§ 153.253 NON-RESIDENTIAL ZONING DISTRICTS.

(A) Purpose statement. The following are the purpose statements for each of the city's non-residential zoning districts:

(1) Public Facilities (PF). It is the purpose of the “PF” district to promote the establishment and location of governmental, civic, educational, welfare, and recreational facilities which provide necessary services to the city.

(2) Office Building (OB). It is the purpose of the “OB” district to provide appropriate and convenient locations for the provision of professional and administrative services and similar ancillary uses.

(3) General Business (GB). It is the purpose of the “GB” district to provide appropriate and convenient locations for shopping and convenience goods and services for the entire community which tend to generate large volumes of vehicular traffic.

(4) Support Services (SS). It is the purpose of the “SS” district to provide appropriate and convenient locations for service and related types of minor production and fabricating processes.

(5) General Industrial (GI). It is the purpose of the “GI” district to provide appropriate and convenient locations for the manufacture of products and processes which normally require a large amount of motor vehicle trucking and rail services for the transportation of the raw materials and finished products, but in which dust, smoke, fumes, glare, odors, noise, or other potentially objectionable influences can be controlled.

(B) Permitted Uses.

(1) Table 253-1: Non-Residential Permitted Uses lists the uses allowed within the non-residential zoning districts.

(2) Permitted uses. A “P” in a cell indicates that a use is allowed by-right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this code.

(3) Permitted uses with standards. A “PS” in a cell indicates that a use category is allowed by-right in the respective zoning district if it meets the additional standards set forth in the numerically referenced sections. Permitted uses with standards are subject to all other applicable regulations of this code.

(4) Conditional uses.

a) A “C” in a cell indicates that a use may be permitted if approved through a conditional use permit (see § 153.204: Conditional Use Permits). Conditional uses may be subject to use-specific standards as identified in the last column of Table 253-1: Non-Residential Permitted Uses. Conditional uses are subject to all other applicable regulations of this code.

b) The existence or lack of additional use-specific standards in this code shall not be implied to be the only standards the use is required to meet. Any use that is permitted as a conditional use shall be subject to the general review standards for all conditional uses established in § 153.204(B): Review Factors.

(5) Prohibited uses. A blank cell indicates that a use is prohibited in the respective zoning district.

(6) Numerical references. The numbers contained in the “Additional Requirements” column are references to additional standards and requirements that apply to the use type listed. Standards referenced in the “Additional Requirements” column apply in all zoning districts unless otherwise expressly stated.

(C) Table of permitted uses. Table 253-1: Non-Residential Permitted Uses identifies the list of permitted uses in all the non-residential zoning districts.

TABLE 253-1: NON-RESIDENTIAL PERMITTED USES
P = Permitted PS = Permitted with Standards C = Conditional Use Blank Cell = Prohibited
Use Type	PF	OB	GB	SS	GI	Additional Requirements
Public and Institutional Use Classification
Assisted living, residential care, and skilled nursing facilities	PS					153.253(D)(2)
Cemeteries	C
Community social service facilities	P
Educational institutions	P
Facilities providing post-secondary education in fields of study related to any principally permitted use in the zoning district in which it is located	P	P	P	P	P
Golf courses	C		P
Government buildings	P	P
Group homes and adult group homes	C
Hospitals	C
Libraries	P	P
Multi-household dwelling, age restricted	PS					153.253(D)(9)
Museums	P		P		P
Public parks/playgrounds/play fields/ open space	P	P	P	P	P
Religious places of worship	PS	PS	PS	PS	PS	153.253(D)(13)
Commercial Uses
Animal training, boarding, and pet day care			C	C	C	153.253(D)(1)
ATMs, freestanding		PS	PS	PS		153.253(D)(3)
Automotive fueling stations			PS			153.253(D)(4)
Automotive repair facilities			C	C
Automotive sales (new)			P			153.253(D)(5)
Automotive rental			P			153.253(D)(5)
Automotive washing			C	C
Bars			P
Billiard parlor or pool room			P
Brewery or distillery, macro					P
Brewery or distillery, micro			P	P
Brewery or distillery, nano			P
Building materials, durable goods, carpet, furniture, and appliance sales and distribution			P	P	P
Commercial greenhouses			P	P	P
Commercial studio for dance, music, or similar uses			P	P
Construction and large equipment rental, sales, and service					PS	153.253(D)(7)
Convenience store			P
Dancing and live entertainment, including teen clubs			P
Day care facilities and preschools	C	C	C	C	PS	153.253(D)(10)
Distribution centers				P	P
Dry cleaners			P	P	P
Ecommerce			PS	PS	PS	153.253(D)(6)
Farmers markets			C
Financial institutions		P	P	P
Florist shops			P	P
Food processing				P	P
Funeral homes and mortuaries		P	P
Furniture, flooring, carpeting, and lighting showrooms			P	P
Heating, ventilating, air-conditioning, and plumbing establishments				P	P
Hotels and motels			P
Industrial uses including manufacturing, warehousing, production, etc.				C	PS	153.253(D)(7)
Laboratories		PS	PS		P	153.253(D)(7) and 153.253(D)(8)
Laundry or laundromats			P	P
Medical office, outpatient clinic, and ambulatory health care facilities	C	P	P		C
Meeting facility		P	P
Off-premise advertising sign
Offices		P	P	P	PS	153.253(D)(10)
Park and ride facilities	C	C	C	C	C
Personal services		PS	P	PS		153.253(D)(11)
Private parks/playgrounds/play fields/open space	C	P
Recreation, commercial (indoor)	C	C	P	C	C
Recreation, commercial (outdoor)	C		PS			153.253(D)(12)
Repair establishments for electrical appliances, household appliances, and small consumer convenience appliances				P	P
Restaurants			P
Retail sales			P	PS		153.253(D)(14)
Self-storage facilities				PS	PS	153.253(D)(15)
Sexually oriented businesses			P		P
Shopping centers			P
Solar farms	PS	PS	PS	PS	PS	153.253(D)(16)
Theaters			P
Vehicle storage yard					PS	153.253(D)(7)
Veterinarian offices and animal hospitals		PS	PS	PS		153.253(D)(14)
Non-Residential Accessory Uses
Assembly halls and meeting rooms	P	P	P
Automotive repair facilities in conjunction with automotive sales			P
Automotive sales (used)			PS			153.253(E)(1)
Cellular or wireless communication facilities (co-location)	PS	PS	PS	PS	PS	153.254(A)
Cellular or wireless communication facilities (new towers)	C	C	C	C	C	153.254(A)
Commercial radio, television, or other similar receiving antenna or structure	PS	PS	PS	PS	PS	153.253(E)(2)
Donation drop boxes		PS	PS	PS	PS	153.253(E)(3)
Drive-through structures		PS	PS			153.253(E)(4)
Fabrication			C			153.253(E)
Fences and walls	P	P	P	P	P	153.253(E)(5)
Installation of products purchased on-premises			P	P
Mobile use, food	PS	PS	PS	PS	PS	153.253(E)(6)
Mobile use, medical	PS	PS	PS	PS	PS	153.253(E)(7)
Non-profit recreational areas and facilities	P	P	P	P	P
Off-premise advertising sign
Outdoor dining			PS			153.253(E)(8)
Outdoor sales/display			PS	PS	PS	153.253(E)(9)
Outdoor storage			C	C	C	153.253(E)(10)
Outdoor vending machines		PS	PS	PS	PS	153.253(E)(11)
Parking areas and garages	PS	PS	PS	PS	PS	Off-Street Parking and Loading
Personal services	PS	PS	P			153.253(E)(12)
Portable storage units		PS	PS	PS	PS	153.253(E)(13)
Residences for custodians, guards, or resident managers		C	C	C	C
Restaurants	PS	PS	P			153.253(E)(14)
Retail sales	PS	PS	P	PS	PS	153.253(E)(15) and 153.253(E)(16)
Satellite dish-type antennas	PS	PS	PS	PS	PS	153.253(E)(17)
Signs	PS	PS	PS	PS	PS	Signs
Small cell facilities (co-location)	PS	PS	PS	PS	PS	153.254(A)(14)
Small cell facilities (new towers)	C	C	C	C	C	153.254(A)(14)
Small wind energy turbines (SWETs)	PS	PS	PS	PS	PS	153.253(E)(18)
Solar panels	PS	PS	PS	PS	PS	153.253(E)(19)
Storage structures and accessory buildings	PS	PS	PS	PS	PS	153.253(E)(20)
Temporary clearance retail sales			P	PS		153.253(E)(21)c)1.
Temporary construction trailers	PS	PS	PS	PS	PS	153.253(E)(21)c)2.
Temporary tent sales		PS	PS	PS		153.253(E)(21)c)3.
Waste container enclosures	PS	PS	PS	PS	PS	153.254(E)

