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Table 1135-1: Commercial Permitted Uses identifies the list of permitted uses in all commercial zoning districts.
P=Permitted PS=Permitted with Standards C=Conditional Use Blank Cell=Prohibited | |||||
Use Type | BAN | SP | BAS | DT | Additional Requirements |
Residential Uses | |||||
Townhomes | PS | 1135.04(b) | |||
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 | 1135.04(c) | ||
Automotive fueling station | C | C | C | C | 1135.04(d) |
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 | 1135.04(e) |
Entertainment, health, and recreation facilities | PS | PS | PS | PS | 1135.04(f) |
Greenhouses and nurseries | PS | 1135.04(g) | |||
Financial Institutions | P | P | P | P | |
Funeral homes, mortuaries | P | P | |||
Hospitals and surgery centers | P | PS | P | 1135.04(h) | |
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 | 1135.04(i) |
Personal services | P | P | P | P | |
Recycling centers | PS | 1135.04(j) | |||
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 | 1135.04(k) | |
Vehicle sales and rental | C | 1135.04(l) | |||
Accessory Uses | |||||
Accessory buildings | PS | PS | PS | 1135.05(a) | |
Drive-through facility | PS | PS | PS | PS | 1135.05(b) |
Outdoor dining | PS | PS | PS | PS | 1135.05(c) |
Outdoor storage or sales | C | 1135.05(d) | |||
Warehouse, incidental | PS | PS | PS | 1135.05(e) | |
**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.)
(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.)
(a) Accessory Buildings.
(1) Accessory buildings and uses customarily incidental to the above permitted uses, and shall be complimentary to the main building and surrounding properties.
(2) Accessory buildings shall only be permitted in the side and rear yards. Storage sheds shall only be permitted within the rear yard.
(3) The main building must be constructed and approved for occupancy prior to the construction of an accessory building.
(4) Accessory structures shall be located no closer than five (5) feet to any side or rear property line.
(5) No more than two (2) temporary structures may be allowed to exist on any lot at the same time. No temporary structure may be allowed to remain for more than twenty-one (21) days and a period of sixty (60) days must elapse before it or any other temporary structure is permitted.
(b) Drive-Through Facility. Drive-through facilities shall only be permitted in association with a financial institution or pharmacy use. Drive-through facilities are not permitted for restaurant uses.
(c) Outdoor Dining.
(1) Outdoor dining areas that are less than ten (10) feet in width may be permitted in association with a food or beverage establishment in the BAN, SP, BAS, and DT zoning districts subject to the following:
A. Outdoor dining areas are permitted in any yard.
B. A minimum four (4) feet wide path shall be maintained around any outdoor dining area to allow for safe pedestrian travel.
C. Outdoor dining areas shall not be located in any required parking space or parking area.
D. Outdoor dining areas shall not include the use of audio or visual electronics including televisions and projecting screens.
(2) Outdoor dining areas that are greater than ten (10) feet in width 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:
A. Outdoor dining areas are permitted in any yard.
B. Outdoor dining areas shall be surrounded by decorative railing or fencing that separates the eating area from the sidewalk or vehicular traffic. Planning Commission shall review and approve the material, height, and color of the proposed enclosure.
C. A minimum four (4) feet wide path shall be maintained around any outdoor dining area to allow for safe pedestrian travel.
D. Outdoor dining areas shall not be located in any required parking space or parking area.
(d) Outdoor Storage or Sales.
(1) For commercial uses (not including industrial uses) in the BAN, SP, BAS, or DT zoning districts there shall be no outside sales or storage of merchandise or products except for:
A. Commercial uses may conduct outdoor sales of plants, shrubs, and tress for a 100 day period per year. This shall be limited to a total of 3,000 square feet in any area or parking spaces; however all drives shall remain open for traffic.
B. Commercial uses may have merchandise on display outside if it is located within five (5) feet of the front building façade or completely contained under the front roof or eave line.
(2) For industrial uses in the BAN, SP, or BAS zoning districts, outdoor storage may be permitted in the side or rear yards if the materials are fully screened from view from all property lines and adjacent rights-of-way. Screening methods shall include opaque walls, fences, mounding, evergreen plantings, or any combination thereof that are at least six (6) feet in height. Screening methods shall not include chain link type fences with or without slats.
(Ord. 2017-1. Passed 1-26-17.)
(e) Warehousing, Incidental. Incidental warehouses may be permitted as an accessory use in association with a principally permitted use. If warehousing is proposed as part of an application, the area of such warehousing shall be identified on the development plan and the square footage of the area identified. The warehousing area must be incorporated into the principal building; no stand-alone warehousing units, such as self-storage facilities, are permitted.
