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(a) Where permitted in a particular use district, hookah lounges and vapor lounges, as described in Section 343.11, may only operate between 9:00 a.m. and 10:00 p.m. Sunday through Thursday and between 9:00 a.m. and 11:00 p.m. Friday and Saturday.
(b) Separation and Spacing. No such use shall be established within one thousand (1,000) feet of any school, playground, daycare, public park or other hookah lounge or vapor lounge, or within five hundred (500) feet of any residential district, church or religious building.
(c) Parking. Hookah lounges and vapor lounges shall provide a minimum of one (1) off-street parking place for each employee and one (1) for each seat based on the maximum seating capacity for the establishment.
(d) The requirements of this section shall not apply to prior legally conforming hookah lounge uses that are legally existing as of the effective date of Ordinance No. 978-15.
(Ord. 978-15. Passed 11-30-15, eff. 12-2-15)
(a) Purpose. The regulations of this section establish a public review process for the approval of outdoor works of art and will ensure that such works of art are constructed, situated and installed in a manner which protects the public safety.
(b) Applicability. This section shall apply to any work of art which is to be installed in an outdoor location and which will be visible from a public street or from another property. Customary holiday decorations and lighting shall not be subject to the provisions of this section.
(c) Building Permit Requirement. Except artwork which is painted onto or similarly applied to the surface of a building or other structure, and artwork which is composed exclusively of landscaping, every outdoor work of art shall be classified as a “structure” under the Zoning Code and shall be subject to Building Permit requirements applicable to structures pursuant to Chapters 327 and 3105 of the Codified Ordinances.
(d) City Planning Commission Approval. Except as provided in division (e) of this section, every outdoor work of art, whether or not such work of art is classified as a structure, shall be installed or displayed only after the approval of the City Planning Commission, acting in consultation with its designated review committee.
(e) Exceptions. An outdoor work of art which will be displayed for a period of thirty (30) days or less shall not be subject to approval by the City Planning Commission. In residential zoning districts, an outdoor work of art which is not more than four (4) feet in height and four (4) feet in width or which is not more than six (6) feet in height and two (2) feet in width shall not be subject to the provisions of this section, but shall be subject to all otherwise applicable sections of these Codified Ordinances.
(f) Issuance of Building Permit. The Commissioner of Building and Housing shall issue a permit for an outdoor work of art only, after approval by the City Planning Commission, if such approval is required, and only after determining that the work of art will not create safety hazards and that it meets all applicable provisions of the Building, Fire and Zoning Codes.
(g) Zoning Variances. Approval by the City Planning Commission of an outdoor work of art which fails to meet one (1) or more provisions of the Zoning Code shall eliminate the need for otherwise required action by the Board of Zoning Appeals.
(h) Meeting Notice Requirements. If the outdoor work of art is to be located within one hundred (100) feet of a residential zoning district, approval may be granted under division (g) of this section only after written notification to affected property owners. In such cases, the City Planning Commission shall send written notice to all owners of property located within two hundred (200) feet of the subject property. Such notice shall be mailed or delivered at least ten (10) days prior to the meeting at which the proposal will be considered and shall provide information regarding the nature of the proposal and the time and place of the City Planning Commission meeting.
(Ord. No. 876-94. Passed 6-13-94, eff. 6-18-94)
(a) Purpose. This section permits the location and operation of liquor sales stores as necessary to achieve the following:
(1) Protect the character of residential areas and to safeguard the economic health of local business districts;
(2) Protect the welfare of community facilities which provide on-premise services to children and families; and
(3) Promote traffic safety and general public safety.
(b) Applicability. Unless otherwise provided, this section shall apply to any “liquor sales store,” as defined herein, established on or after the initial effective date of this section, through the establishment of a new business or business activity, or conversion from State ownership to private ownership.
(c) Definition. For purposes of this section, “liquor sales store” means any business establishment which engages in the retail sale of “spirituous liquor”, as defined in RC 4301.01(B)(5), in sealed containers for consumption off the premises of such store.