(D) Non-residential use-specific regulations.

(1) Animal training, boarding, and pet day care. Animal training, boarding, and pet day care facilities may be permitted under a conditional use permit if the following factors are met:

a) All outdoor run areas of the facility shall be enclosed (uncovered) with a six-foot high privacy fence or wall and shielded from all abutting residential properties.

b) All outdoor run areas of the facility shall not be used between the hours of 10:00 p.m. and 7:00 a.m.

c) Noise levels generated by outdoor runs must be controlled to prevent sound levels beyond the property line, at locations zoned or used for residential purposes, from exceeding 62 decibels between the hours of 7:00 a.m. to 10:00 p.m. and 52 decibels between the hours of 10:00 p.m. and 7:00 a.m.

d) Outdoor run areas and other outdoor pet enclosures shall:

i) Not be located in the front yard;

ii) Comply with the minimum building setback requirements of the district; and

iii) Be located at least 150 feet from any residential zoning district.

(2) Assisted living, residential care, and skilled nursing facilities. Assisted living, residential care, and skilled nursing facilities shall be subject to the following development standards:

a) Minimum lot size shall be five acres.

b) Minimum lot width shall be 300 feet.

c) Minimum front yard and side yard setbacks shall be 50 feet.

d) Minimum rear yard setback shall be 55 feet.

e) Maximum building coverage shall be 25 percent.

f) Minimum green space shall be 50 percent.

(3) ATMs, Freestanding. ATMs that are freestanding shall be subject to the following development standards:

a) Shall be limited to a maximum of 200 square feet.

b) Shall be set back a minimum of 30 feet from any property line.

c) Shall provide sufficient stacking area for a minimum of four vehicles. Stacking spaces shall be regulated by § 153.304: Off-Street Vehicle Stacking Standards.

(4) Automotive fueling stations.

a) Fuel canopies and buildings shall both be set back a minimum of 50 feet from the front lot line.

b) Lubrication, washing, incidental servicing of motor vehicles and all supply and merchandising shall be completely within an enclosed building except as otherwise provided herein.

c) Outdoor sales and display shall be subject to the standards in § 153.253(E)(9): Outdoor Sales/Display.

d) Outdoor storage shall be subject to the standards in § 153.253(E)(10): Outdoor Storage.

e) Electronic fuel price displays shall be subject to the standards in § 153.460(D): Electronic Fuel Price Displays.

f) The parking spaces adjacent to each fuel pump may count towards the parking requirements set forth in Table 302-2: Number of Off-Street Parking Space Requirements.

g) Automotive fueling stations do not include facilities designed for the fueling of semi-trailer trucks.

