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(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)