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Seven Hills City Zoning Code

CHAPTER 921

Conditional Use Standards

921.01 CONDITIONAL USE PURPOSE AND APPLICATION REQUIREMENTS.

   (a)   Purpose. The purpose of this chapter is to establish the procedure for the review and consideration of approval of conditionally permitted uses as identified in the Land Use Matrix Table in Section 907.06. These conditional use standards are necessary because of the considerable impact these land uses may exhibit on surrounding properties or the greater community.
   (b)   Conditional Use Application Requirements. An application for a conditional use permit must be filed with the Building Commissioner by at least one (1) owner or lessee of property upon which a conditional use exists or is proposed. At a minimum, the application shall contain the following information:
      (1)    Name, address, phone number and email address of the applicant.
      (2)    A legal description of the property.
      (3)    A detailed description of the existing use and proposed use.
      (4)    The zoning district in which it is located.
      (5)   A written narrative statement evaluating the effects on adjoining property; the effect of those elements such as noise, glare, odor, fumes, and vibration on any adjoining or nearby property and a discussion of the general compatibility with adjacent land uses.
      (6)   If a proposed conditional use meets the requirements for a Development Plan application submission as provided for in Chapter 925, the conditional use application shall also contain those applicable Development Plan application requirements.
         (Ord. 03-2025. Passed 2-11-25.)

921.02 CONDITIONAL USE PERMIT APPLICATION PROCEDURE.

   (a)   Public Hearing Required. Prior to authorizing a conditional use, the Planning Commission shall conduct a public hearing in accordance with the procedure set forth in this Section 903.04.
   (b)   Application Submittal. An application for a conditional use permit shall be submitted to the Building Commissioner. If the application is deemed to be complete, the Building Commissioner shall transmit the application to the Planning Commission for review and consideration.
   (c)   Planning Commission Action. The Planning Commission shall make a final determination on a conditional use application request pursuant to the applicable review standards for conditional uses as set forth in Section 921.03 of this Zoning Code.
   (d)    Conditions. The Planning Commission, as part of an affirmative vote, is authorized to attach reasonable conditions to a conditional use permit application to meet the overall spirit and intent of the zoning district for which the conditional use is proposed to be located, and to comply with the objectives of this Zoning Code, the Seven Hills Master Plan or any other relevant planning document.
   (e)   The Building Commissioner shall issue a conditional use permit following the public hearing and upon an affirmative vote by the Planning Commission that such conditional use satisfies the requirements of this chapter and all other applicable standards found within this Zoning Code.
(Ord. 03-2025. Passed 2-11-25.)

921.03 CONDITIONAL USE APPLICATION REVIEW STANDARDS.

   (a)   In reviewing any application for a conditional use permit, the Planning Commission shall consider whether there is adequate evidence that the proposed conditionally permitted use is consistent with the following review standards:
      (1)   The proposed use is an identified conditional use as established under the provisions of the zoning district use regulations as set forth in the Land Use Matrix Table in Section 907.06.
      (2)   The proposed use will be harmonious with and in accordance with the general objectives or with any specific objective of the Zoning Code, Master Plan or any other relevant planning document.
      (3)    The proposed use will be designed, constructed, operated, and maintained in a manner that is appropriate and compatible in appearance with the existing or intended character of the general vicinity and such use will not change the essential character of the same area.
      (4)    The proposed use will not be hazardous or disturbing to existing or future residential land uses.
      (5)    The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
      (6)    The proposed use will not involve uses, activities, processes, materials, equipment, or operations that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
      (7)    The proposed use will have vehicular access to the property which shall be designed as not to create an interference with the traffic level of service nor create increased traffic safety risks on surrounding public or private roadways.
      (8)    The proposed use will not impede the normal and orderly development and improvement of the adjacent properties and surrounding area for uses permitted in the zoning district.
   (b)   Off-Street Parking and Loading Requirements. When applicable, minimum standards for parking and loading shall be as required in Chapter 927, Off-Street Parking and Loading Facilities, of this Zoning Code.
   (c)   Buffering and Screening Requirements. When a conditional use includes fields, courts, or any outdoor business or non-business related operations or activities within any required yard, such areas shall be setback at least ten (10) feet from a side or rear lot line of an adjacent or abutting residential zoning district or residential land use and twenty (20) feet from an adjoining public or private street. Within such setback areas, there shall be constructed and/or suitably planted buffer screening so as to effectively screen such fields, courts or other outdoor activity areas in one or a combination of the following methods:
      (1)    Landscaping which shall include substantial dense, all-season plantings at least four feet (4') high, covering the entire length of the required setback area; or
      (2)   Substantially solid wall or fence erected to a height of not less than four feet (4') nor more than six feet (6'), with accompanying landscaping; or
      (3)    When unique physical conditions and circumstances exist due to the topography, existing structures or existing landscaping and such conditions and circumstances provide an alternative method of effectively screening the fields, courts or other outdoor activity areas, the manner of screening may be modified to incorporate those unique physical conditions and circumstances as approved by the Planning Commission.
      (4)   A conditional use shall also satisfy any applicable landscaping, bufferyard or screening requirements set forth in Chapter 929. In the event of a conflict between regulations, the regulations set forth in this Conditional Use chapter shall control.
   (d)   When applicable, minimum standards for architectural design or exterior material requirements and site design guidelines provided for in the zoning district for which the proposed conditional use may be located shall apply.
   (e)   The specific standards, as set forth in Section 921.04, shall also be satisfied for those identified conditional uses.
(Ord. 03-2025. Passed 2-11-25.)

