This chapter establishes supplemental lot and structure requirements, design standards, and use limitations for specific, potentially troublesome, structures and uses. These requirements apply in every zoning district where the specific structure or use is permitted or allowed. If more stringent requirements are applicable in any particular district, such requirements shall prevail.

(Ord. 2022-24. Passed 5-24-22.)

         A.   Single flag lots shall have twenty feet of frontage on a publicly dedicated street.

         B.   With two or three contiguous flag lots, a deeded 15 foot strip of land for each lot is required with a common unobstructed access easement for a shared driveway to the public street.

         C.   No more than three contiguous flag lots shall be permitted.

         A.   Flag lots shall have a minimum of thirty feet of frontage and a maximum of fifty feet of frontage on a publicly dedicated street.

         B.   In the case of two contiguous flag lots, there shall be a minimum of thirty feet of frontage and a maximum of fifty feet of frontage, for both lots combined, on a publicly dedicated street and include a common private driveway.

         C.   With two contiguous flag lots, a deeded strip of land that shall be at least fifteen feet wide, and not greater than twenty-five feet in width, to provide each lot with a common unobstructed access easement for a shared driveway to the public street.

(Ord. 2022-24. Passed 5-24-22; Ord. 2024-88. Passed 2-25-25.)

   An existing residence shall not be converted to accommodate or create an increased number of dwelling units unless:

   (a)   The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that zoning district.

   (b)   The lot area per dwelling equals the lot area requirements for new structures in that zoning district.

   (c)   The floor area per dwelling unit is not reduced to less than that which is required for new construction in that zoning district.

   (d)   The dwelling conversion is otherwise in compliance with this Zoning Code (e.g., property is zoned for two-family or multifamily use) and all other relevant codes and ordinances.

(Ord. 2022-24. Passed 5-24-22.)

      (1)   “Club Swimming Pool “ means a pool maintained and operated by a private club or a neighborhood association, incorporated as a nonprofit organization, for the exclusive use of a limited number of members and their guests.

      (2)   “Commercial Swimming Pool” means a pool operated for a profit and open to the public upon payment of a fee.

      (3)   “Portable Swimming Pool” means a swimming pool that is only capable of holding less than twenty-four inches of water, at the deepest point, and are nine feet or less in water surface diameter at the widest point, or less than sixty-five square feet in surface area.

      (4)   “Private Residential Swimming Pool” means a pool maintained for the sole use of a dwelling and guests, without charge for admission and located as an accessory use to a dwelling. Private residential swimming pools may also be permitted as part of a multifamily residential development.

      (5)   “Swimming Pool” means an artificial water pool of steel, masonry, concrete, aluminum or plastic construction located out of doors, which has a square foot water surface area of 300 square feet or more, or a depth at any point of more than two feet, or both, and includes any lounging and spectator areas and any accessory buildings, structures or equipment.

         A.   A conditional use permit shall be required for any club swimming pool or commercial swimming pool.

         B.   Conditional use permits shall be renewed each year for any commercial pool.

         A.   The construction, plumbing and electrical requirements, inspection and other safety facilities, shall be regulated by other ordinances and codes of the Municipality.

         B.   All permanent swimming pools two feet or more in depth or which has a square foot water surface area of 300 square feet or more shall require the issuance of a building permit.

         C.   All permanent club and commercial swimming pools, three feet or more in depth shall require approval by the State Board of Health.

      (1)   No swimming pool or related accessory building, structure, fencing, equipment or concrete deck area serving a swimming pool shall be located in any front yard or side yard area.

      (2)   Any swimming pool or related accessory building, structure, fencing, equipment or concrete deck area serving a swimming pool shall only be located in a rear yard and shall be setback a minimum of ten feet from any side yard or rear yard property line.

      (3)   A swimming pool is to be used solely for the enjoyment of the occupants and their guests of the principal use of the property on which it is located.

         A.   Outdoor swimming pools, hot tubs and spas, containing water more than twenty-four inches in depth shall be completely surrounded by a fence or structural barrier at least forty-eight inches in height above the finished ground level measured on the outside of the structural barrier.

