§ 156.037  BUSINESS DISTRICTS.
   (A)   B-1 Neighborhood Business Districts.
      (1)   Intent.  This district is established to provide areas in which to meet the needs of the immediate neighborhood.  This district is limited to a narrow range of retail services and convenience goods and services.  This district also is intended for areas where large business operations are undesirable.
      (2)   Permitted principal uses. Property and buildings in a B-1 Neighborhood Business District shall be used for the following purposes.
         (a)   Grocery stores and food markets including specialty foods such as bakery goods, delicatessen goods, and meats.
         (b)   Restaurants and delicatessen sandwich shops (no drive-through window service).
         (c)   Fruit markets.
         (d)   Drugstore including fountain service, book and reading matter, tobacco, vanity goods, and pharmacy.
         (e)   Barber shops and beauty shops.
         (f)   Shoe repair shop.
         (g)   Branch laundry or dry cleaning collection stations where no laundering or cleaning is to be done on the premises and self-service laundry.
         (h)   Churches and related activities.
      (3)   Permitted accessory structures and uses.
         (a)   Garage or other storage building not used as a dwelling and incidental to the principal use.
      (4)   Conditional uses.
         (a)   Offices and other retail businesses or services not listed above shall be considered conditional use and will require written approval of the Board of Zoning Adjustments.  The Board shall grant such approval if it determines that the proposed use is essential to the convenience of the neighboring residents.
         (b)   Public facilities such as libraries, parks, and recreational facilities.
         (c)   Planned-development projects.
         (d)   One dwelling unit for owners, operators, or employees of a permitted use provided that such dwelling unit shall be a part of the building and located above or to the rear of such permitted use.
         (e)   Outdoor storage of merchandise and outdoor processing.  All above-ground structures accessory to any outdoor use shall be located at least 25 feet from any public street right-of-way line.
         (f)   Transient businesses as prescribed in §§ 156.100 et seq. and mobile food vendors.
         (g)   Bar/taverns, service stations, financial services, personal improvement services such as gyms, cultural services, and day care services.
      (5)   Prohibited uses.
         (a)   Anything not listed above is prohibited and no use shall be permitted by the Board of Zoning Adjustments as a conditional use which would be detrimental to the development of other neighborhood businesses or residents.
         (b)   Dwelling units except as provided herein.
         (c)    Adult-oriented businesses.
         (d)   Nightclubs.
      (6)   Lot, yard, and height regulations.
         (a)   Minimum lot size. No limitation.
         (b)   Minimum lot frontage on a public street: 75 feet.
         (c)   Minimum front yard.
            1.   35 feet
            2.   Corner lots shall have a minimum of 25 feet for the yard facing the secondary street.
         (d)   Minimum side yard. No limitation.  (See division (A)(6)(h) below.)
         (e)   Minimum rear yard. 25 feet.
         (f)    Maximum lot coverage.  No limitation.
         (g)   Maximum height of any portion of a building.  35 feet.
         (h)   Business uses adjacent to residential districts.  All non-residential uses which are located on lots adjacent to a residential district shall maintain a minimum setback requirement for all structures of 25 feet in the side or rear yard adjacent to the residential district and § 156.052 shall apply.
   (B)   B-2 Highway Business District and B-3 Central Business District.
      (1)   Intent.
         (a)   B-2.  This district is intended for a wide range of general retail business.  Districts in this category are intended to include areas where commercial development has, or is, displacing residential development, or is moving in on vacant lands.  Regulations are designed so as to discourage formation of future commercial slums, to preserve the carrying capacity of the streets, and to provide for adequate off-street parking.  It is not the intent of this district to encourage the extension of strip commercial areas, but rather to provide concentrations of general commercial activities, and also to provide areas in which the principal use of land is devoted to commercial establishment which cater specifically to the needs of motor vehicle-oriented trade.
         (b)   B-3.  This district forms the central center for commercial, financial, professional, governmental and cultural activities.  The intent here is to protect and improve the central business district for the performance of its primary functions.
      (2)   Permitted principal uses. Refer to § 156.045 Use Classification Table.
         (a)   Any use permitted in the B-l Business District with the exception that restaurants in a B-2 zone are allowed to have drive thru window.
         (b)   Place of indoor amusement and assembly and clubs and lodges.
         (c)   Religious assembly.
         (d)   Offices.
         (e)   Hotels, motels and bed and breakfast establishments.
         (f)   New and used car lots, public garages, and other motor vehicle service.
         (g)   Any retail sales or consumer service including the making of articles to be sold on the premises.  Any such manufacturing or processing shall be incidental to a retail business or service and not more than five persons shall be employed in such manufacturing. Storage buildings are permitted in a B-2 zone.
         (h)   Transient businesses as prescribed in §§ 156.100 et seq. and mobile food vendors.
      (3)   Permitted accessory structures and uses.  Garage or other building not used as a dwelling, and incidental to the principal use.
      (4)   Conditional use. Refer to § 156.045 Use Classification Table.
         (a)   Public facilities such as parks and recreational facilities.
         (b)    Planned-development projects.
         (c)   1.   B-2 zones only:  One dwelling unit for owners, operators, or employees of a permitted use provided that such dwelling unit shall be a part of the building and located above or to the rear of such permitted use.
