[2024-11 Moratorium Thrift Store.pdf] CITY OF NORTH OLMSTED, OHIO ORDINANCE NO. 2024 - 11 BY: Mayor Jones AN ORDINANCE DECLARING A ONE HUNDRED AND EIGHTY (180) DAY MORATORIUM ON THE ISSUANCE OF ANY PERMITS, ZONING OR OTHERWISE, TO ANY BUSINESS OPERATING AS A THRIFT STORE IN ORDER TO ALLOW FOR SUCH A RETAIL USE TO BE PROPERLY DEFINED IN SECTION 1115 OF THE ZONING CODE AND ADDED TO THE USE TABLE IN CHAPTER 1139 OF THE BUSINESS CODE AND OTHERWISE REGULATED IN THE CITY OF NORTH OLMSTED; AND DECLARING AN EMERGENCY. WHEREAS, thrift stores or thrift shops have a unique operational format, different than other retail businesses, in that they receive used or previously owned material from the general public at their place of business and process items for resale; and WHEREAS, larger thrift stores or thrift shops often have unique operational characteristics related to managing collection, processing and disposal of donated items. These characteristics may include a dedicated donation drop-off area on the exterior of the building, use of container or semi-trailers for exterior storage, and larger waste and recycling collection areas for disposal of non-saleable items; and WHEREAS, notwithstanding the unique characteristics of thrift stores or thrift shops, there presently is no zoning regulation for this type of use in the City of North Olmsted; and WHEREAS, the purpose of the North Olmsted Zoning Code is to provide for the orderly development of the land within the City and to provide in that manner for the public peace, health, safety, convenience, comfort, prosperity and general welfare of its residents and of the City; and WHEREAS, in order to meet the purpose of the North Olmsted Zoning Code, this Council desires time to study and research thrift shop or thrift store uses and businesses and determine to what extent additional regulation within the zoning and business codes of the City may be necessary for the public health, safety and welfare; and WHEREAS, this Council finds that a one hundred and eighty-day (180) moratorium on the issuance of permits, building permits and/or licenses under Title Three of the Planning and Zoning Code of the Codified Ordinances of North Olmsted, Ohio, or any other provision of the Codified Ordinances of the City of North Olmsted for the development, construction, use, or occupancy of any establishment designed or intended to be used in whole or in part as a thrift shop or thrift store is reasonable and necessary. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: 2 SECTION 1: For purpose of this Ordinance, “Thrift Store” or “Thrift Shop” shall include any person (real or corporate) engaged in any business of selling, exchanging or receiving used goods, products or merchandise from a commercial storefront premises and/or warehoused in storage facilities. For purpose of this Ordinance, "used" means previously owned, secondhand, or not "new" as when offered for sale by the original manufacturer and/or distributor. SECTION 2: For the reasons stated in the preamble to this Ordinance, this Council declares a moratorium on the review of applications for and the issuance of permits, building permits and/or licenses under Title Three of the Planning and Zoning Code of the Codified Ordinances of North Olmsted, Ohio, or any other provision of the Codified Ordinances of the City of North Olmsted for the development, construction, use, or occupancy of any establishment designed or intended to be used in whole or in part for the business of selling, exchanging or receiving used goods, products or merchandise from a commercial storefront premises and/or warehoused in storage facilities, commencing on the effective date of this ordinance and ending on either the effective date of an ordinance regulating the zoning and/or licensing of Thrift Stores or Thrift Shops or August 4, 2024, whichever date occurs first. SECTION 3: It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. SECTION 4: That, if any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected. SECTION 5: This Ordinance is declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety and general welfare of the citizens of the City of North Olmsted, and for further reason that it is immediately necessary in order for this Council to have sufficient time to consider reasonable regulation of the use and occupancy of premises for use as Thrift Shops or Thrift Stores, while preserving the current status quo on such land uses. Therefore, provided this Ordinance receives the affirmative vote of five members of Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor. PASSED: ________________________ First Reading: _______________ Second Reading: _______________ Third Reading: _______________ Committee: __________________ ATTEST: _______________________________ __________________________ BEATRICE TAYLOR LOUIS J. BROSSARD Clerk of Council President of Council 3 APPROVED: _____________________ APPROVED AS TO LEGAL FORM: _______________________________ /s/ Michael R. Gareau, Jr. ______ MAYOR NICOLE DAILEY JONES MICHAEL R. GAREAU, JR. Director of Law