1169.01 Purpose.
1169.02 Conditional uses generally.
1169.03 Application for conditional use permit.
1169.04 Notice and hearing.
1169.05 Review and action by Commission and Council.
1169.06 Issuance, expiration, revocation, transfer.
1169.07 Standards for all conditional uses.
1169.08 Standards for specific conditional uses.
1169.09 Similar uses.
1169.10 Applying standards to pre-existing uses.
CROSS REFERENCES
Regulated uses - see P. & Z. Ch. 1180
Nonconforming uses - see P. & Z. Ch. 1181
The purpose of this Chapter is to establish standards and procedures for review of uses which have the potential to be compatible with the districts in which they are listed as conditional uses but which, due to the nature of their operation, appearance, or other characteristics, require individual review and control of their location, design, intensity, configuration, and impacts upon the district and the community in order to ensure such compatibility and preservation of the district and community.
(Ord. 5-2007. Passed 3-13-07.)
(a) A use listed as a conditional use shall not be permitted by right. The identification of a use as a conditional use in a district shall not establish or imply any rights for approval of the use of any lot, nor shall the approval of a conditional use on one lot establish or imply any rights for approval of the same use on any other lot. Listing as a conditional use shall afford the opportunity to submit an application for a conditional use permit, which may be approved or denied on the basis of the provisions of this Zoning Code.
(b) When a use is listed in this Zoning Code as a conditional use for a district, the conditional use of land, building, or structure shall not be established until a conditional use permit has been reviewed and recommended by the Planning Commission and approved by City Council according to the procedures of this Zoning Code and until the conditional use permit is issued by the Building Commissioner.
(Ord. 5-2007. Passed 3-13-07.)
An applicant for a conditional use permit shall submit an application to the Building Commissioner. At a minimum, an application shall include the following information:
(a) Use Information:
(1) A statement of the specific conditional use or uses listed in this Zoning Code for which the application is submitted.
(2) 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, characteristics of vehicular activity, and other information which clearly documents the nature of the proposed use and its potential impacts.
(3) A statement discussing the compatibility of the proposed use with the existing and permitted uses of adjacent properties and with any plans adopted by the City, including an evaluation of the effects on adjoining properties of such elements as traffic circulation, noise, glare, odor, fumes, vibration, and storm water.
(b) Site Plan Information: Information and exhibits describing the site and building layout and locations of all structures, paved areas, uses on the lot, and all uses and zoning district designations of adjoining properties and properties across a public right-of-way.
(c) Additional Information: Upon review of the application, the Planning Commission may find that additional information is necessary to make a determination of the compliance of the proposed use with the provisions of this Zoning Code. The Planning Commission may determine that additional studies or expert advice are necessary to evaluate a proposed conditional use relative to the requirements of this ordinance and shall advise the applicant if such studies or advice are required. The Planning Commission may accept the required studies prepared by qualified professionals engaged by the applicant or may require the applicant to deposit with the City funds as required to pay for such studies.
(Ord. 5-2007. Passed 3-13-07.)
(Ord. 5-2007. Passed 3-13-07.)
(a) The Planning Commission shall, upon determining that the application for conditional use is complete, set a public and administrative hearing for its next regularly scheduled meeting and shall instruct the Secretary of the Commission to publish notice at least seven (7) days prior to the public hearing.
(b) The Planning Commission shall conduct a public and administrative hearing on the date and time published.
(Ord. 5-2007. Passed 3-13-07.)
(a) Action by Planning Commission. The Planning Commission shall review the application for conformance with the provisions of this Zoning Code, including the standards set forth in Section 1169.07 (Standards for all Conditional Uses) and, as applicable, of Section 1169.08 (Standards for Specific Conditional Uses), and shall, within a reasonable time after conclusion of the hearing, take one of the following actions:
(1) Recommend approval of the proposed conditional use permit. In recommending approval, the Planning Commission may recommend appropriate conditions and safeguards which are more strict than the requirements of this Zoning Code, and which are in conformance with the intent and purposes of this Zoning Code for the protection of nearby property and the public health, safety and general welfare.
