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   1135.01 PURPOSE STATEMENT.
   The purpose of this chapter is to establish Commercial Zoning District standards:
(a)   BAN Blue Ash North District. It is the purpose of the "BAN" district to create an employment district with attractive office and industrial uses that also includes amenities for the employees of the district such as restaurants and retail uses.
(b)   SP Summit Park District. It is the purpose of the "SP" district to create a regional mixed-use area catering to the visitors of Summit Park, existing and new residents, and the adjacent office developments with integrated commercial, mixed housing, and office components.
(c)   BAS Blue Ash South District. It is the purpose of the "BAS" district to create a commercial district with retail, grocery, restaurant, and office components that attract from the Blue Ash employment districts, the residential neighborhoods, and travelers along OH-126.
(d)   DT Downtown District. It is the purpose of the "D" district to create a community mixed-use destination that contains a concentration of retail, restaurant, multi-family, and public amenity uses within an attractive and walkable district.
      (Ord. 2017. Passed 1-26-17.)
   1135.02 PERMITTED USES.
   (a)   Table 1135-1: Commercial Permitted Uses lists the uses allowed within the commercial zoning districts.
   (b)   Permitted Uses. A "P" in a cell indicates that a use is allowed by-right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this code.
   (c)   Permitted Uses with Standards. A "PS" in a cell indicates that a use category is allowed by-right in the respective zoning district if it meets the additional standards set forth in the numerically referenced sections. Permitted uses with standards are subject to all other applicable regulations of this code.
   (d)   Conditional Uses.
(1)   A "C" in a cell indicates that a use may be permitted if approved through a conditional use permit, subject to the conditions set forth in Section 1127.06 Conditional Use Regulations. Conditional uses may be subject to use-specific standards as identified in the last column of Table 1135 1: Commercial Permitted Uses. Conditional uses are subject to all other applicable regulations of this code.
(2)   The existence or lack of additional use-specific standards in this code shall not be implied to be the only standards the use is required to meet. Any use that is permitted as a conditional use shall be subject to the general review standards for all conditional uses established in Section 1127.06 Conditional Use Regulations.
         (Ord. 2017. Passed 1-26-17.)
 
   1135.03 TABLE OF PERMITTED USES.
   Table 1135-1: Commercial Permitted Uses identifies the list of permitted uses in all commercial zoning districts.
 
Table 1135 1: Commercial Permitted Uses (Continued) 
P=Permitted PS=Permitted with Standards C=Conditional Use Blank Cell=Prohibited
Use Type
BAN
SP
BAS
DT
Additional Requirements
Residential Uses
Townhomes
PS
Community and Public Facility Uses
Community and public facilities, including public parks and open spaces
P
P
P
P
Institutions of education, religious, higher learning, non-profit, or of a philanthropic nature
P
P
P
P
Libraries and museums
P
P
P
P
Schools, public & private
P
P
P
P
Commercial Uses
Animal boarding facilities and kennels
PS
PS
Automotive fueling station
C
C
C
C
Brewery or distillery, micro
P
P
P
P
Brewery or distillery, macro
P
Brewery or distillery, nano
P
P
P
P
Conference centers
P
P
P
Day care center
PS
PS
PS
PS
Entertainment, health, and recreation facilities
PS
PS
PS
PS
Greenhouses and nurseries
PS
Financial Institutions
P
P
P
P
Funeral homes, mortuaries
P
P
Hospitals and surgery centers
P
PS
P
Manufacturing, light
P
PS
P
1135.04(m)
Offices
P
P
P
P
Office, medical
P
P
P
P
Parking as principal use (lot or garage)
PS
PS
PS
P
Personal services
P
P
P
P
Recycling centers
PS
Restaurants, bars, brewpubs, and other food and beverage services
P
P
P
P
Retail sales, small scale
P
P
P
P
Retail sales, large scale
P
Vehicle repair facility
C
C
C
Vehicle sales and rental
C
Accessory Uses
Accessory buildings
PS
PS
PS
Drive-through facility
PS
PS
PS
PS
Outdoor dining
PS
PS
PS
PS
Outdoor storage or sales
C
Warehouse, incidental
PS
PS
PS
**Additional uses that are not listed in this table may be allowed in a Planned Unit Development if approved by Planning Commission and City Council as described in Chapter 1137 Planned Unit Development.
 