(Ord. 2020-10. Passed 12-10-20.)
(a) Fences and walls.
(1) In the SP, DT, and BAS zoning districts, fences shall not exceed six (6)feet in height and shall not be located in the front yard or in front of the main building. Wire or steel mesh fences shall only be used for security purposes and must be approved by the Board of Site Arrangement.
(2) In the BAN zoning district, fences no more than thirty percent (30%) solid and no more than six (6) feet in height may be installed in any yard so long as they do not present a visual hazard at street or driveway intersections. Fences exceeding these dimensions may be installed in a side or rear yard upon approval of the Community Development Director. Fences exceeding these dimensions may be installed in the front yard as long as they do not present a visual hazard at street or driveway intersections and upon approval by the Board of Site Arrangement.
(3) A fence (open or solid to any degree) or wall of any height may be erected along a lot or buffer area line or interstate highway upon approval of the Board of Site Arrangement if necessary for the preservation of public peace, health, safety, or general welfare or the protection of residential uses.
(4) Retaining walls shall not exceed four (4) feet in height. A second tier retaining wall shall not exceed four (4) feet in height and shall be set back four (4) feet from the first lower wall. A fence on top of any retaining wall shall be set back two (2) feet from the retaining wall.
(b) Grading, Filling, and Excavation. Grading, filling, excavating or any change in the grade of property that involves the moving, depletion or replacement of more than 100 cubic yards of material or changes the existing elevation by more than one foot requires a permit. No grading shall be done that may be detrimental to surrounding property in appearance or in the diversion of stormwater drainage.
(c) Height Exceptions.
(1) Institutions of an education, religion, higher learning, or of a philanthropic nature, when permitted, may be erected to a height not exceeding seventy (70) feet, if the building is setback from each yard at least one (1) foot for each foot of additional building height above the height limit otherwise permitted in the district where the building is located.
(2) Chimneys, cooling towers, elevator bulkheads, fire towers, monument stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio or television towers or necessary mechanical appurtenances may be exempted by the Board of Site Arrangement from the height regulations if the following standards are met. The construction and/or installation of any feature listed within subsection (2) requires approval by the Board of Site Arrangement regardless of height.
A. They are set back one (1) foot over the yard requirements in the district which they are located for every one (1) foot in height above the height required in the district in which they are located;
B. They are complimentary to the principal building; and
C. They do not create a detrimental impact upon adjoining, surrounding, and nearby properties.
(d) Multiple Buildings on a Lot. More than one main building may be located upon the lot, but only when such buildings conform to all open space requirements around the lot for the district in which the lot is located.
(e) Commercial Yard Requirements.
(1) Sills, belt course, eaves, wing walls, cornices, and ornamental features may project up to three (3) feet into a required yard as long as the projection is contained within the subject property.
(2) Open fire escapes, fireproof outside stairways, balconies opening upon fire towers, chimneys, and flues may project up to three and one-half (3½) feet into the rear yard if approved by the Community Development Director.
(3) For corner lots, there shall be a front yard on each street side. Accessory buildings shall only be permitted in the side or rear yards.
(4) Where lots have a double frontage, the required front yard shall be provided on both streets.
(5) Unless specific exceptions are provided for a district within the Zoning Code, all front yards shall be devoted to landscaped areas. Up to one-fourth (¼) of the required front yard may be taken up with drives, walks, and/or parking areas. The landscape area may be approved to be placed either along the street line or against the building with the approval of the Community Development Director.
(f) Site Design Requirements. The following regulations shall be applied to all new buildings within any commercial zoning district, as applicable.
(1) There may be more than one principle building per lot.
(2) Driveway openings to public streets shall be limited to one driveway per 200 feet of project frontage. Driveway openings shall not exceed thirty (30) feet in width.
(3) Driveway openings shall be located no closer than seventy-five (75) feet from any intersection.
(4) Whenever possible and practical, each project shall provide an interior drive that is looped to provide through movement of vehicles. All drives shall consist of a minimum twenty (20) feet in width pavement as prescribed in Chapter 1141 Parking and Loading Requirements. Curbs shall be provided along all drives that do not abut parking spaces. All parking areas shall be edged with curbs. Whenever possible and practical, adjacent developments shall share ingress and egress.
(5) Parking lots, with bays containing more than twenty (20) spaces, shall, whenever possible, provide ingress and egress at both ends of each parking bay or parking lot.
(6) Underground storm drainage facilities shall be provided for all roads and drives and parking areas. All storm drainage shall be directed into established surface or underground storm drainage facilities. Stormwater retention basins shall be designed into landscaped areas as natural appearing ponds, or as architectural design features. Dry detention ponds shall be designed into landscaped areas.
