The use of any land in the City for any of the following purposes is hereby prohibited:

    1.   Airports;

    2.   Ammonia, bleaching powder or chlorine manufacture;

     3.   Asphalt manufacture or refining;

    4.   Assaying, other than gold or silver;

    5.   Billboards;

    6.   Blast furnaces;

    7.   Boiler works;

    8.   Brass, copper, iron or steel works or foundries;

    9.   Brick, concrete products, terra cotta or tile manufacture;

   10.   Celluloid manufacture or treatment;

   11.   Cement, lime or plaster of paris manufacture;

   12.   Crematories, other than a crematory located in a cemetery;

   13.   Creosote treatment or manufacture;

   14.   Curb filling stations;

   15.   Dextrine, glucose or starch manufacture;

   16.   Disinfectant and insecticide manufacture;

   17.   Distillation of bones, coal or wood;

   18.   Dyestuffs manufacture;

   19.   Electrical central station power plants;

   20.   Fat rendering;

   21.   Fertilizer manufacturer;

   22.   Fireworks or explosives storage or manufacture;

   23.   Freight and other railroad yards;

   24.   Gas manufacture or storage in excess of 1,000 cubic feet;

   25.   Gelatine, glue or size manufacture;

   26.   Grease, lard or tallow manufacture or refining;

   27.   Hydrochloric, nitric, sulphuric or sulphurous acid manufacture;

   28.   Incineration or reduction of garbage, offal or refuse;

   29.   Junk, scrap, iron or rag storage;

   30.   Lampblack manufacture;

   31.   Linoleum or oilcloth manufacture;

   32.   Manufacturing;

   33.   Oil, paint, turpentine or varnish manufacture;

   34.   Outside display and sales of any product or merchandise, unless specifically permitted under applicable provisions of this Zoning Code;

   35.   Overnight housing or selling of animals;

   36.   Petroleum refining or bulk storage and distribution plants, other than retail outlets;

    37.   Planing mills or sawmills;

   38.   Printing ink manufacture;

   39.   Pyrozylin plastic manufacture or manufacture of articles therefrom;

   40.   Rags and scrap paper, storage or baling of;

   41.   Railroad yards or roundhouses;

   42.   Raw hides or skins, storage, curing or tanning of;

   43.   Rayon or rayon silk manufacture;

   44.   Rolling mills;

   45.   Rubber manufacture from the crude material;

   46.   Slaughtering of animals or fowl;

   47.   Smelting of iron;

   48.   Soap manufacture;

   49.   Stockyards;

   50.   Stone crushing;

   51.   Sugar refining;

   52.   Tar distillation or manufacture;

   53.   Tar roofing or tar waterproofing manufacture;

   54.   Used car lots or used car sales, except in conjunction with an automobile sales agency selling new automobiles;

   55.   Yeast manufacture;

   56.   Any other trade, industry or use that is noxious or offensive by reason of the emission of odor, dust, smoke, gas or noise, but car barns or places of amusement are not excluded.

   57.   Cultivating, processing or dispensing adult use, recreational and medical marijuana and cannabis products, in accordance with R.C. Chapters 3719, 3780, and 3796, as well as all other applicable chapters of the Ohio Revised Code.

(Ord. 1987-10. Passed 4-13-87; Ord. 2017-24. Passed 2-26-18; Ord. 2023-33. Passed 5-31-24.)

   (EDITOR'S NOTE: Section 1195.02 was repealed by Ordinance 1993-22, passed June 28, 1993.)

   (a)   The area required in a side or rear yard shall be open from the established grade, or from the natural grade, if higher than the established grade, to the sky, unobstructed, except for ordinary projections of window sills, belt courses, cornices and other ornamental features to the extent of not more than four inches. However, within five feet of the street wall, a cornice may project not more than three feet into such yard. Further, if the building is not over two and one-half stories in height, the cornice may project not more than two and one-half feet into such yard.

   (b)   A corner of a yard may be cut off between the walls of the same building, provided that the length of the wall of such cut-off does not exceed seven feet.

