1169.08 STANDARDS FOR SPECIFIC CONDITIONAL USES.
   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:
      (1)   Gasoline service stations and self-service auto laundries as controlled by Chapter 1165.
      (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.)