1270.03 SCHEDULE OF PERMITTED USES.

(b) To protect residential neighborhoods adjacent to business uses by restricting the types of establishments, particularly at the common boundaries, that would create congestion, noise or other objectionable influences.

(c) To protect and stabilize both residential and nonresidential developments from congestion by requiring off-street parking facilities.

(d) To encourage the logical and timely development of land for commercial purposes in accordance with the objectives, policies and proposals of the City Master Plan.

(e) To carry out the following specific purposes:

(1) To provide Neighborhood Business Districts (C-1) to serve as limited shopping districts for the convenience needs of a neighborhood area and to provide locations for retail and service uses that do not have a detrimental impact on the adjacent residences.

(2) To provide a Central Business District/French Creek District (C-2) which:

A. Makes land available for a pedestrian-oriented environment with retail activities, which are located within the central business district along the Detroit Road commercial corridor.

B. Ensures that the design of buildings is compatible with the character of the area.

C. Grants the Planning Commission adequate flexibility in reviewing development plans to ensure that the objectives of the district are met.

(3) To provide Planned Commercial Development Districts (C-3) which:

A. Minimize any adverse affects of a shopping center on nearby property values and provide for the safe and efficient use of the shopping center itself.

B. Provides for a functional and aesthetically pleasing area in which to shop.

C. Ensures that the area is designed and located to minimize traffic congestion on public highways and streets in its vicinity, and to best fit the general land use pattern of the area to be served.

(4) To provide General Business Districts (C-4) on major roads in the vicinity of freeway interchanges to serve the needs of the general public in a manner which:

A. Protects and stabilizes development from traffic congestion and hazards by regulating the intensity of use, by requiring off-street parking, loading and on-site circulation facilities, and by regulating the access to streets.

B. Provides the maximum protection to existing and proposed residential areas.

(Ord. 58-01. Passed 5-29-01; Ord. 128-12. Passed 12-27-12.)

1270.02 USE REGULATIONS.

(a) Uses Permitted by Right. A use listed in Schedule 1270.03 shall be permitted by right as a principal use in a district when denoted by the letter "P," provided that all requirements of other City ordinances and this Planning and Zoning Code have been met.

(b) Special Uses. A use listed in Schedule 1270.03 shall be permitted as a special use in a district when denoted by the letters “SU,” provided the Planning Commission first makes the determination that the requirements of Chapter 1280 have been met according to the procedures set forth in Chapter 1230;

(c) Accessory Uses. A use listed in Schedule 1270.03 shall be permitted as an accessory use in a district when denoted by the letter "A". Such use shall be permitted as a subordinate use when it is clearly incidental to and located on the same lot as the principal building or use. Accessory uses are further regulated in subsequent sections of this Planning and Zoning Code.

(d) Compliance with Development Standards and Other Applicable Regulations. Although a use may be indicated as a permitted principal, special or accessory use in a particular business district, it shall not be approved on a parcel unless it can be located thereon in full compliance with all of the standards and other regulations of this Planning and Zoning Code applicable to the specific use and parcel in question.

(e) Uses Not Listed in Schedule. Any use not specifically listed as either a permitted principal or special use shall be a prohibited use in these zoning districts, and shall only be permitted upon amendment of this Planning and Zoning Code and/or the Zoning Map as provided in Chapter 1236, or upon a finding by the Planning Commission that a use is substantially similar to a principally permitted or special use in the district according to the procedures set forth in Section 1230.11.

(Ord. 58-01. Passed 5-29-01; Ord. 128-12. Passed 12-27-12.)

