1252.01 Purpose.
1252.02 Satellite dish antennas. (Repealed)
1252.03 Amusement arcades.
1252.04 Adult entertainment businesses.
1252.05 Manufactured home parks.
1252.06 Factory-built housing.
1252.07 Swimming pools.
1252.08 Parking facilities.
1252.09 Home occupations.
1252.10 Group residential facilities.
1252.11 Spouse abuse shelters.
1252.12 Wind energy conversion systems.
CROSS REFERENCES
Municipal zoning - see Ohio R.C. 713.06 et seq.
Juveniles on the premises of adult entertainment establishments prohibited - GEN. OFF. 666.18
Zoning of annexed territories - see P. & Z. 1248.05
Official schedule of district regulations - see P. & Z. 1248.07
Supplementary district regulations - see P. & Z. Ch. 1250
Conditional uses - see P. & Z. Ch. 1254
Unlisted uses - see P. & Z. Ch. 1256
Nonconforming uses - see P. & Z. Ch. 1258
Accessory uses - see P. & Z. Ch. 1260
It is the purpose of this chapter to promote the public health, safety and general welfare by establishing regulations affecting uses and practices which, were they to be established and maintained without any guidance, restrictions or control, tend to result in dangerous situations threatening the safety of citizens, to contribute to circumstances undermining the morals of the youth of the community or to generate conflicts in uses or practices, thus upsetting the harmony of the community and impinging upon the property rights of others.
(Ord. 186-91. Passed 10-15-92.)
(a) Application of Section. This section shall apply to amusement arcades.
(b) Purpose; Intent; Conflicts. The purpose of this section is to promote the public health, safety and general welfare by regulating amusement arcades. It is also the intent of this section to coordinate the provisions of this Zoning Code with the requirements of any governmental agency governing the licensing and regulation of mechanical amusement devices so that the more restrictive requirement or the more severe penalty shall prevail, in the event of any conflict between the respective regulations.
(c) Conditional Use Permit Required. No amusement arcade shall be established, operated and/or maintained unless it complies with the district regulations, is authorized by the issuance of a conditional use permit in accordance with the provisions of Chapter 1254 and complies with the following criteria:
(1) An amusement arcade shall have a person who is eighteen years of age or older on the premises supervising the amusement arcade at all times during its hours of operation.
(2) When required to do so by the appropriate law enforcement agency, an amusement arcade shall provide the necessary security personnel to police the interior and exterior of the premises.
(3) Around each amusement device, there shall be a minimum clear area that extends outward two feet from each side and four feet from the front of the device. The minimum clear area of one amusement device shall not overlap the minimum clear area of any other amusement device.
(4) Prior to the issuance of a conditional use permit, the applicant shall provide evidence that the structure and/or premises meets the minimum requirements of the appropriate building codes, as adopted in Title Two of the Building and Housing Code, and the Ohio Fire Code, as adopted in Section 1610.01 of the Fire Prevention Code. The operator shall provide the same kind of evidence to the Zoning Administrator once every twelve months after approval of the conditional use permit.
(5) If the proposed arcade is to be located in a free standing building, the application for the conditional use permit shall include an approvable exterior lighting plan.
(6) No amusement arcade shall be established, operated or maintained in any place of business or on any premises that is within 500 feet of any elementary school, middle school, junior high school, high school or adult entertainment business.
(7) The application for the conditional use permit shall be accompanied by a copy of the applicant's license to operate amusement devices and a notarized statement that the applicant will not permit any person fourteen years of age or younger to enter the premises and/or to operate any amusement device on the premises before 4:00 p.m. on days when school is in session during the regular nine-month school year. If the applicant violates such commitment, it shall be deemed a violation of this Zoning Code.
(d) Nuisance Conditions Prohibited. The operator of an amusement arcade shall maintain peace, quiet and order in and about the premises. Failure to do so shall constitute a nuisance and shall be deemed to be a violation of this Zoning Code.
(e) Complaints. Any resident or property owner of the City may submit to the Zoning Administrator a written notice of complaint regarding the operation of any amusement arcade. The notice of complaint shall include the name and address of the complainant, the name and address of the amusement arcade and the specific reasons (noise, trash, congestion, etc.) why the person is complaining.
After interviewing both the complainant and the amusement arcade operator, the Zoning Administrator shall determine whether or not there is a problem and, if so, shall seek to arrive at a reasonable remedy. If the problem persists, or if a remedy cannot be agreed upon, the Zoning Administrator shall document the situation and refer the matter to the Board of Zoning Appeals for its decision regarding the continued validity of the conditional use permit.
