1103.07 COMMERCIAL AND MIXED USE REGULATIONS.
   (a)   Adult Entertainment Establishment. An adult entertainment establishment is subject to the following:
      (1)   They are located at least 1,000 feet from the boundaries of any lot containing a church, library, public park or playground, nursery, school, or any other institution where children are kept day or night.
      (2)   They are located at least 1,000 feet from any other adult entertainment establishment.
      (3)   They are located at least 1,000 feet away from any residentially zoned parcel in the City of Brooklyn or any adjacent community.
   (b)   Animal Training and Day Care. Animal training and day care is subject to the following:
      (1)   Any building, run, or enclosure on the premises used for such purposes shall be located at least 500 feet from any residential zoning district or use, and at least 100 feet from any lot in the R-B District.
      (2)   Any outdoor run or enclosure shall be enclosed (uncovered) with a six (6) foot high privacy fence or wall and shielded from all abutting residential properties.
      (3)   Any outdoor run or enclosure shall not be used between the hours of 10:00 pm and 7:00 am.
      (4)   Any outdoor run or enclosure shall not be located in the front yard and shall comply with the minimum building setback requirements of the district.
   
   (c)   Automotive Fueling or Charging Station. An automotive fueling or charging station is subject to the following:
       (1)   All structures on the property shall be located at least 200 feet from any residential zoning district or use.
      (2)   Fuel canopies, gas pumps, charging stations, air compressors, and similar equipment may be located in the front yard.
      (3)   The only services permitted to be performed on a vehicle on site shall be the dispensing of fuel, oil, air, windshield wiper fluid, the charging of electric vehicles, and other similar activities customarily incidental to such use.
      (4)   Fuel price displays shall be subject to the standards in Chapter 1108.
      (5)   The fuel canopy shall be constructed of the same materials used on the principal building.
      (6)   Automobile fueling stations do not include facilities designed for the fueling of semi-trailer trucks.
      (7)   An automobile fueling or charging station may be combined with a car wash or auto service garage provided that the minimum lot area shall be at least 30,000 square feet and that the uses proposed are permitted in the zoning district in which they are located.
   (d)   Automotive Rental. An automotive rental use is subject to the following:
      (1)   A principal building is required to be located on the lot.
      (2)   Headlights of the cars parked on the lot shall be completely screened from public streets and adjacent properties unless the adjacent property is an automobile sales or rental use.
      (3)   An opaque, solid wall, fence, or hedge that is at least six (6) feet in height shall be located along all property lines that abut a residential zoning district or use.
      (4)   No auctions or sales of automobiles shall be permitted on the lot.
      (5)   No outdoor speaker systems shall be permitted for uses that are located less than 200 feet from any residential zoning district or use.
      (6)   Automobile repair and service must be performed inside a building.
      (7)   Any area identified for automobile or vehicle storage shall be located in the rear yard.
   (e)   Automotive Repair Facility. An automotive repair facility is subject to the following:
       (1)   A principal building is required to be located on the lot.
      (2)   All repair work shall be conducted within an enclosed building and such building shall be located not less than 200 feet from any residential land use.
      (3)   An opaque, solid wall, fence, or hedge that is at least six (6) feet in height shall be located along all property lines that abut a residential zoning district or use.
      (4)   There shall be a minimum building floor area of 1,200 square feet.
      (5)   An automobile repair facility may be combined with an automotive fueling or charging station provided that the minimum lot area shall be at least 30,000 square feet and that the uses proposed are permitted in the zoning district in which they are located.
      (6)   No more than twenty (20) cars shall be stored at the property at any one time and all cars shall be parked in a marked parking space on a paved surface.
   (f)   Automotive Sales, New. The sale of new automobiles, including sales lots and repair of such, is subject to the following:
      (1)   A principal building is required to be located on the lot.
      (2)   An opaque, solid wall, fence, or hedge that is at least six (6) feet in height shall be located along all property lines that abut a residential zoning district or use.
      (3)   No auctions shall be permitted on the lot.
      (4)   No outdoor speaker systems shall be permitted for uses that are located less than 200 feet from any residential zoning district or use.
      (5)   Automobile repair and service must be performed inside the same building as the new car salesroom.
      (6)   All sales and circulation areas must be paved with asphalt and concrete. There shall be no vehicle storage or sales on unpaved lots.
      (7)   The sale of used automobiles may be only permitted on site as an accessory use per Section 1103.09(c).
      (8)   Such use may be operated in conjunction with another automotive use that is permitted in the district in which the use is located.
 
