Conditional use permits shall be required for certain types of main uses as defined in Section 1250.02, generally publicly operated or a facility which affects the public interest. Such use may be permitted and desirable in certain districts but not without consideration in each case of the effect of the use upon neighboring land and the public need for the particular location. The application of the planning standards for determining the location and extent of such use is a planning function and not in the nature of a variance or appeal.
Enumerated throughout this Zoning Code are certain uses and the districts in which conditional uses may be permitted, provided the following standards are fulfilled and a conditional use permit is granted by the Planning Commission.
(a) Application. The application for such permits received from the proponent shall be submitted by the Building Commissioner to the Planning Commission. The Commission shall hold a hearing thereon, notice of which may be published in a newspaper of general circulation, or mailed to the owners of property contiguous to and across the street from the parcel for which a conditional use permit is requested, at least fifteen days before the hearing. The Commission shall take action upon such application within sixty days from the date of receiving such application. Failure to act within such period shall be deemed approval.
(b) Standards for Evaluating Conditional Use Permits. An application for a conditional use permit shall not be approved unless the following conditions and standards are complied with as set forth for the following districts:
(1) Residential Districts.
A. The proposed use is properly located in relation to any adopted land use or street plan, particularly to the collector and local street systems and pedestrian circulation.
B. When located on a local street the proposed use will generate the least possible traffic through a residential neighborhood.
C. The proposed use is necessary to serve the surrounding residential areas which cannot be served satisfactorily if the same use is located in a nearby less restrictive district where it may be permitted by right.
D. The location, design and operation of such use will not discourage the appropriate development or impair the value of the surrounding Residential District.
E. For temporary structures every conditional use permit shall be re viewed every six months and may be renewed only while the construction operations are pursued diligently.
(2) Business, Research, Service and Industrial Districts.
A. The proposed use is necessary to serve the community needs, and existing similar facilities located in a less restrictive or more remote district in which the use may be permitted by right are inadequate.
B. The proposed use is not closer than appropriate in the particular situation to schools, churches and other places of assembly.
C. The location, extent and intensity of the proposed use shall be such that its operation will not be objectionable to nearby dwellings by reason of greater noise, smoke, dust, odors, fumes, vibrations or glare than is normal or is permitted by the performance standards of the district.
D. The proposed use will form a harmonious part of the Business, Research, Service and Industrial District, taking into account, among others, convenience of access to and relationship of the proposed use to other permitted uses in the district;
E. The proposed use will be permitted in the proposed district rather than one in which it is permitted by right, because the applicant has demonstrated in its application to the Planning Commission that the proposed use is of only such limited nature and extent as is required to serve the needs of the district, or, when determined applicable by the Planning Commission, the needs of the community; and
F. The hours of operation and concentration of vehicles in connection with proposed use will not be more hazardous or dangerous than the normal traffic of the district.
(3) Game room and amusement arcade standards. In addition to complying with the above general standards, in the use of all or part of a structure for a game room or amusement arcade, the location and arrangement of amusement devices shall comply with the following specific standards:
A. As a part of the application for a conditional use permit, the ap plicant shall submit a floor plan, drawn to scale, showing the size, location and arrangement of each mechanical amusement device. For the purposes of this subsection, depth is measured perpendicular to any player or user side of an amusement device, and width is measured perpendicular to any non-player side of the device.
B. Non-tabletop devices. In addition to the actual floor plan dimensions of the device, an open area of five feet in depth shall be provided on any player side and an open area of three feet in width shall be provided on any non-player side, except where such non-player side is positioned adjacent to a structural wall.
C. Tabletop devices.
1. Designed to be played in a seated position: In addition to the actual floor plan dimensions of the device, an open area of four feet in depth shall be provided on any player side, and an open area of three feet in width shall be provided on any non-player side, except where such non-player side is positioned adjacent to a structural wall.
2. Designed to be played in a standing position, e.g. billiard tables, air hockey tables, shuffleboard tables, bowling machines: In addition to the actual floor plan dimensions of the device, an open area of six feet in depth shall be provided on any player side of the device, and an open area of four feet in width shall be provided on any non-player side, except where such non-player side is positioned adjacent to a structural wall.
D. The area and location requirements shall be met exclusive of any aisleways, corridors, passageways, or other circulation patterns necessary or required for applicant’s business by the laws of the City or the State. The actual installation shall be in conformity with the plans submitted as the basis for issuance of the conditional use permit.
(Ord. 2005-210. Passed 2-21-06.)
