(i)    All portions of a lot not used for permitted structures, parking areas, driveways or walkways shall be properly landscaped with grass or other suitable vegetative ground cover. Foundation plantings shall be maintained along those portions of the dwelling unit that are visible from the public right-of-way. All landscaping shall be maintained in good condition.

   (j)   All newly constructed single-family dwelling units shall consist of 10% masonry (brick, stone, etc.) on the front facade on the principle street.

   (k)   Excessively similar. The exterior design or appearance of a new dwelling unit shall not be excessively similar to that of any other existing dwelling unit or for which a permit has been issued on a lot abutting on the same street of the proposed lot in respect to one or more of the following features of exterior design and appearance;

   (l)   The Planning Commission, serving in its capacity as the Design Review Board, shall hear any appeals of a determination of excessively similar by the Administrator,

(Ord. 16-19. Passed 9-16-19; Ord. 18-22. Passed 10-3-22.)

   Any use in the M-1 and M-2 Zoning Districts, and any conditional use established as a Business Park Development in the B-2 Zoning District, shall comply with the following specific standards and conditions:

(Ord. 16-19. Passed 9-16-19; Ord. 18-20. Passed 12-21-20.)

   Any Business Park (BP) Development shall comply with the following specific standards and conditions:

      (1)   Business Park uses shall consist of:

         A.   Laboratory or research facilities.

         B.   Light manufacturing and assembly uses.

         C.   Industrial sales/service establishments, but excluding (i) automobile and truck repair and equipment, (ii) rental yards, (iii) auto body shops or,( iv) contractor shops.

         D.   Offices; but limited to (i) offices which are associated with any permitted business use, (ii) offices which do not attract nor are primarily dependent upon walk-in traffic or business customers visiting the office, and specifically excluding banks and financial institutions, employment agencies, real estate agencies, and travel agencies.

         E.   Institutional uses, but limited to (i) government offices and facilities, and (ii) schools, universities and hospitals.

         F.   Similar use as determined in accordance with the requirements of Section 1113.06(c).

      (2)   Other commercial uses that are secondary, but supportive, to the permitted uses listed in division (c)(1) of this section. Such uses may be established in conjunction with or after the development of the permitted uses listed in division (c)(1) of this section, and shall be specifically limited to:

         A.   Brewpub, microbrewery or microwinery in accordance with Section 1115.08.

         B.   Hotel.

         C.   Restaurant, with no drive through facility.

         A.   Lot coverage: seventy-five percent or less of the total development area.

         B.   Landscape coverage: ten percent or more of the total development area including a screened area of the perimeter of the development area by fencing, earth berm, landscaped strip or a combination thereof as may be required by the Planning Commission.

         A.   From any street right-of-way: fifty feet.

         B.   From any interior or rear property line: ten feet for buildings forty-five feet or less in height, thirty feet for buildings greater than forty-five feet in height.

      (1)   Any materials, supplies, or equipment, including trucks or other motor vehicles, stored on site shall be in a completely enclosed building or screened by a durable material wall not less than six feet in height so as not to be visible from neighboring properties and streets.

      (2)   Any outdoor storage areas shall be located to the rear of any main building.

      (3)   Storage areas shall not extend into any setback area, nor shall such areas face a street.

      (1)   Any fence or wall constructed closer than thirty feet from the curb line of a fronting street shall be three feet in height or less.

      (2)   No fence or wall shall exceed a height of eight feet.

      (3)   Any fence or wall shall be designed as integrated parts of the overall architectural and site design. All materials shall be durable and finished in textures and colors complementary to the overall architectural design.

      (1)   At the time an application is made for a conditional use permit, the applicant shall submit with their application materials a Declaration of Covenants Conditions and Restrictions, which shall be used to control the use, development and maintenance of the land and the improvements thereon. These restrictions shall be a part of the conditional use application and shall be considered in the conditional use process. Any subsequent changes to the restrictions shall be approved by the Planning Commission.

      (2)   The Declaration of Covenants Conditions and Restrictions shall contain a set of development standards for the BP Development to supplement the requirements of this section and establish specific requirements for:

         A.   Architectural and design standards:

            1.   Site planning design criteria;

            2.   Building massing and form;

            3.   Materials;

            4.   Roofs;

            5.   Color and texture.

         B.   Landscape standards:

            1.   Overall landscape plan;

            2.   Parking lot landscaping.

         C.   Lighting:

            1.   Parking areas, access drives, internal vehicular circulation areas;

            2.   Service area lighting;

            3.   Building illumination and architectural lighting;

            4.   Pedestrian walk areas.

         D.   Signage.

      (3)   The Declaration of Covenants Conditions and Restrictions shall contain provisions for construction of improvements and maintenance responsibilities.

