Ordinance No. 990-07
Council Member Cimperman
AN EMERGENCY ORDINANCE That the Codified Ordinances of Cleveland, Ohio, 1976, are supplemented by enacting new Section 343.13 relating to entertainment overlay (EO) district.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, BE IT ORDAINTED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That the Codified Ordinances of Cleveland, Ohio, 1976, are supplemented by enacting new Section 343.13 to read as follows:
Section 343.13 Entertainment Overlay (EO) District
(a) Purpose. The Entertainment Overlay District is established to provide appropriate locations for entertainment uses that serve a citywide or regional market and that are generally incompatible with areas characterized by a concentration of residential uses and uses serving children. In establishing the Entertainment Overlay District, this Council considered the findings stated in division (a) of Section 347.07 and incorporates those findings in this section.
(b) Applicability. The Entertainment Overlay shall be mapped to supplement an underlying zoning district. Regulations of the underlying zoning district shall govern except where in conflict with regulations of the Entertainment District, in which case the regulations of the Entertainment District shall govern. The findings stated in Section 347.07 and the location regulations contained in that section, as well as any location regulations applicable to the other uses permitted in an Entertainment Overlay District, shall be considered when an Entertainment Overlay District is mapped. An Entertainment Overlay district shall be mapped only in General Retail Business Districts and Industrial Districts.
© Permitted Uses. Only the following uses are permitted in an Entertainment Overlay District.
1) All main and accessory uses permitted in the underlying zoning district.
2) Night clubs, dance halls, game rooms, pool halls, video arcades, bowling alleys, skating rinks, theaters, movie theaters and similar uses providing entertainment and recreation services.
3) Restaurants, bars, taverns, banquet halls, catering halls and similar uses serving food for consumption on the premises.
4) “Adult Entertainment” uses as defined in Section 347.07 of the Zoning Code and as regulated in that section.
(d) Number and location of Adult Entertainment Uses. Not more than one “adult entertainment” use shall be permitted for each one (1) acres of “land area” in an Entertainment Overlay District. Otherwise, adult entertainment uses shall be permitted without the location restrictions in division © of Section 347.07.
(e) Definitions. As used in this section, “land area” means all contiguous land within an Entertainment Overlay District, including land occupied by public streets, but excluding areas occupied by rivers and lakes.
Section 2. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all of the members elected to Council, it shall take effect and be in force from and after the earliest allowed by law.
6-11-07
For: Council Member Cimperman