1270.03 SCHEDULE OF PERMITTED USES.

	C-1 Neighborhood Business	C-2 Central Business/ French Creek	C-3 Planned Commercial Development	C-4 General Business
(a) Offices
(1) Business, professional and administrative offices	P	P	SU	P
(2) Financial institutions bank, investment/ trust company, credit agency	P	P	P	P
(3) Medical offices of physicians, dentists, health and allied services	P	P	SU	P
(4) Hospital				SU
(5) Urgent care clinic		SU	SU	SU
(b) Retail and Services
(1) Retail in completely enclosed buildings, except as otherwise regulated below	P	P	P	P
(2) Branch laundries and dry cleaners counter service (no laundering/ cleaning on premises)	P	P	P	P
(3) Drive-thru facility associated with a permitted principal or special use	SU	SU	SU	SU
(4) Funeral home and related facilities	SU	SU	SU	SU
(5) Furniture, home furnishings, office equipment	P	P	P	P
(6) Personal services in completely enclosed buildings, such as barber and beauty shops	P	P	P	P
(7) Restaurants (no outdoor seating)	SU	P	P	P
(8) Restaurants (with outdoor seating)	SU	SU	SU	SU
(9) Restaurants (no indoor seating)			SU	SU
(10) Studios for instruction	P	P	SU	P
(11) Veterinary office and/or hospital		SU	SU	SU
(12) Animal boarding				SU
(c) Community Facilities
(1) Churches and other places of worship				P
(2) Clubs, lodges and assembly halls				P
(3) Day care facilities, child and adult	P	P		P
(4) Library, museum	SU	SU	SU	P
(5) Post office	SU	SU	SU	SU
(6) Public safety facility	SU	SU	SU	P
(7) Public service/ maintenance facility				P
(8) Public utilities substations	SU	SU	SU	P
(9) Congregate care/assisted living facilities				SU
(d) Outdoor Display/Storage
(1) An aboveground storage container of flammable/ combustible liquids, LPG (liquified petroleum gas), CNG (compressed natural gas) or hazardous materials in excess of 1,500 gallons	X	X	X	X
(2) An aboveground storage container of flammable/ combustible liquids, LPG (liquified petroleum gas), CNG (compressed natural gas) or hazardous materials in amounts not exceeding 25 gallons*	P	P	P	P
(3) An aboveground storage container of flammable/ combustible liquids, LPG (liquified petroleum gas), CNG (compressed natural gas) or hazardous materials in containers larger than 25 gallons but less than 1,500 gallons for sale or distribution*			SU	SU
(4) An aboveground storage container of flammable/ combustible liquids, LPG (liquified petroleum gas), CNG (compressed natural gas) or hazardous materials in any size, for the sole purpose of on-site power generation*	SU	SU	SU	SU
(5) Outdoor display	SU	SU	SU	P
(6) Outdoor storage	SU	SU	SU	SU
(e) Automotive/Transportation
(1) Auto repair garage (major repair)				P
(2) Auto service station (minor repair)			SU	P
(3) Automotive sales (new) and rental**				P
(4) Automotive sales (used)**				A
(5) Auto detailing		SU	SU	P
(6) Car wash			SU	P
(7) Fueling station (gasoline, diesel or EV charging station)#			SU	P
(8) Parking as principal use		SU	P	P
(9) Commercial truck center/service area†	X	X	X	X
(f) Residential/Lodging
(1) Bed and breakfast	SU	SU
(2) Dwelling unit on upper floors of a commercial/office building	P	P
(3) Hotel/motel		SU	SU	P
(4) Swimming pools and other recreational facilities in connection with lodging facilities.		SU	SU	SU
(g) Entertainment - Recreation
(1) Indoor recreation and entertainment (i.e. theater, bowling alley, arcade)			P	P
(2) Outdoor recreation and entertainment (i.e. miniature golf, bating cages)				SU
(3) Par three golf course or golf training facility/clinic				P
(h) Farms or Commercial Farms			SU	SU
(i) Pet Store	SU	SU	SU	SU
(j) Commercial Dog Kennels			SU	SU
(k) Commercial Riding Stables or Riding Academies			SU	SU
(l) Accessory Uses
(1) Fences	A	A	A	A
(2) Off-street parking	A	A	A	A
(3) Signs	A	A	A	A
(4) Waste storage facilities	A	A	A	A
P = Principal Use Permitted by Right SU = Special Use A = Accessory Use Blank Cell = Use Not permitted X = Specifically prohibited = Must comply with ACO Section 1610.17 Refer to Ohio Fire Code for definitions. *= Must comply with ACO 1270.081. Supplemental Regulations for Sale of Used Autos. † See Chapter 861 , et seq. for definition, etc. # Prohibited on any property adjacent to Detroit Road or within 500 feet of Detroit Road right-of-way.