      (4)   The Declaration of Covenants Conditions and Restrictions shall not replace the standards of this section or result in standards that are less restrictive than those established in this section and elsewhere in the UPC unless specifically stated in this section.

(Ord. 18-20. Passed 12-21-20.)

   Any funeral home that operates a crematory facility shall comply with the following specific standards and conditions:

   (a)   A crematory facility shall be permitted only as an integral component of a licensed funeral home and in accordance with the requirements of R.C. Chapter 4717.

   (b)   A crematory facility 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. A crematory facility does not include an infectious waste incineration facility or a solid waste incineration facility.

   (c)   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.

   (d)   The scattering of cremated remains of dead human bodies or body parts at the funeral home site shall not be permitted.

   (e)   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 Ohio EPA Division of Air Pollution Control.

   (f)   Emission stacks shall be sensitively located and treated in a manner so as to be compatible with the funeral home's architectural design.

   (g)   Landscape screening of the funeral home/crematory facility from adjacent properties may be required, where appropriate.

   (h)   Building and site landscape improvement plans must be reviewed and approved by the Planning Commission.

   (i)   A crematory facility 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.

   (j)   The Planning Commission shall determine the distance that a crematory facility is set back from the property line of any single family residential use based on all of the facts that are presented during the hearing on the conditional use permit. The minimum setback from the property line of a residential use shall be at least 150 feet unless the Planning Commission determines a lesser setback can be used based on all of the facts that are presented during the conditional use permit hearing. However, the setback of the facility shall not be less than 50 feet after all facts are presented to the Commission.

(Ord. 11-21. Passed 5-3-21; Ord. 23-21. Passed 7-19-21.)

   Any recording studio shall comply with the following specific standards and conditions:

   (a)   Interior space shall be improved to allow the practice and recording of music and/or speech without the transmission of sound outside that space.

   (b)   External activity or noise generation shall not exceed the existing background noise level of the surrounding area.

   (c)   Mass reproduction, duplication or storage of recorded material for distribution, sale or promotion is prohibited. Incidental retail sales are permitted in accordance with Section 1119.13.

   (d)   Parking requirements shall be the same as for a personal service establishment.

(Ord. 12-21. Passed 5-3-21.)

   In addition to the conditional use requirements set forth in Section 1111.08, any dormitory proposed in the B-3 Zoning District shall comply with the following specific standards and conditions:

      (1)   Encourage the retention and productive reuse of structures whose useful life can be extended by allowing flexibility in approving their reuse while minimizing any secondary impacts to the surrounding properties.

      (2)   Maintain and enhance the feel of the B-3 District, by allowing dormitories in existing commercial buildings and thereby increase foot traffic and a walkable environment.

      (3)   Emphasize the traditional scale, character, and function of the city's downtown business district by maintaining commercial uses on the street level.

      (1)   Dormitories when located in an existing building greater than two stories in height that has been converted for such purpose.

      (2)   Common student dining hall, food courts, confectionaries, and lounges.

      (3)   Restaurants and small specialty retail, located on the first floor of the building, occupying in total not less than fifty percent of the first-floor area. The Planning Commission may reduce this requirement upon a finding that the proposed first floor area occupied by restaurants and retail uses meets the purpose of the B-3 District.

      (4)   Common outdoor open space. Open space existing on the site prior to building conversion shall not be reduced in area. Such open space may be for the enjoyment of student residents or it may be available to the general public. Additionally, structures for active or passive recreation, plazas, outdoor dining and public art may be located in such open space.

      (1)   The site shall be owned or leased by a recognized, established and operating institution of higher education which conducts a full-time program of educational instruction or occupied by students enrolled in an institution of higher education through an agreement with such institution. If the site is leased or occupied by students through an agreement, the Planning Commission shall review the lessee and/or the agreement and determine that they meet the requirements of an institution on higher education. Approval of a lessee or an agreement shall not be transferable without the approval of the Planning Commission.

      (2)   A minimum gross floor excluding any floor area designated for or designed to be used for retail or commercial per student resident shall be 400 square feet per bed; however, no room or suite shall have a floor area less than 70 square feet per bed.

      (3)   Each dormitory room or suite shall be provided with its own private sanitation facilities, with a minimum of one set of sanitation facilities for every four persons occupying such suites.