(2) Recommend denial of the application, stating in the motion the reason(s) for recommending denial.
(3) The recommendation of the Planning Commission shall be forwarded to City Council.
(b) Action by Council. Within sixty (60) days (or a longer period with consent of the applicant) after receipt of a Planning Commission recommendation, City Council shall take action to approve, approve with additional conditions, or deny the permit.
(1) Approval of a conditional use permit by City Council shall authorize the Building Commissioner to issue the conditional use permit.
(2) If City Council denies the conditional use permit, then the Clerk of Council shall notify the applicant in writing and no further action shall be taken.
(3) If no action is taken by Council within sixty (60) days after receipt of the recommendation of the Planning Commission, then the applicant may deem the application to have been denied.
(Ord. 5-2007. Passed 3-13-07.)
(b) Expiration of Approval. Approval of a conditional use permit approved by City Council shall expire twelve (12) months from the date of approval unless construction has commenced or the use established. A single extension of the conditional use permit, not to exceed six (6) months, may be granted by City Council after written request by the applicant.
(c) No application for a conditional use permit which has been denied wholly or in part by City Council shall be resubmitted until the expiration of one (1) year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration by the Planning Commission and Council.
(d) Revocation.
(1) If the Building Commissioner finds that any provision of this Chapter relating to a conditional use permit is being violated or that any condition, safeguard, or requirement of a conditional use permit is being violated or breached, the Building Commissioner shall send a written notice by certified mail to the owner of the property, indicating the nature of the violation and ordering the action necessary to correct it.
(2) The notice shall state what action the Building Commissioner intends to take if the violation is not corrected and shall advise that the Building Commissioner’s decision or order may be appealed to City Council within ten (10) days of receipt of the notice.
(3) If no appeal is filed, the Building Commissioner shall take necessary and appropriate action to resolve the violation. If an appeal is filed, all action shall be stayed unless the Building Commissioner prepares a statement, as approved by the Law Director, certifying that the situation poses imminent peril to the public health, safety or welfare of persons or property and that immediate action is warranted.
(4) If an appeal is filed, City Council shall set a date for hearing. At least ten (10) days prior to the hearing, written notice shall be issued to the property owner.
(5) Council shall conduct the hearing at the date and time established, shall consider the appeal and the record and shall determine the action to be taken. Council may take any of the following actions:
A. Amend the terms of the conditional use permit.
B. Revoke the conditional use permit.
C. Order the Building Commissioner to take action necessary to correct the violation.
(6) Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this Chapter or pose a danger to the public health, safety, or welfare, the Building Commissioner may seek enforcement without prior written notice.
(e) Transfer of Conditional Use Permit to New Owner of Conditional Use. A conditional use permit shall expire when ownership of the use is transferred to a new owner. A conditional use permit may be transferred to a new owner of the use for which the original permit was granted provided that the new owner shall submit a written request for transfer of the permit. The request shall include a statement ensuring compliance with all conditions of the original permit. The Building Commissioner shall inspect the premises for conformance with the original permit, shall review the record regarding the permit and the operation of the use, and shall transfer the conditional use permit to the new owner if the use is found to conform to the permit conditions or is brought into conformance.
(Ord. 5-2007. Passed 3-13-07.)
(a) The Planning Commission shall determine, in making a decision to recommend approval of a conditional use or to deny a conditional use permit, if the proposed use will comply with the general standards in this Section 1169.07 and the specific standards in Section 1169.08 pertinent to each use indicated therein. The Planning Commission may recommend and City Council may approve such additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights and for insuring that the intent and objectives of this Zoning Code will be observed.
(b) The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use on the proposed location:
(1) Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the same area;
(2) Will not be hazardous or unduly disturbing to existing or future neighboring uses;
(3) Will not be detrimental to property in the immediate vicinity or to the community as a whole;
(4) Will be served adequately by essential public facilities and services such as roads, police and fire protection, drainage structures, refuse disposal or schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service; and
(5) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public roads.
(Ord. 5-2007. Passed 3-13-07.)
(Ord. 5-2007. Passed 3-13-07.)