(d) Zoning Districts. Liquor sales stores shall be permitted only in General Retail, Shopping Center, Semi-Industry and General Industry zoning districts, except that any such store in operation immediately prior to the initial effective date of this section may continue in operation or be converted to private ownership, in accordance with any and all sections of the Codified Ordinances pertaining to non-conforming uses.
(e) Prohibited Signs. The following signs shall be prohibited for use at all liquor sales stores:
(1) Flashing, moving or revolving signs; portable signs; and strings of pennants, propellers, pinwheels, streamers, balloons and similar small objects;
(2) Any signs in violation of RC 4301.22(F) or any rule promulgated by the Department of Liquor Control.
(f) Drive-Through Facilities. No liquor sales store shall sell spirituous liquor products through a drive-through window or other device which permits sales to motorists in their vehicles.
(g) Landscaping and Screening. No Certificate of Occupancy shall be issued for a liquor sales store which does not meet all landscaping and screening regulations established in Chapter 352 of the Codified Ordinances for either a new use or a change of use, as applicable, in accordance with the provisions of division (b) of Section 352.07. This requirement shall not, however, apply to a liquor sales store which is located on a parcel shared by two (2) or more other businesses which are not liquor sale stores if such liquor sales store was in operation immediately prior to the initial effective date of this section.
(Ord. No. 960-95. Passed 6-19-95, eff. 6-28-95)
Correctional halfway houses, as defined in Section 325.121, shall be permitted only in accordance with the following regulations and other applicable regulations of the Codified Ordinances of the City of Cleveland.
(a) Purpose. The regulations of this section are intended to provide suitable locations for residential institutions which assist in enabling individuals to live independently, productively and lawfully as members of the larger community, following a period of incarceration or following a conviction for criminal activity. These regulations are also intended to ensure that such institutions are operated in a manner which serves the best interests of their residents, while protecting the safety of residents living in nearby neighborhoods.
(b) Certificate of Occupancy. No correctional halfway house shall be established or expanded before issuance by the Commissioner of Building and Housing of a Certificate of Occupancy. The Commissioner shall issue such Certificate only after approval by the Board of Zoning Appeals, as required in division (c) of this section.
(c) Board of Zoning Appeals Approval. No Certificate of Occupancy for establishment or expansion of a correctional halfway house shall be issued without approval of such application by the Board of Zoning Appeals, after public notice and a public hearing. In order to ensure compatibility between a proposed correctional halfway house, or expansion thereof, and surrounding properties, the Board may require modifications to a proposal as a condition of its approval. The Board shall determine the suitability of a proposed correctional halfway house, or expansion thereof, at a particular location, through consideration of, among others, the following factors.
(1) Conformance of the proposal to the requirements of this section and to other applicable regulations of the City’s Codified Ordinances;
(2) The record of the proposed operator in managing similar facilities; and
(3) The size of the proposed facility as it affects potential over-concentration of a correctional system population in the immediate vicinity.
(d) Permitted Locations. Correctional halfway houses shall be allowed in General Retail Business, Residence-Industry and Semi-Industry zoning districts, in accordance with all applicable regulations.
(1) Separation Standards. No correctional halfway house shall be established on a lot or lots within five hundred (500) feet of a Residential zoning district nor within five hundred (500) feet of the lot or lots occupied by a playground, public park, public recreation center, church or similar place of worship, public library, pre-school, day-care center, kindergarten, special education center, or primary or secondary school, measured in accordance with the standards of division (d)(3) of this section. Specifically, however, along the rear lot line of a property to be occupied by a correctional halfway house, this separation standard may be waived by the Board of Zoning Appeals, if, in the determination of the Board, adequate fencing, buffer areas and/or other barriers are in place or will be put in place to screen and separate the adjoining properties, and to prevent access between the properties.
(2) Spacing Standard. No correctional halfway house shall be established on a lot or lots within two thousand (2,000) feet of a lot or lots occupied by another such facility measured in accordance with the standards of division (d)(3) of this section. Furthermore, not more than two (2) correctional halfway houses shall be located in any Police District.