      (4)   Dormitory rooms or suites shall be separated from common areas that are open to the public with security features in place to control access.

      (5)   Provide for building access control systems that include the capability for remote monitoring from a campus location.

      (6)   Alteration of an existing property shall comply with the standards set forth in Chapter 1129 for the Historic Downtown Design Review District, and all other applicable code sections including applicable building code and fire code regulations. If Historic Tax Credits are utilized that approval process shall be accepted for the building design. In addition to the above the property shall comply with the following:

         A.   Retain floor plans and elements of the ground floor interior and public spaces that help define the character of the building.

         B.   Maintain and/or refurbish existing interior staircases.

         C.   Maintain ground floor windows facing the street as integral parts of the building.

         D.   Emphasize the main entrance to a building to delineate a clear point of arrival or entry. Alter entrance doors and door openings only as necessary to provide accessibility and security for the student residents.

         E.   Locate the main entrance along the primary public right-of-way corridor; additional entrances may be located in the side or rear of the building to allow for service access or additional resident entrance.

      (7)   The building conversion shall address structural defects or hazards, including but not limited to, the following:

         A.   Footings or foundations that are weakened, deteriorated, insecure or inadequate, or of insufficient size to carry imposed loads with safety.

         B.   Members of walls or other vertical supports that split, lean, list, buckle, or are of insufficient size or strength to carry imposed loads with safety.

         C.   Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, buckle, or are of insufficient size or strength to carry imposed loads with safety.

         D.   Fireplaces or chimneys that list, bulge, settle, or are of insufficient size or strength to carry imposed loads with safety.

      (1)   The Planning Commission shall encourage conversion of existing structures in B-3 District in the spirit of their existing architectural style.

      (2)   The Planning Commission shall be flexible in its judgment of plans for conversion of structures, sites, and areas of little historic or cultural value except where such conversion would seriously impair the historic value and character of surrounding structures or of the surrounding area.

      (3)   In the event that the existing constraints of the site prevent the reasonable compliance with this section, the Planning Commission may approve the conversion as being compliant to the greatest extent possible. Such approved conversion shall not be considered nonconforming following completion of the conversion.

      (4)   In its considerations of whether an application is approved the Planning Commission may consider the costs for a particular action or inaction may be unreasonable given existing conditions of a structure, site, or area.

      (5)   The Planning Commission may modify the development standards of this Section 1115.27 provided that such modifications are consistent with the intent of the B-3 District.

(Ord. 31-21. Passed 12-6-21.)

      (1)   Event or special event - An event is a celebration, ceremony, wedding, reception, corporate function, or similar activity for the benefit of someone other than the property owner that takes place on a periodic basis, involving the gathering of individuals assembled for the common purpose of attending a special event.

      (2)   Event center - An event center is a facility where special events are permitted to occur under this section. Event center facilities (facilities) are subject to a use agreement between a private group or individual and the facility owner. The facility owner may or may not charge a fee for the use of the facility such as for a fundraiser for a charitable non-profit organization. Facilities may operate entirely within a structure, outside of a structure, or both inside and outside a structure. Facilities must include improvements to accommodate special events, including access and circulation improvements, parking areas, water supplies and sewer systems, gathering areas, and other physical improvements necessary to accommodate special events.

      (1)   Apply for and receive a conditional use permit as outlined in Section 1111.08 of the Unified Development Code. In addition to the information outlined for the conditional use permit application in Section 1111.08(a) the applicant shall submit a security plan for all events, a parking plan, a general layout of where events will be held if outdoors, indicate how food preparation will be managed, the anticipated maximum number of events per month and any other information necessary to meet the standards of this section.

         A.   Mentor Avenue - Western corporation line to Liberty Street.

         B.   Washington Street - Mentor Avenue to Liberty Street.

         C.   Erie Street - Watson Street to eastern corporation line.

         D.   Liberty Street - Washington Street to Walnut Street.

      (3)   Is located within the B-3 Central Business District or a B-1 District.

         A.   The minimum lot area for the establishment of an event center shall be a minimum of one acre in the R-1 and R-2 Zoning District.

         B.   The minimum lot area in the B-3 and B-2 Zoning Districts shall be three quarters (.75) of an acre.

         D.   No camping or other outdoor overnight stay shall be permitted on the property.

         A.   The bed and breakfast or inn owner or their duly authorized representative shall provide contact information to the City of Painesville in case issues arise as a result of a special event. The City Manager shall provide a list of authorized personnel that may access the property during exterior events to confirm compliance with all regulations as a result of a complaint.