921.04 SPECIFIC STANDARDS FOR EACH CONDITIONAL USE.

   (a)   The specific standards set forth in this Section shall be imposed on certain conditional uses. Additional requirements may be imposed by the Planning Commission if deemed appropriate and reasonable to meet the spirit and intent of this Zoning Code, the Master Plan and any relevant planning document.
      (1)   In granting any conditional use permit, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Zoning Code.
   (b)   Animal Service Facility.
      (1)   All activities, with the exception of animal exercise yards, shall be conducted within a fully enclosed building.
      (2)   Buildings containing an animal service facility shall be located no closer than two hundred feet (200') from any residential zoning district or any parcel used in a residential manner.
      (3)   Any permitted outdoor animal exercise areas shall be located a minimum of five hundred feet (500') from any residential zoning district or any parcel used in a residential manner.
      (4)   The operator of an animal service facility shall be responsible for using good management practices to discourage undesirable odors, insects, and excessive noise.
      (5)   Rooms intended to accommodate animals must be insulated, or otherwise soundproofed and vented to ensure noise levels are consistent with the specific performance standards set forth in this Zoning Code.
      (6)    The facilities, including all structures, shall be screened with appropriate vegetation or    solid walls from all public rights-of-way and adjacent residential uses or zoning districts.
      (7)   The Planning Commission shall have the authority to require such additional fencing, screening, and/or other measures it deems necessary to protect the health, safety, and welfare of people adjacent to an animal facility, or to deny a request to locate a facility in such areas, based on health and safety considerations.
      (8)   The Planning Commission may also impose other reasonable conditions and limitations it deems necessary to prevent or mitigate possible nuisances, such as noise and odor, including limiting the number of animals on the premises.
      
