(a)   No motor freight depot or trucking terminal shall have truck entrance from, or exits to, any street within the following areas or within fifty (50) feet of such areas:

      (1)   Beginning at a point on the shoreline of Lake Erie one hundred fifty (150) feet east of the northerly extension of the easterly line of East 14th St., thence southerly, along a line one hundred fifty (150) feet east of and parallel to East 14th St., to the northerly line of St. Clair Ave.; thence easterly along said line of St. Clair Ave. to the easterly line of East 55th St.; thence southerly along said line of East 55th St. to a point one hundred (100) feet north of the northerly line of Hough Ave., N.E.; thence westerly along a line one hundred (100) feet north of and parallel to the northerly line of Hough Ave. and its westerly projection to the easterly line of East 36th St.; thence southerly along said line of East 36th St. to the southerly line of Central Ave.; thence westerly along said line of Central Ave. to the southerly line of Carnegie Ave.; thence westerly along said line of Carnegie Ave. to the easterly line of East 9th St.; thence southerly along said line of East 9th St. to the southerly line of Broadway; thence westerly along said line of Broadway to the southerly line of Carnegie Ave.; thence westerly along said line of Carnegie Ave. to the southerly extension of the westerly line of Ontario St.; thence northwesterly along said extension and line of Ontario St. to the southerly line of Huron Rd.; thence westerly along said line of Huron Rd. and its westerly extension to the westerly line of West 9th St.; thence northerly along said line of West 9th St. to the northerly line of Lakeside Ave.; thence easterly along said line of Lakeside to the westerly line of West 3rd St.; thence northerly along said line of West 3rd St. to the shore line of Lake Erie; thence easterly with said shore line to the point of beginning.

      (2)   Beginning at the intersection of the center line of the Main Ave. Bridge and the easterly line of West 25th St.; thence southerly along said line of West 25th St. to the northerly line of Franklin Blvd., N.W.; thence easterly along said line of Franklin Blvd. to the easterly line of Columbus Rd., N.W.; thence northerly along said line of Columbus Rd. to the southerly line of the right-of-way of the Erie Railroad; thence easterly along said line of the right-of-way to the northerly extension of the easterly line of West 10th St.; thence southerly along said extension and line of West 10th St. to the southerly line of Fairfield Ave., S.W.; thence westerly along said line of Fairfield Ave. to the easterly line of Scranton Rd., S.W.; thence southerly along said line of Scranton Rd. to the southerly line of Barber Ave., S.W.; thence westerly along said line of Barber Ave. to the westerly line of West 25th St.; thence northerly along said line of West 25th St. to the southerly line of Monroe Ave., S.W.; thence westerly along said line of Monroe Ave. to the westerly line of West 28th St.; thence northerly along said line of West 28th St. and its extension to the center line of Cleveland Memorial Shoreway West; thence easterly along said center line to its intersection with the center of the Main Ave. Bridge; and thence to the point of beginning.

   (b)   No motor freight depot or trucking terminal shall have truck entrances from, or exits to, any of the following streets, or within fifty (50) feet of such streets on any street intersecting such streets:

      Berea Rd., S.W.;

      Broadway, S.E., from East 9th St. to East 14th St. and from East 37th St. to the easterly City limits;

      Buckeye Rd., S.E., from Woodland Ave., S.E. to Woodhill Rd., S.E.;

      Carnegie Ave., S.E. from East 36th St. to East Blvd., S.E.;

      Chatfield Ave., from West 150th St. to West 157th St.;

      Denison Ave., S.W. from Jennings Rd. to Lorain Ave., W.;

      Detroit Ave., N.W. from West 28th St. to the westerly City limits;

      East 14th St., from Carnegie Ave., S.E. to Broadway, S.E.;

      East 30th St., from Central Ave., S.E. to Pittsburgh Ave., S.E.;

      East 40th St., from one hundred (100) ft. north of Hough Ave., N.E. to Woodland Ave.;

      East 55th St., from the center line of the right-of- way of the main line of the New York Central Railroad, approximately one thousand six hundred (1,600) feet north of St. Clair Ave. to Broadway, S.E.;

      East 71st St., from Euclid Ave., E. to Woodland Ave., S.E.;

      East 79th St., from Carnegie Ave., S.E. to Kinsman Rd., S.E.;

      East 93rd St., from Woodhill Rd. to Broadway, S.E.;

      East 175th St., from St. Clair Ave. to Glen Ave.;

      East 176th St., from Codo Ave. to St. Clair Ave.;

      Glen Ave., from East 175th St. to East 172nd St.;

      Glen Ave. east of East 175th St. to Larchmont Ave.;

      Harvard Ave., S.E. from Jones Rd., S.E. to East 93rd St.;

      Harvard-Denison Viaduct;

      Independence Rd., S.E. from Wheeling and Lake Erie Railroad to Fleet Ave., S.E.;

      Jennings Rd., S.W. from West 14th St. to Valley Rd., S.W.;

      Jones Rd., S.E. from Harvard, S.E. to Broadway, S.E.;

      Kinsman Rd., S.E. from East 55th St. to East 93rd St.;

      Lakewood Heights Blvd., southerly side;

      Puritas Ave., from West 158th St. to Martha Rd.;

      Ridge Rd., S.W. from Denison Ave., S.W. to Memphis Ave., S.W.;

      Triskett Rd.;

      Valley Rd., S.W. between Broadview Rd., S.W. and approximately 424 feet north of the northerly line of Elston Ave., S.W.;

      West 25th St., from Mulberry St., N.W. to Pearl Rd., S.W.;

      West 117th St., from Sector Ave. to Berea Rd.;

      West 121st St., from Triskett Rd., northerly;

      West 130th St., from Bellaire Rd. to Witlow Ave.;

      West 130th St., from Spreacher Ave. to Brookpark Rd.;

      West 140th St., from Lorain Ave. to Triskett Rd.;

      West 150th St., from Lorain Ave. to Puritas Ave.;

      West 150th St., from Justin Ave. to Brookpark Rd.;

      Woodhill Rd., S.E. from Woodland Ave., S.E. to East 93rd St.;

      Woodland Ave., S.E. from East 9th St. to Woodhill Rd., S.E.

(Ord. No. 1757-63. Passed 3-2-64, eff. 3-4-64)

   (a)   Intent. Within the unique mixed-use industrial/entertainment/retail/residential district known generally as the Flats-Oxbow area, and as referenced in divisions (b) and (e) below, it is recognized that industries in areas currently zoned for industrial use require property ingress and egress by trucks on a twenty-four (24) hour, seven (7) day-a-week basis and may also require twenty-four (24) hour-a-day operation of facilities.

   (b)   Applicability. The regulations of this section shall apply within the Flats-Oxbow Business Revitalization District and the Whiskey Island area, as described in division (e) below, to all industrial facilities located on property which was zoned for industrial use on the date of passage of the ordinance enacting this section.

   (c)   Unimpeded Ingress. Ingress and egress by trucks shall be permitted for all applicable properties on a twenty-four (24) hour-a-day, seven (7) day-a-week basis.

   (d)   Hours of Operation. Industrial facilities on applicable properties shall be permitted to operate on a twenty-four (24) hour-a-day, seven (7) day-a-week basis, in accordance with all other applicable City regulations.

   (e)   The Whiskey Island area is described as follows:

      Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and further bounded and described as follows:

      Beginning at the intersection of the Southeasterly right-of-way line of the Conrail Railroad and the Westerly prolongation of the centerline of the Old Ship Channel, so called:

      Thence Northeasterly along said Southeasterly right-of-way line to its intersection with the Northerly prolongation of the centerline of the Willow Street bridge:

      Thence Southerly along said Northerly prolongation and the centerline of the Willow Street bridge to its intersection with the centerline of the Old Ship Channel, as aforesaid:

      Thence in a meandering Westerly direction along the centerline of the Old Ship Channel and its Westerly prolongation to the place of beginning, be the same more or less, but subject to all legal highways.