         B.   Effective means must be provided to deny access to the pool, spa or hot tub when not in use or a responsible person is not in attendance.

         C.   No existing swimming pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.

         D.   Gates and doors in such structural barriers shall be self-closing and self-latching. Where the self-latching device is less than fifty-four inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches from the gatepost.

         E.   Where an above-ground pool structure is used as a structural barrier or where the structural barrier is mounted on the top of the pool structure and the means of access is a ladder or steps, then the ladder or steps shall be surrounded by a structural barrier or shall be capable of being secured, locked or removed to prevent access.

         F.   Where a wall of a dwelling serves as part of the structural barrier, all doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The alarm shall sound continuously for a minimum of thirty seconds immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm shall be equipped with a manual means, such as a touchpad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for not more than fifteen seconds. The deactivation switch(es) shall be located at least fifty-four inches(54") above the threshold of the door.

         G.   Every swimming pool, including existing pools, shall be completely enclosed by a fence or other permissible barrier of sturdy construction, the top of which shall not be less than forty-eight inches (four feet) above the level of the ground where located, which shall be of such design and construction as to effectively prevent a child from crawling or otherwise passing through or under such barrier.

         H.   Pools, spas or hot tubs which use a safety cover for a structural barrier shall comply with the American Society for Testing and Materials - F 1346 Performance Specification for safety covers.

         A.   Spas, Hot Tubs, and Similar Water Recreational Devices, having a span of nine feet or less at the widest point, shall be locked with a top specifically made from the manufacturer of the spas or hot tubs, in lieu of a fence, whenever not in the immediate supervision of a responsible adult.

         A.   Portable pools that are only capable of holding less than twenty-four inches at the deepest point, and are nine feet or less in water surface diameter at the widest point, or less than sixty-five square feet in surface area.

         B.   Portable pools that are not erected, whether containing water or not, on one’s property, when not wholly enclosed inside of a building, except for between and including the dates of May 1 through September 30 of the same calendar year.

         C.   Portable pools shall not create any safety or health hazards. It is solely the responsibility of the property owner that these types of pools are not a safety hazard or do not become a health hazard.

         D.   Portable pools are not permitted in front yards.

         E.   Water recirculating system or involve structural materials shall not be utilized.

         F.   Portable pools may be required to be removed or required to adhere to the swimming pool regulations if all criteria are not met as determined by the Building Commissioner.

         G.   No swimming pool permit shall be required for a portable pool.

      (1)   A club swimming pool may be located in a residential zoning district, provided that the lot on which it is located is at least three acres in area and access to it is provided only from a major arterial or from a collector street.

      (2)   The swimming pool, accessory buildings, structures and equipment shall be located at least seventy-five feet from any adjoining residential lot line.

      (3)   The premises or area occupied by the swimming pool shall be fenced and lighting fixtures shall be designed and located in accordance with this section.

(Ord. 2022-24. Passed 5-24-22.)

      (1)   The following items shall require the issuance of a building permit prior to the start of any construction activity:

         A.   New and modified fences;

         B.   New and modified walls greater than four feet in height as measured from the lowest at-grade level of the wall; and

         C.   Accessory structures. (See Chapter 1141 for additional accessory use standards)

      (2)   The permit application for fences and qualifying walls shall include drawings of the fence and / or wall showing location on the lot, height and distance from any buildings and walkways.

      (3)   The Building Commissioner will review the proposed fence and/or qualifying wall as to location, height, configuration and type and thereafter may approve, reject, or approve with modifications.

      (4)   Upon approval, the Building Department shall issue a building permit. Upon an approval with modifications, the owner/applicant shall agree to modifications, in writing or through revised plans, before a building permit may be issued.

      (1)   Fence height shall be measured as the vertical distance between the grade of the ground abutting the fence and the top edge of the fence material including any ornamental or decorative extensions of a fence.