In addition to the Standards for All Conditional Uses in Section 1169.07 above, the following standards shall apply to the specific conditional uses listed in this Section:
(a) Banquet Facility in O-S District. A banquet facility may be permitted in the O-S District subject to the following conditions:
(1) All dining and service shall be conducted within a completely enclosed building.
(2) Buildings, parking, storage, and all other uses shall be set back at least 50 feet from residential districts.
(b) Restaurant, Bar, Tavern.
(1) Restaurant in O-S District. A restaurant may be permitted as a conditional use in the O-S District subject to the following conditions:
A. All dining and service shall be conducted within a completely enclosed building.
B. Restaurant buildings, parking, storage, and all other uses shall be set back at least 50 feet from residential districts.
C. Drive-through facility is not permitted.
(2) Restaurant, Bar or Tavern in B-1 District. A restaurant, bar, or tavern may be permitted as a conditional use in the B-1 District subject to the following conditions:
A. Outdoor Dining and Service. All dining and service shall be conducted within a completely enclosed building provided that outdoor dining and service may be conducted in a location at least 100 feet distant from all residential districts. The outdoor dining and service areas shall not exceed two-hundred fifty (250) square feet and shall be enclosed with wood or masonry walls as approved in the conditional use permit. Loudspeakers and live music performance shall not be permitted in the outdoor area.
B. Restaurant buildings, parking, storage, and all other uses shall be set back at least 50 feet from residential districts.
C. Drive-through facility is permitted in compliance with the standards for drive-through facilities at Section 1169.08(h) and with the following:
I. A drive-through facility accessory to a restaurant shall not be permitted nearer than one hundred fifty (150) feet to a residential district.
II. A setback of at least ninety (90) feet from the public street right-of-way line is required.
III. Vehicular access to the property shall only be permitted from an arterial street. If located on a corner lot, the access shall be at least fifty (50) feet from the intersection of the right-of-way lines.
(3) Restaurant with Outdoor Dining or Service in B-2 District. A restaurant with outdoor dining or service may be permitted as a conditional use in the B-2 District subject to the following conditions:
A. Outdoor dining and service may be conducted in a location at least 100 feet distant from all residential districts.
B. The outdoor dining and service areas shall be enclosed with wood or masonry walls as approved in the conditional use permit.
C. Loudspeakers and live music performance shall not be permitted in the outdoor area unless it is determined that the sound will not be audible in any residential district.
D. Restaurant with drive-through facility shall not be permitted.
(c) Amusement and Recreation uses such as assembly hall, meeting hall, bowling alley, billiard hall, theater, may be permitted subject to the following condition:
(1) Use shall be conducted within an entirely enclosed soundproofed building.
(d) Veterinary clinics and veterinary hospitals may be permitted subject to the following conditions:
(1) The use shall be designed to ensure that it will not create a nuisance in terms of noise, odor, safety, health, or other impacts.
(2) All activities associated with the use, except the outdoor waste area, shall be conducted inside a completely enclosed building, including any areas for confinement of animals.
(3) An outdoor pet waste area shall be provided for use by client pet owners to allow pets to defecate and urinate. Area shall be located at least fifty (50) feet from any property line. Facility operator shall submit a plan for daily cleaning of the area.
(4) Pets may be confined in the facility for short periods necessary for medical recovery, but no pet boarding is permitted.
(5) The operator shall identify the nature of all wastes to be generated by the use and shall submit a plan for storage and disposal.
(e) Hotel and motel uses may be permitted subject to the following conditions:
(1) A hotel or motel shall not be located on a lot abutting a residential district.
(2) Minimum lot shall be six (6) acres.
(3) Overnight parking of autos, pickup trucks, and recreational vehicles and similar vehicles designed for personal travel is permitted. Overnight parking of panel vans, semi tractors and trailers, or other vehicles is not permitted.
(4) The operator shall not permit a guest to occupy the hotel for more than thirty (30) consecutive days.
(5) Not more than twenty-five percent (25%) of the gross floor area may be used for uses incidental to the rental of rooms, including but not limited to newsstand, gift shop, lounge, or restaurant. Entry to incidental uses shall only be from an interior lobby or hall of the building.
