Within a C-4 District, no building, structure or premises shall be used, arranged to be used or designed to be used, except for one or more of the following uses.
(a) Permitted uses.
(1) All permitted uses specified in the C-1 and C-2 Districts;
(2) Radio and television broadcasting stations;
(3) Printing, blueprinting, newspaper printing and telegraphic services;
(4) Displays or showrooms where the merchandise sold is stored elsewhere;
(5) Wholesale establishments;
(6) Fuel, food and goods distribution stations, excluding coal, coke and bulk storage;
(7) Plant greenhouses and garden supply sales;
(8) Hotels, motels and tourist homes;
(9) Mortuaries;
(10) Monument sales and displays;
(11) Automobile, truck, trailer, boat and farm implement sales, service and storage, both new and used;
(12) Tool and equipment rentals;
(13) Drive-in establishments, including banks, restaurants and amusement and recreation establishments, but excluding drive-in theaters;
(14) The following uses may be conducted not closer than 50 feet from any R District. Where a C-4 District abuts upon any R District, but is separated from such District by a street, the width of the street may be considered as part of the required setback.
A. Carpenter, cabinet, upholstering, sheet metal, plumbing, heating, roofing, air conditioning, sign painting, painting and other similar establishments; and
B. Repair services for machinery and equipment, including repair garages and specialty establishments such as motor, body and fender, radiator, motor tune-up and muffler shops and tire repairing sales and service, including vulcanizing.
(15) Accessory uses clearly incidental to the principal uses permitted on the same premises;
(16) Other uses similar in character to those listed in this division;
(17) Signs, as regulated by Chapter 1294;
(18) A. Sexually oriented businesses subject to the provisions of Chapter 868 of the Business Regulation Code of the Municipality of Columbiana and the further regulation that sexually oriented businesses shall not be operated within 1,000 feet of:
1. A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
2. A public or private education facility including, but not limited to, a day care center for minor children;
3. A boundary of a residential, multi-family or historical district as defined in the codified ordinances of the municipality;
4. A public park or recreational area designed as such by the municipality and maintained as such by the municipality;
5. Any public library;
6. A hospital, nursing home, assisted living or other institution used for human medical care; or
7. Another sexually oriented business.
B. For the purpose of this division, measurements shall be made in a straight line, without regard to intervening structures or objects from the nearest portion of the sexually oriented business premises to the nearest property line of the restricted locations designated in this division.
C. Any sexually oriented business lawfully operating on the effective date of this division that is in violation of this division shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed 18 months, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.
D. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of an establishment identified in this division. This provision applies only to the renewal of a valid sexually oriented business license, and does not apply when an application for a sexually oriented business license is submitted after a sexually oriented business license has expired or has been revoked.
E. A sexually oriented business shall not be substantially enlarged; and
(19) Bed and breakfast.
(b) Conditionally permitted uses. The Planning Commission may issue conditional zoning certificates for uses listed in this division, subject to the general requirements of Chapter 1266 and to the following specific requirements.
(1) Churches and other buildings for the purpose of religious worship are subject to §§ 1266.10(a)(5), (a)(12) and (b)(4) through (b)(6).
(2) Governmentally owned and/or operated buildings and facilities are subject to § 1266.10(a)(3), (a)(12) and (b).
(3) Clubs, lodges and fraternal, charitable and social organizations are subject to § 1266.10(a)(3), (a)(7), (a)(8), (a)(11), (a)(12) and (b).
(4) Automobile laundries are subject to §§ 1266.10(a)(2), (a)(7), (a)(11) and (a)(13).
(5) Public utility structures and rights-of-way are subject to § 1266.10(b)(6).
(6) Gasoline service stations are subject to §§ 1266.10(b)(3) and (j)(1) through (i)(5).
(7) Outdoor displays are subject to § 1266.10(k).
(8) Institutions for human care, such as hospitals, clinics, nursing homes and the like, subject to § 1266.10(a) and (b).
(Ord. 74-O-128, passed 10-17-1974; Ord. 98-O-1705, passed 12-15-1998; Ord. 01-O-1889, passed 5-15-2001; Ord. 09-O-2511, passed 2-17-2009)