      (2)   When measuring the height of a fence located on sloping topography, the fence height shall be measured from the lowest point within three feet on either side of the fence as depicted in the diagram below.

  

      (1)   All fences shall be installed so finished surface sides face toward adjacent properties.

            1.   Landscape features within a triangle formed between points on the front and side lot lines within thirty-five feet from their intersection shall be maintained to a height not more than two and one-half feet above the curb level.

            2.   A fence is permitted in the front yard of a corner lot to a maximum height of four feet and when located no closer than three feet to the nearest edge of the sidewalk.

            3.   A fence is permitted in the front yard of a corner lot to a maximum height of five feet and when located no closer than fifty percent (50%) of the dwelling side yard setback distance measured from the edge of the sidewalk.

            1.   A fence or wall shall be permitted along a side yard or rear yard lot line to a height not more than six feet above the finished grade. For the purpose of this section, a “solid fence” shall be defined as any fence design having less than 50% open area.

            2.   A solid fence in a rear yard is permitted up to a height of six feet (6').

            1.   No fence shall be permitted in a side yard unless an exterior door is located on the side of the dwelling. When a side exterior door ispresent, the fence shall extend no more than two feet beyond the door. In no instance shall a side yard fence be located closer than fifteen feet to the front building wall face of the dwelling.

            2.   When a fence is permitted in a side yard, the fence may be constructed up to a height of six feet.

   

   

         A.   Front yard. Fences, walls, and similar screening devices shall be prohibited in any front yard area.

         B.   Side yard. Fences, walls, and similar screening devices located in any side yard area shall not exceed six feet in height.

         C.   Rear yard. Fences, walls, and similar screening devices located in any rear yard area shall not exceed eight feet in height.

      (1)   Fence posts or similar supporting structural element shall be a minimum of four inches by four inches.

      (2)   All stringer elements shall be a minimum of two inches by four inches and consist of three stringers for every six lineal feet of fencing.

      (3)   Picket style fencing shall provide for a minimum five-eighths inch thickness picket element.

      (4)   All wood fences shall be treated with weather preservatives or painted and well maintained. All new fences shall be painted or stained within one year of permit approval.

      (5)   Chain link fences shall be the type that is rubber or vinyl coated.

      (1)   All fences, walls, vegetation specifically installed for screening, and similar screening devices shall be properly maintained by the property owner in good condition so as not to become unsightly, unsafe, a nuisance or detrimental to the surrounding area. Such maintenance shall include painting, cleaning, and structural soundness in the case of a fence, wall, or other man-made object; and trimming, pruning, cutting, and other landscaping in the case of a hedge or other planting so that there is no aesthetic detriment to the surrounding area.

      (2)   All fences shall be installed so finished surface sides face toward neighboring properties.

      (4)   The property owner or applicant is responsible for determining the location of all property lines when installing a wall or fence.

      (7)   All electric and barbed wire fences and walls shall be prohibited.

         A.   Common property lines in any yard area shall have no more than one fence constructed between the two adjoining lots unless satisfying the requirements of either Section 1157.05(f)(8)B. or Section 1157.05(f)(8)C.

         B.   If an applicant seeks to place a fence adjoining an existing fence on a common lot line within two feet or less, from the lot line, the applicant shall provide written documentation that the adjoining property owner approves of the installation of the second fence in the location proposed by the applicant.

         C.   If the adjoining property owner refuses to approve of applicant’s proposed adjoining fence location, the applicant may install a fence no closer than two feet from the lot line.

      (9)   In any single-family or two-family zoning district, no fence shall be erected in any portion of a side yard area that abuts a driveway on the adjacent (neighboring) lot.

(Ord. 2022-24. Passed 5-24-22; Ord. 2023-6. Passed 6-27-23; Ord. 2024-88. Passed 2-25-25.)

   (a)   This section shall set forth regulations and the permitting process for the temporary parking in the front yard of recreational vehicles or equipment as defined in this Zoning Code. This section shall also apply to agricultural or horticultural vehicles. All vehicles regulated by this section shall collectively be referred to as “subject vehicles.”