(f) Gasoline service stations and self-service auto laundries may be permitted subject to the following conditions:
(2) Gasoline service stations and self-service auto laundries shall also comply with requirements for drive-through facilities at Section 1169.08(h) below, except that gasoline pumps may be located in front of the principal building.
(g) Automotive major repair uses may be permitted subject to the following conditions:
(1) The applicant shall submit a site plan to the Planning Commission detailing all intended uses and improvements of the lot, including paved areas and buildings, and all other information necessary to determine conformance with the provisions of this Zoning Code. The Commission shall make a report and recommendation to City Council. The zoning certificate shall only be issued in conformance with a site plan approved by City Council.
(2) Automotive major repair shall be limited to automobiles, small vans and light trucks. Recreational vehicles, commercial trucks, and other large or heavy vehicles and equipment shall not be repaired on the lot.
(3) Landscaping shall be installed and maintained in the following areas as approved in the site plan as follows:
A. A landscaped area shall be installed and maintained in all areas abutting the public right of way to a depth of not less than fifteen feet.
B. Where any lot line abuts a lot in a nonresidential zoning district, a landscaped area shall be maintained and installed to a width of not less than five feet.
C. Where any lot line abuts a lot in a residential zoning district, either:
1. A solid wall six feet in height shall be installed abutting the property line; or
2. A wood fence six feet in height shall be installed abutting the property line and all pavement, parking, storage and all other activities shall be set back at least thirty feet from the lot line.
(4) Exterior lighting shall only be installed as approved in the site plan.
(5) Vehicle doors shall not be located on any side of the building facing a residential zoning district. Vehicle doors shall not be located facing a public street unless the Planning Commission determines that the orientation is unavoidable. Windows and man-doors located on any side of the building facing a residential zoning district shall be self-closing in order to control noise impacts on the residential district.
(6) If the lot abuts a residential zoning district, automobile major repair shall not be conducted between the hours of 8:00 p.m. and 7:00 a.m.
(7) The following shall only be permitted in locations on the lot indicated on the approved site plan.
A. Vehicle parking, including vehicles which are missing body parts or which are severely damaged;
B. Storage of vehicle parts and other materials or wastes.
(8) Outside operations are prohibited except for hand washing or waxing of vehicles.
(9) Outside speakers, bells and similar sound-producing equipment are prohibited.
(10) Except as otherwise provided in this Zoning Code, vehicle sales and the exterior display or storage of materials for sale are prohibited.
(h) Drive-through facilities may be permitted subject to the following conditions:
(1) The applicant shall provide a traffic study (which shall be satisfactory to the Planning Commission and City Council in preparer qualifications, content, analysis, conclusions and recommendations) which projects the vehicular use (including but not limited to vehicle types, volumes, and other information) of the proposed facilities and evidences compliance with the provisions of this Zoning Code.
(2) Lanes required for vehicle access to, waiting for use of, and service within a drive-through facility shall be designed with 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, impacts on abutting roads, and hazards to pedestrians.
(3) Drive-through facilities, their stacking areas, and routes of access shall be located to not interfere with or cause interference with vehicles or pedestrian movement on the public roads or within the site. Stacking areas for drive-through facilities shall not be the sole or primary site egress route. Stacking areas shall not utilize parking or aisles required for access to parking.
(4) Drive-through facilities shall be located on that part of a site which is most distant from or most screened from the abutting residential districts. Where site conditions necessitate locating a drive-through facility near to the residential district (and is not otherwise prohibited), the area between the facility and the residential district shall be screened as approved in the conditional use permit.
(5) Business establishments with drive-through facilities shall provide a minimum of four (4) stacking spaces per facility and additional spaces determined necessary in the traffic study.
(6) Drive-through facilities shall not be located in front of the principal building.
(7) The applicant shall eliminate or reduce the impacts of lighting, litter, noise, and exhaust resulting from the facility, especially impacts on nearby residential uses, through proper design of the site, operation of the use, and other methods.
