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1157.08 TEMPORARY STORAGE AND GARBAGE STRUCTURE STANDARDS.
   (a)   Portable temporary storage structures, related temporary storage structures and garbage dumpsters or similar containers for garbage may be utilized as a temporary structure within the City when in compliance with the standards of this section. Any use of such structures within the City not in compliance with this division shall be unlawful.
   (b)   Portable Temporary Storage Structure. The term “portable temporary storage structures” or related temporary storage structure shall be defined to be: any container, storage unit, shed-like container or other portable structure that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all Building Code and land use requirements.
   (c)   Dumpster. The term “dumpster” shall be defined as a bulk storage container for waste materials that can be hauled directly to the point of disposal or emptied into a large compactor-type truck for disposal. The term shall also be referenced as a “roll-off container.” For the purposes of this section, dumpsters approved as part of a development plan application shall not be subject to these standards.
   (d)   Standards.
      (1)   Building permit required. A building permit for such temporary uses and structures may be issued by the Building Commissioner after submission of a completed building permit application and payment of the permit application fee.
         A.   An approved permit is valid for the specified thirty-day time frame duration from the time of delivery to the time of removal and shall be valid for only one temporary structure.
         B.   Such temporary storage or dumpster structure may not be located on a specific property more than four times in any calendar year period.
         C.   Applicants seeking to extend the time frame consistent with the provisions in this division must complete a new application and submit a new permit application fee payment for each time period sought.
      (2)   No more than one temporary storage structure and no more than one temporary dumpster may be located on a specific piece of property within the City at any time.
      (3)   Such temporary structure may not exceed eight feet six inches in height, ten feet in width or twenty feet in length.
      (4)   A temporary storage or temporary dumpster structure may be permitted in the front yard only when placed upon a driveway.
      (5)   Such temporary structure shall be located no closer than five feet to any property line.
      (6)   All such temporary structures shall comply with the appropriate Building Code provisions and such other requirements as are imposed by the City or the Building Commissioner to ensure the safety of the public.
   (e)   Responsibility of the Property Owner or Tenant.
      (1)   It shall be the obligation of the owner of the property or tenant which the temporary storage or temporary dumpster structure is located to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary structure.
      (2)   In the event of high winds or other weather conditions in which such structure may become a physical danger to persons or property, the appropriate law enforcement officers may require the immediate removal of such temporary structure.
   (f)   Removal by the City.
      (1)   Any temporary storage or temporary dumpster structure which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of a law enforcement officer for removal of such temporary structure for safety reasons, may be removed by the City immediately, without notice, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the temporary structure was located and may be filed as a lien against such property by the City.
      (2)   Such lien shall be superior in priority to all other liens or encumbrances upon the property, including the lien of a mortgage, and shall be equal in priority to the lien of ad valorem taxes.
(Ord. 2022-24. Passed 5-24-22.)
1157.09 TEMPORARY CONSTRUCTION BUILDINGS AND ENCLOSURES IN     RESIDENTIAL DISTRICTS.
   (a)   Permitted Temporary Construction Support Buildings and Uses. Temporary structures may be permitted in any residential zoning district if such structures are deemed necessary for construction operations in connection with dwellings and accessory buildings in the area, for which operations a building permit has been issued, provided that:
      (1)   Such structures are limited to offices, yards and buildings for the storage of equipment, lumber and other building materials.
      (2)   The operations and activities carried on within such structures do not adversely affect the use of nearby dwellings by reason of noise, smoke, dust, odor, fumes, vibration, electrical disturbance or glare to a greater extent than normal in a residential zoning district that is being developed.
      (3)   The hours of operation shall be from 7:00 a.m. to 6:00 p.m., and the concentration of vehicles servicing the premises in connection with such construction use is not more hazardous than normal traffic in a residential zoning district that is being developed.
      (4)   All temporary structures are located at least 100 feet from the nearest occupied residential dwelling.
      (5)   All structures and yard storage areas are enclosed by a fence.
   (b)   Removal of Temporary Structures. All temporary structures shall be removed within thirty days after the completion of work on the premises for which a building permit has been issued or if construction is not diligently pursued.
(Ord. 2022-24. Passed 5-24-22.)
