Sheffield City Zoning Code
CHAPTER 1107
Zoning Districts and Principal Uses
1107.01 PURPOSE.
The purpose of this chapter is to set out the individual purpose statements for each of the Village's zoning districts as well as the list of uses that are allowed within each zoning district. The uses are either allowed or prohibited, and where they are allowed, they may be permitted, permitted with additional standards, or conditionally permitted with additional review. Finally, this chapter includes use-specific standards for a variety of uses that apply to those uses alone, in addition to all other applicable standards of this code.
(Ord. 2879. Passed 10-23-23.)
1107.02 ESTABLISHMENT OF ZONING DISTRICTS.
(a) Districts Established.
(1) The Village hereby establishes the zoning districts in Table 1107-1 to carry out the purposes of this code and to assist in the implementation of plans adopted by the Village. All such regulations are uniform for each class or kind of building, structure, or use throughout each individual district.
TABLE 1107-1 SHEFFIELD VILLAGE ZONING DISTRICTS | |
Abbreviation | District Name |
Residential Zoning Districts | |
R | Single-Family Residence District |
M-1 | Multi-Family Residence district |
Nonresidential Zoning Districts | |
C-2 | Limited Retail/Office District |
C-3 | General Commercial District |
C-4 | Multi-Family/Office District |
I-1 | Industrial District |
P-1 | Public and Institutional District |
Special Zoning Districts | |
PUD | Planned Unit Development Overlay District |
(2) Whenever abbreviated terms such as R, C-2, I-1, P-I, PUD, etc., are used in the code, they shall be construed as referring to their corresponding district name.
(b) References to Previous Zoning Districts. Some of the district classifications and names established within this code differ from previous versions of this code. Table 1107 2 identifies how each of the previous district classifications was renamed in this code. This table shall be used for comparison purposes only.
TABLE 1107-2 ZONING DISTRICT TRANSITION TABLE | |||
Zoning Districts in the Planning and Zoning Code Effective Prior to October 23, 2023 | Zoning Districts in the Planning and Zoning Code Effective October 23, 2023 or After | ||
Abbrev. | District Name | Abbrev. | District Name |
Residential Zoning Districts | |||
R-1 | Residence District | R | Single–Family Residence District |
R-2 | Residence District | ||
M-1 | Multiple Family Residence District | M-1 | Multi-Family Residence District |
Nonresidential Zoning Districts | |||
R-C | Recreation Camp Ground District | - - - | District Eliminated |
C-1 | Commercial Recreation District | C-2 | Limited Retail/Office District |
C-2 | Limited Retail/Office District | ||
C-3 | General Commercial District | C-3 | General Commercial District |
C-4 | Multi-Family/Office District | C-4 | Multi-Family/Office District |
IP-1 | Industrial Park District | I-1 | Industrial District |
I-1 | Industrial District | ||
- - - | District Did Not Exist | P-1 | Public and Institutional District |
Special Zoning Districts | |||
- - - | District Did Not Exist | PUD | Planned Unit Development Overlay District |
(Ord. 2879. Passed 10-23-23.)
1107.03 ZONING DISTRICT MAP AND DISTRICT BOUNDARIES.
(a) Zoning Districts Map. All land within Sheffield Village shall be placed into at least one of the zoning districts established in Table 1107-1. Such zoning shall be shown on the Official Zoning District Map of Sheffield Village, Ohio, which may hereafter be referred to as the "zoning map." The zoning map, including any notations, shall be incorporated and made a part of this code, thereby having the same force and effect as if fully described in writing.
(b) Interpretation of Zoning District Boundaries. Where uncertainty exists with respect to the boundaries of the various districts, as shown on the zoning map, the following rules apply:
(1) Where zoning district boundary lines are indicated as approximately following a lot line, such lot line shall be the zoning district boundary.
(2) Where zoning district boundary lines are indicated as approximately following a center line of a street or highway, alley, railroad easement, or other rights-of-way, or a river, creek, or other watercourses, such centerline shall be the zoning district boundary. In the event of a natural change in the location of such streams, rivers, or other water courses, the zoning district boundary shall be construed as moving with the channel centerline.
(3) Where zoning district boundary lines are indicated as approximately following Village municipal limits, such Village municipal limits shall be the zoning district boundary.
(4) When the actual street, right-of-way, property line boundary, or other existing ground condition is in conflict with that shown on the zoning map, the BZA shall provide the necessary interpretation following a public hearing with notice in the same manner as an appeal. The person contesting the location of the district boundary shall be given a reasonable opportunity to submit technical evidence to illustrate the boundary.