(5) Automotive sales - new and automotive rental.

a) A principal structure shall be located on the lot.

b) Headlights shall be 100 percent screened from public streets and adjacent property, unless the adjacent property is an automotive sales or rental use.

c) Specific landscaping requirements shall be subject to § 153.404(E): Landscape Requirements for Automotive Sales and Rental Uses.

d) No auctions shall be permitted on the lot.

e) No outdoor speaker systems shall be permitted for uses that abut or are across the street from residential districts or uses.

f) Delivery and loading shall not be permitted from or on a public street.

g) Automotive service or repair, if permitted and approved, shall be performed and conducted inside of a building.

h) No Peer-to-Peer Car Sharing Program as defined in R.C. § 4516.01 may use a public street, on-street parking space, or parking in the public right-of-way as part of the operation of its business.

i) No vehicle used in a Peer-to-Peer Car Sharing Program shall contain advertising or signage in the exterior of the vehicle.

(6) Ecommerce. Ecommerce uses are permitted in the General Business "GB", Support Services "SS", and the General Industrial "GI" zoning districts subject to the following:

a) In the General Business "GB" zoning district ecommerce uses are limited to a maximum of 15,000 square feet in floor area.

b) In the Support Services "SS" zoning district any on-premises retail sales associated with ecommerce uses shall meet the requirements set forth in § 153.253(E)(16): Retail Sales Located in the Support Services "SS" Zoning District.

c) In the General Industrial "GI" zoning district there shall be no on-premises retail sales associated with an ecommerce use.

(7) Industrial performance standards. The following performance standards must be met as a condition precedent to occupancy and use and as a condition to continue occupancy and use for all uses in the General Industrial “GI” zoning district:

a) Enclosures. All permitted main and accessory uses and operations except off-street parking and loading shall be performed wholly within an enclosed building or buildings. All raw materials, finished products, and other equipment shall be stored within enclosed buildings except for the provisions in § 153.253(E)(10): Outdoor Storage.

b) Fire and explosive hazards. The storage, handling, and use of flammable or explosive materials, and all operations in connection therewith, shall be provided with adequate safety and protective devices against hazards of fire and explosion, as well as with adequate fire-fighting and suppression equipment and devices standard in the operation involved.

c) Dust and smoke. The emission of smoke, soot, fly ash, fumes, dust, and other types of air pollution borne by the wind shall be controlled so that the rate of emission and quantity of deposit beyond the lot shall not be detrimental to or endanger the public health, safety, comfort, welfare, or adversely affect property values, and shall not exceed the amount permitted by other codes of the federal, state, county or city governments.

d) Odorous matter. The emission of odorous matter in quantities which produce a public nuisance or hazard beyond the lot occupied by that use shall not be permitted.

e) Toxic or noxious matter. The emission of toxic, noxious, or corrosive fumes or gases which would be injurious to property, vegetation, animals, or human health, on or beyond the boundaries of the lot occupied by that use, shall not be permitted.

f) Noise. The sound pressure level of any operation on a lot, including the operation of auto calls, bells, motor vehicles, sirens, or whistles, shall not exceed the average intensity of the street traffic noise at the nearest residential use, and no sound shall be objectionable due to intermittence, beat frequency, or shrillness.

g) Vibrations. Vibrations which would be perceptible without the aid of instruments shall not be permitted beyond the lot line occupied by the use.

h) Radioactive or electrical disturbance. Radioactive disturbances which would adversely affect any form of life or equipment are prohibited. Electrical disturbances which would adversely affect any form of life or equipment at or beyond the boundaries of the lot occupied by the use are prohibited.

i) Incineration facilities. Incineration facilities emitting neither smoke nor odor may be provided if they are located within the main or accessory building.

j) Waste materials. No garbage, rubbish, waste matter, or empty containers shall be permitted outside of buildings except in covered metal containers awaiting pickup at the rear of the building. Liquid waste shall not be discharged into an open reservoir, stream or other open body of water, or a sewer unless treated or controlled so that the amount of solid substances, oil, grease, acids, alkalines, and other chemicals shall not exceed the amount permitted by other codes of the federal, state, county or city governments. Such waste container enclosures shall be landscaped and screened pursuant to § 153.254(G): Waste Container Screening Requirements.

(8) Laboratories. Laboratories located in the Office Building “OB” and the General Business “GB” zoning district shall be subject to the following development standards:

a) Minimum lot size shall be two acres.

b) Minimum lot width shall be 200 feet.

c) Minimum front yard setback shall be 100 feet.

d) Minimum side yard setback shall be 50 feet when adjacent to a non-residential zoning district and shall be 100 feet when adjacent to a residential zoning district.

e) Minimum rear yard setback shall be 50 feet when adjacent to a non-residential zoning district and shall be 100 feet when adjacent to a residential zoning district.

f) Maximum height shall be 48 feet for the primary structure and 16 feet for any accessory structures.

g) Minimum green space shall be 30 percent.

(9) Multi-household dwelling, age restricted. Multi-household dwellings that are age restricted are permitted in the Public Facilities “PF” zoning district subject to the following development standards:

a) The development must be restricted to residents that are 55 years old or older.

b) Maximum density shall be eight units per acre.

c) The minimum distance between buildings shall be 20 feet.

d) Maximum height shall be 35 feet for the primary structure.

e) Minimum green space shall be 50 percent.

(10) Offices and day care facilities in the General Industrial “GI” Zoning District. Offices and day care facilities located in the General Industrial “GI” zoning district shall be subject to the following development standards:

a) Minimum lot size shall be one acre.

b) Minimum lot width shall be 100 feet.

c) Minimum front yard setback shall be 50 feet.

d) Minimum side yard setback shall be 25 feet when adjacent to a non-residential zoning district and shall be 100 feet when adjacent to a residential zoning district.

e) Minimum rear yard setback shall be 50 feet when adjacent to a non-residential zoning district and shall be 100 feet when adjacent to a residential zoning district.

f) Maximum height shall be 75 feet for the primary structure and 16 feet for any accessory structures.

g) Minimum green space shall be 30 percent.

