Richmond Heights City Zoning Code
CHAPTER 1180
Regulated Uses
1180.01 PURPOSE.
In the enactment, execution and enforcement of this chapter, it is recognized that there are certain uses which, due to the nature of their operation, are recognized as having seriously objectionable operational characteristics, particularly when several of such uses are concentrated in close proximity to each other thereby having a detrimental effect upon the surrounding area. The regulation of these uses is necessary to insure that the detrimental effects will not contribute to the blighting, downgrading or other diminution of property values of the surrounding neighborhood. The primary purpose of these regulations is to prevent a concentration of these uses in any one area. Uses subject to these controls are:
(a) Adult book store;
(b) Adult motion picture theatre;
(c) Adult peep show;
(d) Massage establishment.
(Ord. 8-90. Passed 3-13-90.)
1180.02 DEFINITIONS.
As used in this chapter, the following terms shall have the following definitions:
(a) "Adult book store" means an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals or motion picture films, video tapes or sound recordings which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” (as defined below) or an establishment with a segment or section devoted to the sale or display of such material.
(b) "Adult motion picture theatre" means an establishment wherein motion pictures are shown which present material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," (as defined below) for observation by patrons therein.
(c) "Adult peep show" means an enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," (as defined below), for observation by patrons therein by means of coin-operated or manually-operated viewing devices.
(d) "Massage establishment" means an establishment or operation within the meaning of Ohio R.C. 4731.15 and 715.61.
(e) "Specified sexual activities" and "specified anatomical areas".
(1) For the purpose of this section, "specified sexual activities" is defined as:
A. Human genitals in a state of sexual stimulation or arousal;
B. Acts of human masturbation, sexual intercourse or sodomy; bondage, sadomasochism or bestiality;
C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(2) "Specified anatomical areas" is defined as:
A. Less than completely and opaquely covered:
1. Human genitals, pubic region,
2. Buttock, and
3. Female breast below a point immediately above the top of the areola; and
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(Ord. 8-90. Passed 3-13-90.)
1180.03 LOCATION REGULATIONS.
Except as otherwise provided under the waiver provisions of this chapter, no building or land shall hereafter be used for any of the uses set out in Section 1180.01 if:
(a) The boundaries of the site of the proposed location is within one thousand feet of a residentially-zoned district; or
(b) The boundaries of the site of the proposed location is within one thousand feet of a church or elementary, intermediate or high school; or
(c) There are already in existence one or more regulated uses within one thousand feet of the boundaries of the site of the proposed regulated use.
(Ord. 8-90. Passed 3-13-90.)
1180.04 APPLICATION PROCEDURE; WAIVER PROVISIONS.
Applications to establish any of the above regulated uses shall be forwarded immediately by the Building Commissioner to the Planning Commission.
(a) The Planning Commission may recommend Council waive the one thousand feet separation regulation if, after receiving evidence at a regular meeting, the following specific findings are made:
(1) That the proposed use will not be contrary to the public interest or injurious to nearby properties, nor adversely affect the general welfare of the neighborhood, and that the spirit and intent of this chapter will be observed.
(2) That the proposed use will not enlarge or encourage the development of a "skid row" area.
(3) That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal.
(4) That all applicable regulations of this chapter will be observed.
(b) Prior to any recommendation granting permission for such regulated use, the Planning Commission shall give due notice of receipt of any application under consideration (Notice of Application) to all persons to whom any real property within one thousand feet of the premises in question shall be addressed, and to the occupants of all single, two, three and four family buildings and to the managers of all multi-unit buildings over four families (who shall be requested to post such notice in an appropriate location within the multi-unit building) and to all places within one thousand feet, and to any neighborhood improvement organizations known to exist in the area (who have informed the Commission in writing of their existence). Such notice shall be delivered personally or by mail addressed to the respective owners and if the tenant's name is not known, the term "Occupant" may be used.
(c) The Notice of Application shall inform the recipient of the applicant's name, the applicant's proposal, the local address and the lot number and subdivision name of the premises in question, and the section of the Zoning Ordinance under which the proposal is being processed. Such notice shall also invite the expression of comments, statements or opinions either in writing or in person with a time period expiring not less than fourteen days from the mailing date of such Notice of Application.
(d) Subsequent to the deadline for response to the Notice of Application, a decision shall be made by the Planning Commission (taking into consideration the comments, statements and opinions expressed) to recommend to Council to either approve, approve with conditions or deny the proposal in accordance with the standards set forth in this section. The recommendation of the Planning Commission shall be subject to the approval of Council.
(e) A copy of the recommendation of the Planning Commission shall be mailed to the applicant and to all persons responding to the Notice of Application informing them that the Commission's recommendation will not take effect pending a public hearing and decision by Council.
(f) Council may waive the locational requirements upon appeal of any of the regulated uses if the findings required in Section 1180.04(a) are specifically made and after receiving a report and recommendation from the Planning Commission.
(g) In recommending or approving a permit for any regulated use the Planning Commission or Council may impose any such conditions or limitations upon the establishment, location, construction, maintenance or operation of the regulated use as may in its judgment be necessary for the protection of the public interest. Any evidence and guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.
(h) When the decision of Council becomes final, Council shall immediately notify the Building Commissioner in writing indicating the approval, approval with conditions (in which case the conditions shall be set out in detail) or denial.
If the decision of Council approves, or approves with conditions, the requested waiver, the Building Commissioner shall, if all other applicable building code and zoning code regulations have been complied with, issue an occupancy permit subject to any conditions imposed.
(Ord. 8-90. Passed 3-13-90.)
(Ord. 8-90. Passed 3-13-90.)
1180.99 PENALTY; EQUITABLE REMEDIES.
(a) Whoever violates any provision of this chapter, or any effective rule or regulation promulgated hereunder, or fails to comply therewith or with any written notice or written order issued hereunder, or refuses to permit lawful entry by the Building Commissioner or other city department heads or their representatives, and whoever interferes with, obstructs or hinders the Building Commissioner while he is attempting to make a lawful inspection, is guilty of a misdemeanor of the first degree, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(b) The imposition of any penalty shall not preclude the Director of Law from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful repair or maintenance, or to restrain, correct or abate a violation, or to prevent the occupancy of a building, structure or premises or to require compliance with the provisions of this chapter or other applicable laws, ordinances, rules or regulations, or the orders or determinations of the Building Commissioner or Council.
(Ord. 76-2003. Passed 9-23-03.)
(Ord. 76-2003. Passed 9-23-03.)