(A) Permitted uses. The permitted uses of the business district shall be limited to those set forth in this division (A).
(1) Permitted residential uses: Historically designated combination multiple dwelling above business (see § 151.075(F)).
(2) Permitted institutional uses.
(a) All uses permitted as per § 151.060(A)(2); or
(3) Permitted recreational uses: All uses permitted as per § 151.060(A)(3).
(4) Permitted office uses.
(a) Business and professional offices where knowledge, talent, or skill is communicated in oral, written, fine-arts, or graphic-arts form; or
(b) Offices for the practice of medicine, dentistry, or optometry by persons licensed in accordance with R.C. Chs. 4731, 4715, and 4725, respectively.
(5) Permitted commercial uses.
(a) Retail sales as follows:
1. Grocery stores, meat-fruit, vegetable markets, supermarkets, candy or confectionery stores, drug stores, delicatessens, florist shops, and similar uses;
2. Retail stores: art or antique; artists supply; auto supply (except automobile filling stations and the installation of auto parts and accessories); bicycle sales; books; cabinetry; clothing; dry goods; electrical appliances; eyeware; furniture; floor covering; gifts; handicraft; hardware; jewelry; leather goods and luggage; millinery; notions; paint; picture frames; radio and television; shoes; sporting goods; stamps and coins; stationery; toys; watches; and clocks;
3. Bakeries employing not more than four persons in production;
4. Restaurants, provided:
a. Restaurants shall not permit the consumption of food or beverage in automobiles parked upon the premises;
b. Drive-through establish ments are not permitted; and
c. Where such uses include the presentation of entertainment, there shall be no openings in side walls, rear walls, or roofs within 50 feet of a residence district unless such openings are stationary windows or required means of egress.
(b) Business and personal services as follows:
1. Banks, building and loan companies, savings and loans companies, and similar institutions;
2. Barber shops, beauty parlors, shoe and hat repair shops, tailoring, dressmaking, and similar uses;
3. Dry cleaning and laundry pick- up stations, except 24-hour self-service laundry establishments which are prohibited;
4. Theaters; provided, that there shall be no openings in side walls, rear walls, or roofs within 50 feet of a residential district unless such openings are stationary windows which are required means of egress;
5. Commercial art studios, photograph studios, dance studios;
6. Business appliance and repair shops, photocopying, mimeographing, and printing shops;
7. Post offices; or
8. Hotels.
(6) Permitted industrial uses: None.
(7) Permitted accessory uses:
(a) Historic registry. The core of the village as founded by Mary Emery and designed by John Nolan was placed on the National Historic Register on July 24, 1979. This National Historic Register section is bound by Indianview Avenue on the east, Murray Avenue on the north, Beech Street properties on the west, to Wooster Pike and the corporation line running between the village and Fairfax; the south boundary is the village corporate line. In order to safeguard the historical integrity of the village, all accessory uses and structures, including kiosks, vending machines, and including temporary apparatus, such as tables and hanging racks, for the display of merchandise outside a commercial establishment, are expressly prohibited in Business A District that lies within the National Historic Registry area of the village with two exceptions: racks or boxes for distribution of news publications; provided, that such racks or boxes conform to the requirements in division (A)(7)(b) below, and outdoor dining connected with an established restaurant, subject to the regulations in division (A)(7)(c) below.
(b) Racks or boxes for distribution of news publications. In order to protect the historic integrity of the village and preserve the safe flow of pedestrian and vehicular traffic, news publications boxes are permitted only as follows:
1. General rules; exceptions. Racks or boxes for the distribution of news publications are expressly prohibited in all residential districts of the village and in the entire area designated by National Historic Register. There shall be two exceptions: one “designated” area in the business district located on Wooster Pike (see division (A)(7)(b)2. below), and in the entire industrial district (see division (A)(7)(b)3. below);
2. Maintenance. In the village business district, which lies within the National Historic Register District, boxes for the distribution of news publications shall be provided, installed, and maintained by the publication vendor specifically as follows:
a. Each newsrack box in the business district shall be Sherwin Williams Rookwood Dark Brown, or SHO-RACK Bronze Brown in color, or an approved equal (color chip is available at Col. Donald L. Shanks Municipal Building);
b. Each unit in the business district shall be a TK49-16 or K49-16 with enclosed sheet metal base for a total height of no more than 39 inches as per SHO-RACK by Kasper Wire Works, Inc., or an approved equal (specs available in Col. Donald L. Shanks Municipal Building);
c. In the Business A District the name of the publication may be displayed and an advertising rack card may be placed on the sidewalk face of the newsrack. All other newsrack advertising is prohibited;
d. Installation for each unit shall be by the publication distributor with all boxes being ground mounted to stabilize and prevent drifting;
e. Units may be placed in the “designated area” only which shall be in front of the Mariemont Inn along the westbound side of Wooster Pike and west of Madisonville Road;
f. The boxes placed in the “designated area”, as per division (A)(7)(b)2.e. above, on Wooster Pike shall run parallel to the curb at a minimum distance of 18 inches from the outside edge of the curb; or
g. Permits for all news-racks, without fee, are required (see division (A)(7)(b)6. below).
