[2023-54 Code Amend Zoning 1139 Exhibit A.pdf]
Table 1139.03-1, Schedule of Uses
Use
B-1
B-2
B-3
B-4
Specific Conditions
Accommodations, Hospitality and Entertainment
Bars, taverns, lounges and night clubs
C
C
P
P
Convention, banquet and meeting facilities
C
Hotels and motels
C
P
C
Indoor commercial recreation such as movie theaters,
bowling lanes and skating rinks
C
C
P
P
Microbreweries
C
C
C
C
Ch. 741; 1118.09.A
Outdoor commercial recreation such as mini-golf and
batting cages
C
C
C
1118.09.C
Pool and billiard parlors
P
P
Restaurants without drive-through facilities
P
P
P
P
Restaurants with drive-through facilities
C
P
C
Ch. 757; 1118.09.B; B-4 only if
fronting Lorain
Automotive
Sales of new automobiles and motorcycles including
accessory sales of used automobiles and motorcycles
P
P
B-4 only if fronting Lorain
Sales of new and used commercial trucks, recreational
vehicles, construction equipment, farm implements and
similar vehicles and equipment
C
1118.10.A
Vehicle, truck, and trailer rental
C
Vehicle repair, major
C
1118.10.B
Vehicle repair, minor
C
C
C
1118.10.B
Vehicle service stations
C
C
P
Ch. 739; 1118.10.C
Vehicle towing facilities
C
C
1118.10.D
Vehicle wash facilities
C
C
Ch. 729; 1118.10.E
Infrastructure, Transportation, Communications and Warehousing
Mini-warehouse/self-storage facilities
C
C
1118.11.A
Passenger bus station, repair and storage garages
C
Public utility buildings, substations and subinstallations
C
C
C
C
1118.11.B
Radio, television and recording studios
C
P
P
Recycling collection centers
C
Transit stations
C
C
C
C
Public and Institutional
Clubs and lodges for fraternal organizations
P
P
P
P
Community centers and senior centers
P
P
P
P
Cultural facilities such as museums and performing arts
centers
C
C
P
P
Day cares, nursery schools and child care
establishments
P
C
P
C
1118.12.C
EXHIBIT A
Government offices, buildings and facilities
P
P
P
P
Libraries
P
P
P
P
Parks and playgrounds
P
P
P
P
Places of worship
P
P
P
P
Colleges or universities
C
C
C
1118.12.B
Recreational ballfields and playing fields accessory to
non-profits, colleges and universities (excluding K-12
schools)
C
C
1118.12.B
School, commercial and studios including art, dance,
martial arts and music
P
P
P
P
Schools, K-12
C
C
C
1118.12.A
Schools, specialized/training
C
C
C
C
Offices and Services
Animal services, veterinary office/clinic, animal
hospital, grooming, boarding, training, day care
C
C
P
P
1118.09.A
Body branding, piercing and tattoo services
C
P
P
1118.13.D
Dry cleaners and laundromats
P
C
P
P
Development and testing laboratories and facilities
C
P
P
P
Financial institutions and pharmacies
P
P
P
P
Financial institutions and pharmacies with drive-
through facilities
C
C
P
C
1118.13.D
B-4 only if fronting Lorain
General offices and services
P
P
P
P
General offices and service with a drive-through
facility
C
C
P
C
B-4 only if fronting Lorain
Health and fitness clubs
C
P
P
Hospitals
C
C
1118.12.E
Massage Establishments
P
P
P
P
As defined in Ch. 749 and only if in
compliance with regulations therein.