   (c)    Automated Teller Machines (ATMs).
      (1)   No stand-alone automated teller machine structure nor any portion of an automated teller machine constructed as part of a building façade shall exceed fifteen feet (15') in height.
      (2)   All structures and activity areas, except off-street parking, shall be located no less than fifty feet (50') from all lot lines abutting any residential zoning district or residential land use and no less than thirty-five feet (35') from all lot lines abutting non-residential zoning districts.
      (3)   The Planning Commission may require that a photometric analysis be provided in order to ensure that the foot candle measurement at any property line abutting against any residential land use or residential zoning district does not exceed .5 foot candles.
   (d)    Automotive Sales.
      (1)   The minimum lot size shall be four (4) acres.
      (2)   The building setback for such establishments shall be located a minimum of one hundred fifty feet (150') from any adjacent residential zoning district or residential land use and the minimum parking setback shall be fifty feet (50') from any adjacent residential zoning district or residential land use.
      (3)   All work shall be performed entirely within an enclosed building. During the time work is performed on a vehicle, the vehicle shall be entirely within the enclosed building.
      (4)   Vehicle parking areas, vehicle and equipment storage areas, maneuvering lanes and access ways to public streets shall be designed to cause no interference with the safe and convenient movement of automotive and pedestrian traffic.
      (5)   No scrap metal, scrap or salvaged parts, junk vehicles nor used oil, antifreeze, transmission or other such fluids shall be stored above ground on the site.
      (6)   Parking areas shall not exceed the required number of off-street parking spaces set forth in Chapter 927, Off-Street Parking and Loading Facilities.
      (7)   Any proposed loudspeaker system shall be approved as part of the site plan and may require conditions regulating the hours of usage and maximum decibel levels.
   (e)    Automotive Gasoline Station.
      (1)   Location Requirements.
         A.   When adjoining a residential zoning district or parcel used for a residential purpose, there shall be no incidental servicing of any motor vehicle after 9:00 p.m, except in a wholly enclosed area of the station. In no event shall there be motor vehicle repairs between the hours of 11:00 p.m. and 7:00 a.m.
      (2)   Setbacks.
         A.   All buildings shall be located not less than one hundred feet (100') from the nearest street right-of-way line.
         B.   Gasoline pump islands may be placed in front of the established building line, but not less than thirty-five feet (35') from the front lot line.
         C.   All structures and activity areas, except off-street parking, gasoline pump islands and canopies shall be located no less than forty feet (40') from all lot lines.
         D.   Canopies shall be located no closer than fifteen feet (15') from any street right-of-way.
         E.   Where the property abuts any residential zoning district or residential land use, all structures shall be set back a minimum of fifty feet (50') from the property line.
         F.   Gasoline pumps constituting part of an automotive gasoline station may be erected in a front yard but shall not be less than fifteen (15) feet from the right-of-way line.
      (3)    No structure shall exceed twenty-five feet (25') in height, unless a more restrictive applicable height standard is set forth in this Code for a specific type of structure.
      (4)   Canopy Standards.
         A.   No structure, excluding pumps, shall be constructed underneath a canopy, unless such structure meets all setback and yard requirements for buildings in this Zoning Code.
         B.   The maximum height of a canopy shall not exceed seventeen feet (17').
         C.   The maximum lot coverage of the zoning lot covered by all buildings and canopies shall not exceed thirty percent (30%).
         D.   All canopy lighting shall be recessed.
         E.   Signs erected on a canopy are subject to the applicable regulations set forth in Chapter 171 of the Codified Ordinances. Such signs erected thereon shall be deemed to be canopy signs as set forth in this Code.
         F.   The canopy design, including any structural support, shall be approved by the Planning Commission, taking into consideration the design and architectural features of the main building and the adjacent structures.
         G.   The structure supporting a canopy shall be wrapped in brick material.
      (5)   The front lot line, in the case of corner lots, and the side lot line shall be delineated by a curb of concrete and the area between such curb and the adjacent street right-or-way is suitably landscaped and maintained.
      (6)   There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five feet (35') in width.
         A.   All driveways, platforms and curbs of the gasoline stations, whether located on a public or private roadway, shall be designed in accordance with the latest revision of "Regulations Governing Ingress and Egress at Gasoline Service Stations Fronting on all Highways under State Jurisdiction in Ohio", adopted by the Ohio Department of Transportation.
      (7)   Lubrication, washing and other incidental servicing of motor vehicles and all storage shall be completely within an enclosed building except as otherwise provided herein.
      (8)   Lighting, including permitted illuminating signs, shall be arranged so as not to reflect or cause glare that would constitute a nuisance to any residential land use or hazard to traffic on any public thoroughfare.
      (9)   Employee vehicles and vehicles awaiting servicing or return to customers following servicing shall be parked in areas indicated for such parking on the approved    Development Plan. Such parking areas shall be located no less than fifty feet (50') from the road right-of-way.
      (10)   The sale of food, beverages, (alcoholic or non-alcoholic) and merchandise, goods or commodities not related to the furnishing of gasoline or service to motor vehicles is permitted.
      (11)   The sale or lease of motor vehicles or trailers shall be prohibited.