3. Boxes in industrial districts. Boxes of any design are allowed in the industrial district with the issuance of a permit (see division (A)(7)(b)6. below). All boxes for distribution of news publications in the Industrial A District shall be provided by and maintained as per divisions (A)(7)(b)4. through (A)(7)(b)6.below by the publications;
4. Boxes in Business A District and Industrial A District. All permitted boxes for the distribution of news publications in Business A District and Industrial A District shall be located so as to not obstruct the reasonable use of the following: bus stops: in particular boxes may not be placed where they are likely to block the front or rear doors of a bus when stopped; front doors of buildings, offices, or stores; crosswalks; fire hydrants; utility boxes for water, sewer, gas, electric, or telephone; handicapped ramps; and any other location likely to present danger to the health, safety, and welfare of the public;
5. Maintenance and condition of newsrack boxes.
a. Every rack or box for the distribution of news publications placed in accordance with this section shall be maintained by the publication in a neat and clean condition and in good repair at all times. The Village Maintenance Supervisor shall report all maintenance and/or condition problems (as per this division and division (A)(7)(5)b. below) to the Col. Donald L. Shanks Municipal Building in writing.
b. All clear plastic or glass parts, if any, through which publications are viewed, must be maintained by the publication in an unbroken condition and free of cracks, dents, blemishes, and discoloration. All structural parts shall be maintained in an unbroken or not unduly misshapen condition.
c. Upon written notice from the Col. Donald L. Shanks Municipal Building, racks for distribution of publications shall be removed from any designated location for a period up to 60 days in order for maintenance or construction work to be done in the vicinity. The Building Commissioner shall provide such notice not less than 15 days prior to the date for removal, unless an emergency exists, in which event notice shall be provided without undue delay.
d. Upon report from the Village Maintenance Supervisor of any violations of this division (A)(7)(b), the village may request removal of any box not complying with this chapter. Failure to remove within ten days will result in village removal at the expense of the publication.
6. Permit and appeal.
a. No person, firm, corporation, or other entity shall use any rack or box for distribution of news publications without first applying to the Col. Donald L. Shanks Municipal Building for a permit on application forms provided by the village. The permits shall be renewed annually by July 1, to begin the first year after the effective date of this chapter. There shall be no permit fee (see also division (A)(7)(b)2.g. above).
b. The application form shall disclose the identity of the party utilizing the newsrack box and all locations at which usage is proposed.
c. Within 14 working days following receipt of each application, the village shall notify the applicant of approval or disapproval.
d. An applicant may appeal any denial of a permit or removal order for noncompliance by filing a written appeal to the Planning Commission within ten days following such denial. Upon appeal, the Planning Commission and the Architectural Review Board may affirm, reverse, or modify the decision of the village; provided, that the purpose and intent of the standards provided in this chapter are adhered to by the Planning Commission.
(c) Outdoor dining. Outdoor dining connected with an established restaurant shall be permitted as an accessory use only if the following criteria and regulations have been met.
1. The following definitions shall apply to outdoor dining.
a. OUTDOOR DINING shall mean an area not enclosed in a building and which is intended as an accessory area to a restaurant which provides food and/or drink to customers for consumption on the premises. Specifically not regulated by this section are village parks, residential districts, village authorized special events, and activities on property primarily used for institutional purposes, such as schools, churches, community centers, and similar establishments.
b. PREMISES means the real estate owned, leased, or rented by the licensed indoor dining establishment.
2. Outdoor dining shall be permitted as an accessory use only if all of the criteria in this division (A)(7)(c)2. and divisions (A)(7)(c)4. and (A)(7)(c)5. below are met.
a. The primary activity of the business offering the outdoor dining is the sale of prepared food and/or drink for consumption by purchasers on the premises.
b. There shall be no encroachments of permanent improvements into the setbacks required by this code of ordinances.
c. The outdoor dining plan of the premises shall be consistent with any other development plans, conditions, variances, or other special restrictions that apply to the property.
d. Signage in the outdoor dining areas shall be in compliance with this chapter. Signs on umbrellas and other items in any outdoor dining area located within the public right-of-way are not permitted unless they are in compliance with this chapter.
e. Noise, music, or sounds emanating from the outdoor dining area shall be in accordance with regulations prohibiting excessive noise in the village. Outdoor music shall not be significantly audible off premises.
f. The outdoor dining area shall meet all applicable laws and regulations including Board of Health regulations, Department of Liquor Control regulations, and building regulations of the village, and this chapter.
g. The outdoor dining area shall not be open before 6:00 a.m. on any day, nor after 1:30 a.m. on any day.