(7) Sidewalks shall be provided for internal pedestrian circulation so as to connect parking spaces with the buildings.
(8) Sidewalks shall be provided along the front property line on the property or on the street right of way between the property line and the edge of the street paving or curb.
(9) All parking areas and walkways shall be illuminated so as to produce a minimum illumination of 1.0 footcandle within such areas. All exterior lighting shall be erected so as to not create more than 0.2 footcandle of light onto adjacent single-family residential areas and no exterior lighting shall exceed 10 footcandles. All lighting shall be served with underground cable and underground served poles.
(10) The site shall be landscaped in accordance with the Landscape Standards in Chapter 1145 Landscape Standards.
(11) Any part of lot area not used for buildings or other structures, or for roads, walks, parking, service areas or access ways shall be landscaped with grass, ground cover, trees and shrubs.
(12) All dumpsters shall be screened with a solid wall (materials to compliment the primary structure) at least six (6) feet in height with a minimum clear width of ten (10) feet with self-latching gates and shall comply with Section 1147.06(h).
(13) Dumpster pads shall be constructed in accordance with standards established elsewhere in the Code of Ordinances.
(14) All electric, telephone and cable lines shall be placed underground.
(15) All buildings shall have an unobstructed fire lane adjacent to the building.
(16) Existing natural areas and small watercourses shall be retained wherever appropriate.
(g) Commercial Breeders. Commercial breeding operations are not permitted within the City of Blue Ash.
(Ord. 2017. Passed 1-26-17.)
The following regulations apply only to development within the Downtown Zoning District.
(a) Height.
(1) Maximum buiding height is 55 feet except that principal buildings located at the corner of Kenwood and Cooper Roads may have a maximum height of 60 feet.
(2) All principal buildings shall have a minimum of two stories above ground, except as regulated in Section 1135.05(a): Accessory Buildings.
(3) No building shall have more than four stores above-grade.
(4) The facades of all buildings that abut a right-of-way or a residential zoning district shall step back above 35-feet in height. One additional foot setback is required for each one additional foot of building height.
(b) Setbacks.
(1) All buildings in the Downtown Zoning District shall have a minimum setback of three feet and a maximum setback of 15 feet. The area between the building and the property line shall be occupied by outdoor dining areas, landscaping, pedestrian plazas, enhanced customer entrances, similar pedestrian amenities, or other unique design concepts. The area between the building and the street shall not include any parking areas, driveways or vehicular circulation aisles, or other vehicular-oriented purposes.
(2) Overhangs, awnings, and roofs may extend up to four (4) feet into the right-of-way above a public sidewalk if an eight (8) foot clearance is maintained for pedestrians and the projections pose no threat to the public health, safety, or general welfare.
(3) Buildings shall be set back a minimum of ten (10) feet from the side and rear lot lines when abutting uses in a different zoning district.
(c) Lot Area/Density.
(1) All new buildings shall contain a minimum of 20,000 square feet gross floor area, including all floors of the building.
(2) The minimum residential gross density shall be eight units per acre.
(3) When residential uses are part of a vertically mixed-use building, the minimum density shall not apply.
(4) There is no maximum residential density in this district provided that residential uses meet the setback, height, and other site design requirements.
(5) All lots must abut a public right-of-way.
(d) Blocks. Blocks shall have a minimum length of 200 feet and a maximum length of 500 feet.
(e) Sidewalks.
(1) Sidewalks used for internal pedestrian circulation (i.e., connecting parking spaces with buildings) shall have a minimum width of four (4) feet.
(2) All sidewalks shall be built to standards established elsewhere in the Code of Ordinances.
(f) General Site Layout.
(1) Whenever possible, dumpsters shall be combined for tenant and/or surrounding building uses. All dumpsters shall be enclosed with face brick walls, six (6) feet high at grade, eight (8) inches thick, and all faces of the wall to be brick, and the top course to be row lock and with wood doors of appropriate design completely closing off the front of the dumpster enclosure.
(2) Dumpster pads shall be constructed in accordance with standards established in Section 1147.06(h).
(3) All electric, telephone and cable lines shall be placed underground.
(4) Underground storm drainage facilities shall be provided for all roads and drives and parking areas. All storm drainage shall be directed into established storm drainage facilities.
(5) All retaining walls which are visible from any public street shall have masonry facing, such as brick, stone, or other decorative finish.
(g) Building Design. All new construction and building modifications, as applicable, shall conform to the architectural standards of Chapter 1147 Architectural Standards of this zoning code.
(Ord. 2017. Passed 1-26-17; Ord. 2020-1. Passed 2-27-20.)