales of products other than vehicular fuels shall be permitted only within an enclosed structure, which shall comply with all provisions of the district, including requirements for parking. Outdoor display, storage, or sale of good shall not be permitted on the site unless specifically approved as a condition of the Special Use Permit and in conformance with the supplementary standard for outdoor display, storage, and sale, temporary outdoor storage of discarded materials, vehicle parts, scrap and other waste prior to collection shall only be permitted within a storage area completely surrounded by a gated masonry wall six (6) feet in height or other screening approved by the Planning Commission. Such screening shall be set back from residential districts at least six (6) feet and landscaped according to the approved site plan.
               d.   Fuel pumps and canopies shall conform to all requirements of this section with regard to height, setbacks, and signs.
               e.   Air compressor pumps (e.g., for tire inflation) and other outdoor equipment shall be identified on the site plan and shall be located in a manner which minimizes noise impacts on residential areas.
            2.   Drive-thru service. In addition to the provisions found in B. of this section, the following regulations shall apply:
               a.   Loudspeakers shall be located and designed, with volume and hours of operation controlled, in a manner to minimize noise impacts on nearby residential uses.
               b.   Lanes required for vehicle access to and waiting for use of a drive thru facility shall be designed to have sufficient length to accommodate the peak number of vehicles projected to use the facility at any one time, to provide escape/abort lanes for vehicles desiring to leave the stacking lanes or to avoid disabled vehicles, and to minimize impacts on the use of other required parking or drives or on the use of abutting streets and hazards to pedestrians. The applicant shall provide a traffic study which documents to the satisfaction of the Planning Commission the projected vehicular use of the proposed facilities and evidence of compliance with the provisions of this Zoning Ordinance.
               c.   The Planning Commission may impose restrictions on the hours of operation in order to reduce inappropriate impacts on abutting uses and on street traffic and to ensure compatibility with normal vehicular activity in the district.
               d.   The applicant shall so design the site plan or otherwise provide assurances as to reduce the impacts of lighting, litter, noise, and exhaust resulting from the facility, especially impacts on nearby residential uses.
            3.   Outdoor sales, storage, display.  In addition to the provisions found in B. of this section, the following regulations shall apply:
               a.   Outdoor sales, storage, or display shall only be permitted in areas identified on the approved site plan. No such activity shall be located closer than fifty feet to a residential zoning district boundary or road right- of-way abutting any residential zoning district or within ten feet of any road right-of-way. Such activities shall not occupy any required parking area or driveway;
               b.   Any outdoor sales, storage, or display area located closer than one hundred feet to a residential district shall, if determined to be visible from such district, be screened by a landscape buffer strip or other means indicated on the approved site plan;
               c.   Illumination of outdoor sales, storage, or display areas shall be designed to prevent glare or direct light from the illumination source into residential areas;
               d.   Outdoor displays shall be maintained in a neat and orderly fashion;
               e.   Signage for outdoor stales or displays shall comply with Chapter 1145 or if located in the H.P.A., Chapter 1138;
               f.   The site plan submitted with an application for a Special Use Permit shall indicate the types of merchandise to be displayed and, if applicable, any seasonal changes of display;
            4.   Mini/Self storage facility. In addition to the provisions found in B. of this section, the following regulations shall apply:
               a.   All storage shall be within an enclosed building unless the nature and location of outdoor storage has been specifically approved by Council in conformance with the supplementary regulations for outdoor sales, storage, or display;
               b.   Loading and unloading areas shall be paved and shall be located only as approved by Council;
               c.   A minimum of five parking spaces shall be provided near the leasing office. Sufficient space shall be provided in the paved lanes serving the storage units to accommodate on-site movement of vehicles and the parking and loading/unloading of the trucks, vans, trailers, and automobiles of persons using the units;
               d.   An on-site leasing office shall be provided;
               e.   Fencing of the perimeter shall be provided as determined by the Planning Commission in a manner which promotes security and presents an appropriate appearance to abutting properties;
               f.   Storage facilities shall maintain not less than the minimum building, fire, health and safety standards of the State of Ohio and the City and the regulations applicable to such facilities. The facility shall provide an approved emergency alert system with a dedicated telephone line monitored by an independent agency. No storage facility shall be occupied until a certificate of occupancy has been issued by the City. The facility shall be subject to inspection as provided by Section 1511.09 of the Codified Ordinances;
               g.   Door openings facing residential areas shall not be permitted unless approved by the Council;
               h.   Activities on the site shall be limited to the storage of property only. Other activities, such as the operation of tools, rummage sales, temporary residency, shall be prohibited;
               i.   Hours of operation shall only be as approved by the Council, after consideration of the impact of the proposed use upon the character, safety, and tranquility of the neighborhood.