            2.   B-3 zones only:  Single-family and Multi-family residential uses including short-term rentals.
         (d)   Outdoor storage of merchandise and outdoor processing unless meets the standards listed under the definition of Retail Sales and Consumer Services (Outdoor Storage). All above ground structures accessory to any outdoor use shall be located at least 25 feet from any public street right-of-way line.
         (e)    Privately-owned outdoor amusement area.
         (f)   B-2 Adult-oriented businesses.
         (g)   B-3 Storage buildings.
         (h)   B-3 Any restaurant or retail sales business with a drive thru window.
         (i)   B-3 (Within Historic Overlay District only) sidewalk cafes.
         (j)   Plant nursery or a junk yard in a B-2 zone.
      (5)   Prohibited uses.
         (a)   Anything not listed above is prohibited and no use shall be permitted by the Board of Zoning Adjustments as a conditional use which would be detrimental to the development of other businesses.
         (b)   Dwelling units except as provided herein.
         (c)   B-3. Adult-oriented businesses.
      (6)   Lot, yard, and height requirements.
         (a)   Minimum lot size. No limitation.
         (b)   Minimum lot frontage on a public street.  75 feet.
         (c)   Minimum front yard.
            1.   B-2 - 50 feet.
            2.   B-2 - Corner lots shall have a minimum of 25 feet for the yard facing the secondary street.
            3.   B-3 - No limitation.
         (d)   Minimum side yard. No limitation except on corner lots where secondary yard restrictions will apply.
         (e)   Minimum rear yard.
            1.   B-2 - 25 feet.
            2.   B-3 - No limitation.
         (f)   Maximum lot coverage.  No limitation.
         (g)   Maximum height of any portion of building.
            1.   B-2 - 35 feet.
            2.   B-3 - 75 feet.
         (h)   Business uses adjacent to Residential Districts.
            1.   B-2 - All nonresidential uses which are located on lots adjacent to a residential district shall maintain a minimum setback requirement for all structures of 25 feet in the side or rear yard adjacent to the residential district and § 156.052 shall apply.
            2.   B-3 - Same as B-2.
   (C)   B-4 Medium Density Business District.
      (1)   Intent.  To provide
for limited retail business, service and business, and professional offices. The standards of development are intended to protect adjacent residential zones, promote orderly development, and avoid traffic congestion within the surrounding neighborhoods.
      (2)   Permitted principal uses. Refer to Use Classification Table.
         (a)   Any use permitted in the B-1 business district.
         (b)   Financial services.
         (c)   Personal services such as barber and beauty shops.
         (d)   Food sales such as bakeries.
         (e)   Drugstores.
         (f)   Restaurant no drive-thru.
         (g)   Cultural services.
         (h)   Clothing stores.
         (i)   Pet service, photography studio, printing and publishing services.
         (j)   Professional, business, and government offices and laboratories.
         (k)   Religious assembly.
         (l)   Convenience store and service station.
         (m)   Transient businesses as prescribed in §§ 156.100 et seq. and mobile food vendors.
      (3)   Permitted accessory structures and uses.  Garage or other storage building not used as a dwelling and incidental to the principal use.
      (4)   Conditional uses. Refer to Use Classification Table.
         (a)   Public facilities such as libraries, parks, and recreational facilities.
         (b)    Planned-development projects.
         (c)   One dwelling unit for owners, operators, or employees of a permitted use provided that such dwelling unit shall be a part of the building and located above or to the rear of such permitted use.
         (d)   Other limited business uses which the Board of Zoning Adjustments finds to fall within the intent of this zone that will not be more obnoxious or materially detrimental to the public welfare or to property in the vicinity of said uses shall be considered a conditional use.
         (e)   Bar/tavern, restaurant with a drive-thru, personal improvement services, and cultural services.
      (5)   Prohibited uses.
         (a)   No enterprise shall be permitted which produces or causes any dust, smoke, noise, fumes, odors, or vibrations, which are or may be detrimental to other property in the neighborhood or to the welfare of the occupants thereof.
         (b)   Dwelling units except as provided herein.
         (c)    Adult-oriented businesses.
         (d)   Nightclubs.
      (6)   Lot, yard, and height regulations.
         (a)   Minimum lot size. No limitation.
         (b)   Minimum lot frontage on a public street.  75 feet.
         (c)   Minimum front yard.
             1.   35 feet.
             2.   Corner lots shall have a minimum of 25 feet for the yard facing the secondary street.
         (d)   Minimum side yard. 10 feet.
         (e)   Minimum rear yard. 25 feet.
         (f)   Maximum lot coverage.  No limitation.
         (g)   Maximum height of any portion of building.  35 feet.
         (h)   Business uses adjacent to residential districts.
            1.   All non- residential uses which are located on lots adjacent to a residential district shall maintain a minimum setback requirement for all structures of 25 feet in the side or rear yard adjacent to the residential district.
            2.   All non- residential uses which are adjacent to a residential use located within the B-4 Zone are required to erect screening in accordance with § 156.052.
(Ord. 794, passed 12-22-83; Am. Ord. 89-890, passed 4-27-89; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 91-952, passed 7-25-91; Am. Ord. 93-1006, passed 7-22-93; Am. Ord. 97-1127, passed 9-26-97; Am. Ord. 98-1174, passed 12-28-98; Am. Ord. 2005-1373, passed 3-24-05; Am. Ord. 2008-1457, passed 2-28- 08; Am. Ord. 2012-1597, passed 12-13-12; Am. Ord. 2019-1789, passed 10-24-19)    Penalty, see § 156.999