      (1)   Except as provided in this division (b) herein, boats, any type of trailer, recreational vehicles, campers, other equipment and supplies may be stored on a residential zoned lot, provided that they are located in a completely enclosed structure. An “enclosed structure” shall mean a roofed structure contained on all sides by walls which are pierced only by windows, vents or customary entrances and exits.

         A.   For temporary parking, no wheels or similar transporting devices shall be removed, nor shall such boat, trailer or recreational vehicle be temporarily or permanently fixed to the ground.

         B.   No open storage or unenclosed storage shall be permitted in any residential zoning district.

         C.   No temporary parking of boats, any type of trailer, recreational vehicles, campers, other equipment and supplies shall not be permitted in any PMU zoning district featuring a multifamily residential land use.

      (1)   The property owner obtains a permit from the Building Department.

      (2)   Thereafter, there is no change of ownership of the real estate.

      (3)   No occupancy for human habitation is maintained or business conducted within the subject vehicle.

      (4)   The subject vehicle is fully maintained in appearance and functionality.

      (5)   No such vehicle is temporarily or permanently affixed to ground.

      (6)   The storage of a subject vehicle is only permitted in a rear yard area and must comply with the setback requirements for accessory buildings.

      (7)   No wheels or similar transporting devices shall be removed, nor shall such boat, trailer or recreational vehicle be temporarily or permanently fixed to the ground.

      (8)   Said boat, trailer, or recreational vehicle is not replaced with another boat, trailer, or recreational vehicle.

      (9)   Permit applicant must present the vehicle title to establish date of ownership of any vehicle which is required by state law to be titled.

      (10)   No such vehicle or other equipment shall be parked or stored on a public or private street, alley, tree lawn or sidewalk, except vehicles licensed for street travel may be parked on public or private streets during the hours and in the areas designated for automobiles as specified elsewhere in the codified ordinances, provided such vehicles are currently licensed.

      (11)   No such vehicle or other equipment shall have fixed connections to electricity, water, gas, or sanitary sewer facilities, nor shall any such vehicle or other equipment at any time be used for living or housekeeping purposes on the lot.

      (12)   Any such vehicle or other equipment shall be kept in good repair and in working condition, with current license plate, unless stored in a parking garage.

      (1)   No commercial vehicle shall be parked, stored or allowed on any lot or parcel of land or on a public or private street in any residential zoning district.

      (2)   These standards shall not apply to any commercial vehicle which is making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on the residential street, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon the residential street for which a building permit has previously been obtained.

(Ord. 2022-24. Passed 5-24-22.)

      (1)   The professional home office use shall not create pedestrian or vehicular traffic beyond that normally generated by residential uses in the vicinity.

      (2)   No signs shall be permitted to be installed on the residence or lot.

      (3)   No supplies or equipment related to the business shall be stored outside the dwelling.

      (4)   No more than one vehicle related to the professional home office may be used or stored on the premises.

      (5)   The professional home office activity shall not create any external physical effects such as noise, smoke, odors, vibrations, electromagnetic wave interference, line voltage fluctuations, or similar physical impacts.

      (6)   No more than four hundred square feet of the premises may be used in connection with the professional home office activity.

      (7)   A maximum of one business delivery per day shall be permitted, provided that the delivery does not interfere with traffic circulation.

      (8)   A maximum of one employee who lives in the dwelling may be employed as part of the professional home office.

(Ord. 2022-24. Passed 5-24-22.)

   (a)   Portable temporary storage structures, related temporary storage structures and garbage dumpsters or similar containers for garbage may be utilized as a temporary structure within the City when in compliance with the standards of this section. Any use of such structures within the City not in compliance with this division shall be unlawful.

         A.   An approved permit is valid for the specified thirty-day time frame duration from the time of delivery to the time of removal and shall be valid for only one temporary structure.

         B.   Such temporary storage or dumpster structure may not be located on a specific property more than four times in any calendar year period.

