All land use within the nonresidential districts shall conform to the requirements established by Table 1135.12-II Nonresidential District Requirements and the following specific requirements and descriptions:
(a) The area known as the Central Business District (CBD) shall be bounded and described as follows:
Being in the City of Grove City, County of Franklin, State of Ohio, and beginning at the point of intersection of the south right-of-way line of Jackson Street and the west right-of-way line of Third Street, said point being the point of beginning; thence and proceeding southwesterly along the west right-of-way line of Third Street to its intersection with the north right-of-way line of Park Street; thence northwesterly along said north right-of-way line to its intersection with the west right-of-way line of First Street; thence southwesterly along said west right-of-way line to its intersection with said north right-of-way line of Civic Place; thence northwesterly along said north right-of-way line, and its extension northwesterly to its intersection with the west right-of-way line of Broadway; thence southwesterly along the said west right-of-way line to its intersection with the southeasterly extension of the north right-of-way line of the east-west portion of Franklin Street; thence northwesterly along the said extension and along the said north right-of-way line to its intersection with the east right-of-way line of the north-south portion of Franklin Street north of the east-west portion of Franklin Street; thence northeasterly along said east right-of-way line to its intersection with the south right-of-way line of Grove City Road; thence easterly along said south right-of-way line to its intersection with the southwesterly extension of the east right-of-way line of the first alley west of Broadway between Park Street and Grove City Road; thence northeasterly along said southwesterly extension and along said east right-of-way line and its extension northeasterly to its intersection with the north right-of-way line of Park Street; thence northwesterly along said north right-of-way line to its intersection with the west line of lot number 9 (being the fifth lot east of the railroad) of the A.G. Grant Addition, said line also being the east line of lot number 10; thence northeasterly along said lot line to its intersection with the south right-of-way line of the alley north of Park Street; thence southeasterly along said south right-of-way line to its intersection with the southwesterly extension of the west right-of-way line of the first alley east of the railroad between the alley north of Park Street and Grant Avenue; thence northeasterly along said west right- of-way extension and along said west right-of-way line to its intersection with the north right-of-way line of Mill Street; thence northwesterly along said north right-of-way line and said right-of-way line extending to its intersection with the west line of lot number 18 of the Geo. H. Gantz Addition, said line also being the east line of lot number 19; thence northeasterly along said lot line to its intersection with the south right-of-way line of the first alley north of Mill Street; thence southwesterly along said south right-of-way line and partially along the north line of lot number 18 to its intersection with the southwesterly extension of the east right-of-way line of Meadow Lane; thence northeasterly along said east right-of-way line extension and along said east right-of-way line to its intersection with the south lot line of the second lot south of White Place, said point being approximately 150 feet south of White Place; thence southeasterly along said south lot line to the southeast corner of the lot; thence northeasterly along the east line of said lot to a point approximately 110 feet south of White Place said point being the southwest corner of a lot facing White Place; thence southeasterly along the south line of said lot and its extension southeasterly to a point approximately 130 feet west of Broadway said point being the southwest corner of a lot facing Broadway; thence northeasterly along the west lines of said lot three courses to the northwest corner of said lot; thence southeasterly along the north line of said lot to the southwest corner of the lot at the southwest corner of Broadway and White Place; thence northeasterly along the west line of said corner lot to the south right-of-way line of White Place; thence southeasterly along said south right- of-way line to its intersection with the west right-of-way line of Broadway; thence southeasterly to the southwest corner of the fifth lot south of Reserve “A” in the Glenn L. Lotz Grove City Addition, said point being in the east right-of-way line of Broadway; thence southeasterly along the south line of said lot and its extension southeasterly to its apparent intersection with the northeasterly extension of the west right-of-way line of First Street; thence southwesterly along said west right-of-way extension to a point on the south right-of-way line of Cleveland Avenue; thence southeasterly along said south right-of-way line to a point on the west right-of-way line of Arbutus Avenue; thence southwesterly along said west right-of-way line to a point on the north right-of-way line of Columbus Street; thence northwesterly along said north right-of-way line to a point on the west right-of-way line of First Street; thence southwesterly along said west right-of-way line to its intersection with the south right-of-way line of Jackson Street; thence southeasterly along said south right-of-way line to its intersection with the west right-of-way line of Third Street; said intersection being the point of beginning; all lands, parcels, tracts or lots within the area bounded by the above description shall be classified for the Central Business District (CBD) use. (Ord. C09-15. Passed 2-17-15.)
(b) Buildings may be altered or erected within the Central Business District (CBD) upon approval of the Planning Commission for 100 percent usage of any described lot except that portion of the lot within fifty feet each side of the centerline of the existing public street.