(11) Personal services. Personal services are permitted in the Office Building "OB" and the Support Service "SS" zoning districts if the following factors are met:

a) There are no more than three employees providing a service at any one time.

b) Any merchandise that is sold on the premises is subordinate to the service being provided.

c) All activities associated with the service must occur completely within an enclosed building.

(12) Recreation, commercial (outdoor). Outdoor commercial recreation uses are permitted in the General Business "GB" zoning district and may be permitted in the Public Facilities "PF" zoning district under a conditional use permit if the following factors are met:

a) All outdoor commercial recreation uses and activities shall be set back a minimum of 100 feet when adjacent to a residential zoning district.

b) Outdoor speakers and any audible electronic devices such as loudspeakers shall be set back a minimum of 100 feet from any residential use.

c) A fence or screen between four and six feet in height shall be constructed along any property line abutting a residential zoning district.

(13) Religious places of worship.

a) Religious places of worship located in the Public Facilities “PF” zoning district shall comply with the standards in Table 253-2: Non-Residential Development Standards Table.

b) Religious places of worship not located in the Public Facilities “PF” zoning district shall conform to the least restrictive regulations from either an office building use in the Office Building “OB” zoning district or the regulations of the district in which they are located as they pertain to lot size, lot width, front, rear, and side yards, building height, and percent of lot occupied.

c) Any signage shall comply with the Signs section.

d) The required minimum number of parking spaces shall be determined as provided by Table 302-2: Number of Off-Street Parking Space Requirements.

e) Recorded easements with nearby property owners may be utilized to supply parking requirements so long as the duration of the easement is for the entire period of time the church will be located on the premises.

(14) Retail sales in the Support Services “SS” Zoning District. Retail sales of garden equipment, garden supplies, garden furniture, nursery stock, monuments, home repair supplies, and home improvement products sold to individual customers, may be sold in an open yard with a conditional use permit, provided that:

a) The operation is in conjunction with an established related retail use conducted within a building;

b) Outside sales, display and storage shall be conducted inside of a fenced enclosure directly attached to the main building unless otherwise permitted by the Planning Commission; and

c) Such fenced enclosure shall be set back from the property line at the same distance as required for buildings.

(15) Self-storage facilities.

a) Minimum lot area for self-storage facilities is two acres.

b) All storage units within a self-storage facility shall gain access from the interior of the building(s) or site. No unit doors shall face an exterior property line.

c) The storage area shall be completely enclosed by a wall, fence, building, or a combination thereof.

d) If the self-storage facility abuts a residential zoned property, the facility shall be set back a minimum of 100 feet.

e) No activities other than rental of storage units and pick-up and deposit of dead storage shall be allowed on the premises. Example of activities prohibited include, but are not limited to:

i) Auctions, commercial, wholesale, or retail sales, or miscellaneous or garage sales;

ii) The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawnmowers, appliances, or other similar equipment;

iii) The operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment; and

iv) A transfer and storage business.

f) Radioactive materials, explosives, ammunition, and flammable or hazardous chemicals shall be prohibited.

(16) Solar farms. Solar farms shall be subject to the following development standards:

a) The minimum lot area shall be five acres.

b) The maximum height of all structures shall be 30 feet.

c) Solar farm structures shall be set back from all property lines and public road rights-of-way at least 30 feet or one and one-half times the height of the structure, whichever is greater. In addition, solar power plant structures must be located at least 100 feet from all residential zoned properties. Additional setbacks may be required to mitigate noise and glare impacts, or to provide for designated road or utility corridors, as designated through the development plan review process.

d) Fencing shall be provided around the perimeter of the solar farm and shall be subject to the regulations in § 153.253(E)(5): Fences and Walls.

e) No operating solar power plant shall produce noise that exceeds any of the following limitations:

i) Fifty decibels, as measured at the property line of any neighboring residentially zoned property.

ii) Sixty decibels, as measured at the property lines of the project boundary.

f) Any solar farm which has reached the end of its useful life or has been abandoned shall be removed.

(17) Veterinarian offices and animal hospitals. Veterinarian offices and animal hospitals shall not have outdoor kennels or exercise yards.

(E) Non-residential accessory use standards. The following are development standards for accessory uses in the office, business, and industrial districts. Business districts shall be the General Business “GB” and the Support Services “SS” districts.

(1) Automotive sales - used.

a) Used automotive sales are permitted when they are located on the same lot as a new automotive sales lot.

b) A principal structure shall be located on the lot.

c) Headlights shall be 100 percent screened from public streets and adjacent property, unless the adjacent property is an automotive sales or rental use.

d) Specific landscaping requirements shall be subject to § 153.404(E): Landscape Requirements for Automotive Sales and Rental Uses.

e) No auctions shall be permitted on the lot.

f) No outdoor speaker systems shall be permitted for uses that abut or are across the street from residential districts or uses.

g) Delivery and loading shall not be permitted from or on a public street.

h) Automotive service or repair, if permitted and approved, shall be performed and conducted inside of a building.

(2) Commercial radio, television, or other similar receiving antenna or structure.

a) The dish, antenna, or structure must be located in the rear yard.

b) The height of the structure may not exceed the lesser of the width or depth of the property as determined by a line bisecting such structure and measured from one side of the property to the other, or from the front property line to the rear at the shortest distance there between. The maximum height allowed is equal to the maximum height of a principal structure in the zone which it is located.

c) The construction shall be of such type as may be required by the city to form a safe and durable structure.

