City Council

City of Parma Heights Council Meeting 6281 Pearl Road Monday, June 22, 2026 7 :00 PM ROLL CALL PLEDGE OF ALLEGIANCE ACTION ON MINUTES: JUNE 8, 2026 – CITY COUNCIL REPORTS FROM MAYOR AND DIRECTORS COMMUNICATIONS: NONE AT THIS TIME PUBLIC SESSION LEGISLATION: Third Reading 1) ORDINANCE NO. 2026 – 51 AN ORDINANCE REPEALING SECTION 666.17 ENTITLED “OBSCENE OR PROFANE LANGUAGE” OF THE PARMA HEIGHTS CODIFIED ORDINANCES 2) ORDINANCE NO. 2026 – 52 AN ORDINANCE AMENDING SECTION 965.11 ENTITLED “SOLID WASTE COLLECTION FEE” OF THE CODIFIED ORDINANCES OF THE CITY OF PARMA HEIGHTS Second Reading 3) ORDINANCE NO. 2026 - 54 AN ORDINANCE TO APPROVE THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES; TO PROVIDE FOR THE ADOPTION OF NEW MATTER IN THE UPDATED AND REVISED CODIFIED ORDINANCES; TO PROVIDE FOR THE PUBLICATION OF SUCH NEW MATTER; TO REPEAL ORDINANCES AND RESOLUTIONS IN CONFLICT THEREWITH; AND DECLARING AN EMERGENCY First Reading 4) RESOLUTION NO. 2026 –55 A RESOLUTION AUTHORIZING THE CITY OF PARMA HEIGHTS TO FILE AN APPLICATION THROUGH THE OHIO DEPARTMENT OF NATURAL RESOURCES NATUREWORKS GRANT PROGRAM FOR THE CASSIDY PATIO PROJECT, AND DECLARING AN EMERGENCY 5) RESOLUTION NO. 2026 – 56 A RESOLUTION AUTHORIZING THE ADMINISTRATION TO SUBMIT AN APPLICATION FOR THE CUYAHOGA COUNTY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 2027 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AND DECLARING AN EMERGENCY 6) RESOLUTION NO. 2026 -57 A RESOLUTION EXTENDING THE TEMPORARY MORATORIUM ENACTED BY RESOLUTION 2025-18 AND EXTENDED BY RESOLUTIONS 2025-68 AND 2026-7, FOR AN ADDITIONAL SIX (6) MONTHS, PROHIBITING THE ACCEPTANCE OF APPLICATIONS FOR, City of Parma Heights, 6281 Pearl Road, Parma Heights, OH 44130 AND THE GRANTING OF, ZONING APPROVALS, BUILDING PERMITS, AND CERTIFICATES OF OCCUPANCY FOR ANY BUILDING, STRUCTURE, USE, OR CHANGE OF USE THAT WOULD BE ASSOCIATED WITH THE DISTRIBUTION OR SALE OF VAPING/E-CIGARETTE PRODUCTS AND PROHIBITING THE COMMENCEMENT OF THE ACTUAL DISTRIBUTION AND SALE OF SUCH PRODUCTS WITHIN THE CITY OF PARMA HEIGHTS, AND DECLARING AN EMERGENCY 7) ORDINANCE NO. 2026 - 58 AN ORDINANCE AMENDING SECTION 1131.02 ENTITLED “DEFINITIONS” OF THE CODIFIED ORDINANCES OF THE CITY OF PARMA HEIGHTS, AND DECLARING AN EMERGENCY 8) ORDINANCE NO. 2026 -59 AN ORDINANCE AMENDING SECTION 1185.02 ENTITLED “PERMITTED USES” OF THE PARMA HEIGHTS CODIFIED ORDINANCES, AND DECLARING AN EMERGENCY 9) ORDINANCE NO. 2026 -60 AN ORDINANCE AMENDING SECTION 1195.05 ENTITLED, "COMMERCIAL USE- SPECIFIC REGULATIONS" OF THE CODIFIED ORDINANCES OF THE CITY OF PARMA HEIGHTS, AND DECLARING AN EMERGENCY 10) RESOLUTION NO. 2026 -61 A RESOLUTION ADOPTING THE TAX BUDGET OF THE CITY OF PARMA HEIGHTS FOR THE FISCAL YEAR OF 2027, DIRECTING THAT THE SAME BE SUBMITTED TO THE FISCAL OFFICE OF CUYAHOGA COUNTY, AND DECLARING AN EMERGENCY ADJOURNMENT City of Parma Heights, 6281 Pearl Road, Parma Heights, OH 44130  ORDINANCE NO. 2026 - 51 AN ORDINANCE REPEALING SECTION 666.17 ENTITLED “OBSCENE OR PROFANE LANGUAGE” OF THE PARMA HEIGHTS CODIFIED ORDINANCES WHEREAS, the Council desires Section 666.17 of the Parma Heights Codified Ordinances be repealed. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Parma Heights, County of Cuyahoga, and State of Ohio: Section 1: That Section 666.17 of the Codified Ordinances is hereby repealed. Section 2: This Council finds and determines that all formal actions of this Council concerning and relating to the adoption of this Ordinance were taken in an open meeting of this Council and that all deliberations of the Council and of any of its Committees comprised of a majority of the members of the Council that resulted in those formal actions were in meetings open to the public, in compliance with the law. Section 3: That this Ordinance shall take effect and be in force from and after the earliest date provided for by law. PASSED: ____________________________ _______________________________ COUNCIL PRESIDENT PRO TEM ATTEST: ____________________________ _______________________________ CLERK OF COUNCIL APPROVED FILED WITH THE MAYOR: _________________________ _______________________________ MAYOR MARIE GALLO EXHIBIT A 666.17 OBSCENE OR PROFANE LANGUAGE. (a) No person shall utter obscene or licentious language, or profanely curse or swear. (Ord. 1972-1. Passed 1-24-72.) (b) Whoever violates this section is guilty of a minor misdemeanor.  ORDINANCE NO. 2026 - 52 AN ORDINANCE AMENDING SECTION 965.11 ENTITLED “SOLID WASTE COLLECTION FEE” OF THE CODIFIED ORDINANCES OF THE CITY OF PARMA HEIGHTS WHEREAS, the collection and disposal of garbage and refuse in the City is a matter which affects the public health, welfare and safety of all City residents; and WHEREAS, the City of Parma Heights wishes to maintain the highest level of public services to City residents; and WHEREAS, the Ohio Revised Code Section 701.05 and Chapter 965 of the Codified Ordinances permit the assessment for the Solid Waste Fee Collection; and WHEREAS, Codified Ordinance Section 965.11 (a) provides that the Council establish a rate for solid waste collection and disposal; and WHEREAS, the Department of Finance has determined the applicable monthly rate for collections and disposal services occurring in 2027 at $20.00 per residence and $19.00 for qualified residents with a Homestead Exemption; which rate is to be levied on the 2026 property tax duplicate, for collection in 2027; and WHEREAS, the Council and Mayor are desirous of amending Section 965.11 of the Codified Ordinances, entitled Solid Waste Collection Fee, to certify to the County Fiscal Officer the costs due to the City for waste collection fees. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Parma Heights, County of Cuyahoga and State of Ohio: Section 1: That Section 965.11 of the Codified Ordinances shall be amended and, as amended, shall henceforth read as shown by edits set forth in Exhibit “A”, which is attached hereto and incorporated by reference. Section 2: Section 965.11 of the Codified Ordinances as it has heretofore existed is hereby repealed effective immediately. Section 3: This Council finds and determines that all formal actions of this Council concerning and relating to the adoption of this Ordinance were taken in an open meeting of this Council and that all deliberations of the Council and of any of its Committees comprised of a majority of the members of the Council that resulted in those formal actions were in meetings open to the public, in compliance with the law. Section 4: That this Ordinance shall take effect and be in force from and after the earliest date provided for by law. PASSED: COUNCIL PRESIDENT PRO TEM ATTEST: _________________________ _____ CLERK OF COUNCIL APPROVED FILED WITH THE MAYOR: ______________________________ MAYOR MARIE GALLO EXHIBIT A 965.11 SOLID WASTE COLLECTION FEE. (a) For solid waste collection and disposal, the City shall charge to each residential dwelling within the municipality a monthly rate to be paid by the owner of said property. Such rate shall be twenty dollars and zero cents ($20.00) per month per residence and nineteen dollars and zero cents ($19.00) per month for qualified residents with Homestead Exemption for collection and disposal services occurring in 2026 2027; which rate is to be levied on the 2025 2026 property tax duplicate for collection in 2026 2027. The Council shall review the monthly rate to be paid by the owner(s) of a residential dwelling within the municipality on a yearly basis to determine the necessity and amount of fee for the ensuing year. (b) A residential dwelling is defined as a dwelling within the corporate limits of the municipality occupied by a person or group of persons, and multiple dwelling units where units have private means of egress. (c) It is a determination of this Council to proceed with the assessing for the cost and expense of waste collection within the City in accordance with R.C. § 701.05 and this section, upon the residential properties, as defined in paragraph (b) herein, in the City of Parma Heights on file in the Office of the County Fiscal Officer for the 2025 2026 tax duplicate and collection in the year 2026 2027. (d) The waste collection fee so assessed through the residential tax duplicate shall be reimbursed to the City by the County Fiscal Officer; and shall be credited to the General Fund of the City of Parma Heights. (e) The Finance Director is authorized and directed to send to the Office of the County Fiscal Officer certified copies of this section in such numbers as are required.  ORDINANCE NO. 2026 - 54 AN ORDINANCE TO APPROVE THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES; TO PROVIDE FOR THE ADOPTION OF NEW MATTER IN THE UPDATED AND REVISED CODIFIED ORDINANCES; TO PROVIDE FOR THE PUBLICATION OF SUCH NEW MATTER; TO REPEAL ORDINANCES AND RESOLUTIONS IN CONFLICT THEREWITH; AND DECLARING AN EMERGENCY WHEREAS, American Legal Publishing has completed its most recent updating and revision of the Codified Ordinances of the City; and WHEREAS, various ordinances of a general and permanent nature that have been passed by Council since the date of the last updating and revision of the Codified Ordinances (June 24, 2024) have been included in the Codified Ordinances of the City; and WHEREAS, certain changes were made in the Codified Ordinances to bring City law into conformity with State law. