(a) Main uses conducted wholly within buildings.
(1) Retail business stores and services.
A. The sale of all food, confectionery, dairy products, frozen food lockers and State liquor stores;
B. The sale and serving of all beverages and eating places, including dancing and live entertainment, provided that the building is sufficiently sound insulated to confine any noise to the building;
(Ord. 91-69. Passed 10-7-91.)
C. The sale of all general merchandise including drugs, tobacco, jewelry, gifts, flowers, periodicals, books, stationery, clothing and accessories, shoes, and notions, and department and variety stores provided that no adult book store shall be located within 1000 feet of another adult book store nor within 1000 feet from any church, school, library, playground or to any other use classified as civic and recreational nor within 1000 feet of a residential district or as enumerated in Section 1109.01
or any other Zoning District with an existing residence thereon.
1. "Adult book store" means an establishment having a substantial and significant portion of its stock in books, magazines, newspapers, pamphlets and other periodicals, posters, pictures, images, figures, records, tapes, cassettes, discs, video cassettes, video discs, films, slides, transparencies, mechanical or nonmechanical devices and other similar materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".
2. "Specified sexual activities" means human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
3. "Specified anatomical areas" means less than completely and opaquely covered human genitals, pubic region, buttock; female breast below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state even if completely and opaquely covered.
(Ord. 95-71. Passed 10-16-95.)
D. The sale and servicing of all hardware including electrical, plumbing and heating supplies, paint and garden supplies, tools, lawn and garden equipment, appliances, china, furniture, floor and wall covering and business equipment;
E. The sale of music, radio and television equipment provided that no loud speakers broadcast into the street; radio and television equipment repair;
(Ord. 91-69. Passed 10-7-91.)
F. The sale of bicycles, motorized bicycles, outboard motors, sports and athletic equipment;
G. Pet shops, animal hospitals provided that noise and odors are effectively confined to the building and further provided that animal hospitals shall comply with and meet the standards established by the American Animal Hospital Association or its successor; that animal hospitals shall not erect, maintain or cause to be created or maintained any outside animal run or cage and that there shall not be permitted any boarding of animals on the premises except for convalescent purposes;
(Ord. 95-71. Passed 10-16-95.)
H. Shops for custom work such as carpentry, woodworking, plumbing, tin, furnace repair, heating, electrical, upholstery, decorating, signs, ornamental iron, for the making of articles to be sold only at retail on the premises;
I. All personal service establishments such as beauty and barber shops, dry cleaning agencies, tailor shops, laundry agencies and self-service laundries, shoe and hat repair, carpet cleaning;
J. Photographic developing, blueprinting and small printing shops; photographic studios;
(2) Radio and television broadcasting stations, telephone exchanges and transformer stations.
(3) Wholesale offices and show rooms with storage limited to samples.
(4) Bus passenger stations and taxi stations.
(5) Banks and similar financial institutions. (Ord. 91-69. Passed 10-7-91.)
(6) Office buildings for professional, financial, governmental, public utility, executive and/or administrative offices, excluding sales offices with samples and merchandising services not incidental to the main use.
(Ord. 98-38. Passed 7-6-98.)
(7) Laboratories for basic and applied research, experimental or testing provided, research of production processes is limited to laboratory of nonpilot scale. Provided further that all operations shall not be offensive to adjoining properties by reason of the emission of dust, gas, smoke, noise, fumes, odors, vibrations, glare or other objectionable features, and that prior to the issuance of a building permit, evidence shall be required that adequate controls, measures or devices have been provided.
(8) Hospitals, medical laboratories and clinics.
(9) Funeral homes.
(10) Nursery schools, child day-care centers.
(Ord. 91-69. Passed 10-7-91.)
(11) Motels and hotels provided that rooms, units, suites or accommodations thereof shall not be used as the permanent or voting residence of any person. Any person occupying any room, unit, suite or accommodation or any combination or series of rooms, units, suites or accommodations on the premises of such motel or hotel in excess of thirty days shall be presumed to be a permanent resident in violation hereof. Any person, including any owner, operator, manager, lessor, agent or employee of such motel or hotel who contracts with, permits, authorizes, allows, suffers or causes any person to occupy any room, unit, suite or accommodation or any combination or series of rooms, units, suites or accommodations on the premises of such motel or hotel in excess of thirty days shall be presumed to have permitted the occupancy of a motel or hotel as a permanent residence in violation hereof.
(Ord. 92-13. Passed 6-15-92.)
(12) Amusement services and recreational services such as assembly and meeting halls, billiard halls, bowling alleys, game rooms, indoor theaters, social, fraternal, sport or recreational establishments or private clubs, provided they are conducted wholly within a building and are sufficiently sound insulated as to confine any noise to the premises and provided that none of the following uses shall be located within 1000 feet from any church, school, library, playground or to any other use classified as civic and recreational nor within 1000 feet of a residential district as defined in Section1109.01
and provided that none of the following uses shall be located within 1000 feet of the same or another of the following:
A. Adult book store;
B. Adult motion picture theater;
C. Adult mini-motion picture theater;
D. Adult entertainment cabaret;
and provided further that no premises shall have or offer more than one of the uses listed in subsection (a)(12)(A). to D. hereof. "Adult book store" means the same as set forth in subsection (a)(l)C.1. hereof. "Adult motion picture theater" means an enclosed building with a capacity of fifty or more persons used for presenting materials whether by film, video cassette, video disc, cable television or any other visual media distinguished or characterized by an emphasis on material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. "Adult mini-motion picture theater" means an enclosed building with a capacity of less than fifty persons used for presenting materials whether by film, video cassette, video disc, cable television or any other visual media distinguished or characterized by an emphasis on material depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. "Specified sexual activities" and "specified anatomical areas" means the same as set forth in subsection (a)(l)C.2. and 3. hereof. "Adult entertainment cabaret" means an establishment which features persons exhibiting "specified anatomical areas". "Specified anatomical areas" means the same as set forth in subsection (a)(l)C.3. hereof.