(3) Donation drop boxes. Donation drop boxes are subject to the following development standards:

a) Donation drop boxes shall be maintained in good condition and appearance with no structural damage, dents, holes, or visible rust, and shall be free of graffiti or deformation to the outside painted surface;

b) Donation drop boxes shall be locked or otherwise secured;

c) Donation drop boxes shall contain the following contact information in two inch type visible from the front of each unattended donation box: the name, address, email, and phone number of both the permittee and operator;

d) Donation drop boxes shall be serviced and emptied as needed, but at least every 30 days;

e) The area surrounding the donation drop box shall be free of any junk, debris or other material;

f) A maximum of one donation drop box is permitted per parcel;

g) Donation drop boxes are not permitted to be located in any required drive aisle, parking spaces or buffers and not permitted in any required front yard setback. Drop boxes must be located on a hard paved surface;

h) Donation drop boxes may not be located within 100 feet of a residential district and must not be closer than 400 feet to another donation drop box; and

i) The donation drop box cannot be larger than six feet wide, six feet deep, and eight feet tall. Donation drop boxes must have a lid.

(4) Drive-through structures. Drive-through structures are subject to the following development standards:

a) Drive-through location. All drive-through areas, including, but not limited to, menu boards, stacking lanes, trash receptacles, loudspeakers, drive up windows, and other objects associated with the drive-through area, should be located in the side or rear yard of a property, and shall not cross, interfere with, or impede any public right-of-way.

b) Menu board signs.

i) One menu board sign for each stacking lane in a drive-through facility shall be allowed provided it does not exceed 48 square feet in sign area. Any additional attachments such as pictures or photographs of food and other items shall be included within the maximum sign area.

ii) Menu board signage shall not be included in the total calculated allowed signage for a property.

iii) No menu board shall exceed seven feet in height.

iv) All menu board signs shall be internally illuminated.

c) Drive-through structures shall be subject to the vehicle stacking requirements of § 153.304: Off-Street Vehicle Stacking Standards.

d) The canopy and structure shall be constructed of the same materials used on the building.

e) Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall be set back a minimum of 100 feet from any residential use.

f) A fence or screen between four and six feet in height shall be constructed along any property line abutting a residential zoning district.

(5) Fences and walls. Fence and walls are permitted in all non-residential districts subject to the following conditions:

a) Location.

i) No fence or wall, other than a retaining wall, shall project past the front building line of any principally permitted or conditionally permitted structure.

ii) Fences on corner lots shall not be located in the required setback for the building from the side street line.

iii) If no structure exists on said non-residential property, any fence, wall, or hedge may project past the front building line of the average of the adjacent properties or the minimum front yard setback, whichever is greater.

b) Height. Fences and walls shall not exceed ten feet in height in non-residential zoning districts.

c) Materials.

i) Above ground fences shall not contain an electric charge.

ii) Razor wire is prohibited in the non-residential zoning districts. Chain link type fences, with or without barbed wire, are only permitted in the General Industrial “GI” zoning district.

iii) For the PF, OB, GB, and SS zoning districts, fences shall be constructed out of wood, vinyl, wrought iron, aluminum, or other similar materials subject to approval by the Building Official.

(6) Mobile use, food. Mobile food uses are permitted as a temporary use with the following conditions:

a) Mobile food uses must be located on private property, and with the permission of the property owner. The operator shall have written permission from the property owner to operate on their property. The written permission shall be kept with the vehicle and made immediately available to the city upon request.

b) Mobile food uses are not allowed on residentially zoned property or on property used for residential purposes.

c) Mobile food uses shall be allowed at events located at public parks with the approval of the city.

d) Mobile food uses shall be allowed in the public right-of-way, if the right-of-way is closed in accordance with an approved road closure permit and the use is approved by the city. Vehicles cannot operate on a public sidewalk or park on the side of the road unless it has been closed for an event.

e) Lighting shall be limited to:

i) Vehicle lighting that is required by law.

ii) Lights that are necessary to illuminate the interior of the vehicle or the service counter, if applicable.

iii) Lighting shall not extend above the vehicle and shall be downcast and shielded in such a way to illuminate the vehicle, and the point of sale only.

iv) The lighting shall not directly illuminate an area more than ten feet away from the vehicle.

f) Signage must be attached to the vehicle and may not extend above the roof or beyond the sides of the vehicle.

g) If the public is allowed to enter the vehicle/trailer, it must comply with the State Building Code and ADA accessibility standards.

h) The vehicle shall have all permits and licenses required by the state and Hamilton County to operate. A current copy of the permits and licenses shall be kept at the vehicle and immediately made available upon request. The operator shall comply in all respects with all requirements of state and county law.

i) The vehicle operator shall comply with the follow site standards:

i) The vehicle shall be parked on a paved surface, unless it is located on a public park as approved by the city.

ii) The vehicle shall be located at least 30 feet away from an entrance to a public road.

iii) The vehicle shall not disrupt parking and traffic.

iv) There shall be at least six feet of safe pedestrian passage around the vehicle.

j) Hours of operation shall be limited to between 7:00 am and 10:00 pm.

k) Noise generated by the vehicle and the use shall not become a nuisance. No vehicle shall use or maintain any outside sound amplifying equipment, televisions, or similar visual entertainment devices, or noisemakers, such as bells, horns, or whistles.

l) Overnight parking is not permitted except in the case where the vehicle is associated with the principal use on the property and the vehicle is kept within ten feet of the principal building wall.