(Ord. No. 178-A-92. Passed 2-24-92, eff. 3-4-92)

   (a)   Purpose. The regulations of this section are established to permit the keeping of farm animals and bees in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe.

   (b)   Chickens, Ducks, Rabbits and Similar Animals. The keeping of chickens, ducks, rabbits and similar farm animals, and cages, coops and enclosures for the keeping of such animals, shall be governed by the following regulations.

      (1)   In Residential Districts. In Residential Districts, the following regulations shall apply:

         A.   Number. No more than one (1) such animal shall be kept on a parcel of land for each eight hundred (800) square feet of parcel or lot area. For a standard residential lot of four thousand eight hundred (4,800) square feet, this regulation would permit no more than a total of six (6) such animals.

         B.   Setbacks. The coops or cages housing such animals may not be located in front yard or side street yard areas and shall not be located within five (5) feet of a side yard line nor within eighteen (18) inches of a rear yard line, except where the rear lot line forms the side lot line or front lot line of an abutting property, in which case the setback from such rear lot line shall be five (5) feet. No animals shall be kept in required front yard or side street yard areas.

         C.   Prohibitions. No roosters, geese or turkeys may be kept in a Residential District except on a parcel that is at least one (1) acre in area and only if the coop or cage housing the bird(s) is at least one hundred (100) feet from all property lines. For parcels greater than one (1) acre in area, one (1) additional such bird may be kept for each twenty-four thousand (24,000) square feet in excess of one (1) acre. No predatory birds may be kept on any property under the regulations of this section.

         D.   Coops and Cages. All animals shall be provided with a covered, predator-proof coop or cage or other shelter that is thoroughly ventilated, designed to be easily accessed and cleaned, and of sufficient size to permit free movement of the animals exclusive of areas used for storage of materials or vehicles. The total area of all coops or cages on a lot shall not be greater than thirty-two (32) square feet for up to six (6) animals. Coops and cages, singly or in combination, shall not exceed fifteen (15) feet in height.

         E.   Enclosures and Fences. Chickens and other birds shall have access to an outdoor enclosure adequately fenced or otherwise bounded to contain the birds on the property and to prevent access by dogs and other predators and providing at least ten (10) square feet of area for each bird.

      (2)   In Non-Residential Districts. In zoning districts other than Residential Districts, all regulations applicable in Residential Districts shall apply except that the number of such animals shall be limited to one (1) animals for each four hundred (400) square feet of lot area.

   (c)   Goats, Pigs, Sheep and Similar Animals. The keeping of goats, pigs, sheep and similar farm animals, and stables and enclosures for the keeping of such animals, shall be governed by the following regulations:

      (1)   In Residential Districts. In Residential Districts, no goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than twenty-four thousand (24,000) square feet in area. For a parcel that is at least twenty-four thousand (24,000) square feet in area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal permitted for each additional two thousand four hundred (2,400) square feet of area. Stables or other enclosures for such animals shall not be permitted in front yards or in side street yards and shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel.

      (2)   In Non-Residential Districts. In zoning districts other than Residential Districts, no goats, pigs, sheep or similar farm animals shall be kept on a parcel of land less than fourteen thousand four hundred (14,400) square feet in area. For a parcel that is at least fourteen thousand four hundred (14,400) square feet in area, a maximum of two (2) such animals may be kept on the property, with one (1) additional animal permitted for each additional one thousand two hundred (1,200) square feet of area. Stables or other enclosures for such animals shall be set back at least forty (40) feet from any street and from any property other than a property located in an Industrial District and shall be set back at least one hundred (100) feet from a dwelling on another parcel or from the permitted placement of a dwelling on an adjoining vacant parcel.

      (3)   Prohibitions. No horses, cows, alpacas, llamas or similar animals shall be kept on a property except in areas specifically designated for the keeping of such animals.

   (d)   Bees. The keeping of bees, and associated beehives, shall be governed by the following regulations.

      (1)   In Residential Districts. In Residential Districts, the following regulations shall apply:

         A.   Number. No more than one (1) beehive shall be kept for each two thousand four hundred (2,400) square feet of lot area, and no beehive shall be kept on a lot less than two thousand four hundred (2,400) square feet in area.

         B.   Location and Setbacks. No beehive shall be kept closer than five (5) feet to any lot line and ten (10) feet to a dwelling or the permitted placement of a dwelling on another parcel, and no beehive shall be kept in a required front yard or side street yard. The front of any beehive shall face away from the property line of the Residential property closest to the beehive.

         C.   Fences and Shrubs. A solid fence or dense hedge, known as a “flyway barrier,” at least six (6) feet in height shall be placed along the side of the beehive that contains the entrance to the hive, and shall be located within five (5) feet of the hive and shall extend at least two (2) feet on either side of the hive. No such flyway barrier shall be required if all beehives are located at least twenty-five (25) feet from all property lines and for beehives that are located on porches or balconies at least ten (10) feet above grade, except if such porch or balcony is located less than five (5) feet from a property line.

         D.   Water Supply. A supply of fresh water shall be maintained in a location readily accessible to all bee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties.

         E.   Prohibitions. No Africanized bees may be kept on a property under the regulations of this section.

      (2)   In Non-Residential Districts. In zoning districts other than Residential Districts, all regulations applicable in Residential Districts shall apply except that the number of beehives shall be limited to one (1) for each one thousand (1,000) square feet of lot area.

   (e)   Lots Without a Residence. Notwithstanding the provisions of Section 337.23 regarding Accessory Uses, farm animals or bees may be kept on a lot that is vacant or has no occupied residence but only if the applicant for such activity submits written documentation to the Director of Public Health, in accordance with the provisions of Section 205.04, demonstrating that the use will be managed in a manner that prevents the creation of nuisances or unsanitary or unsafe conditions.

   (f)   Sanitation and Nuisances. Farm animals shall be kept only in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. Furthermore, farm animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property.

   (g)   Animal or Bird Noise. It shall be unlawful for any person or other party operating or occupying any building or premises to keep or allow to be kept any animal or bird that makes noise so as to habitually disturb the peace and quiet of any person in the vicinity of the premises.

   (h)   Slaughtering of Animals. Chickens, ducks, rabbits and similar small animals may be slaughtered on site only if for consumption by the occupants of the premises. No other farm animal may be slaughtered on site.

   (i)   Application to Building and Housing Department. A proposal for the keeping of farms animals or bees is subject to approval by the Department of Building and Housing only if a Building Permit is required by the regulations of division (i)(2) of this section.

      (1)   Contents of Application. The application shall include the information required by the provisions of division (a) of Section 205.04.

      (2)   Building Permits. A Building Permit shall be required for installation of a fence or for construction of a stable or other structure routinely requiring such permit, except that no Building Permit shall be required for cages, coops or beehives that are not permanently attached to the ground or to another structure and do not exceed thirty-two (32) square feet in area nor eight (8) feet in height. No Building Permit shall be required for the barrier constituting a required enclosure if such barrier is not permanently attached to the ground and does not exceed three (3) feet in height; and no permit shall be required for a “flyway” barrier not exceeding six (6) feet in height and six (6) feet in length.

   (j)   Application to Public Health Department. In accordance with the provisions of Section 205.04, anyone proposing to keep farm animals or bees on a property in the City of Cleveland shall apply for a two (2) year license from the City of Cleveland through its Department of Public Health on a form provided by that office.

   (k)   Building Conditions. The keeping of farm animals or bees shall not be permitted on a property occupied by a building that has been condemned by the Department of Building and Housing.

   (l)   Enforcement. The Director of the Department of Building and Housing or the Director’s designee shall have the authority to inspect any property to determine compliance with the regulations of this section regarding the construction and permitted placement of enclosures, fences, cages, coops, beehives, stables and other structures used in the keeping of farm animals or bees and shall have the authority to enforce the regulations of this section as they apply to such matters. The Department of Public Health shall have the authority to enforce regulations of this section in accordance with the provisions of Section 205.04.