         C.   Applicants seeking to extend the time frame consistent with the provisions in this division must complete a new application and submit a new permit application fee payment for each time period sought.

      (2)   No more than one temporary storage structure and no more than one temporary dumpster may be located on a specific piece of property within the City at any time.

      (3)   Such temporary structure may not exceed eight feet six inches in height, ten feet in width or twenty feet in length.

      (4)   A temporary storage or temporary dumpster structure may be permitted in the front yard only when placed upon a driveway.

      (5)   Such temporary structure shall be located no closer than five feet to any property line.

      (6)   All such temporary structures shall comply with the appropriate Building Code provisions and such other requirements as are imposed by the City or the Building Commissioner to ensure the safety of the public.

      (1)   It shall be the obligation of the owner of the property or tenant which the temporary storage or temporary dumpster structure is located to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary structure.

      (2)   In the event of high winds or other weather conditions in which such structure may become a physical danger to persons or property, the appropriate law enforcement officers may require the immediate removal of such temporary structure.

      (1)   Any temporary storage or temporary dumpster structure which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of a law enforcement officer for removal of such temporary structure for safety reasons, may be removed by the City immediately, without notice, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the temporary structure was located and may be filed as a lien against such property by the City.

      (2)   Such lien shall be superior in priority to all other liens or encumbrances upon the property, including the lien of a mortgage, and shall be equal in priority to the lien of ad valorem taxes.

(Ord. 2022-24. Passed 5-24-22.)

      (1)   Such structures are limited to offices, yards and buildings for the storage of equipment, lumber and other building materials.

      (2)   The operations and activities carried on within such structures do not adversely affect the use of nearby dwellings by reason of noise, smoke, dust, odor, fumes, vibration, electrical disturbance or glare to a greater extent than normal in a residential zoning district that is being developed.

      (3)   The hours of operation shall be from 7:00 a.m. to 6:00 p.m., and the concentration of vehicles servicing the premises in connection with such construction use is not more hazardous than normal traffic in a residential zoning district that is being developed.

      (4)   All temporary structures are located at least 100 feet from the nearest occupied residential dwelling.

      (5)   All structures and yard storage areas are enclosed by a fence.

(Ord. 2022-24. Passed 5-24-22.)

      (1)   These performance standards are applicable to all land uses in all zoning districts within the City, and both initial and continued compliance is required.

      (2)   As a condition precedent to the further use of property, no use already established shall be altered, added to or otherwise modified, so as to conflict with, or further conflict with, the performance standards set forth in this Section.

      (3)   Any change in the principal use of land, a structure or a building shall constitute a discontinuance and be fully subject to these standards and provisions.

      (4)   Any condition or land use falling under the jurisdiction of the standards of this Zoning Code and not in full conformance with these standards shall be brought into full compliance immediately upon discontinuance of the existing use of land, structure or building.

      (5)   At any time, a principal or accessory use is changed or any existing use is altered or modified, the Planning Commission may require a written statement of compliance be provided by the property owner declaring that such changed principal use or modification or alteration of an existing use will comply with all applicable performance standards set forth in this Section.

         A.   Any written statement of compliance may be subject to an independent opinion determination.

         B.   Such independent opinion determination may be ordered by the City and involve the hiring of an independent study by a professional engineer or other appropriate expert qualified in the particular field in question.

         C.   The cost for such independent opinion determination services shall be paid by the property owner.

         A.   All permitted principal uses and accessory uses and operations, except off-street parking, shall be performed wholly within an enclosed building or buildings.

         B.   All raw materials, finished products and any other equipment shall be stored within fully enclosed buildings.

         A.   The storage, handling and use of flammable or explosive materials shall be permitted only in structures having incombustible exterior walls.

         B.   All activities concerned with flammable or explosive materials shall be provided with adequate safety and protective devices against hazards of fire and explosion as well as with adequate fire-fighting suppression equipment and devices standard to the operation involved.

         C.   Automatic sprinkling systems may be required.

         D.   All buildings shall be accessible to fire-fighting equipment and shall comply with the Fire Prevention Codes of the City and the State.

