§ 150.335 SUPPLEMENTARY REGULATIONS – COMMERCIAL USES.
   (A)   Animal grooming/animal day care; Animal hospital/veterinarian office; Animal boarding/kennel.
      (1)   The parts of a building where animals are boarded shall be fully enclosed, with solid core doors and no operable windows, and shall be sufficiently insulated so no unreasonable noise or odor can be detected off premises.
      (2)   Animals shall not be permitted outside except within a secure animal run, and no outdoor animal run shall be permitted within 200 feet of any adjacent residential district or use, except where the adjoining property is owned or occupied by the operator of the kennel.
      (3)   Animals shall be confined in an enclosed building between the hours of 10:00 p.m. and 6:00 a.m.
      (4)   There shall be no burial or incineration of animals on the premises.
      (5)   All solid waste material shall be removed from the site on a daily basis, and no animal waste shall be buried on site or be allowed to accumulate on the premise.
      (6)   The facility shall be operated in accordance with all applicable State of Ohio and county health code regulations.
   (B)   Artisan Studio/Workshop.
      (1)   The principal activities of the use shall occur completely within an enclosed building.
      (2)   All work activities, artist shows, programs and other events shall be directly related to the activities listed on the approved conditional use permit.
   (C)   Auction Warehouse, Showroom.
      (1)   All activities shall be conducted indoors.
      (2)   There shall be no outside storage.
      (3)   An on-site showroom that is open to the general public shall be limited to ten percent (10%) of the floor area of the building, or 4,000 square feet, whichever is less.
   (D)   Brewpubs; Micro-brewery, Micro-distillery, Micro-winery (Micro Production Facility).
      (1)   Each brewpub or micro production facility shall manufacture and sell alcoholic beverages in accordance with the provisions of the Ohio Division of Liquor Control and the Bureau of Alcohol, Tobacco and Firearms (ATF), and shall maintain current licenses as required by each agency.
      (2)   Brewpubs:
         (a)   A minimum of 50% of the gross floor area of the brewpub shall be devoted to restaurant use for on-site consumption of food and beverages, including the kitchen and seating area, but not including any outdoor dining area.
         (b)   The area used for on-site production, including but not limited to manufacturing, bottling and storage, shall not exceed 50% of the total floor area of the entire facility or 8,000 square feet, whichever is less.
      (3)   Micro production facilities shall provide a minimum of 1,500 square feet devoted to onsite retail sale, restaurant or tasting room for the on-site consumption of products produced on the premises.
      (4)   Each brewpub and micro production facility shall be architecturally compatible with the surrounding commercial uses.
      (5)   No outdoor storage of brewing equipment or materials shall be permitted.
      (6)   The facility shall be designed and operated so as not to produce odors, gas, dust, or any other atmospheric pollutant detrimental to the health, safety, or general welfare of persons living or working in the surrounding area. The emission of odorous matter or smells in such quantities as to produce a public nuisance or hazard is not permitted.
      (7)   The facility shall not generate truck traffic materially different in truck size or frequency from that generated by the surrounding commercial uses.
      (8)   Each facility shall maintain copies of all reports filed with the Bureau of Alcohol, Tobacco and Firearms (ATF) and shall be able to demonstrate, upon request of the Village, that they have not exceeded the annual beverage production limit in any 12-month period.
   (E)   Drive-in/Drive-thru Facilities.
      (1)   The drive-in/drive-thru facility shall comply with the off-street stacking space requirements in § 150.384, and with the drive-thru sign regulations in § 150.357(H).
      (2)   The drive-in/drive-thru facility shall maintain a minimum of 100 feet of street frontage, be located on a collector or arterial street, and be designed so that vehicles waiting for service at the drive-in/drive-thru facility do not interfere with a public right-of-way.
      (3)   All components of the drive-in/drive-thru facility, including but not limited to drivethrough signs, waiting lanes, trash receptacles, audio equipment, drive up windows, and other objects associated with the drive-through area shall be located in the side or rear yard of a property to the maximum extent feasible, and shall not cross, interfere with, or impede any public right-of-way.
      (4)   All components of the drive-in/drive-thru facility shall be located a minimum of 100 feet from a residential property line.
      (5)   On a corner lot, access drives shall be placed as far from the intersection as possible and limited to no more than one access drive per street frontage.
      (6)   Any changes in the approved development plan or in the activity to be conducted on the site shall be submitted to the Planning Commission for review and approval.
      (7)   Loudspeaker systems shall be approved as part of the development plan approval and shall be appropriately located and screened to not create a nuisance.
   (F)   Hotel/Motel.
      (1)   Such establishments should be located to minimize the amount of space located in a retail setting that is inactive during normal business hours.
      (2)   The use shall be located on a lot that has frontage on an arterial or collector street.
      (3)   A hotel/motel shall be located on a lot having a minimum area of 400 square feet per room and a minimum lot width of 150 feet.
   (G)   Indoor Entertainment: Dancing & Live Entertainment.