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Parma Heights, Cuyahoga County, State of Ohio: Section 1: The editing, arrangement and numbering or renumbering of the following ordinances and resolutions and parts of ordinances and resolutions are hereby approved as parts of the various component codes of the Codified Ordinances of the City, so as to conform to the classification and numbering system of the Codified Ordinances: Ord. No. Date C.O. Section 2024-46 9-9-24 719.01, 719.02 2024-49 10-7-24 752.01 - 752.17, 752.19, 752.99 2024-50 10-7-24 1190.01 - 1190.08 2024-51 10-7-24 1185.02 2024-65 1-13-25 1189.02 - 1189.06 2024-66 1-13-25 1191.01 - 1191.04, 1191.06, 1191.07, 1191.09 2024-70 10-15-24 961.01 2024-76 10-15-24 151.01 2024-79 11-25-24 909.01 2024-83 12-9-24 743.01 - 743.08, 743.99 2024-91 3-10-25 769.01 - 769.10 (Repealed), 769.99 (Repealed), 1171.01 2024-92 1-27-25 101.03, 105.02, 107.01, 107.02, 107.05, 107.06, 121.01, 121.04, 121.06, 141.01, 141.02, 141.03, 143.02, 143.04, 143.05, 143.06, 145.01, 145.02, 145.03, 145.07 - 145.11, 147.02 - 147.05, 147.07, 151.01, 151.03, 151.06, 151.07, 151.09, 153.01, 153.02, 153.05, 153.06, 155.01, 155.02, 155.03,  Adopting Ordinance 2 Ord. No. Date C.O. Section 2024-92 (Cont.) 155.06, 158.01, 159.01, 163.01, 163.04, 179.01 - 179.07, 181.03, 181.07, Repeals Ch. 142, Repeals Ch. 157, Repeals 165.01, Repeals Ch. 172 2025-12 3-10-25 751.04 2025-13 3-24-25 1321.04 2025-14 2-24-25 Repeals 636.13 2025-16 4-14-25 145.04 2025-29 6-9-25 630.04, 630.06 2025-30 6-9-25 678.01 2025-37 6-23-25 965.11 2025-43 9-8-25 Repeals 1373.01 2025-44 9-8-25 Repeals 1373.06 2025-60 11-24-25 1195.031 2025-61 11-24-25 Repeals Ch. 769 2025-62 11-24-25 1171.01 2025-65 8-26-25 965.11 2025-71 10-14-25 301.365 2025-72 10-14-25 331.41 2025-73 10-14-25 371.05 2025-74 10-14-25 660.18 2025-82 10-27-25 618.00, 618.03, 618.08, 618.10, 618.13, 618.21, 618.22, 618.24, 618.30 2025-84 12-22-25 179.01 2025-93 12-8-25 619.01 to 619.07 2025-94 12-8-25 660.14 2025-95 12-8-25 703.01, 703.02 Section 2: The following sections of the Codified Ordinances are or contain new matter in the Codified Ordinances and are hereby approved, adopted and enacted: 301.02, 301.04, 301.05, 301.07 to 301.12, 301.15, 301.16, 301.21, 301.22, 301.23, 301.25, 301.28, 301.29, 301.35 to 301.39, 301.41, 301.44, 301.45, 301.50, 301.53, 301.58, 301.60, 301.61, 301.66, 301.67, 301.70, 301.73 to 301.76, 301.82, 301.85, 301.86, 301.87, 301.89, 301.91, 301.93, 301.95, 303.09, 313.02, 313.03, 313.04, 313.10, 313.11, 313.12, 331.165, 331.33, 331.37, 331.40, 333.03, 333.035, 333.08, 333.09, 333.10, 335.04, 335.071, 335.074, 335.09, 335.16, 337.225, 341.01, 345.08, 351.03, 371.01, 371.03, 371.12, 606.06, 606.10, 606.12, 606.165, 606.25, 612.09, 612.10, 620.01, 620.03, 620.04, 620.05, 620.07, 620.08, 620.14, 620.16, 620.19, 630.05, 636.02, 636.17, 636.23, 642.01, 642.02, 642.24, 642.31, 666.01, 666.03, 666.25, 672.18, 698.03, 698.05 Section 3: The following sections are hereby repealed. 371.11 Motorized wheelchair operators. (Repealed) 608.05 Failure to perform viability testing. (Repealed) 620.02 Trafficking in controlled substances; gift of marihuana. (Repealed) 666.24 Nonconsensual dissemination of private sexual images. (Repealed) 3 Adopting Ordinance Section 4: Pursuant to R.C. § 731.23 and Sections 123.01 et seq. of the Codified Ordinances, the Clerk of Council shall post a copy of this ordinance, together with a summary of the new matter contained in the 2026 Replacement Pages hereby approved, adopted and enacted, a copy of which summary is attached hereto as Exhibit “A”, for a period of not less than fifteen days in the two public places as required by law. Section 5: All ordinances and resolutions or parts thereof which are in conflict or inconsistent with any provision of the new matter adopted in Section 2 of this ordinance are hereby repealed as of the effective date of this ordinance except as follows: (a) The enactment of such sections shall not be construed to affect a right or liability accrued or incurred under any legislative provision prior to the effective date of such enactment, or an action or proceeding for the enforcement of such right or liability. Such enactment shall not be construed to relieve any person from punishment for an act committed in violation of any such legislative provision, nor to affect an indictment or prosecution therefor. For such purposes, any such legislative provision shall continue in full force notwithstanding its repeal for the purpose of revision and recodification. (b) The repeal provided above shall not affect any legislation enacted subsequent to December 8, 2025. Section 6: Council finds and determines that all formal action of this Council concerning and relating to the adoption of this Ordinance were taken in an open meeting of this Council and that all deliberations of the Council and of any of its Committees comprised of a majority of the members of the Council that resulted in those formal actions were in meetings open to the public, in compliance with the law. Section 7: This Ordinance is hereby declared to be an emergency measure immediately necessary for the public peace, health and safety of the City, and for the further reason that it is immediately necessary to have an up-to-date codification of the legislation of the City, one which is consistent with the latest State law, where and as required by the Ohio Constitution, with which to administer the affairs of the City, ensure law and order, and avoid practical and legal entanglements; wherefore, this Ordinance, together with the 2026 Replacement Pages, shall be in full force and effect immediately upon its passage and approval by the Mayor. PASSED: _____________________ ____________________________ COUNCIL PRESIDENT PRO TEM ATTEST: ______________________ ____________________________ APPROVED FILED WITH THE MAYOR: _________________ ____________________________ MAYOR MARIE GALLO  EXHIBIT A SUMMARY OF NEW MATTER CONTAINED IN THE 2026 REPLACEMENT PAGES FOR THE CODIFIED ORDINANCES OF PARMA HEIGHTS, OHIO New matter in the Codified Ordinances of Parma Heights, Ohio, as contained in the 2026 Replacement Pages therefor, includes legislation regarding: Section New or amended matter regarding: 301.02 Definition of agricultural tractor; multi-wheel agricultural tractor; traction engine. 301.04 Definition of arterial street or highway. 301.05 Definition of autocycle. 301.07 Definition of bicycle. 301.08 Definition of bicycle box. 301.09 Definition of bicycle lane. 301.10 Definition of bicycle signal face. 301.11 Definition of bicycle signal sign. 301.12 Definition of bikeway. 301.15 Definition of busway. 301.16 Definition of cab-enclosed motorcycle. 301.21 Definition of crosswalk. 301.22 Definition of driver or operator. 301.23 Definition of driveway. 301.25 Definition of electronic. 301.28 Definition of expressway. 301.29 Definition of farm machinery. 301.35 Definition of highway traffic signal. 301.36 Definition of hybrid beacon. 301.37 Definition of in-road warning light. 301.38 Definition of intersection. 301.39 Definition of lane-use control signal. 301.41 Definition of limited driving privileges. 301.44 Definition of median. 301.45 Definition of motor-driven cycle or motor scooter. 301.50 Definition of natural resources officer. 301.53 Definition of parked or parking. 301.58 Definition of predicate motor vehicle or traffic offense. 301.60 Definition of public safety vehicle. 301.61 Definition of railroad. 301.66 Definition of road service vehicle. 301.67 Definition of roadway. Section New or amended matter regarding: 301.70 Definition of safety zone. 301.73 Definition of shared-use path. 301.74 Definition of shoulder. 301.75 Definition of sidewalk. 301.76 Definition of site roadway open to public travel. 301.82 Definition of stop intersection. 301.85 Definition of through highway. 301.86 Definition of thruway. 301.87 Definition of traffic. 301.89 Definition of traffic control signal. 301.91 Definition of train. 301.93 Definition of two-stage bicycle turn box. 301.95 Definition of urban district. 301.96 Vehicle. 301.97 Waste collection vehicle. 301.98 Wildlife officer. 303.09 Willfully leaving vehicles on private or public property. 313.02 Through streets; stop and yield right-of-way signs. 313.03 Traffic control signal terms and lights. 313.04 Signal to control land direction of travel. 313.10 Unauthorized possession or sale of devices. 313.11 Signal preemption devices; prohibitions. 313.12 Bicycle symbol signal indications. 331.165 Intersections at which traffic control signals fail or malfunction. 331.33 Obstructing intersections, crosswalks or grade crossings. 331.37 Stopping for school bus; actuating visual signals; discharging children. 331.40 Improper use of noncommercial motor vehicles. 333.03 Maximum speed limits; assured clear distance ahead. 333.035 Speed limits on private roads. 333.08 Street racing, stunt driving and street takeovers prohibited. 333.09 Vehicular homicide; vehicular manslaughter; vehicular assault. 333.10 Operation restricted for mini-trucks and low-speed, under-speed, or utility vehicles. 335.04 Certain acts prohibited. 335.071 Driving under suspension or in violation of license restriction. 335.074 Driving under financial responsibility law suspension or cancellation; driving under a nonpayment of judgment suspension. 335.09 Display of license plates; registration; obstructions. 335.16 Removal of vehicles after accidents. 337.225 Tinted glass; materials on glass. 341.01 Definitions pertaining to drivers of commercial vehicles. 345.08 Registration of vehicles. 