1167.05 B-4 HIGHWAY BUSINESS DISTRICT.
(a) Purpose. To provide for commercial establishments oriented primarily to serve the needs of through traffic on Federal and State limited access highways.
(b) Permitted Uses.
(1) Hotels, motels;
(2) Public garages, automobile repair shops, gasoline service stations, car wash; and
(3) Restaurants.
(c) Conditionally Permitted Uses. The Planning Commission may issue conditional zoning certificates for uses listed herein subject to procedures of Section 1137.04, the review criteria of Section 1137.05(d), applicable supplementary regulations in Chapter 1171 and architectural design standards of Chapter 1172.
(1) Public utility rights of way and appurtenant structures; and
(2) Outdoor displays, subject to the standards and criteria of Section 1167.07. (Ord. 65-1999. Passed 10-14-99.)
(3) Where a specific use is proposed that is not listed or provided for in the B-4 District, the Planning Commission may make a determination that the proposed use is of the same general character as the uses permitted in the district in which the use is proposed, or is similar to a particular use permitted in the district in which the use is proposed. The additional use must be consistent with the purpose statement for the district and shall not be objectionable as determined by the Commission.
If the Commission determines that a use is substantially similar to a specific use listed in the Code, the substantially similar use may be permitted in the B-2 and B-3 business districts which allow the principal or conditional use that is most similar. The initial determination of a similar use shall be approved in accordance with the conditional use procedures set forth in Section 1137.04, including the requirement for a public hearing. Following such a determination, the similar use shall be considered to be added to the permitted use list for the district, either as a permitted principal use or as a conditional use, as determined by the Planning Commission. (Ord. 20- 2014. Passed 2-13-14.)
(d) Accessory Uses Permitted.
(1) Off-street parking spaces, entrances and exits, as regulated in Section 1167.06;
(2) Signs as regulated in Section 1171.10;
(3) Any accessory use which is incident to a permitted main use shall be permitted provided it is planned and developed integrally with the main building, and with adjacent buildings and that it has no injurious effects on adjoining districts.
(e) Setback Lines. The setback line for any building or structure erected shall be a minimum of twenty-five feet from the public right of way. There shall be no display of goods within 100 feet of the public right of way.
(f) Side and Rear Yards.
(1) Every building or structure intended for business use shall have a rear and side yard each of which shall have a width of at least twenty-five feet from the rear and side lot lines except when adjacent to an R district the width shall be 200 feet from the lot line adjacent to the R district; provided that the building and site arrangement complies with the requirements of Section 1171.11(e).
(2) When two or more parcels of land which have different owners are proposed to be developed jointly, any common side and rear-yard setback may be reduced when a development plan for all parcels in the Joint Development is approved by the Planning Commission as a Conditional Use in accordance with the procedures of Section 1137.04. A zero setback may be considered in which case two or more buildings on separate parcels, either built simultaneously or at different times, would abut each other. In establishing the reduced setback, the Planning Commission shall consider the impact of any reduction on the arrangement of the buildings, parking, site access and circulation, landscaping, property maintenance, and the overall quality and marketability of the proposed development. To consider a parcel of land in a Joint Development, the Planning Commission must have written authorization from each property owner stating that the development proposal on each parcel may be considered as part of the Joint Development. (Ord. 27-1985. Passed 6-27-85.)
(g) Height of Building. No building shall be erected in the B-4 Highway Business District to a height in excess of seven stories or in excess of ninety feet measured from the natural grade at the building line to the highest point on the roof so long as such height does not substantially interfere with immediately adjacent parcels, otherwise, no building shall be erected in the B-4 District to a height in excess of six stories or in excess of eighty feet measured from the natural grade at the building line to the highest point on the roof, excluding gables of no more than 10 feet in height, except that these provisions shall not apply to the height of a clock tower, wireless tower, chimney, stage tower, scenery loft or other mechanical appurtenances part of such building. The above such projections shall not exceed ten feet above roof peak. All such projections in excess of ten feet must be approved by the Planning Commission.
(Ord. 69-2017. Passed 9-14-17.)
(h) Storm Drainage. Drainage shall discharge into a common closed conduit which is to be located in the right of way of streets, alleys or easements. In no case shall the Planning Commission approve a storm drainage system which involves swales, roadside ditches, etc. as a means of conveying surface drainage from the sites.
(i) Planning Commission Review Procedures. All construction for permitted or conditional uses in the B-4 District whether new construction, expansion of existing building or renovations to site conditions or characteristics shall be submitted to and approved by the Planning Commission pursuant to Section 1137.05.
(Ord. 30-1982. Passed 6-10-82.)
(j) Minimum Lot Size. The minimum lot area shall be 20,000 square feet, and each lot shall be a minimum of 100 feet in width when measured at the setback line.
(Ord. 27-1985. Passed 6-27-85.)