   (c)   A main building and any accessory building erected on the same lot shall, for the purpose of side and rear yard requirements, be considered as a single building.

(Ord. 1985-29. Passed 10-14-85.)

   (a)   For purposes of regulating front and side yards of corner buildings and the alignment of buildings in reference to street frontages, and in reference to light, air and fire regulations, building lines as set forth on the Zone Map which accompanies this Zoning Code are hereby established and are hereby declared to be a part of this Zoning Code. All buildings, whether residence, business or any other type, which are situated on a lot which abuts Mayfield Road, shall be required to use the Mayfield Road frontage as their building front. All buildings, whether residence, business or any other type, which are situated on a lot which abuts S.O.M. Center Road, shall be required to use the S.O.M. Center Road frontage as their building front, except that all buildings, whether residence, business or any other type, which are situated on a lot which abuts Mayfield Road and S.O.M. Center Road, shall be required to use the Mayfield Road frontage as their building front.

   (b)   Where lines are not shown or uses are not indicated on such Map, and subject to the other provisions of this section, setbacks for buildings are hereby established for the front lines thereof, as follows:

      (1)   Cedar Road. All buildings, whether residence, business or any other type - 110 feet from the centerline;

      (2)   S.O.M. Center Road. All buildings, whether residence, business or any other type - 110 feet from the centerline;

      (3)   Mayfield Road. All buildings, whether residence, business or any other type - 120 feet from the centerline;

      (4)   Lander Road. All buildings, whether residence, business or any other type - 110 feet from the centerline; and

      (5)   All other roads and streets. Residences - thirty-five feet from nearest street line.

   (c)   Where lines are not shown or uses are not indicated on the Zone Map, and subject to other provisions of this section, setbacks for buildings are hereby established for the side lines thereof, as follows:

   S.O.M. Center Road/Mayfield Road. All buildings, whether residence, business or any other type, which have frontage, on both Mayfield Road and S.O.M. Center Road - thirty feet from the sideline of S.O.M. Center Road.

   (d)   Between a building line and the street line, no person shall erect a building or portion of a building above the established grade.

(Ord. 1996-36. Passed 12-9-96.)

   (a)   Unless otherwise specifically provided, no building or structure in the City shall exceed a height of thirty-five feet.

   (b)   Where the width of a lot at the building line is less than 100 feet, no building or structure shall exceed a height of thirty feet.

   (c)   Subsections (a) and (b) hereof shall not apply to restrict the height of a high-rise apartment, church spire, belfry, chimney flue or elevator bulkhead.

   (d)   The Board of Zoning Appeals may, after public notice and hearing and subject to such conditions and safeguards as the Commission may prescribe to protect the appropriate use of neighboring property, permit the erection of a building or portion of a building, covering not more than twenty-five percent of the area of the lot, to a height in excess of the limits prescribed in subsections (a) and (b) hereof, which permission shall be confirmed by resolution of Council before becoming effective.

   (e)   Nothing in this Zoning Code shall prevent the erection, above the height limit, of a parapet wall or cornice, solely for ornament and without windows, extending above such height limit not more than three feet.

(Ord. 1985-29. Passed 10-14-85.)

   (a)   A store, trade or business shall not be permitted as an accessory use, except that a home occupation may be carried on in a dwelling or apartment.

   (b)   As used in this section, "home occupation" means an activity in a residence, such as dressmaking, preserving, home cooking and a professional occupation of a resident of the premises, subject to the limitations of this section.