(f) Termination and Revocation of Conditional Use Permit. The conditional use permit for any amusement arcade shall terminate immediately when the license to operate the amusement arcade is revoked or lapses or when the operator is convicted of any minor misdemeanor or a greater crime. In addition, the Zoning Administrator shall revoke immediately the conditional use permit for any amusement arcade if ordered to do so by the Board of Zoning Appeals after a public hearing.
(Ord. 186-91. Passed 10-15-92.)
(a) Application of Section. This section shall apply to the regulation of adult entertainment businesses.
(b) Purpose. The purpose of this section is to promote the public health, safety and general welfare through the regulation of adult entertainment businesses in order to prevent the erosion of the character of the surrounding neighborhoods and to prohibit the establishment of such businesses within close proximity of existing adult entertainment businesses, amusement arcades, residential areas, schools, churches, parks, libraries, social service facilities, neighborhood centers and playgrounds within the City.
(c) Conditional Use Permit Required. No structure or lot shall be used for an adult entertainment business unless authorized by the issuance of a conditional use permit in accordance with the other provisions of this Zoning Code and the following conditional use criteria:
(1) No adult entertainment business shall be permitted in a location that is within 1,500 feet of another adult entertainment business;
(2) No adult entertainment business shall be permitted in a location that is within 1,000 feet of any church, public or private school, park, playground, library, social services facility and/or neighborhood center;
(3) No adult entertainment business shall be permitted in a location that is within 500 feet of any amusement arcade, residence and/or boundary of any Residential District; and
(4) No adult entertainment business shall be permitted in a location in the City that is within 500 feet of any boundary of any Residential District that is located outside of the City corporate limits.
(d) Nuisances Conditions Prohibited. The operator of an adult entertainment business shall maintain peace, quiet and order in and about the premises. Failure to do so shall constitute a nuisance and shall be deemed to be a violation of this Zoning Code.
(e) Complaints. Any resident or property owner of the City may submit to the Zoning Administrator a written notice of complaint regarding the operation of any adult entertainment business. The notice of complaint shall include the name and address of the complainant, the name and address of the business and the specific reasons (noise, trash, congestion, etc.) why the person is complaining. After interviewing both the complainant and the operator of the business, the Zoning Administrator shall determine whether or not there is a problem and, if so, shall seek to arrive at a reasonable remedy. If the problem persists, or if a remedy cannot be agreed upon, the Zoning Administrator shall document the situation and refer the matter to the Board of Zoning Appeals for its decision regarding the continued validity of the conditional use permit.
(f) Termination and Revocation of Conditional Use Permit. The conditional use permit for any adult entertainment business shall terminate immediately when the operator is convicted of any minor misdemeanor or a greater crime. In addition, the Zoning Administrator shall revoke immediately the conditional use permit for any adult entertainment business if ordered to do so by the Board of Zoning Appeals after a public hearing.
(Ord. 186-91. Passed 10-15-92.)
(a) Application of Section; Purpose. This section provides for the location and regulation of manufactured home parks in order to foster their development and maintenance as an integral and stable part of the community.
(b) Location; Development; Establishment of District. Manufactured home parks shall be located only in the R-MH Manufactured Home Park District and shall be developed according to the standards and regulations provided in subsections (c) and (d) hereof. The procedure to amend the Official Zoning Map to establish the R-MH Manufactured Home Park District shall be the procedure for amendments as provided in Chapter 1246.
(c) General Development Standards. The Planning Commission shall be provided with adequate evidence that each proposed manufactured home park development meets the following standards:
(1) The proposed park shall be served adequately by essential public facilities and services (such as streets, drainage, water, sanitary sewerage, refuse disposal, schools and police and fire protection) or it shall be established so that the persons proposing the park shall be able to provide any such missing service continuously and adequately;
(2) The design of the vehicular approaches to, and the circulation pattern within, the proposed park property shall not create traffic interference or congestion on surrounding streets;
(3) The establishment of the proposed park shall not result in the damage, destruction and/or loss of any natural, scenic and/or historic features of major importance; and
(4) The establishment of the proposed park shall not be demonstrably detrimental to the value of surrounding properties or to the character of adjacent neighborhoods.
(d) Compliance With State Law. All manufactured home parks shall comply with the requirements of Chapter 3701 of the Ohio Administrative Code (or its successors), promulgated by the Ohio Public Health Council in accordance with Ohio R.C. Chapter 3733 (or its successors).
(Ord. 186-91. Passed 10-15-92.)
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