      (1)   Dance floors and other similar entertainment facilities including live entertainment shall be permitted only as an accessory use to a permitted principal use.
      (2)   The Planning Commission may impose restrictions on the hours such establishment is open for business.
      (3)   All indoor entertainment/music shall take place in a fully enclosed sound-resistant building, with closed windows and double-door entrances that provide a sound lock.
      (4)   Outside entertainment/music may be permitted provided it complies with the following:
         (a)   Outdoor entertainment/music shall be permitted no later than 10 pm Sunday through Wednesdays and no later than 12 am on Thursdays through Saturdays.
         (b)   The location of the area devoted to outdoor entertainment/music shall be clearly indicated on the development plan.
         (c)   The Planning Commission may require the outdoor area to be screened with a wall, fence or landscaping to ensure that sound does not exceed normal conversation levels beyond the property line or cause a nuisance to adjoining properties.
   (H)   Medical Clinic/Urgent Care.
      (1)   The design of a Medical Clinic/Urgent Care shall be sufficient to accommodate staff, clients, patients and visitors without waiting or queuing outside of the building.
      (2)   Outdoor storage of ambulances and other vehicles used in the operation of the principal use may be permitted provided such storage areas shall be located in the side or rear yard in off-street parking areas. Storage for ambulances and other vehicles shall be shown on the development plan.
      (3)   Where the site is adjacent to a residential zoning district, hours of operation may be restricted by the Planning Commission.
   (I)   Outdoor Commercial Recreation.
      (1)   The minimum lot area shall be two acres and minimum lot width shall be 200 feet.
      (2)   Vehicular approaches shall be designed to reduce traffic congestion and interference with traffic on surrounding public streets or roads.
      (3)   All activities, programs and other events shall be identified in the application and listed in the approved zoning certificate and shall be adequately and properly supervised to prevent personal injury, property damage and disturbance or nuisance to surrounding properties, residents or to the community in general.
      (4)   Rifle ranges, pistol and skeet shooting ranges, and other activities involving the use of firearms shall not be permitted.
      (5)   The Planning Commission may require an outdoor active recreation area to be enclosed by a fence having a minimum height of five feet and a maximum height of six feet.
      (6)   Swimming pools shall comply with the following additional requirements:
         (a)   Pools shall be adequately fenced to prohibit unauthorized access to the facility.
         (b)   Pools and their enclosures shall comply with the building setback requirements for the zoning district in which the pool is located.
         (c)   The fenced pool enclosure shall be locked whenever the pool is not in use.
      (7)   The use shall not generate excessive noise, odor, dust or smoke beyond the premises above the prevailing levels from permitted uses in the zoning district. The Planning Commission may impose additional noise reduction measures, including mounding, landscaping and sound barriers, to minimize noise and maintain the prevailing noise levels of permitted uses in the zoning district.
   (J)   Outdoor Dining, Accessory to a Restaurant.
      (1)   Restaurants shall be permitted to operate outdoor dining on sidewalks, including areas within the public right-of-way and in courtyards, provided that pedestrian circulation and access to store entrances shall not be impaired.
      (2)   If outdoor dining is proposed to be in the public right-of-way, a permit shall be obtained from the Village Public Works Supervisor before a zoning certificate is issued.
      (3)   Planters, fencing, or other devices shall be used as a way of defining the area occupied by the outdoor dining.
      (4)   Extended awnings, canopies, or large umbrellas shall be permitted if located to provide shade or cover.
      (5)   The operators of outdoor dining shall maintain a clean, litter-free, and well-kept appearance within and immediately adjacent to the area of café activity.
      (6)   The outdoor seating area shall be used in conjunction with, and is under the same management and exclusive control of, a restaurant located on the same or contiguous property.
   (K)   Outdoor Overnight Storage of Fleet Vehicles Related to the Principal Business.
      (1)   The stored vehicles shall be necessary to, customarily associated with, and used on a regular basis by the principal use of the premises.
      (2)   All stored vehicles and equipment shall be operable, and vehicles shall have a current vehicle registration.
      (3)   Location and Setbacks.
         (a)   In a B-3 General Business District, the outdoor storage area for vehicles shall be located in a rear yard in compliance with the parking setbacks in Schedule 150.274(B).
         (b)   In an M-1 Light Industrial District, the outdoor storage of fleet vehicles shall be located in a side or rear yard, in compliance with the parking setbacks in Schedule 150.274(B).
      (4)   Any area devoted to outdoor storage of fleet vehicles shall be paved with asphalt or concrete, and maintained free from dust. The Planning Commission may grant a variance from the paving requirement if the applicant demonstrates that dust will be adequately controlled and the storage area will have little vehicular traffic.
   (L)   Outdoor Sales and Display of Merchandise for Sale.
      (1)   Outdoor display of merchandise for sale shall be limited to products that are customarily associated with the operation of the principal business located on the premises and conducted by employees of such principal business.
         (a)   There shall be no outdoor display of merchandise for sale by any person operating or conducting a business that is different or distinct from the principal business conducted at that location.