(3) Measurement Standard. In all instances where this section requires separation or spacing by a specified distance, such distance shall be measured in a geometrically straight line which represents the shortest distance between the lot or lots accommodating the proposed correctional halfway house and the lot or lots or zoning district from which the correctional halfway house is to be separated. Such measurement shall be made using a scaled map, or a survey if deemed necessary, and shall be made without regard to intervening structures, objects, uses, the street grid, landforms, waterways, or any other topographic feature.
(e) Licensing and Supervision. All correctional halfway houses operating in the City of Cleveland shall have all required licenses, including any required for operation of a correctional halfway house. On-site supervision by qualified staff shall be provided for all hours during which residents are on the premises. Security measures shall be sufficient to protect the safety of residents and other citizens in the vicinity of the facility.
(f) Floor Area and Occupancy Standards. A minimum of two hundred (200) square feet of habitable floor area shall be provided, on average, for each resident of a correctional halfway house, including staff members normally on the premises after 11:00 p.m. A maximum of one hundred (100) residents subject to correctional oversight shall be accommodated at any correctional halfway house. No correctional halfway house may operate with a total resident population of less than twenty (20) persons, which twenty (20) persons may include individuals not subject to correctional oversight.
(g) Parking. A minimum of one (1) off-street parking space shall be provided for every three (3) residents of a correctional halfway house, plus one (1) space for each staff person on duty during the largest shift. Such spaces shall be provided either on or directly adjacent to the property occupied by the facility.
(h) Excluded Residents. Correctional halfway houses shall not admit or accommodate residents who, at the time of their admission or at any time during their stay, exhibit a pattern of violent behavior, nor shall correctional halfway houses admit or accommodate residents who have been convicted of any of the following crimes: murder, rape or felony crimes against children.
(i) Revocation of Certificate. The Commissioner of Building and Housing shall revoke the Certificate of Occupancy issued to a correctional halfway house if it is determined that the facility is no longer licensed as required in this section or if compliance with City regulations or with requirements of the Board of Zoning Appeals is not maintained.
(j) Application. An application for a Certificate of Occupancy for a correctional halfway house shall include the following information, in addition to such information and drawings otherwise required under the Codified Ordinances.
(1) The name, address and telephone number of the operator, the agency holding the required State License, and the owner of the property on which the facility is to be established;
(2) The address of the proposed site;
(3) The name of the government agency providing or expected to provide a license to the operator; the term of such license; and the expiration date thereof;
(4) The proposed design capacity of the facility in terms of the number of residents and staff on the largest shift;
(5) Written policies of the operator governing admission to residence in the facility, and rules for residents, including rules for the storing and taking of medicine;
(6) A written affidavit from the operator that all residents will have been determined to be capable of functioning adequately in a community setting and will not constitute a reasonably foreseeable danger to the community;
(7) Client groups to be served by type, age, range, level of functioning or rehabilitation, nature of past institutionalization or incarceration, present status in treatment and in the correctional system (e.g., with respect to furlough, parole or probation status);
(8) Description of supervision and security arrangements, and a description of arrangements for maintenance of the facility and the grounds;
(9) Description of services to be provided to residents in on-site and off-site locations;
(10) Addresses of all similar facilities currently or previously operated by the proposed operator and the licensing agency;
(11) Plans and statements of all exterior and interior building alterations proposed to accommodate the facility;
(12) Number, size, location and surfacing of all off-street parking spaces, and a statement of the operator’s policy on keeping of cars by residents;
(13) Any other information deemed necessary by the Commissioner of Building and Housing to determine compliance with the provisions of this section and other applicable provisions of these Codified Ordinances.
(k) Notification. Upon receipt of an application for a Building Permit or Certificate of Occupancy for a correctional halfway house, the Division of Building and Housing shall send a copy to the Council member in whose ward the proposed facility would be located and shall submit a notification of the receipt of the application, including the proposed address, to the Council Clerk for publication in the City Record.
