§ 155.17 BUSINESS DISTRICTS.
   (A)   Intent. Business districts and their regulations are established herein in order to achieve, among others, the following purposes:
      (1)   To provide in appropriate and convenient locations, zoning districts of sufficient size for the exchange of goods and services and other business activities;
      (2)   To provide Convenience Business Districts to serve the needs for convenience goods in outlying areas;
      (3)   To provide General Business Districts to serve the needs for convenience goods in proximity to the immediate neighborhood which do not attract large volumes of traffic;
      (4)   To provide Central Business Districts which require larger land areas, which may be open in evenings and which generate large volumes of traffic serving the needs for shopping and convenience goods and services of the entire community;
      (5)   To establish criteria and procedures for planned business areas so they may be coordinated with surrounding developments;
      (6)   To protect adjacent residential neighborhoods by regulating the types and spacing of business uses, particularly at the common boundaries, which would create hazards, noise, odors or other objectionable influences; and
      (7)   To promote the most desirable land use and traffic patterns in the community.
   (B)   Convenience Business District use regulations (B-1). Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in whole or in part in any local business district only for the uses set forth in the following regulations.
      (1)   Main buildings and uses permitted.
         (a)   Building and uses of the type permitted and as regulated in the nearest adjacent residential district;
         (b)   Retail stores and services conducted wholly within enclosed buildings and devoted to supplying neighborhood needs to the following limited extent:
            1.   The sale of baked goods, confectionery, groceries, meats, fruits, vegetables, dairy products, packaged beverages;
            2.   The sale, serving and consumption of food, ice cream and beverages;
            3.   The sale of drugs, gifts, antique and art goods, flowers, periodicals, musical instruments and supplies, sporting and athletic goods, provided no loudspeakers broadcast onto the streets;
            4.   Personal services such as beauty and barber shops, interior decorating; and
            5.   Laundry agencies and laundromat; tailor, pressing and dry cleaning shops in which only nonexplosive and nonflammable solvents are used; provided that no work shall be done on the premises for retail outlets elsewhere.
      (2)   Similar main uses permitted. Any other neighborhood retail store, shop or service not listed above or in any subsequent use classification, and determined as similar by the Planning Commission in accordance with the standards set forth in § 155.50(H). Main uses enumerated in a General Business District except motels, assembly halls, mortuaries, bus passenger stations and hotels may be permitted in a Local Business District provided a conditional use permit is granted in accordance with the standards of § 155.50(G).
      (3)   Accessory uses permitted. Any accessory use such as storage of goods or processing operations which are clearly incidental to conducting a retail business, office or service establishment, which is permitted as a main use, provided such a use has no injurious effect on adjoining residential district.
   (C)   General Business District use regulations (B-2). Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in whole or in part in any General Business District only for the uses set forth in the following regulations:
      (1)   Main buildings and uses permitted.
         (a)   Building and uses of the type permitted and as regulated in the nearest adjacent residential district;
         (b)   Office buildings and offices professional, financial, governmental, public utility, sales, executive and administrative;
         (c)   Retail stores and services conducted wholly within enclosed buildings and devoted to supplying neighborhood needs to the following limited extent:
            1.   The sale of baked goods, confectionery, groceries, meats, fruits, vegetables, dairy products, packaged beverages;
            2.   The sale, serving and consumption of food, ice cream and beverages;
            3.   The sale of drugs, gifts, antique and art goods, flowers, periodicals, musical instruments and supplies, sporting and athletic goods, provided no loudspeakers broadcast onto the streets;
            4.   The sale of wearing apparel, shoes, hats, clothing, fabrics;
            5.   The sale of hardware, tools, paint, garden supplies and household appliances;
            6.   Personal services, such as beauty and barbershops, interior decorating;
            7.   Laundry agencies and laundromat; tailor, pressing and dry cleaning shops in which only nonexplosive and nonflammable solvents are used; provided that no work shall be done on the premises for retail outlets elsewhere;
            8.   Repair services, such as shoe and hat, radio and television, household appliances; and
            9.   Service stations and automotive services limited to lubrication and minor repairing to tires, batteries, ignition, and cooling system may be permitted provided a conditional use permit is granted in accordance with the standards set forth in § 155.50(G).
      (2)   Retail sales in open yards. Retail sales in open yards shall be permitted to the following limited extent: garden equipment and supplies, garden furniture, nursery stock, and monuments may be sold on an open lot provided the operation is in connection with an established related business conducted within a store building or retail greenhouse, not more than 150 feet therefrom and provided the sales in open yards comply with the setbacks established in division (G) below.