         (b)   These regulations do not apply to vehicle sales and rental establishments.
      (2)   The area of the lot devoted to outdoor display shall not exceed 15 percent of the ground floor area of the building(s) on the lot. The Planning Commission may grant an exception to this requirement when the ground floor area is 5,000 square feet or less.
      (3)   The outdoor display area shall comply with the parking setbacks, shall not be located in areas intended for traffic and pedestrian circulation, and shall not occupy any required parking spaces as identified on the development plan.
      (4)   Any proposed outdoor display areas shall be approved as part of a Development Plan Review in accordance with Article 150.65.
   (M)   Outdoor Storage of Materials and Equipment.
      (1)   Outdoor storage of materials, and equipment shall only include the storage of goods, materials, equipment or products customary associated with the principal use. The storage of radioactive, toxic or otherwise hazardous materials shall not be permitted.
      (2)   All outdoor storage of goods, materials, and equipment shall be enclosed with a solid wall or fence, including solid gates. The wall or fence shall have a height tall enough to conceal all materials therein from the view of any observer standing at grade level. However, in no case shall the height of the fence or wall be less than six feet. The solid wall or fence and the associated gates shall be maintained in good condition. No barb or razor wire shall be permitted. The Planning Commission may consider alternative forms of screening such as a dense planting of trees or berm in compliance with § 150.398.
      (3)   All outdoor storage shall be stored in such a fashion as to be accessible to fire-fighting equipment at all times.
      (4)   Areas devoted to outdoor storage shall be located in a rear yard so that it is behind the principal building and not visible from any public street, unless the outdoor storage is located on a corner lot. In the M-1 District, enclosed storage areas devoted to outdoor storage shall be setback fifty feet from any property boundary that abuts a Residential District. In no case shall the side and rear setback of the enclosed area be less than ten (10) feet.
      (5)   All equipment and fleet vehicles shall be in an operable state. In no case shall inoperable equipment and vehicles be stored overnight.
      (6)   Any proposed outdoor storage areas shall be approved as part of a Development Plan Review in accordance with Article 150.65.
   (N)   Plant Nursery or Greenhouse, Commercial in an R-E District.
      (1)   The facility shall be located on an arterial or collector road.
      (2)   All buildings, equipment, and other activities associated with the use shall be setback 75 feet from any residential lot line and 50 feet from any public street.
      (3)   The minimum parking setback shall be 20 feet from all lot lines, except for semi-truck parking areas and loading areas, which shall comply with the building setback requirements.
      (4)   The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises.
      (5)   The storage and display area of materials used for landscaping purposes and agriculturally related products necessary for maintaining the health of nursery stock shall not exceed ten (10) percent of the nursery or a maximum of one (1) acre, whichever is less, and shall be screened as specified in § 150.399 (A)(1) and (2). Related products include but are not limited to railroad ties, decorative stones, mulch and fertilizers.
      (6)   Landscape services shall be accessory to the production of nursery stock. The number of pieces and type of landscaping equipment may be limited by the Planning Commission according to site constraints and compatibility with surrounding uses.
   (O)   Research and Testing Laboratories.
      (1)   The principal activities of the use shall occur completely within an enclosed building.
      (2)   Where the site is adjacent to a residential zoning district boundary line and regulated as a conditional use, hours of operation may be restricted by the Planning Commission.
      (3)   No exterior odor, dust, noise, or other impacts shall be produced as a result of the use. The Planning Commission may impose additional noise reduction measures, including landscaping and sound barriers, to minimize noise and to maintain the prevailing noise levels of permitted uses in the zoning district.
   (P)   Retail, Large-format. The Planning Commission shall find that the proposed use is located and designed to be compatible with the other uses permitted in the district.
   (Q)   Vehicle Fuel Station; Vehicle Service Station, Minor, Vehicle Wash Establishment.
      (1)   The minimum lot area is 20,000 square feet, and the minimum lot width is 100 feet.
      (2)   When located on a corner lot, the facility shall have not less than 150 feet frontage on each of the two intersecting streets:
         (a)   The location of access drives shall be placed as far as possible from the intersection; and
         (b)   Shall be limited to no more than one (1) access drive per street frontage.
      (3)   A vehicle wash establishment may be combined with a vehicle fueling station or vehicle service station, provided the minimum lot size for the combined uses is a minimum of 40,000 square feet.
      (4)   Gasoline pumps may be erected in front of the established building line, but not less than 20 feet from the road right-of-way.
      (5)   Outdoor self-service vehicular vacuum stations shall be located in a side or rear yard.
      (6)   All activities, except those required to be performed at a fuel pump, air dispenser or self-serve vehicular vacuum, shall be conducted entirely within a building or garage.
      (7)   No inoperative motor vehicles, equipment, or parts shall be permitted to remain outside on the property, unless such vehicles are stored in an approved screened outdoor storage area.
      (8)   The Planning Commission may restrict the hours of operation where a site is adjacent to a residential zoning district boundary line and regulated as a conditional use.
(Ord. 2023-03, passed 2-27-2023)