CHAPTER 1132
Business District
1132.01   Purpose.
1132.02   Yard requirements.
1132.03   Outdoor display and storage areas.
1132.04   Lot requirements.
1132.05   Yard requirements.
1132.06   Parking and loading requirements.
1132.07   Site plan approval required.
1132.08   Integrated development plan review.
   1132.01 PURPOSE.
   The purpose of the Business District is to provide or promote uses principally to accommodate the sale of retail goods, personal services and administrative establishments, thereby encouraging local or regional shopping areas. It is intended that the design of this district will encourage grouping of business establishments located on a unified site providing adequate off-street parking facilities as well as an efficient and safe method for handling vehicular and pedestrian traffic. (Ord. 1994-110. Passed 11-28-94.)
   1132.02 USES.
   Within a Business District, no building, structure or premises shall be used, arranged to be used or designed to be used except for one or more of the following uses or similar uses as may be determined by the Planning and Zoning Commission pursuant to Section 1151.01 , except that “automobile sales and service”  use shall not be considered a similar use (automobile sales and service as a principle use is prohibited).
(Ord. 2005-135.  Passed 10-24-05.)
   (a)    Principal Uses.
      (1)    Establishments engaged primarily in retail sales, such as:
         A.    Food;
         B.    Drugs (excluding medical marijuana dispensaries);
         C.    Book and stationery store;
         D.    Apparel store;
         E.    Florist shop;
         F.    Antique store;
         G.    Sporting goods store;
         H.    Jewelry store;
         I.    Optical goods store;
         J.    Furniture, home furnishings and office equipment and office supply store;
         K.    Beverage, including liquor;
L.    Restaurant, including drive-thru facilities;
M.    Mortuary;
N.    Monument sales and display;
O.    Drive-thru commercial facilities, i.e. beverage;
P.    Silk-screening;
Q.    Sale of swimming pools and accessories;
         R.    Graphic and printing stores;
         S.    Videos, sales and repairs;
         T.    Sale of pets and pet supplies;
         U.    Carpet store;
         V.    Collectibles store;
         W.    Motels and hotels;
         X.    Ceramic and ceramic supplies;
         Y.    Private mailbox stores; and
         Z.    Technical sales and supply.
         AA.   Medical marijuana dispensaries, subject to all the following:
            (1)   No more than two (2) medical marijuana dispensaries shall be located in the City.
            (2)   No medical marijuana dispensary shall be located within 2,000 feet of the boundaries of a parcel of real estate having situated on it another medical marijuana dispensary.
            (3)   No medical marijuana dispensary shall be located in a multi- tenant structure, or on a lot that is subject to, or is required to be subject to, an integrated development plan under Section 1132.08 hereof.
      (2)    Establishments engaged primarily in the fields of finance, insurance and real estate:
         A.    Bank, including drive-thru;
         B.    Credit agency other than banks;
         C.    Investment firm and companies, and
         D.    Real estate and insurance companies.
      (3)    Establishments engaged in providing a variety of services to individuals and business establishments, such as:
         A.    Personal services such as barber and beauty shops, salons as defined in Ohio R.C. 4713.01 including licensed massage, tanning and other personal services as authorized under Ohio R.C. 4713.42, when clearly an accessory use to the foregoing principal uses, shoe repair shops, laundries and dry cleaning;
         B.    Miscellaneous business services such as advertising, news syndicates and employment services;
         C.    Medical and dental office buildings and out-patient clinics;
         D.    Engineering and architectural services;
         E.    Legal services;
         F.    Accounting, auditing and bookkeeping services;
         G.    Libraries and museums;
         H.    Private indoor recreation facilities including bowling alleys, tennis clubs and racquetball courts and similar indoor recreational facilities;