(7) Mobile use, medical. Mobile medical uses are permitted as a temporary use with the following conditions:

a) Mobile medical uses must be located on private property, and with the permission of the property owner. The operator shall have written permission from the property owner to operate on their property. The written permission shall be kept with the vehicle and made immediately available to the city upon request.

b) Mobile medical uses are not allowed on residentially zoned property or on property used for residential purposes.

c) Mobile medical uses shall be allowed at events located at public parks with the approval of the city.

d) Mobile medical uses shall be allowed in the public right-of-way, if the right-of-way is closed in accordance with an approved road closure permit and the use is approved by the city. Vehicles cannot operate on a public sidewalk or park on the side of the road unless it has been closed for an event.

e) Lighting shall be limited to:

i) Vehicle lighting that is required by law.

ii) Lights that are necessary to illuminate the interior of the vehicle or the service counter, if applicable.

iii) Lighting shall not extend above the vehicle and shall be downcast and shielded in such a way to illuminate the vehicle, and the point of sale only.

iv) The lighting shall not directly illuminate an area more than ten feet away from the vehicle.

f) Signage must be attached to the vehicle and may not extend above the roof or beyond the sides of the vehicle.

g) If the public is allowed to enter the vehicle/trailer, it must comply with the State Building Code and ADA accessibility standards.

h) The vehicle operator shall comply with the follow site standards:

i) The vehicle shall be parked on a paved surface, unless it is located on a public park as approved by the city.

ii) The vehicle shall be located at least 30 feet away from an entrance to a public road.

iii) The vehicle shall not disrupt parking and traffic.

iv) There shall be at least six feet of safe pedestrian passage around the vehicle.

i) Hours of operation shall be limited to between 7:00 am and 10:00 pm.

j) Noise generated by the vehicle and the use shall not become a nuisance. No vehicle shall use or maintain any outside sound amplifying equipment, televisions, or similar visual entertainment devices, or noisemakers, such as bells, horns, or whistles.

k) Overnight parking is not permitted except in the case where the vehicle is associated with the principal use on the property and the vehicle is kept within ten feet of the principal building wall.

l) The caregivers shall have all permits and licenses required by the state and/or county to operate. A current copy of the permits and licenses shall be kept at the vehicle and immediately made available upon request. The operator shall comply in all respects with all requirements of state, county, and city laws.

m) Hazardous waste shall be contained and disposed of in a manner required by law.

(8) Outdoor dining. Outdoor dining areas are subject to the following development standards:

a) Outdoor dining areas are permitted in any yard.

b) Outdoor dining areas shall not be located in such a manner as to require customers and employees to cross driveways or vehicular use areas to go between the food service area and the principal building.

c) Outdoor dining areas wider than ten feet shall be surrounded by decorative railings or fencing that separates the eating area from the sidewalks or vehicular traffic.

d) Umbrellas that shelter diners from the elements shall be secured so as not to create a hazard in windy conditions.

e) Permanently enclosed outdoor dining areas either by a permanent roof or to expand the existing structure shall meet all the requirements of a building within the applicable zoning district.

f) Outdoor dining areas shall not be located in any required parking or parking area.

g) Outdoor dining areas shall not include the use of visual electronics including televisions and projecting screens that are visible from the public right-of-way.

(9) Outdoor sales/display. Temporary and permanent facilities for outdoor sales/display (e.g., garden supply sales, news and flower stands, and similar uses) that are accessory to another principal use may be permitted upon compliance with the following:

a) Outdoor sales/display areas may be permitted provided that:

i) The merchandise is displayed on the sidewalk or walkway adjacent to the building in the front yard; or

ii) The outdoor sales/display area is in the side or rear yard; or

iii) The outdoor sales/display area, if not located adjacent to the principal building, shall not be located more than 20 feet away from the principal building.

b) Merchandise displayed outside must be eight feet in height or less.

c) The outdoor sales/display area shall not be more than 20 percent of the gross floor area of the principal building.

d) The placement of merchandise shall not interfere with pedestrian movement on any sidewalk or walkway. A minimum of five feet of the sidewalk or walkway shall be clear of merchandise to allow for safe pedestrian movement.

e) Fenced or screened outdoor sales/display areas must incorporate materials, architectural features, and fencing that complements the principal building.

(10) Outdoor storage. The outdoor storage of materials in the commercial and industrial zoning districts, that are not located in an enclosed building, shall be subject to the following:

a) Areas designated for outdoor storage shall only be permitted in the side or rear yard.

b) The outdoor storage shall be incidental to the main use and shall not exceed 20 percent of the gross floor area of the principal building.

c) Outdoor storage shall not include the use of banners, pennants, strings of pennants, or similar decorations. It shall also not include the storage of scrap, rubbish, and discarded material.

d) Outdoor storage areas shall be required to be fully screened with a solid fence, or wall, not to exceed 14 feet in height. The screening shall be constructed of materials similar to or complementary to those materials used on the principal building.

e) Palletized, stackable goods and the structures used for storing or displaying goods shall not exceed the height of the screened area.

f) Fenced outdoor storage areas that are visible from a front yard and/or public drive shall also have a hedge, mounding, or similar landscaping.

g) Outdoor storage areas shall be submitted as part of the development plan depicting the location for said storage.

h) Outdoor storage areas shall be located a minimum of 300 feet from any residential zoning district or use.

(11) Outdoor vending machines. Outdoor vending machines shall be limited to three units per principal building and shall be located adjacent to the principal structure.

(12) Personal services located in the Public Facilities “PF” and the Office Building “OB” Zoning Districts. Personal service uses are permitted as an accessory use in the Public Facilities “PF” and the Office Building “OB” zoning districts when the use is located entirely within and is entered from within the principally permitted use with no outdoor signage.