(Ord. 58-01. Passed 5-29-01; Ord. 78-05. Passed 6-13-05; Ord. 21-06. Passed 3-27-06; Ord. 94-07. Passed 9-10-07; Ord. 1-08. Passed 2-11-08; Ord. 169-08. Passed 1-12-09; Ord. 26-10. Passed 5-10-10; Ord. 35-12. Passed 6-11-12; Ord. 33-12. Passed 7-9-12; Ord. 34-12. Passed 7-9-12; Ord. 128-12. Passed 12-27-12; Ord. 11-13. Passed 2-25-13; Ord. 121-14. Passed 11-10-14; Ord. 40-17. Passed 6-12-17; Ord. 41-19. Passed 6-10-19; Ord. 38-23. Passed 4-10- 23; Ord. 55-23. Passed 5-22-23; Ord. 73-24. Passed 9-9-24; Ord. 74-24. Passed 9-23-24.)

1270.04 LOT REQUIREMENTS.

Lots created in a Business District shall comply with the requirements set forth in Schedule 1270.04(a).

(a) Schedule 1270.04(a): Lot Requirements.

Schedule 1270.04(a)

LOT REQUIREMENTS
	C-1 Neighborhood Business	C-2 Central Business/ French Creek	C-3 Planned Commercial Development	C-4 General Business
(1) Minimum development area	none	none	10 acres	none
(2) Minimum lot size	25,000 sq. ft. or lot of record	25,000 sq. ft.	1 acre	1 acre
(3) Minimum lot frontage at right- of-way	100 feet	100 feet	150 feet	150 feet
(4) Minimum landscaped open space	20% of lot area	20%(a) of lot area	30% of lot area	25% of lot area
Notes to Schedule 1270.04(a). (a) The Planning Commission may, at its discretion, include the landscaped portion of the right-of-way, improved with amenities such as trees, benches, light polls, flowers, etc, as a part of the minimum landscaped open space requirement.

(b) Lots of Record. A lot of record existing on the effective date of this Planning and Zoning Code may be occupied by a use listed as a permitted principal use in Schedule 1270.03 for the district in which the lot is located even when the lot does not comply with the minimum requirements set forth in Schedule 1270.04(a) provided the use can be conducted in compliance with all other requirements set forth in this Planning and Zoning Code.

(c) Maximum Building Size in C-1 and C-2 districts. The maximum building size in C-1 and C-2 Districts shall be 70,000 square feet.

(d) Additional Requirements for Large Buildings in C-3 and C-4 Districts. In the C-3 or C-4 district any contiguous structure exceeding 70,000 square feet, cumulative of all floors, shall comply with the following requirements:

(1) The parcel shall have a minimum of 300 feet of contiguous frontage on an arterial street.

(2) All access drives shall be located on an arterial street, and at least one entrance shall be within one-half mile, by way of public roads, of an interstate ramp. Any lot located north of I-90 and zoned in the C-3 or C-4 districts shall be exempt from this requirement provided that its primary vehicular access is located on Chester Road and that a traffic study, accepted by the City, demonstrates that the sections of Chester Road and the interstate interchanges impacted by the traffic generated by the proposed structure have existing or planned capacity to function at an acceptable level of service with the additional traffic.

(3) At least 30% of the lot area shall be devoted to landscaped open space to minimize the impact of the structure on the surrounding area.

(4) Prior to approval of the final development plan, the applicant shall provide the City with a financial guarantee in the form of a bond, irrevocable letter of credit or other acceptable financial assurance in an amount to be determined by the Service Director, and adequate to cover the costs of repair and maintenance of the property in the event that the property shall be vacated by the owner, so as to guarantee the maintenance of property in a safe condition free from any hazardous conditions or unsightly appearances.

(Ord. 58-01. Passed 5-29-01; Ord. 128-12. Passed 12-27-12; Ord. 1-15. Passed 2-9-15.)