(4) Brewpub or Microbrewery. For purposes of these regulations, a brewpub or microbrewery shall be defined as an establishment which produces alcoholic beverages, including beers, ales, meads, hard ciders, wines and spirits, and which contains restaurant facilities for the on-site consumption of food and beverages. In addition to complying with the requirements and standards in Sections 1242.07(a), (b)(2), and (b)(10), each brewpub or microbrewery shall comply with the following specific standards and conditions:
A. Each brewpub or microbrewery shall manufacture and sell alcoholic beverages in accordance with the provisions of the Ohio Division of Liquor Control and shall maintain current licenses as required by said agency.
B. Each brewpub or microbrewery shall include an attached restaurant for on-site consumption of food and beverages which restaurant shall be a minimum of fifteen percent (15%) of the total square footage of the entire facility, including but not limited to the manufacturing, bottling and storage areas.
C. The maximum size of any brewpub or microbrewery shall not exceed 60,000 square feet.
D. Each brewpub or microbrewery shall have direct access to an arterial street for delivery of materials and shipping of products with a traffic design to be approved by the Planning Commission.
E. Brewpubs or microbreweries shall have retail outlets for the sale of alcoholic beverages for off-site consumption.
F. No brewpub or microbrewery shall abut property zoned residential as set out in Section 1252.02 except RMF-1 districts.
G. Each brewpub or microbrewery shall be architecturally compatible with the surrounding commercial uses.
H. The minimum lot area for any brewpub or microbrewery shall be six (6) acres.
I. The emission of odorous matter or smells in such quantities as to produce a public nuisance or hazard is not permitted.
J. The facility shall not generate truck traffic materially different in truck size or frequency from that truck traffic generated by the surrounding commercial uses.
(Ord. 2015-114. Passed 7-20-15.)
(Ord. 2015-114. Passed 7-20-15.)
(5) Sale of Religious Materials. In addition to complying with the requirements and standards in paragraphs (a) and (b)(1) of Section 1242.07, the sale of religious materials as an accessory use to a main use of land for church or other religious facility purposes shall comply with the following standards and requirements:
A. The accessory use of the sale of religious materials shall be conducted by or under the direction and control of the religious institution or organization occupying the main use on the zoning lot.
B. The materials offered for sale shall be substantially related to the furtherance and advancement of the worship or other religious purposes of the religious institution or organization occupying the main use on the zoning lot.
C. Such accessory use shall be conducted within the main building or an accessory building which has been approved by the Planning Commission.
D. The building area designated for such accessory use shall in no event exceed 2,500 square feet.
F. The main use and all accessory uses shall meet the requirements and standards of Chapter 1256 of the Zoning Code.
(Ord. 2010-096. Passed 6-6-11.)
(6) Wireless Telecommunication Facilities. In addition to complying with the standards in paragraphs (B)(1) and (2), the use of land for a wireless telecommunication facility shall comply with the procedures, standards and requirements set forth in C.O. Chapter 1273.
(7) Crematories. In addition to complying with the requirements and standards in Codified Ordinance Sections 1242.07(b)(2) and b(11), the Planning Commission shall consider the following standards and requirements in determining whether crematories should be permitted and if so, the scope of such crematories and the safeguards required by the Planning Commission. The following terms shall have the meanings as set forth herein:
A. "Mortuaries" (Funeral Home) means a place for the care, preparation for burial, or disposition of dead human bodies or the conducting of funerals.
B. "Funeral Director" means a person who engages, in whole or in part, in funeral directing and who is licensed by the State of Ohio (ORC Chapter 4717: Embalmers, Funeral Directors, Crematories).
C. "Crematory Facility" means the physical location at which a cremation chamber is located and the cremation process takes place. It does not include an infectious waste incineration facility or a solid waste incineration facility.
D. "Crematory" means the building or portion of a building that houses the holding facility and the cremation chamber.
E. "Cremation" means the technical process of using heat and flame to reduce human remains to bone fragments or ashes or any combination thereof. "Cremation" includes processing and may include the pulverization of bone fragments.
F. "Cremation Chamber" means the enclosed space within which cremation takes place.
G. "Cremated Remains" means all human remains recovered after the completion of the cremation process, which may include the residue of any foreign matter such as casket material, dental work, or eyeglasses that were cremated with the human remains.
H. "Operator of a Crematory Facility" means the sole proprietorship, partnership, corporation, limited liability company, or other business entity responsible for the overall operation of a crematory facility.
I. "Pulverization" means the reduction of identifiable bone fragments to granulated particles by manual or mechanical means after the completion of the cremation process.
J. "Board of Embalmers and Funeral Directors" means the Board appointed by the Governor whose duties include the transaction of the business, and management of the affairs of the Board of Embalmers and Funeral Directors and Crematory Review Board; and, the administration and enforcement of ORC Chapter 4717. The Board is also responsible for the licensing of: embalmers; funeral directors; the operation of funeral homes; the operation of embalming; and the licensing and operation of crematory facilities.