(l) Annual Registration. Prior to issuance of a Certificate of Occupancy for a correctional halfway house, the operator shall submit supervisor and operator information to the Division of Building and Housing. This information shall include the names and phone numbers of all on-site supervisors; the name, address and telephone number of the operator; if the operator is a partnership or a corporation, the names, addresses and telephone numbers of all general partners or officers; if any of the general partners are partnerships or corporations, the names, addresses and telephone numbers of all officers; and the name and address of the statutory agent, if any. The address for corporations and partnerships shall be the principal place of business and the address for natural persons shall be the home address. This information shall be amended upon a change to it, and shall be submitted annually to the Division of Building and Housing by the first day of February.
(Ord. No. 2215-96. Passed 4-7-97, eff. 4-7-97; Reprinted 7-2-97 CR)
(a) Purpose. This section establishes regulations concerning the location and operation of drive-through establishments to achieve the following:
(1) Promote safe and efficient vehicular and pedestrian circulation at drive-through establishments to protect the health and safety of patrons, employees and nearby residents;
(2) Protect adjacent properties from the adverse effects of drive-through operations, including noise, light and traffic which adverse effects have significantly increased due to technology upgrades in both lighting and sound systems; and
(3) Prohibit the placement of drive-through establishments in locations which could be hazardous to children and pedestrians.
(b) Definitions.
(1) For purposes of this section, “drive- through establishment” means any business establishment which engages in the retail sale of products through a drive-through window or other device to motorists in their vehicles.
(2) For purposes of this section, “bypass lane” means a lane allowing motor vehicle traffic to enter and exit the site without using the drive-through lane.
(c) Location. To prevent conditions hazardous to pedestrian children, no drive-through establishment shall be erected on any lot that abuts an elementary or junior high school, park, playground or public library.
(d) Lane Requirements.
(1) All drive-through establishments shall have no fewer than the following number of off-street stacking spaces for customer vehicles in each drive- through lane at the locations indicated:
Number of Spaces
|
Required Between: (location) | and: (location) |
5 | Entrance Street a | First Station b |
2 e | First Station b | Last Station c |
1 | Last Station c | Exit Street d |
a The right-of-way of the street from which vehicles enter the drive-through lane. b The drive-through station abutting each drive- through lane closest to the entrance to the such lane from the street. c The drive-through station abutting each drive- through lane closest to the exit from such lane to the street. d The right-of-way of the street onto which vehicles exit from the drive-through lane. e Requirement shall not apply to establishments having only one (1) drive-through station. | ||
(2) Drive-through establishments shall provide a bypass lane. This requirement shall not apply; however, to establishments designed to permit motor vehicle access only by using the drive-through facilities, such as double drive-through restaurants having no customer parking.
(3) All drive-through and bypass lanes shall have a minimum width of ten (10) feet and shall be striped or marked.
(4) Pedestrian routes between the entrances to the principal structure and any parking area or sidewalk which require the crossing of drive-through lanes shall either be avoided or shall be clearly identified to pedestrians and motorists by pavements markings or signage.
(e) Litter Control. The operator of a drive- through establishment shall keep the premises free of excess litter originating from the use and shall have refuse containers readily available for use by customers.
(f) Lot Size. Drive-through establishments shall have a minimum lot width of eighty (80) feet and a lot area of not less than twelve thousand (12,000) square feet.
(g) Abutting Residential Use. Drive-through establishments abutting any residential use shall conform to the applicable requirements of this division in addition to the other divisions of this section.
(1) No drive-through establishment shall cause or create any sound at any lot line of an abutting residential use that is greater than seventy (70) dBA.
(2) Drive-through establishments shall be landscaped and screened in conformance with Chapter 352 of the Codified Ordinances of Cleveland, Ohio, 1976.
(3) No drive-through establishment or any signage located on the site shall produce direct or indirect illumination greater than five-tenths (0.5) footcandles above the level of background effect at the boundaries of any residential use.
(4) Sources of light from a drive-through establishment shall be directed, shaded, shielded or otherwise arranged so as not to produce glare in an abutting residential use.
(5) No alley between a drive-through establishment and abutting residential use shall be used for circulation of customer traffic or as a bypass lane.
