1147.15 EXCEPTION FOR EXISTING LOTS OF RECORD IN BUSINESS DISTRICTS.
   In any Business District where buildings and structures are permitted, a building or structure may be erected after May 1, 2008 on any lot of official record as of May 21, 1951 and shall not be required to comply with the minimum acreage requirements of Section 1147.03, but shall conform with the following standards:
   (a)   Side Yards on Corner Lots. Any building or structure erected on a corner lot or parcel of land shall not be less than thirty feet for the side yard clearance on the side street side of the corner public right of way and a minimum of three feet for the other side. Vehicle access to the rear of the building from the front shall not be required provided access to the rear of the building can be obtained from the side street side of the property.
   (b)   Side Yard. The minimum required sum of side yards shall be twenty-eight feet, a minimum of three feet of green space shall be required on either side, and the remainder twenty-five feet shall be located on the opposite side to provide a 20 feet vehicle access to the rear of the building and a minimum of 5 feet wide of green space abutting the building.
   (c)   Rear Yard. Any building or structure erected in a Business District shall have a clearance that shall not be less than the following:
      (1)   In any B-1 or B-2 District, any building or structure erected on a lot or parcel abutting a nonresidential district shall have rear yard setback of not less than ten feet and those abutting a residential district shall have a rear yard setback of not less than 20 feet.
      (2)   In any B-3 District, any building or structure erected on a lot or parcel shall have a rear yard setback of no less than 30 feet.
   (d)   Buffer. Any building or structure within 50 feet abutting any residential district shall erect a privacy fence and shall conform to the following:
      (1)   Fence shall be a minimum of six feet in height.
      (2)   Fence shall extend the entire length of the rear property line with no doorway or passage ways thereupon, with the exception of a corner lot where the fence shall not be closer than 30 feet from the public right of way.
      (3)   Chain link or similar type of fence shall not be permitted.
   (e)   Front Yards of Partially Built-Up Streets. Where twenty percent or more of the aggregate street frontage of the abutting property between two successive intersecting streets is occupied by buildings, the total average of the setbacks of the existing buildings within 200 feet on either side of the lot shall determine the setback line for that lot. In no case shall the front setback be closer than forty feet to the public right of way.
   (f)   Parking. Parking shall conform to the following:
      (1)   No closer than five feet to the rear lot line.
      (2)   Surfaces intended for any vehicle traffic or parking within thirty feet from the rear lot line shall conform to Section 1147.15(d), regardless of building distance.
      (3)   Number of parking spaces shall conform to Chapter 1155.
      (4)   Wheel stops shall be required in front of all parking spaces and shall be permanently installed.
      (5)   A minimum of four parking spaces shall be required behind any building for deliveries or employee parking.
         (Ord. 2008-041. Passed 6-24-08.)
   (g)   Two or More Contiguous Lots. The terms of this Section 1147.15 shall not apply when two or more lots or parcels are combined such that the resulting parcel or lot satisfies the requirements of Section 1147.03 of the Codified Ordinances, with the exception that the combined lots comply with a minimum frontage of 80 feet. (Ord. 2010-129. Passed 11-23-10.)
   (h)   One Main Building Per Lot. Every main building shall be located and maintained on one “lot”, and all parts of such building shall be connected in a substantial manner by a common wall. There shall not be more than one such building on a lot; accessory structure shall not be permitted.
   (i)   Planning Commission. Planning Commission approvals for yard and parking, grade and drainage shall be required.
   (j)   Architectural Review. Architectural review shall be required.
   (k)   Variances. Variance for setbacks shall not be permitted.
(Ord. 2008-041. Passed 6-24-08.)