(c) Zoning of Vacated Properties. Whenever any street, alley, or other public right-of-way is vacated in a manner authorized by law, the zoning district adjoining each side of such street, alley, or public right-of-way shall be automatically extended to the center of such vacation, and all areas included in the vacation shall then and henceforth be subject to all regulations of the extended district.
(d) Zoning of Annexed Territories. All territory that may hereinafter be annexed to the Village, if already zoned, shall be continued in its existing zoning classification until amended in conformance with the procedures outlined in Section 1105.03.
(Ord. 2879. Passed 10-23-23.)
1107.04 ZONING DISTRICT PURPOSE STATEMENTS.
In addition to the overall purpose of this code. as established in Section 1101.01, the following are the purpose statements for the individual base zoning districts in Sheffield Village. The purpose statement for Planned Unit Developments (PUDs) is established in Chapter 1109: Planned Unit Developments.
(a) Residential Districts (R and M-1). Sheffield Village is comprised of a significant amount of vacant land and detached, single-family dwellings as well as some multi-family residential areas. While single-family residences require high standards for the use and location of principal and accessory buildings if the residential areas are to be maintained and remain high-quality places in which to live, flexibility is required in the regulations in order to provide opportunities for diversity in dwelling type as well as to preserve open space. Residential district regulations are established to carry out the above purpose and the specific objectives below:
(1) The Single-Family Residence District (R) is intended to provide areas for medium-density, single-family development with a minimum lot size of 15,000 square feet, primarily located in subdivided and partially developed portions of the Village.
(2) The Multi-Family Family Residence District (M-1) is intended to provide limited areas for multiple-family dwellings with up to a maximum of six dwelling units per acre.
(b) Commercial Districts (C-2, C-3, and C-4). The commercial district regulations are established to ensure the availability of suitable areas for various commercial uses while encouraging the most desirable and beneficial use of land and protecting the character and value of residential property in Sheffield Village. Three commercial districts have been established to meet the needs of the community that, include:
(1) The Limited Retail/Office District (C-2) is intended to provide areas for a limited number of retail and office uses on primarily large parcels while excluding outdoor storage and automotive uses.
(2) The General Commercial District (C-3) is intended to provide areas to accommodate a wide range of commercial uses in a manner that does not intrude upon residential areas.
(3) The Multi-Family/Office District (C-4) is intended to provide areas for larger multiple-family development of ten (10) acres or more and office developments in order to serve as a transition between the general commercial and the R or M-1 Districts.
(c) Industrial Districts (I-1). The I-I District is established to provide for manufacturing, industrial, processing, fabrication, packaging, assembly, related uses, and related facilities within the community in conformance with specific standards and in a manner compatible with the primarily residential character of Sheffield Village.
(d) Public and Institutional District (P-I). The purpose of the Public and Institutional District is to:
(1) Provide proper zoning classification for government, civic, welfare, and recreation facilities in the proper locations and extents so as to promote general safety, convenience, comfort, and welfare;
(2) Protect public and semi-public facilities and institutions from the encroachment of certain other uses and make such uses compatible with adjoining residential uses; and
(3) Provide an environment for the proper functioning of public facilities in relation to plans for community facilities.
(Ord. 2879. Passed 10-23-23.)
1107.05 ALLOWED PRINCIPAL USES.
(a) Table 1107 3 lists the principal uses allowed within the various zoning districts in Sheffield Village. Chapter 1109: Planned Unit Developments identifies the uses that are allowed in PUDs.
(b) Explanation of Permitted Uses Table.
(1) Permitted Uses (P).
A. A "P" in a cell indicates that a use type is allowed by right in the respective zoning district. Permitted uses are subject to all other applicable standards of this code.
(2) Permitted Uses with Standards (PS).
A. A "PS" in a cell indicates that a use type is allowed by right in the respective zoning district if it meets the additional standards as identified in the last column of Table 1107-3. Permitted uses with standards are subject to all other applicable standards of this code.
B. Uses permitted with standards are approved administratively by the Planning Commission through the site plan review process (See Section 1105.05) or by the Village Administrator through the zoning compliance review procedure (See Section 1105.06.), unless subject to additional reviews (e.g., variance, etc.).
(3) Conditional Uses (C).
A. A "C" in a cell indicates that a use may be permitted if approved by the Planning Commission through the conditional use review procedure (See Section 1105.04.). Conditional uses may be subject to use-specific standards as identified in the last column of Table 1107-3. Conditional uses are subject to all other applicable standards of this code.