      (12)   No semi-trailer truck parking stalls or refueling stations are permitted.
      (13)   The permanent or temporary outdoor storage of any materials, parts or the outdoor display of goods and merchandise for sale shall be prohibited, unless otherwise provided for in this Zoning Code.
         A.   The storage of non-operational vehicles for longer than a twenty-four (24)-hour period shall only be permitted for automotive body and major repair businesses. Such storage shall be permitted if stored in the rear yard and screened by a solid wall or fence with a minimum height of five feet (5').
      (14)   No automotive gasoline station shall operate in the City as a totally self-service station.
      (15)   Notwithstanding any other provision of this Zoning Code relating to the development and operation of automotive gasoline stations, no signs, product displays, parked vehicles or other obstructions which adversely affect visibility at intersections or at station driveways shall be permitted.
      (16)   Underground tanks must be removed if the property is to be converted to another use.
      (17)   There shall be no more than three (3) motor vehicles parked overnight, except within the enclosed area of the gasoline filling station.
      (18)   The areas immediately adjacent to all fuel pumps as well as all driveway aprons shall be surfaced with concrete. All other driveway, parking and outdoor service areas shall be surfaced with either concrete or asphalt in accordance with current State of Ohio standards.
      (19)   Abandonment Procedure. The following shall regulate the abandonment of automotive gasoline and automotive gasoline stations:
         A.   If any automotive gasoline station is abandoned or inoperative for a period of at least one hundred eighty (180) days, such station shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property or general welfare of the community and shall be abated.
         B.   Such abandoned or inoperative condition shall be abated within sixty (60) days after receipt of notice from the City either by placing the station in operation in accordance with this Section and other applicable laws and regulations of the City and State, adopting and using the building or structure for another permitted use in the district in which it is located, or by razing the station, removing the pumps and signs, abandoning the underground storage tanks in accordance with safe accepted practices as prescribed by the National Fire Protection Association and filling depressions to the grade level of the lot; however, if the station is in operation at the time notice is given and remains in operation for ninety (90) consecutive days thereafter, the provision of this division shall not apply.
         C.   Whenever the Building Commissioner shall find any automotive gasoline station to be abandoned, the Building Commissioner shall give notice in the same manner as service summons in civil cases, or by certified mail addressed to the owner of record of the premises at the last known address to which tax bills are sent, or by a combination of the foregoing methods.
         D.   An abandoned automotive gasoline station site shall comply with any applicable Federal or State of Ohio Environmental Protection Agency laws, rules and provisions prior to being granted a non-abandoned status by the Building Commissioner.
         E.   The owner of the station shall be required to consistently maintain the premises.
         F.   On the failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Building Commissioner may take action as may be necessary to abate such nuisance.
   (f)   Automotive Repair Facilities. An automotive repair facility shall comply with the following standards.
      (1)   An enclosed automotive repair facility customer service area shall not exceed four percent (4%) of the repair facility land area or fifteen hundred (1,500) square feet, whichever is less.
      (2)   The customer service area shall be used for carry-out sales only. No seating areas for customers or food consumption on the premises is permitted.
      (3)   Automotive repair facilities shall provide delineated off-street parking spaces at the rate of not less than five (5) spaces per one thousand (1,000) square feet of enclosed customer service area.
      (4)   Automotive repair facilities with automotive service bays shall provide delineated off-street parking spaces at the rate of not less than three (3) nor more than five (5) spaces per service bay. One (1) vehicle may be stored within the service bay resulting in a total of six (6) vehicles per bay. No unenclosed vehicle shall remain for any period exceeding a continuous seventy-two (72) hours.
      (5)   No merchandise shall be stored or sold on the site except in a fully enclosed building.
      (6)   All activities, including repair, maintenance and painting of automotives, shall be conducted within a completely enclosed building, except for off-street parking as regulated by Chapter 927.
      (7)   No more than one (1) door or other building opening used by a vehicle to access the enclosed service areas for any automotive repair facility shall face or be visible from any public or private street upon which such facility has frontage. The location of such vehicle door or opening shall be approved by the Planning Commission.
   (g)   Automotive Washing Facilities.
      (1)   Automotive washing facilities shall be permitted only as an accessory use to a principal land use. Such principal use shall have a minimum fifty thousand square foot (50,000 sq. ft.) building footprint size and be located on a single parcel.
      (2)   The automotive washing facility shall be located on the same parcel as the principal building and may be either connected to the principal building or free-standing.
      (3)    All water from the washing facilities or automotives shall be drained on the lot and shall not drain onto adjacent property or public rights-of-way.
      (4)   Any automotive washing structure or related activities shall be located at least three hundred feet (300') from any adjacent residential zoning district or residential land use and shall be adequately screened.