   (m)   Variances. The Board of Zoning Appeals may vary the regulations of this section as they apply to a particular property if it determines that such variance will be consistent with the stated purpose of this section.

   (n)   Definitions. Terms used in this section shall have the meanings assigned to them in the following definitions:

      (1)   Farm Animal. “Farm animal” means any domestic species of animal that is kept and raised for use as food or in the production of food or in the operation of a farm and is not an “exotic animal” as defined in Section 603A.02 and is not a house pet such as a dog, cat or similar animal.

      (2)   Coop and Cage. “Coop” and “cage” mean a structure, not necessarily attached to the ground, with a top and sides and designed to provide shelter and protection for small animals or birds.

      (3)   Enclosure. “Enclosure” means a set of walls or fences designed to confine animals or birds to a space that is large enough to permit the animals and birds to roam relatively freely in an open yard area.

      (4)   Predatory Bird. “Predatory bird” means an owl, hawk, falcon, eagle or similar bird that feeds principally by catching living prey.

      (5)   Similar Animal. Any farm animal that is similar to other animals listed in a particular category of permitted animals with respect to impacts on nearby properties, including noise, odors, safety hazards or other nuisances.

(Ord. No. 457-11. Passed 5-16-11, eff. 5-20-11)

   No entrance to a pool room, skating rink, dance hall or amusement park, shall be established less than four hundred (400) feet from the premises of an existing nursery school, elementary school or high school.

(Ord. No. 2204-A-48. Passed 12-19-49, eff. 1-29-50)

   No person shall establish any cemetery or other place for the interment of dead bodies within the corporate limits of the City. However, nothing in this section shall prevent cemeteries existing on November 5, 1929, from acquiring land for expansion when done in accordance with the provisions of the Ohio Revised Code.

(Ord. No. 2204-A-48. Passed 12-19-49, eff. 1-29-50)

   No space for the storage or distribution of coal, cinders, stone, slag, sand, cement, lime, iron ore or similar dust-producing material, and no space for manufacturing, refining or mixing tar, asphalt or other similar binding or waterproofing material, shall be located less than three hundred (300) feet from a Residence District, Local Retail Business District or General Retail Business District, except where the dust, smoke, odor, noise and vibration therefrom will effectively be confined to the premises.

(Ord. No. 2204-A-48. Passed 12-19-49, eff. 1-29-50)

   (a)   General Provisions. No junk or wrecking yard not within a General Industry or Unrestricted Industry District, used for the storage or sale of salvaged lumber or other used building material, or of junk metals, paper, rags, rubber, glass or other discarded or salvaged articles, containers or materials, or for the wrecking or dismantling of motor vehicles, shall be operated or maintained for more than eighteen (18) months after a zoning change to a use district within which such yards are not permitted, except that in a Semi-Industry District such junk material or wrecking yard may continue to operate as a nonconforming use if the yard has constructed around it a minimum seven (7) foot high solid masonry wall or slightly solid, nontransparent, well-maintained substantial fence.

   The Board of Zoning Appeals may grant a variance from the requirement of a solid masonry wall or solid fence along any side of a junk or wrecking yard which does not front upon a street or Residence District, in a Semi-Industry District or General Industry District, if the Board determines that such variance will not be offensive or objectionable by reason of topography, adjacent land use or barriers including natural barriers such as shrubbery and/or trees.

   No wall or fence shall be required to be constructed between two (2) junk or wrecking yards immediately adjacent to each other. Should one (1) junk or wrecking yard be discontinued then the remaining yard shall construct a wall or fence in accordance with these provisions.

   (b)   Definitions. As used in this section:

      (1)   “Solid masonry wall or slightly solid, nontransparent fence” means a barrier constructed of masonry, concrete block or precast concrete panels, or chain link (steel or aluminum with slats), metal (corrugated or plain), attached to metal or treated wood posts or cross members on other similar material which is nontransparent and hides or shields the area behind the fence from ordinary view. The minimum height shall not include barbed wire or other similar wire.

      (2)   “Well maintained fence or wall” means a fence or wall which is plumb with no more then a four (4) inch deflection from a vertical position, measured at the top of the fence protected by painting or treated so as to be corrosion and rust resistant and without any bends or breaks, or flaking or peeling of paint or missing or broken slats.

   (c)   Existing Fence. As an exception to the requirements of subsection (a) hereof, any fence, including wooden fence, at least six (6) foot high now installed pursuant to a permit issued by the Building Commissioner, constructed around a junk or wrecking yard may be continued except that any replacement or substitution must conform to the minimum requirements and provide that the existing fence shall be well maintained, sightly and solid.

   (d)   Height of Junk. In any use district allowing junk or wrecking yards, the storage of such junk or used material shall not be piled higher than three (3) feet above the height of the wall or fence enclosing the yard, provided that at any point closer than five (5) feet, the junk or used material shall not be piled above the heights of the wall or fence.

   (e)   Setback Requirements. Any junk or wrecking yard in any use district wherein there is required a setback area between the street line and building line shall construct an eighteen (18) inch high barrier around the setback area.

(Ord. No. 407-70. Passed 6-1-70, eff. 6-4-70)

   (a)   Purpose. Based upon evidence and findings of negative secondary effects of adult entertainment uses presented in hearings before the Council and in studies from other communities, including the cities of Indianapolis and New York, the Council finds that adult entertainment uses in Cleveland cause negative secondary effects and has created this section to regulate adult entertainment uses to promote the health, safety, morals and general welfare of the citizens of Cleveland by establishing reasonable and uniform regulations to prevent concentration of adult entertainment uses and location near specified other uses. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult entertainment materials. Similarly, it is not the intent, or effect of this section to restrict or deny access by adults to adult entertainment materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult entertainment to their intended market. Additionally, it is not the intent or effect of this section to condone or legitimize the distribution of obscene material.

   (b)   Definitions. As used in this Zoning Code:

      (1)   "Specified Sexual Activities" means any of the following:

         A.   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

         B.   Sex acts, actual or simulated, including masturbation, intercourse, oral copulation or sodomy;

         C.   Excretory functions as part of or in connection with any of the activities set forth in A. and B. above.

      (2)   "Specified Anatomical Areas" means:

         A.   The cleft of the buttocks, anus, male or female genitals, or the female breast.

         B.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

      (3)   "Adult Bookstore" or "Adult Video Store" means an establishment, which, as one (1) of its principal purposes, offers for sale or rental for any form of consideration any one (1) or more of the following:

         A.   Books, magazines, newspapers, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, video reproductions, slides, laser discs, compact discs or other visual representations, which are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

         B.   Instruments, devices, or other paraphernalia, except prophylactic products, designed or marketed for use in connection with "specified sexual activities."

      An establishment may have other principal business purposes that do not involve the offering for sale or rental material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore or adult video store. Such other business purpose will not serve to exempt an establishment from being categorized as an adult bookstore or adult video store so long as one (1) of its principal business purposes is
the offering for sale or rental for consideration the above specified materials.

      (4)   "Adult Motion Picture Theatre" means a commercial establishment, regardless of capacity, where films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." This definition of adult motion picture theater does not include the definitions of adult video arcade and adult cabaret, which are separate uses.

      (5)   "Adult Video Arcade" means any place to which the public is permitted or invited wherein one (1) or more enclosed or screened areas or booths are maintained wherein still or motion picture machines, projectors, video, compact or laser disc players or other image-producing devices are operated or maintained to show images to five (5) or fewer persons per enclosed area or booth at any one time, and where the images so displayed are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

      (6)   "Adult Cabaret" means a commercial establishment, including a nightclub, bar, juice bar, restaurant, bottle club, or similar establishment, whether or not alcoholic beverages are served, which regularly features any of the following:

         A.   persons who appear in a state of nudity or semi-nudity;

         B.   persons who expose specified anatomical areas, or dancers, strippers or similar live entertainers in performances which are distinguished or characterized by the exposure of "specified anatomical areas" or by the depiction or description of "specified sexual activities";

         C.   films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by the depiction or description of "specified anatomical areas" or "specified sexual activities."