1157.10 PERFORMANCE STANDARDS.
   (a)   Purpose. It is the purpose of these performance standards to provide for the peaceful and quiet enjoyment of property and to set forth regulations so that no use shall be constructed or operated so as to create a nuisance or to create any noxious, objectionable or other undesirable effect on persons or property outside of the lot line of said use.
   (b)   Applicability and Compliance.
      (1)   These performance standards are applicable to all land uses in all zoning districts within the City, and both initial and continued compliance is required.
      (2)   As a condition precedent to the further use of property, no use already established shall be altered, added to or otherwise modified, so as to conflict with, or further conflict with, the performance standards set forth in this Section.
      (3)   Any change in the principal use of land, a structure or a building shall constitute a discontinuance and be fully subject to these standards and provisions.
      (4)   Any condition or land use falling under the jurisdiction of the standards of this Zoning Code and not in full conformance with these standards shall be brought into full compliance immediately upon discontinuance of the existing use of land, structure or building.
      (5)   At any time, a principal or accessory use is changed or any existing use is altered or modified, the Planning Commission may require a written statement of compliance be provided by the property owner declaring that such changed principal use or modification or alteration of an existing use will comply with all applicable performance standards set forth in this Section.
         A.   Any written statement of compliance may be subject to an independent opinion determination.
         B.   Such independent opinion determination may be ordered by the City and involve the hiring of an independent study by a professional engineer or other appropriate expert qualified in the particular field in question.
         C.   The cost for such independent opinion determination services shall be paid by the property owner.
   (c)   Performance Standards.
      (1)   Use, materials and equipment enclosures.
         A.   All permitted principal uses and accessory uses and operations, except off-street parking, shall be performed wholly within an enclosed building or buildings.
         B.   All raw materials, finished products and any other equipment shall be stored within fully enclosed buildings.
      (2)   Fire and explosive hazards.
         A.   The storage, handling and use of flammable or explosive materials shall be permitted only in structures having incombustible exterior walls.
         B.   All activities concerned with flammable or explosive materials shall be provided with adequate safety and protective devices against hazards of fire and explosion as well as with adequate fire-fighting suppression equipment and devices standard to the operation involved.
         C.   Automatic sprinkling systems may be required.
         D.   All buildings shall be accessible to fire-fighting equipment and shall comply with the Fire Prevention Codes of the City and the State.
      (3)   Dust and smoke. The emission of smoke, soot, fly ash, fumes, dust and other types of air pollution borne by the wind shall be controlled so that the rate of emission and quantity deposited beyond the lot are not detrimental to and do not endanger the public health, safety, comfort and welfare or adversely affect property values and so that such emissions do not exceed the amount permitted by other codes of the State, County or City.
      (4)   Odors. No use shall cause or allow the emission of odorous air contaminants from any source sufficient to result in detectable odors as to produce a public nuisance or hazard beyond any lot line on which the use occurs.
      (5)   Toxic or noxious matter. No emission of toxic, noxious or corrosive fumes or gases which would be demonstrably injurious to property, vegetation, animals or human health at or beyond the boundaries of the lot occupied by the use shall be permitted.
      (6)   Noise. No business or commercial operation, residential use or any other use shall create a persistent or recurring noise which is a nuisance nor raise the noise level more than two decibels above the normal background level (measured at any lot line). Nor shall any sound be objectionable due to intermittence, beat frequency or shrillness.
      (7)   Vibration. No vibrations which would be perceptible without the aid of instruments shall be permitted beyond the lot line occupied by the use.
      (8)   Radioactive or electrical disturbances. No radioactive emission or electromagnetic radiation disturbances which adversely affect any equipment at or beyond the boundaries of the zoning lot shall be permitted.
      (9)   Waste materials.
         A.   No garbage, rubbish, waste matter, empty containers or waste processing equipment shall be permitted outside of any building, unless a specific outside storage area is approved by the Planning Commission.
         B.   If outside waste storage is approved by the Planning Commission, such storage shall be in containers approved by the Director of Public Service, and the waste container area shall be fully screened from public view subject to the screening standards set forth in Chapter 1151. The specific type and method of such screening shall be subject to approval by the Planning Commission.
         C.   No liquid waste shall be discharged into an open body of water or a sewer, unless treated or controlled so that the amount of solid substances, oils, grease, acids, alkalines and other chemicals does not exceed the amount permitted by other codes of the State, County or City. No waste containing material harmful to the sewerage system or the sewage treatment process shall be discharged into the Municipal sewerage system. Damage resulting from accidental spills or emissions of solid, liquid or gaseous waste shall be the responsibility of the offenders.
