The following uses shall be permitted, subject to the conditions hereinafter imposed for each use, in accordance with procedures established in Section 1143.02.
(a) Gasoline service stations and convenience stores dispensing motor fuels, subject to the following conditions:
(1) These gasoline service stations or convenience stores shall be used for the sale of gasoline, oil, and automobile accessories only. No repair work shall be done other than incidental service, excluding vehicle body repairs, painting, tire recapping, engine rebuilding, upholstering, auto glass work, and other similar activities.
(2) Curb cuts for ingress and egress shall not be permitted at those locations which will tend to create traffic hazards in streets adjacent thereto. Entrances and exits shall be no closer than 50 feet from any street intersection, measured from the intersection of curb line, or from any adjacent residential districts.
(3) The minimum lot area shall be at least 12,000 square feet, and the minimum lot width shall be at least 100 feet. The minimum setback for pump islands shall be 15 feet, measured from the right-of-way. Drives and islands shall be arranged so as to provide adequate space for vehicles required to wait.
(4) Underground gasoline storage tanks shall be located no closer than 50 feet from an adjacent residential district, and they shall be installed in conformance with all applicable state codes and regulations.
(5) All drives and parking areas shall be improved with an asphaltic concrete or Portland cement surface, and shall be graded and drained as to dispose of all surface water to an approved outlet.
(6) All lighting used to illuminate the intended use shall be arranged and shielded so as not to shine upon adjacent R-residential districts.
(7) An approved obscuring fence or greenbelt shall be provided along those side and rear lot lines abutting a residential district and landscaped in accordance with Section 1141.01.
(8) If rental trucks and trailers are stored on the premises, a minimum lot area of 12,000 square feet shall be devoted exclusively to service station use. The storage of rental trailers on such premises shall be provided in addition to the minimum lot area devoted to the gasoline service station. Such storage space shall be provided behind the setback line of the main building.
(9) Abandoned service stations:
A. If a gasoline service station or convenience store dispensing motor fuels discontinues dispensing gasoline or other similar petroleum products for a period of three consecutive months, that service station shall be considered a public nuisance affecting and endangering surrounding property values and a detriment to a public health, safety, convenience, and welfare of the community, and shall be abated.
B. Whenever the Zoning Inspector finds that a gasoline service station has become a public nuisance as defined above, he shall give notice by certified mail to the owner of the premises at his or her last known address to abate the nuisance, either by resuming operation including the dispensing of gasoline and other petroleum products, changing the land usage of the premises to another permitted use in accordance with the provisions of this Zoning Code, or by securing the premises and removing all gasoline storage tanks, pumps, signs, and other appurtenances.
C. The parking of motor vehicles on the site of closed service station is prohibited, and a sign or signs notifying the public of this fact shall be posted on the premises. The owner of the premises shall be responsible for mowing the grass and removal of debris from the property.
(b) Automobile service and repair garages, subject to the following conditions:
(1) Such repair garages shall provide only mechanical, electrical, or preventive maintenance type services, excluding auto body repairs, painting, tire recapping, upholstering, or auto glass replacement.
(2) Curb cuts for ingress and egress shall be located so as to minimize traffic hazards on adjacent streets. Entrances and exits shall be not less than 50 feet from any street intersection measured from the intersection of curb lines, or from any adjoining residential district.
(3) The minimum lot area shall be at least 20,000 square feet to provide for the proper location of drives and off-street storage of vehicles awaiting service or customer pick-up. The minimum front yard setback shall be 50 feet, measured from the right-of-way; and the minimum side and rear yard setback shall be 25 feet, except where a side or rear lot line abuts a residential district, where the minimum setback shall be 50 feet from any side or rear lot line.
(4) An approved obscuring fence or greenbelt landscaped in accordance at least six feet in height shall be required on those side or rear lot lines abutting a residential district, and also surrounding those areas where vehicles may be parked or stored for a period in excess of 48 hours. This storage area must be in back of the front building line. The greenbelt is shall also be subject to provisions in Section 1141.01.