      This definition of adult cabaret does not include the definitions of adult live entertainment arcade or adult theater, which are separate uses.

      (7)   "Adult Theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who expose "specified anatomical areas" or live performances which are distinguished or characterized by the exposure of "specified anatomical areas" or by the depiction or description of "specified sexual activities." This definition of adult theater does not include the definition of adult live entertainment arcade which is a separate use.

      (8)   "Adult Live Entertainment Arcade" means any place to which the public is permitted or invited wherein one (1) or more enclosed or screened areas or booths are maintained for viewing by five (5) or fewer persons at any one (1) time live entertainment such as a dance routine, strip performance or other similar entertainment, which live entertainment is distinguished or characterized by the exposure of "specified anatomical areas" or by the depiction or description of "specified sexual activities" or by persons who appear in a state of nudity or semi-nudity.

      (9)   "Nudity" or "state of nudity" means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering; or the showing of the female breasts with less than a fully opaque covering of any part of the nipple.

      (10)   "Semi-nudity" or "state of semi-nudity" means a state of dress in which opaque clothing covers not more than the genitals, pubic region, and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

   (c)   Location. Uses defined in divisions (b)(3) Adult Bookstore or Adult Video Store, (b)(4) Adult Motion Picture Theater, (b)(5) Adult Video Arcade, (b)(6) Adult Cabaret, (b)(7) Adult Theater and (b)(8) Adult Live Theater Entertainment Arcade of this section are designated "adult entertainment" uses. Where permitted in a use district, adult entertainment uses are subject to the following location restrictions:

      (1)   No adult entertainment use shall be established on a lot or lots within one thousand (1,000) feet of a residence district.

      (2)   No two (2) adult entertainment uses shall be located in the same premises or on the same lot. An adult entertainment use may never be an accessory use as that term is used in this Zoning Code.

      (3)   No adult entertainment use shall be established on a lot or lots within one thousand (1,000) feet of another lot or lots containing an existing adult entertainment use, or of a lot or lots where there is no building or structure, but for which a valid and current permit or certificate of occupancy is issued for an adult entertainment use.

      (4)   No adult entertainment use shall be established on a lot or lots within one thousand (1,000) feet of a pool or billiard hall or a video or pinball arcade or tattooing or body piercing establishment.

      (5)   No adult entertainment use shall be located on a lot or lots within one thousand (1,000) feet of a premises, which may be one (1) or more lots, having as its principal use: a church, synagogue or mosque; special education, preschool, kindergarten, elementary, junior high or high school; education or training facility for mentally or physically disabled persons; public or nonprofit community center in which there are regular programs for minors; public library; public park; public recreation center; playground; hospital; clinic; infirmary; nursing or convalescent homes; home for the aged; rest home; orphanage or day care center.

   (d)   Permit Applications. The City shall approve or disapprove the portion of the completed application requiring review under division (c) within thirty (30) calendar days of submission.

   (e)   Signs and Exterior Display. No adult entertainment use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" by display, decorations, sign, show window or other opening from any public view.

   (f)   Disseminating and Displaying Material Harmful to Juveniles. All adult entertainment uses shall comply with applicable state and local laws regarding the dissemination and display of material harmful to juveniles.

(Ord. No. 922-15. Passed 3-21-16, eff. 3-24-16)

   The following regulations apply to all lots in all zoning districts, except for those lots located in any district with a single or two (2) family dwelling- thereon.

   Where similar regulations are presented elsewhere in ordinances of the Building or Zoning Codes, the most restrictive requirements shall govern.

   (a)   Location. Where permitted by the Zoning Code, trash areas and refuse containers shall be located in such manner that they shall not be visible from the public street or from any lot or lots designated for residential purpose. Such trash areas shall be screened with opaque fencing not lower than the height of the refuse containers therein.

   Adequate vehicular access to and from such area or areas for collection of trash and/or garbage shall be provided at reasonable hours.

   (b)   Storage. All trash and garbage and all organic materials must be compacted, and all odorous materials must be stored in airtight containers to avoid emission of obnoxious odors.

   (c)   Construction. All refuse containers shall be built of noncombustible materials and placed on concrete slab. Loading and unloading doors of refuse containers shall have locking latches and must be locked at all times other than when refuse is being loaded or collected.

(Ord. No. 1003-87. Passed 6-15-87, eff. 6-19-87)

   No skate board facility shall be erected less than one hundred (100) feet from an existing residence building in any use district, or less than one hundred (100) feet from any residential district.

(Ord. No. 235-88. Passed 6-13-88, eff. 6-15-88)

   (a)   No temporary use shall be established until a permit for such use has been issued by the Commissioner of Building and Housing. A temporary permit shall not exceed thirty (30) days in duration. No temporary permit shall be issued within sixty (60) days of the expiration of a previous temporary permit for the same temporary use, on the same premises.

   (b)   Such temporary use permit shall constitute a temporary waiver of off-street parking requirements.

   (c)   Temporary use permits for carnivals and open-air festivals shall be in compliance with Sections 329.07 and 3105.29.

(Ord. No. 2228-A-88. Passed 2-27-89, eff. 3-7-89)

   (a)   Lot Width. Open sales lots, that are permanent uses shall have a minimum lot width of sixty (60) feet.

   (b)   Surfacing. All open areas of permanent use open sales lots that are intended either for display or for use as vehicular areas, shall be surfaced with asphalt, Portland cement, brick, paving block, or other dustless hard-surfaced, impervious all-weather material approved by the Commissioner of Building and Housing, provided however, that surfacing shall not be required on any open sales lot located on a lot in a General Industry or Unrestricted Industry District which does not abut any lot located in Residence Districts.

   (c)   Grading and Drainage. All permanent use open sales lots shall be graded for proper drainage. Storm water runoff shall be discharged into the City storm sewers or in another manner approved by the Director of Public Service. Water shall not be permitted to drain across public sidewalks or onto abutting lots.

   (d)   Screening. Permanent use open sales lots shall be screened as provided in Chapter 352, Landscaping, Screening, and Parking Lot and Public Garage Lighting.

   (e)   Definitions. As used in this section, “open sales lot” means open land that is used or occupied for the purpose of displaying: motor vehicles, boats, lawn tractors, trailers, manufactured homes, recreational vehicles, cemetery monuments, nursery plants or supplies, or other merchandise available for sale, lease, exchange, or other distribution.

(Ord. No. 1429-92. Passed 3-22-93, eff. 3-26-93)

   (a)   Except as provided in Section 347.07 regarding land used for adult entertainment purposes, where permitted in a particular use district, amusement and recreation uses, as described in Section 343.11, are subject to the following location regulations:

      (1)   Separation. No such use shall be established within five hundred (500) feet of a residential district or day care center, kindergarten, elementary or secondary school, public library, church, playground, public or nonprofit recreation center or community center;

      (2)   Spacing. No such use shall be established within five hundred (500) feet of another such use.

   (b)   Where permitted in a particular use district, tattooing and body piercing uses, as described in Section 343.11(b)(2)P., are subject to the following location regulations:

      (1)   Separation. No such use shall be established within one thousand (1,000) feet of a residential district or day care center, kindergarten, elementary or secondary school, public library, church, playground, public or nonprofit recreation center or community center;

      (2)   Spacing. No such use shall be established within one thousand (1,000) feet of another such use.

   (c)   Separation from Adult Entertainment. No pool or billiard hall or video or pinball arcade or tattooing or body piercing establishment shall be established within one thousand (1,000) feet of an adult entertainment use as defined in Section 347.07.

   (d)   Appeals. The Board of Zoning Appeals may approve an application which does not meet the regulations of this section if, after public notice and hearing, the Board determines that the proposed use, by virtue of its nature and location, will not adversely affect nearby residential areas or other protected uses listed in division (a) of this section. The Board may impose any conditions deemed necessary to prevent potential adverse impacts.