         B.   May he scheduled until 9:00 p.m. Monday through Thursday until 11:00 p.m. Friday and Saturday and until 8:00 p.m. on Sunday and limited to 125 persons or the designated building occupancy of the bed and breakfast or inn at any one time. Exceptions to the hours of operation may be granted upon review and approval by the Planning Commission.

(Ord. 33-21. Passed 12-6-21; Ord. 22-22. Passed 10-17-22.)

   In addition to conditional use requirements of Section 1111.08, any freestanding cell tower, in the M-1 Light Industrial District and M-2 Industrial District comply with the following specific standards and conditions:

   (a)   Definition: Any commercial freestanding pole or tower that is located outside of the public right-of-way having one or more antennas attached and by which signals are transmitted and received.

   (b)   All telecommunication towers, support structures, and associated facilities shall be enclosed within a minimum six-foot-high fence or barrier and a continuous evergreen hedge a minimum of 30 feet in height on the outside of the fence or barrier. Applicant is responsible for installation and maintenance of the fence or barrier and hedge.

   (c)   Proof shall be provided by the applicant in a form satisfactory to the Administrator that the proposed installation has been approved by and will be operated in compliance with all agencies and governmental entities having jurisdiction, including but not limited to the Ohio Department of Transportation, the Federal Aviation Administration, the Federal Communications Commission or the successors to their respective functions.

   (d)   Lights, beacons or strobes of any kind shall not be permitted on any tower, antenna, or facilities unless required by the Federal Aviation Administration. Any such requirements must be presented to the Administrator prior to approval of the facility. Furthermore, telecommunication towers which would require special painting or lighting by the FAA regulations are discouraged.

   (e)   Setback requirements. Towers shall be located no closer than 250 feet from any residential zoning district line, and no closer than 100 feet to a public street right of way and no closer to any property lines than 25% of the height of the proposed tower unless an exception is granted by the Planning Commission.

   (f)   The minimum steeps a parcel on which a tower is located shall be one acre and no more than one tower may be located on a parcel.

   (g)   No advertisement of any kind shall be installed on telecommunication towers and/or facilities.

   (h)   The towers shall be painted a non-contrasting gray or similar color minimizing their visibility, unless otherwise required by the Federal Communications Commission or Federal Aviation Administration. When permitted as a special exception, the Planning Commission may require an alternative tower structure to blend into the existing environment. The towers and accessory structures shall be well maintained.

   (i)   Towers shall be 200 feet or less in height.

   (j)   The Planning Commission shall consider the following factors in determining whether the application should be approved:

      (1)   Compliance with the requirements of this section;

      (2)   Height of the proposed tower or facility and its proximity to residential structures and residential districts;

      (3)   Nature of the potential for adverse effects on uses on adjacent and nearby properties;

      (4)   Relationship of surrounding topography to the view from nearby properties;

      (5)   Surrounding tree coverage and foliage and the ability to screen the facilities from the view of nearby properties;

      (6)   Design of the tower or facility, with particular regard to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

      (7)   Proposed ingress and egress for maintenance, safety, and prohibition of nuisances;

      (8)   Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, with regard to the following:

         A.   New towers shall be approved only when other preferable alternatives are not available. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Commission that no existing tower, structure, or alternative technology is available to fill the communication requirements.

         B.   An applicant shall submit required information for review by the Planning and Zoning Commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

            1.   No existing towers or other suitable structures are located within the specific geographic limits meeting the applicant's engineering requirements.

            2.   Existing towers or structures either do not have sufficient height to meet the applicant's engineering requirements, or have insufficient structural strength to support the applicant's proposed antenna and related equipment.

            3.   The applicant's proposed antenna would cause frequency interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

            4.   The fees, costs, or contractual provisions required by the owner in order to share or to adapt for sharing an existing tower or structure, are unreasonable. Costs that would exceed new tower development is an example of what may be presumed to be unreasonable.

            5.   The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

            6.   The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a DAS or CMN using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable, but may be considered as a factor in the decision.

            7.   The applicant provides documentation that other tower owners were contacted in writing demonstrating the above considerations.

   (k)   In granting a conditional use, the Planning and Zoning Commission may impose conditions to the extent necessary to minimize any adverse effect of the proposed, tower or antenna support structure, on adjoining properties or to meet the review considerations of this section.

(Ord. 18-22. Passed 10-3-22.)

