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No space for the storage or distribution of coal, cinders, stone, slag, sand, cement, lime, iron ore or similar dust-producing material, and no space for manufacturing, refining or mixing tar, asphalt or other similar binding or waterproofing material, shall be located less than three hundred (300) feet from a Residence District, Local Retail Business District or General Retail Business District, except where the dust, smoke, odor, noise and vibration therefrom will effectively be confined to the premises.
(Ord. No. 2204-A-48. Passed 12-19-49, eff. 1-29-50)
(a) General Provisions. No junk or wrecking yard not within a General Industry or Unrestricted Industry District, used for the storage or sale of salvaged lumber or other used building material, or of junk metals, paper, rags, rubber, glass or other discarded or salvaged articles, containers or materials, or for the wrecking or dismantling of motor vehicles, shall be operated or maintained for more than eighteen (18) months after a zoning change to a use district within which such yards are not permitted, except that in a Semi-Industry District such junk material or wrecking yard may continue to operate as a nonconforming use if the yard has constructed around it a minimum seven (7) foot high solid masonry wall or slightly solid, nontransparent, well-maintained substantial fence.
The Board of Zoning Appeals may grant a variance from the requirement of a solid masonry wall or solid fence along any side of a junk or wrecking yard which does not front upon a street or Residence District, in a Semi-Industry District or General Industry District, if the Board determines that such variance will not be offensive or objectionable by reason of topography, adjacent land use or barriers including natural barriers such as shrubbery and/or trees.
No wall or fence shall be required to be constructed between two (2) junk or wrecking yards immediately adjacent to each other. Should one (1) junk or wrecking yard be discontinued then the remaining yard shall construct a wall or fence in accordance with these provisions.
(b) Definitions. As used in this section:
(1) “Solid masonry wall or slightly solid, nontransparent fence” means a barrier constructed of masonry, concrete block or precast concrete panels, or chain link (steel or aluminum with slats), metal (corrugated or plain), attached to metal or treated wood posts or cross members on other similar material which is nontransparent and hides or shields the area behind the fence from ordinary view. The minimum height shall not include barbed wire or other similar wire.
(2) “Well maintained fence or wall” means a fence or wall which is plumb with no more then a four (4) inch deflection from a vertical position, measured at the top of the fence protected by painting or treated so as to be corrosion and rust resistant and without any bends or breaks, or flaking or peeling of paint or missing or broken slats.
(c) Existing Fence. As an exception to the requirements of subsection (a) hereof, any fence, including wooden fence, at least six (6) foot high now installed pursuant to a permit issued by the Building Commissioner, constructed around a junk or wrecking yard may be continued except that any replacement or substitution must conform to the minimum requirements and provide that the existing fence shall be well maintained, sightly and solid.
(d) Height of Junk. In any use district allowing junk or wrecking yards, the storage of such junk or used material shall not be piled higher than three (3) feet above the height of the wall or fence enclosing the yard, provided that at any point closer than five (5) feet, the junk or used material shall not be piled above the heights of the wall or fence.
(e) Setback Requirements. Any junk or wrecking yard in any use district wherein there is required a setback area between the street line and building line shall construct an eighteen (18) inch high barrier around the setback area.
(Ord. No. 407-70. Passed 6-1-70, eff. 6-4-70)
(a) Purpose. Based upon evidence and findings of negative secondary effects of adult entertainment uses presented in hearings before the Council and in studies from other communities, including the cities of Indianapolis and New York, the Council finds that adult entertainment uses in Cleveland cause negative secondary effects and has created this section to regulate adult entertainment uses to promote the health, safety, morals and general welfare of the citizens of Cleveland by establishing reasonable and uniform regulations to prevent concentration of adult entertainment uses and location near specified other uses. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult entertainment materials. Similarly, it is not the intent, or effect of this section to restrict or deny access by adults to adult entertainment materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult entertainment to their intended market. Additionally, it is not the intent or effect of this section to condone or legitimize the distribution of obscene material.
(b) Definitions. As used in this Zoning Code:
(1) "Specified Sexual Activities" means any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
B. Sex acts, actual or simulated, including masturbation, intercourse, oral copulation or sodomy;
C. Excretory functions as part of or in connection with any of the activities set forth in A. and B. above.
(2) "Specified Anatomical Areas" means:
A. The cleft of the buttocks, anus, male or female genitals, or the female breast.
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(3) "Adult Bookstore" or "Adult Video Store" means an establishment, which, as one (1) of its principal purposes, offers for sale or rental for any form of consideration any one (1) or more of the following:
A. Books, magazines, newspapers, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, video reproductions, slides, laser discs, compact discs or other visual representations, which are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
B. Instruments, devices, or other paraphernalia, except prophylactic products, designed or marketed for use in connection with "specified sexual activities."
An establishment may have other principal business purposes that do not involve the offering for sale or rental material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore or adult video store. Such other business purpose will not serve to exempt an establishment from being categorized as an adult bookstore or adult video store so long as one (1) of its principal business purposes is
the offering for sale or rental for consideration the above specified materials.
the offering for sale or rental for consideration the above specified materials.
(4) "Adult Motion Picture Theatre" means a commercial establishment, regardless of capacity, where films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." This definition of adult motion picture theater does not include the definitions of adult video arcade and adult cabaret, which are separate uses.