(Ord. 737-01. Passed 5-20-02, eff. 5-22-02)

   (a)   Where permitted in a particular use district, hookah lounges and vapor lounges, as described in Section 343.11, may only operate between 9:00 a.m. and 10:00 p.m. Sunday through Thursday and between 9:00 a.m. and 11:00 p.m. Friday and Saturday.

   (b)   Separation and Spacing. No such use shall be established within one thousand (1,000) feet of any school, playground, daycare, public park or other hookah lounge or vapor lounge, or within five hundred (500) feet of any residential district, church or religious building.

   (c)   Parking. Hookah lounges and vapor lounges shall provide a minimum of one (1) off-street parking place for each employee and one (1) for each seat based on the maximum seating capacity for the establishment.

   (d)   The requirements of this section shall not apply to prior legally conforming hookah lounge uses that are legally existing as of the effective date of Ordinance No. 978-15.

(Ord. 978-15. Passed 11-30-15, eff. 12-2-15)

   (a)   Purpose. The regulations of this section establish a public review process for the approval of outdoor works of art and will ensure that such works of art are constructed, situated and installed in a manner which protects the public safety.

   (b)   Applicability. This section shall apply to any work of art which is to be installed in an outdoor location and which will be visible from a public street or from another property. Customary holiday decorations and lighting shall not be subject to the provisions of this section.

   (c)   Building Permit Requirement. Except artwork which is painted onto or similarly applied to the surface of a building or other structure, and artwork which is composed exclusively of landscaping, every outdoor work of art shall be classified as a “structure” under the Zoning Code and shall be subject to Building Permit requirements applicable to structures pursuant to Chapters 327 and 3105 of the Codified Ordinances.

   (d)   City Planning Commission Approval. Except as provided in division (e) of this section, every outdoor work of art, whether or not such work of art is classified as a structure, shall be installed or displayed only after the approval of the City Planning Commission, acting in consultation with its designated review committee.

   (e)   Exceptions. An outdoor work of art which will be displayed for a period of thirty (30) days or less shall not be subject to approval by the City Planning Commission. In residential zoning districts, an outdoor work of art which is not more than four (4) feet in height and four (4) feet in width or which is not more than six (6) feet in height and two (2) feet in width shall not be subject to the provisions of this section, but shall be subject to all otherwise applicable sections of these Codified Ordinances.

   (f)   Issuance of Building Permit. The Commissioner of Building and Housing shall issue a permit for an outdoor work of art only, after approval by the City Planning Commission, if such approval is required, and only after determining that the work of art will not create safety hazards and that it meets all applicable provisions of the Building, Fire and Zoning Codes.

   (g)   Zoning Variances. Approval by the City Planning Commission of an outdoor work of art which fails to meet one (1) or more provisions of the Zoning Code shall eliminate the need for otherwise required action by the Board of Zoning Appeals.

   (h)   Meeting Notice Requirements. If the outdoor work of art is to be located within one hundred (100) feet of a residential zoning district, approval may be granted under division (g) of this section only after written notification to affected property owners. In such cases, the City Planning Commission shall send written notice to all owners of property located within two hundred (200) feet of the subject property. Such notice shall be mailed or delivered at least ten (10) days prior to the meeting at which the proposal will be considered and shall provide information regarding the nature of the proposal and the time and place of the City Planning Commission meeting.

(Ord. No. 876-94. Passed 6-13-94, eff. 6-18-94)

   (a)   Purpose. This section permits the location and operation of liquor sales stores as necessary to achieve the following:

      (1)   Protect the character of residential areas and to safeguard the economic health of local business districts;

      (2)   Protect the welfare of community facilities which provide on-premise services to children and families; and

      (3)   Promote traffic safety and general public safety.

   (b)   Applicability. Unless otherwise provided, this section shall apply to any “liquor sales store,” as defined herein, established on or after the initial effective date of this section, through the establishment of a new business or business activity, or conversion from State ownership to private ownership.

   (c)   Definition. For purposes of this section, “liquor sales store” means any business establishment which engages in the retail sale of “spirituous liquor”, as defined in RC 4301.01(B)(5), in sealed containers for consumption off the premises of such store.

   (d)   Zoning Districts. Liquor sales stores shall be permitted only in General Retail, Shopping Center, Semi-Industry and General Industry zoning districts, except that any such store in operation immediately prior to the initial effective date of this section may continue in operation or be converted to private ownership, in accordance with any and all sections of the Codified Ordinances pertaining to non-conforming uses.

   (e)   Prohibited Signs. The following signs shall be prohibited for use at all liquor sales stores:

      (1)   Flashing, moving or revolving signs; portable signs; and strings of pennants, propellers, pinwheels, streamers, balloons and similar small objects;

      (2)   Any signs in violation of RC 4301.22(F) or any rule promulgated by the Department of Liquor Control.

   (f)   Drive-Through Facilities. No liquor sales store shall sell spirituous liquor products through a drive-through window or other device which permits sales to motorists in their vehicles.

   (g)   Landscaping and Screening. No Certificate of Occupancy shall be issued for a liquor sales store which does not meet all landscaping and screening regulations established in Chapter 352 of the Codified Ordinances for either a new use or a change of use, as applicable, in accordance with the provisions of division (b) of Section 352.07. This requirement shall not, however, apply to a liquor sales store which is located on a parcel shared by two (2) or more other businesses which are not liquor sale stores if such liquor sales store was in operation immediately prior to the initial effective date of this section.

(Ord. No. 960-95. Passed 6-19-95, eff. 6-28-95)

   Correctional halfway houses, as defined in Section 325.121, shall be permitted only in accordance with the following regulations and other applicable regulations of the Codified Ordinances of the City of Cleveland.

   (a)   Purpose. The regulations of this section are intended to provide suitable locations for residential institutions which assist in enabling individuals to live independently, productively and lawfully as members of the larger community, following a period of incarceration or following a conviction for criminal activity. These regulations are also intended to ensure that such institutions are operated in a manner which serves the best interests of their residents, while protecting the safety of residents living in nearby neighborhoods.

   (b)   Certificate of Occupancy. No correctional halfway house shall be established or expanded before issuance by the Commissioner of Building and Housing of a Certificate of Occupancy. The Commissioner shall issue such Certificate only after approval by the Board of Zoning Appeals, as required in division (c) of this section.

   (c)   Board of Zoning Appeals Approval. No Certificate of Occupancy for establishment or expansion of a correctional halfway house shall be issued without approval of such application by the Board of Zoning Appeals, after public notice and a public hearing. In order to ensure compatibility between a proposed correctional halfway house, or expansion thereof, and surrounding properties, the Board may require modifications to a proposal as a condition of its approval. The Board shall determine the suitability of a proposed correctional halfway house, or expansion thereof, at a particular location, through consideration of, among others, the following factors.

      (1)   Conformance of the proposal to the requirements of this section and to other applicable regulations of the City’s Codified Ordinances;

      (2)   The record of the proposed operator in managing similar facilities; and

      (3)   The size of the proposed facility as it affects potential over-concentration of a correctional system population in the immediate vicinity.

   (d)   Permitted Locations. Correctional halfway houses shall be allowed in General Retail Business, Residence-Industry and Semi-Industry zoning districts, in accordance with all applicable regulations.

      (1)   Separation Standards. No correctional halfway house shall be established on a lot or lots within five hundred (500) feet of a Residential zoning district nor within five hundred (500) feet of the lot or lots occupied by a playground, public park, public recreation center, church or similar place of worship, public library, pre-school, day-care center, kindergarten, special education center, or primary or secondary school, measured in accordance with the standards of division (d)(3) of this section. Specifically, however, along the rear lot line of a property to be occupied by a correctional halfway house, this separation standard may be waived by the Board of Zoning Appeals, if, in the determination of the Board, adequate fencing, buffer areas and/or other barriers are in place or will be put in place to screen and separate the adjoining properties, and to prevent access between the properties.

      (2)   Spacing Standard. No correctional halfway house shall be established on a lot or lots within two thousand (2,000) feet of a lot or lots occupied by another such facility measured in accordance with the standards of division (d)(3) of this section. Furthermore, not more than two (2) correctional halfway houses shall be located in any Police District.