      (3)   Similar main uses permitted. Any other neighborhood retail store, shop or service not listed above or in any subsequent use classification, and determined as similar by the Planning Commission in accordance with the standards set forth in § 155.50(H). Main uses enumerated in a Central Business District except motels, assembly halls, mortuaries, bus passenger stations and hotels may be permitted in a General Business District provided a conditional use permit is granted in accordance with the standards of § 155.50(G).
      (4)   Accessory uses permitted. Any accessory use such as storage of goods or processing operations which are clearly incidental to conducting a retail business, office or service establishment, which is permitted as a main use, provided such a use has no injurious effect on adjoining residential district.
   (D)   Central Business District use regulations (B-3). Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in whole or in part of any Central Business District only for the uses set forth in the following regulations:
      (1)   Main buildings and uses permitted.
         (a)   Offices, stores, services, dwellings and other use classifications as permitted in any Convenience or General Business District;
         (b)   Motels and mortuaries;
         (c)   Additional retail business stores and services conducted wholly within enclosed buildings and devoted to supplying the retail business needs of the community to the following extent:
            1.   The sale of all food, frozen food lockers;
            2.   The sale and serving of all beverages, and eating places of all types including dancing and live entertainment; places selling and serving alcoholic beverages, state liquor stores, drive-in establishments if a conditional use permit is granted by the Planning Commission in accordance with the standards set forth in § 155.50(G);
            3.   The sale of all general merchandise, dry goods, variety and department stores;
            4.   The sale of all hardware, appliances, china, furniture, floor and wall covering, business equipment, music, radio and television provided no loud speakers broadcast onto the streets;
            5.   The sale of bicycles, motorcycles, boats, outboard motors, sport and athletic equipment, pet shops;
            6.   Wholesale offices and show rooms with storage limited to samples;
            7.   Automotive sales and services; repair and service garages and used automotive sales lots only if accessory and immediately adjacent to buildings used for the sale of new motor vehicles;
            8.   All personal service establishments without limitations on the number of persons engaged in such work;
            9.   Photographic developing, blue printing, letters, job and newspaper printing, radio or television stations, transmitting towers, telephone exchanges and transformer stations;
            10.   Bus passenger stations, tax stations;
            11.   Hotels; and
            12.   Amusement and recreation services such as assembly and meeting halls, billiard halls, bowling alleys, dance halls, indoor theaters, ice and roller skating rinks, and other social, fraternal, sport or recreational establishments, provided they are conducted within an enclosed building, and sufficiently sound-insulated to confine the noise to the premises.
      (2)   Retail sales in open yards. Retail sales in open yards shall be permitted to the following extent: automotive sales of new and used motor vehicles, provided the operation is in connection with a new-car sales agency located on an immediately adjacent lot, that all vehicles and advertising be located behind a concrete curb or pre-cast barrier at least ten feet from the front lot line, and provided the front yard between the aforesaid barrier, and front lot line is landscaped and maintained attractively.
      (3)   Similar main uses permitted. Any other general business store, shop or service not listed above or in any subsequent use classification and determined as similar by the Planning Commission in accordance with the standards set forth in § 155.50(H).
      (4)   Accessory uses permitted. Any accessory use such as storage of goods or processing operations which are clearly incidental to conducting a retail business, office or service establishment or other permitted main use, shall be permitted provided such an accessory use has no injurious effect on the adjoining residential districts.
      (5)   Ground floors. No persons shall use the ground floor of buildings for habitation or as a dwelling whether that person(s) rent(s) or own(s) the property in the following area: any building which has frontage on the following sections of streets within the village and located within the Central Business District surrounding and encompassing the Village Square: the three blocks of Jackson Street and the three blocks of Perry Street which lie between Cherry Street to the West and Water Street to the East. Also the three blocks of Williams Street and the three blocks of Main Street which lie between Harrison Street to the South and Caroline Street to the North. See “Exhibit A” attached hereto to Ord. 1593-20 and made a part hereof for a drawing of the area hereinabove described, and said area is hereinafter described as the “Downtown Central Business District” for purposes of this division (D)(5).
   (E)   Area regulations. In any business districts, buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in whole or in part only in accordance with the following schedule:
 
Main Use
Business District
Minimum Lot Area
Minimum Lot Width
Dwelling
All
In accordance with adjacent residential district
In accordance with adjacent residential district
Motel
General Business
400 sq. ft./rental unit
150 ft.
Service station
All
15,000 sq. ft.
100 ft.
 
   (F)   Land coverage.
      (1)   (a)   In any Convenience Business District, notwithstanding any other provisions of this zoning code, the land area occupied by main and accessory buildings shall not exceed 50% of the total area of the parcel being developed.