h. The arrangement of the outdoor dining area shall facilitate pedestrian traffic patterns and not unreasonably impede the exit from the principal building or access to nearby businesses or residences. The Building Commissioner shall not approve any plan that will cause any public sidewalk to be narrower than five feet. Any permit which approves the use of public right-of-way (including sidewalks) shall be revocable by the village upon at least 30 days advance notice to the permit holder. Low fences, walls, and plants in containers may be required. Where appropriate to define the outdoor area, fences, walls, and barriers must have sufficient weight or utilize ground pins so as to prevent straying into the public right-of-way.
i. The outdoor dining area shall not be unreasonably distracting to vehicular traffic. Lighting, proximity to roadways, color schemes, and desirability of screening or fencing the outdoor area shall be considered. Outdoor dining equipment must be constructed of nonreflective materials. No lighting of the outdoor dining area that is distracting or unnecessarily impacts on adjoining properties or roadways shall be approved.
j. Maintenance of the outdoor dining area shall be as follows.
i. The outdoor dining area shall be located on a surface which can be readily cleaned or hosed down.
ii. All outdoor dining equipment, including tables, chairs, and umbrellas must be stored indoors or in a secure area or otherwise adequately secured when the outdoor dining area is closed.
iii. The outdoor dining facilities area must be kept clear of litter and maintained in a safe, sanitary, and well-maintained condition, including tables, chairs, umbrellas, and any screening.
3. A permit is required for outdoor dining.
a. Application for a permit shall be made to the Building Commissioner with the proposed outdoor dining plan.
b. No outdoor dining area shall be allowed without a permit, or as otherwise approved by a variance.
c. If the outdoor dining is to be located within a public right-of-way, the applicant must provide comprehensive and general liability insurance in the amount not less than $2,000,000 holding the village harmless. Further, the applicant must provide for indemnification naming the village as an additional named insured and providing indemnification and coverage with respect to any liability arising from the use or operation of said facility. Such insurance is to be satisfactory to the village. The applicant shall provide a certificate of insurance to the village.
d. A permit shall be issued only if the application complies with this section and the required fee has been paid.
e. A new permit shall be required if the permit holder materially alters the outdoor dining from that depicted on the outdoor dining plan submitted pursuant to division (A)(7)(c)4. below.
f. The initial fee for an outdoor dining permit is $25.
4. An outdoor dining plan must be submitted as part of the application for the permit approval. The outdoor dining plan shall be in accordance with the requirements stated on the permit application and the standards and criteria stated in this chapter. The plan shall include the following items:
a. A sketch to scale of the premises clearly defining the area proposed for outdoor dining including any encroachment into a public right-of- way, and/or sidewalks. The sketch must depict the proposed location of each item to be placed within the area, such as chairs, tables, and umbrellas;
b. Pictures or other adequate description of chairs, tables, umbrellas, waste receptacles, fencing, screening, plantings, or other changes proposed for the area;
c. Description of proposed lighting, traffic patterns and signage;
d. Description of service to be provided in the outdoor dining area including the proposed hours of operation;
e. Explanation of any proposed changes to traffic patterns (pedestrian or vehicular);
f. Upon submission of all items required on the application, the outdoor dining permit must be approved in writing by the Building Commissioner and acceptance shall be countersigned by the applicants;
g. If application for permit for an outdoor dining area is denied by the Building Commissioner, the applicant may appeal to the Planning Commission. If denied by the Planning Commission, the applicant may appeal the decision to the Village Council within ten days from the denial. Said appeal(s) shall be filed in writing with the Building Commissioner; and
h. If the outdoor dining area violates the regulations of this section or the terms and criteria approved by the Building Commissioner, notice of said violation will be served on the permit holder. The permit holder will have ten days to correct the specified violations unless there is determined to be a public hazard which will require the immediate removal or correction of the violation. Failure to correct the violation shall cause the permit to be revoked.
(8) Permitted other uses: None.
(9) Permitted planned unit development uses: None.
(B) Conditional uses. The conditional uses of the Business A District shall be limited to those set forth in this division (B), when authorized by the Building Commissioner after a finding that they meet the requirements and conditions specified hereinafter; provided further, that any conditional use shall meet the requirements and conditions specified in § 151.050:
(1) Conditional residential uses: None.
(2) Conditional institutional uses: None.
(3) Conditional recreational uses: None.
(4) Conditional office uses: None.
(5) Conditional commercial uses: Any other retail, business, or personal service determined by the Building Commissioner to be of the same general character as those permitted in divisions (A)(4) and (A)(5) above.
(6) Conditional industrial uses: None.
(7) Conditional other uses: None.
(8) Conditional planned unit development uses: None.
(9) Conditional accessory uses: None.
(1) Parking and loading as per § 151.089;
(2) Signs as per § 151.127;
(4) Dish-type satellite and receiving systems as per § 151.060(C)(4), except that dish-type satellites may be located on the rear roof of the principal structure; provided, that no portion of the satellite or its mounting apparatus may extend beyond the sides of the principal structure or the top of the roof line;
(5) Freestanding antennas as per § 151.060(C)(6); or
(6) Animals as per § 151.060(C)(7).
(2000 Code, § 151.063) (Ord. O-4-96, passed 3-25-1996; Ord. O-23-98, passed 6-22-1998)