         A.   No garbage, rubbish, waste matter, empty containers or waste processing equipment shall be permitted outside of any building, unless a specific outside storage area is approved by the Planning Commission.

         B.   If outside waste storage is approved by the Planning Commission, such storage shall be in containers approved by the Director of Public Service, and the waste container area shall be fully screened from public view subject to the screening standards set forth in Chapter 1151. The specific type and method of such screening shall be subject to approval by the Planning Commission.

         C.   No liquid waste shall be discharged into an open body of water or a sewer, unless treated or controlled so that the amount of solid substances, oils, grease, acids, alkalines and other chemicals does not exceed the amount permitted by other codes of the State, County or City. No waste containing material harmful to the sewerage system or the sewage treatment process shall be discharged into the Municipal sewerage system. Damage resulting from accidental spills or emissions of solid, liquid or gaseous waste shall be the responsibility of the offenders.

      (1)   The Building Commissioner shall, before issuing such notice, make technical determinations of any probable violation when such determinations can be made using equipment and trained personnel normally available to the City or obtainable without extraordinary expense.

      (2)   In certain cases, however, technical complexity or extraordinary expense may make it fiscally unreasonable for the City to maintain personnel or equipment for making determinations of violation prior to issuing a notice of violation. In such cases, a notice of violation may be issued when the Building Commissioner has other reason to believe there is probable violation.

      (3)   The Building Commissioner shall give notice of violation by any means that ensures a signed receipt for such notice to the party responsible for the alleged violation. The notice shall describe the alleged violation and the results of technical determinations or the other reasons why the Building Commissioner believes there is a violation.

         A.   The notice shall require either an answer or correction of the alleged violation and within a time limit he or she shall specify in the notice.

         B.   The notice shall also state that failure to provide an answer or correct the alleged violation within this time limit shall constitute admission of a performance standards violation.

         C.   The notice shall further state that, if technical determinations have not already been made, upon request of the alleged violator such determinations will be made.

         D.   If a violation is found as a result of such determinations, the cost incurred to seek a technical determination will be assessed against the properties or parties responsible in addition to any other penalties provided for. If no violation is found, the City shall be responsible for the costs incurred in seeking a technical determination under this section.

(Ord. 2022-24.Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

      (1)   The Planning Commission shall not have jurisdiction over the review or determination of any building permit requesting demolition of a single-family or two-family structure.

      (2)   The Building Commissioner shall have the authority to review and issue a determination of approval or denial on all building permits requesting demolition of a single-family or two-family residential structures.

      (1)   The application shall be accompanied by such data as the Building Commissioner may deem to be necessary.

      (2)   If the Building Commissioner determines that such demolition is proposed to be conducted in such manner as to avoid detrimental or blighting influences upon the neighborhood and to avoid interfering with or impairing the use and enjoyment of the neighboring premises.

      (1)   If the applicant’s proposed use is a permitted principal use or accessory use to a permitted principal use within the zoning district, the Planning Commission may simultaneously consider the development plans of the applicant to determine preliminary or final approval in accordance with the development plan provision of this Zoning Code.

      (2)   If the applicant’s proposed use of the zoning lot is a conditional use or an accessory use to a conditional use within the zoning district, Planning Commission shall simultaneously determine whether such use complies with the purpose and intent and basic planning objectives of this Zoning Code, complies with the planning objectives for the zoning district and the standards expressed in the Conditional Use Chapter, and complies with(or is deemed to comply by reason of satisfying the planning objectives of) all substantive requirements of this Zoning Code applicable to such use.

      (3)   If the Planning Commission determines that the proposed demolition is to be conducted in such manner as to avoid detrimental or blighting influences upon the neighborhood and to avoid interfering with or impairing the use and enjoyment of the neighboring premises, it shall approve the application for a building permit for the demolition, notwithstanding its findings regarding the proposed use or development plan.