351.03 Prohibited standing or parking places. 371.01 Duties of pedestrians and drivers at crosswalks. 371.03 Right-of-way yielded by pedestrian; crossing roadways. 371.11 Motorized wheelchair operators. (Repealed) 371.12 Operation of electric personal assistive mobility devices. 606.06 Limitation on criminal prosecutions. 606.10 Falsification. Section New or amended matter regarding: 606.12 Failure to report a crime or death. 606.165 Compliance with lawful order of police officer; fleeing. 606.25 Disposition of unclaimed or forfeited property held by Police Department. 608.05 Failure to perform viability testing. (Repealed) 612.09 Hours of sale or consumption. 612.10 Illegal conveyance of weapons, drugs or other prohibited items onto grounds of detention facility or institution. 620.01 Definitions pertaining to drugs. 620.02 Trafficking in controlled substances; gift of marihuana. (Repealed) 620.03 Drug possession offenses. 620.04 Possession of drug abuse instruments. 620.05 Permitting drug abuse. 620.07 Abusing harmful intoxicants. 620.08 Illegal dispensing of drug samples. 620.14 Use or possession of paraphernalia. 620.16 Pseudoephedrine sales. 620.19 Adult use cannabis control. 630.05 Illegal distribution of cigarettes, other tobacco products, or alternative nicotine products; transaction scans. 636.02 Assault. 636.17 Domestic violence. 636.23 Illegal use of a tracking device or application. 642.01 Definitions pertaining to offenses relating to property. 642.02 Theft. 642.24 Assaulting police dog or horse or assistance dog. 642.31 Medicaid fraud. 666.01 Definitions pertaining to sex related offenses. 666.03 Sexual imposition. 666.24 Nonconsensual dissemination of private sexual images. (Repealed) 666.25 Grooming. 672.18 Possession of a revoked or suspended license; additional restrictions; posting of signs prohibiting possession. 698.03 Imposing sentence for misdemeanor. 698.05 Multiple sentences.  RESOLUTION NO. 2026 –55 A RESOLUTION AUTHORIZING THE CITY OF PARMA HEIGHTS TO FILE AN APPLICATION THROUGH THE OHIO DEPARTMENT OF NATURAL RESOURCES NATUREWORKS GRANT PROGRAM FOR THE CASSIDY PATIO PROJECT, AND DECLARING AN EMERGENCY WHEREAS, the State of Ohio, through the Ohio Department of Natural Resources, administers financial assistance for public recreation purposes, through the State of Ohio NatureWorks Grant Program; and WHEREAS, the City of Parma Heights has developed the Cassidy Patio Project; and WHEREAS, the City of Parma Heights desires financial assistance for the Cassidy Patio Project under the NatureWorks Grant Program. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Parma Heights, County of Cuyahoga and State of Ohio: Section 1. That the City of Parma Heights approves filing the application for financial assistance. Section 2. That the Administration is hereby authorized and directed to execute and file an application with the Ohio Department of Natural Resources on behalf of the City of Parma Heights for funding under the NatureWorks Grant Program to provide up to one hundred fifty thousand dollars ($150,000) in grant funding for the Cassidy Patio Project, and is hereby further authorized to provide all information and documentation required to become eligible for possible funding assistance. Section 3. That the City of Parma Heights does agree to obligate at least twenty-five percent (25%) matching funds required to satisfactorily complete the proposed project and to become eligible for reimbursement under the terms of the NatureWorks Grant Program. Section 4: That Council hereby authorizes the Administration to execute any further documents and/or contracts and to take any further actions necessary to apply for, receive, and/or expend grant awards. Section 5: That Council hereby authorizes, in the event of a grant award, the Administration to receive and expend funds in furtherance of this project, in manners consistent with the Charter and Codified Ordinances of the City of Parma Heights, and as outlined in the NatureWorks Grant Program. Section 6. This Council finds and determines that all formal actions of this Council concerning and relating to the adoption of this Resolution were taken in an open meeting of this Council and that all deliberations of the Council and of any of its Committees comprised of a majority of the members of the Council that resulted in those formal actions were in meetings open to the public, in compliance with the law. Section 7: The Clerk of Council is hereby directed to certify a hand-signed copy of this Resolution to be included with the NatureWorks Grant application. Section 8: This Resolution is declared to be an emergency measure necessary for the immediate preservation of the public health, safety, and welfare of the City, and for further reason that the prompt execution of such application is required in order to comply with grant deadlines; wherefore, this Resolution shall be in full force and effect immediately after its passage by Council and approval by the Mayor. PASSED: ______________________ ________________________________ PRESIDENT OF COUNCIL ATTEST: ______________________ ________________________________ CLERK OF COUNCIL APPROVED FILED WITH THE MAYOR: __________________ ________________________________ MAYOR MARIE GALLO  RESOLUTION NO. 2026 –56 A RESOLUTION AUTHORIZING THE ADMINISTRATION TO SUBMIT AN APPLICATION FOR THE CUYAHOGA COUNTY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 2027 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AND DECLARING AN EMERGENCY WHEREAS, the City has previously executed a cooperative agreement with Cuyahoga County, which agreement provided for participation by the City in the County's Community Development Block Grant Program; and WHEREAS, the City has been advised by the Department of Housing and Community Development that it can participate in a competitive application process for the awarding of Community Development Block Grant Funds; and WHEREAS, the City can submit one or more projects as part of its application, and is eligible to receive and apply for a maximum of $150,000 of grant funds. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Parma Heights, County of Cuyahoga and State of Ohio: Section 1: The following project is designated as an approved project for use in the application to be submitted by the City of Parma Heights in response to the competitive application process undertaken by the Department of Housing and Community Development: BROOKMERE DRIVE REHAB This project shall be submitted to the Department of Housing and Community Development no later than July 13, 2026. Section 2: That this Council hereby respectfully requests that the Department of Housing and Community Development give favorable consideration to the City of Parma Heights’s 2027 Community Development Block Grant Program. Section 3: That Council hereby authorizes any obligation of funds required to satisfactorily complete the proposed project under the terms and conditions of the Cuyahoga County Department of Housing and Community Development 2027 Community Development Block Grant Program, including any matching funds. Section 4: That Council hereby authorizes the Administration to execute any further documents and/or contracts and to take any further actions necessary to apply for, receive, and/or expend grant awards. Section 5: That Council hereby authorizes, in the event of a grant award, the Administration to receive and expend funds in furtherance of this project, in manners consistent with the Charter and Codified Ordinances of the City of Parma Heights, and as outlined in the Cuyahoga County Department of Housing and Community Development 2027 Community Development Block Grant Program. Section 6: This Council finds and determines that all formal actions of this Council concerning and relating to the adoption of this Resolution were taken in an open meeting of this Council and that all deliberations of the Council and of any of its Committees comprised of a majority of the members of the Council that resulted in those formal actions were in meetings open to the public, in compliance with the law. Section 7: This Council declares this resolution to be an emergency measure for the immediate preservation of the public health, peace, and safety of this Municipality, and for the further reason that it is necessary to expedite the submission of this Community Development Block Grant Program application to meet the application deadline of July 13, 2026; wherefore, it shall be in full force and effect immediately after its passage by Council and approval of the Mayor. PASSED: ____________________________ _______________________________ PRESIDENT OF COUNCIL ATTEST: ____________________________ _______________________________ CLERK OF COUNCIL APPROVED FILED WITH THE MAYOR: _________________________ _______________________________ MAYOR MARIE GALLO  RESOLUTION NO. 2026 -57 A RESOLUTION EXTENDING THE TEMPORARY MORATORIUM ENACTED BY RESOLUTION 2025-18 AND EXTENDED BY RESOLUTIONS 2025-68 AND 2026-7, FOR AN ADDITIONAL SIX (6) MONTHS, PROHIBITING THE ACCEPTANCE OF APPLICATIONS FOR, AND THE GRANTING OF, ZONING APPROVALS, BUILDING PERMITS, AND CERTIFICATES OF OCCUPANCY FOR ANY BUILDING, STRUCTURE, USE, OR CHANGE OF USE THAT WOULD BE ASSOCIATED WITH THE DISTRIBUTION OR SALE OF VAPING/E-CIGARETTE PRODUCTS AND PROHIBITING THE COMMENCEMENT OF THE ACTUAL DISTRIBUTION AND SALE OF SUCH PRODUCTS WITHIN THE CITY OF PARMA HEIGHTS, AND DECLARING AN EMERGENCY WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact planning and zoning laws that are for the health, safety, welfare, comfort, and peace of the citizens of the municipality, including restricting areas used for business and trade and regulating certain business uses; and WHEREAS, on March 24, 2025, this Council adopted Resolution 2025-18 establishing a six (6) month moratorium prohibiting the acceptance of applications for, and the granting of, zoning approvals, building permits, and certificates of occupancy for any building, structure, use, or change of use that would be associated with the distribution or sale of vaping/e-cigarette products and prohibiting the commencement of the actual distribution and sale of such products within the City of Parma Heights. WHEREAS, on September 8, 2025, this Council adopted Resolution 2025-68, and on February 23, 2026, this Council adopted Resolution 2026-7, each extending the foregoing moratorium by six months; and WHEREAS, the Administration and Council require additional time to further review applicable laws in order to consider reasonable regulations to protect the health, welfare, safety, peace, and comfort for the citizens of the City of Parma Heights; and WHEREAS, this Council desires to extend the moratorium, for a temporary period of time, not to exceed six (6) months from the date of passage of this Resolution, prohibiting the acceptance of applications for, and the granting of, zoning approvals, building permits, and certificates of occupancy for any building, structure, use, or change of use that would be associated with the distribution or sale of vaping/e-cigarette products and prohibiting the commencement of the actual distribution and sale of such products within the City of Parma Heights. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Parma Heights, County of Cuyahoga and State of Ohio: Section 1: That this Council hereby approves an additional extension for a period of six months from the date of passage of this Resolution of the temporary moratorium established by Resolution 2025- 18 and extended by Resolutions 2025-68 and 2026-7, prohibiting the acceptance of any application for, or the granting of, any zoning approvals, building permits, and certificates of occupancy for any building, structure, use, expansion of use, or change of use that would be associated with the distribution or sale of vaping/e-cigarette products and prohibiting the actual distribution or sale of such products in the City of Parma Heights, Ohio.  Section 2: This moratorium shall be in effect for an additional period not to exceed six (6) months from the date of passage of this Resolution or until Council enacts an Ordinance or Resolution revoking this moratorium, whichever shall occur sooner. Section 3: This moratorium shall specifically not apply to the acceptance of any application for, or the granting of, any zoning approvals, building permits, conditional use permits, marijuana dispensary licenses, and/or certificates of occupancy for any building, structure, use, expansion of use, and/or change of use that would be associated with marijuana dispensaries with applications for licenses, licenses, and/or provisional licenses under O.R.C. Chapters 3780 and/or 3796, within the City of Parma Heights, Ohio, as Council has already enacted regulations for such uses. Section 4: This Council finds and determines that all formal actions of this Council concerning and relating to the adoption of this Resolution were taken in an open meeting of this Council and that all deliberations of the Council and of any of its Committees comprised of a majority of the members of the Council that resulted in those formal actions were in meetings open to the public, in compliance with the law. Section 5: This Council declares this Resolution to be an emergency measure for the immediate preservation of the public health, peace, and safety of this Municipality, and for the further reason that an extension of the moratorium is necessary to enable the study and regulation of businesses engaging in the distribution or sale of vaping/e-cigarette products; wherefore, this Resolution shall be in full force and effect immediately after its passage by Council and approval of the Mayor. PASSED: ____________________________ _______________________________ PRESIDENT OF COUNCIL ATTEST: ____________________________ _______________________________ CLERK OF COUNCIL APPROVED FILED WITH THE MAYOR: _________________________ _______________________________ MAYOR MARIE GALLO  ORDINANCE NO. 2026 - 58 AN ORDINANCE AMENDING SECTION 1131.02 ENTITLED “DEFINITIONS” OF THE CODIFIED ORDINANCES OF THE CITY OF PARMA HEIGHTS, AND DECLARING AN EMERGENCY WHEREAS, the types of products sold by the smoking industry are ever-changing in form and addictiveness; and WHEREAS, there is an over-concentration of smoking businesses in the City; and WHEREAS, in order to protect the health, welfare, safety, peace, and comfort for the citizens of the City of Parma Heights, the City intends to reasonably regulate the saturation of smoke shops. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Parma Heights, County of Cuyahoga, and State of Ohio: Section 1: That Section 1131.02 of the Codified Ordinances shall be amended and, as amended, shall henceforth read as shown by edits set forth in Exhibit “A”, which are attached hereto and incorporated by reference. Section 2: This Council finds and determines that all formal actions of this Council concerning and relating to the adoption of this Ordinance were taken in an open meeting of this Council and that all deliberations of the Council and any of its Committees comprised of a majority of the members of the Council that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 3: This Council declares this Ordinance to be an emergency measure for the immediate preservation of the public health, peace, and safety of this Municipality, and for further reason that it is necessary to regulate the saturation of smoke shops within the City prior to the expiration of the City’s moratorium; wherefore, this Ordinance shall be in full force and effect immediately after its passage by Council and approval of the Mayor. PASSED: ____________________________ _______________________________ PRESIDENT OF COUNCIL ATTEST: ____________________________ _______________________________ CLERK OF COUNCIL APPROVED FILED WITH THE MAYOR: _________________________ _______________________________ MAYOR MARIE GALLO EXHIBIT A 1131.02 DEFINITIONS. For the purpose of the Planning and Zoning Code, the following terms shall have the meaning herein indicated. Words, phrases, and terms not defined in this chapter or other relevant sections of the Parma Heights Codified Ordinance shall be given their usual and customary meanings, except where the context clearly indicates a different meaning. (a) "Animal grooming" means an establishment where the primary service provided is the cleaning and grooming of domestic pets including bathing, brushing, combing, nail and hair trimming, etc., and where there are no boarding facilities. The facility may also provide services such as obedience classes, training, or behavioral counseling. (b) "Artisan production/fabrication" means an establishment or business where an artist, artisan, or craftsperson teaches, makes, or fabricates crafts or products by hand or with minimal automation and may include direct sales to consumers. This definition includes uses such as small-scale fabrication but is not limited to, manufacturing, and other industrial uses and processes such as welding and sculpting. (c) "Artist work or sales space" means a facility that includes working, teaching and/or selling space for one or more artists, artisans, or musicians. (d) "Assisted living facility" means residential accommodations designed for and intended to be occupied by individuals who require supervision, assistance and health care services or who are otherwise dependent on the services of others by reason of age or physical or mental impairment. (e) "Body piercing" means the piercing of any part of the body by someone other than a physician licensed under R.C. Chapter 4731, who utilizes a needle or other instrument for the purpose of inserting an object into the body for non-medical purposes; body piercing includes ear piercing except when the ear piercing procedure is performed on the ear with an ear piercing gun. (f) "Brewpub" means a restaurant with an onsite micro production facility that sells 25 percent or more of its product on site. (g) "Business services" means any activity that renders services to other commercial enterprises. (h) "Clinic" means a building where human patients are admitted for examination and treatment by a group of physicians or dentists practicing medicine together, but who are not lodged overnight. The term clinic does not include a methadone treatment clinic or facility or substance abuse treatment facility as per the Parma Heights Zoning Ordinance. (i) "Cultural institution" means a public or private facility that provides for the display, performance, or enjoyment of heritage, history or arts. This includes, but is not limited to, facilities that preserve scientific or artistic objects, including a museum, art gallery, aquarium or planetarium, but does not include movie theaters. (j) "Day care center" means a commercial facility that provides individuals with care for less than 24 hours per day including, but is not limited to a day nursery, nursery school, pre school, adult day care