B. The existence or lack of additional use-specific standards in this code shall not be implied to be the only standards the use is required to meet. Any conditional use listed in the table shall be subject to the general review standards for all conditional uses established in Section 1105.04(d).
C. Where a use is listed as PS/C, there may be certain circumstances in which a conditional use approval may be required rather than the use being permitted with standards. The specific approval required shall be as established in the use-specific standards.
(4) Prohibited Uses (XX).
A. An "XX" in a cell indicates that a use is specifically prohibited in the applicable zoning district.
B. Any use not specifically listed in the table shall be considered prohibited unless approved as a similar use (See Section 1107.05(d).) or through a code text amendment.
C. There may be districts where the specified use is prohibited or restricted, under special conditions, by the use-specific standards referenced in the last column of Table 1107-3.
D. The following uses are specifically prohibited in Sheffield Village and may not be approved as a similar use in accordance with Section 1107.05(d):
i. Medical marijuana dispensary;
ii. Medical marijuana cultivation;
iii. Medical marijuana processing;
iv. Medical marijuana business;
v. Any gambling activity that is not expressly allowed by state law within a building or use allowed under this code;
vi. Internet gaming/sweepstakes cafes;
vii. Battery reclamation or manufacturing, the manufacturing or processing of regulated substances as the principal activity, the manufacturing of paints, varnishes, lacquers, and enamels, or any similar type of use that could potentially create a brownfield site;
viii. Transfer, storage, or disposal facilities requiring a permit under the Resource Conservation and Recovery Act of 1976;
ix. Junk and scrap metal/auto salvage and recycling yards;
x. Sanitary/solid waste landfills;
xi. Construction and demolition debris landfills; and
xii. Outdoor storage of goods, materials, or vehicles as the principal use of a property.
(5) Use-Specific Standards.
A. The column titled "Use-Specific Standards" includes cross-references to a section containing standards that apply specifically to the listed use.
B. Use-specific standards shall only apply if the use is permitted with standards (PS) and/or a conditional use (C) in the zoning district.
C. Standards referenced in the "Use-Specific Standards" column apply in all zoning districts unless otherwise expressly stated.
D. The land uses and activities covered by this section shall comply with the applicable use-specific standards in all districts unless otherwise specified, in addition to all other applicable provisions of this code.
(c) Multiple Uses. If multiple uses are proposed on a single lot or in a single building, then each of the individual uses has to be allowed in the applicable zoning district and reviewed in accordance with how the individual use is allowed in the district (i.e., permitted, permitted with standards, or conditional use).
(d) Similar Use Determination and Unlisted Uses.
(1) When a specific proposed use is not listed in Table 1107-3, as determined by the Village Administrator, the applicant may request that the proposed use be reviewed by the Planning Commission to determine if the proposed use is similar in nature to an allowed use.
(2) The Planning Commission, at a regular public meeting, may determine that a proposed use is substantially similar to a use that is permitted, permitted with standards, or conditional as established in Table 1107-3 based on:
A. The proposed use activities;
B. The character of the proposed use as compared to other uses;
C. Similarity to existing uses within the Village; and/or
D. Information on the use that may be available from third-party land use resources such as documentation from the American Planning Association, Urban Land Institute, or similar organizations.
(3) If the Planning Commission determines that the proposed use is substantially similar to another use established in Table 1107-3, the application shall be processed in the same manner as the similar use.
(4) In finding that a proposed use is similar to a use established in Table 1107-3, the Village Administrator shall make a note of the similar use on the application form submitted by the applicant (e.g., zoning compliance review, site plan review, conditional use, etc.).
(5) If the Planning Commission makes the determination that a use is not allowed, the application shall be denied.