(c) Subject to the approval of the Planning Commission the parking requirements listed in Table 1135.12-II can be met by offsite parking facilities, other than using public streets, if suitable proof of the long term availability of such offsite parking is presented to the Planning Commission.
(Ord. C67-65. Passed 10-6-75.)
(d) Yard dimensions next to residential and other nonresidential districts, other than OLR and all “IND” Districts, may be reduced to fifty percent of the requirements listed in Table 1135.12-II if acceptable landscaping or screening is provided. Such screening shall be a masonry or solid fence between four and six feet high, maintained in good condition and free of all advertising or other signs. The yard dimensions may also be reduced by using landscaping. The landscaping shall consist of a planting of evergreen trees, hedges or shrubs not less than four feet in height at time of planting. The evergreens shall be planted in at least two rows so as to provide a visual barrier between the projects building and parking areas and the surrounding land. The yard dimension shall be wide enough so that when evergreens have grown to their maximum spread there will be two feet of clearance between the evergreens and the project's property line and five feet of clearance between the evergreens and the closest building, or other above ground structures within the project. When approved by the Fire Department and Planning Commission, the yard dimensions next to other types of nonresidential districts may be reduced without screening or landscaping; however, the yard dimensions shall be at least ten feet. The screening or landscaping shall not obscure traffic visibility within twenty feet of an intersection.
(Ord. C29-97. Passed 6-2-97.)
(e) Adequate off-street loading areas, shall be provided in all nonresidential districts. Space shall be adequate for standing, loading and unloading services in order to avoid undue interference with public streets or alleys. See Section 1137.07 for further requirements.
(f) All permitted uses shall provide such approved devices and methods necessary to insure against the emission of obnoxious odors, noise, dust, smoke or other pollutants to the limits established by State and Federal regulations and standards.
(Ord. C67-75. Passed 10-6-75.)
(g) The minimum setback line shown on Table 1135.12-II shall be the greatest distance of:
(1) either seventy feet from the centerline or twenty feet from the street right-of-way of a primary thoroughfare, and
(2) either sixty feet from the centerline or twenty feet from the street right-of-way of a secondary thoroughfare on those streets designated as thoroughfares on the approved Thoroughfare Plan.
(Ord. C77-77. Passed 10-17-77.)
(h) The off-street parking requirements listed in Table 1135.12-II shall be based on the following categories:
(1) Business or professional office, medical or dental clinic, banks, kindergarten, elementary and junior high school - use classroom only, retail stores and personal service shops.
(2) Restaurant excluding kitchen area, night club excluding kitchen area, assembly halls without fixed seats, community center, dance hall, day nursery, exhibition hall, fraternal organization, philanthropic institution, mortuary or funeral parlor - chapel areas only, bowling alley - use approach, lanes and pit area only.
(3) Theaters, auditoriums, sports area, stadium, churches - use worship hall area only, high schools, trade schools, colleges and universities - use classroom area only.
(4) Manufacturing, industrial and warehousing, when personnel are employed for more than one shift use total employees of the shift with the largest number of employees.
(5) Boarding house, club house, dormitory, fraternity or sorority house, rooming house, YMCA, YWCA, hotels, motels, hospitals, convalescent homes, homes for the aged, nursery homes, rest homes and sanitariums. When uses permitted in M-1, SD-1, SD-2 and SD-3 districts are also permitted to PSO, C-1, C-2 and CBD, the off-street parking requirements shall be governed by the requirements listed for the M-1, SD-1, SD-2 or SD-3 districts.
(Ord. C67-65. Passed 10-6-65; Ord. C41-78. Passed 6-19-78.)
(i) Residential uses may be permitted within the PSO, M-1, SD-2, and C-1 Districts upon approval of a Development Plan; provided, however, that the requirements of the A-1 District in Table 1135.10-I (Residential District Requirements) are met except for the maximum percentage of lot covered by all buildings and that a maximum of fifty percent (50%) of the floor area as defined in Section 1131.03(34) (minimum net floor area for living quarters) may be designated for residential purposes. The use of the residential area for other than residential use for more than ninety days shall void the residential use permitted herein until the area has been inspected by the City Building Inspector and pronounced safe for occupancy. Multi-Family Residential Uses may be permitted, upon approval of a Development Plan, within the C-2 and CBD Districts provided that, in addition to the above stipulations, the residential areas shall have separate utility systems and shall be separated by twenty feet of open yard or a two hour rated fire wall from the following uses:
Animal Husbandry Services
Building Materials, Hardware, and Farm Equipment Dealers
Automotive Dealers and Gasoline Service Stations
Miscellaneous General Merchandise Stores
Drinking Places (alcoholic beverages)
Automobile Repair, Automobile Services and Garages
Miscellaneous Repair Shops and Related Services
Reupholstery and Furniture Repair
(Ord. C67-65. Passed 10-6-75; Ord. C09-05. Passed 2-22-05.)
