[2024-73 Zoning Code 1115.12 Definitions Vape Shop Amended.pdf] CITY OF NORTH OLMSTED ORDINANCE NO. 2024 - 73 By: Mayor Jones AN ORDINANCE ESTABLISHING THE DEFINITION OF “VAPE SHOP” IN SECTION 1115.12 OF THE PLANNING AND ZONING CODE OF THE CODIFIED ORDINANCES OF THE CITY OF NORTH OLMSTED ENTITLED, “DEFINITIONS U-V”, FOR THE PURPOSE OF ADDING DEFINITIONS FOR USES ASSOCIATED WITH RETAIL SALES BY VAPE SHOPS, AS AMENDED. WHEREAS, the Director of Economic and Community Development recommends amendment of Chapter 1115 to define Vape Shop, in connection with related Zoning Code amendments which establish such conditionally permitted uses and limit their proximity to specified existing uses in Business Districts; and WHEREAS, it is the recommendation of the Director of Economic and Community Development that the Council establish and add the definition of “VAPE SHOP” in Section 1115.12; and WHEREAS, after careful consideration, the Planning and Design Commission of the City, on the ____ day of ______________, 2024, by formal motion, recommended that this Ordinance amending Section 1115.12 of the Zoning Code, presently entitled “Definitions S-T” be (approved) (disapproved); and WHEREAS, following publication of newspaper notice in conformance with the provisions of Section 14 of Article IV of the Charter and Section 1127.03 of the Zoning Code, a public hearing was held on the ____ day of ___________, 2024; and WHEREAS, it is the desire of this Council to amend Planning and Zoning Code Chapter 1115.12, as recommended by the Planning and Design Commission, in order to add new definitions applicable to the Zoning Code as set forth in the Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: SECTION 1: That Chapter 1115.12, “Definitions U-V” which reads in its entirety as it appears in Exhibit A; BE AMENDED AND AS AMENDED SHALL READ IN ITS ENTIRETY AS FOLLOWS: 2 1115.12 DEFINITIONS U - V. UNREGULATED PSYCHOACTIVE SUBSTANCES means any substance with psychoactive mind-altering properties meant to mimic the effects of drugs and/or alcohol. A psychoactive effect is something which affects a person's mental functioning or emotional state by stimulating or depressing their nervous system. This would include effects that we associate with controlled drugs, including the following: a) Hallucinations b) Changes in alertness c) Perception of time and space d) Mood or empathy with others e) drowsiness USE means any purpose for which a building, other structure or land may be arranged, designed, intended, maintained or occupied. "Use" also means any activity conducted in a building or other structure or on the land. USE, ACCESSORY means a use of land or building, or a portion thereof, that is subordinate to, and customarily associated with or incidental to the principal or primary use. USE, CONDITIONAL means an uncommon or infrequent use which may be permitted in specific districts, subject to compliance with certain standards and explicit conditions set forth in this ordinance and subject to the granting of a conditional use permit. USE, NONCONFORMING is a term applied to lots, structures and uses of land which were lawful before the adoption of this ordinance, or subsequent amendment, but which are prohibited by, or which are not in compliance with, the requirements of this ordinance. USE, PERMITTED means a type of land use that is authorized by right for a particular zoning district. USE, PRINCIPAL OR PRIMARY means the significant or primary activity carried out within a structure or upon land. UTILITY ROOM means a room at or above or not more than four (4) feet below the finished ground elevation in a dwelling and used or designed to house equipment used for laundry, heating or other related purposes. Vape Shop means: any retails or service establishment that devotes at least 51% 31% of its floor areas to the sale and display of electronic cigarettes, vapor products, electronic smoking product, or alternative nicotine product or allows vaping on site. An electronic cigarette is any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term electronic cigarette includes any such device whether manufactured distributed marketed or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vapor pen, or under any other product name or descriptor. A “Vape Shop” can colloquially be referred to as a “head shop”. 3 1. “Vapor product” means a product, other than a cigarette or other tobacco product as defined herein, that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting or sniffing. “Vapor product” includes any component part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery or electronic circuit and is used to deliver the product. “Vapor Product” does not include any product that is a drug, device or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). “Vapor Product” includes any product containing nicotine, regardless of concentration. See also “electronic smoking device”. 2. "Electronic smoking product" means any noncombustible product, other than a cigarette or tobacco product, that (1) contains or is designed to use vapor products and (2) employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from the vapor product. "Electronic smoking product" includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, vaporizer, or similar product or device, but does not include any product regulated as a drug, device, or combination product under Chapter V of the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C. 301, et seq. 3. "Electronic smoking device" means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic cigarillo, electronic hookah, vaping pen, or electronic pipe. "Electronic smoking device" includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. "Electronic smoking device" does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). 4. ""Alternative nicotine product" means, subject to subsection (a)(2)A. of this section, an electronic cigarette or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling. a. "Alternative nicotine product" does not include any of the following: i. Any cigarette or other tobacco product; ii. Any product that is a "drug" as that term is defined in 21 U.S.C. 321(g)(1); iii. Any product that is a "device" as that term is defined in 21 U.S.C. 321(h); iv. Any product that is a "combination product" as described in 21 U.S.C. 353(g). VARIANCE means a grant of relief from the requirements of this ordinance, based on conditions of the property that pose an unnecessary hardship in complying with the requirements. 