(13) Portable storage units. Portable storage units are permitted as a temporary accessory use in the office, business and industrial districts and are subject to the following development standards:

a) Portable storage units are only permitted as a temporary use for a period not to exceed 30 days within a one-year period. A permit is required to place a portable storage unit on any premises for a period longer than 14 days.

b) Portable storage units must be located on a paved surface and a minimum of ten feet from the right-of-way.

c) Portable storage units may not exceed a total of 1,200 cubic feet on the interior.

d) If the portable storage unit is being used to store property as a result of a major calamity (e.g. fire, flood, or other event where there is significant property damage), the Building Official or his or her designee may waive the provisions of the subsection.

e) The owner and occupier of the property on which a violation of this section occurs shall be liable for the violation if they knew or should have reason to know of the condition which caused the violation.

f) Storage or any other use in a trailer or non-permanent structure shall not be permitted.

(14) Restaurants located in the Public Facilities “PF” and the Office Building “OB” Zoning Districts. Restaurants are permitted as an accessory use in the Public Facilities “PF” and the Office Building “OB” zoning districts when the use is located entirely within and is entered from within the principally permitted use with no outdoor signage.

(15) Retail sales located in the Public Facilities “PF”, Office Building “OB”, and General Industrial “GI” Zoning Districts. Retail sales are permitted as an accessory use in the Public Facilities “PF”, Office Building “OB”, and the General Industrial “GI” zoning districts when the use is located entirely within and is entered from within the principally permitted use with no outdoor signage.

(16) Retail Sales Located in the Support Services “SS” Zoning District. Retail sales are allowed in the Support Services “SS” zoning district provided that such retail sales do not exceed 20 percent of the total building area.

(17) Satellite dish-type antennas. Satellite dish-type antennas are permitted as an accessory use in the office, business, and industrial districts, and are subject to the following regulations:

a) One satellite dish-type antenna per parcel is permitted.

b) It shall only be located in the rear yard.

c) It shall not exceed 12 feet in height or the height of the primary building on the lot, whichever is less.

d) It shall not exceed 120 square feet of ground area at the base.

e) It shall not project into front or side yards.

f) On corner lots, it shall be set back from the side street not less than the required setback for the primary building on the abutting lot plus an additional five feet.

g) It shall be located not less than 20 feet from any residential dwelling unit.

h) It shall be reasonably screened from any adjacent property with landscaping, mounding, or a combination thereof, but the screening shall not be required to be placed so high in front of the dish as to interfere with reception of the antenna. Any application for a permit to erect such antenna shall include provisions for said screening. Such screening shall be maintained in good condition as long as the antenna remains in place.

i) It shall provide service for only the lot or parcel on which it is located.

j) It shall not be roof mounted on the main or any accessory building.

k) Advertising. The satellite dish apparatus shall bear no advertising, lettering, picture, or visual image other than the manufacturer's name.

l) Maintenance. The satellite dish apparatus shall be properly maintained to prevent both unsightly and unsafe conditions.

m) Exemptions. This section does not apply to the following:

i) Dish-type antennas that are one meter (39.37 inches) or less in diameter and that are designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite.

ii) Antennas that are one meter (39.37 inches) or less in diameter or diagonal measurement and is designed to receive video programming services via broadband radio service (wireless cable) or to receive or transmit fixed wireless signals other than via satellite.

iii) Antennas that are designed to receive local television broadcast signals.

(18) Small wind energy turbines (SWETs).

a) SWETs may be located on lots with a minimum lot area of two acres or more. However, if the proposed turbine is attached to a building and the turbine (to the top of the blades) does not exceed the maximum building height requirement of the applicable zoning district, there shall be no minimum lot requirement.

b) The maximum height of a stand-alone SWET shall be equal to maximum height allowed in the applicable zoning district measured from the natural grade to the top of an extended rotor blade.

c) All portions of a SWET support structure must, at a minimum, meet the setback requirements for the applicable zoning district. SWETs must also be set back a minimum distance equal to 110 percent of the height of the SWET, as measured to the top of the rotor blades, from all lot lines.

d) Only a single turbine shall be permitted on a property. Multiple turbines may be permitted with a conditional use permit if attached to a non-residential building and if the diameter of the rotor is less than six feet.

e) Climbing access to the tower structure shall be limited to:

i) Placing fixed climbing apparatus no lower than ten feet from the ground; and

ii) Placing a six foot fence or shielding around the SWET.

f) SWETs shall be of a scale intended for on-site power consumption and shall not be designed to produce energy to sell to electric providers. This regulation shall not prohibit a property owner that is installing a SWET from connecting to the local electric system if mandated by the electric provider for the purposes of safety.

(19) Solar panels. Solar panels shall be subject to the following standards:

a) Ground-mounted solar panels shall be limited to a maximum height of 16 feet and shall be located in the rear yard.

b) All solar panels must, at a minimum, meet the setback requirements for the applicable zoning district.

c) Roof-mounted solar panels on pitched roofs shall be flush-mounted to the roof and shall not extend higher than the ridgeline of the roof on which they are located.

d) Roof-mounted solar panels on flat roofs shall not project more than six feet above the rooftop surface and shall not exceed the maximum height allowance in the applicable zoning district in which they are located.

(20) Storage structures and accessory buildings. There may be one detached storage structure or accessory building on the same zoning lot with a main building subject to the following:

a) Such accessory building is constructed simultaneously or subsequent to the main building.

b) Detached storage structure or accessory buildings shall only be erected in a rear yard.

c) Detached storage structures or accessory buildings shall not exceed 10 percent of the main building or 750 square feet, whichever is less.

d) A detached storage structure or accessory building shall be at least five feet from the side and rear lot lines except if located adjacent to a residential zoning district or use wherein the detached storage structure or accessory building shall meet the setbacks required for the principle building as identified in § 153.253(F): Non-Residential Development Standards Table.

e) On a corner lot, storage structures must be set back at least the depth of the required front yard setback for the side property line that is adjacent to a right-of-way.

f) Storage structures and accessory buildings shall be constructed out of materials complementary to the materials of the main building, unless otherwise approved by the Planning Commission.