center, or other supplemental care facility. This term does not include a family day care home, or care that is provided in a residence. (k) "Drive thru facility" means a building, portion of a building or free-standing structure from which business is transacted directly with customers in a motor vehicle during such business transactions. The term drive thru shall also include a drive up or drive in facility, but shall not include a car wash, gasoline station or motor vehicle service station. (l) "Dwelling unit" means one or more rooms comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one household. (m) "Dwelling, attached single-family" means one building with three or more dwelling units that are structurally attached and adjacent to one another, each dwelling unit being separated from the adjoining unit or units by a wall without openings or offset extending from the basement floor to the roof. Each such building shall be separated from any other buildings by space on all sides, and have elements such as individual ground floor entrances from the outside, individual utility services and which may contain attached garages. (n) "Dwelling, multiple-family" means a structure designed and used exclusively for residential purposes with three or more dwelling units where each dwelling unit has an individual entrance to the outdoors or to a common hallway. (o) "Dwelling, single-family" means a dwelling entirely detached and independent from any other structure, arranged, intended or designed to be occupied by a single family. (p) "Dwelling, two-family" means a detached building designated for, or converted or occupied exclusively by, two households, living independently of each other, with cooking and toilet facilities in each dwelling unit. (q) "Dwelling" means any building or portion thereof used exclusively for permanent residential purposes, including single-family, two-family, and multi-family dwellings, but not including a hotel, motel or other transient lodging facility (r) "Family" means one individual, any number of individuals related by blood, adoption or marriage plus no more than three unrelated individuals, or not more than four unrelated individuals occupying a dwelling unit as their primary place of residence and living as a single housekeeping unit, but not including groups occupying a hotel, motel or other transient lodging facility. (s) "Group home, large" means a licensed residential facility that complies with the regulations of either R.C. § 5119.341(B) for residential facilities for 6 to 16 persons with mental health issues or R.C. § 5123.19(N) residential facilities for 9 to 16 persons with developmental disabilities. (t) "Laboratory and research facility" means a building or group of buildings for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. (u) "Light industrial" means the assembly, processing, or similar uses which are entirely conducted indoors and are not disruptive of, or incompatible with, surrounding facilities. Light manufacturing and production does not include industrial processing from raw materials. (v) "Live/work unit" means a building or space within a building used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work. (w) "Medical or dental offices or clinic" means a licensed facility for examining and treating patients with medical problems or for oral health on an out-patient basis. A medical clinic is not a methadone treatment clinic or facility or medication maintenance facility or dispensary. (x) "Medication maintenance facility or dispensary" means a licensed facility that provides out-patient, nonresidential counseling of patients and where any form of prescription medication is dispensed to individuals, by a doctor, for use or consumption on-site as opposed to a pharmacy that dispenses prescription medication for use at home. Such use may include, but is not limited to, methadone treatment facilities licensed by the State of Ohio. Such use shall not include a medical marijuana dispensary or programs consisting solely of support group activities without treatment by licensed health practitioner, such as Alcoholics Anonymous, Narcotics Anonymous and similar programs. (y) "Micro-production facility, including micro-brewery, micro-distillery, micro-winery" means a small scale facility that produces a limited amount of a 'craft' or 'artisan' alcoholic beverage, depending on the type of beverage produced, which possesses the appropriate liquor permit from the State of Ohio, and which may sell to the public by one or more of the following methods: the traditional three-tier system (producer to wholesaler to retailer to consumer); the two-tier system (producer acting as wholesaler to retailer to consumer); and, directly to the consumer through carry-outs and/or on-site tasting-room or restaurant sales, depending on the zoning district in which the use is located: (1) "Micro-brewery" means a facility that produces less than 15,000 barrels (17,600 hectoliters) of beer per year (as defined by the Brewer's Association). (2) "Micro-distillery" means a facility that produces less than 50,000 proof gallons per year (as defined by the American Distilling Institute). (3) "Micro-winery" means a facility that produces less than 10,000 cases of wine per year, where all aspects of production occur within the footprint of the structure.  (z) "Mixed use building" means a building that contains at least one floor devoted to allowed nonresidential uses and at least one devoted to allowed residential uses. (aa) "Permanent cosmetics" means the same as defined in Chapter 773. (bb) "Restaurant" means an establishment that sells food or beverages in a ready-to- consume state, in individual servings, that the customer consumes while seated at tables or counters located in or immediately adjacent to the building in which the use is located, and that may include carry-out service. This includes any portion of an establishment used for seating for the consumption of food on the premises that sells prepared food or beverages, such as a bakery, delicatessen, cafes, and coffee shops, but does not include smoking lounge. (cc) "Retail establishment" means an establishment engaged in the selling of goods or merchandise to the general public for personal or household consumption off-site, which is open to the general public during regular business hours and which has display areas that are designed and laid out to attract the general public, but does not include the sale of marijuana products or smoking lounge. In determining a use to be a retail use, the Planning Commission may consider the proportion of display area vs. storage area and the proportion of the building facade devoted to display windows. (dd) "Setback line" means the line created by the setback established by this Code, generally parallel with and measured from the applicable lot line, as noted herein: the front setback shall be measured from the street right-of-way line, the side setback shall be measured from the side lot line and the rear setback shall be measured from the rear property line. (ee) "Setback" means the required distance between any structure or parking area and the lot lines of the lot or parcel on which the structure or parking area is located. (ff) "Smoking lounge" means a business establishment that is dedicated, in whole or in part, to facilitate the on-site consumption of tobacco products, electronic vaping devices, or other nicotine-enriched substances, including but not limited to establishments known variously as cigar lounges, hookah lounges, tobacco clubs, tobacco bars, etc. Any smoking lounge that also constitutes a smoke shop shall be subject to all provisions of the Codified Ordinances that regulate smoke shops. (gg) “Smoke shop” means any retail establishment at which twenty percent (20%) or more of floor, shelf, and/or display area(s), individually or in the aggregate, is used for the sale of the following types of products: (1) Any product containing, made of, derived from, or containing any form of CBD, Kratom, and/or Hemp-derived or synthetic cannabinoid, including, but not limited to, Delta-8 THC, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by any other means; (2) Any product containing, made of, or derived from tobacco or containing any form of nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; (3) Any Electronic Smoking Device as defined in R.C. 2927.02 and any substance intended to be aerosolized or vaporized during the use of the device, whether the substance contains any form of tobacco, nicotine, CBD, Kratom, and/or Hemp-derived or synthetic cannabinoids; or (4) Any component, part, or accessory of (1), (2), or (3) above, whether any of these contains tobacco, nicotine, CBD, Kratom, and/or Hemp-derived or synthetic cannabinoids, including, but not limited to, filters, rolling papers, blunt or hemp wraps, or pipes. No state-licensed medical or adult-use marijuana operator, cultivator, processor, dispensary, laboratory, or entity as defined in and regulated under Chapters 3780 and 3796 of the Ohio Revised Code shall constitute a Smoke Shop for purposes of this section. Additionally, the type of products set forth in this section do not include any product that is a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. (hh gg) "Storage, self-service" means a building that is partitioned into contiguous, individual, securely subdivided space for lease to individual customers for storage of personal property, which has independent