(5) All repair work shall be performed entirely within the building and no materials, parts, supplies, or tools shall be stored outside of the building or garage. No motor vehicles shall be parked on the premises for longer than 48 hours except when stored within the building or garage, or an approved storage area as specified in subsection (b)(4) hereof.
(6) All drives, parking areas, and vehicle storage areas shall be improved with an asphaltic concrete or Portland cement surface which shall be properly graded and drained so as to dispose of surface water to an approved outlet.
(7) All lighting on the site shall be directed or shielded from adjacent residential districts and from passing motorists on adjacent streets.
(8) The property shall be kept free of weeds and rubbish and collection containers for rubbish and discarded vehicle parts or accessories shall be provided in an area shielded from vision from adjoining streets by an obscuring fence or similar enclosure. These collection containers shall be to the rear of the building.
(9) The proposed building shall be constructed in accordance with the "Ohio Basic Building Code, Group S-1, Motor Vehicle Repair Garages," and shall have approved ventilation, floor drains with oil separators, fire prevention equipment, restroom facilities, and the like. The building shall be served by a public water supply and sanitary sewage collection system or a system approved by the Environmental Protection Agency.
(c) Sales of recreational vehicles, boats, and similar uses, subject to the following conditions:
(1) The minimum lot area shall be at least 20,000 square feet in area to provide for the proper location of points of ingress and egress, and for adequate off-street storage of vehicles or other items offered for sale.
(2) Curb cuts shall be at least 50 feet from the intersection of adjacent streets, measured from the intersection of curb lines; or at least 50 feet from adjoining residential districts. The minimum front setback of any building shall be 50 feet, measured from the right-of-way; and the minimum yard setback shall be 25 feet from any side or rear lot line, except where a side or rear lot line abuts a residential district, the minimum setback shall be 50 feet. A part of the required front yard area may be used for the display of vehicles or equipment subject to approval by the Village Planning Commission.
(3) An approved obscuring fence or greenbelt at least six feet in height shall be required along any side or rear lot line abutting a residential district. The greenbelt is also subject to provisions in Section 1141.01.
(4) All drives, parking areas, and storage areas shall be improved with an asphaltic, concrete, or Portland cement surface, which shall be properly graded and drained so as to dispose of all surface water to an approved adequate outlet.
(5) All lighting on the site shall be directed or shielded from adjacent residential areas and from passing motorists on adjacent streets.
(6) If repair facilities are included for the service or repair of autos, boats, recreational vehicles, and the like, all applicable regulations for automobile repair garages in subsection (b) hereof shall apply.
(d) Hotels and motels, subject to the following conditions:
(1) The minimum lot area shall be at least 20,000 square feet in area, and shall have a minimum street frontage of at least 100 feet to provide for the proper location of points of ingress and egress, and for required off-street parking. The minimum front yard setback shall be at least 30 feet measured from the right-of-way and the minimum side and rear yard setback shall be at least 25 feet. Off-street parking may occupy a portion of the front yard area, subject to approval of a parking plan by the Village Planning Commission.
(2) Each sleeping unit shall contain at least 200 square feet of floor area, and shall include separate restroom facilities.
(3) No guest shall occupy any room for more than 30 consecutive days.
(4) An approved obscuring fence or greenbelt at least six feet high shall be provided along any side or rear lot lines abutting a residential district. The greenbelt shall also be subject to provisions outlined in Section 1141.01.
(5) All drives, parking areas, and storage areas shall be improved with an asphaltic, concrete, or Portland cement surface, which shall be properly graded and drained so as to dispose of all surface water to an approved adequate outlet.
(6) All lighting shall be arranged and shielded from adjacent residential districts, and from passing motorists or adjacent streets.
(7) If restaurant facilities are included in the hotel or motel, the building shall conform to all applicable local and state codes regarding food service facilities. Additional off-street parking shall be required for the restaurant as required by Section 1139.04.
