§ 152.094 REQUIRED CONDITIONS.
   (A)   No zoning certificate shall be issued for a use within the B-1 District, until the applicant shall have certified to the Zoning Inspector that the requirements of division (B) have been satisfied.
   (B)   (1)   The business activity will be conducted wholly within a completely enclosed building, except fuel pumps for automobile service stations. No outdoor dismantling, wrecking, or storage of automotive vehicles, parts, or accessories shall be permitted;
      (2)   The business establishment shall not offer goods, service, food, or beverages or make sales directly to customers in automobiles;
      (3)   All business shall be of a retail or service character;
      (4)   No manufacturing, processing, packaging, repair, or treatment of goods shall be carried on, except when incidental or accessory to the performance of services or the sale of goods to the public on the premises;
      (5)   Exterior lighting shall be shaded whenever necessary to avoid casting direct light on any other property or on any public street;
      (6)   All premises shall be furnished with all-weather hard surface walks of a material such as bituminous or portland cement concrete, wood, tile, terrazzo, or similar material, and, except for parking areas, the grounds shall be planted and landscaped;
      (7)   Where the property lines separate a business district from a residential district, a visual and mechanical barrier, a minimum of six feet in height, shall be provided along the common line, which may consist of any of the following:
         (a)   An evergreen hedge used with a chain link fence. Such hedge shall not be less than three feet in height;
         (b)   A solid fence of a nondeteriorating material; or
         (c)   Masonry wall;
      (8)   No noise from any operation conducted on the premises, either continuous or intermittent, shall violate the provisions §§ 152.240 through 152.245;
      (9)   No emission of toxic or noxious matter, which is injurious to human health, comfort, or enjoyment of life and property or to animal or plant life shall be permitted. Where such emissions could be produced as a result of accident or equipment malfunction, adequate safeguards considered suitable for safe operation in the business involved shall be taken;
      (10)   The emission of smoke or other air pollutants shall not violate the standards and regulations of the Montgomery County Combined General Health District. Dust and other types of air pollution borne by the wind shall be kept to a minimum by appropriate landscaping, paving, or other acceptable means;
      (11)   There will be no emission of odors or odor-causing substances which can be detected without the use of instruments at or beyond the lot lines; and
      (12)   There will be no vibration which can be detected without the use of instruments at or beyond the lot lines.
      (13)   No fence shall be erected except as in compliance with the provisions of § 152.182 of this Code, with the following additional provisions: No fence except a privacy fence may be erected between adjacent property owners if both property owners are operating a business.
('80 Code, § 152.094) (Ord. 94-14, passed 7-5-94; Am. Ord. 2000-18, passed 6-20-00; Am. Ord. 2005-17, passed 1-3-06) Penalty, see § 152.999