(6) Retail sales from drive-through lanes of a drive-through establishment abutting a residential use shall be prohibited from 9:30 p.m. to 6:00 a.m. daily.
(h) Application to Existing Drive-through Establishments. The Regulations contained in division (g) above shall apply to drive-through establishments that are legally existing as of the original date this section is enacted. These existing drive-through establishments rendered nonconforming by this section shall comply with the provisions of this section no later than May 1, 2000. The amendment to the Regulations in division (g)(6) as provided in Ordinance No. 78-14, which amendment changed the prohibited hours of operation from 11:00 p.m. to 6:00 a.m. to 9:30 p.m. to 6:00 a.m., shall not apply to drive-through establishments that are legally existing as of the effective date of Ordinance No. 78-14.
(Ord. No. 78-14. Passed 6-9-14, eff. 6-12-14)
(a) Purpose. The regulations of this section are established to regulate the location of check-cashing businesses, and certain businesses that make short-term loans, small loans and mortgage loans, for the purpose of protecting neighborhoods from negative secondary effects created by the concentration or clustering of such businesses. Furthermore, the regulations are established to guard against market saturation which may lead to increased rates as an offset for lower business volume.
(b) Definitions. For purposes of this section:
(1) "Check-cashing business" means any business that is licensed, or is required to be licensed to cash checks under RC 1315.21 through 1315.30;
(2) "Short-term loan lender" means any business that is licensed, or is required to be licensed to make short term loans under RC 1321.35 through 1321.48;
(3) "Small loan lender" means any business that is licensed, or is required to be licensed to make small loans under RC 1321.01 to 1321.19; and
(4) "Mortgage loan lender" means any business that is licensed or is required to be licensed to make mortgage loans under RC 1321.51 through 1321.60.
(5) Exclusions. For purposes of this section, "check-cashing business", "short-term loan lender", "small loan lender" and "mortgage loan lender" do not include any bank, savings and loan, credit union or similar financial institution that is not licensed under, required to be licensed under, or otherwise regulated by the state laws cited in this division.
(c) Spacing. No check-cashing business, short-term loan lender, small loan lender or mortgage loan lender shall be established on a lot or lots within one thousand (1,000) feet of another lot or lots containing an existing check-cashing business, short-term loan lender, small loan lender or mortgage loan lender. No two (2) check-cashing businesses, short-term loan lenders, small loan lenders or mortgage loan lenders, in any combination, shall be located in the same building or on the same lot.
(d) Maximum Number. There shall be no more than one (1) check-cashing business, short-term loan lender, small loan lender or mortgage loan lender located within the City of Cleveland for each twenty thousand (20,000) persons residing in the City as recorded in the most recent decennial U.S. Census. No additional check-cashing businesses, short-term loan lenders, small loan lenders or mortgage loan lenders shall be established if the current number of check-cashing businesses, short-term loan lenders, small loan lenders or mortgage loan lenders exceeds the maximum number permitted.
(e) Exception. This section shall not apply to any check-cashing business, short-term loan lender, small loan lender or mortgage loan lender as defined above currently in operation prior to passage of this section.
(Ord. No. 670-12. Passed 10-22-12, eff. 10-25-12)
(a) Purpose. This section regulates the location and size of satellite dishes in order to protect the public health and safety and to protect the visual character of residential areas. This section is intended to comply with state and federal law, policies and guidelines and does not intend to impair the installation, maintenance, or use of satellite dishes.
(b) Definition. For purposes of this section, “satellite dish” means a round or oblong parabolic antenna designed to receive transmission signals from earth orbiting satellites.
(c) Location and Number.
(1) The preferred location of a roof-mounted satellite dish is as near to the rear property line as in practicable to not impose unreasonable limitations on reception.
(2) No satellite dish mounted in the ground or attached to a fence or tree shall be placed in a front yard or in a side yard if such side yard is located in a Residential District or adjacent to a Residential District.
(3) No free-standing satellite dish antenna shall be located closer than three (3) feet to any property line.
(4) For buildings containing one (1) or more dwelling units, there shall be no more than one (1) satellite dish antenna per dwelling unit and no more than four (4) for any building, which is less.
