(A) The following conditional uses and their appropriate accessories are permitted provided the activity is an integral and subordinate function of the commercial business, service and office uses permitted by right in the district; the activity will enhance the ability of the Silverton Renaissance Overlay District to provide community commercial, service and office needs substantially similar to the uses permitted in this district and that will not detract from the creation of a compact pedestrian-oriented commercial center; and the arrangement of any conditional use, building, or structure will be mutually compatible with the organization of permitted and accessory uses to be protected in the district.
(1) Outdoor dining, in connection with a restaurant, provided that such area meets the following minimum requirements:
(a) Such area shall be designed to clearly identify the limits of the outdoor dining area, which shall not include any drive-thru facility;
(b) Such area shall not exceed 25% of the maximum seating capacity of the indoor dining area;
(c) Entertainment, music, and sound amplifying systems shall not be permitted within the outdoor dining area;
(d) Such area shall not be permitted to locate within any minimum required front, side, or rear yard setbacks, except where a variance has been approved by the Board of Zoning Appeals;
(e) Outdoor dining areas shall be operated no later than 10:00 p.m. on Sunday through Thursday inclusive, and no later than 11:00 p.m. on Friday and Saturday; and
(f) A minimum of three feet sidewalk clearance must be maintained for pedestrian use. Further, compliance with the Ohio Uniform Traffic Code is required.
(2) Nursery and child care centers, provided parking and loading/unloading may be achieved in the rear of the building.
(3) Drive-in banking facilities that accept deposits.
(4) Community centers for recreation, meeting, and education purposes of community residents.
(6) Exhibition and convention halls, music halls, general purpose auditoriums.
(7) Churches and other places of worship, Sunday school buildings, and parish houses.
(8) Multi-family dwelling units, tower apartments, inns, and hotels provided all ground floor street frontage shall be restricted to retail, personal, offices, business services and hotels, except as otherwise provided in this chapter.
(9) Dwelling units occupied by owner-operators of attached permitted uses in the district, provided the building was originally designed for residential use, including accessory uses appropriate to the dwelling unit.
(10) Small scale cottage industry style uses involving the creation of retail goods typically catering to a specialized niche market or consumer.
(11) Small scale movie theaters restricted to three or less viewing screens.
(12) Any substantially similar use which the Planning Commission determines to be of the same character and nature as those permitted in the Silverton Renaissance Overlay District may be permitted in accordance with the conditional use standards set forth in § 153.215(O).
(B) Approval of these conditional uses is subject to the procedures and requirements of §§ 153.210
through 153.218.
(Ord. 05-3205, passed 12-15-05; Am. Ord. 09-3306, passed 10-15-09)