      (3)   Measurement Standard. In all instances where this section requires separation or spacing by a specified distance, such distance shall be measured in a geometrically straight line which represents the shortest distance between the lot or lots accommodating the proposed correctional halfway house and the lot or lots or zoning district from which the correctional halfway house is to be separated. Such measurement shall be made using a scaled map, or a survey if deemed necessary, and shall be made without regard to intervening structures, objects, uses, the street grid, landforms, waterways, or any other topographic feature.

   (e)   Licensing and Supervision. All correctional halfway houses operating in the City of Cleveland shall have all required licenses, including any required for operation of a correctional halfway house. On-site supervision by qualified staff shall be provided for all hours during which residents are on the premises. Security measures shall be sufficient to protect the safety of residents and other citizens in the vicinity of the facility.

   (f)   Floor Area and Occupancy Standards. A minimum of two hundred (200) square feet of habitable floor area shall be provided, on average, for each resident of a correctional halfway house, including staff members normally on the premises after 11:00 p.m. A maximum of one hundred (100) residents subject to correctional oversight shall be accommodated at any correctional halfway house. No correctional halfway house may operate with a total resident population of less than twenty (20) persons, which twenty (20) persons may include individuals not subject to correctional oversight.

   (g)   Parking. A minimum of one (1) off-street parking space shall be provided for every three (3) residents of a correctional halfway house, plus one (1) space for each staff person on duty during the largest shift. Such spaces shall be provided either on or directly adjacent to the property occupied by the facility.

   (h)   Excluded Residents. Correctional halfway houses shall not admit or accommodate residents who, at the time of their admission or at any time during their stay, exhibit a pattern of violent behavior, nor shall correctional halfway houses admit or accommodate residents who have been convicted of any of the following crimes: murder, rape or felony crimes against children.

   (i)   Revocation of Certificate. The Commissioner of Building and Housing shall revoke the Certificate of Occupancy issued to a correctional halfway house if it is determined that the facility is no longer licensed as required in this section or if compliance with City regulations or with requirements of the Board of Zoning Appeals is not maintained.

   (j)   Application. An application for a Certificate of Occupancy for a correctional halfway house shall include the following information, in addition to such information and drawings otherwise required under the Codified Ordinances.

      (1)   The name, address and telephone number of the operator, the agency holding the required State License, and the owner of the property on which the facility is to be established;

      (2)   The address of the proposed site;

      (3)   The name of the government agency providing or expected to provide a license to the operator; the term of such license; and the expiration date thereof;

      (4)   The proposed design capacity of the facility in terms of the number of residents and staff on the largest shift;

      (5)   Written policies of the operator governing admission to residence in the facility, and rules for residents, including rules for the storing and taking of medicine;

      (6)   A written affidavit from the operator that all residents will have been determined to be capable of functioning adequately in a community setting and will not constitute a reasonably foreseeable danger to the community;

      (7)   Client groups to be served by type, age, range, level of functioning or rehabilitation, nature of past institutionalization or incarceration, present status in treatment and in the correctional system (e.g., with respect to furlough, parole or probation status);

      (8)   Description of supervision and security arrangements, and a description of arrangements for maintenance of the facility and the grounds;

      (9)   Description of services to be provided to residents in on-site and off-site locations;

      (10)   Addresses of all similar facilities currently or previously operated by the proposed operator and the licensing agency;

      (11)   Plans and statements of all exterior and interior building alterations proposed to accommodate the facility;

      (12)   Number, size, location and surfacing of all off-street parking spaces, and a statement of the operator’s policy on keeping of cars by residents;

      (13)   Any other information deemed necessary by the Commissioner of Building and Housing to determine compliance with the provisions of this section and other applicable provisions of these Codified Ordinances.

   (k)   Notification. Upon receipt of an application for a Building Permit or Certificate of Occupancy for a correctional halfway house, the Division of Building and Housing shall send a copy to the Council member in whose ward the proposed facility would be located and shall submit a notification of the receipt of the application, including the proposed address, to the Council Clerk for publication in the City Record.

   (l)   Annual Registration. Prior to issuance of a Certificate of Occupancy for a correctional halfway house, the operator shall submit supervisor and operator information to the Division of Building and Housing. This information shall include the names and phone numbers of all on-site supervisors; the name, address and telephone number of the operator; if the operator is a partnership or a corporation, the names, addresses and telephone numbers of all general partners or officers; if any of the general partners are partnerships or corporations, the names, addresses and telephone numbers of all officers; and the name and address of the statutory agent, if any. The address for corporations and partnerships shall be the principal place of business and the address for natural persons shall be the home address. This information shall be amended upon a change to it, and shall be submitted annually to the Division of Building and Housing by the first day of February.

(Ord. No. 2215-96. Passed 4-7-97, eff. 4-7-97; Reprinted 7-2-97 CR)

   (a)   Purpose. This section establishes regulations concerning the location and operation of drive-through establishments to achieve the following:

      (1)   Promote safe and efficient vehicular and pedestrian circulation at drive-through establishments to protect the health and safety of patrons, employees and nearby residents;

      (2)   Protect adjacent properties from the adverse effects of drive-through operations, including noise, light and traffic which adverse effects have significantly increased due to technology upgrades in both lighting and sound systems; and

      (3)   Prohibit the placement of drive-through establishments in locations which could be hazardous to children and pedestrians.

   (b)   Definitions.

      (1)   For purposes of this section, “drive- through establishment” means any business establishment which engages in the retail sale of products through a drive-through window or other device to motorists in their vehicles.

      (2)   For purposes of this section, “bypass lane” means a lane allowing motor vehicle traffic to enter and exit the site without using the drive-through lane.

   (c)   Location. To prevent conditions hazardous to pedestrian children, no drive-through establishment shall be erected on any lot that abuts an elementary or junior high school, park, playground or public library.

   (d)   Lane Requirements.

      (1)   All drive-through establishments shall have no fewer than the following number of off-street stacking spaces for customer vehicles in each drive- through lane at the locations indicated:

 

 

      (2)   Drive-through establishments shall provide a bypass lane. This requirement shall not apply; however, to establishments designed to permit motor vehicle access only by using the drive-through facilities, such as double drive-through restaurants having no customer parking.

      (3)   All drive-through and bypass lanes shall have a minimum width of ten (10) feet and shall be striped or marked.

      (4)   Pedestrian routes between the entrances to the principal structure and any parking area or sidewalk which require the crossing of drive-through lanes shall either be avoided or shall be clearly identified to pedestrians and motorists by pavements markings or signage.

   (e)   Litter Control. The operator of a drive- through establishment shall keep the premises free of excess litter originating from the use and shall have refuse containers readily available for use by customers.

   (f)   Lot Size. Drive-through establishments shall have a minimum lot width of eighty (80) feet and a lot area of not less than twelve thousand (12,000) square feet.

   (g)   Abutting Residential Use. Drive-through establishments abutting any residential use shall conform to the applicable requirements of this division in addition to the other divisions of this section.

      (1)   No drive-through establishment shall cause or create any sound at any lot line of an abutting residential use that is greater than seventy (70) dBA.

      (2)   Drive-through establishments shall be landscaped and screened in conformance with Chapter 352 of the Codified Ordinances of Cleveland, Ohio, 1976.

      (3)   No drive-through establishment or any signage located on the site shall produce direct or indirect illumination greater than five-tenths (0.5) footcandles above the level of background effect at the boundaries of any residential use.

      (4)   Sources of light from a drive-through establishment shall be directed, shaded, shielded or otherwise arranged so as not to produce glare in an abutting residential use.

      (5)   No alley between a drive-through establishment and abutting residential use shall be used for circulation of customer traffic or as a bypass lane.

      (6)   Retail sales from drive-through lanes of a drive-through establishment abutting a residential use shall be prohibited from 9:30 p.m. to 6:00 a.m. daily.