         I.    Printing, blueprinting, newspaper printing, telegraph services, and
         J.    Indoor movie establishments and theatrical playhouses.
   (b)   Conditional Uses: The Planning and Zoning Commission may issue conditional zoning certificates for uses listed herein subject to the requirements of Chapter 1153:
      (1)    Nonprofit, professional, charitable and labor organizations;
      (2)    Private technical schools;
      (3)    Governmental owned and/or operated buildings;
      (4)    Quasi-public, institutionally or organizationally owned and/or operated indoor recreational, institutional and meeting facilities;
   (5)    Public utility service and pertinent structures including utility substations and transformers, but excluding office buildings and storage and distribution facilities;
   (6)    Massage establishments (as a principal use, or as an accessory use not clearly incidental to the principal use on the premises);
   (7)    Car washes subject to Section 1153.22, in addition to all other applicable requirements for conditional uses
      (8)    Radio and television broadcasting station, not including transmission towers;
      (9)    Veterinarian hospital or clinic;
(10)    Institutions for higher education;
      (11)    Institutions for human medical care, hospitals, sanitariums, nursing homes, assisted living facilities, independent senior living facilities, child day care centers, and philanthropic institituions;
      (12)    Out-patient medical office buildings and clinics;
      (13)    Self-defense, not including pistol and rifle ranges;
      (14)    Tourist homes;
      (15)    Party centers;
      (16)    Repair services for machinery and equipment, including repair garages and specialty establishments such as motor, body and fender, radiator, motor tune-ups, muffler shops, tire repairing and sales, and
      (17)    Gasoline service stations.
   (c)    Accessory Uses:
      (1)    Accessory buildings and uses clearly incidental to the principal uses on the premises.
      (2)    Signs as regulated by Chapter 1159.
         (Ord. 2018-108.  Passed 9-10-18.)
   1132.03  OUTDOOR DISPLAY AND STORAGE AREAS.
   Outdoor display and storage areas may be provided in the Business District pursuant to the following regulations:
   (a)    Outdoor sale, storage and display of goods, supplies and equipment (limited to those sold or used on the premises) are permitted to the extent appropriate to the permitted use, provided that no such activity is located in any required yard or other required open space.
   (b)    All goods, supplies or equipment shall be screened from any adjacent residential lot and from any street right-of-way by a substantially solid wall or fence specified in Section 1151.23(b).
   (c)    Outdoor display and storage areas shall be maintained in a neat and orderly fashion.
   (d)    The site plan, submitted to the Planning and Zoning Commission pursuant to Section 1152, shall indicate:
      (1)    The area to be used for outdoor display/storage.
      (2)    Proposed fence locations.
   (e)    Outdoor storage and/or display areas shall not cover more than fifteen percent of the site area.
   (f)    Shall not be located in areas intended for vehicular or pedestrian traffic circulation according to the site plan.
   (g)    Special sidewalk sale by permit only. See Chapter 723.
      (Ord. 1994-110. Passed 11-28-94.)
   1132.04  LOT REQUIREMENTS.
   (a)    The maximum building height shall be thirty-four feet.
   (b)    The minimum lot frontage shall be fifty feet.
   (c)    The minimum lot area shall be 10,000 square feet.
      (Ord. 1994-110. Passed 11-28-94.)
   1132.05  YARD REQUIREMENTS.
   (a)    Minimum Front Yard Depth. Adjacent to Industrial or Commercial District: fifty feet. Adjacent to Residential District: fifty feet.
   (b)    Minimum Rear Yard Depth. Adjacent to Industrial or Commercial District: twenty feet. Adjacent to Residential District: forty feet.
   (c)    Minimum Side Yard Width. The minimum side yard width shall be equal to the height of the proposed structure, but not less than twenty-five feet, except adjacent to Residential District which minimum side yard width shall be fifty feet.
(Ord. 1994-110. Passed 11-28-94.)
   1132.06  PARKING AND LOADING REQUIREMENTS.
   Parking and loading requirements shall be as regulated by Chapter 1155.
(Ord. 1994-110. Passed 11-28-94.)
   1132.07  SITE PLAN APPROVAL REQUIRED.
   Site plans of the development shall be submitted to and subject to approval by the Planning and Zoning Commission to insure compliance with the standards set forth in this chapter.
(Ord. 1994-110. Passed 11-28-94.)