      (5)   All washing facilities shall be located entirely within an enclosed building, except that entrance and exit doors may be left open during the hours of operation.
      (6)   Vacuuming and/or steam cleaning equipment may be located outside a building, but shall not be placed in any yard adjacent to a residential zoning district or a residential land use.
      (7)   No more than one (1) automotive wash bay shall be allowed.
            (8)   The automotive wash facility shall be designed to be an integral part of the principal building or if freestanding shall be designed with the same materials as the principal structure.
            (9)   Automotive wash facilities shall not be installed within existing multi-tenant buildings.
      (10)   The automotive wash facility shall not be of a self-service type.
   (h)    Educational Institutions.
      (1)   The minimum lot area shall be five (5) acres for elementary schools, ten (10) acres for junior high schools and fifteen (15) acres for senior high schools.
      (2)   No structure shall exceed forty feet (40') in height.
      (3)   All structures and activity areas, except off-street parking, shall be located no less than forty feet (40') from the front lot line and no less than one hundred feet (100') from all other lot lines. Where the property abuts any residential zoning district or residential land use, the building setback shall be one hundred feet (100') from the residential property line.
      (4)   There shall be no more than three (3) ingress/egress drives onto the property. No drive shall exceed thirty-five feet (35') in width.
      (5)   Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare that would constitute a nuisance to any abutting residential land use or hazard to traffic on any public or private roadway.
   (i)    Funeral Homes.
      (1)   The minimum lot area shall be twenty thousand square feet (20,000 sq. ft.).
      (2)   No structure shall exceed thirty feet (30') in height.
      (3)   All structures and activity areas, except off-street parking, shall be located no less than thirty-five feet (35') from all lot lines. Where the property abuts any residential zoning district or residential land use, the minimum building setback shall be seventy-five feet (75') from the residential property line.
   (j)    Home Occupations.
      (1)   Home occupations shall be clearly incidental and subordinate to the use of the property for residential purposes and shall be wholly conducted within the dwelling.
      (2)   No more than the equivalent of twenty-five percent (25%) of the gross floor area of any dwelling shall be utilized for a home occupational use.
      (3)   The external appearance of the structure in which the home occupation is conducted shall not be altered.
      (4)   There shall be no outside storage of any kind related to the home occupational use and only commodities made on the premises or commodities, which are considered accessory to the services provided (i.e. shampoo in a beauty salon), may be sold on the premises. No display of the products shall be visible from the street.
      (5)   All parking requirements of a home occupation shall be provided for by utilizing either existing residential driveways or on-street parking spaces. No expansion of off-street parking areas shall be permitted in connection with a home occupation use.
      (6)   No equipment, process, materials, or chemicals which create offensive noises, vibration, smoke, dust, odor, heat, glare, x-rays, radiation, or electrical disturbances shall be utilized in the home occupation.
      (7)   Not more than one person, who is not a resident of the premises, may participate in the home occupation as an employee or volunteer.
      (8)   No more than one home occupation shall be permitted within any single dwelling unit.
      (9)   Delivery of any materials necessary for a home occupation shall be limited to automotives, light duty pick-up trucks or light-duty commercial vans.
      (10)   Hours of operation for a home occupation that involves client visits or incoming deliveries are restricted to no earlier than 8:00 a.m. and no later than 8:00 p.m. each day of the week, except that operation on Sundays is restricted to 12:00 p.m. to 6:00 p.m.
      (11)   A home occupation use shall not be permitted any temporary or permanent sign to be placed or installed on the parcel.
      (12)   Home occupation uses involving any marijuana related business activities shall not be permitted in any zoning district, including the RR-PUD zoning district.
      (13)   The Building Commissioner may waive the public hearing requirement for those home occupations determined to not have an adverse impact upon adjacent properties and surrounding areas. If the public hearing requirement is waived, the Building Commissioner shall have the authority to review and either approve or deny the home occupation. The Building Commissioner may attach reasonable conditions to any approval for a home occupation request.
   (k)    Hospitals/Hospice.
      (1)   The minimum lot area shall be five (5) acres
      (2)   No structure shall exceed seventy feet (70') in height.
      (3)   All structures and activity areas, except off-street parking, shall be located no less than one hundred feet (100') from the front lot line and no less than forty feet (40') from all other lot lines. Where the property abuts any residential zoning district or residential land use, the building setback shall be one hundred feet (100') from the residential property line.
      (4)   Loading and unloading areas shall be a minimum of seventy-five feet (75') from any residential zoning district or residential land use.
      (5)   The noise level emanating from any hospital use activity shall not exceed 60 dBA CNEL as measured from any property line.
   (l)   Adult Use Cannabis Dispensary or Dual-use Cannabis Dispensary.
      (1)    Definitions. For the purpose of regulating adult use cannabis dispensaries and dual-use cannabis dispensaries as set forth under this zoning code, the following definitions shall apply:
         A.   "Adult use cannabis" shall have the same meaning as "marijuana" as defined in Ohio Revised Code Section 3719.01.
         B.   "Dual-use cannabis" shall be defined as both adult use cannabis and medical marijuana.