   Places of worship located in the B-2 General Business District and B-3 Central Business District shall be a conditional use. In addition to the conditional use requirements of Section 1111.08, a place of worship shall meet the following requirements and development standards.

   (c)   A place of worship shall not be permitted in a multi-tenant building.

(Ord. 18-22. Passed 10-3-22.)

   In addition to the requirements for a conditional use permit in Section 1111.08, Agricultural Use shall comply with the following:

   (a)   Lot size: a minimum of five acres of land shall be required.

   (b)   All accessory buildings for any agricultural use shall be located a minimum of 25 feet from any side or rear property line. No accessory buildings shall be permitted in any front setback. Trailers, parked vehicles, mobile homes or other similar structures, whether affixed to the ground or not, shall not be permitted accessory structures.

   (c)   All vehicles associated with the implementation of an agricultural business shall be maintained inside an accessory structure.

   (d)   The use shall comply with the requirements of Chapter 518 of the Painesville Code of Ordinances, as applicable.

   (e)   Areas for composting shall be maintained a minimum of 50 feet from any side or rear property line.

   (f)   Residential dwellings shall not be permitted as an accessory use to the agricultural main use.

(Ord. 11-24. Passed 4-15-24.)

   (a)   In addition to the conditional use requirements set forth in Section 1111.08, any extraction or deposit of mineral resources, including soil, shall comply with the following specific standards and conditions:

      (1)   Soil shall only be permitted to be extracted or deposited to create a buildable or developable parcel.

      (2)   No permit shall be issued unless a plan is submitted indicating how the property will be developed after the extraction or deposit of the natural resource.

      (3)   The plan shall indicate the grading on the adjacent properties and any potential impacts to those parcels.

      (4)   Parcels that are adjacent to either S-1, R-1, R1-60 or R-2 shall provide buffering and screening of the properties so zoned. The buffer shall be a minimum of 20 feet in depth and shall contain a plant material which is a minimum of 75% evergreen. Solid fencing and screening may be permitted by the Planning Commission as a buffer provided that a minimum of 20 feet of buffer is provided.

      (5)   The applicant shall comply with the standards set forth in Chapter 1143 related to erosion and sediment control.

      (6)   The applicant shall comply with the requirements of the Ohio EPA and Lake County Soil and Water Conservation District and present evidence of such compliance.

      (7)   The applicant shall indicate that the extraction or deposit of soil will not hinder, impede or in any way impact the delivery of all utilities to the site or impact the public right-of-way.

   (b)   The Commission shall make a finding that the removal or deposit of natural material will not have a negative impact on the adjacent property, the utilities or right-of-way and that the removal or deposit of the soil is necessary for the future developability or buildability of the site. The Commission may request information and the opinion of the City Engineer or other qualified professional in making this determination. The Commission may waive or modify any of the standards and conditions based on the specific circumstances of the site.

(Ord. 21-24. Passed 6-3-24.)

   (a)   Medical marijuana dispensaries may be located only in a B-2 Zoning District as a conditionally permitted use, and medical marijuana cultivation and processing facilities may be located in the M-1 and M-2 Districts as a conditionally permitted use pursuant to Section 1111.08 and in accordance with the restrictions contained in this section.

   (b)   No medical marijuana dispensaries, and cultivation and processing facilities may be established or operated within 500 feet of a school, church, public library, public playground, or public park in the City.

   (c)   No medical marijuana dispensary and cultivation and processing facilities may be established, operated or enlarged within one mile of another medical marijuana dispensary or cultivation and processing facility.

   (d)   For the purpose of divisions (b) and (c) of this section, measurement shall be made from the nearest portion of the building or structure used as the part of the premises where a medical marijuana dispensary or cultivation and processing facility is conducted, to the nearest property line of the premises of a medical marijuana dispensary or a school, church, public library, public playground, or public park.

   (e)   No more than one medical marijuana dispensary or cultivation and processing facility shall be permitted within the City for every one square mile of the City.

   (f)   Applicants must verify that they are in compliance with all requirements of the State of Ohio for licensing when submitting for a conditional use permit.

   (g)   If approved as a conditional use and prior to opening the facility the owner shall provide a security plan to the Police Department, name, address and contact information for the facility manager, and a floor plan for the facility.

   (h)   Applicant shall maintain a valid State of Ohio License for a Medical Marijuana Dispensary.

   (i)   Conditional use permits are not transferable.

(Ord. 36-24. Passed 11-4-24.)