      (10)   Glare and heat. Any operation producing intense light or heat, including high temperature processes such as combustion or welding, shall not be visible or felt beyond any lot line bounding the property wherein the use is conducted. All exterior lighting on private property shall be positioned as to extend glare away from adjacent properties or any public right-of-way.
   (d)   Enforcement Actions. In enforcing performance standards on existing uses, the Building Commissioner may issue a written notice of violation to an alleged violator.
      (1)   The Building Commissioner shall, before issuing such notice, make technical determinations of any probable violation when such determinations can be made using equipment and trained personnel normally available to the City or obtainable without extraordinary expense.
      (2)   In certain cases, however, technical complexity or extraordinary expense may make it fiscally unreasonable for the City to maintain personnel or equipment for making determinations of violation prior to issuing a notice of violation. In such cases, a notice of violation may be issued when the Building Commissioner has other reason to believe there is probable violation.
      (3)   The Building Commissioner shall give notice of violation by any means that ensures a signed receipt for such notice to the party responsible for the alleged violation. The notice shall describe the alleged violation and the results of technical determinations or the other reasons why the Building Commissioner believes there is a violation.
      (4)   Notice of violation contents.
         A.   The notice shall require either an answer or correction of the alleged violation and within a time limit he or she shall specify in the notice.
         B.   The notice shall also state that failure to provide an answer or correct the alleged violation within this time limit shall constitute admission of a performance standards violation.
         C.   The notice shall further state that, if technical determinations have not already been made, upon request of the alleged violator such determinations will be made.
         D.   If a violation is found as a result of such determinations, the cost incurred to seek a technical determination will be assessed against the properties or parties responsible in addition to any other penalties provided for. If no violation is found, the City shall be responsible for the costs incurred in seeking a technical determination under this section.
(Ord. 2022-24.Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)
1157.11 DEMOLITION OF BUILDINGS.
   (a)   Jurisdiction Over Building Permits Requesting Demolition of a Building or Structure. A building permit for the demolition of a building may be issued by the Building Commissioner upon application by the owner of the property and approval by the Planning Commission.
      (1)   The Planning Commission shall not have jurisdiction over the review or determination of any building permit requesting demolition of a single-family or two-family structure.
      (2)   The Building Commissioner shall have the authority to review and issue a determination of approval or denial on all building permits requesting demolition of a single-family or two-family residential structures.
   (b)   Building Permit Application Contents. An application for a building permit for demolition shall include the proposed use and development plans for the zoning lot upon which the building to be demolished is located and such other data as the Building Commissioner may deem to be necessary.
   (c)   Demolition of Single-Family, Two-Family and Accessory Structures. A building permit for the demolition of a single-family, two-family and accessory structure may be approved by the Building Commissioner.
      (1)   The application shall be accompanied by such data as the Building Commissioner may deem to be necessary.
      (2)   If the Building Commissioner determines that such demolition is proposed to be conducted in such manner as to avoid detrimental or blighting influences upon the neighborhood and to avoid interfering with or impairing the use and enjoyment of the neighboring premises.
   (d)   Demolition of Multi-Family and Non-Residential Structures. This division applies to all structures except for single-family, two-family and accessory structures.
      (1)   If the applicant’s proposed use is a permitted principal use or accessory use to a permitted principal use within the zoning district, the Planning Commission may simultaneously consider the development plans of the applicant to determine preliminary or final approval in accordance with the development plan provision of this Zoning Code.
      (2)   If the applicant’s proposed use of the zoning lot is a conditional use or an accessory use to a conditional use within the zoning district, Planning Commission shall simultaneously determine whether such use complies with the purpose and intent and basic planning objectives of this Zoning Code, complies with the planning objectives for the zoning district and the standards expressed in the Conditional Use Chapter, and complies with(or is deemed to comply by reason of satisfying the planning objectives of) all substantive requirements of this Zoning Code applicable to such use.
      (3)   If the Planning Commission determines that the proposed demolition is to be conducted in such manner as to avoid detrimental or blighting influences upon the neighborhood and to avoid interfering with or impairing the use and enjoyment of the neighboring premises, it shall approve the application for a building permit for the demolition, notwithstanding its findings regarding the proposed use or development plan.