         C.   "Medical marijuana" shall be defined as marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose.
         D.   "Dispensary" shall have the same meaning as in Ohio Administrative Code 3796:1-1-01 or subsequent similar regulations.
         E.   "Licensee" shall mean a person in whose name a license to operate an adult use cannabis dispensary or dual-use cannabis dispensary has been issued, as well as the individual (s) designated on the license application as principally responsible for the operation of the adult use cannabis dispensary or dual-use cannabis dispensary.
         F.   "Operate" means to control or hold primary responsibility for the operation of an adult use cannabis dispensary or dual-use cannabis dispensary, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility. "Operate" or "cause to be operated" shall mean to cause to function or to put or keep in operation. Operator means any persons on the premises of an adult use cannabis dispensary or dual-use cannabis dispensary who is authorized to exercise overall operational control or hold primary responsibility for the operation of an adult use cannabis dispensary or dual-use cannabis dispensary or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated an adult use cannabis dispensary or dual-use cannabis dispensary whether or not that person is an owner, part owner, or licensee of the business.
         G.   "School", "Church", "Public Library", "Public Park", and "Public Playground" shall have the same meanings as in Ohio Revised Code Section 3796.30.
      (2)   Adult Use Cannabis Dispensary and Dual-use Cannabis Dispensary Location Standards.
         A.   An adult use cannabis dispensary or dual-use cannabis dispensary shall only be located in the AS and GB zoning districts if granted a conditional use permit from the Planning Commission.
         B.   No more than one adult use cannabis dispensary or dual-use cannabis dispensary shall be established or operated in the same building, structure, or portion thereof.
      (3)   Adult Use Cannabis Dispensary and Dual-use Cannabis Dispensary Conditions.
         A.   An adult use cannabis dispensary or dual-use cannabis dispensary shall not be located or permitted to operate in the City of Seven Hills unless it has a current and valid certificate of operation or license issued by either the department of commerce or the state board of pharmacy pursuant to Ohio Revised Code Chapter 3796 and Ohio Administrative Code Chapter 3796 or the division of cannabis control pursuant to Ohio Revised Code Chapter 3780 and Ohio Administrative Code Chapter 1301:18.
         B.   An adult use cannabis dispensary or dual-use cannabis dispensary shall cease operations in the City of Seven Hills during any period of time in which it fails to be operating in compliance with the applicable provisions of Ohio Revised Code Chapter 3796 and Ohio Administrative Code Chapter 3796 or Ohio Revised Code Chapter 3780 and Ohio Administrative Code Chapter 1301:18.
         C.   All signs for adult use cannabis dispensaries and dual-use cannabis dispensaries shall be wall signs as regulated in Chapter 171 of the Codified Ordinances of the City of Seven Hills.
         D.   No merchandise or pictures of the products on the premises of an adult use cannabis dispensary or dual-use cannabis dispensary shall be displayed on signs, in window areas or any area where they can be viewed from the sidewalk or street in front of the building. No sign shall bear any image depicting or describing a marijuana leaf or the combustion of plant material, whether by means of display or decoration.
         E.   An adult use cannabis dispensary or dual-use cannabis dispensary shall not have any drive-in and drive through, walk-up window or similar facilities.
            F.   All activities of an adult use cannabis dispensary or dual-use cannabis dispensary shall be conducted indoors.
         G.   No smoking, inhalation, or consumption of marijuana shall take place on the premises.
         H.   Home occupation uses or professional home office uses involving any marijuana related business activities shall not be permitted in any zoning district.
         I.   A conditional use permit shall expire if an adult use cannabis dispensary or dual use cannabis dispensary has not been issued a certificate of operation or license by either the department of commerce, the state board of pharmacy, or the division of cannabis control within one year of the Planning Commission granting the conditional use permit.
         J.   Rules, regulations and local permitting requirements imposed on a licensee by the City shall be interpreted in all instances to conform to the State licensing requirements for dispensaries, but in the event that the City's rules, regulations and/or permitting requirements impose a greater obligation on a licensee than State, the local provisions shall be enforced.
   (m)   Microbrewery, Microdistillery, Microwinery or BrewPub.
      (1)   The production of beverages at a BrewPub for on and off premise consumption shall not exceed forty percent (40%) of the total gross floor area. The development must include other uses such as a tasting room, taproom or table service restaurant that entails sixty percent (60%) of the gross floor area.
      (2)   The production and packaging of beverages at a Microbrewery, Microdistillery, or Microwinery for on and off premise consumption shall not exceed seventy-five percent (75%) of the total gross floor area. The development must include other uses such as a tasting room, taproom or table service restaurant that entails at least twenty-five percent (25%) of gross floor area.
      (3)   Brewing equipment or storage is permitted on the exterior of the building subject to all applicable outdoor storage standards.
      (4)   If a tasting room is proposed in the application, the applicant shall submit a Development Plan including a building floor plan, showing the size and interior arrangement, also showing off-street parking areas. The following standards shall be satisfied:
         A.   Beverage tasting shall only be an accessory use to beverage making, bottling or distilling in the same building;
         B.   Food items may be served however no onsite food preparation permitted;
   (n)    Nursery Schools/Day Care Facilities.