Table 1107-3 PRINCIPAL USES | ||||||||
P = Permitted Use PS = Permitted Use with Standards C= Conditional Uses XX= Prohibited Uses | ||||||||
Principal Land Uses | R | M-1 | C-2 | C-3 | C-4 | I-1 | P-1 | Use Specific Standards See Section: |
Agricultural Uses | ||||||||
Agricultural Uses | PS or C | XX | XX | XX | XX | XX | XX | 1107.06(a) |
Commercial Greenhouse or Nursery | C | XX | XX | XX | XX | XX | XX | |
Residential Uses | ||||||||
Dwelling, Multi-Family | XX | P | XX | XX | P | XX | XX | |
Dwelling, Single-Family | P | P | XX | XX | XX | XX | XX | |
Residential Facilities | PS | PS/C | XX | XX | PS/C | XX | XX | 1107.06(b) |
Skilled Nursing or Personal Care Facilities | XX | XX | C | XX | C | XX | PS | 1107.06(c) |
Public and Institutional Uses | ||||||||
Active Recreational Facilities | C | C | XX | XX | XX | XX | PS | 1107.06(d) |
Cemeteries | C | C | XX | XX | XX | XX | P | |
Cultural Facilities | C | C | P | P | P | XX | P | |
Day Care Centers (Adult or Child) | XX | C | C | C | C | C | PS | 1107.06(e) |
Educational Institutions (Higher Education) | XX | XX | C | P | XX | P | P | |
Educational Institutions (Preschool and K-12) | C | C | C | PS | XX | XX | PS | 1107.06(f) |
Table 1107-3 PRINCIPAL USES | ||||||||
P = Permitted Use PS = Permitted Use with Standards C= Conditional Uses XX= Prohibited Uses | ||||||||
Principal Land Uses | R | M-1 | C-2 | C-3 | C-4 | I-1 | P-1 | Use Specific Standards See Section: |
Fraternal, Charitable, and Service-Oriented Clubs | XX | XX | XX | PS | PS | XX | PS | 1107.06(g) |
Government Offices and Buildings | C | C | C | C | C | P | P | 1107.06(h) |
Hospitals | XX | XX | C | PS | C | XX | PS | 1107.06(c) |
Passive Parks, Open Spaces, and Natural Areas | P | P | P | P | P | P | P | |
Places of Worship | C | C | P | P | P | XX | P | |
Public Utility Buildings and Facilities | C | C | C | C | C | C | P | 1107.06(h) |
Residential Community Centers | C | C | XX | XX | XX | XX | XX | 1107.06(i) |
Wireless Communications Towers and Antenna | XX | XX | XX | XX | XX | C | PS | 1107.06(j) |
Commercial and Office Uses | ||||||||
Administrative, Business, or Professional Offices | XX | XX | P | P | P | P | P | |
Adult Entertainment Establishments | XX | XX | XX | XX | XX | C | XX | 1107.06(k) |
Animal Boarding Facilities | XX | XX | XX | XX | XX | PS | XX | 1107.06(l) |
Animal Hospitals/Clinics and Animal Grooming | XX | XX | XX | P | XX | P | XX | |
Assembly Halls or Conference Centers | XX | XX | C | C | XX | XX | XX | |
Automotive Repair and Service (Major) | XX | XX | XX | PS | XX | PS | XX | 1107.06(m) |
Automotive Repair and Service (Minor) | XX | XX | XX | PS | XX | PS | XX | 1107.06(n) |
Commercial and Business Support Services | XX | XX | C | P | XX | XX | XX | |
Commercial Recreational Facilities (Indoors) | XX | XX | C | PS | C | C | XX | 1107.06(o) |
Commercial Recreational Facilities (Outdoors) | XX | XX | C | C | XX | XX | XX | 1107.06(d) |
Table 1107-3 PRINCIPAL USES | ||||||||
P = Permitted Use PS = Permitted Use with Standards C= Conditional Uses XX= Prohibited Uses | ||||||||
Principal Land Uses | R | M-1 | C-2 | C-3 | C-4 | I-1 | P-1 | Use Specific Standards See Section: |
Financial Institutions | XX | XX | P | P | P | XX | XX | |
Fuel Stations | XX | XX | XX | PS | XX | XX | XX | 1107.06(n) |
Funeral Homes and Mortuaries | XX | XX | PS | PS | PS | PS | XX | 1107.06(p) |
Hotels and Motels | XX | XX | XX | P | XX | XX | XX | |
Medical/Dental Clinics and Urgent Care Centers | XX | XX | C | P | C | XX | P | |
Microbrewery, Microdistillery, or Microwinery | XX | XX | XX | PS | XX | PS | XX | 1107.06(q) |
Mixed-Use Buildings | XX | XX | XX | P | P | XX | XX | |
Multi-Tenant Use | XX | XX | P | P | P | P | XX | |
Personal Services | XX | XX | P | P | XX | XX | XX | |
Restaurants | XX | XX | P | P | XX | XX | XX | |
Retail Businesses | XX | XX | P | P | XX | XX | XX | |
Short-Term Rentals | XX | PS | XX | PS | XX | XX | XX | 1107.06(r) |
Taverns, Bars, or Night Clubs | XX | XX | XX | P | XX | XX | XX | |
Theaters | XX | XX | XX | C | P | XX | XX | |
Vehicle and Equipment Sales and Leasing | XX | XX | C | PS | XX | PS | XX | 1107.06(s) |
Vehicle Washing Establishments | XX | XX | XX | P | XX | XX | XX | 1107.06(t) |
Industrial Uses | ||||||||
Bulk Sale or Distribution of Fuels and Oils | XX | XX | XX | XX | XX | P | XX | |