      (4)   Prior to action being taken by the Planning Commission on an application for a building permit for the demolition of a building, the Planning Commission shall cause written notice of the initial meeting at which such application shall be considered by the Commission to be mailed, by first class mail, at least ten days before the date of such meeting, to the owners of property within 200 feet from the borders of such parcel or parcels on which the application for demolition of a building has been made to the addresses of such owners appearing on the Cuyahoga County Auditor’s current tax list or the Treasurer’s mailing list and to such other list or lists that may be specified by the Commission. The failure of delivery of such notice shall not invalidate any action by the Commission.
(Ord. 2022-24. Passed 5-24-22.)
1157.12 SEXUALLY ORIENTED BUSINESS REGULATIONS.
   (a)   Purpose and Intent. In enacting this chapter, the Middleburg Heights City Council makes the following statement of intent and findings:
         (1)   Sexually oriented business establishments require special supervision from the public safety agencies of the City in order to protect and preserve the health, safety, morals, and welfare of the patrons and employees of the businesses as well as the citizens of the City.
         (2)   This Council finds that sexually oriented business establishments are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature.
      (3)   The concern over sexually transmitted diseases is a legitimate health concern of this City that demands reasonable regulation of sexually oriented business establishments by this City in the specified manner, and expanded authority for reasonable regulation of sexually oriented business establishments by local governments, in order to protect the health and well-being of the citizens.
      (4)   Minimal regulations enacted by this City are a legitimate and reasonable means of accountability to ensure that operators of sexually oriented business establishments comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.
      (5)   There is convincing documented evidence that sexually oriented business establishments, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, cause increased crime, particularly in the overnight hours, and downgrade property values.
      (6)   This Council desires to minimize and control these adverse effects by regulating sexually oriented business establishments in the specified manner. By minimizing and controlling these adverse effects, this Council seeks to protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight.
      (7)   This Council has determined that current local zoning and other locational criteria do not adequately protect the health, safety, and general welfare of the people of this City and that expanded regulation of sexually oriented business establishments is necessary.
      (8)   It is not the intent of this Council in enacting this act to suppress or authorize the suppression of any speech activities protected by the First Amendment, but to enact content-neutral statutes that address the secondary effects of sexually oriented business establishments.
      (9)   It is not the intent of this Council to condone or legitimize the distribution of obscene material, and this Council recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages state law enforcement officials to enforce state obscenity statutes against any such illegal activities in this state.
       (10)   It is the intent of this Council in enacting this chapter to regulate in the specified manner sexually oriented business establishments in order to promote the health, safety, morals, and general welfare of the citizens of this City and establish reasonable regulations to prevent the deleterious secondary effects of sexually oriented business establishments within this City. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent of this Council in enacting this chapter to restrict or deny, or authorize the restriction or denial of, access by adults to sexually oriented materials protected by the First Amendment, or to deny, or authorize the denial of, access by the distributors and exhibitors of adult entertainment and adult materials to their intended market. Neither is it the intent nor effect of this Council in enacting this chapter to condone or legitimize the distribution or exhibition of obscene material.
   (b)   Findings. Based on evidence concerning the adverse secondary effects of adult uses on communities presented in hearings and in reports made available to the legislature and subsequently adopted by the Ohio General Assembly as findings under Section 3 of House Bill 23, this Council finds:
      (1)   Sexually oriented business establishments lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments.
      (2)   Certain employees of sexually oriented business establishments, as defined in this section as adult theaters and cabarets, engage in a higher incidence of certain types of illicit sexual behavior than employees of other establishments.
      (3)   Sexual acts, including masturbation and oral and anal sex, occur at sexually oriented business establishments, especially those that provide private or semiprivate booths or cubicles for viewing films, videos, or live sex shows. The “couch dances” or “lap dances” that frequently occur in sexually oriented business establishments featuring live nude or seminude dancers constitute or may constitute the offense of “engaging in prostitution” under R.C. § 2907.25.
      (4)   Offering and providing private or semi-private booths or cubicles encourages such activities, which creates unhealthy conditions.
      (5)   Persons frequent certain adult theaters, adult arcades, and other sexually oriented business establishments for the purpose of engaging in sexual activity within the premises of those sexually oriented business establishments.
      (6)   Numerous communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection(HIV- AIDS), genital herpes, hepatitis salmonella, campylobacter and shigella infections, chlamydial, myoplasmal and ureoplasmal infections, trichomoniasis, and chancroid.
