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(a) 24-Hour Operation - means a store or any other place of business operating consecutively for twenty-four (24) hours.
(b) Any store or other place of business, including but not limited to all permitted or conditionally permitted uses in the C1 Office, C2 Retail, C3 General Business, and C4 Public School District outlined in Section 1129.02 herein, having an entrance, exit, parking lot, loading dock, trash enclosure, or show window within 250 feet of any single-family, two-family, or multiple-family residential district, shall only be permitted 24-hour operation as a conditionally permitted use.
(Ord. 87-04. Passed 11-1-2004.)
(c) Any store or other place of business which is subject to regulation pursuant to subsection (a) above and is also operating under a valid permit to sell or serve alcoholic beverages, as issued by the State of Ohio pursuant to Title 43 of the Ohio Revised Code, shall be exempt from the provisions of this Chapter only to the extent necessary to avoid conflict between the regulations herein and State law governing such liquor permit holders, provided further that nothing in the provisions of the Chapter shall be construed to sanction or permit the sale or service of alcoholic beverages in violation of State law.
(d) For purposes of this Chapter, the terms “store or other place of business” shall not be construed to include hospitals and emergency medical centers, regardless of their location in relation to any residential district, and are therefore exempt from the provisions of this Chapter.
(e) A conditionally permitted 24-hour operation shall comply with the regulations set forth within this Chapter and those in Chapter 1161.
(f) When a request for a conditional use is applied for under the provisions of this section, notice indicating the time, place and subject of the Planning Commission public hearing held pursuant to subsection 1171.03(f) shall be sent by regular mail to the owners of all properties within a minimum of a 500 foot radius of the subject property. Such conditional use request shall also be subject to the notice procedures as set forth in subsection 1173.02(c).
(Ord. 40-00. Passed 7-17-2000.)
Conditions applicable to certain businesses carrying adult media.
(a) Applicability: This section shall apply to any book store, media store, or video store, in which adult media constitutes more than ten percent (10%) but not more than forty percent (40%) of the stock in trade, or where adult media occupies more than ten percent (10%) but not more than forty percent (40%) of the gross public floor area.
(b) Prohibition of Public Display: The owner or operator of a store to which this section is applicable shall have the affirmative duty to prevent the public display of adult media at or within the portion of the business open to the general public.
(c) Display of Adult Media: Adult media in a store shall be kept in a separate room or section of the store, which room or section shall:
(1) Not be open to any person under the age of eighteen (18);
(2) Be physically and visually separated from the rest of the store by an opaque wall of durable material, reaching at least eight (8) feet high or to the ceiling, whichever is less;
(3) Be located so that the entrance to it is as far as reasonably practicable from media or other inventory in the store likely to be of particular interest to children; and
(4) Have access controlled by electronic or other means to provide assurance that persons under age eighteen (18) will not gain admission and that the general public will not accidentally enter such room or section.
(Ord. 25-01. Passed 7-2-2001.)
(a) Any store or other place of business, including but not limited to all permitted or conditionally permitted uses in the C1 Office, C2 Retail, C3 General Business, and C4 Public School District outlined in Section 1129.02 herein, having an entrance, exit, parking lot, loading dock, trash enclosure, or show window within 250 feet of any single-family, two-family, or multiple-family residential district, shall only be permitted to be open for the transaction of business after 12:00 a.m. or before 6:00 a.m. of any day as a conditionally permitted use.
(b) Any store or other place of business which is subject to regulation pursuant to subsection (a) above and is also operating under a valid permit to sell or serve alcoholic beverages, as issued by the State of Ohio pursuant to Title 43 of the Ohio Revised Code, shall be exempt from the provisions of this Chapter only to the extent necessary to avoid conflict between the regulations herein and State law governing such liquor permit holders, provided further that nothing in the provisions of the Chapter shall be construed to sanction or permit the sale or service of alcoholic beverages in violation of State law.
(c) For purposes of this Chapter, the terms “store or other place of business” shall not be construed to include hospitals and emergency medical centers, regardless of their location in relation to any residential district, and are therefore exempt from the provisions of this Chapter.
(d) A conditional permit for extended business hours of operation shall comply with the regulations set forth within this Chapter and those in Chapter 1161.
(Ord. 124-05. Passed 2-6-2006.)
A drive-through facility shall be conditionally permitted in C1 Office, C2 Retail, C3 General Business, and PD Planned Development only as an accessory use to permitted or conditionally permitted uses. No drive-through facility shall be permitted as an accessory use to a sexually oriented business. The sale or offering for sale of any alcoholic beverage shall not be permitted within a drive-through facility.
(Ord. 43-11. Passed 1-17-2012.)