Medical and dental office/clinics, micro hospitals
P
P
P
P
Mortuaries, crematoriums and funeral homes
C
P
P
Offices and services, such as a landscaping and tree
removal company, exterminator, carpet cleaner,
equipment rental, contractors’ offices
P
P
P
Offices and services, such as a landscaping and tree
removal company, exterminator, carpet cleaner,
equipment rental, contractors’ offices with outdoor
storage
C
C
1118.13.E
Personal service establishments such as barber and
beauty shops, tailors, photo studios, shoe repair and
watch repair
P
P
P
P
Short-term lending establishments, check cashing, title
loan companies and similar
C
C
1118.13.B
Smoke shops, hookah shops, drug paraphernalia shops
and electronic cigarette shops
C
C
1118.13.C
Residential
Attached single family dwellings
P
Bed and breakfast
C
1118.14.A
Dwelling units in buildings with non-residential uses at
street level
C
C
C
P
Group home, continuing care, nursing home
C
C
P
P
Multiple family dwellings
P
Senior housing
C
C
Ch. 1138
Single family dwellings existing on the adoption date
of this ordinance
P
Retail
General retail less than 100,000 sq ft per business unit
P
General retail 100,000 sq ft or more per business unit
C
1118.15.B
General retail not to exceed 50,000 sq ft per business
unit
P
C
General retail not to exceed 5,000 sq ft per business
unit
P
P
Accessory outdoor display or storage
C
C
1118.15.A
Other
Sexually oriented businesses
C
Chs. 749 and 761; 1118.16
Medical marijuana dispensaries
Prohibited
Uses of the same nature or class as uses listed in
Business Districts but not listed elsewhere in this code
See 1117.03.C for similar
use determination
process
---
[2023-54 Code Amend Zoning 1139 Exhibit B.pdf]
Table 1139.03-1, Schedule of Uses
Use
B-1
B-2
B-3
B-4
Specific Conditions
Accommodations, Hospitality and Entertainment
Bars, taverns, lounges and night clubs
C
C
P
P
Sale and Consumption of Unregulated Psychoactive
substances on premises
C
C
Convention, banquet and meeting facilities
C
Hotels and motels
C
P
C
Indoor commercial recreation such as movie theaters,
bowling lanes and skating rinks
C
C
P
P
Microbreweries
C
C
C
C
Ch. 741; 1118.09.A
Outdoor commercial recreation such as mini-golf and
batting cages
C
C
C
1118.09.C
Pool and billiard parlors
P
P
Restaurants without drive-through facilities
P
P
P
P
Restaurants with drive-through facilities
C
P
C
Ch. 757; 1118.09.B; B-4 only if
fronting Lorain
Automotive
Sales of new automobiles and motorcycles including
accessory sales of used automobiles and motorcycles
P
P
B-4 only if fronting Lorain
Sales of new and used commercial trucks, recreational
vehicles, construction equipment, farm implements and
similar vehicles and equipment
C
1118.10.A
Vehicle, truck, and trailer rental
C
Vehicle repair, major
C
1118.10.B
Vehicle repair, minor
C
C
C
1118.10.B
Vehicle service stations
C
C
P
Ch. 739; 1118.10.C
Vehicle towing facilities
C
C
1118.10.D
Vehicle wash facilities
C
C
Ch. 729; 1118.10.E
Infrastructure, Transportation, Communications and Warehousing
Mini-warehouse/self-storage facilities
C
C
1118.11.A
Passenger bus station, repair and storage garages
C
Public utility buildings, substations and subinstallations
C
C
C
C
1118.11.B
Radio, television and recording studios
C
P
P
Recycling collection centers
C
Transit stations
C
C
C
C
Public and Institutional
Clubs and lodges for fraternal organizations
P
P
P
P
EXHIBIT B
Community centers and senior centers
P
P
P
P
Cultural facilities such as museums and performing arts
centers
C
C
P
P
Day cares, nursery schools and child care
establishments
P
C
P
C
1118.12.C
Government offices, buildings and facilities
P
P
P
P
Libraries
P
P
P
P
Parks and playgrounds
P
P
P
P
Places of worship
P
P
P
P
Colleges or universities
C
C
C
1118.12.B
Recreational ballfields and playing fields accessory to
non-profits, colleges and universities (excluding K-12
schools)
C
C
1118.12.B
School, commercial and studios including art, dance,
martial arts and music
P
P
P
P
Schools, K-12
C
C
C
1118.12.A
Schools, specialized/training
C
C
C
C
Offices and Services
Animal services, veterinary office/clinic, animal
hospital, grooming, boarding, training, day care
C
C
P
P
1118.09.A
Body branding, piercing and tattoo services
C
P
P
1118.13.D
Dry cleaners and laundromats
P
C
P
P
Development and testing laboratories and facilities
C
P
P
P
Financial institutions and pharmacies
P
P
P
P
Financial institutions and pharmacies with drive-
through facilities
C
C
P
C
1118.13.D
B-4 only if fronting Lorain
General offices and services
P
P
P
P
General offices and service with a drive-through
facility
C
C
P
C
B-4 only if fronting Lorain
Health and fitness clubs
C
P
P
Hospitals
C
C
1118.12.E
Massage Establishments
P
P
P
P
As defined in Ch. 749 and only if in
compliance with regulations therein.