      (7)   Sanitary conditions in some sexually oriented business establishments are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.
      (8)   Sexually oriented businesses, as a category of commercial uses, are often associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter and sexual assault and exploitation.
      (9)   Illegal and unsanitary acts involving nudity, including lewd conduct, masturbation, oral and anal sex, occur at unregulated sexually oriented businesses, including those businesses which provide private or semi-private rooms, booths, or cubicles for viewing films, videos or live performances.
      (10)   Each of the foregoing negative secondary effects constitutes a harm which this City has a substantial government interest in preventing and/or abating. This substantial governmental interest in preventing secondary effects, which is this City’s rationale for this chapter, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, this City’s interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may located in this City. The City finds that the cases and documentation relied on in this Zoning Code are reasonably believed to be relevant to said secondary effects.
      (11)   Sexually oriented business establishments have operational characteristics that require or subject them to reasonable government regulation in order to protect those substantial governmental concerns.
      (12)   The enactment of this chapter will promote the general welfare, health, morals, and safety of the citizens of this City.
   (c)   Location Standards.
      (1)   It shall be unlawful to establish, operate, or cause to be operated a sexually oriented business in Middleburg Heights unless the sexually oriented business is located at least 1,320 feet from another sexually oriented business.
      (2)   It shall be unlawful to establish, operate, or cause to be operated a sexually oriented business in Middleburg Heights, unless the sexually oriented business is located at least 1,000 feet from the following “sensitive uses”:
         A.   One thousand feet from the closest boundary of any residential zoning district or parcel containing a residential land use.
         B.   One thousand feet from any child day-care center, hospital, hotel, public or private parks and outdoor recreation, religious institution, public use facility, residential care facility, public or private educational institution or senior independent living community uses in or adjacent to the City, whether or not such use is conforming or nonconforming, in or adjacent to the City.
         C.   One thousand feet from all parcels containing a business that is licensed to serve alcohol and is not primarily engaged in the sale and service of food at the premises.
      (3)   Measurement standards.
         A.   The measure of distance shall be from the outermost wall of the structure or proposed structure of the sexually oriented business that is nearest to the applicable sensitive use or other sexually oriented business establishment as set forth in this Section, to the property line of the applicable sensitive use or other sexually oriented business establishment, along the shortest possible straight line course, without regard to intervening structures or topography considerations.
         B.   Where a sexually oriented business is located within a multi-tenant structure, the measurement shall be to or from the closest part of the tenant space occupied by the sexually oriented business.
(Ord. 2022-24. Passed 5-24-22.)
1157.13 MINOR YARD AMENITY STANDARDS.
   (a)   Minor yard amenities shall be defined as minor permanent or temporary structures or equipment, accessory to a permitted or conditional use, which:
      (1)   Provide amenities for the persons living or working on such premises.
      (2)   Involve only the use of minor quantities of materials or minor(in number and size) items of equipment.
      (3)   Are conducive to the enjoyment of the premises for a permitted use.
      (4)   Are consistent with the purpose, intent and basic planning objectives of this Zoning Code and with the objectives for the zoning district in which located.
      (5)   Are consistent with the permitted use of the zoning lot.
      (6)   Are so located that natural light and ventilation are not materially obstructed from the principal building or any adjoining property.
   (b)   Examples of minor yard amenity structures or equipment (subject to the requirements of division (a) above), are arbors, trellises and other landscaping features; flagpoles, lawn furniture; lawn statues, playground equipment such as swings or basketball equipment, outdoor storage equipment.
      (1)   The Building Commissioner shall make the determination whether a structure or piece of equipment qualifies as a “minor yard amenity.”
      (2)   All minor yard amenities proposed for any front yard area shall be approved by the Building Commissioner and may be subject to screening or special setback requirements determined on a case-by-case basis.
      (3)   A basketball pole and hoop system shall be permitted in the front yard area without approval from the Building Commissioner.
   (c)   The use of any minor structure or equipment shall be terminated and any such structure or equipment shall be removed or any deficiency therein corrected, and any permit therefore shall be revoked, if the Building Commissioner at any time determines that any use does not conform to the requirements of this chapter or other substantive requirements of this Zoning Code.
(Ord. 2022-24. Passed 5-24-22.)