4 VEGETATION means all plant growth including trees, shrubs, mosses and grasses. VEHICLE REPAIR, MAJOR means the repair, rebuilding or reconditioning of engines, motor vehicles, or trailers, including body and fender work, framework, welding and painting service. VEHICLE REPAIR, MINOR means a building or premises used primarily to provide general maintenance on automobiles vehicles such as oil changes and lubrication; servicing a repair of spark plugs, batteries, pumps, belts, hoses, air filters, windshield wipers and distributors; replacement of mufflers and exhaust systems, brakes and shock absorbers; radiator cleaning and flushing; sale and installation of automobile vehicle accessories such as tires, radios and air conditioners; wheel alignment and balancing; but, excluding tire recapping or grooving or any major mechanical repairs, collision work or painting. VEHICLE WASH means a building or portion of a building with machine or hand-operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles. VETERINARY CLINIC means a facility for the care and treatment of small animals, including household pets. Such facilities may be entirely indoors or may have both indoor and outdoor components. (Ord. 2023-53. Passed 8-1-23.) SECTION 2: That the Clerk of Council be and she is hereby directed to cause notice of a Public Hearing hereon to be given pursuant to the provisions of Section 14 of Article IV of the Charter of the City of North Olmsted and Section 1127.03 of the North Olmsted Zoning Code. SECTION 3: That, in all other respects, the North Olmsted Zoning Code, as amended and supplemented from time to time, not amended herein shall remain in full force and effect. SECTION 4: That all other ordinances or parts of ordinances or resolutions that are inconsistent or in conflict with the newly amended and adopted sections are likewise repealed to the extent of such inconsistency or conflict only. SECTION 5: That, if any section, paragraph, sentence, clause, phrase, term, provision or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid or inoperative, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the section, paragraph, sentence, clause, phrase, term, provision or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 6: That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. 5 PASSED: ________________________ First Reading: _______________ Second Reading: _______________ Third Reading: _______________ Committee: __________________ ATTEST: _______________________________ __________________________ BEATRICE TAYLOR LOUIS J. BROSSARD Clerk of Council President of Council APPROVED: _____________________ APPROVED AS TO LEGAL FORM: _______________________________ /s/ Michael R. Gareau, Jr. ______ MAYOR NICOLE DAILEY JONES MICHAEL R. GAREAU, JR. Director of Law --- [2024-73 Zoning Code 1115.12 Definitions Vape Shop.pdf] CITY OF NORTH OLMSTED ORDINANCE NO. 2024 - 73 By: Mayor Jones AN ORDINANCE ESTABLISHING THE DEFINITION OF “VAPE SHOP” IN SECTION 1115.12 OF THE PLANNING AND ZONING CODE OF THE CODIFIED ORDINANCES OF THE CITY OF NORTH OLMSTED ENTITLED, “DEFINITIONS U-V”, FOR THE PURPOSE OF ADDING DEFINITIONS FOR USES ASSOCIATED WITH RETAIL SALES BY VAPE SHOPS. WHEREAS, the Director of Economic and Community Development recommends amendment of Chapter 1115 to define Vape Shop, in connection with related Zoning Code amendments which establish such conditionally permitted uses and limit their proximity to specified existing uses in Business Districts; and WHEREAS, it is the recommendation of the Director of Economic and Community Development that the Council establish and add the definition of “VAPE SHOP” in Section 1115.12; and WHEREAS, after careful consideration, the Planning and Design Commission of the City, on the ____ day of ______________, 2024, by formal motion, recommended that this Ordinance amending Section 1115.12 of the Zoning Code, presently entitled “Definitions S-T” be (approved) (disapproved); and WHEREAS, following publication of newspaper notice in conformance with the provisions of Section 14 of Article IV of the Charter and Section 1127.03 of the Zoning Code, a public hearing was held on the ____ day of ___________, 2024; and WHEREAS, it is the desire of this Council to amend Planning and Zoning Code Chapter 1115.12, as recommended by the Planning and Design Commission, in order to add new definitions applicable to the Zoning Code as set forth in the Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: SECTION 1: That Chapter 1115.12, “Definitions U-V” which reads in its entirety as it appears in Exhibit A; BE AMENDED AND AS AMENDED SHALL READ IN ITS ENTIRETY AS FOLLOWS: 1115.12 DEFINITIONS U - V. 2 UNREGULATED PSYCHOACTIVE SUBSTANCES means any substance with psychoactive mind-altering properties meant to mimic the effects of drugs and/or alcohol. A psychoactive effect is something which affects a person's mental functioning or emotional state by stimulating or depressing their nervous system. This would include effects that we associate with controlled drugs, including the following: a) Hallucinations b) Changes in alertness c) Perception of time and space d) Mood or empathy with others e) drowsiness USE means any purpose for which a building, other structure or land may be arranged, designed, intended, maintained or occupied. "Use" also means any activity conducted in a building or other structure or on the land. USE, ACCESSORY means a use of land or building, or a portion thereof, that is subordinate to, and customarily associated with or incidental to the principal or primary use. USE, CONDITIONAL means an uncommon or infrequent use which may be permitted in specific districts, subject to compliance with certain standards and explicit conditions set forth in this ordinance and subject to the granting of a conditional use permit. USE, NONCONFORMING is a term applied to lots, structures and uses of land which were lawful before the adoption of