      (1)   The minimum lot area shall be ten thousand square feet (10,000 sq. ft.).
      (2)   No structure shall exceed forty feet (40') in height.
      (3)   All structures and activity areas, except off-street parking, shall be located no less than fifty feet (50') from the front lot line and no less than forty feet (40') from all other lot lines. Where the property abuts any residential zoning district or residential land use, the building setback shall be seventy-five feet (75') from the residential property line.
      (4)   Outdoor play areas shall be permitted in the side and rear yards only and shall be enclosed with a fence or wall of a minimum of five feet (5') in height.
      (5)   Unloading and loading of children from vehicles shall only be permitted within the approved parking area of the facilities. An on-site drop off area sufficient to accommodate four (4) vehicles shall be provided.
   (o)   Parking Facilities (Surface and Structured Parking).
      (1)    A surface parking facility or parking structure shall conform to the yard requirements for principal uses in the district in which such parking facility is located, whether such facility is located at grade or provided within a structure of building.
      (2)    In addition to required yards, twenty-five square feet (25 sq. ft.) of landscaping shall be provided for each four hundred square feet (400 sq. ft.) of surface parking area land area allocated and shall be located within the boundaries of the parking area and distributed as evenly as practicable over the entire parking area.
      (3)    Except for the provisions of Subsections (1) and (2) above, the construction, site and use requirements for a parking facility shall conform to the applicable regulations of Chapter 927 which correspond to the zoning district in which such parking facility is located.
      (4)   Structured Parking Standards. These parking garage standards shall apply to both a parking garage facility as a principal use or a facility serving as an accessory use on a lot.
         A.   If a parking facility is located within a structure, the structure shall be designed so that not more than fifty percent (50%) of any wall surface is open or transparent.
         B.   Below-grade parking garages are encouraged over above-grade.
         C.   Above grade parking structures shall meet the applicable architectural standards established for the zoning district.
         D.   The facades of parking garages that face public streets shall be approved by the Planning Commission and articulated through the use of three (3) or more of the following architectural features to make the parking garage appear similar in character to an occupied building:
            1.   Windows or window-shaped openings with decorative mesh or similar features.
            2.   Masonry columns.
            3.   Decorative wall insets or projections.
            4.   Awnings.
            5.   Changes in color or texture of materials.
            6.   Approved public art.
            7.   Integrated landscape planters.
            8.   Other similar features as approved by the Planning Commission.
         E.   Vehicle entries to off-street parking garages shall be integrated into the placement and design of adjacent buildings or oriented away from the primary street frontage. At a minimum, parking garages shall have user vehicles access from locations that minimize conflicts with pedestrian circulation.
   (p)    Recreation Areas (Commercial or Private).
      (1)   No structure shall exceed thirty-five feet (35') in height.
      (2)   All structures and activity areas, except off-street parking, shall be located no less than seventy-five feet (75') from all lot lines.
      (3)   There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five feet (35') in width.
      (4)   Only retail uses which are customarily accessory or incidental to the main recreational use shall be permitted.
      (5)   All recreational activity shall be conducted within an enclosed building and be sufficiently sound-insulated to confine the noise to the premises.
   (q)    Religious Institutions.
      (1)   The minimum lot area shall be thirty thousand square feet (30,000 sq. ft.) with a minimum lot width of one hundred twenty-five feet (125').
      (2)   The main structure of a religious institution or any other building shall not exceed forty feet (40') in height with the exception of a steeple or tower design, which may not exceed seventy-five feet (75') in total height.
      (3)   All structures and activity areas, except off-street parking, shall be located no less than thirty-five feet (35') from all lot lines. Where the property abuts any residential zoning district or residential land use, the building setback shall be one hundred feet (100') from the residential property line.
      (4)   There shall be no more than two (2) ingress/egress drives onto the property. No drive shall exceed thirty-five feet (35') in width.
   (r)   Tobacco Retailer.
      (1)   No new tobacco retailer shall be permitted to operate on a parcel which is within one thousand (1,000) feet of a parcel occupied by another tobacco retailer, whether located within or outside the jurisdiction of the City of Seven Hills. Minimum spacing shall be measured in a straight line from parcel boundary to parcel boundary.
      (2)   No new tobacco retailer shall be permitted to operate on a parcel which is within one thousand (1,000) feet of a parcel containing youth-oriented areas to include: public or private elementary, middle, junior high, high school, child care facilities, playground, park, youth center, library or public or private recreation facilities, whether located within or outside the jurisdiction of the City of Seven Hills. Minimum spacing shall be measured in a straight line from parcel boundary to parcel boundary.
      (3)   Outdoor storage or display of merchandise shall not be permitted.
      (4)   Owners, operators or managers of the proposed tobacco retailer use shall have a record of continued compliance with all City, County, and State regulations, laws, and requirements, for this property or any other property they are associated with in the City of Seven Hills.
         (Ord. 03-2025. Passed 2-11-25.)