   (g)   Automotive Washing Facility. An automotive washing facility is subject to the following:
      (1)   All structures on the property shall be located at least 200 feet from any residential zoning district or use.
      (2)   Automotive washing facilities shall be located entirely within an enclosed building, except that entrance and exit doors may be left open during the hours of operation. Vacuuming or steam cleaning equipment may be located outside a building, in the front, side, or rear yard, but shall not be placed in any yard adjoining a residential land use.
      (3)   Stacking spaces shall be provided per Section 1106.07(h).
      (4)   A paved exit drive, which is at least forty (40) feet in length, is required between the exit door of the washing facility and the street.
      (5)   In the R-B district, there shall be a minimum building floor area of 1,200 square feet.
      (6)   An automotive washing facility may be combined with an automotive fueling or charging station provided that the minimum lot area shall be at least 30,000 square feet and that the uses proposed are permitted in the zoning district in which they are located.
   (h)   Bar and Tavern. A newly located bar or tavern use within the City, which is established after the date of this Code's adoption is subject to the following:
      (1)   Such establishments shall not be located within 1,000 feet of a property line of a church, library, public park or playground, nursery, school, or other similar use.
      (2)   The Planning Commission may impose restrictions on the house of operation to assure that the business operates in a manner similar to the prevailing characteristics of other businesses in the vicinity.
   (i)   Bed and Breakfast. A bed and breakfast is subject to the following:
      (1)   Such uses must be owner owner-occupied.
      (2)   A maximum of three guest rooms are permitted.
   
   (j)   Brewery, Distillery, Winery, Cidery. Brewery, distillery, winery, and cidery uses (both macro and micro, as applicable) are subject to the following:
      (1)   Each use shall manufacture and sell alcoholic beverages in accordance with the provisions of the Ohio Division of Liquor Control and shall maintain current licenses as required by said agency.
      (2)   No outdoor storage is permitted.
      (3)   All production shall be within completely enclosed structures.
      (4)   Macro-scale uses shall be setback a minimum of 200 feet from any residential zoning district or use.
      (5)   Outdoor dining or gathering areas are subject to regulations in Section 1103.09(j).
      (6)   Exterior storage containers that hold materials or products associated with the brewing or distilling process must be located in the side or rear yard. Such facilities shall be subject to the maximum height restrictions of the zoning district they are located. No signage or identification may be located on such containers unless approved by the Planning Commission.
   (k)   Construction and Large Equipment Rental, Sale, and Service. Such uses are subject to the following:
      (1)   There shall be a maximum of fifty (50) vehicles or large equipment located on the site outside of a completely enclosed building, at any one time.
      (2)   All work on vehicles and equipment, including, but not limited to, cleaning, servicing, and repair shall be done inside of a building.
   (l)   Day Care. A day care use is subject to the following:
      (1)   A day care shall not exceed 3,000 square feet of gross floor area.
      (2)   Outdoor recreation areas shall adhere to the following:
         A.   Be directly accessed from the building;
         B.   Be located in the side or rear yard; and
         C.   Be enclosed with a fence.
   (m)   Funeral Home and End of Life Services. A funeral home and end of life services use shall provide a detailed circulation plan indicating the outgoing vehicular traffic movement during high volume periods.
 
