(A) Permitted uses. In any Local or Neighborhood Business Zone, the use of land and buildings shall be limited to any neighborhood retail business or service establishment, supplying commodities or performing services intended primarily for residents of the surrounding neighborhood, such as:
(1) Barber or beauty shop;
(2) Business or professional office;
(3) Clothes cleaning or laundry pick up station;
(4) Self-service laundry;
(5) Delicatessen;
(6) Drug store;
(7) Grocery store;
(8) Meat market;
(9) Convenience and neighborhood commercial centers (excluding wholesale sales);
(10) Family and group day care;
(11) Libraries;
(12) Places of worship;
(13) Police and fire stations, and other government services;
(14) Bed and breakfast facility; and
(15) Similar activities.
(B) Along state and federal highways.
(1) Along state or federal highways, the above permissive uses may be permitted but shall not be limited to supplying commodities or performing services for residents of the neighborhood;
(2) Other permitted uses along state and federal highways, such as:
(a) Antique or gift shop;
(b) Gasoline service stations;
(c) Automobile sales;
(d) Automobile service garages, see the table in § 152.026 of this chapter for required vehicle parking;
(e) Automobile or trailer sales lot;
(f) Commercial parking lot;
(g) Drive-in eating or drinking establishment;
(h) Motel and hotel;
(i) Tourist home; and
(j) Similar businesses.
(3) Automobile body repair shops, but see the table in § 152.026 of this chapter for required vehicle parking;
(4) Mortuary and funeral homes;
(5) Public utility stations;
(6) Restaurants;
(7) Business or financial services;
(8) Light commercial (excluding wholesale sales);
(9) Group care facilities;
(10) Physical fitness centers;
(11) Cultural and fraternal activities;
(12) Rehabilitation centers;
(13) Schools and colleges operated for profit (including commercial);
(14) Vocational and trade schools;
(15) Self-storage warehouses;
(16) Commercial printing and publishing; and
(17) Similar businesses.
(C) Permitted accessory uses. In Local or Neighborhood Business Zones, including those along state and federal highways, the following accessory buildings and uses shall be permitted:
(1) Accessory parking areas;
(2) Other accessory uses customarily incidental to a principal permitted use, including signs attached flat against a building, and elevated signs not exceeding 50 square feet in area per face, provided that these are at least 15 feet from any street right-of-way; and
(3) On and after February 1, 2019, residential townhouses and apartments that are a use that is accessory to a permitted use in divisions (A) or (B) above; provided, that such uses meet all requirements for a habitable dwelling.
(D) Prohibited uses.
(1) Any residential or industrial use except that which is clearly necessary for and incidental to the conduct of a permitted retail business or service of the premises or authorized by division (C)(3) above;
(2) Gambling establishments.
(a) On and after the effective dates of this division (D)(2) on February 2, 2010, gambling establishments shall not be located within 3,000 feet of each other; provided, that on and after May 5, 2021, gambling establishments shall not be located within 6,000 feet of each other.
(b) On and after the effective dates of this division (D)(2) on February 2, 2010, no gambling establishment shall be located within 3,000 feet of any church, place of worship, library, school, community center or publicly owned property designated as a playground, park and under the control of the city; provided, that on and after May 5, 2021, no gambling establishment shall be located within 6,000 feet of any church, place of worship, library, school, community center or publicly owned property designated as a playground, park and under the control of the city.
(c) On and after May 5. 2021. any new gambling establishment not already licensed and in existence in the city shall satisfy the following requirements: it shall be an existing bar or restaurant: it shall have a current business license issued under the authority of § 38.083 of this code of ordinances; and it shall be current and not delinquent in the payment of any municipal fees or taxes.
(d) Upon the annexation into the city of any real property upon which is situated a legally licensed and operating gambling establishment, the use of the property as a gambling establishment, even if a nonconforming use, shall continue until such time as the state’s Lottery Commission repeals, withdraws or takes such other action that invalidates the license or licenses required to allow legal gambling to occur at the gambling establishment.
(3) On and after August 8, 2018, rehabilitation center activities, addiction treatment center activities, food distribution center activities, social service activities, secondary social service activities or homeless shelter activities may not be provided at any structure, whether operated as a social services facility, church, or similar charity, within 1,000 feet of a school, playground, library, athletic field or park, senior citizen living facility, public swimming pool or city park.
(4) On and after August 8, 2018, structures providing rehabilitation center activities, addiction treatment center activities, food distribution center activities, social service activities, secondary social service activities or homeless shelter activities may not be located within 1,000 feet of each other.
(E) Lot areas. In any Local or Neighborhood Business Zone, no lot shall be less than 7,200 square feet.
(F) Lot widths. In any Local or Neighborhood Business Zone, no lot shall be less than 50 feet in width.
(G) Front yards. In any Local or Neighborhood Business Zone, no lot shall have a front yard of less than 20 feet.
(H) Side yards. In any Local or Neighborhood Business Zone, common walls shall be permitted and no side yards shall be required; provided, that where a nonresidential use abuts a residential district, residential requirements must be observed where the property abuts.
(I) Rear yards. In Local or Neighborhood Business Zone, rear yards shall not be less than 20 feet in width.
(J) Building height. In any Local or Neighborhood Business Zone, no building or structure shall exceed three stories.
(K) Off-street parking and loading requirements. In any Local or Neighborhood Business Zone, off-street parking and loading requirements shall be scheduled according to the provisions of the table in § 152.130.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010; Ord. 10-2, passed 3-2-2010; Ord. passed 8-7-2018; Ord. passed 1-15-2019; Ord. passed 5-4-2021)