(5) "Adult Video Arcade" means any place to which the public is permitted or invited wherein one (1) or more enclosed or screened areas or booths are maintained wherein still or motion picture machines, projectors, video, compact or laser disc players or other image-producing devices are operated or maintained to show images to five (5) or fewer persons per enclosed area or booth at any one time, and where the images so displayed are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(6) "Adult Cabaret" means a commercial establishment, including a nightclub, bar, juice bar, restaurant, bottle club, or similar establishment, whether or not alcoholic beverages are served, which regularly features any of the following:
A. persons who appear in a state of nudity or semi-nudity;
B. persons who expose specified anatomical areas, or dancers, strippers or similar live entertainers in performances which are distinguished or characterized by the exposure of "specified anatomical areas" or by the depiction or description of "specified sexual activities";
C. films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by the depiction or description of "specified anatomical areas" or "specified sexual activities."
This definition of adult cabaret does not include the definitions of adult live entertainment arcade or adult theater, which are separate uses.
(7) "Adult Theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who expose "specified anatomical areas" or live performances which are distinguished or characterized by the exposure of "specified anatomical areas" or by the depiction or description of "specified sexual activities." This definition of adult theater does not include the definition of adult live entertainment arcade which is a separate use.
(8) "Adult Live Entertainment Arcade" means any place to which the public is permitted or invited wherein one (1) or more enclosed or screened areas or booths are maintained for viewing by five (5) or fewer persons at any one (1) time live entertainment such as a dance routine, strip performance or other similar entertainment, which live entertainment is distinguished or characterized by the exposure of "specified anatomical areas" or by the depiction or description of "specified sexual activities" or by persons who appear in a state of nudity or semi-nudity.
(9) "Nudity" or "state of nudity" means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering; or the showing of the female breasts with less than a fully opaque covering of any part of the nipple.
(10) "Semi-nudity" or "state of semi-nudity" means a state of dress in which opaque clothing covers not more than the genitals, pubic region, and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.
(c) Location. Uses defined in divisions (b)(3) Adult Bookstore or Adult Video Store, (b)(4) Adult Motion Picture Theater, (b)(5) Adult Video Arcade, (b)(6) Adult Cabaret, (b)(7) Adult Theater and (b)(8) Adult Live Theater Entertainment Arcade of this section are designated "adult entertainment" uses. Where permitted in a use district, adult entertainment uses are subject to the following location restrictions:
(1) No adult entertainment use shall be established on a lot or lots within one thousand (1,000) feet of a residence district.
(2) No two (2) adult entertainment uses shall be located in the same premises or on the same lot. An adult entertainment use may never be an accessory use as that term is used in this Zoning Code.
(3) No adult entertainment use shall be established on a lot or lots within one thousand (1,000) feet of another lot or lots containing an existing adult entertainment use, or of a lot or lots where there is no building or structure, but for which a valid and current permit or certificate of occupancy is issued for an adult entertainment use.
(4) No adult entertainment use shall be established on a lot or lots within one thousand (1,000) feet of a pool or billiard hall or a video or pinball arcade or tattooing or body piercing establishment.
(5) No adult entertainment use shall be located on a lot or lots within one thousand (1,000) feet of a premises, which may be one (1) or more lots, having as its principal use: a church, synagogue or mosque; special education, preschool, kindergarten, elementary, junior high or high school; education or training facility for mentally or physically disabled persons; public or nonprofit community center in which there are regular programs for minors; public library; public park; public recreation center; playground; hospital; clinic; infirmary; nursing or convalescent homes; home for the aged; rest home; orphanage or day care center.
(d) Permit Applications. The City shall approve or disapprove the portion of the completed application requiring review under division (c) within thirty (30) calendar days of submission.
(e) Signs and Exterior Display. No adult entertainment use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" by display, decorations, sign, show window or other opening from any public view.
(f) Disseminating and Displaying Material Harmful to Juveniles. All adult entertainment uses shall comply with applicable state and local laws regarding the dissemination and display of material harmful to juveniles.
(Ord. No. 922-15. Passed 3-21-16, eff. 3-24-16)
The following regulations apply to all lots in all zoning districts, except for those lots located in any district with a single or two (2) family dwelling- thereon.
Where similar regulations are presented elsewhere in ordinances of the Building or Zoning Codes, the most restrictive requirements shall govern.
(a) Location. Where permitted by the Zoning Code, trash areas and refuse containers shall be located in such manner that they shall not be visible from the public street or from any lot or lots designated for residential purpose. Such trash areas shall be screened with opaque fencing not lower than the height of the refuse containers therein.
Adequate vehicular access to and from such area or areas for collection of trash and/or garbage shall be provided at reasonable hours.
(b) Storage. All trash and garbage and all organic materials must be compacted, and all odorous materials must be stored in airtight containers to avoid emission of obnoxious odors.
(c) Construction. All refuse containers shall be built of noncombustible materials and placed on concrete slab. Loading and unloading doors of refuse containers shall have locking latches and must be locked at all times other than when refuse is being loaded or collected.
(Ord. No. 1003-87. Passed 6-15-87, eff. 6-19-87)
(a) No temporary use shall be established until a permit for such use has been issued by the Commissioner of Building and Housing. A temporary permit shall not exceed thirty (30) days in duration. No temporary permit shall be issued within sixty (60) days of the expiration of a previous temporary permit for the same temporary use, on the same premises.
(b) Such temporary use permit shall constitute a temporary waiver of off-street parking requirements.
(Ord. No. 2228-A-88. Passed 2-27-89, eff. 3-7-89)
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