   (h)   Application to Existing Drive-through Establishments. The Regulations contained in division (g) above shall apply to drive-through establishments that are legally existing as of the original date this section is enacted. These existing drive-through establishments rendered nonconforming by this section shall comply with the provisions of this section no later than May 1, 2000. The amendment to the Regulations in division (g)(6) as provided in Ordinance No. 78-14, which amendment changed the prohibited hours of operation from 11:00 p.m. to 6:00 a.m. to 9:30 p.m. to 6:00 a.m., shall not apply to drive-through establishments that are legally existing as of the effective date of Ordinance No. 78-14.

   (a)   Purpose. The regulations of this section are established to regulate the location of check-cashing businesses, and certain businesses that make short-term loans, small loans and mortgage loans, for the purpose of protecting neighborhoods from negative secondary effects created by the concentration or clustering of such businesses. Furthermore, the regulations are established to guard against market saturation which may lead to increased rates as an offset for lower business volume.

   (b)   Definitions. For purposes of this section:

      (1)   "Check-cashing business" means any business that is licensed, or is required to be licensed to cash checks under RC 1315.21 through 1315.30;

      (2)   "Short-term loan lender" means any business that is licensed, or is required to be licensed to make short term loans under RC 1321.35 through 1321.48;

      (3)   "Small loan lender" means any business that is licensed, or is required to be licensed to make small loans under RC 1321.01 to 1321.19; and

      (4)   "Mortgage loan lender" means any business that is licensed or is required to be licensed to make mortgage loans under RC 1321.51 through 1321.60.

      (5)   Exclusions. For purposes of this section, "check-cashing business", "short-term loan lender", "small loan lender" and "mortgage loan lender" do not include any bank, savings and loan, credit union or similar financial institution that is not licensed under, required to be licensed under, or otherwise regulated by the state laws cited in this division.

   (c)   Spacing. No check-cashing business, short-term loan lender, small loan lender or mortgage loan lender shall be established on a lot or lots within one thousand (1,000) feet of another lot or lots containing an existing check-cashing business, short-term loan lender, small loan lender or mortgage loan lender. No two (2) check-cashing businesses, short-term loan lenders, small loan lenders or mortgage loan lenders, in any combination, shall be located in the same building or on the same lot.

   (d)   Maximum Number. There shall be no more than one (1) check-cashing business, short-term loan lender, small loan lender or mortgage loan lender located within the City of Cleveland for each twenty thousand (20,000) persons residing in the City as recorded in the most recent decennial U.S. Census. No additional check-cashing businesses, short-term loan lenders, small loan lenders or mortgage loan lenders shall be established if the current number of check-cashing businesses, short-term loan lenders, small loan lenders or mortgage loan lenders exceeds the maximum number permitted.

   (e)   Exception. This section shall not apply to any check-cashing business, short-term loan lender, small loan lender or mortgage loan lender as defined above currently in operation prior to passage of this section.

(Ord. No. 670-12. Passed 10-22-12, eff. 10-25-12)

   (a)   Purpose. This section regulates the location and size of satellite dishes in order to protect the public health and safety and to protect the visual character of residential areas. This section is intended to comply with state and federal law, policies and guidelines and does not intend to impair the installation, maintenance, or use of satellite dishes.

   (b)   Definition. For purposes of this section, “satellite dish” means a round or oblong parabolic antenna designed to receive transmission signals from earth orbiting satellites.

   (c)   Location and Number.

      (1)   The preferred location of a roof-mounted satellite dish is as near to the rear property line as in practicable to not impose unreasonable limitations on reception.

      (2)   No satellite dish mounted in the ground or attached to a fence or tree shall be placed in a front yard or in a side yard if such side yard is located in a Residential District or adjacent to a Residential District.

      (3)   No free-standing satellite dish antenna shall be located closer than three (3) feet to any property line.

      (4)   For buildings containing one (1) or more dwelling units, there shall be no more than one (1) satellite dish antenna per dwelling unit and no more than four (4) for any building, which is less.

   (d)   Size.

      (1)   The maximum diameter of a satellite dish mounted to a one-family, two-family or three- family house shall be thirty-six (36) inches.

      (2)   The maximum length or diameter of any free-standing satellite dish mounted in the ground shall be ten (10) feet.

   (e)   Permits. A Building Permit shall be required for a satellite dish antenna only in the following instances:

      (1)   If the satellite dish antenna exceeds thirty-six (36) inches in diameter; or

      (2)   If the satellite dish antenna is mounted to a pole or other support structure that exceeds ten (10) feet in height.

   (f)   Applicability. The regulations of this section shall apply to all satellite dish antennas installed more than ninety (90) days after the effective date of this ordinance.

   (g)   Removal. Any satellite dish antenna that has been unused for reception for a continuous period of six (6) months or more shall be removed by the owner of the antenna.

      (1)   The maximum diameter of a satellite dish mounted to a one (1) family, two (2) family or three (3) family house shall be thirty-six (36) inches.

      (2)   The maximum length or diameter of any free-standing satellite dish mounted in the ground shall be ten (10) feet.

   (h)   Penalty. Whoever violates subsections (c) or (d) hereof is guilty of a minor misdemeanor.

(Ord. No. 675-09. Passed 11-29-10, eff. 11-30-10)

   (a)   Purpose. This section regulates the location and separation of state-licensed medical marijuana cultivators, processors, retail dispensaries, and testing laboratories in order to protect the public health and safety and to protect the character of residential areas. This section complies with RC 3796.29 and RC 3796.30 and does not intend to impair the use of state-licensed medical marijuana entities.

   (b)   Definitions. As used in this section and in this Zoning Code, and defined in OAC 3796:1-1-01(A):

      (1)   "Cultivator" means an entity that has been issued a certificate of operation by the Ohio Department of Commerce to grow, harvest, package, and transport medical marijuana as permitted under RC Chapter 3796.

      (2)   "Manufacture" means the process of converting harvested plant material into marijuana extract by physical or chemical means for use as an ingredient in a medical marijuana product.

      (3)   "Medical marijuana" means marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose.

      (4)   "Medical marijuana entity" means a licensed medical marijuana cultivator, processor, dispensary or testing laboratory.

      (5)   "Processor" means an entity that has been issued a certificate of operation by the Ohio Department of Commerce to manufacture medical marijuana products.

      (6)   "Retail Dispensary" means an entity licensed pursuant to RC 3796.04 and RC 3796.10 and any rules promulgated thereunder to sell medical marijuana to qualifying patients and caregivers.

      (7)   "Testing laboratory" means an independent laboratory located in Ohio that has been issued a certificate of operation by the Ohio Department of Commerce to have custody and use of controlled substances for scientific and medical purposes and for purposes of instruction, research, or analysis.

   (c)   Location. Where permitted in a particular use district, no state-licensed medical marijuana cultivator, processor, retail dispensary or laboratory that tests medical marijuana, shall be located or relocated within five hundred (500) feet of the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground or public park. This requirement does not apply to research related to marijuana conducted at a state university, academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity. As used in this section "state university" and "academic medical center" have the same meaning as in RC 3796.01.

(RC 3796.30; Ord. No. 1009-17. Passed 10-31-17, eff. 11-1-17)

   (a)   Purpose. This section regulates the location and separation of state-licensed adult use marijuana cultivators, processors, retail dispensaries, and testing laboratories in order to protect the public health and safety and to protect the character of residential areas. This section complies with RC 3780.07 and RC 3780.25 and does not intend to impair the use of state-licensed adult use cannabis operators.

   (b)   Definitions.

      (1)   As used in this section and in this Zoning Code, the following terms shall have the same meaning as in RC 3780.01: “adult use cannabis operator”, “adult use cultivator”, “adult use dispensary”, “adult use processor”, “adult use testing laboratory”, and “level III adult use cultivator”.