Contractor Equipment and Storage Yards | XX | XX | XX | XX | XX | PS | XX | 1107.06(u) |
Food Services | XX | XX | XX | XX | XX | P | XX | |
Industrial Service Uses | XX | XX | XX | XX | XX | P | XX | |
Table 1107-3 PRINCIPAL USES | ||||||||
P = Permitted Use PS = Permitted Use with Standards C= Conditional Uses XX= Prohibited Uses | ||||||||
Principal Land Uses | R | M-1 | C-2 | C-3 | C-4 | I-1 | P-1 | Use Specific Standards See Section: |
Machinery and Heavy Equipment Sales, Leasing, Storage, and Service | XX | XX | XX | XX | XX | P | XX | |
Manufacturing and Production (Heavy or Outdoors) | XX | XX | XX | XX | XX | C | XX | |
Manufacturing and Production (Indoors) | XX | XX | XX | XX | XX | P | XX | |
Research and Development Facilities | XX | XX | XX | XX | XX | P | XX | |
Self-Storage Facilities | XX | XX | XX | XX | XX | C | XX | 1107.06(v) |
Truck Terminals | XX | XX | XX | XX | XX | P | XX | |
Warehouses | XX | XX | XX | XX | XX | P | XX | |
Wholesale Establishments | XX | XX | XX | XX | XX | P | XX | |
(Ord. 2879. Passed 10-23-23.)
1107.06 USE-SPECIFIC STANDARDS.
(a) Agricultural Uses.
(1) The farming of crops or trees is permitted as a principal use for all lot sizes in the R District.
(2) The raising of animals as a principal use shall only be permitted if the raising of livestock complies with the standards of Section 505.11 of the Codified Ordinances or with the standards for the raising of livestock as an accessory use in Section 1111.01. Additional livestock animals than allowed in such sections may be permitted if approved as a conditional use.
(3) One dwelling unit is permitted on the same lot as the agricultural use.
(b) Residential Facilities.
(1) Residential facilities, as defined in ORC Chapter 5119, providing services for one (1) to five (5) people, and residential facilities, as defined in ORC Chapter 5123, providing services for six (6) to eight (8) people, are allowed where single-family dwellings are permitted. Such use shall be deemed a permitted use in all residential zoning districts. Such facilities must comply with the lot and principal building regulations (See Section 1113.01.) and any other standards in this code that apply to single-family dwellings within the applicable district.
(2) Residential facilities, as defined in ORC Chapter 5119, providing services for six (6) to sixteen (16) people, and residential facilities, as defined in ORC Chapter 5123, providing services for nine (9) to sixteen (16) people, are allowed in the M-1 and C-4. Districts. Such use shall be deemed a conditional use in the M-1 and C-4 Districts. Such facilities must comply with the lot and principal building regulations (See Section 1113.01.) and any other standards in this code that apply to multi-family dwellings within the applicable district.
(c) Skilled Nursing or Personal Care Facilities and Hospitals.
(1) The use shall be located with at least one (1) street frontage along a collector or arterial street. Such use shall have all principal vehicular access from such collector or arterial streets.
(2) All access drives shall be located no less than 100 feet from an intersection of two (2) streets.
(3) The principal building shall be set back a minimum of fifty (50) feet from any adjacent residential zoning district or lot that contains a single-family dwelling.
(d) Active Recreational Facilities and Commercial Recreational Facilities (Outdoors).
(1) The minimum lot area shall be at least one (1) acre.
(2) All structures, viewing areas, or seating areas shall be set back at least 100 feet from any adjacent lot line that is in a residential zoning district.
(3) All exterior lighting shall project downward and shall be of full cutoff design in order to minimize glare and reflection onto adjoining properties and public streets. See Section 1113.03 for additional information on exterior lighting.
(4) The hours of operation may be regulated by the Planning Commission, if necessary, to mitigate adverse impacts on adjacent residential uses.
(5) No use that involves the discharge of firearms is permitted.
(e) Day Care Centers (Adult or Child).
(1) The use shall be located with at least one (1) street frontage along a collector or arterial street. Such use shall have all principal vehicular access from such collector or arterial streets.
(2) Parking should be located to avoid the necessity for adults and/or children to cross streets or driveways.