(21) Temporary uses.

a) The Building Official shall have the authority to consider as set forth herein and grant or deny all applications for temporary uses of commercially zoned property.

b) No temporary use permit shall be issued by the Building Official unless it meets all of the following factors:

i) It shall not be materially detrimental or injurious to other uses and properties in the vicinity. The duration and frequency of the proposed use are factors that the Building Official shall consider in this regard, plus such other factors as the Building Official determines to be material.

ii) It shall not create an unreasonable hazard to persons or property. Consideration shall be given to whether the proposed temporary use shall provide adequate space, lighting, parking and traffic circulation.

iii) It shall not unreasonably detract from the character of the district or the vicinity. In this regard, the Building Official shall consider the duration of the proposed temporary use, the area involved and the intensity of the proposed use.

c) In addition to the factors in subsection b) above, the Building Official shall be guided by the following factors:

i) Clearance retail sales may be permitted in the Support Services “SS” zoning district subject to the following factors:

A. Conditions of parking, lighting, traffic circulation and safety are adequate for the accommodation of the sale and all the other uses on that zoning lot.

B. The sale shall have negligible impact upon uses of adjacent and nearby properties.

C. The sale is incidental to a main use on the zoning lot.

D. The duration of all sales on any zoning lot shall not exceed 14 days within any calendar year.

E. All requirements of the Support Services District are met, except that the retail sales area limitations may be exceeded only to the minimum extent necessary.

ii) Construction trailers may be permitted on a construction site provided that the trailer is:

A. Located on the same site or in the same development as the related construction;

B. Not located within a required open space area, landscaping area, or buffer; and

C. Associated with development subject to a valid and open building permit.

iii) Tent sales may be permitted for promotion of special activities subject to the following factors:

A. Tents, canopies and banners may be utilized to the extent they comply with the factors set forth herein.

B. The duration of such sales shall be limited in duration, which in no event shall exceed two consecutive weeks, and frequency, which in no event shall exceed four such events during any calendar year on the same zoning lot.

C. There shall be a minimum of one-month period between the end of one tent sale and the beginning of the next, on the same zoning lot. In addition, the promotion shall be only for the existing owner's or tenant's ongoing commercial retail activity.

d) No temporary use shall be permitted that is not specifically provided for herein or elsewhere in this zoning code.

e) All applications for a temporary use permit shall be in writing on forms provided by the Building Official and made at least 30 days prior to the use for which the application is being made. The application shall consist of a development plan of the zoning lot or reasonably accurate drawings of the zoning lot and the proposed use, and such other accurate information pertaining to the proposed uses as may reasonably be requested by the Building Official. Applications pertaining to signs shall contain the information, drawings and plans required in § 153.461: Temporary Signs. Within 14 days of receipt of such drawings and information, the Building Official shall:

i) Grant the application by issuance of a temporary use permit. Such permit may set forth conditions, including, but not limited to, duration and hours of operation, which control the proposed use set forth in the application if the Building Official determines that such conditions are reasonably necessary to meet the factors set forth herein; or

ii) Deny the application, which denial shall be communicated, along with the reason for denial, in writing. The owner or owner's authorized agent shall have the right to appeal the decision to the Board of Zoning Appeals subject to the requirements set forth in § 153.208: Appeals. If the Building Official has not acted on the application within 14 days of receipt, the application shall be deemed denied.

(22) Used vehicle sales. Used vehicle sales are permitted when they are located on the same lot or adjacent to a new motor vehicle sales lot or directly associated with a new motor vehicle sales establishment.

(23) Fabrication in the “GB” General Business District. Fabrication is permitted as a conditional accessory use within the “GB” General Business District subject to the following:

(a) A maximum of 40% of the gross floor area of the business premise be used for fabrication, with the remaining 60% of the gross building area being used for showroom, sales and office.

(b) All fabrication is for the making of articles to be sold only at retail on the premises.

(c) All fabrication is to be conducted within a completely enclosed building.

(d) Must be located a minimum of 300 feet from a Residential District.

(e) Must not generate objectionable or hazardous elements such as smoke, odor, noise, vibration, water pollution or dust.

(F) Non-Residential Development Standards Table. Table 253-2: Non-Residential Development Standards Table identifies the specific development standards that apply to each of the non-residential zoning districts.

TABLE 253-2: NON-RESIDENTIAL DEVELOPMENT STANDARDS TABLE
Development Standard		PF	OB	GB	SS	GI
Minimum Lot Area		-	-	-	-	2 acres
Minimum Lot Width		200'	100'	100'	100'	200'
Minimum Lot Setbacks
Front		50'	50'	50'	75'	100'
Side	Abutting non- residential	12'	12'	12'	12'	25'
Side	Abutting residential	50'	50'	30'	30'	100'
Rear	Abutting non- residential	35'	35'	30'	35'	50'
Rear	Abutting residential	50'	50'	50'	50'	100'
Minimum Setbacks of Accessory Buildings
Front		-	-	-	-	-
Side		5'	5'	5'	5'	5'
Rear		5'	5'	5'	5'	5'
Maximum Height
Principal Structure	Abutting non- residential	50'	48'	48'	36'	75'
Principal Structure	Abutting residential	50'	48'	48'	36'	48'
Accessory Structure		16'	16'	16'	16'	16'
Minimum Green Space		40%	30%	25%	30%	30%

(Ord. 4-2016, passed 3-2-16; Am. Ord. 33-2016, passed 11-16-16; Am. Ord. 6-2017, passed 2-15-17; Am. Ord. 36-2017, passed 9-20-17; Am. Ord. 39-2017, passed 10-4-17; Am. Ord. 24-2019, passed 9-4-19; Am. Ord. 04-2020, passed 1-15-20; Am. Ord. 28-2022, passed 9-21-22)