access and locks under the control of the tenant, and designed to primarily accommodate interior access to individual space via a common entry. (ii hh) "Storage, self-service mini-" means a facility that consists of individual, securely enclosed units attached side-by-side, available for lease to individual customers for storage of personal property, in which each individual space has direct exterior drive-up access to the space that accommodates only passenger vehicles and two-axle non-commercial vehicles. (jj ii) "Tattoo establishment" means the same as defined in Chapter 773. (kk jj) "Use, accessory" means a subordinate use or building customarily incident to and located on the same lot with the main use or building. (ll kk) "Use, conditional" means a use permitted within a district only with a conditional use permit approved according to Chapter 1135. (mm ll) "Use, nonconforming" means one that does not comply with the regulations of the use district in which it is situated. (nn mm) "Use, principal" means the principal use to which the premises are devoted and the primary purpose for which the premises exist. (oo nn) "Vehicle repair, restoration" means a building or portion of a building in which major repairs are conducted. Major repairs include structural repair, rebuilding or reconditioning of motor vehicles, or parts thereof, including collision service; spray painting; body, fender, clutch, transmission, differential, axle, spring, and frame repairs; major overhauling of engines requiring the removal of the engine cylinder, head or crankcase pan; repairs to radiators requiring the removal thereof; complete recapping or retreading of tires; or similar activities. (pp oo) "Vehicle sales agency" means any establishment engaged in activities such as displaying, offering for sale and selling new motor vehicles at retail, and which may also include operating a service facility to perform repairs and maintenance on motor vehicles, offering for sale and selling motor vehicle parts at retail, offering for sale and selling used motor vehicles at retail, but only as incidental to the sale of new motor vehicles and conducting all other acts that are usual and customary to the operation of a new motor vehicle dealership. For the purposes of this Code, the terms used herein not specifically defined in this chapter shall be defined as in R.C. Chapter 4517 and successors. (qq pp) "Vehicle service station" means a building, part of a building, structure or space which is used for the retail sale of lubricants and motor vehicle accessories, the routine maintenance and service and the making of repairs to motor vehicles, except that repairs described as major repairs in "garage, repair" shall not be permitted. (rr qq) "Yard, front" means an open unoccupied space on the same lot with a building between the front line of the building and the front line of the lot. (ss rr) "Yard, rear" means an open unoccupied space on the same lot with a building between the rear line of the building and the rear line of the lot. (tt ss) "Yard, side" means an open unoccupied space on the same lot with a building situated between the building and the side line of the lot and extending from the street line to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line. (Ord. 2021-1. Passed 1-25-21; Ord. 2021-22. Passed 7-7-21.)  ORDINANCE NO. 2026 -59 AN ORDINANCE AMENDING SECTION 1185.02 ENTITLED “PERMITTED USES” OF THE PARMA HEIGHTS CODIFIED ORDINANCES, AND DECLARING AN EMERGENCY WHEREAS, the types of products sold by the smoking industry are ever-changing in form and addictiveness; and WHEREAS, there is an over-concentration of smoking businesses in the City; and WHEREAS, in order to protect the health, welfare, safety, peace, and comfort for the citizens of the City of Parma Heights, the City intends to reasonably regulate the saturation of smoke shops. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Parma Heights, County of Cuyahoga, and State of Ohio: Section 1: That Section 1185.02 of the Codified Ordinances shall be amended and, as amended, shall henceforth read as shown by edits set forth in Exhibit “A”, which are attached hereto and incorporated by reference. Section 2: This Council finds and determines that all formal actions of this Council concerning and relating to the adoption of this Ordinance were taken in an open meeting of this Council and that all deliberations of the Council and any of its Committees comprised of a majority of the members of the Council that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 3: This Council declares this Ordinance to be an emergency measure for the immediate preservation of the public health, peace, and safety of this Municipality, and for further reason that it is necessary to regulate the saturation of smoke shops within the City prior to the expiration of the City’s moratorium; wherefore, this Ordinance shall be in full force and effect immediately after its passage by Council and approval of the Mayor. PASSED: ____________________________ _______________________________ PRESIDENT OF COUNCIL ATTEST: ____________________________ _______________________________ CLERK OF COUNCIL APPROVED FILED WITH THE MAYOR: _________________________ _______________________________ MAYOR MARIE GALLO EXHIBIT A 1185.02 PERMITTED USES. No building, structure, premises, or portion thereof, shall be used, arranged to be used, or designed to be used, except as established below. (a) Permitted Use Table Summary. Table 1185.02 sets forth the uses allowed in the Mixed-Use Districts. The abbreviations used in the table are described as follows: (1) Uses permitted by right. A "P" in a cell indicates that the use is allowed by right as a principal use in the respective district provided that all requirements of other City ordinances and this Planning and Zoning Code have been met. (2) Conditional uses. A "C" in a cell indicates that the use is regulated as a conditional use. The use may be permitted in the respective district if approved through the conditional use review process in compliance with Chapter 1135, provided that all standards for specific uses found in Chapter 1195, Supplemental Use Requirements, or elsewhere as referenced herein and other relevant City ordinances and this Planning and Zoning Code have been met. (3) Accessory uses. An "A" in a cell indicates that the use is a permitted accessory use, provided it is clearly incidental and subordinate to a permitted principal or conditional use listed in Table 1185.02 and that the requirements of all other City ordinances and this Planning and Zoning Code have been met. (4) Uses not permitted. A. An "N" in a cell indicates that a use is not permitted in the respective district. B. Any use not specifically listed in Table 1185.02 shall be a prohibited use in these zoning districts and shall only be permitted upon amendment of this Code and/or the Zoning Map as provided in Chapter 1163 or approval as a similar use as provided in Section 1135.10. (b) Compliance with Standards. Although a use may be indicated as a permitted principal, conditional or accessory use in a particular district, it shall not be approved on a lot unless it can be located thereon in full compliance with all of the standards and other regulations of this Code applicable to the specific use and lot in question, including but not limited to any supplemental use- specific standards referenced in Table 1135.02. (c) Indoor/Outdoor Operations. All permitted uses in the Mixed Use Districts shall be conducted within a fully enclosed building unless otherwise expressly authorized. This requirement does not apply to accessory off-street parking and loading areas.  Table 1185.02 Permitted Uses TC-MUD W130-MUD N-MUD Use-Specific Town Center W 130th St. Neighborhood Regulations Mixed-Use Mixed-Use Mixed-Use Residential: Artist Live/Work units, above ground floor P P P 1195.03(a) Artist Live/Work units, ground floor C C P 1195.03(a) Dwelling Units, above nonresidential ground floor P P P Group Home, Large C C C 1195.03(b) Multi-Family Building C C P 1195.03(c) Skilled Nursing and Rehabilitation Facility C C C 1195.03(d) Town House /Attached Single-Family Dwellings C C P 1195.03(e) Public and Civic: Cultural Institution, Libraries, Religious Assembly P P P Day Care Centers, child and adult P P P Hospitals N C N 1195.04(a) Parks, Other Public Open Space P P P Public Safety Services P P P Recreational Facilities, indoor, public or private N C C 1195.04(b) Schools, colleges, trade schools C C C 1195.04(c) Schools, primary and secondary C C C 1195.04(d) Commercial: Animal Services, including veterinary clinics, sales and P P P grooming (but not including boarding kennel) Artist Work or Sales Space, Artisan P P P production/fabrication Brew pubs and wine bars P P C[1] 1195.05(a) Business services P P P Drive-Through Facility C C NC 1195.05(b) Entertainment, indoor, in association with a permitted A A C 1195.05(c) use Financial Services P P P[1] Funeral Home P P P Marijuana Dispensary C C C Chaps 1190, 752 Medical/Dental offices or clinic P P P[1] Medication Maintenance Facility or Dispensary N C N 1195.05(f) Micro production facility (Micro-brewery, Micro- C C N 1195.05(a) distillery, Micro-winery) Offices, administrative, general, professional P P P[1] Outdoor Dining in association with a restaurant C C C 1195.05(g) Restaurants P P P[1] Personal Service, including health clubs and gyms P P P[1] Repair Service, consumer P P P[1] Permanent Cosmetics