(2) Residential uses may be permitted within the CBD district as provided for in Section 1135.09(b)(4). Before reverting back to a single-family residential use within the CBD, the structure must be inspected by a City Building Inspector and pronounced safe for occupancy.
(Ord. C41-11. Passed 9-6-11.)
(j) (1) As used in this chapter:
A. “Adult bookstore” or “Adult novelty store”means an establishment which derives twenty-five percent (25%) or more of its gross income from the sale and rental of, or utilizes twenty-five percent (25%) or more of its retail selling area for the display of, or both, books, magazines, other periodicals or printed patter, photographs, films, tapes, cassettes, DVD’s, instruments, devices or paraphernalia, which are characterized by the depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” or which are designed for use in connection with “specified sexual activities” as defined hereafter.
B. “Adult motion picture theater” means an enclosed motion picture theater or motion picture drive-in theater which derives twenty-five percent (25%) or more of its gross income from the showing of, or utilizes twenty-five percent (25%) or more, of its total viewing time for the presentation of, or both, materials for observation by its patrons which are characterized by the depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined hereafter.
C. “Adult film and video tape sales and/or rental stores” means an establishment which derives twenty-five percent (25%) or more of its gross income from the sale and rental of, or utilizes twenty-five percent (25%) or more of its retail selling area for the display of, or both, of film, DVD’s, and video tapes, which materials are characterized by the depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined hereinafter.
D. “Adult entertainment establishments” means a nightclub, bar restaurant or similar commercial establishments that regularly features: persons who appear in a state of nudity or semi-nudity; or live performances which are characterized by the exposure of “specified anatomical areas”, or by “specified sexual activities”.
E. “Specified anatomical areas” is defined as less than completely and opaquely covered human genitals, pubic region, buttocks and female breasts 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.
F. “Specified sexual activities” is defined as human genitals in the state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
G. “Nudity” or “state of nudity” means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
H. “Semi-nudity” or “semi-nude condition” means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel, provided that the areola is not exposed in whole or part.
(2) Upon special permit by the Planning Commission and Council, an adult bookstore adult novelty store, adult motion picture theater, an adult film and video tape sales and/or rental store, or adult entertainment establishment may be located within a C-1 or C-2 District, subject to the provision that no adult bookstore/adult novelty store, adult motion picture theater, adult entertainment establishment, or adult film and video tape sales and/or rental store shall be established within 1,000 feet or less of any single-family or multi-family residential zoning classification, PUD-R (Planned Unit Development - Residential), PSO (Professional Services) or SD-1 (Educational) Districts or residential use and no adult bookstore/adult novelty store, adult motion picture theater, adult film and video tape sales and/or rental store, or adult entertainment establishment shall be established within 1,000 feet of another adult bookstore/adult novelty store, adult motion picture theater, adult film and video store, or adult entertainment establishment.
(3) A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of materials depicting or describing “specified sexual activities” or “specified anatomical areas” and still be characterized as an “adult bookstore/adult novelty store”, “adult motion picture theater”, “adult film and video tape sales and/or rental store”, or “adult entertainment establishments”. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an “adult bookstore/adult novelty store”, “adult motion picture theater”, “adult film and video tape sales and/or rental store”, or “adult entertainment establishment” so long as one of its principal business purposes is the offering for sale or rental for consideration of any form, the “specified sexual activities” or “specified anatomical areas”.
(Ord. C57-82. Passed 7-6-82; Ord. C49-83. Passed 12-5-83; Ord. C77-05. Passed 8-1-05; Ord. C24-06. Passed 5-1-06.)
(k) In an OLR or any IND District, there shall be no structures, parking or dumpsters permitted between the right-of-way and the set back. Only landscaping and driveway access shall be permitted in this area.
(Ord. C44-95. Passed 8-7-95; Ord. C5-98. Passed 2-17-98.)
(l) In an OLR, or any IND District, there shall be no structures, parking or dumpsters permitted between the property line and the side or rear set back next to residential districts. Only landscaping and driveway access shall be permitted in this area.
(Ord. C5-98. Passed 2-17-98.)
(m) (1) In evaluating the design and planning for new, renovated, or expanded structures or developments in all zoning districts, except single-family residential, the Planning Commission shall endeavor to assure that the exterior appearance of such buildings, structures and spaces shall:
A. Enhance the attractiveness and desirability of the district in keeping with its purpose and intent.
B. Encourage the orderly and harmonious development of the district in a manner in keeping with the overall character of the district.
