§ 154.097 RURAL COMMERCIAL.

   (A)   Uses permitted. The following uses shall be permitted:

      (1)   Auto repair shops.

      (2)   Bakery.

      (3)   Bank.

      (4)   Barber and beauty shops.

      (5)   Drug store.

      (6)   Restaurants and taverns excluding drive-ins .

      (7)   Farm equipment, sales and service.

      (8)   Food stores.

      (9)   Grain, feed, and seed stores, including sales of fertilizers, garden supplies, and the like.

      (10)   Hardware store.

      (11)   Lumber companies.

      (12)   Offices.

      (13)   Paint and wallpaper store.

      (14)   Plumber's office and sales of fixtures.

      (15)   Police and fire station.

      (16)   Post office.

      (17)   Tobacco warehouses.

      (18)   Contractor's offices and storage areas.

      (19)   Service stations.

      (20)   Veterinarian offices including small and large animal clinics .

      (21)   Flea market.

      (22)   Single- and two-family residential uses, provided that such uses occupy the second or third floor or attached to the rear of a commercial use. In the case of this use, more than one principal use may be constructed on one lot .

      (23)   Automotive repair and sale of new parts.

   (B)   Accessory uses. The following accessory uses shall be permitted:

      (1)   Customary accessory uses .

      (2)   Fences and walls as regulated by §§ 154.165 through 154.172.

      (3)   Signs as regulated by §§ 154.185 through 154.192.

      (4)   Outdoor dining (outdoor eating and/or drinking area ) with a capacity of no more than 24 seats, and with no outdoor entertainment.

   (C)   Area and height regulations. No building shall be erected or structurally altered hereafter except in accordance with the following regulations:

      (1)   Minimum lot area , one acre.

      (2)   Minimum lot width , 100 feet.

      (3)   Minimum front yard depth , 50 feet.

      (4)   Minimum side yard width . Restrictions when adjacent to a street or other right-of-way when the required width shall be the same as required for a minimum front yard depth in this zone . When buildings abut each other, firewall construction, as required by the county's building code, shall be required. A side yard is never to be less than 15 feet.

      (5)   Minimum rear yard depth , 40 feet.

      (6)   Maximum building height , 40 feet.

   (D)   Conditional uses .

      (1)   No building or zoning permit nor certificate of occupancy shall be issued for any of the following uses, nor shall any of the following uses or any customary accessory buildings or uses in connection therewith be permitted until and unless the location of said uses, as determined and set forth in a development plan conforming with the requirements for site plans established by § 154.054 shall have been reviewed and approved by the Board of Adjustments , and a conditional use permit in accordance with § 154.049 issued therefor:

         (a)   Automobile sales, new and used.

      (2)   No such conditional use shall be permitted until and unless the following performance criteria are fully met:

         (a)   Any lot containing such conditional use shall contain a minimum of one acre of land.

         (b)   Each such conditional use shall be separated from any residential zone by a landscaped side yard in accordance with division (E) below.

         (c)   In addition to the front yard requirements established by division (C) above, each such conditional use shall have a landscaped area extending from the minimum setback line of the property a minimum of 50 feet to the start of the paved area intended or used for display of vehicles for sale.

         (d)   No flashing lights, streamers, or lights strung on overhead wires or lines shall be permitted. All signs shall be in conformance with the requirements of §§ 154.185 through 154.192.

         (e)   Vehicles offered for sale in or upon such conditional use shall be limited to standard passenger automobiles and light trucks having a gross vehicle weight rating (G.V.W.R.) of one ton or less. Sale of motorcycles, either new or used, shall not be permitted.

      (3)   Churches for the purpose of recognized religious worship.

      (4)   Childcare center.

      (5)   Public , parochial or private schools.

      (6)   Publicly owned or operated parks or recreational facilities.

      (7)   Private recreational facilities including indoor and outdoor uses.

      (8)   Outdoor dining (outdoor eating and/or drinking areas ) with the following minimum requirements:

         (a)   Such area shall be designed to clearly identify the limits of the outdoor dining area.

         (b)   Such area shall not exceed 70% of the maximum seating capacity of the premises.

         (c)   Non-amplified entertainment shall be limited to the hours between 9:00 a.m. and 10:00 p.m. within the outdoor dining areas.

         (d)   Amplified entertainment shall be permitted only on Friday and Saturday between the hours of noon and 10:00 p.m.

         (e)   The operational hours for outdoor entertainment may be varied as a part of this conditional use permit based on the development controls within the approved site plan.

         (f)   Accessory structures associated with the use shall not be permitted to locate within any minimum required front, side, or rear yards , except where a variance has been approved by the Board of Adjustment .

   (E)   Other development controls.

      (1)   Off-street parking and loading or unloading shall be provided in accordance with §§ 154.120 through 154.151.

      (2)   No outdoor storage of any material (usable or waste) shall be permitted in this zone except with the enclosed approved containers.

      (3)   No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way, or into any residential zone .

      (4)   Where any yard of any use permitted in this zone abuts a residential zone , a minimum yard requirement of 50 feet for each side and/or rear yard which abuts said zone shall be provided, ten feet of which shall be maintained by a screening area , as regulated by § 154.052.

      (5)   No use producing objectionable odors, noise, or dust shall be permitted within 500 feet from the boundary of any residential zone .

      (6)   All business activities permitted within this zone shall be conducted within a completely enclosed building with the exception of off-street parking, loading, unloading areas, and outdoor dining under (B)(4) or (D)(8).

      (7)   A site plan, as regulated by § 154.054, shall be required for any use permitted in this zone .

(Ord. 0-11-82, passed 11-3-82; Am. Ord. 0-6-87, passed 3-4-87; Am. Ord. O-2-98, passed 3-4-98; Am. Ord. O-05-20, passed 4-15-20; Am. Ord. O-12-21, passed 8-4-21) Penalty, see § 154.999