1. A crematory facility shall be operated as an Accessory Use at the location of a licensed funeral home and only by a licensed funeral director.
2. A crematory shall be operated for the performance of cremation and pulverization of dead human bodies and human body parts. The cremation of animals shall not be permitted.
3. A crematory facility shall be adequately equipped and maintained in a clean and sanitary manner. The crematory shall contain only the articles, facilities, and instruments necessary for carrying out the business of the crematory. The crematory shall contain a separate area for the performance of cremation and pulverization, including a refrigerated body holding area.
4. The scattering of cremated remains of dead human bodies or body parts at the funeral home site shall not be permitted.
5. All required air quality emission permits including, but not limited to particulate matter and carbon monoxide emissions must be obtained and kept in good standing by the funeral home/crematory facility from the Cleveland Division of Air Quality.
6. Crematories must meet all applicable requirements of the Ohio Building Code (OBC).
7. Emission stacks shall be sensitively located and treated in a manner so as to be compatible with the funeral home's architectural design.
8. Landscape screening of the funeral home/crematory facility from adjacent properties may be required, where appropriate.
9. (Funeral Home/Crematory) Building and site landscape improvement plans must be reviewed and approved by the Architectural Review Board.
10. A crematory shall be designed, constructed and maintained so as not to cause or become a nuisance by way of particulate matter, offensive smells, noise, smoke, or any other reason.
11. A crematory building shall be set back a minimum distance of 150 feet from any residential lot line.
(8) Outdoor Dining. In addition to complying with the requirements and standards in Codified Ordinance Sections 1242.07(b)(2) and (b)(9), the Planning Commission shall consider the following standards and requirements in determining whether an outdoor dining area should be permitted and if so, the scope of such outdoor dining area, and the safeguards required by the Planning Commission:
A. The location of the requested area in relation to residential uses or other uses that may be adversely affected by the outdoor dining area;
B. The hours of operation;
C. The use of outside speakers for music, announcements, or paging;
D. The safety of the outside dining area customers in relation to pedestrian and vehicular traffic;
E. The outdoor playing of music, dancing, or use of alcoholic beverages;
F. The location of the outdoor eating area in regard to the location of doors and exits in the event of a fire or other calamity;
G. The use of fencing, bollards, planters and/or other structures to protect the customers;
H. The effect of the outdoor dining area on the required parking spaces or traffic patterns; and
I. Compliance with all ADA, building code, and fire code requirements.
(9) Propane canister sale and/or exchange. In addition to complying with the above standards and as provided in Chapter 1258 (General Business District), Chapter 1258 (Motorist Service District), and Chapter 1262 (General Industrial District), the Planning Commission shall consider the following standards and requirements in determining whether the outdoor sale or exchange of propane canisters shall be permitted, and if so, the scope of such use and the safeguards required by the Planning Commission:
A. The location of the outdoor propane sales/exchange area shall be fixed, and shall not adversely impact the safety of customers as related to pedestrian and vehicular circulation.
B. The outdoor propane area shall not obstruct egress at doors and exits in the event of fire or other calamity.
C. Fencing, caging, bollards and/or other structures shall be used to protect the storage area.
D. The design and color of outdoor propane storage areas shall be sensitive to building architecture and the location of the storage area.
E. The individual canister size shall not exceed twenty (20) pounds in volume, except in areas zoned General Industrial.
F. The total storage area shall not exceed the volumes set out in the Ohio Fire Code.
G. Tanks may be exchanged, but not filled at the site except in areas zoned General Industrial.
H. All tanks being stored must be undamaged, undented, not rusted, and in good condition.
I. There must be full compliance with all applicable Building Code and Fire Code requirements.
J. An annual permit must be obtained from the Fire Marshal pursuant to Codified Ordinances Section 1601.16.
(Ord. 2011-055. Passed 6-20-11.)
(10) Pawn Shops, Paraphernalia Stores, Vape Shops, Vaporizer Stores, Tattoo Parlors, Hookah Lounges, Smoke Lounges and Vapor Lounges. In addition to complying with all other requirements of this Zoning Code, these uses shall comply with the following requirements and standards:
A. No such use shall be established or operated within 500 feet of a school.
B. No such use shall be established or operated within 500 feet of an existing use of the same specific type.
C. No such use shall be operated or open for business between the hours of 12:00 midnight and 8:00 a.m.
(11) Safeguards and conditions, In addition to complying with the above general standards set forth in this section, conditions appropriate to each particular application may also be set forth in the permit.
(12) Approval. The approval of a conditional use permit shall become null and void if the construction of the building or site improvements are not started within a six-month period after date of approval.
(Ord. 2016-158. Passed 11-21-16.)