C. Improve residential amenities in any adjoining residential neighborhood, if applicable.
D. Enhance and protect the public and private investment in the value of all land and improvements within the district.
(2) The Planning Commission, in the performance of its duties, may prescribe modification of the proposed architectural design or site plan as may be appropriate to assure the proposed development meets the objectives of the above items A. through D. Materials should be of the nature that will enhance the development and existing land values. Brick, slate, wood, cement, stucco, or other materials should provide diversity, but, at the same time, should be consistent with the area that they will be impacting. Decorative stone and brick are preferred, but, decorative wood or vinyl siding may be used as long as they are approved by Council.
(3) Deviation from the minimum requirements of this section may be approved by the Planning Commission and Council.
(Ord. C53-96. Passed 7-15-96; Ord. C5-98. Passed 2-17-98)
(n) In all Commercial and Industrial Districts the lighting requirements are set forth as follows:
(1) All exterior parking and pedestrian lighting shall be designed to direct light downwardly (i.e cut off type fixtures) and shall be from the same type and style.
(2) All lights shall be arranged to reflect light away from any street or adjacent property.
(3) Direct or indirect glare into the eyes of motorists or pedestrians shall be prohibited.
(4) Landscape and building lighting shall be designed to direct light either up or down (i.e. cut-off, soffit).
(5) All building illuminations shall be from concealed sources.
(6) No colored or flashing lights shall be used to light the exterior of buildings.
(7) As required in Section 1137.06(n), lighting for parking facilities shall have 0.5 footcandles minimum maintained, measured at grade in all vehicular use areas and pedestrian pathways.
(Ord. C15-99. Passed 5-3-99.)
TABLE 1135.12-II NONRESIDENTIAL DISTRICT REQUIREMENTS
MINIMUM REQUIREMENTS | Maximum Requirements | ||||||||||||
District *(e) | Type Use | Set Back Line *(g) (Feet) | Int. Side (Feet) | Yard Dimensions (Feet) | Off-Street Parking Requirements by Category *(h) (One Parking Space Per) | Percent of Lot Covered By All Buildings | Bldg. Height (Feet) | ||||||
Next to Residential Districts *(d) | Depth of Rear | Next to Other Type of Non-Residential Districts *(d) | I | II | III | IV | V | ||||||
MINIMUM REQUIREMENTS | Maximum Requirements | ||||||||||||
District *(e) | Type Use | Set Back Line *(g) (Feet) | Int. Side (Feet) | Yard Dimensions (Feet) | Off-Street Parking Requirements by Category *(h) (One Parking Space Per) | Percent of Lot Covered By All Buildings | Bldg. Height (Feet) | ||||||
Next to Residential Districts *(d) | Depth of Rear | Next to Other Type of Non-Residential Districts *(d) | I | II | III | IV | V | ||||||
PSO | Professional Services | 30 | 6 | 60 | 6 | 30 | 150sf | N/A | N/A | N/A | N/A | 75 | 35 |
C-1 | Commercial | 30 | 6 | 60 | 6 | 30 | 200sf | 50sf | N/A | 3 Employees | N/A | 75 | 35 |
C-2 | Commercial | 30 | 6 | 60 | 6 | 30 | 200sf | 50sf | N/A | 1 rental room/suite | 75 | 35 | |
CBD | Central Business District | *(b) | *(b) | 60 | *(b) | 30 | same *(c) | as *(c) | PSO, *(c) | C-1, *(c) | C-2 *(c) | 100 | 35 |
OLR | Office/Research Laboratory | 100 | 50 | 100 | 50 | 50 | 150sf | N/A | N/A | N/A | N/A | 75 | 120 |
IND-1 | Light Industry | 30 | 6 | 100 | 6 | 50 | 200sf | N/A | N/A | 2 Employees | N/A | 35 | 35 |
IND-2 | Heavy Industry | 30 | 6 | 100 | 6 | 50 | 200sf | N/A | N/A | N/A | 35 | 35 | |
M-1 | Medical | 30 | 6 | 50 | 6 | 25 | 150sf | N/A | N/A | N/A | 3 beds | 75 | 35 |
SD-1 | Educational | 30 | 6 | 50 | 6 | 25 | 150sf | N/A | 4 seats | 200sf | 75 | 35 | |
SD-2 | Services | 30 | 6 | 50 | 6 | 25 | 150sf | 100sf | 4 seats | 2 beds | 75 | 35 | |
SD-3 | Recreational Facilities | 30 | 6 | 50 | 6 | 25 | N/A | 100sf | 3 seats | N/A | N/A | 75 | 35 |
SD-4 | Miscellaneous | 30 | 6 | 100 | 6 | 50 | As approved by Planning Commission | 35 | |||||
* See appropriate subsection of this Section for further explanation.
(Ord. C79-74. Passed 1-20-75; Ord. C44-95. Passed 8-7-95.)