(3) The following shall apply only to day care centers for children:
A. Picking up and dropping off children shall not create unsafe conditions. Loading and unloading of children from vehicles shall only be allowed in the driveway or in an approved parking area.
B. All play areas shall be fenced in order to provide a safe and secure environment for the children.
(f) Educational Institutions (Preschool and K-12). Drop-off/pick-up locations should be designed so as not to impede traffic safety.
(g) Fraternal, Charitable, and Service-Oriented Clubs. Accessory uses necessary to the operation of such use, such as clubhouses, restaurants, bars, swimming pools, and similar activities, shall be permitted if they comply with the general standards for accessory uses in Section 1111.01. However, such uses, where the conduct of business is the principal activity, shall be prohibited unless permitted in the applicable zoning districts.
(h) Government Offices and Buildings and Public Utility Buildings and Facilities.
(1) The outdoor storage of materials or equipment shall be prohibited in the R District. In all other districts, the outdoor storage shall comply with the outdoor storage requirements of Section 1111.01.
(2) Such uses shall only be considered in the R District when essential to the provisions of public services, for distribution of service to the immediate neighborhood, or when topographical features restrict the location of such facilities.
(i) Residential Community Centers.
(1) One residential community center shall be allowed within an individual subdivision or for a multi-family dwelling development with more than twelve (12) dwelling units.
(2) Additional residential community centers may be approved as part of a development that is approved as a planned unit development.
(3) The residential community center shall only be for the use of residents and their guests.
(j) Wireless Communications Towers and Antenna. The location of wireless communication towers shall be approved using the following criteria:
(1) First priority consideration should be given to collocating new wireless antennas on existing towers or placing them on existing structures that have been constructed for other purposes (water towers, church steeples, chimneys, cooling towers).
(2) The second priority is to place new towers along and/or adjacent to existing overhead electric utility corridors.
(3) Towers shall be located, to the maximum extent possible, in a manner that will minimize any adverse impacts on adjacent residential property.
(4) A newly constructed tower shall not exceed 200 feet in height, and further, the applicant shall demonstrate that the proposed tower is the minimum height necessary to accommodate the antennae and is no higher than existing towers housing similar antennae.
(5) New towers shall be single monopoles (tubular structures). Lattice-type towers are prohibited.
(6) The minimum setback from all lot lines and existing residences shall be the height of the tower plus twenty (20) feet unless it can be demonstrated, because of its design and construction, that, in the case of a collapse, the adjacent property shall not be affected.
(7) Prior to approving a new tower, a tower height greater than those prevailing in the area, or a tower in a location not in compliance with these regulations, the applicant shall demonstrate to the Village that such new tower or additional height is needed to meet the reasonable service requirements of the applicant.
(8) The base of the tower, including any guy wires, shall be completely enclosed with a secure fence a minimum of eight (8) feet in height and also screened from any adjacent lots in accordance with the regulations in Chapter 1117: Landscaping and Screening.
(k) Adult Entertainment Establishments.
(1) Purpose and Findings.
A. It is the purpose of this section to regulate adult entertainment establishments in order to promote the health, safety, and general welfare of the citizens of the Village and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of adult entertainment establishments within the Village. The provisions of this chapter do not have the purpose or effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Further, it is not the intent of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment of their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
B. Village Council has received substantial evidence concerning the adverse secondary effects of adult uses on community findings incorporated in the cases of Village of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young V. American Mini Theaters, 426 U.S. 50 (1976) and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities, including, but not limited to Phoenix, Arizona; Tucson, Arizona; Garden Grove, California; Los Angeles, California; Whittier, California; Indianapolis, Indiana; Minneapolis, Minnesota; St. Paul, Minnesota; New York, New York; Cleveland, Ohio; Oklahoma Village, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; and Seattle, Washington.
(2) Classification. Adult entertainment establishments shall be classified as follows:
A. Adult arcades;
B. Adult bookstores, adult novelty stores, or adult video stores;
C. Adult cabarets;
D. Adult motion picture theaters;
E. Adult entertainment businesses; and
F. Adult theaters.
(3) Locational Requirements. All adult entertainment establishments shall meet the following location requirements.
A. No adult entertainment establishment shall be established within 2,000 feet of any lot upon which the following uses exist:
i. A use with a liquor permit issued by the State of Ohio;
ii. A place of worship;
iii. A hotel;
iv. A publicly owned active recreational facility or a passive park, open space, or natural area;
v. A day care center, nursery school, educational institution, or cultural institution, whether public or private, governmental or commercial, which use is regularly attended by persons under eighteen (18) years of age; or
vi. A lot with a residential use of any type, as established in Table 1107-3.
