SECTION 10.3 COMMERCIAL DISTRICT

   A.   DISTRICT DEFINED:

      1.   Central Business District Zone - the CBD Zone is designed to permit the development of a complete range of retail sales and personal, professional, and business services required to meet the demands of a fully developed community. In general, to achieve maximum flexibility of permitted land use, the CBD Zone makes possible a highly varied grouping of retail and business functions.

      2.   Neighborhood Commercial Zone - the NC Zone is created to provide for local or neighborhood business uses that will be compatible with adjoining residential areas. The NC Zone is designed to provide for commercial, office, public and semi public structures, which are to be typically much less commercial in appearance and architecturally more harmonious with residential structures. This zone can serve as a buffer between residential areas and general business districts (such as the CBD or Shopping Center Areas) where a gradual transition from existing residential use to general business use is occurring or should occur.

      3.   Shopping Center Zone - the SC Zone is designed to permit the development of a complete range of retail sales and personal, professional, and business services required to meet the demands of the community and larger region. This zone provides for commercial uses that are compatible with the existing commercial character of outlying highways and arterials.

      4.   Professional Office Zone - the PO Zone is designed to allow a "mix" of business and professional office establishments with existing dwellings along major thoroughfares that are undergoing a transition in use from residential to higher intensity commercial and office uses. The purpose of this Zone is to allow for extensive rehabilitation of residential structures for business and professional office purposes.

      5.   Riverfront District - the RFD is designed to capitalize on proximity of the Ohio River. A mixture of office and residential high-rise buildings along with supporting retail establishments are to be encouraged in this district. This district encompasses the area between 3rd Street and the riverfront.

      6.   Central Business District Fringe - the CBDF District is designed as a transitional zone that encourages appropriate conversion and adaptive reuse of existing residential structures for mixed uses; including office, residential and retail. This district encompasses the 11th Street corridor and neighborhoods on the perimeter of the existing CBD.

   B.   PERMITTED USES:

      The permitted uses for each zone are shown in the following Table. Uses listed for the six commercial zones shall be according to the common meaning of the term or according to definitions given in this Ordinance. Uses not specifically listed or defined herein shall not be permitted.

TABLE 6
PERMITTED AND CONDITIONAL USES: COMMERCIAL ZONES

NOTE: P signifies permitted use; X signifies not permitted; C signifies conditional uses.