      (2)   As used in this section,

         A.   “Division” shall mean the Division of Cannabis Control of Ohio’s Department of Commerce.

         B.   “State university” and “academic medical center” shall have the same meanings as in RC 3796.01.

   (c)   Location. Where permitted in a particular use district, no state-licensed adult cannabis operator or adult use testing laboratory shall be located or relocated within five hundred (500) feet of the end boundaries of a parcel of real estate having situated on it a church, public library, public playground, public park, or school. This requirement does not apply to (i) research related to adult use cannabis conducted at a state university, academic medical center, or a private or public research and development organization as part of a research protocol approved by an institutional review board or equivalent entity, or any other entity as approved by the Division, or (ii) the other exceptions provided in divisions (B) through (D) of RC 3780.07.

(RC 3780.07; Ord. No. 529-2024. Passed 6-3-24, eff. 7-3-24)

   (a)   Purpose. The regulations of this section are established to regulate the location of small box discount retail stores for the purpose of protecting neighborhoods from negative secondary effects created by the concentration or clustering of such businesses. Furthermore, the regulations are established to avoid and reduce over-concentration and to maintain cleanliness for the health and safety of residents within our neighborhoods.

   (b)   Definitions. For purposes of this section:

      (1)   "Small Box Discount Retail Store" means a retail store of between three thousand (3,000) and fifteen thousand (15,000) square feet that dedicates less than fifteen percent (15%) of shelf space to fresh or fresh frozen foods and produce and sells at retail an assortment of physical goods, products or merchandise directly to the consumer, including food or beverages for off-premise consumption, personal grooming and health products, household goods and other consumer products that generally cost less than ten dollars ($10.00).

      (2)   "Fresh Produce" means fruits and vegetables that have not been processed in any manner. This term does not include such items as potted or dried herbs, wild rice, dried fruits and vegetables, raw nuts of any kind, popcorn, fruit or vegetable plants/seedlings, seeds/grains, flowers, maple syrup, cider, eggs, meat, cheese and seafood.

      (3)   "Fresh or Fresh Frozen Food" means food for human consumption that is in its raw state, or unprocessed; food that was quickly frozen while still fresh (blanching, blast freezing) and no deterioration has taken place.

      (4)   Exclusions. For purposes of this section, "small box discount retail store" does not include retail stores that dedicate less than five percent (5%) of shelf space to food sales, sell gasoline or diesel fuel, contain a prescription pharmacy or dedicate at least fifteen percent (15%) of shelf space to fresh or fresh frozen foods and produce.

   (c)   Spacing. No small box discount retail store shall be established on a lot or lots within ten thousand five hundred and sixty (10,560) feet (two (2) miles) of another lot or lots containing an existing small box discount retail store. No two (2) small box discount retail stores shall be located in the same building or on the same lot. Such distance shall be measured in a geometrically straight line which represents the shortest distance between the lot or lots accommodating the proposed small box discount retail store and the lot or lots from which the existing small box discount retail store is located. Such measurement shall be made using a scaled map, or a survey if deemed necessary, and shall be made without regard to intervening structures, objects, uses, the street grid, landforms or any other topographic feature.

   (d)   Maps Maintained in the Office of the City Planning Commission. The Director of City Planning shall maintain a map of existing Small Box Discount Retail Store locations and other information necessary to determine compliance with the spacing regulations under division (c) of this section.

   (e)   Floor and Shelf Plan Required. For any small box discount retail store subject to Section 347.20(c), a Floor and Shelf Plan shall be submitted as part of its Building Permit application in addition to any other required plans and information, and shall contain each of the following:

      (1)   The amount of shelf space dedicated to food sales and the amount of shelf space dedicated to fresh or fresh frozen foods and produce; and

      (2)   The types of goods, products, or merchandise to be sold and the general cost of such items.

   (f)   Maintenance. The owner and/or operator of a small box discount retail store shall comply with applicable provisions of these codified ordinances regarding maintenance of the premises and shall comply with the following:

      (1)   Keep the exterior of the site including the sidewalks and treelawns abutting the property free of litter and debris; and

      (2)   Provide one (1) or more solid waste containers located directly outside the primary entrance for the placement of paper, wrappers, and other items by customers and others. Such containers shall be maintained in good condition and be of suitable capacity to sufficiently contain litter and debris between scheduled waste collections.

   (g)   Exception. Section 347.20(c) shall not apply to any small box discount retail store as defined in Section 347.20(b)(1) currently in operation prior to the effective date of this section.

   (h)   Penalty. Whoever violates any provision of Section 347.20 shall be subject to the penalties set forth in Section 327.99.

(Ord. No. 816-2020. Passed 1-24-22, eff. 1-26-22)

   (a)   Purpose. The regulations of this section are established to regulate the location of Smoke Shops for the purpose of protecting neighborhoods from negative secondary effects created by the concentration or clustering of such businesses. Furthermore, the regulations are established to avoid and reduce over-concentration.

   (b)   Definitions. For purposes of this section:

      (1)   “Cannabidiol” or “CBD” means the cannabidiol compound, containing delta-9 tetrahydrocannabinol concentration of not more than three-tenths per cent, derived from hemp.

      (2)   “Electronic Smoking Device” has the same meaning as defined in RC 2927.02.

      (3)   “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths percent percent on a dry weight basis.

      (4)   “Kratom” means any parts of the plant Mitragyna speciosa, whether growing or not, and any compound, manufacture, salt, derivative, mixture, or preparation of that plant, including but not limited to, mitragynine and 7-hydroxymitragynine.

      (5)   “Smoke Shop” means any retail establishment at which twenty percent (20%) or more of floor, shelf, and/or display area(s), individually or in the aggregate, is used for the sale of Smoke Shop Products. No state-licensed medical or adult-use marijuana operator, cultivator, processor, dispensary, laboratory, or entity as defined in Sections 347.19(b) and 347.191(b) shall constitute a Smoke Shop for the purposes of this section.

      (6)   “Smoke Shop Product(s)” means:

         A.   Any product containing, made of, derived from, or containing any form of CBD, Kratom, and/or Hemp-derived or synthetic cannabinoid, including but not limited to Delta-8 THC, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by any other means;

         B.   Any product containing, made of, or derived from tobacco or containing any form of nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;

         C.   Any Electronic Smoking Device as defined in this section and any substances intended to be aerosolized or vaporized during the use of the device, whether the substance contains any form of tobacco, nicotine, CBD, Kratom, and/or Hemp-derived or synthetic cannabinoids; or

         D.   Any component, part, or accessory of A., B., or C. above, whether any of these contains tobacco, nicotine, CBD, Kratom, and/or Hemp-derived or synthetic cannabinoids, including, but not limited to, filters, rolling papers, blunt or hemp wraps, or pipes.

      Smoke Shop Product does not include any product that is a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.

   (c)   Spacing. No Smoke Shop shall be established on a lot or lots within ten thousand five hundred and sixty (10,560) feet (two (2) miles) of another lot or lots containing an existing Smoke Shop. No two (2) Smoke Shops shall be located in the same building or on the same lot. Such distance shall be measured in a geometrically straight line which represents the shortest distance between the lot or lots accommodating the proposed Smoke Shop and the lot or lots from which the existing Smoke Shop is located. Such measurement shall be made using a scaled map, or a survey if deemed necessary, and shall be made without regard to intervening structures, objects, uses, the street grid, landforms or any other topographic feature.

   (d)   Location. Where otherwise permitted in a particular use district, no Smoke Shop shall be located or relocated within five hundred (500) feet of the end boundaries of a parcel of real estate having situated on it a church, public library, public playground, public park, or school.

   (e)   Maps Maintained in the Office of the City Planning Commission. The Director of City Planning shall maintain a map of existing Smoke Shop locations and other information necessary to determine compliance with the spacing regulations under division (c) of this section.

   (f)   Floor, Shelf, and Display Plan Required. For any Smoke Shop, a floor, shelf and display plan shall be submitted as part of its Building Permit application in addition to any other required plans and information, and shall contain the amount of floor, shelf, and display area dedicated to Smoke Shop Products.

(Ord. No. 188-2025. Passed 4-14-25, eff. 4-16-25)