(8) Drive-through facilities which utilize microphones or other audible signals shall be designed to minimize sound impacts upon abutting uses and shall not create more than 40 dBA at the property line.
(9) Hours of operation shall be as approved with the site plan. Conditions may be established restricting the hours of operation in order to reduce inappropriate impacts on abutting uses and on public street traffic and to ensure compatibility with normal vehicular activity in the district.
(10) Drive-through facility accessory to a restaurant shall comply with applicable provisions of Section 1169.08(b).
(i) Garden centers may be permitted subject to the following conditions:
(1) Outdoor sales, storage, or display shall only be permitted in areas identified on the approved site plan. No outdoor sales, storage, or display is permitted within fifty (50) feet of any road right-of-way. The activities shall not occupy any required public or private sidewalk, parking area or driveway.
(2) Any outdoor sales, storage, or display area located closer than one hundred (100) feet to a residential district shall, if determined to be visible from the district, be screened by a landscape buffer strip or other means indicated on the approved site plan.
(3) Outdoor displays shall be maintained in a neat and orderly fashion.
(4) The site plan submitted with an application for a conditional use permit shall indicate the types of merchandise to be displayed and, if applicable, any seasonal changes of display.
(5) Outdoor storage shall not include the storage or accumulation of waste products, except as specifically approved in the site plan.
(j) Day care centers may be permitted subject to the following conditions:
(1) The location, orientation, and capacity of dropoff and loading areas shall be sufficient to prevent obstruction of public streets and sidewalks.
(2) Sufficient on-site parking shall be provided for staff and visitors.
(Ord. 5-2007. Passed 3-13-07.)
(k) Sweepstakes/internet cafes may be permitted subject to the following conditions:
(1) There shall be a parking standard of one parking space per computerized sweepstakes device in operation on the premises and an additional parking space per employee on duty on the premises.
(2) No sweepstakes/internet cafe shall be located within five hundred (500) feet from the boundaries of a parcel of real estate having situated on it a school, public library, public playground, church, or religious institution, or within five hundred (500) feet of any establishment that has been issued a liquor permit by the State of Ohio.
This section shall not apply to any duly licensed sweepstakes/internet café in existence at a particular location at the time a school, public library, public playground, or any establishment that has been issued a liquor permit by the State of Ohio is established within five hundred (500) feet of said sweepstakes/internet café.
(Ord. 37-2011. Passed 8-23-11.)
(l) Retail uses accessory to a permitted or conditionally permitted use in an O-S District may be permitted subject to the following conditions:
(1) The primary purpose of an accessory retail use shall be to serve customers or employees of a permitted or conditionally permitted principal use of the O-S District.
(2) The accessory retail use shall be wholly owned and operated as part of the principal use with which it is associated and shall occupy floor area not greater than twenty-five percent (25%) of the floor area of the entire business.
(3) Access to the accessory retail use shall only be through the space occupied by the principal use.
(4) The accessory retail use shall not have signs or advertising independent from that permitted for the principal use.
(Ord. 5-2007. Passed 3-13-07.)
(m) Car wash, as defined in Section 1123.02 (a) of this code, may be a conditionally permitted use subject to the following conditions:
(1) Car Washes shall be located in an area least disruptive to pedestrian and vehicular traffic and shall also comply with the requirements for Drive-through facilities at subsection (h) of this section.
(2) Car washes shall be located on the lot so as to utilize the maximum amount of the lot for the purpose of containing the waiting or stacking line of motor vehicles prior to the time the vehicles are actually serviced.
(3) Any proposed loudspeaker system shall be approved as part of the conditional use and shall comply with the requirements for drive-through facilities at subsection (h) of this section.
(4) In-bay car washes shall not be permitted in any zoning district in the City of Richmond Heights except the B-1 Local Business District.
(5) Automatic car washes shall not be permitted in any zoning district in the City of Richmond Heights except the B-1 Local Business District and the B-2 Regional Business District.
(6) Car washes shall not be permitted within 1,500 feet of the boundaries of a parcel of real estate having situated on it any other car wash as measured at the closest property lines.
(Ord. 123-2024. Passed 9-24-24.)
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