DISTRICTS
CBD	NC	SC	PO	RFD	CBDF	1. RETAIL CONVENIENCE GOODS AND/OR SERVICE ESTABLISHMENTS
P	P	P	X	P	P	A. Art supplies, Candy Store, Drug Store, Hardware Store and/or Garden Supplies, Florist, Grocery, Retail Bakery Sales or other food Store, Lunch Counter or Soda Fountain, Delicatessen or Restaurant (excluding Drive-Ins) and Bookstore.
P	P	P	P	P	P	B. Outdoor dining areas as an accessory to Indoor dining and excluding use of the right-of-way.
X	X	P	X	X	X	C. Drive-In Restaurants or Premises used for the sale, dispensing or serving of food or beverages outdoors or where customers may serve themselves or carry out and consume the food refreshments or beverages on the premises.
X	C	P	X	X	X	D. Gasoline Service Station, Tire and Auto Service Center, limited to indoor service bays only.
X	C	C	X	X	X	E. Convenience Stores with Retail Gasoline Sales.
						2.   PERSONAL SERVICE ESTABLISHMENTS
P	P	P	P	P	P	A. Barber Shops, Beauty Shops, Funeral Homes, Dry Cleaning and Laundry Pick-up Stations, Radio and Television Service, Photography Studio and Travel Bureau.
X	X	P	X	X	X	B. Pawn Shop, Rent to Own Stores
						3.   GOVERNMENT SERVICES
P	P	P	P	P	P	A. Library, Post Office, Police and Fire Stations, City and County Buildings, Courthouses and related services.
CBD	NC	SC	PO	RFD	CBDF	4.   PROFESSIONAL SERVICE ESTABLISHMENTS
P	P	P	P	P	P	A. Advertising Agencies, Accountants, Architects, Engineers, Interior Decorators, Planners, and Surveyors; Banks and other Financial Institutions; Employment Agencies; and related offices or services including Blueprinting/Photocopying and Job Printing.
						5.   MEDICAL AND HEALTH CARE SERVICES
P	P	P	P	P	P	A. Physicians, Dentists, Eye Care Professionals and related offices.
X	P	P	P	C	P	B. Laboratories including medical, dental and optical.
P	P	P	P	P	P	C. Fitness Centers such as Health Clinics and Health Spas.
						6.   SHOPPING OR DURABLE GOODS ESTABLISHMENTS including
P	X	P	X	P	P	A. Antiques, Wearing Apparel and Accessories Stores, Shoe Stores, Dry Goods, Fabric Shop, Stationer, Gift Shop, Photographic Supplies, and Hobby Shop; Records, and Musical Instrument Stores; Sporting Goods and Bicycle Stores; (Pet Shop, including Grooming Shop and Obedience School Music, Paint, Wallpaper and Floor Coverings not permitted in RFD); and Variety Stores.
P	X	P	X	P	P	B. Department Stores, Discount Stores, Major Appliances, and Furniture; Glass, China and Pottery Store; Jewelry Store; Leather Goods and Luggage Store; and, Office Appliances and Supplies.
						7. INDOOR COMMERCIAL AMUSEMENT RECREATION AND ENTERTAINMENT
P	X	P	X	P	C	A.    Theater, Bowling Alley, Gymnasium, Tennis Facilities, Roller or Ice Skating Rink, Lodge.
X	X	X	X	P	X	B.   (Cinemas, Aquariums, Cybertainment, and Virtual Reality Facilities, Indoor/Outdoor Music Venue, and Temporary Festivals).
P	X	P	X	X	X	C.   Tavern
P	X	X	X	X	X	D.   Charitable gaming, with approved license, permitted in CCO District only.
C	X	X	X	P	P	E.   Micro-brewery, micro-distillery
C	X	P	X	P	X	F.   Commercial Event Center (only within an existing structure in the CBD and CBDF Zones)
X	P	P	X	X	C	8.   AUTOMOBILE AND BOAT PART SALES
X	P	P	X	X	X	9.   AUTOMOBILE SERVICE
X	C	P	X	X	X	10.   AUTOMOBILE SALES NEW AND USED, AND REPAIR IN A TOTALLY ENCLOSED BUILDING AND NO LESS THAN ONE-HALF (1/2) ACRE OF LAND
X	X	P	X	X	C	11.    CAR WASH COMPLETELY INDOORS,SELF-SERVICE CARWASH, AUTOMATIC OR SEMI-AUTOMATIC CAR WASH
P	P	P	P	P	P	12.    COMMERCIAL PARKING LOTS AND STRUCTURES
C	X	X	P	X	C	13.    NEWSPAPER OFFICE INCLUDING PRINTING
P	X	P	X	X	P	14.     PACKAGE LIQUOR (EXCLUDING DRIVE-THROUGHS)
P	X	P	X	P	P	15.   WINE STORE (EXCLUDING DRIVE- THROUGHS)
P	P	P	X	X	P	16.    TEMPORARY SEASONAL USES SUCH AS CHRISTMAS TREE SALES, NURSERY PLANTS, FRUIT STAND COMPLETELY UNDER SHELTER
P	P	X	P	X	P	17.    VETERINARIANS
P	X	P	P	P	P	18.    SCHOOLS TEACHING PHOTOGRAPHY, DANCE MUSIC, ART, LANGUAGE, TRADES INCLUDING BARBER AND BEAUTICIAN SCHOOLS
P	X	P	P	X	P	19.    MASS TRANSIT TERMINALS INCLUDING BUS AND TAXI SERVICES
P	X	X	X	X	X	20.   AUCTIONS
C	X	X	C	P	X	21.   HOTEL/MOTEL
P	X	X	X	X	X	22.    ADULT ENTERTAINMENT
X	X	X	C	C	X	23.    RADIO STATION AND TV STATION
X	X	X	X	X	C	24.    BOAT SALES NEW AND USED, SERVICE AND REPAIR IN A TOTALLY ENCLOSED BUILDING
C	X	X	X	P	P	25.    RESIDENTIAL - IN CBDF ONLY SINGLE AND TWO FAMILY USES ARE PERMITTED. ANY MULTI-FAMILY UNITS IN THE CBDF MUST BE APPROVED BY THE BOA. TWO FAMILY UNITS REQUIRE 4,000 SQUARE FEET LOT SIZE MINIMUM, MULTI-FAMILY IS PERMITTED IN CBDF (CCO) AND SUBJECT TO DEVELOPMENT PLAN REVIEW.
X	X	P	X	X	P	26.    TOOL AND EQUIPMENT RENTAL AND/OR SALES, EXCEPT THAT IN THE CBD ZONE THERE MUST BE A MINIMUM LOT SIZE OF ONE-HALF (1/2) ACRE
X	X	X	X	X	X	27.   PUBLIC/PAROCHIAL SCHOOL FACILITIES
P	P	P	P	P	P	28.   LIBRARIES
X	X	P	X	X	X	29.   FOOD CARTS
P	X	X	X	X	X	30.   FREE STANDING WALK-UP ATM’S WITHOUT A PRIMARY BUILDING