this ordinance, or subsequent amendment, but which are prohibited by, or which are not in compliance with, the requirements of this ordinance. USE, PERMITTED means a type of land use that is authorized by right for a particular zoning district. USE, PRINCIPAL OR PRIMARY means the significant or primary activity carried out within a structure or upon land. UTILITY ROOM means a room at or above or not more than four (4) feet below the finished ground elevation in a dwelling and used or designed to house equipment used for laundry, heating or other related purposes. Vape Shop means: any retails or service establishment that devotes at least 51% of its floor areas to the sale and display of electronic cigarettes, vapor products, electronic smoking product, or alternative nicotine product or allows vaping on site. An electronic cigarette is any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term electronic cigarette includes any such device whether manufactured distributed marketed or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vapor pen, or under any other product name or descriptor. A “Vape Shop” can colloquially be referred to as a “head shop”. 1. “Vapor product” means a product, other than a cigarette or other tobacco product as defined herein, that contains or is made or derived from nicotine and that is intended and marketed for 3 human consumption, including by smoking, inhaling, snorting or sniffing. “Vapor product” includes any component part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery or electronic circuit and is used to deliver the product. “Vapor Product” does not include any product that is a drug, device or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). “Vapor Product” includes any product containing nicotine, regardless of concentration. See also “electronic smoking device”. 2. "Electronic smoking product" means any noncombustible product, other than a cigarette or tobacco product, that (1) contains or is designed to use vapor products and (2) employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from the vapor product. "Electronic smoking product" includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, vaporizer, or similar product or device, but does not include any product regulated as a drug, device, or combination product under Chapter V of the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C. 301, et seq. 3. "Electronic smoking device" means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic cigarillo, electronic hookah, vaping pen, or electronic pipe. "Electronic smoking device" includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. "Electronic smoking device" does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). 4. ""Alternative nicotine product" means, subject to subsection (a)(2)A. of this section, an electronic cigarette or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling. a. "Alternative nicotine product" does not include any of the following: i. Any cigarette or other tobacco product; ii. Any product that is a "drug" as that term is defined in 21 U.S.C. 321(g)(1); iii. Any product that is a "device" as that term is defined in 21 U.S.C. 321(h); iv. Any product that is a "combination product" as described in 21 U.S.C. 353(g). VARIANCE means a grant of relief from the requirements of this ordinance, based on conditions of the property that pose an unnecessary hardship in complying with the requirements. VEGETATION means all plant growth including trees, shrubs, mosses and grasses. 4 VEHICLE REPAIR, MAJOR means the repair, rebuilding or reconditioning of engines, motor vehicles, or trailers, including body and fender work, framework, welding and painting service. VEHICLE REPAIR, MINOR means a building or premises used primarily to provide general maintenance on automobiles vehicles such as oil changes and lubrication; servicing a repair of spark plugs, batteries, pumps, belts, hoses, air filters, windshield wipers and distributors; replacement of mufflers and exhaust systems, brakes and shock absorbers; radiator cleaning and flushing; sale and installation of automobile vehicle accessories such as tires, radios and air conditioners; wheel alignment and balancing; but, excluding tire recapping or grooving or any major mechanical repairs, collision work or painting. VEHICLE WASH means a building or portion of a building with machine or hand-operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles. VETERINARY CLINIC means a facility for the care and treatment of small animals, including household pets. Such facilities may be entirely indoors or may have both indoor and outdoor components. (Ord. 2023-53. Passed 8-1-23.) SECTION 2: That the Clerk of Council be and she is hereby directed to cause notice of a Public Hearing hereon to be given pursuant to the provisions of Section 14 of Article IV of the Charter of the City of North Olmsted and Section 1127.03 of the North Olmsted Zoning Code. SECTION 3: That, in all other respects, the North Olmsted Zoning Code, as amended and supplemented from time to time, not amended herein shall remain in full force and effect. SECTION 4: That all other ordinances or parts of ordinances or resolutions that are inconsistent or in conflict with the newly amended and adopted sections are likewise repealed to the extent of such inconsistency or conflict only. SECTION 5: That, if any section, paragraph, sentence, clause, phrase, term, provision or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid or inoperative, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the section, paragraph, sentence, clause, phrase, term, provision or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 6: That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. 5 PASSED: ________________________ First Reading: _______________ Second Reading: _______________ Third Reading: _______________ Committee: __________________ ATTEST: _______________________________ __________________________ BEATRICE TAYLOR LOUIS J. BROSSARD Clerk of Council President of Council APPROVED: _____________________ APPROVED AS TO LEGAL FORM: _______________________________ /s/ Michael R. Gareau, Jr. ______ MAYOR NICOLE DAILEY JONES MICHAEL R. GAREAU, JR. Director of Law