Services in association with a C C N 1195.05(h) permitted personal service establishment Smoke Shops P P P 1195.05(j) Tattoo or Body Piercing Services N C N Chap 733 Retail Sales, general P P P[1] Laboratories and Research Facilities C C N 1195.05(d) Light Industrial N C N 1195.05(d) Limited Outdoor Operations N C N 1195.05(e) PROPOSED Chap 1185 Mixed Use 1/11/2 Districts 1/25/ 21 Table 1185.02 Permitted Uses TC-MUD W130-MUD N-MUD Use- Town Center W 130th St. Neighborhood Specifi Mixed-Use Mixed-Use Mixed-Use c Regula tions Automotive Uses: Car wash C C C 1195.06(a) Gas station C C C 1195.06(b) Parking, Commercial Garage C C C 1195.06(c) Vehicle repair, restoration C C C 1195.06(d) Vehicle sales, New car sales and associated service C C C 1195.06(e) Vehicle service C C C 1195.06(f) Other Accessory Uses and Structures Fences and Walls A A A Landscape features (including gardens, fountains, A A A sidewalks, and lawns) and ornamental structures Maintenance, storage, utility and waste disposal A A A facilities in enclosed structure Off-street parking and loading A A A Outdoor recreational structures, accessory to a day A A A care center Signage A A A Temporary transient outdoor business/sales[2] A A A 1195.07 P = permitted by right; C = conditional use; A = accessory use; N = not allowed [1] Individual business establishments are limited to a maximum of 5,000 square feet in area. Larger establishments or expansions beyond 5,000 square feet require conditional use approval. [2] Permitted only upon obtaining authorization from the Director of Public Services. (Ord. 2021-6. Passed 1-25-21; Ord. 2021-23. Passed 7-7-21.)  ORDINANCE NO. 2026 -60 AN ORDINANCE AMENDING SECTION 1195.05 ENTITLED, "COMMERCIAL USE- SPECIFIC REGULATIONS" OF THE CODIFIED ORDINANCES OF THE CITY OF PARMA HEIGHTS, AND DECLARING AN EMERGENCY WHEREAS, the types of products sold by the smoking industry are ever-changing in form and addictiveness; and WHEREAS, there is an over-concentration of smoking businesses in the City; and WHEREAS, in order to protect the health, welfare, safety, peace, and comfort for the citizens of the City of Parma Heights, the City intends to reasonably regulate the saturation of smoke shops. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Parma Heights, County of Cuyahoga and State of Ohio: Section 1: That Section 1195.05 of the Codified Ordinances shall be amended and, as amended, shall henceforth read as shown by edits set forth in Exhibit “A”, which are attached hereto and incorporated by reference. Section 2: This Council finds and determines that all formal actions of this Council concerning and relating to the adoption of this Ordinance were taken in an open meeting of this Council and that all deliberations of the Council and of any of its Committees comprised of a majority of the members of the Council that resulted in those formal actions were in meeting open to the public, in compliance with the law. Section 3: This Council declares this Ordinance to be an emergency measure for the immediate preservation of the public health, peace, and safety of this Municipality, and for further reason that it is necessary to regulate the saturation of smoke shops within the City prior to the expiration of the City’s moratorium; wherefore, this Ordinance shall be in full force and effect immediately after its passage by Council and approval of the Mayor. PASSED: ____________________________ _______________________________ PRESIDENT OF COUNCIL ATTEST: ____________________________ _______________________________ CLERK OF COUNCIL APPROVED FILED WITH THE MAYOR: _________________________ _______________________________ MAYOR MARIE GALLO EXHIBIT A 1195.05 COMMERCIAL USE-SPECIFIC REGULATIONS. (a) Brewpubs and Micro Production Facilities (Micro-brewery, Micro-distillery, Micro- winery). (1) Each brewpub or micro production facility shall manufacture and sell alcoholic beverages in accordance with the provisions of the Ohio Division of Liquor Control and the Bureau of Alcohol, Tobacco and Firearms (ATF), and shall maintain current licenses as required by each agency. (2) Brewpubs: A. A minimum of 50 percent of the gross floor area of the brewpub shall be devoted to restaurant use for on-site consumption of food and beverages, including the kitchen and seating area, but not including any outdoor dining area. B. The area used for on-site production, including but not limited to manufacturing, bottling and storage, shall not exceed 50 percent of the total floor area of the entire facility or 8,000 square feet, whichever is less. (3) Micro production facilities shall provide a minimum of 1,500 square feet devoted to on-site retail sale, restaurant or tasting room for the on-site consumption of products produced on the premises. (4) Each brewpub and micro production facility shall be architecturally compatible with the surrounding commercial uses. (5) No outdoor storage of brewing equipment or materials shall be permitted. (6) The emission of odorous matter or smells in such quantities as to produce a public nuisance or hazard is not permitted. (7) The facility shall not generate truck traffic materially different in truck size or frequency from that truck traffic generated by the surrounding commercial uses. (8) Each facility shall maintain copies of all reports filed with the Bureau of Alcohol, Tobacco and Firearms (ATF) and shall be able to demonstrate, upon request of the City, that they have not exceeded the annual beverage production limit in any 12 month period. (b) Drive-Thru and Drive-In Facilities, in Association with a Permitted Principal or Conditional Use. (1) Such facilities shall be located on a major street in an area least disruptive to pedestrian and vehicular traffic. (2) Loud speaker systems shall be approved as part of the site plan and shall not create a nuisance for adjacent properties.  (3) On a corner lot, the location of access drives to the street shall be placed as far from the intersection as possible and shall be limited to no more than one access drive per street frontage. (4) Interconnecting circulation aisles between parcels shall be provided when practicable. (5) The Planning Commission may impose restrictions on the hours of operation. (c) Entertainment, Indoor, in Association with a Permitted Use. (1) Dance floors and other similar entertainment facilities including live entertainment shall be permitted only as an accessory use to a permitted principal use. (2) The Planning Commission may impose restrictions on the hours such establishment is open for business. (3) All indoor entertainment/music shall take place in a fully enclosed sound-resistant building, with closed windows and double-door entrances that provide a sound lock. (4) Outside entertainment/music may be permitted provided it complies with the following: A. Outdoor entertainment/music shall be permitted no later than 10:00 p.m. Sunday through Wednesdays and no later than 12:00 a.m. on Thursdays through Saturdays. B. The location of the area devoted to outdoor entertainment/music shall be clearly indicated on the site plan. C. The Planning Commission may require the outdoor area to be screened with a wall, fence or landscaping in order to ensure that sound does not exceed normal conversation levels beyond the property line or cause a nuisance to adjoining properties. (d) Laboratories, Research Facilities and Light Industrial. (1) The principal activities of the use shall occur within an enclosed building. (2) Where the site is adjacent to a residential zoning district, hours of operation may be restricted. (3) No exterior odor, dust, noise, or other impacts shall be produced as a result of the use. The Planning Commission may impose additional noise reduction measures, including landscaping and sound barriers, to minimize noise and to maintain the prevailing noise levels of permitted uses in the zoning district. (4) The development of the proposed use shall not discourage the development of future uses permitted by right on adjacent property. (5) The facility shall not generate truck traffic materially different in truck size or frequency from that truck traffic generated by the surrounding commercial uses. (e) Limited Outdoor Operations.  (1) The outdoor operations, such as outdoor storage of fleet vehicles, shall be located in the rear yard in compliance with the required building setbacks. (2) The area shall not exceed ten percent of the ground floor area of the principal building. (3) The area shall be entirely screened from view from the street and surrounding properties by a fence having a minimum height of six feet. (4) No odor, dust, noise, or other impacts shall be produced as a result of the use. (f) Medication Maintenance Facility or Dispensary. (1) The facility shall be located on a lot with frontage on, and vehicular access to W. 130th Street. (2) Each facility shall include a waiting and departure lounge sufficient in size to accommodate all scheduled patrons, which shall be open to patrons at least one hour before and after any official business is to be conducted. Such areas shall include restroom facilities that shall be open at least one hour prior to the beginning of scheduled services. (3) Designated outdoor smoking areas shall be located to the rear of the principal building. (4) In its review of a conditional use permit application for a medication maintenance facility or dispensary, the Planning Commission may consider the provider's history in operating similar programs in other locations, including any suspension or revocation of license, disciplinary action or zoning, building, health code, or criminal violations with the City of Parma Heights, Cuyahoga County, or the State of Ohio. (g) Outdoor Dining, in Association with a Permitted Restaurant. (1) Outdoor dining shall be permitted only as an accessory use to a permitted restaurant with an indoor eating area on the same site. A. The restaurant that the outdoor dining facility is accessory to shall provide, prepare, or serve the food and beverages consumed by patrons within the outdoor dining area. B. The number of seats permitted outdoor shall be less than the number of seats inside the restaurant. C. The restaurant shall obtain and post permits required for outdoor food handling and shall comply with state and local health and sanitation regulations. D. Outside entertainment, including but not limited to a band, orchestra, musician, singer, radio, television, loudspeaker, microphone, individual, group or other amplifying mechanical device is prohibited in the outdoor dining area unless specifically authorized as part of the conditional use permit. (2) Location requirements:  A. The outdoor dining area shall be located entirely on private property, contiguous to the principal building the dining area is connected with or between such principal building and an adjacent parking area, provided it does not replace any off-street parking, loading, or landscaping areas that are required by this Code. B. The location of the outdoor cafes and food service areas shall not require customers and employees to cross driveways or parking areas to go between the cafe/food service area and the principal building. C. The outdoor dining area shall comply with the building setback regulations for the zoning district in which it is located. D. Outdoor seating shall be located so as not to obstruct any entrance or exit to the restaurant. E. The outdoor dining area shall not be located within ten feet of a fire hydrant, Fire Department standpipe connection, fire escape, bus stop, or loading zone. (3) Additional standards. A. Outdoor seating areas located in the front yard shall be limited to seating only, and shall not include table bussing facilities, cooking facilities, or trash facilities. B. Umbrellas, or other protective elements, that shelter diners from the elements shall be secured so as not to create a hazard. C. Outdoor heaters may be permitted pursuant to the Health and Fire Codes. (4) Outside entertainment/music may be permitted provided it complies with the following: A. Outdoor entertainment/music shall be permitted no later than 10:00 p.m. Sunday through Wednesdays and no later than 12:00 a.m. on Thursdays through Saturdays. B. The location of the area devoted to outdoor entertainment/music shall be clearly indicated on the site plan. C. The Planning Commission may require the outdoor area to be screened with a wall, fence or landscaping in order to ensure that sound does not exceed normal conversation levels beyond the property line or cause a nuisance to adjoining properties. (h) Permanent Cosmetics Services in Association with a Permitted Personal Service Establishment. (1) Permanent cosmetic services shall be provided a permitted personal service establishment, such as a salon, spa or skin care business, as an ancillary service. For the purposes of this section, a service shall be considered ancillary if it meets the following three criteria: A. The ancillary use occupies less than ten percent of the floor area of the premises;  B. The ancillary use comprises less than ten percent of the volume of activity/services conducted on the premises; and C. The ancillary use generates less than ten percent of the gross revenues of the business. (2) No body piercing or other form of tattooing shall be performed on the premises. (3) The Planning Commission may limit the hours of operation. (4) The facility shall comply with the requirements of Chapter 773 of the Parma Heights Business Code. (i) Storage, Self-Service. (1) This use shall be permitted only in an existing building that meets the following requirements: A. Constructed prior to 2020 and having a minimum floor area of 40,000 square feet. B. Located on a lot with a minimum area of two acres, and minimum setback of 300 feet from any public street right-of-way. (2) Additional single-story mini-storage facilities may be erected on the site provided the ground floor area of the mini-storage does not exceed twenty percent of the ground floor area of the existing building, and the facilities are located a minimum of 300 feet from any public right-of-way. (3) The only uses permitted on-site shall be the rental of storage space and the pickup and/or deposit of goods being stored or to be stored on the property, in compliance with the following: A. All items stored on site shall be kept within an enclosed building or structure; no outdoor storage of items including boats, RVs and other motor vehicles, shall be permitted. B. At no time shall any indoor or outdoor area on the site be used to manufacture, fabricate, or process goods; service or repair vehicles, small engines, or electrical equipment; conduct sales of any kind; or conduct any other activity on-site, except to the extent such use(s) is permitted by the Zoning Code, and approved on the development plan by the Planning Commission as part of the conditional use approval. C. The use of power tools, paint sprayers, or the servicing, repair or fabrication of furniture, boats, trailers, motor vehicles, lawn mowers, appliances, and other similar equipment within a storage unit is prohibited. D. The storage of hazardous materials is prohibited. E. No portion of the self-storage site shall be used for housing or any form of residence.  F. Temporary auction sales of storage unit contents may be permitted up to four times per calendar year, provided a temporary sales permit is obtained from the City. (4) Where the site is adjacent to a Class "A" Single-Family Residential zoning district: A. Loading docks and direct exterior access to any storage unit are prohibited on the side of the facility facing the residentially zoned land. B. Public access shall be permitted only between 7:00 a.m. and 10:00 p.m. (5) Fencing and screening: A. Whenever the self-service storage building and any associated mini-storage facilities are visible from public rights-of-way, the Planning Commission may require landscaping and screening be installed in compliance with the requirements of Chapter 1185. B. Security fencing shall not include razor wire or barbed wire. (6) The Parma Heights Fire Department shall be provided with twenty-four-hour access to the grounds. A lockbox shall be provided for its use. (j) Smoke Shops. No smoke shop shall be located within one thousand (1,000) feet of any other smoke shop, as measured at the closest property lines, and the number of such smoke shops may not exceed one per every twelve thousand (12,000), or portion thereof, of the population of the City. (Ord. 2021-7. Passed 1-25-21; Ord. 2021-24. Passed 7-7-21.)  RESOLUTION NO. 2026 -61 A RESOLUTION ADOPTING THE TAX BUDGET OF THE CITY OF PARMA HEIGHTS FOR THE FISCAL YEAR OF 2027, DIRECTING THAT THE SAME BE SUBMITTED TO THE FISCAL OFFICE OF CUYAHOGA COUNTY, AND DECLARING AN EMERGENCY WHEREAS, the expenditure of money is necessary to secure needed City services and the adoption of a tax budget is immediately required to provide funds necessary for such expenditures, and to comply with the statutory requirements for the filing thereof; and WHEREAS, the Department of Finance prepared a tax budget for the City for the fiscal year beginning January 1, 2027. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Parma Heights, County of Cuyahoga and State of Ohio: Section 1: The tax budget of the City of Parma Heights for the fiscal year beginning January 1, 2027 prepared by the Department of Finance and submitted to this Council, attached as Exhibit “A”, is adopted as the tax budget of the City of Parma Heights, Ohio for the fiscal year beginning January 1, 2027. Section 2: The Department of Finance is authorized and directed to certify a copy of said tax budget and a copy of this Resolution, and to transmit the same to the Fiscal Office of Cuyahoga County, Ohio. Section 3: This Council finds and determines that all formal actions of this Council concerning and relating to the adoption of this Resolution were taken in an open meeting of this Council and that all deliberations of the Council and of any of its Committees comprised of a majority of the members of the Council that resulted in those formal actions were in meeting open to the public, in compliance with the law. Section 4: This Resolution is declared to be an emergency measure necessary for the immediate preservation of the public health, safety, and welfare of said City and for the further reason that the expenditure of money is necessary to secure needed city services, and the adoption of a tax budget is immediately required to provide funds necessary for such expenditures; wherefore, it shall be in full force and effect from and immediately after its passage by Council and approval by the Mayor. PASSED: ____________________________ _______________________________ PRESIDENT OF COUNCIL ATTEST: ____________________________ _______________________________ CLERK OF COUNCIL APPROVED FILED WITH THE MAYOR: __________________________ _______________________________ MAYOR MARIE GALLO EXHIBIT A