   (n)   Home or Business Improvement Service. A home or business improvement service shall be set back a minimum of 200 feet from any residential zoning district or use.
   (o)   Hospital. A hospital is subject to the following:
      (1)   A minimum lot size of two (2) acres
      (2)   A minimum lot width of 200 feet
      (3)   Minimum front, rear, and side yard setbacks of fifty (50) feet.
      (4)   Minimum front yard parking setback of thirty (30) feet and side and rear parking setback of fifteen (15) feet.
   (p)   Hotel, Motel. A hotel or motel shall have a minimum lot size of one (1) acre and a minimum lot width of 150 feet.
   (q)   Medical Clinic, Urgent Care. A medical clinic or urgent care use shall not include helipads on site unless they are specifically approved through the conditional use process established in Section 1111.05(b).
   (r)   Mixed Use. Mixed use buildings and developments are subject to the following:
      (1)   All uses within the structure or development are permitted in the zoning district in which the development is located.
      (2)   To be considered mixed use, there shall be at least two (2) uses integrated within the same building on a lot.
      (3)   Mixed use developments that are greater than two (2) stories in height (or thirty (30) feet) shall be set back a minimum of 100 feet from any single-family zoning district or use.
      (4)   Mixed use developments shall be accessed from primary thoroughfares and shall be limited to one (1) access point per street frontage, unless specifically permitted otherwise by the City Engineer. Site circulation shall be provided with internal access drives that connect developments, buildings, and parking areas.
      (5)   If there are multiple lots that make up the overall development, cross access and cross parking agreements shall be established that are agreed upon and executed by all applicable property owners.
       (6)   The project shall provide continuous internal pedestrian walkways, no less than four (4) feet in width, which are provided from the public sidewalk located in the adjacent road right-of-way to each primary entrance of each building within the development.
      (7)   Raised sidewalks, no less than eight (8) feet in width shall be provided along the full length of each building within the development and along any façade featuring a public entrance or which abut public parking areas.
      (8)   All deliveries, loading, and trash storage or removal shall be conducted behind a building, in the rear yard.
      (9)   Mixed use projects that are greater than five (5) acres in size shall:
         A.   Dedicate a minimum of twenty percent (20%) of the development to open space or green space which may include landscaping or screening areas, drainage areas, active and passive recreation areas, and other similar uses.
         B.   Contribute to the establishment or enhancement of community and public spaces by providing at least two (2) of the following, which in combination shall make up a minimum of five percent (5%) of the gross floor area of the mixed use development:
            i.   Decorative pedestrian plaza with benches,
            ii.   Pocket park,
            iii.   Outdoor playground area,
            iv.   Kiosk or wayfinding area,
            v.   Water feature,
            vi.   Clock tower, or
            vii.   Other such deliberately shaped area or a focal feature of amenity.
   (s)   Radio, Television Studio. A radio or television studio is permitted subject to all exterior walls of the building or recording area shall be soundproof. Any radio or television towers are subject to the regulations contained within Chapter 1110.
   
   (t)   Retail, Large-Scale. Large-scale retail establishments are subject to the following:
       (1)   In addition to the architectural and design requirements set forth in Section 1104.07, large-scale retail establishments shall be constructed out of materials that are low reflective, subtle, neutral, or earth tone in color. High-intensity colors, bright primary colors, metallic colors, or fluorescent colors are prohibited, except in any signage that reflects corporate branding.
      (2)   Large-scale retail establishments shall be accessed from primary thoroughfares and shall be limited to one access point per street frontage, unless specifically permitted otherwise by the City Engineer. Site circulation shall be provided with internal access drives that connect developments, buildings, and parking areas.
      (3)   If there are multiple lots that make up the overall development, cross access and cross parking agreements shall be established that are agreed upon and executed by all applicable property owners.
      (4)   The development shall provide continuous internal pedestrian walkways, no less than four (4) feet in width, which are provided from the public sidewalk located in the adjacent road right-of-way to each principal customer entrance of the principal buildings on the site.
      (5)   Raised sidewalks, no less than eight (8) feet in width shall be provided along the full length of the building and along any façade featuring a customer entrance or which abut public parking areas.
      (6)   All deliveries, loading, and trash storage or removal shall be conducted behind the building, in the rear yard.
      (7)   A minimum of twenty percent (20%) of the development shall be occupied by open space or green space that may include landscaping or screening areas, drainage areas, active and passive recreation areas, and other similar uses.
      (8)   The development shall contribute to the establishment or enhancement of community and public spaces by providing at least two (2) of the following, which in combination shall make up a minimum of five percent (5%) of the gross floor area of the large retail establishment:
         A.   Decorative pedestrian plaza with benches,
         B.   Pocket park,
         C.   Outdoor playground area,
         D.   Kiosk or wayfinding area,
          E.   Water feature,
         F.   Clock tower, or
         G.   Other such deliberately shaped area or a focal feature of amenity.
   (u)   Small-Format Discount Store. Small-format discount stores are subject to the conditional use requirements set forth in Section 1111.05(b). A small-format discount store shall be located at least 3,000 feet from any other small-format discount store.
   (v)   Vape, Tobacco, CBD Store. Vape, tobacco, and CBD stores are subject to the conditional use requirements set forth in Section 1111.05(b). Such store shall be located at least 3,000 feet from any other vape, tobacco, or CBD store.
   (w)   Veterinarian Office and Animal Hospital. A veterinarian office or an animal hospital shall be located completely within an enclosed building, there shall be no outdoor kennels or exercise yards. There shall be no breeding and boarding of dogs or animals, except for in association with a medical treatment or procedure.
   (x)   Wholesale Facility. A wholesale facility shall conduct all business within an enclosed building. (Ord. 2022-34. Passed 1-9-23.)