(d) Size.
(1) The maximum diameter of a satellite dish mounted to a one-family, two-family or three- family house shall be thirty-six (36) inches.
(2) The maximum length or diameter of any free-standing satellite dish mounted in the ground shall be ten (10) feet.
(e) Permits. A Building Permit shall be required for a satellite dish antenna only in the following instances:
(1) If the satellite dish antenna exceeds thirty-six (36) inches in diameter; or
(2) If the satellite dish antenna is mounted to a pole or other support structure that exceeds ten (10) feet in height.
(f) Applicability. The regulations of this section shall apply to all satellite dish antennas installed more than ninety (90) days after the effective date of this ordinance.
(g) Removal. Any satellite dish antenna that has been unused for reception for a continuous period of six (6) months or more shall be removed by the owner of the antenna.
(1) The maximum diameter of a satellite dish mounted to a one (1) family, two (2) family or three (3) family house shall be thirty-six (36) inches.
(2) The maximum length or diameter of any free-standing satellite dish mounted in the ground shall be ten (10) feet.
(h) Penalty. Whoever violates subsections (c) or (d) hereof is guilty of a minor misdemeanor.
(Ord. No. 675-09. Passed 11-29-10, eff. 11-30-10)
(a) Purpose. This section regulates the location and separation of state-licensed medical marijuana cultivators, processors, retail dispensaries, and testing laboratories in order to protect the public health and safety and to protect the character of residential areas. This section complies with RC 3796.29 and RC 3796.30 and does not intend to impair the use of state-licensed medical marijuana entities.
(b) Definitions. As used in this section and in this Zoning Code, and defined in OAC 3796:1-1-01(A):
(1) "Cultivator" means an entity that has been issued a certificate of operation by the Ohio Department of Commerce to grow, harvest, package, and transport medical marijuana as permitted under RC Chapter 3796.
(2) "Manufacture" means the process of converting harvested plant material into marijuana extract by physical or chemical means for use as an ingredient in a medical marijuana product.
(3) "Medical marijuana" means marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose.
(4) "Medical marijuana entity" means a licensed medical marijuana cultivator, processor, dispensary or testing laboratory.
(5) "Processor" means an entity that has been issued a certificate of operation by the Ohio Department of Commerce to manufacture medical marijuana products.
(6) "Retail Dispensary" means an entity licensed pursuant to RC 3796.04 and RC 3796.10 and any rules promulgated thereunder to sell medical marijuana to qualifying patients and caregivers.
(7) "Testing laboratory" means an independent laboratory located in Ohio that has been issued a certificate of operation by the Ohio Department of Commerce to have custody and use of controlled substances for scientific and medical purposes and for purposes of instruction, research, or analysis.
(c) Location. Where permitted in a particular use district, no state-licensed medical marijuana cultivator, processor, retail dispensary or laboratory that tests medical marijuana, shall be located or relocated within five hundred (500) feet of the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground or public park. This requirement does not apply to research related to marijuana conducted at a state university, academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity. As used in this section "state university" and "academic medical center" have the same meaning as in RC 3796.01.
(RC 3796.30; Ord. No. 1009-17. Passed 10-31-17, eff. 11-1-17)
(a) Purpose. This section regulates the location and separation of state-licensed adult use marijuana cultivators, processors, retail dispensaries, and testing laboratories in order to protect the public health and safety and to protect the character of residential areas. This section complies with RC 3780.07 and RC 3780.25 and does not intend to impair the use of state-licensed adult use cannabis operators.
(b) Definitions.
(1) As used in this section and in this Zoning Code, the following terms shall have the same meaning as in RC 3780.01: “adult use cannabis operator”, “adult use cultivator”, “adult use dispensary”, “adult use processor”, “adult use testing laboratory”, and “level III adult use cultivator”.