            5.   Adult bookstore/adult novelty store, adult motion picture theater, adult video store, adult entertainment establishments. In addition to the provisions found in subsection B. of this section, the following regulations shall apply:
               a.   No such special use shall be conducted within one thousand (1,000) feet of the property line of any church, day care facility, public or private school, library, public park lands, or any premises that sell or distribute alcoholic beverages. (Ord. C24-06.  Passed 5-1-06.)
            6.   Group Family Home and Group Multi-Family Home.
               a.   Purposes: The purpose of this subsection G.6. is to promote a greater choice of noninstitutional housing opportunities for potential facility residents; to avoid a high concentration of care facilities; to establish the suitability of the requested use at the proposed location; and to protect the health, safety and welfare of this community.
               b.   Special Use Permits - Group Family Homes and Group Multi-Family Homes are permitted in the districts identified in Section 1135.09(b)(12)A. only if such uses comply with the approval procedures relating to special use permits as specified in Section 1135.09(b)(12).  A special use permit shall not be required for any facility that is licensed as an “adult care facility” under ORC Chapter 3722.
               c.   Compliance - Group Family Homes and Group Multi-Family Homes shall comply with the following conditions:
                  1.   Licensing: Group family homes or group multi-family homes shall not be permitted to be constructed or operated until the owner, agency, organization or institution owning, operating or supervising such facilities shows to the satisfaction of the Planning Commission that the facility and its operation complies with all licensing requirements of the appropriate state agency.
                  2.   Building, Fire, Health and Safety Standards: Each group family home or group multi-family home shall maintain not less than the minimum building, fire, health and safety standards of the State of Ohio and the City and the regulations applicable to such facilities.  Each group family home or group multi-family home shall provide an approved emergency alert system with a dedicated telephone line monitored by an independent agency.  No group family home or group multi-family home shall be occupied until a certificate of occupancy has been issued by the City. The facility shall be subject to inspection as provided by Section 1511.09 of the Codified Ordinances.
                  3.   Dispersal: In order to prevent the creation of a defacto social services district and to avoid unreasonable concentration of group family homes or group multi-family homes, the city and the Planning Commission shall exercise care to assure such facilities do not exceed the limited capacity of this community's existing social structure to accommodate such facilities and to avoid an over concentration which may inadvertently recreate an institutional setting.  No group family home or group multi-family home shall be permitted if it is determined that the establishing of a new facility or the expansion of an existing facility would  increase the number of persons living in a group care facility to a number exceeding .15 percent of the entire population of the City as determined by the most recent United States Bureau of Census figures.  No group family home or group multi-family home shall be located within five hundred feet of another such facility.
                  4.   Notice: Before the approval of a group family home or group multi- family home is granted by a Special Use Permit ordinance, Council shall hold a public hearing thereon and written notice of such public hearing shall be mailed by the Clerk of Council by regular mail at least thirty days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such planned facility to the addresses of such owners appearing on the County Auditor's current tax list or the County Treasurer's mailing list as supplied by the applicant for such permit. However, the failure of delivery of such notice shall not invalidate any such ordinance.
                  5.   Penalty: See Section 1131.99 for the general Zoning Code penalty.
(Ord. C80-86. Passed 12-15-86; Ord. C78-08.  Passed 8-4-08.)
            7.   No permit for the sale, rental, bartering or trading of weapons and/or explosives shall be granted unless:
               a.   It shall be a minimum of five hundred feet from a residential district;
               b.   It shall be a minimum of fifty feet from a business or structure that is used to store, sell or distribute any flammable material as defined in Section F 201 of the Ohio Fire Code;
               c.   It shall be located in a building with no other use; and
               d.   The building shall be separated from any other structure by a distance of no less than thirty feet and no closer to any abutting lot than six feet.
(Ord. C31-92. Passed 5-14-92; Ord. C34-93. Passed 5-3-93.)