B. No adult entertainment establishment shall be established within 1,000 feet of any other adult entertainment establishment.
C. The distances specified in this section shall be measured in a straight line, without regard to intervening structures, from the nearest point of the premises in which the proposed adult entertainment establishment is to be established to the nearest lot line of a use or zoning classification listed above or another adult entertainment establishment. The presence of a Village, County, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(l) Animal Boarding Facilities.
(1) All structures and outdoor run areas designed to house or accommodate animals, either permanently or temporarily, shall be set back a minimum of 200 feet from all lot lines in a residential zoning district. All other structures related to the use of the property shall be set back in accordance with the applicable zoning district.
(2) Care and boarding of animals shall be limited to domestic animals and may not include cattle, horses, swine, or other similarly sized animals.
(3) A solid wood fence or masonry wall with a minimum height of six feet shall be constructed where a kennel or animal boarding facility is located adjacent to a residential zoning district.
(m) Automotive Repair and Service (Major).
(1) An automotive repair and service (major) establishment shall be subject to the same requirements as an automotive service station (minor) as established in Section 1107.06(n) below.
(2) The principal structure shall be set back a minimum of 150 feet from any lot line of a lot in a residential zoning district. Parking for the storage of vehicles, whether operational or non-operational, shall be set back a minimum of fifty (50) feet from any adjacent lot line in a residential district.
(3) The storage of non-operational vehicles for longer than fourteen (14) days shall be permitted if stored in the rear yard and screened by a solid wall or fence with a minimum height of six (6) feet.
(4) Vehicles awaiting repair shall be parked in designated parking spaces and shall not encroach on driving aisles, landscaped areas, and drive approaches. No part of the street right-of-way shall be used for parking vehicles awaiting service.
(5) Damaged or inoperable vehicles shall not be used for storage purposes.
(n) Automotive Repair and Service (Minor) and Fuel Stations.
(1) Any repair work on vehicles that do not fall under Class 1, 2, or 3 vehicles, as defined by the Federal Highway Administration (FHWA), shall be defined as "automotive repair and service (major)" and subject to the applicable provisions of this chapter.
(2) Fuel pumps shall be set back a minimum of thirty-five (35) feet from all lot lines and fifty (50) feet from all adjacent lot lines of lots in residential zoning districts.
(3) Canopies and principal buildings shall be set back a minimum of twenty (20) feet from all lot lines and fifty (50) feet from all adjacent lot lines of lots in residential zoning districts.
(4) All hydraulic hoists, oil pits, and all lubricants, greasing, vehicle washing, and repair equipment shall be enclosed entirely within a building. No outdoor disassembly or repair of motor vehicles shall be permitted.
(5) All repair work must be performed in a fully enclosed building.
(6) Activities shall be limited to:
A. The sale of automotive fuel;
B. The servicing of motor vehicles with minor repair work;
C. Hand washing of vehicles within an enclosed building;
D. The retail sale of vehicle parts and products relating to minor repair work, such as, but not limited to, oil, grease, tires, antifreeze, batteries, and windshield wipers. The storage and sales of such products shall take place entirely within an enclosed building.
(7) Space for overnight parking, overnight accommodations, or the inclusion of showers within the building shall be prohibited.
(8) Any major repair work, including but not limited to automobile body repair and painting, automobile glass work, automobile transmission work, automobile engine overhaul and repair, and radiator repair work, shall be classified as "automotive repair and service (major)" and shall be subject to Section 1107.06(m).
(9) Vehicles being serviced or awaiting service shall be stored for no longer than seven calendar days on the site if in unenclosed areas or areas not screened from view.
(10) The storage and disposal of solid waste and recyclable materials, including used or discarded motor vehicle parts or equipment and fluids, shall comply with all applicable Federal, State, and local requirements.
(11) Outdoor solid waste, storage areas, and recyclable storage areas shall be screened in accordance with Section 1117.06.
(o) Commercial Recreational Facilities (Indoors).
(1) The Planning Commission may impose restrictions on the hours of operation in order to ensure minimal adverse impact on adjacent uses, particularly residential uses.
(2) No use shall generate noise, odor, dust, or smoke beyond the premises at levels higher than those in the surrounding neighborhood.
(p) Funeral Homes and Mortuaries.
(1) Vehicular use areas shall be designed to allow for the queuing of vehicles if funeral processions are intended to originate or terminate at the establishment.
(2) One dwelling unit may be provided within the principal building for the use by the owner or an employee of the use.
(3) All funeral homes shall be located so as to provide access from an arterial or collector street.