   (c)   Any occupation, activity and/or use is hereby prohibited, and no occupation, activity or use shall be construed to be permitted or included within the terms "home occupation," "home industry" and "accessory use," when such occupation, activity and/or use:

      (1)   Is injurious;

      (2)   Is noxious, offensive or detrimental to the neighborhood;

      (3)   Is carried on by persons that are not residents of the dwelling on the premises;

      (4)   Generates pedestrian or automobile traffic of clients or associates that is not normal to a residential district;

      (5)   Involves the use of or occupies any other space or any other building, besides the main building, or requires the use of more than ten percent of the gross floor area of the residence;

      (6)   Involves the use or storage of material or equipment not normally associated with the residential household;

      (7)   Involves the sale of commodities on the premises or the sale of a product not raised on the premises;

      (8)   Involves any display that will indicate from the exterior that the building is being utilized for any purpose other than that of a dwelling, or involves the use of any sign;

      (9)   Involves any automobile dismantling or any motor vehicle repair work with vehicular storage on the premises and the streets beyond those owned and operated by the residents of the premises;

      (10)   Involves any treatment, care, boarding or lodging of persons, except those of one's own family and two other persons who are to live in a familial setting in a single housekeeping unit;

      (11)   Involves a use as a funeral home, mortuary or undertaking establishment, laundry, dry cleaning or clothes pressing establishment, convalescing or nursing home, tourist home, massage parlor, barber shop, beauty parlor or similar establishment;

      (12)   Involves the alteration of the interior or exterior of the premises so as not to change the residential character; or

      (13)   Violates any restrictions applying to accessory uses in residential districts, or involves any other occupation, use or activity that is excluded, prohibited or otherwise not permitted in this section or that would substantially change the character of the residential district.

   (d)   In a U-1, U-2 or U-3 District, a private driveway or walk used for access to a lower class use shall, in no case, be permitted as an accessory use.

(Ord. 1985-39. Passed 1-27-86; Ord. 1986-8. Passed 5-12-86.)

   (a)   Permits and Fees; Participation.

      (1)   Each resident merchant must obtain a permit through the Building Department.

      (2)   A ten dollar ($10.00) fee will be charged for this permit.

      (3)   Only local merchants and established businesses with permanent City addresses will be permitted to participate in the sidewalk sale.

      (4)   Prior to the sidewalk sale, the City must be provided with written approval from the shopping center owner stating that he or she consents to and authorizes the sidewalk sale.

   (b)   Hours of Sales; Number of Sales; Security; Permitted Districts.

      (1)   Hours of the sidewalk sale are limited to 9:00 a.m. to 7:00 p.m.

      (2)   All merchandise is to be returned to the interior of the stores by 8:00 p.m.

      (3)   Only one sidewalk sale per calendar year is permitted. Each sale will last three days only.

      (4)   All stores located in a shopping center must have their sidewalk sales on the same date, within the prescribed time frame.

      (5)   Each participating store or business owner must have at least one employee working the sidewalk sale at all times. Any shopping center with ten or more merchants participating in the sidewalk sale must, at the merchant's own expense, provide one police officer (or more, if needed) for additional security.

      (6)   Fire lanes must be maintained at all times.

      (7)   Sidewalk sales are permitted only in U-4 and U-4(A) zoning districts.

   (c)   Merchandise Displays.

      (1)   Merchandise must be displayed on racks, tables or similar displays in the store front only. Sales from booths, cars, parking lots, City sidewalks or City streets are not permitted. Racks are not to impede pedestrian or vehicular traffic or shopping center parking and must be arranged in an orderly manner.

      (2)   Any and all merchandise sold at the sidewalk sale must come directly from theparticipating store's inventory on hand.

   (d)   Miscellaneous Restrictions; Advertising.

      (1)   Any sale of food is limited to those restaurants which are established in the participating shopping center.

      (2)   No outdoor preparation of food is permitted. Food may only be sold outdoors and the resident merchant selling the food outdoors must comply with all Department of Health rules and regulations.

      (3)   No personal or professional services, including, but not limited to, haircutting, are permitted to be performed outside the establishment. All professional or personal services are to be performed in the physical confines of the businesses.

      (4)   Sale of alcoholic beverages outdoors is prohibited.

      (5)   "Going Out of Business" sidewalk sales are prohibited.

      (6)   Advertising for the sidewalk sale, other than written, is limited to the participating merchants' store fronts only. Any and all written advertising must conform to the City's sign ordinance.

(Ord. 1999-18. Passed 7-6-99.)