   1132.08  INTEGRATED DEVELOPMENT PLAN REVIEW.
   (a)    In addition to the other provisions contained in Sections 1132.01 through 1132.07, any development of a parcel of land (1) of 25 acres or more, (2) of less than 25 acres but more than 10 acres if subdivided after the effective date of this Section 1132.08, or (3) that more than one use authorized under Section 1132.08(b) is planned shall be subject to the Integrated Development Plan provisions of this Section 1132.08.  The term “parcel of land” shall include the development site and all contiguous parcels in the same ownership or control. 
   The applicable parcels of land shall be developed according to a coherent, integrated plan developed through discussions with the City Planning Director under the guidelines and provisions set forth in this Section 1132.08, with due consideration given to the City Land Use Plan and neighboring developments.
   (b)    Prior to applying for a zoning certificate (or conditional zoning certificate), an applicant subject to this Section 1132.08 shall submit a Integrated Development Plan of the proposed development project to the Zoning Inspector (the “Plan”). The Plan should include the general location and types of uses permitted or conditionally permitted under Section 1132.02 as modified by Section 1132.08(c) below, including the number of each type; community facilities; location; vehicular circulation concept, including identification of public or private roads and location of major parking areas; pedestrian system; location and type of open space and buffer zones; and proposed utilities.  In addition, the applicant shall submit appropriate drawings showing the existing topography, vegetation, generalized soil conditions and other natural features; existing structures on the site and all adjacent properties; existing utilities on the site and on adjacent street rights of way.
   The applicant shall include proposed deed restrictions for the project that would restrict the uses of the land and particular development conditions (for example, construction of a buffer zone) to those uses approved under the Plan, including language indicating that the restrictions are intended for the sole benefit of the City and may be modified or amended by the declarants, their respective heirs, executors, administrators, successors, and assignees, in whole or in part, only with the consent of the City by ordinance of Council.
   The Plan shall have a minimum buffer zone of 100 feet abutting any residentially zoned land.
   (c)    Notwithstanding Section 1132.02, the following uses shall not be permitted or conditionally permitted under any Plan:  Mortuary; Monument sales and display; Ceramics production or bulk storage of ceramic ingredients; Massage establishments (except “day spas” or salon services); or Pistol and rifle ranges; however any “accessory buildings and uses” incidental and subordinate to the principal uses permitted under Section 1132.02(a) shall be permitted (see Section 1132.02(c)(1)), including, but not limited to, automobile motor tune-ups, service and maintenance, including sales of gasoline and sale and installation of tires, batteries, mufflers, and other automotive parts used in such service and maintenance.
   (d)    If the development is to be implemented in phases, the Plan shall contain completion dates for all phases of the project, and each phase must have adequate provision for access, parking, storm water management, and other public improvements to serve the site in accordance with City regulations.  Each phase shall be provided with buffers or protective areas in accordance with the Plan.
   (e)    The Zoning Inspector shall within 10 days transmit the Plan (and all accompanying documents) to the Planning and Zoning Commission to be placed on the agenda of its next regularly-scheduled meeting.  Thereafter, the Commission shall have 60 days in which to review the Plan and make a recommendation to Council to either (1) approve the Plan, or (2) disapprove the Plan (the Commission shall then inform the applicant of modifications necessary to cause a recommendation of approval of the Plan).  The Commission shall submit its recommendation (along with the Plan and all accompanying documents) to Council within three (3) days of its decision.  Thereafter, Council shall have 30 days in which to either accept,  reject, or  modify the recommendation of the Commission.  Acceptance of the Plan shall be by ordinance.  Upon disapproval of the Plan, the applicant may submit an amended Plan for consideration to Council within 14 days.  A super majority vote of Council is required to either reject or modify the recommendation of the Commission.
   (f)    Upon approval of the Plan, the applicant may apply for a zoning certificate for all or any portion of the project pursuant to procedures in Codified Ordinance Chapters 1107 and 1152.  In addition, upon issuance of the zoning certificate, the applicant or developer shall record the approved deed restrictions required under Section 1132.08(b) and provide the Planning and Zoning Commission with a recorded copy within 14 days.  Failure to timely record the deed restrictions may result in a revocation of the Plan approval.
(Ord. 2004-184.  Passed 12-20-04.)