(e) Automotive car washes, subject to the following conditions:
(1) The minimum lot width shall be at least 100 feet to allow for the proper arrangement of points of ingress and egress, and the storage of waiting cars. No point of entrance and exit shall be closer than 75 feet from the intersection of adjoining streets, measured from the intersection of curb lines. The minimum front building setback shall be 30 feet from the right-of-way line; and the minimum side and rear yard setback shall be 25 feet, except where a side or rear lot abuts a residential district, where the minimum setback shall be 50 feet.
(2) Stacking space shall be provided on the site outside the building for not less than four vehicles per bay for a car wash or one vehicle per bay for a truck wash. The proposed traffic circulation plan is subject to review and approval by the Village Planning Commission.
(3) All facilities and equipment for the washing of vehicles shall be completely enclosed within a building and no washing, waxing, or similar activity may be conducted outside of the building.
(4) The car wash shall be served by a municipal water and sanitary sewer system, or an alternate system approved by the State Environmental Protection Agency.
(5) All driveway, parking, or waiting areas shall be improved with an asphaltic concrete or Portland cement surface, graded and drained so as to dispose of all storm water to an approved adequate outlet. All wash or rinse water shall be discharged to a sanitary sewer.
(f) Retail sales of plant material not grown on the site, lawn and garden supplies, lawn furniture, and the like, subject to the following conditions:
(1) No plant materials or furniture may be displayed within an area closer than ten feet back of the right-of-way line.
(2) An obscuring fence or greenbelt at least six feet in height shall be provided along those side or rear lot lines abutting a residential district. The greenbelt shall also be subject to provisions in Section 1141.01.
(3) Any fences designed to provide a secure area for the outdoor storage of plant material or other similar goods shall be confined to the area behind the front building line, and shall not exceed six feet in height.
(4) All lighting shall be arranged and shielded away from adjacent residential districts and from motorists passing on adjacent streets.
(5) The property shall be kept free of all weeds and rubbish and suitable collection containers for the proper disposal of discarded plant materials, rubbish, and debris shall be provided at the rear of the building in an area shielded from the view of passing motorists.
(6) Any stockpiles of loose topsoil, peat moss, mulch, or similar material shall be restricted to the rear of the building and shall be obscured from the street by an obscuring fence or greenbelt at least six feet in height. No manure or similar decomposing organic matter which emits offensive odors may be stored on the site.
(g) RV, boat, commercial vehicle parking and/or storage.
(h) Off-street parking and loading as the primary use of the lot.
(i) Adult entertainment facilities subject to the following conditions:
(1) No adult entertainment business shall be permitted in a location which is within 1,500 feet of another adult entertainment business.
(2) No adult entertainment business shall be permitted in a location which is within 1,000 feet of any church, any public or private school, any park, any playground, or any social services facility or neighborhood center.
(3) No adult entertainment business shall be permitted in a location which is within 500 feet of any residence or boundary or any residential district.
(4) Any material that represents or visually depicts specified anatomical areas or specified sexual activities as defined in this Zoning Code shall not be permitted to be displayed in a manner that it is visible from any public right of way.
(j) Public utility and public service buildings and uses, excluding storage yards, when operating requirements necessitate the location of said building within the district in order to serve the immediate vicinity, subject to conditions as outlined in Section 1113.03(c).
(Ord. 98-44. Passed 10-8-98.)
(k) Microbreweries. In order to protect the public health, safety and welfare of residents, the following reasonable conditions are hereby adopted to regulate microbrewery facilities within this Village. “Microbrewery” means an establishment where beer, ale, etc. are brewed, typically in conjunction with a bar, tavern, or restaurant use. The maximum brewing capacity shall not exceed 12,000 gallons per year. The area used for brewing, including bottling and kegging, shall not exceed 25 percent of the total floor area of the commercial space.
(Ord. 15-14. Passed 4-20-15.)