(Ord. 95-71. Passed 10-16-95.)
(13) Vocational schools and other training schools of a private, technical or professional nature.
(14) Nursing homes, rest homes, convalescent homes, geriatric hospitals and other similar institutions wherein patients are in permanent or semipermanent residence provided such institutions comply with both the provisions of this chapter and the provisions of the Zoning Code applicable to General Business Classification "A" buildings and uses not in conflict with the following:
A. The minimum lot size for such institutions shall not be less than two acres;
B. The minimum width at the building line for such institutions shall not be less than one hundred feet;
C. The minimum side yards for such institutions shall not be less than twenty-five feet;
D. The minimum front yard for such institutions shall not be less than thirty feet;
E. The minimum rear yard for such institutions shall not be less than forty feet;
F. The maximum height of any main or accessory building for such institutions shall be twenty-five feet;
G. All accessory parking facilities for such institutions shall be located behind the front building line; shall be located no closer than ten feet from a side or rear property line; and shall be provided in a number equivalent to that required of hospitals as set forth in Section 1137.12
.
(15) Other similar uses. (Ord. 91-69. Passed 10-7-91.)
(b) Retail sales and services in open yards to the following extent:
(1) Garden supplies and furniture and nursery stock, provided the operation is in connection with an established business conducted within a building not more than 150 feet therefrom, and provided merchandise not sold, displayed or stored in a required yard.
(2) The sale of Christmas trees provided that the sale is in connection with an established business conducted within a building not more than 150 feet therefrom, and provided trees are not sold, displayed or stored in a required yard.
(3) Sales outside an enclosed building conducted by a tenant or owner of the premises at which sale is held with such owner or tenant also conducting its regular business wholly within an enclosed building at the sale location provided that no merchandise is sold, displayed or stored in a required yard; the display area of such sale shall not exceed the width of tenant’s or owner’s individual store frontage and shall not block any entrance or exit or obstruct the use of public sidewalks; such sale is conducted only during the tenant’s or owner’s normal business hours with all personal property to be returned to the enclosed building at the end of each business day; and such sale is limited to the same type of merchandise generally sold by the tenant or owner wholly within an enclosed building at the premises where the sale is being conducted.
(4) Any activity, event or function conducted by or on behalf of any recognized non-profit, educational, philanthropic, civic, religious, political or charitable organization or group provided that the aforementioned organization or group or person on its behalf first registers with the Building Commissioner stating the name of the organization or group, the nature of the activity, event or function being conducted, the duration and location of such activity, event or function and providing such other information deemed necessary by the Commissioner, including evidence satisfactory to the Commissioner that the organization or group is a recognized nonprofit, educational, philanthropic, civic, religious, political or charitable organization or group and that the person registering the organization or group is, in fact, authorized to act on its behalf. Written consent of the owner of the premises or other duly authorized person shall be provided. The registration shall be valid for a period not to exceed three days from the date the activity, event or function first commences unless earlier revoked.
Unless earlier revoked, any such registration shall be renewed once in any calendar year not less than six months after the expiration of the initial registration for an additional three days. No registration shall be assigned or transferred to any other organization, group or person. The proposed location of the activity, event or function shall not constitute a hazard to the public health, safety and welfare and shall be approved by the Commissioner. The approval of a registration shall constitute a temporary waiver of use restrictions, yard requirements, height regulations and accessory off-street parking requirements. No registration issued pursuant to this section shall be issued to any one given premises more than four times in any calendar year.
Any false, misleading or deceptive information provided by the registrant shall be cause for immediate revocation of the registration.
(c) Dwelling unit(s) on upper floor(s) of a building provided the lot has frontage on Lorain Road and the minimum floor area of the dwelling unit(s) shall be at least:
A. Studio or 1-bedroom 550 square feet;
B. 2-bedroom 750 square feet;
C. 3-bedroom 900 square feet; and
D. 150 square feet for each additional bedroom.
(d) Conditional Uses. (Reserved for future legislation)
(e) Accessory buildings and uses.
(1) Accessory off-street parking and loading facilities as required by this chapter.
(2) Maintenance, storage or processing operations clearly incident to the conduct of retail or service establishments or offices provided that no goods or merchandise shall be made upon the premises or repaired or other services rendered except those incident to a permitted building or use and for no other outlet except on the premises.
(3) Employee's lunch rooms and similar facilities.
(4) On the first floors of office buildings, uses permitted in other General Business "A" categories provided such uses do not exceed twenty-five percent (25%) of total office building floor area.
(6) Direct broadcast satellite receiving stations, and other telecommunications structures as set forth in Section 1137.09(a).
(Ord. 18-12. Passed 6-25-18.)