      (4)   Prior to action being taken by the Planning Commission on an application for a building permit for the demolition of a building, the Planning Commission shall cause written notice of the initial meeting at which such application shall be considered by the Commission to be mailed, by first class mail, at least ten days before the date of such meeting, to the owners of property within 200 feet from the borders of such parcel or parcels on which the application for demolition of a building has been made to the addresses of such owners appearing on the Cuyahoga County Auditor’s current tax list or the Treasurer’s mailing list and to such other list or lists that may be specified by the Commission. The failure of delivery of such notice shall not invalidate any action by the Commission.

(Ord. 2022-24. Passed 5-24-22.)

         (1)   Sexually oriented business establishments require special supervision from the public safety agencies of the City in order to protect and preserve the health, safety, morals, and welfare of the patrons and employees of the businesses as well as the citizens of the City.

         (2)   This Council finds that sexually oriented business establishments are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature.

      (3)   The concern over sexually transmitted diseases is a legitimate health concern of this City that demands reasonable regulation of sexually oriented business establishments by this City in the specified manner, and expanded authority for reasonable regulation of sexually oriented business establishments by local governments, in order to protect the health and well-being of the citizens.

      (4)   Minimal regulations enacted by this City are a legitimate and reasonable means of accountability to ensure that operators of sexually oriented business establishments comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.

      (5)   There is convincing documented evidence that sexually oriented business establishments, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, cause increased crime, particularly in the overnight hours, and downgrade property values.

      (6)   This Council desires to minimize and control these adverse effects by regulating sexually oriented business establishments in the specified manner. By minimizing and controlling these adverse effects, this Council seeks to protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight.

      (7)   This Council has determined that current local zoning and other locational criteria do not adequately protect the health, safety, and general welfare of the people of this City and that expanded regulation of sexually oriented business establishments is necessary.

      (8)   It is not the intent of this Council in enacting this act to suppress or authorize the suppression of any speech activities protected by the First Amendment, but to enact content-neutral statutes that address the secondary effects of sexually oriented business establishments.

      (9)   It is not the intent of this Council to condone or legitimize the distribution of obscene material, and this Council recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages state law enforcement officials to enforce state obscenity statutes against any such illegal activities in this state.

       (10)   It is the intent of this Council in enacting this chapter to regulate in the specified manner sexually oriented business establishments in order to promote the health, safety, morals, and general welfare of the citizens of this City and establish reasonable regulations to prevent the deleterious secondary effects of sexually oriented business establishments within this City. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent of this Council in enacting this chapter to restrict or deny, or authorize the restriction or denial of, access by adults to sexually oriented materials protected by the First Amendment, or to deny, or authorize the denial of, access by the distributors and exhibitors of adult entertainment and adult materials to their intended market. Neither is it the intent nor effect of this Council in enacting this chapter to condone or legitimize the distribution or exhibition of obscene material.

      (1)   Sexually oriented business establishments lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments.

      (2)   Certain employees of sexually oriented business establishments, as defined in this section as adult theaters and cabarets, engage in a higher incidence of certain types of illicit sexual behavior than employees of other establishments.

      (3)   Sexual acts, including masturbation and oral and anal sex, occur at sexually oriented business establishments, especially those that provide private or semiprivate booths or cubicles for viewing films, videos, or live sex shows. The “couch dances” or “lap dances” that frequently occur in sexually oriented business establishments featuring live nude or seminude dancers constitute or may constitute the offense of “engaging in prostitution” under R.C. § 2907.25.

      (4)   Offering and providing private or semi-private booths or cubicles encourages such activities, which creates unhealthy conditions.

      (5)   Persons frequent certain adult theaters, adult arcades, and other sexually oriented business establishments for the purpose of engaging in sexual activity within the premises of those sexually oriented business establishments.

      (6)   Numerous communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection(HIV- AIDS), genital herpes, hepatitis salmonella, campylobacter and shigella infections, chlamydial, myoplasmal and ureoplasmal infections, trichomoniasis, and chancroid.

      (7)   Sanitary conditions in some sexually oriented business establishments are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

      (8)   Sexually oriented businesses, as a category of commercial uses, are often associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter and sexual assault and exploitation.

