709.04 SPACING REQUIREMENTS FOR REGULATED USES.

   (a)   It shall be unlawful to establish the following uses, hereinafter referred to as regulated uses, within 500 feet of each other:

      (1)   Adult bookstores;

      (2)   Adult theater or moviehouses;

      (3)   Establishments for the sale of beer or intoxicating liquor for consumption on the premises except for D5J permits;

      (4)   Adult cabarets;

      (5)   Establishments with a segment or section devoted to the sale of packaged liquor, beer and/or wine, for consumption off the premises;

      (6)   Pool or billiard halls;

      (7)   Secondhand stores;

      (8)   Payday lending establishments (Establishments engaged in the business of making loans pursuant to Ohio R.C. 1321.35 to 1321.48 or assisting borrowers to obtain such a loan);

      (9)   Tattoo parlors;

      (10)   Internet game cafes;

      (11)   Sweepstakes business.

         (Ord. 11-53. Passed 4-6-11.)

   (b)   The 500 feet stated hereinabove, shall be determined by measuring the distance from the nearest property line of the land on which an existing regulated use is located to the nearest property line on which the proposed regulated use is to be located.

   Uses beyond the limits of the City that would be deemed regulated uses if located within the City shall be considered in determining if the proposed use is within 500 feet of another regulated use.

   (c)   The prohibition contained in subsection (a) hereof may be waived through either of the two following procedures:

      (1)   The applicant shall address his application for waiver to the City Planning Commission. The Commission shall make a recommendation to Council to grant or refuse the waiver. In voting upon the recommendation to Council, the Commission members shall take into account the intent of this chapter and the following factors:

         A.   Whether the proposed use will be contrary to the public interest or injurious to nearby properties.

         B.   Whether the proposed use will enlarge or encourage the development of a "skid row" area.

         C.   Whether the establishment of an additional regulated use in the area will be contrary to any program of urban renewal.

   If the Planning Commission recommends the waiver of the locational restriction contained in subsection (a) hereof, Council may waive the restriction by the concurrence of at least a majority of the members elected to Council. If the Commission does not recommend the waiver of the locational restriction contained in subsection (a) hereof, Council may waive the restriction by a concurrence of at least three-fourths of the members elected to Council. An applicant may not make an application for waiver more than once in a six-month period.

   The applicant shall address his application for waiver to the Commission along with a petition which indicates approval of the proposed regulated use by more than fifty percent (50%) of the adult persons owning property, residing, or doing business in Youngstown within a radius of 500 feet of the location of the proposed use. The application shall contain a statement that the applicant attempted to contact all persons listed above. The application must disclose all addresses at which persons either refused to sign the petition or no contact was made, and likewise disclose all property owners and business owners who refused to sign the petition or could not be contacted. If the Commission is satisfied from its review of the application and petition that more than fifty percent (50%) of the adult persons owning property, residing or doing business in Youngstown within a radius of 500 feet of the location of the proposed use have indicated their approval of the proposed regulated use, it shall grant the waiver.
(Ord. 05-212. Passed 7-20-05.)