 

   C.   ACCESSORY USES:

      1.   The following accessory uses are permitted in all commercial zones:

         a.   Customary accessory buildings and uses.

         b.   Fences and walls as regulated by Article XII of this Ordinance.

         c.   Signs as regulated by Article XV of this Ordinance.

      2.   In the Professional Office Zone, uses as listed below, included within and entered from within any building permitted in this zone as a convenience to the occupants thereof, and their customers, providing such accessory uses shall not exceed ten percent (10%) of the gross floor area of the permitted uses in the building and no exterior advertising displays for any accessory uses shall be visible from outside the building:

         a.   Barber Shop

         b.   Beauty Shop

         c.   News and confectionery stands.

         d.   A prescription pharmacy

         e.   Coffee shop or refreshment stand

      3.   Within a master planned development where the principle use is office, development will allow residential and commercial uses to occupy up to 20% each of the total square footage. Any desire to increase on this percentage will require a conditional use permit from the Board of Adjustments. The office use would still be required to maintain the principle use in the development.

   D.   CONDITIONAL USES:

      1.   In all commercial zones, no building or occupancy permit shall be issued for any conditional use nor any customary accessory building or uses shall be permitted until and unless the location of said use shall have been applied for and approved by the Board of Adjustment as set forth in Section 9.13 of this Ordinance.

   E.   AREA AND HEIGHT REQUIREMENTS: commercial zones shall be subject to the area and height requirements as shown in the following table:

TABLE 7 AREA AND HEIGHT REQUIREMENTS: COMMERCIAL ZONES
	Min. Lot Area	Min. Lot Width	Min. Front Yard	Min. Side Yard Width	Min. Rear Yard Depth	Max Bldg. Height	Min. Bldg. Site Area
	SQF	LF	LF	LF	LF
DISTRICTS:
CBD	5,000*	50	15**	***	NA	NA	NA
NC	5,000*	50	25	***	15	40	NA
SC	NA	NA	50	50	50	40	5 acres
RFD	****	****	****	****	****	****	NA
PO	****	****	****	****	****	****	NA
CBDF	2,500	25	15	***	NA	40	NA
CBD, CBDF (CCO)	****	****	****	****	****	****	****

   *   In the case of these zones, more than one (1) principal building as defined herein, may be permitted on one lot.

   **   Minimum Front Yard Depth for the CBD Zone shall be fifteen (15) feet for buildings five (5) stories or less in height. One (1) additional foot of front yard depth shall be required for each additional story over five (5). Where the front yard depth varies for existing buildings in the CBD Zone, new buildings shall maintain the average depth represented within 200 feet on either side of the property on which a new building is to be constructed.

