§ 156.158  BUSINESS USES AND REQUIREMENTS.
   (A)   The business uses defined below are permitted in the districts indicated in § 156.165, when complying with the requirements specified in §§ 156.165 through 156.167, and subject to the provisions of division (F) herein.
   (B)   Roadside business uses are also subject to the provisions of division (G) herein; and local business uses proposed to be located in the Transitional Business District are also subject to the provisions of division (H) below.
   (C)   A local business use is one which is primarily of a retail or service nature and is specifically classified or implied in the following categories of uses:
      (1)   Automobile service including:
         (a)   Filling station;
         (b)   Public garage, but not including major repair or body work;
         (c)   Public parking area; and
         (d)   Sales room.
      (2)   Business service including:
         (a)   Bank;
         (b)   Office building;
         (c)   Postal station;
         (d)   Telegraph office;
         (e)   Telephone exchange; and
         (f)   Utility company business office.
      (3)   Clothing service including:
         (a)   Laundry agency;
         (b)   Self-service laundry or self-service dry cleaning establishment;
         (c)   Dry cleaning establishment using not more than 2 clothes-cleaning units, neither of which shall have a rated capacity of more than 60 pounds using cleaning fluids which is nonexplosive and nonflammable;
         (d)   Dressmaking;
         (e)   Millinery;
         (f)   Tailor and pressing shop; and
         (g)   Shoe repair shop.
      (4)   Equipment service including:
         (a)   Radio and television shop;
         (b)   Electric appliance shop; and
         (c)   Record shop.
      (5)   Food service including:
         (a)   Grocery;
         (b)   Meat market;
         (c)   Supermarket;
         (d)   Restaurant;
         (e)   Delicatessen;
         (f)   Cold storage lockers, for individual use;
         (g)   Bakery, provided floor area used for production shall not exceed 750 square feet; and
         (h)   Roadside sales stand.
      (6)   Personal service including:
         (a)   Barber shop;
         (b)   Beauty shop;
         (c)   Reducing salon; and
         (d)   Photographic studio.
      (7)   Retail service, retail stores generally including:
         (a)   Drug store;
         (b)   Hardware or paint store;
         (c)   Stationer;
         (d)   Newsdealer;
         (e)   Showroom and sales area for articles to be sold at retail;
         (f)   Commercial greenhouse not exceeding 1,000 square feet in area;
         (g)   Apparel shop;
         (h)   Flower shop;
         (i)   Antique shop;
         (j)   Shoe store;
         (k)   Variety store;
         (l)   Toy store; and
         (m)   Jewelry store.
      (8)   Business recreational uses including:
         (a)   Billiard room;
         (b)   Dancing academy; and
         (c)   Tavern or night club, only in conformity with requirements of laws or ordinances governing the use.
      (9)   Private club or lodge;
      (10)   Advertising sign or billboard;
      (11)   Accessory building or use customarily incident to the above uses which may not have more than 40% of floor area devoted to storage purposes, and provided that not more than 5 persons are employed at 1 time or on any 1 shift in connection with the incidental use;
      (12)   Local business uses, divisions (2) through (9) and (11), shall be conducted within buildings so constructed that no noise of any kind produced therein by the business operations shall be audible beyond the confines of the building.
   (D)   A roadside business use is one which normally requires drive-in facilities related to a street or highway, and is primarily of a retail or service nature and includes storage warehouse and wholesale establishments and enclosed industrial use, specifically stated or implied in the following categories:
      (1)   Local business uses;
      (2)   Automobile, truck or trailer rental and sales area;
      (3)   Automobile and truck repair, entirely within enclosed buildings;
      (4)   Indoor theater;
      (5)   Bowling alley or roller rink, entirely within enclosed buildings;
      (6)   Department store;
      (7)   Hotel or motel;
      (8)   Veterinary hospital for small animals;
      (9)   Kennel;
      (10)   Radio and television studios;
      (11)   Newspaper publishing;
      (12)   Motor bus or railroad passenger station;
      (13)   Storage warehouse;
      (14)   Wholesale establishment;
      (15)   Any business use not specifically stated or implied elsewhere in this chapter; and
      (16)   Accessory buildings or use customarily incidental to the above uses.
   (E)   A general business use including accessory buildings and uses includes the uses, specifically stated or implied, as follows:
      (1)   Local business uses;
      (2)   Roadside business uses;
      (3)   Storage warehouse;
      (4)   Wholesale establishment;
      (5)   Any business use not specifically stated or implied elsewhere in the chapter; and
      (6)   Accessory buildings or use customarily incidental to the above uses.
   (F)   Other provisions and requirements for business uses are as follows:
      (1)   Parking spaces shall be provided on the lot, or as a special exception within 300 feet thereof, as indicated in § 156.167;
      (2)   Loading and unloading berths shall be provided on the lot as indicated in § 156.166;
      (3)   Parking spaces may not be required in a block frontage contained in a Business District in which the ground floor area of business or industrial structures, including their accessory buildings, existing at the time of passage of this chapter, equaled 50% or more of the entire area of the block frontage;
      (4)   Groups of uses requiring parking space may join in establishing private parking area with capacity aggregating that required for each participating use;
      (5)   One-half of an alley abutting the rear of a lot may be included in the rear yard, but the alley space shall not be included for loading and unloading berths;
      (6)   Where 25% or more of the lots in a block frontage are occupied by buildings, the setback of the buildings shall determine the location of the building line, except for the Roadside Business District;
      (7)   Loading and unloading berths shall not be required for business uses which demonstrably do not receive or transmit goods or wares by truck delivery; and
      (8)   Parking spaces and accessory uses are permitted in the required front yard in the Local Business District, on lots where business is located.
   (G)   Additional provisions for roadside business uses are as follows:
      (1)   On a through lot, front yards shall be provided on each street;
      (2)   A planting screen consisting of suitable shrubbery, either formally or informally planted so as to provide a year-round screen, maintained at a minimum height of 6 feet, shall be planted in the front yard wherever a Roadside Business District Use adjoins or is across the street from a Residence District or land being used for residential purposes;
      (3)   Off-street parking spaces and accessory uses such as filling station pumps and light standards, may be located in the required front year, but not within 20 feet of land which is used for or zoned for residential use;
      (4)   Where a Roadside Business District use adjoins a Residence District or land being used for residential purposes, the side yard dimension shall be 20 feet, and a planting screen consisting of suitable shrubbery, either formally or informally planted so as to provide a year-round screen maintained at a minimum height of 6 feet shall be provided;
      (5)   On a corner lot, the side yard dimension shall be 60 feet along the side street line, and off-street parking space is permitted in a side yard;
      (6)   Roadside business uses shall be conducted within buildings so constructed that no noise of any kind produced therein shall be audible beyond the confines of the building;
      (7)   Roadside business uses shall not include open storage use on the lot, except for the temporary storage of automobiles or trailers for retail sale on a lot devoted to open automobile or trailer sales area use, and for the temporary parking of vehicles in off-street parking space permitted for the use;
      (8)   The front yard shall be maintained as a lawn which may include landscape plantations; and
      (9)   The emission of smoke, dust, gas, fumes, odors, noise or vibrations, which is noxious or offensive, in the judgment of the Planning Administrator, beyond the confines of the building, is not permitted.
   (H)   Procedure for making application for local business uses in the Transition District. When application is made for a local business use within a Transition District, and when an application is accompanied by written approval of the owner or owners of at least 75% of the total area of the entire block frontage involved, the Planning Administrator shall issue an improvement location permit for local business use provided the application also meets the additional requirements of this chapter.
(1982 Code, 156.22)  (Ord. 12-1964, passed 8-11-1964)