         (b)   In any General or Central Business District, such percentage of building coverage may be increased in the Planning Commission finds that by providing the required number of accessory parking spaces on an adjacent parcel within a walking distance of 250 feet from the main building, the off-street parking and loading facilities requirements set forth in § 155.30 will be satisfied.
      (2)   Whenever the required accessory off-street parking facilities are proposed to be located on a parcel other than the one occupied by the main building served, the Planning Commission may require a copy of the agreements covering such an arrangement as set forth in § 155.30.
   (G)   Yard regulations. In any business district, buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in whole or in part only in accordance with the following schedule and regulations:
      (1)   Yards for dwellings. The yard requirements established for the adjacent residential districts shall apply to the buildings, or the parts thereof, used for dwelling purposes; however, dwellings which are nonconforming in regard to the area of yard regulations on the effective date of this chapter, may be continued to be used in accordance with the provisions of § 155.32;
      (2)   Schedule of yards and setbacks for business uses. In any business district the yards shall be not less than set forth in the following schedule:
Use
Front Yard and Setback (ft.)
Side Yard
Rear Yard
Abutting Resident. Dist. (ft.)
Abutting Non- Resident. Dist. (ft.)
Abutting Resident. Dist. (ft.)
Abutting Non- Resident. Dist. (ft.)
Use
Front Yard and Setback (ft.)
Side Yard
Rear Yard
Abutting Resident. Dist. (ft.)
Abutting Non- Resident. Dist. (ft.)
Abutting Resident. Dist. (ft.)
Abutting Non- Resident. Dist. (ft.)
District: Convenience Business
Stores and services
20
10
None or minimum 6 ft. between buildings
10
10
Parking areas
10
5
5
District: General Business
Offices, stores and services
15
10
None or minimum 6 ft. between buildings
10
10
Parking areas
10
5
5
District: Central Business
Offices, stores, services, mortuaries, amusement and recreation
10
15
None or minimum 6 ft. between buildings
20
20
Sale in open yards
10
5
5
Parking areas
5
5
5
 
      (3)   Supplementary yard regulations. Yards may be used for off-street parking, loading, traffic circulation, illumination, landscaping and signs as regulated in other sections of this chapter.
         (a)   Front yards. Front yards for buildings and uses shall not be less than set forth in division (F) above, and no structure shall be erected in front of such lines unless shown otherwise on the zone map or specifically modified in supplementary regulations.
            1.   Wherever parking areas are proposed in front yards, the Planning Commission may require as a condition of approval, that a front yard depth greater than set forth above is deemed proper to relate the proposed structures to surrounding developments. If parking or sales are permitted in front yards, a concrete curb or pre-cast barrier shall be erected along the parking area or sales area, and the front yard between such line and the public right-of-way shall be landscaped and maintained attractively.
            2.   Gasoline pumps, if constructed and operated as a part of a service station or garage, may, however, be erected in front of the established building line, but not less than ten feet from the front lot line. All driveways, platforms and curbs of the service stations, whether located on a village street, county road or state highway, shall be designed in accordance with the latest revision of the “Regulations Governing Ingress and Egress gas Gasoline Service Stations Fronting on all Highways under State Jurisdiction in Ohio” adopted by the Ohio Department of Highways;
         (b)   Side yards. Whenever a business building is located adjacent to another business building having one or more party walls and a common roof with one or more similar buildings, but individually owned, there shall either be no side yards provided or the buildings shall be separated not less than six feet from the nearest business building;
         (c)   Yard screening and landscaping. Wherever a business building is located on a lot which adjoins a residential district, a side or rear yard of not less than set forth in division (F) above shall be provided, on the business lot, and the Planning Commission may require a wall or fence inside the Business District boundary line to shield adjacent residential areas from parking lot illumination, headlights, fumes, heat, blowing papers and dust, and to reduce the visual encroachment of business buildings, signs and activity. The area between such wall or fence and the property line shall be treated with plantings to form a permanent landscaped area.
   (H)   Height regulations. The height of any main or accessory building in any Convenience or General Business District shall not exceed 35 feet. The height of any main or accessory building in any Central Business District shall not exceed 50 feet.
   (I)   Parking. Parking in any business district shall be in accordance with the regulations as set forth in § 155.30.
   (J)   Sign regulations. Signs in any business district shall be designed, erected, altered, moved or maintained in whole or in part, in accordance with the regulations as set forth in § 155.31.
(Ord. 656-70, passed 2-16-1970; Ord. 1593-20, passed - -2020)