   ***   Minimum Side Yard Width shall be as follows in the CBD and NC Zone:

      a.   For buildings five (5) stories or less in height no restrictions except when adjacent to a street, road, highway or other right of way, where the required width shall be the same as required for a minimum front yard depth in this zone. When buildings abut each other, firewall construction, as required by the Newport Building Code, shall be required. In the event a side yard is provided it shall never be less than fifteen (15) feet wide.

      b.   For buildings six (6) stories in height a fifteen (15) foot minimum side yard width shall be required.

      c.   For buildings containing more than six (6) stories, a fifteen (15) foot minimum side yard width plus one (1) additional foot for each additional floor over six (6) shall be required.

      LF   Linear Foot

      SF   Square Foot

   ****   Subject to Development Plan approval

   F.   OTHER DEVELOPMENT CONTROLS:

      1.   All Commercial Zones shall be governed by the following additional development controls:

         a.   Off street parking and loading shall be provided in accordance with Articles XIII and XIV of this Ordinance.

         (b)   (1)   No outdoor storage of any material shall be permitted in this zone except within enclosed metal containers.

         (b)   (2)   Dumpsters are to be totally enclosed in board or brick fencing.

         c.   No lighting shall be permitted which would glare from this zone onto any street, road, highway, and deeded right of way or into any adjacent property.

         d.   Where any yard of any permitted use in Commercial Zones abut property in a residential zone, a minimum yard requirement of ten (10) feet for each side and/or rear yard which abuts said zone shall be provided, and screened in accordance with the requirements of Section 9.16 of this Ordinance.

         e.   A development plan, as regulated by Section 9.19 of this Ordinance, shall be required for any use permitted in this zone, except when development is proposed under the Planned Unit Development (PUD) regulations as regulated by Section 9.23 of this Ordinance.

         f.   No use producing objectionable noise, odors, or dust shall be permitted within five hundred (500) feet from the boundary of any residential zone.

         g.   All business activities permitted within this District shall be conducted within a completely enclosed building with the exception of off street parking and loading and/or unloading areas, temporary seasonal businesses, automotive sales lots, tools and equipment rental and sales, and boat sales, with the exception of outside dining areas.

      2.   Where permitted, an adult bookstore, adult entertainment establishment and an adult theater are subject to the following locational requirements in commercial zones:

         a.   No adult bookstore, adult entertainment establishment, or adult theater, as defined herein, shall be located within three hundred (300) feet of any other such use, or located within three hundred (300) feet of the boundaries of any residential zone, or three hundred (300) feet from existing residential areas defined for the purpose of this Section as a block frontage developed with fifty percent (50%) or more residential uses; or located within one thousand (1,000) feet of any permanent structure used as a church or place of religious worship, or located within two thousand (2,000) feet of any public or parochial school.

         b.   All existing operational adult businesses, which do not presently meet any or all of the locational requirements, shall be deemed a non conforming use.

         c.   Such restriction as to linear distance requirements as between or among adult bookstores, adult entertainment establishments, or adult theaters, shall apply to compartmentalized buildings or structures, the same as if such compartmentalized buildings or structures were a one (1) building structure. Such restriction, as related to distance requirements, shall be enforced in any and all directions, including but not limited to, north, south, east, west, and where vertical or horizontal distance measurements are required, such restrictions shall likewise apply.

         d.   The measurement of distance as provided for herein shall be measured in a straight line from and to the nearest points of the respective properties as referred to herein.

         e.   No portion of any wall of any building which separates an adult bookstore, adult entertainment establishment or adult theater from any other business activity shall be remodeled or altered in any manner to permit access to or viewing of adult bookstores, adult entertainment establishments or adult theaters in an adjoining or adjacent building.

(Am. Ord. O-2010-013, passed 7-12-2010; Am. Ord. O-2010-014, passed 7-12-2010; Am. Ord. O-2011-001, passed 2-28-2011; Am. Ord. O-2011-015, passed 8-29-2011; Am. Ord. O-2013-010, passed 8-19-2013; Am. Ord. O-2019-023, passed 9-23-2019; Am. Ord. O-2020-006, passed 3-10-2020; Am. Ord. O-2020-015, passed 9-21-2020)