(a) Porhibited uses in the Rockside Road South PUD District, consistent with Article XIV, Section 7 of the City’s Charter, include the following uses: (1) “big box” retail; (2) free-standing fast food; (3) automotive sales, service and repair; (4) free standing multi-unit residential buildings containing more than 2 units; and (5) the prohibited uses found in City Codified Ordinance Sections 983.01 and 983.02, as amended from time to time; provided, however, that consistent with the 2020 amendment to Article XIV, Section 7 of the City Charter, free-standing fast food restaurants with drive-through service shall not be prohibited on permanent parcel Numbers 551-19-025, 551-19-026, and 551-12-027.
(Ord. 90-2021. Passed 11-4-21.)
(b) The term "big box" means a structure where the ground floor area that a single retail user can occupy is more than 40,000 square feet.
(c) The term "fast food" means an establishment serving food with drive-through or carhop service, not including an establishment whose principal business is the sale of coffee or other non-alcoholic beverages, donuts or other baked goods. Carhop service does not mean carry-out or to-go service as an accessory use to the principal operation of a restaurant with in-restaurant consumption of food. The term "free standing" pertaining to fast food means a "fast food" establishment or establishments constituting in the aggregate more than 20% of the ground floor of any structure.
(d) The term "free standing multi-unit residential building" means a residential building in which a majority of the space in the building is for residential uses and shall not mean the following:
(1) Any fee simple multiple attached cluster or town home uses;
(2) Residential condominium buildings containing no more than 14 condominium units;
(3) Elderly care facility or senior residence facility (each as defined above) buildings or uses;
(4) A building in which the residential uses are above first floor commercial, retail or office uses; or
(5) Residential condominium buildings that otherwise would be permitted under (1), (3) or (4) above.
(Ord. 58-2016. Passed 9-20-16.)