(4) Cremation services shall be permitted only in the I-1 District and shall be set back a minimum of 500 feet from any lot line in a residential zoning district.
(q) Microbrewery, Microdistillery, or Microwinery.
(1) A microbrewery, microdistillery, and microwinery shall be allowed in the C-3 District when the majority of the floor area is dedicated to being used for restaurant service or for the serving of drinks made on-site so that the use fits into the retail character of the districts. Drinks made off-site may also be permitted, provided the majority of drinks offered for sale are made on-site.
(2) A microbrewery, microdistillery, and microwinery in the I-1 District may include a taproom area to serve customers drinks made on-site, provided the floor area of the taproom does not exceed fifty percent (50%) of the total footprint of the use. Food service may be included within the fifty percent (50%) total footprint. Drinks made off-site may also be permitted, provided the majority of drinks offered for sale are made on-site.
(r) Short-Term Rentals.
(1) Short-term rentals are permitted in any dwelling unit where resident offering short-term rental opportunities maintains that dwelling unit as their official residence.
A. A place shall be considered the official residence of a person in which the person's habitation is fixed and to which, whenever the person is absent, the person has the intention of returning.
B. A person shall not be considered to have lost official residency if they leave the dwelling and go to another municipality, county, or state, for temporary purposes only, with the intention of returning.
(2) No meals shall be provided by the short-term rental owner or managing agent.
(3) No private events or parties shall be hosted at the short-term rental that exceeds the maximum occupancy of the dwelling unit.
(4) No additional off-street parking shall be provided beyond what is required for the principal use.
(s) Vehicle and Equipment Sales and Leasing.
(1) Display of vehicles for sale or lease outdoors shall be located on a paved surface and within striped parking spaces that all comply with the parking requirements of Section 1119.03.
(2) All work on vehicles, including, but not limited to, cleaning, servicing, and repair, shall be done only in an enclosed building and shall be subject to the same standards as an automotive repair and service establishment (minor) or automotive repair and service (major) establishment, as applicable.
(3) No junk, inoperative, or unlicensed vehicle will be permitted to remain parked or stored outside for more than forty-eight (48) hours.
(t) Vehicle Washing Establishments.
(1) All structures shall be set back a minimum of fifty (50) feet from any residential zoning districts. Any self-service washing establishment or portion of a building used for self-service washing shall be set back a minimum of 150 feet from any residential zoning districts.
(2) In order to prevent excessive pooling of water in the street right-of-way, the facility must be equipped with a dryer or must demonstrate adequate drainage on-site to accommodate all water used for cleaning.
(3) There shall be adequate provision for the disposal of wastewater and the prevention of surface runoff.
(4) Vacuuming and/or steam cleaning equipment may be located outside but shall not be placed in the yard adjoining a residential zoning district.
(u) Contractor Equipment and Storage Yards.
(1) Outdoor storage must be associated with a principal building that contains the contracting or construction business associated with the stored materials.
(2) All storage of equipment and materials must be located in the rear yard and screened in accordance with Chapter 1117: Landscaping and Screening.
(v) Self-Storage Facilities.
(1) Only self-storage facilities that have storage units accessed internally to the building shall be allowed. Outdoor self-storage facilities with exterior access to individual storage units are prohibited.
(2) The leases for all self-storage units shall include clauses related to the following:
A. The storage of flammable liquids or radioactive, highly combustible, explosive, or hazardous materials is prohibited; and
B. The property may not be used for any uses other than dead storage.
(3) The maximum lot coverage shall be fifty percent (50%).
(4) All access to any self-storage facility shall be from an arterial or collector street.
(5) There shall be no retail sales on the property, with the exception that the owner or their designee may hold an auction on the site up to four times a year for the purpose of selling goods stored in units.
(6) The maximum height of buildings for outdoor self-storage shall be one story.
(7) The Sheffield Village Fire Department shall be provided with twenty-four (24)-hour access to the grounds and buildings. A lockbox shall be provided for its use.
(8) The outdoor storage of inventory, materials, vehicles, or merchandise is prohibited.
(9) Sale, repair, fabrication, or servicing of goods, motor vehicles, appliances, equipment, materials, or similar activities shall be prohibited in or from self-service storage facilities.
(10) Self-storage facilities may not be used for residential purposes.
(11) Except for sinks and restroom facilities provided solely for the use of the managers or security personnel of self-storage facilities containing more than ten individual storage units, neither sinks nor restroom facilities shall be permitted within self-storage facilities.
(Ord. 2879. Passed 10-23-23.)