      (9)   Illegal and unsanitary acts involving nudity, including lewd conduct, masturbation, oral and anal sex, occur at unregulated sexually oriented businesses, including those businesses which provide private or semi-private rooms, booths, or cubicles for viewing films, videos or live performances.

      (10)   Each of the foregoing negative secondary effects constitutes a harm which this City has a substantial government interest in preventing and/or abating. This substantial governmental interest in preventing secondary effects, which is this City’s rationale for this chapter, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, this City’s interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may located in this City. The City finds that the cases and documentation relied on in this Zoning Code are reasonably believed to be relevant to said secondary effects.

      (11)   Sexually oriented business establishments have operational characteristics that require or subject them to reasonable government regulation in order to protect those substantial governmental concerns.

      (12)   The enactment of this chapter will promote the general welfare, health, morals, and safety of the citizens of this City.

      (1)   It shall be unlawful to establish, operate, or cause to be operated a sexually oriented business in Middleburg Heights unless the sexually oriented business is located at least 1,320 feet from another sexually oriented business.

      (2)   It shall be unlawful to establish, operate, or cause to be operated a sexually oriented business in Middleburg Heights, unless the sexually oriented business is located at least 1,000 feet from the following “sensitive uses”:

         A.   One thousand feet from the closest boundary of any residential zoning district or parcel containing a residential land use.

         B.   One thousand feet from any child day-care center, hospital, hotel, public or private parks and outdoor recreation, religious institution, public use facility, residential care facility, public or private educational institution or senior independent living community uses in or adjacent to the City, whether or not such use is conforming or nonconforming, in or adjacent to the City.

         C.   One thousand feet from all parcels containing a business that is licensed to serve alcohol and is not primarily engaged in the sale and service of food at the premises.

         A.   The measure of distance shall be from the outermost wall of the structure or proposed structure of the sexually oriented business that is nearest to the applicable sensitive use or other sexually oriented business establishment as set forth in this Section, to the property line of the applicable sensitive use or other sexually oriented business establishment, along the shortest possible straight line course, without regard to intervening structures or topography considerations.

         B.   Where a sexually oriented business is located within a multi-tenant structure, the measurement shall be to or from the closest part of the tenant space occupied by the sexually oriented business.

(Ord. 2022-24. Passed 5-24-22.)

   (a)   Minor yard amenities shall be defined as minor permanent or temporary structures or equipment, accessory to a permitted or conditional use, which:

      (1)   Provide amenities for the persons living or working on such premises.

      (2)   Involve only the use of minor quantities of materials or minor(in number and size) items of equipment.

      (3)   Are conducive to the enjoyment of the premises for a permitted use.

      (4)   Are consistent with the purpose, intent and basic planning objectives of this Zoning Code and with the objectives for the zoning district in which located.

      (5)   Are consistent with the permitted use of the zoning lot.

      (6)   Are so located that natural light and ventilation are not materially obstructed from the principal building or any adjoining property.

   (b)   Examples of minor yard amenity structures or equipment (subject to the requirements of division (a) above), are arbors, trellises and other landscaping features; flagpoles, lawn furniture; lawn statues, playground equipment such as swings or basketball equipment, outdoor storage equipment.

      (1)   The Building Commissioner shall make the determination whether a structure or piece of equipment qualifies as a “minor yard amenity.”

      (2)   All minor yard amenities proposed for any front yard area shall be approved by the Building Commissioner and may be subject to screening or special setback requirements determined on a case-by-case basis.

      (3)   A basketball pole and hoop system shall be permitted in the front yard area without approval from the Building Commissioner.

   (c)   The use of any minor structure or equipment shall be terminated and any such structure or equipment shall be removed or any deficiency therein corrected, and any permit therefore shall be revoked, if the Building Commissioner at any time determines that any use does not conform to the requirements of this chapter or other substantive requirements of this Zoning Code.

(Ord. 2022-24. Passed 5-24-22.)