            8.   Boarding House, Bed and Breakfast Inn and Fraternity or Sorority House Uses.
               a.   Purposes:  The purpose of this subsection is to establish the suitability of the requested use at the proposed location and to protect the health, safety and welfare of this community.
               b.   Special Use Permits:  Boarding houses, bed and breakfast inns, and fraternity and sorority houses are permitted in the districts identified in Section 1135.09(b)(12)A. only if such uses comply with the approval procedures relating to Special Use Permits as specified in Section 1135.09(b)(12) and in addition complies with the following conditions:
                  1.   Licensing:  Boarding houses, bed and breakfast inns, and fraternity or sorority houses shall not be permitted to be constructed or operated until the owner, agency, organization or institution owning, operating or supervising such facility shows to the satisfaction of the Planning Commission that the facility and its operation complies with all licensing requirements of the appropriate State agency, if any.
                  2.   Building, fire, health and safety standards:  Each boarding house, bed and breakfast inn, and fraternity or sorority house shall maintain not less than the minimum building, fire health and safety standards of the State of Ohio and the City and the regulations applicable to such facility.  No boarding house, bed and breakfast inn, and fraternity or sorority house shall be occupied until a Certificate of Occupancy has been issued by the City.  The facility shall be subject to inspections as provided by Section 1511.09 of this code.
                  3.   Notice:  Before the approval of a boarding house, bed and breakfast inn, or fraternity or sorority house is granted by a Special Use Permit ordinance, Council shall hold a public hearing thereon and written notice of such public hearing shall be mailed by the Clerk of Council by regular mail at least thirty (30) days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such planned facility to the addresses of such owners appearing on the County Auditor’s current tax list or the County Treasurer’s mailing list as supplied by the applicant for such permit.  However, failure of delivery of such notice shall not invalidate any such ordinance.
                  4.   Penalty:  See Section 1131.99 for the general Zoning Code Penalty.
(Ord. C58-09.  Passed 9-8-09.)
      (13)   ABANDONMENT OF SPECIAL USE. (Editor's note: Division (13) Abandonment of Special Use, was repealed by Ord. C27-03, passed 4-21-03.)
      (14)   HISTORICAL PRESERVATION AREA.
   Properties facing on Broadway from Southwest Boulevard south to approximately 341 feet south of Woodlawn Avenue, from the Baltimore and Ohio Railroad tracks east to Haughn Road on Park Street and from Broadway east to Haughn Road on Columbus Street are hereby declared to be the Historical Preservation Area.
         A.   Within these designated areas, there shall be no parking areas established or parking of motor vehicles between the street right-of-way and the building set-back line.
         B.   Existing driveways and parking areas legally constructed in accordance with the City's ordinances and Codified Ordinances prior to the effective date of this subsection are excepted from subsection A. hereof.
         C.   Where there is a change of use, occupancy or occupant of an existing building with a parking area between the street and building set-back line, the new user or occupant shall conform to Chapter 1136.
         D.   Plans for all new construction of buildings, parking areas, building rehabilitation, remodeling, exterior alteration or modification within this designated area shall be submitted to the Planning Commission and approved by Council, unless otherwise provided in Chapter 1138. All plans shall be based on criteria defined by the Commission and Council.  (Ord. C49-10.  Passed 8-16-10.)
         E.   The erection or parking of temporary structures, including but not limited to, trailers, tents, shelters, lean-tos, or stands shall be prohibited in the area between the street right-of-way and the building set-back line.
      (15)   CULTIVATION, PROCESSING, OR RETAIL DISPENSING OF MEDICAL MARIJUANA PROHIBITED IN ALL DISTRICTS.
         A.   The cultivation, processing, or retail dispensing of medical marijuana shall be a prohibited use in all zoning districts within the City of Grove City.
         B.   Use of property in violation of this section shall constitute a nuisance.
         C.   In addition to other penalties provided by law, the Director of Law shall be authorized to institute civil proceedings in a court of competent jurisdiction to enjoin violations of this Section; for monetary damages arising from violations of this Section; and to take all actions necessary to secure enforcement of any injunction and collect upon any damage award, judgment, or fine in contempt levied in relation to a violation of this Section. (Ord. C46-17.  Passed 9-18-17.)
(Ord. C59-86. Passed 9-15-86; Ord. C38-04. Passed 5-3-04; Ord. C09-05. Passed 2-22-05; Ord. C24-06. Passed 5-1-06; Ord. C78-08. Passed 8-4-08.)