Section
1274.01 Establishment; locations
1274.02 Permitted uses
1274.03 Conditionally permitted uses
1274.04 Area and bulk requirements
Cross-reference:
Appeals and variances, see §§ 1264.06 et seq.
Fences in business districts, see § 1462.13
General exceptions, see Ch. 1298
Nonconforming lots, uses and buildings, see Ch. 1292
Official Zoning Districts Map, see § 1266.04
Off-street parking and loading, see Ch. 1294
Planned unit developments, see Ch. 1290
Signs in business districts, see § 1480.01
Supplementary parking spaces in business districts, see § 1294.02
Supplementary regulations, see Ch. 1296
Zoning certificates, see §§ 1262.03 et seq.
Statutory reference:
Municipal zoning, see R.C. §§ 713.06 et seq.
The B-1 Neighborhood Business District is established to encourage the grouping of small individual retail establishments to promote convenience in serving the daily needs of persons living in adjoining residential areas. Those groups of establishments generally occupy sites that are in close proximity to the residential population to be served. The commercial establishments allowed in the B-1 Neighborhood Business District will be closely associated with residential, religious and educational land uses at the neighborhood level.
(Ord. 1-91, passed 3-4-1991)
The following uses shall be permitted in the B-1 Neighborhood Business District:
(a) The following retail, personal service and business and professional office uses, provided that a six-foot high obscuring fence is provided on those side and rear yards abutting an R- Residential District and provided, further, that no more than one directional advertisement oriented to each abutting road will be permitted:
(1) Retail stores primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of such goods, including:
A. Hardware stores;
B. Grocery stores;
C. Meat and fish markets;
D. Candy, nut and confectionery stores;
E. Dairy products stores;
F. Retail bakeries;
G. Drug and proprietary stores;
H. Liquor stores;
I. Florists;
J. Toy, gift and book stores; and
K. Pet shops.
(2) Personal service establishments, including:
A. Eating and drinking places (excluding those in the nature of a drive-in);
B. Self-service laundries and dry cleaners;
C. Beauty shops;
D. Barber shops;
E. Shoe repair shops, shoe shine shops; and
F. Pressing, alteration and garment repair.
(3) Business and professional offices, including:
A. Commercial and stock savings banks;
B. Credit agencies;
C. Personal credit unions;
D. Insurance agents, brokers and service;
E. Real estate agents and brokers;
F. Offices of physicians and surgeons;
G. Offices of chiropractors;
H. Legal services;
I. Accountants; and
J. Tax consultants.
(b) Townhouse dwellings, provided that there will be no more than 12 townhouse dwellings in any contiguous group;
(c) Multiple-family dwellings, three stories or less in height, subject to the review and approval of a site plan by the City Planning Commission and subject to the following:
(1) The proposed development shall have one property line abutting an arterial thoroughfare.
(2) A 15-foot wide greenbelt, measured from the lot line, shall be provided on those side or rear yards abutting a one-family or two-family residential development. Such fence or screening devices shall not have any opening except such openings as may be required by the Fire Chief for vehicular or emergency access to the proposed development.
(d) Accessory buildings and uses as regulated in § 1296.01;
(e) Parking and loading as regulated in Chapter 1294; and
(f) All uses permitted in the R-3 Residential District.
(Ord. 8-99, passed 6-7-1999; Ord. 38-2013, passed 12-16-2013)
The following uses shall be permitted, subject to the conditions hereinafter imposed for each use, the provisions of § 1262.05 and the review and approval of the City Planning Commission:
(a) Gasoline service stations, subject of the following conditions:
(1) Such stations shall be used for the sale of gasoline, oil and minor accessories only. No repair work shall be done, including vehicle body repair, painting, tire recapping, engine rebuilding, upholstering, auto glass work and such other activities where the external effects of the activity could adversely extend beyond the property line.
(2) Curb cuts for ingress and egress shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be not less than 20 feet from a street intersection (measured from the intersection of the curb lines) or from adjacent Residential Districts.
(3) The minimum lot area shall be 12,000 square feet, with access drives so arranged that ample space is available for motor vehicles which are required to wait.
(4) The minimum lot width shall be at least 100 feet and pump islands shall be set back at least 15 feet (measured from the street right-of-way line). All buildings and other structures shall have a front yard setback of 50 feet from the street right-of-way line.
(5) Underground storage gasoline tanks shall be located not less than 50 feet from any R-Residential District only.
(6) Construction shall begin within one year from the date of approval by the City Planning Commission.
(7) All lighting shall be shielded from adjacent R-Residential Districts.
(8) Gasoline service stations shall provide a fence at least six feet in height and a greenbelt at least ten feet in width on those side and rear lot lines abutting an R-Residential District.
(9) Abandoned service stations shall be regulated as follows:
A. If any service station shall become abandoned, the service station shall be presumed to be a nuisance affecting or endangering surrounding property values and detrimental to the public health, safety, convenience, comfort or property or general welfare of the community, and shall be abated. For purposes of this division, "abandoned" means a failure to operate the service station for a least three consecutive months.
B. Whenever the Zoning Inspector finds any service station to be abandoned within the meaning of this division, he or she shall give notice in the same manner as a service of summons in civil cases, or by certified mail addressed to the owner of record of the premises at his or her last known address, or to the address to which the tax bills are sent, or by a combination of the foregoing methods, to abate the abandoned condition within 180 days. Such abandoned condition shall be abated either by placing the station in operation in accordance with this Zoning Code, adapting and using the building for another permitted business use, or razing the service station structure, removing the pumps and signs, abandoning the underground storage tanks in accordance with accepted safe practice, as prescribed by the National Fire Protection Association in Appendix "C" to NFPA No. 30, under the supervision of the Bureau of Fire Prevention of the city, and filling depressions to the grade level of the lot. However, if the station is in operation at the time notice is given and remains in operation for 90 consecutive days thereafter, the provisions of this division shall not apply. Further, if a national emergency should be declared, which would curtail the operation of motor vehicles, or if the Council should determine that there exists a state of general economic depression, the provisions of this division shall not apply.
C. Upon failure, neglect or refusal of any owner to comply with the notice to abate the abandonment, the Zoning Inspector shall take such actions as may be necessary to abate the nuisance.
D. Inoperative service stations which do not come within the definition of abandoned service station shall be maintained in accordance with the provisions of this Zoning Code, and the owner shall cut all grass and remove all rubbish and weeds from the premises. The parking of motor vehicles upon the premises shall be prohibited and the owner shall place in the window of such service station a sign at least ten square feet in area notifying the public of this fact. Notwithstanding the fact that any other provision or notice is not complied with by the public, the Zoning Inspector may order the owner of the premises on which any station is in operation for more than six months to install fencing or a barricade which will be sufficient to block motor vehicle access to the property.
(10) If rental trucks and trailers are stored on the premises, a minimum lot area of 12,000 square feet shall be devoted exclusively to service station use. The storage of rental trailers on the premises shall be provided in addition to the minimum lot area devoted to the gasoline service station and such storage space shall be provided behind the setback line of the main building.
(b) Public utility buildings, telephone exchange buildings, electric transformer stations and substations and gas regulator stations, excluding storage yards.
(c) Funeral establishments, provided that an adequate assembly area is furnished off the street and outside the public right-of-way for vehicles to be used in funeral processions.
(Ord. 1-91, passed 3-4-1991)
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