(a) Dry cleaning and laundry in which non-explosive and non-flammable solvents are extensively used and in which not more than five persons are engaged and in which no work shall be done on the premises for retail outlets elsewhere.
(b) Drive in Banking facilities subject to regulation of Section 1151.07.
(c) Public utility rights of way and appurtenant structures subject to regulation of Section 1151.07.
(d) Temporary buildings for the uses incidental to construction work subject to regulations of Section 1151.07.
(e) Eating and drinking establishments, but excluding drive in food and beverage establishments defined as follows:
(1) “Drive-in restaurant” means any eating establishment where the primary function is the service of food, frozen dessert, or beverages prepared for consumption away from the premises regardless of limited table service outdoor service or places being provided for consumption on or off the premises or on a self service basis. All restaurants having less than thirty-five percent (35%) of the gross floor area in an enclosed building dining area or lacking waiter or waitress service shall be considered a drive-in restaurant.
(Ord. 12-2005. Passed 3-9-05; Ord. 15-2007. Passed 8-8-07.)
(2) “Restaurant” means an eating establishment where food, frozen dessert or beverages are prepared and served by a waiter or waitress at tables or counters for consumption in a wholly enclosed building, any provision for take out service of food being incidental.
(Ord. 22-2005. Passed 9-14-05.)
(f) Stores for the preparation and processing of food and drink to be retailed on premises including bakery, delicatessen, meat market, confectionary, ice cream parlor, and soda fountains.
(g) Quasi-public institution, organization, and/or operation, instructional and meeting facilities for non-profit use such as those developed and used by the YMCA, YWCA, Boy Scouts, or various fraternal or community service groups. All activities, programs, and other events shall be adequately and properly supervise so as to prevent any hazard, disturbance, or nuisance to surrounding properties, residents, or to the community in general.
(h) Sporting goods store subject to:
(1) Sale of powered recreational vehicles shall be incidental to the total sales of stores, such incidental sales not to exceed ten percent (10%) of total sales volume.
(2) Outdoor displays of power recreational vehicles shall be prohibited.
(i) Cultural and educational facilities.
(j) Laundromats.
(k) Hospitals, convalescent, nursing and health homes, including training and teaching facilities.
(l) Funeral Homes.
(m) Other compatible uses.
(n) Conditional uses permitted in the Office/Professional District.
(Ord. 12-2005. Passed 3-9-05.)
(o) Tobacco and Vapor Lounges. The following standards shall apply to Tobacco and Vapor Lounges:
(1) Required Setbacks.
A. No Tobacco and Vapor Lounge shall be located on any parcel within 1,000 feet of any residentially zoned district within the Village of Boston Heights.
B. No such business shall be located on any parcel within 1,000 feet of any public library, church or other place of worship, public or private elementary or secondary school, or a municipal, county, or national park.
C. No such business shall be located on any parcel within 1,000 feet of another Tobacco and Vapor Lounge.
(2) For the purposes of subsection (o)(1) above, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a Tobacco and Vapor Lounge is conducted, to the nearest lot line of the premises of a public library, church or other place of worship, public or private elementary or secondary school, or to the nearest boundary of a municipal, county or national park, residential district.
(3) For the purposes of subsection (o)(1) above, the distance between any two Tobacco and Vapor Lounges shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(4) All signage shall conform with Chapter 1179 of the Codified Ordinances of the Village of Boston Heights, and there shall be no more than one sign oriented to each abutting road identifying the use.
(5) No person shall establish, or operate, or cause the establishment or operation of any Tobacco and Vapor Lounge in violation of the provisions of this section.
(6) Hours of Operation. Such lounges may only operate between 9:00 a.m. and 10:00 p.m. Sunday through Thursday and between 9:00 a.m. and 11:00 p.m. Friday and Saturday.
(7) Once approved and established, a Tobacco and Vapor Lounge will not be made non- conforming as a result of the establishment of a residential district, or a use enumerated in section 1159.03 (o)(1) above, within the required setback distance.
(Ord. 2019-4-7. Passed 6-11-19.)
(1) Required Setbacks.
A. No Truck Stop shall be located on any parcel abutting a parcel upon which a residence is situated or within 1,000 feet of any residentially zoned district within the Village of Boston Heights.
B. No Truck Stop shall be located on any parcel within 1,000 feet of any public library, church, or other place of worship, public or private elementary or secondary school, hospital, emergency room, or other medical treatment facility, or a municipal, county, or national park.
C. No Truck Stop shall be located on any parcel within 1,000 feet of another Truck Stop, convenience store, service station or other similar business.
(2) For the purposes of subsection (p)(1) above, measurements shall be made in a straight line, without regard to intervening structures or objects, from the closest lot line of the premises where a new Truck Stop is to be constructed and operated, to the closest lot line of the premises of a residence, public library, church or other place of worship, public or private elementary or secondary school, hospital, emergency room, or other medical treatment facility, or to the closest boundary of a municipal, county or national park, or residential district.
(3) For the purposes of subsection (p)(l) above, the distance between any two Truck Stops shall be measured in a straight line, without regard to intervening structures or objects, from the closest lot line of the premises in which each business is located.
(4) Signs. All signage shall conform with Chapter 1179 of the Codified Ordinances of the Village of Boston Heights, and there shall be no more than one sign oriented to each abutting road identifying the use.
(5) No person shall establish, operate, or cause the establishment or operation of any Truck Stop in violation of the provisions of this section.
(Ord. 2023-10-23. Passed 11-14-23.)