1270.05 BUILDING SETBACK, SPACING, SIZE AND HEIGHT REQUIREMENTS.

Buildings in Business Districts shall be located on a lot in compliance with the minimum setback, spacing, size and height requirements set forth below:

(a) Land Adjoining a Residential District. In a C-4 District, lands or parcels adjoining a residential district in which the adjacent lands or parcels are being used for nonresidential purposes under a special use permit shall be governed by the setback requirements for lots adjacent to nonresidential districts.

(b) Waiver of Yard Requirements for Joint Development. The side and/or rear yard requirements, as applicable, may be waived to permit buildings on abutting properties to share a common wall, access drive or parking area, provided that the two or more buildings are approved as a joint development according to the procedures set forth in Chapter 1228.

(c) Maximum Height. All buildings and structures in a Business District shall comply with the maximum height regulations specified in Schedule 1270.05(e).

(d) Minimum Dwelling Unit Size. Dwelling units located on the upper floors of commercial or office buildings shall have a minimum of 600 square feet of floor area per unit plus 200 square feet of floor area for each bedroom. In computing the floor area, areas devoted to hallways, elevators, terraces, open porches and/or garages shall not be included.

(e) Schedule 1270.05(e).

Schedule 1270.05(e)

BUILDING SETBACK, SPACING AND HEIGHT REGULATIONS
	C-1 Neighborhood Business	C-2 Central Business/ French Creek	C-3 Planned Commercial Development	C-4 General Business
(1) Minimum setback from street right-of-way	(b)	(b)	100 feet	60 feet(a)
(2) Minimum setback from side or rear lot line:
A. Adjacent to non- residential district	-0-	-0-	15 feet	15 feet
B. Adjacent to residential district	35 feet(c)	35 feet(c)	35 feet(c)	35 feet
(3) Minimum separation between buildings on the same lot	20 feet	20 feet	30 feet	30 feet
(4) Maximum building height	35 feet	45 feet	45 feet	45 feet
Notes to Schedule 1270.05(e) (a) Where a lot fronts on a collector or arterial street as defined in Chapter 1246, the setback shall not be less than 100 feet from the road centerline for collector streets, and not less than 110 feet from the road centerline for arterial streets. (b) The building setback shall be a minimum of 50 feet from the centerline of any abutting street and not more than the setback of one of the buildings immediately adjacent to the subject building. If there are no adjacent buildings the maximum building setback shall be similar to the surrounding buildings as determined by the Planning Commission. (c) Or the height of tallest structure, whichever is greater.

(Ord. 58-01. Passed 5-29-01; Ord. 186-01. Passed 1-28-02; Ord. 128-12. Passed 12-27-12.)

1270.06 OFF-STREET PARKING, LOADING AND ACCESS DRIVES.

Off-street parking areas in Business Districts shall comply with the regulations set forth in Chapter 1292 and with the minimum setbacks, measured from the street right-of-way or property line, as specified in Schedule 1270.06(a).

(a) Schedule 1270.06(a) Minimum Parking Setback Requirements:

Schedule 1270.06(a)

MINIMUM PARKING SETBACK REQUIREMENTS
	C-1 Neighborhood Business	C-2 Central Business/ French Creek	C-3 Planned Commercial Development	C-4 General Business
(1) Minimum setback from street right-of way	20 feet(a)	20 feet(a)	50 feet	35 feet
(2) Minimum setback from side or rear lot line
A. Adjacent to non- residential district	5 feet	5 feet	10 feet	10 feet
B. Adjacent to residential district	10 feet	10 feet	30 feet	30 feet
Notes to Schedule 1270.06. (a) Or equal to the building setback if the building is located closer than 20 feet to the street right-of-way.

(b) The area within the parking setback shall be landscaped in compliance with Chapter 1294.

(c) Loading and service areas shall be located in a rear yard and shall comply with parking setbacks in Schedule 1270.06(a). Loading and service areas shall be screened in compliance with Chapter 1294.

(Ord. 58-01. Passed 5-29-01; Ord. 128-12. Passed 12-27-12.)

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