(2) As used in this section,
A. “Division” shall mean the Division of Cannabis Control of Ohio’s Department of Commerce.
B. “State university” and “academic medical center” shall have the same meanings as in RC 3796.01.
(c) Location. Where permitted in a particular use district, no state-licensed adult cannabis operator or adult use testing laboratory shall be located or relocated within five hundred (500) feet of the end boundaries of a parcel of real estate having situated on it a church, public library, public playground, public park, or school. This requirement does not apply to (i) research related to adult use cannabis conducted at a state university, academic medical center, or a private or public research and development organization as part of a research protocol approved by an institutional review board or equivalent entity, or any other entity as approved by the Division, or (ii) the other exceptions provided in divisions (B) through (D) of RC 3780.07.
(RC 3780.07; Ord. No. 529-2024. Passed 6-3-24, eff. 7-3-24)
(a) Purpose. The regulations of this section are established to regulate the location of small box discount retail stores for the purpose of protecting neighborhoods from negative secondary effects created by the concentration or clustering of such businesses. Furthermore, the regulations are established to avoid and reduce over-concentration and to maintain cleanliness for the health and safety of residents within our neighborhoods.
(b) Definitions. For purposes of this section:
(1) "Small Box Discount Retail Store" means a retail store of between three thousand (3,000) and fifteen thousand (15,000) square feet that dedicates less than fifteen percent (15%) of shelf space to fresh or fresh frozen foods and produce and sells at retail an assortment of physical goods, products or merchandise directly to the consumer, including food or beverages for off-premise consumption, personal grooming and health products, household goods and other consumer products that generally cost less than ten dollars ($10.00).
(2) "Fresh Produce" means fruits and vegetables that have not been processed in any manner. This term does not include such items as potted or dried herbs, wild rice, dried fruits and vegetables, raw nuts of any kind, popcorn, fruit or vegetable plants/seedlings, seeds/grains, flowers, maple syrup, cider, eggs, meat, cheese and seafood.
(3) "Fresh or Fresh Frozen Food" means food for human consumption that is in its raw state, or unprocessed; food that was quickly frozen while still fresh (blanching, blast freezing) and no deterioration has taken place.
(4) Exclusions. For purposes of this section, "small box discount retail store" does not include retail stores that dedicate less than five percent (5%) of shelf space to food sales, sell gasoline or diesel fuel, contain a prescription pharmacy or dedicate at least fifteen percent (15%) of shelf space to fresh or fresh frozen foods and produce.
(c) Spacing. No small box discount retail store shall be established on a lot or lots within ten thousand five hundred and sixty (10,560) feet (two (2) miles) of another lot or lots containing an existing small box discount retail store. No two (2) small box discount retail stores shall be located in the same building or on the same lot. Such distance shall be measured in a geometrically straight line which represents the shortest distance between the lot or lots accommodating the proposed small box discount retail store and the lot or lots from which the existing small box discount retail store is located. Such measurement shall be made using a scaled map, or a survey if deemed necessary, and shall be made without regard to intervening structures, objects, uses, the street grid, landforms or any other topographic feature.
(d) Maps Maintained in the Office of the City Planning Commission. The Director of City Planning shall maintain a map of existing Small Box Discount Retail Store locations and other information necessary to determine compliance with the spacing regulations under division (c) of this section.
(e) Floor and Shelf Plan Required. For any small box discount retail store subject to Section 347.20(c), a Floor and Shelf Plan shall be submitted as part of its Building Permit application in addition to any other required plans and information, and shall contain each of the following:
(1) The amount of shelf space dedicated to food sales and the amount of shelf space dedicated to fresh or fresh frozen foods and produce; and
(2) The types of goods, products, or merchandise to be sold and the general cost of such items.
(f) Maintenance. The owner and/or operator of a small box discount retail store shall comply with applicable provisions of these codified ordinances regarding maintenance of the premises and shall comply with the following:
(1) Keep the exterior of the site including the sidewalks and treelawns abutting the property free of litter and debris; and
(2) Provide one (1) or more solid waste containers located directly outside the primary entrance for the placement of paper, wrappers, and other items by customers and others. Such containers shall be maintained in good condition and be of suitable capacity to sufficiently contain litter and debris between scheduled waste collections.
(Ord. No. 816-2020. Passed 1-24-22, eff. 1-26-22)