921.05 ADDITION TO OR EXPANSION OF A CONDITIONAL USE.

   Additions to or expansions of approved conditional uses shall not be undertaken until a new conditional use permit application reflecting those additions or expansions is granted by the Planning Commission. The conditional use permit application requirements and procedure set forth in this Chapter shall apply to proposed additions and expansions.
(Ord. 03-2025. Passed 2-11-25.)

921.06 CONDITIONAL USE EXEMPTIONS.

   Those land uses which are classified as conditional uses under this Zoning Code and that exist in a zoning district at the time of enactment of this Chapter shall be considered legal nonconforming until that time as they are granted a conditional use permit.
(Ord. 03-2025. Passed 2-11-25.)

921.07 EXPIRATION OF CONDITIONAL USE PERMITS.

   (a)   A conditional use permit shall be deemed to authorize only one (1) conditional use and such conditional use permit shall automatically expire if, for any reason, one (1) of the following occurs:
      (1)   The conditional use has ceased by discontinuance or abandonment for a period of more than one hundred eighty (180) days.
      (2)    Such use violated the conditions established in this chapter.
   (b)   Once a conditional use expires, the applicant must reapply for a conditional use permit as set forth in this Chapter to re-establish the conditional use.
(Ord. 03-2025. Passed 2-11-25.)