(Ord. 2017-1. Passed 1-26-17; Ord. 2020-10. Passed 12-10-20; Ord. 2023-02. Passed 5-11-23.)
   1135.04 PRINCIPAL USE-SPECIFIC STANDARDS.
   (a)   (EDITOR'S NOTE: Former subsection (a) was repealed by Ordinance 2020-1, passed February 27, 2020.)
   (b)   Townhomes. Townhomes may be permitted in the DT zoning district subject to the following:
(1)   The minimum lot area per unit shall be 3,000 square feet and the overall site shall have a minimum lot area of one acre.
(2)   Townhomes shall not exceed forty-two (42) feet in height.
(3)   The front, side, and rear yard setbacks for the entire parcel shall be fifteen (15) feet.
(4)   Townhome buildings shall be separated by a minimum of ten (10) feet.
(5)   Trash containers shall be screened with opaque walls or fences and gates. Dumpsters shall be subject to the screening requirements found in Section 1147.06(h).
(6)   Driveways shall not be less than ten (10) feet in width.
         (Ord. 2017-1. Passed 1-26-17.)
   (c)   Animal Boarding Facilities. Animal boarding facilities may be permitted in the BAN zoning district subject to the lot being set back a minimum of 300 feet from any residential district or use. Animal boarding facilities may be permitted in the SP zoning district subject to the lot being set back a minimum of 1000 feet from any residential district or use.
(Ord. 2023-02. Passed 5-11-23.)
   (d)   Automotive Fueling Station. Automotive fueling stations may be permitted in the BAN, SP, BAS, and DT zoning districts with a conditional use permit and are subject to the standards within Section 1127.06 Conditional Use Regulations and to the following:
(1)   Automotive fueling stations that are legal conforming uses on the date of this code's adoption shall be allowed to continue operation on their current parcel size as long as the use and site remains in conformance with the regulations of this zoning code. Such stations shall be allowed to renovate, remodel, or construct new buildings or structures as long as there is no increase to the parcel size and all applicable development standards can be met.
(2)   New stations that are proposed on lots that are not an automotive fueling station on the day of this code adoption must not contain more than four fueling pumps per station. Each pump may have two fueling dispensers.
   (e)   Day Care Center. Day care centers may be permitted in the BAN, SP, BAS, and DT zoning districts subject to the following:
(1)   The main building shall not exceed 10,000 square feet in size.
(2)   All outdoor playgrounds, tot lots, exercise areas, etc. shall be located in the side or rear yard and shall be fully enclosed by a fence, the height and design of which shall be approved by the Planning Commission.
   (f)   Entertainment, Health, and Recreation Facilities.  
(1)   Entertainment, health, and recreation facilities that are 40,000 square feet or less in floor area may be located in the BAN, SP, BAS, and DT zoning districts.
(2)   Entertainment, health, and recreation facilities that are more than 40,000 square feet in floor area may be located in the BAN and BAS zoning districts.
   (g)   Greenhouses and Nurseries. Greenhouses may be permitted in the BAN zoning district subject to the following:
(1)   Business must have and maintain a Nursery Dealer Certificate (USDA).
(2)   No exterior loudspeakers.
(3)   No outside parking or storage of trucks and trailers designed and manufactured for or used for specific commercial purposes including, but not limited to, wreckers, dump trucks, tracked vehicles, buses, construction vehicles, equipment vehicles and equipment carriers, bottling works delivery trucks, grain trucks and refrigerated trucks.
   (h)   Hospitals and Surgery Centers. Hospitals and surgery centers that are 120,000 square feet or less in floor area may be located in the SP zoning district.
   (i)   Parking as Principal Use (Lot or Garage). Parking as a principle use may be permitted in the BAN, SP, and BAS zoning districts if all the proposed parking spaces are located within a garage structure of at least two stories, of which may be located either below or above ground.
   (j)   Recycling Centers. Recycling centers may be permitted in the BAN zoning district if the recycling operation is conducted entirely inside a building and there is no outside storage of materials on the subject property.
   (k)   Vehicle Repair Facility. Vehicle repair facilities may be permitted in the BAN, BAS, and DT zoning districts with a conditional use permit and are subject to the standards within Section 1127.06 Conditional Use Regulations and to the following:
(1)   The facility shall include an enclosed area of at least 2,000 square feet that includes restroom facilities.
(2)   There shall be no exterior sales or storage of merchandise, tools, or other equipment.
   (l)   Vehicle Sales and Rental. Vehicle sales and rental facilities may be permitted in the BAS zoning district with a conditional use permit and are subject to the standards within Section 1127.06 Conditional Use Regulations and to the following:
(1)   The facility shall include an enclosed area of at least 2,000 square feet that includes restroom facilities.
         (Ord. 2017-1. Passed 1-26-17.)
   (m)   Manufacturing Light. Light manufacturing uses may be permitted in the SP zoning district subject to the following:
      (1)   Must be completely within an existing legal non-conforming structure or premises, or portion thereof, which was originally constructed with manufacturing and warehouse space as a significant portion of the existing structure.
      (2)   The combined manufacturing and warehouse portion of the land use may include no more than 80 percent of the gross square footage of the enclosed area on the site.
      (3)   Additions to the exterior of the structure may be permitted to improve weather protection, accommodate energy efficiency, and to accommodate site utilities. All additions must satisfy the Architectural Standards.
      (4)   The premises must comply with current exterior development regulations including those related to lighting, landscaping, parking, and pavements.
      (5)   The facility may include only incidental warehouse.
      (6)   This land use is intended to provide for generally high-tech manufacturing facilities that provide research, development, engineering, production, and sales of high-value goods produced with high-tech and other specialized equipment. This is not intended to support the manufacturing, storage, or sales of commodities.
         (Ord. 2020-10. Passed 12-10-20.)
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