Medical and dental office/clinics, micro hospitals
P
P
P
P
Mortuaries, crematoriums and funeral homes
C
P
P
Offices and services, such as a landscaping and tree
removal company, exterminator, carpet cleaner,
equipment rental, contractors’ offices
P
P
P
Offices and services, such as a landscaping and tree
removal company, exterminator, carpet cleaner,
equipment rental, contractors’ offices with outdoor
storage
C
C
1118.13.E
Personal service establishments such as barber and
beauty shops, tailors, photo studios, shoe repair and
watch repair
P
P
P
P
Short-term lending establishments, check cashing, title
loan companies and similar
C
C
1118.13.B
Smoke shops, hookah shops, drug paraphernalia shops
and electronic cigarette shops
C
C
1118.13.C
Residential
Attached single family dwellings
P
Bed and breakfast
C
1118.14.A
Dwelling units in buildings with non-residential uses at
street level
C
C
C
P
Group home, continuing care, nursing home
C
C
P
P
Multiple family dwellings
P
Senior housing
C
C
Ch. 1138
Single family dwellings existing on the adoption date
of this ordinance
P
Retail
General retail less than 100,000 sq ft per business unit
P
General retail 100,000 sq ft or more per business unit
C
1118.15.B
General retail not to exceed 50,000 sq ft per business
unit
P
C
General retail not to exceed 5,000 sq ft per business
unit
P
P
Accessory outdoor display or storage
C
C
1118.15.A
Other
Sexually oriented businesses
C
Chs. 749 and 761; 1118.16
Medical marijuana dispensaries
Prohibited
Uses of the same nature or class as uses listed in
Business Districts but not listed elsewhere in this code
See 1117.03.C for similar
use determination
process
---
[2023-54 Code Amend Zoning 1139.pdf]
CITY OF NORTH OLMSTED
ORDINANCE NO. 2023 - 54
By: Mayor Jones
AN ORDINANCE AMENDING SECTION 1139.03 OF THE NORTH
OLMSTED ZONING CODE ENTITLED “SCHEDULE OF USES” TO
CONDITIONAL
PERMIT
SALE
AND
CONSUMPTION
OF
UNREGULATED PSYCHOACTIVE SUBSTANCES ON PREMISES IN
B-1 AND B-2 ZONING DISTRICTS.
WHEREAS, the City Zoning Code does not allow or provide regulation for the sale and
consumption of Unregulated Psychoactive Substances on commercial premises located in Business
Districts within the City, and this Council has imposed a Moratorium in Resolution 2022-100
pending further zoning and/or licensing regulation of same; and
WHEREAS, it is the recommendation of the Director of Economic and Community
Development that the sale and consumption of Unregulated Psychoactive Substances be specifically
addressed in and conditionally permitted within the B-1 and B-2 Business Districts in order to
provide for further Definition of such uses and to further restrict the location of same in spatial
proximity to other uses; and
WHEREAS, after careful consideration, the Planning and Design Commission of the City,
on the ____ day of ______________, 2023, by formal motion, recommended that this Ordinance
amending Section 1139.03 of the Zoning Code, entitled “Schedule of Uses,” 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 ___________, 2023; and
WHEREAS, it is the desire of this Council to amend the conditionally permitted uses in the
B-1 and B-2 Business Districts by amendment of Schedule of Uses in Section 1139.03 of the
Zoning Code; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO:
SECTION 1: That Section 1139.03 of the Zoning Code of the City of North which
reads in its entirety as attached in Exhibit A, shall be amended and, as amended shall read in
entirety as attached in Exhibit B.
SECTION 2: Any other Ordinance, or part of Ordinance, which is inconsistent or in
2
conflict with any of the provisions of this Ordinance is, to the extent of any such inconsistency or
conflict, hereby repealed.
SECTION 3: That this Ordinance shall take effect and be in force from and after
the earliest period allowed by law as specified in the Charter of the City of North Olmsted.
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