   (a)   Adult use cannabis (marijuana) dispensaries may be located only in a B-2 Zoning District as a conditionally permitted use pursuant to Section 1111.08 and in accordance with the restrictions contained in this section.

   (b)   Adult use cannabis (marijuana) cultivation facilities may be located only in a M-1 or M-2 District as a conditionally permitted use pursuant to Section 1111.08 and in accordance with the restrictions contained in this section.

   (c)   Adult use cannabis (marijuana) testing laboratories may be located only in a M-1 or M-2 District as a conditionally permitted use pursuant to Section 1111.08 and in accordance with the restrictions contained in this section.

   (d)   Adult use cannabis (marijuana) processing facility may be located only in a M-1 or M-2 District as a conditionally permitted use pursuant to Section 1111.08 and in accordance with the restrictions contained in this section.

   (e)   No adult use cannabis (marijuana) cultivation facilities, dispensaries, processing facilities or testing laboratories may be established or operated within 500 feet of a prohibited facility, which includes a school, church, public library, public playground, or public park in the City.

   (f)   For the purpose of division (d) of this section, measurement shall be made from the nearest portion of the building or structure used as the part of the premises where an adult use cannabis (marijuana) cultivation facility, dispensary, or testing laboratory is conducted, to the nearest property line of the premises of an adult use cannabis (marijuana), cultivation facility, dispensary, or testing laboratory, or a school, church, public library, public playground, or public park.

   (g)   No more than one adult use cannabis (marijuana) cultivation facility, dispensary, processing facility or testing laboratory shall be permitted within the City for every two square miles of the City.

   (h)   Applicants must verify that they are in compliance with all requirements of the State of Ohio for licensing when submitting for a conditional use permit.

   (i)   If approved as a conditional use and prior to opening the facility the owner shall provide a security plan to the Police Department, including name, address and contact information for the facility manager, and a floor plan for the facility.

   (j)   Applicant shall maintain a valid State of Ohio License for an Adult Use Cannabis (Marijuana) cultivation facility, dispensary, or testing laboratory.

   (k)   Conditional use permits are not transferable.

(Ord. 37-24. Passed 11-4-24.)

   Small box discount stores must comply with the following specific standards and conditions:

   (a)   No more than one store within a circumference of one mile of each other.

   (b)   Current stores in the City are grandfathered. If a store chooses to move locations, it must comply with distance requirements.

   (c)   Nonresidential uses in the B-2 District shall be required to meet the standards of any applicable Design Review District and shall also be required to meet the design elements from Section 1117.10.

(Ord. 38-24. Passed 11-4-24.)

   In addition to the conditional use requirements set forth in Section 1111.08, vape/e-cigarette stores shall comply with the following specific standards and conditions:

   (a)   Not permitted within 500 feet as measured from property lines from another facility selling vape/e-cigarette products, schools, churches, and parks.

   (b)   New facilities shall not use more than 10% of the overall retail square footage space in the store for the display and/or sale of vape/e-cigarette devices and products.

   (c)   Current stores in the City selling vape/e-cigarette devices and products are grandfathered and must register with the City identifying their business as a location of vape/e-cigarette sales. Businesses must register with the City within 30 days of notification of the requirement. If a store chooses to move locations, it must comply with all requirements of this section.

   (d)   Business is not allowed in a standalone building, and only permitted within a plaza mall or multi-tenant building.

   (e)   The business is to have limited hours of operation as determined by the Planning Commission.

   (f)   No flashing or electronic lights to be used to advertise vape/e-cigarette products.

   (g)   Signage in front windows must comply with requirements of Chapter 1127 Signs in the Unified Development Code.

   (h)   Nonresidential uses in the B-2 District shall be required to meet the standards of any applicable Design Review District and shall also be required to meet the design elements from Section 1117.10.

(Ord. 39-24. Passed 11-4-24.)

   (a)    In each zoning district the following minimum requirements shall apply unless otherwise modified in this Code. Minimum floor areas and setbacks shall apply to the main structure. The front setback shall be as noted on the Setback Maps as maintained in the office of Community Development.

 

(Ord. 16-19. Passed 9-16-19; Ord. 08-22. Passed 6-6-22; Ord. 18-22. Passed 10-3-22.)

   (b)   The ordinary projections of sills, belt courses, cornices, chimneys, and ornamental features may extend not more than 18 inches into the required rear yard.

   The height regulations prescribed herein shall not apply to televisions and radio towers, church spires, belfries, monuments, tanks, water and fire towers, cooling towers, stage towers or scenery lofts, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors and flag poles, provided that: