The purpose of this district is to permit a complete range of retail sales, and personal, professional and business services required to meet the needs of a residential neighborhood.
(A) Permitted uses.
(1) Professional services, including but not limited to:
(a) Doctors and dentists;
(b) Interior decorator;
(c) Dance;
(d) Music;
(e) Art;
(f) Language and artisan schools; and
(g) Beauty and barber schools.
(2) Clothing service, including but not limited to:
(a) Laundry agency;
(b) Self-service laundry;
(c) Dry cleaning establishment, provided that there is not more than two clothes cleaning units, the weight of which shall have a rated capacity of more than 40 pounds, using cleaning fluid which is non-explosive and nonflammable;
(d) Dressmaking;
(e) Millinery;
(f) Tailor and pressing shop; and
(g) Shoe repair shop.
(3) Equipment service, including but not limited to:
(a) Radio shop;
(b) Electric appliance shop; and
(c) Record shop.
(4) Food service, limited to:
(a) Grocery;
(b) Meat market;
(c) Supermarket;
(d) Delicatessen;
(e) Bakery; and
(f) Restaurant.
(5) Personal service, limited to:
(a) Barber shop;
(b) Beauty shop;
(c) Reducing salon;
(d) Photographic studio; and
(e) Tanning salon.
(6) Retail service, retail stores generally limited to:
(a) Drug store;
(b) Hardware;
(c) Stationer; and
(d) Newsdealer.
(7) Automobile service, including but not limited to gasoline service station, provided it is limited to not more than three service bays, indoors only; provided, however, that the service station function, services, operation and sales shall not include the following:
(a) The sale, rental, display or storage of new or used motor vehicles, trailers, tractors, machinery or other similar equipment; or merchandise not related to the minor servicing of motor vehicles or for the immediate convenience of customers;
(b) Major servicing of motor or body repair, such as but not limited to body or fender work, motor overhaul, major transmission repair, auto glass work and tire recapping;
(c) Dismantling or wrecking of motor or other vehicles, or the storage of inoperable, damaged or wrecked vehicles; or
(d) A driveway so located and constructed that it permits traffic movement completely around or behind the service station structure (except where necessary to provide adequate access to the off-street parking area, building storage tanks, trash containers and the like, or to adjacent commercial property, or in the case of a station designed to provide service on all sides).
(8) Special exception: business services, including but not limited to:
(a) Bank;
(b) Office;
(c) Postal station;
(d) Telephone or telegraph office; and
(e) All other retail uses.
(9) Accessory uses and structures, subordinate, appropriate and incidental to the above permitted primary uses;
(10) Temporary structures, incidental to the development of land during construction;
(11) Churches; and
(12) Day care centers.
(B) Development standards.
(1) Use. All uses and operations (except off-street loading and off-street parking) shall be conducted within completely enclosed buildings, except where otherwise specifically permitted; provided, however, gasoline service stations may dispense gasoline, oil, antifreeze and other similar products and perform other minor services outdoors for customers, subject to the limitations of division (A)(7) above.
(2) Minimum yards.
(a) Required front yard minimum setback.
1. A front yard having at least 35 feet width of frontage on a public street and having a minimum depth in accordance with the following setback requirements shall be provided along the street right-of-way line: no part of any structure (excluding an eave or cornice overhang not exceeding four feet or a canopy at an entrance) shall be built closer to the right-of-way line than 30 feet.
2. No part of any structure shall be built closer to the right-of-way line of a federal interstate highway route than ten feet, except: front roads immediately paralleling federal interstate routes
(with coinciding right-of-way boundary) shall be considered collector streets, requiring a front setback of 25 feet from the right-of-way of such front road unless such front road is designated otherwise on the Functional Classification of Streets, 1990, or on the recorded plat thereof, as required by the Subdivision Control section of this chapter.
(b) Required side yard. Minimum side setback: no side yard or side setback is required unless subject to the requirements for transitional yards of § 152.058(B)(7)(e).
(c) Required rear yard. Minimum rear setback: no rear yard or rear setback is required unless subject to the requirements for transitional yards of § 152.058(B)(7)(e).
(d) Required corner side yard. In any case where the side or rear lot line abuts a street right-of-way line, there shall be provided a side or rear yard in which the setback of any structure shall comply with the minimum front setback requirement of division (B)(2)(a) above, the required front yard minimum setback.
(e) Transitional yards.
1. Yards abutting a residential district:
a. Where a front yard lot line abuts a street right-of-way on the opposite side of which is a residential district, the minimum required front yard and setback shall be the same as the standard front yard and setback requirements of division (B)(2)(a) above. The front yard use of the minimum required transitional front yard shall not include off-street parking, collector, local, arterial or cul-de-sac. If the abutting street is an expressway, the front yard may include off-street parking, provided a 20-foot wide strip of said required front yard paralleling and measured from the front lot line, and extending the full length thereof (except for walks, access cuts and driveways), shall be maintained as landscaped portion of the yard in conformance with division (B)(2)(e)2. below.
b. Where a side or rear lot line abuts either a side or rear lot line in an adjacent residential district, a side or rear yard and setback both not less than 20 feet in depth shall be provided along such side or rear lot line; provided, however, where a dedicated alley separates such side or rear lot line from the residential district, said side or rear yard and setback shall be not less than ten feet.
2. Screening and landscaping of transitional yards, yards fronting upon or abutting a residential district:
a. Front transitional yards (fronting upon a residential district) shall be landscaped in an open pattern in grass and shrubbery, trees and/or hedge to provide a partial screening of commercial use.
(I) An ornamental decorative fence or masonry wall, not more than two and one-half feet in height if solid, or six feet if open, may be used in conjunction with the landscaping; provided, however, along any portion of said transitional front yard in which an off-street parking area is located, there shall be provided and maintained along the front lot line a buffer screen of either:
I. Architectural screen. A wall or fence of ornamental block, brick, solid wood fencing or combination thereof. Said wall or fence shall be at least 48 inches in height and shall be so constructed to such minimum height to restrict any view; or
II. Plant material screen. A compact hedge of evergreen or deciduous shrubs, at least 36 inches in height at the time of planting.
(ii) Ground area between such wall, fence or hedge and the front lot line shall be planted and maintained in grass, other suitable groundcover, shrubbery and/or trees. All shrubs and trees shall be planted, balled and burlapped and shall meet the standards of the American Association of Nurserymen.
(iii) To provide maximum flexibility in the landscape design of said screen and ground area, a variety of plant material may be used; provided, however that a plan indicating the species, variety, size, spacing and location of all plants shall be filed and approved by the Building Commissioner prior to the time planted.
b. Side and rear transitional yards (abutting a residential district) shall be landscaped in grass and shrubbery, trees and/or hedge to form an effective screening of the commercial use. An ornamental, decorative fence or masonry wall may be used in conjunction with landscaping; provided, however, if any portion of a side or rear transitional yard is used for a driveway or off-street parking, there shall be provided and maintained along the entire length of such lot line to the front yard setback line a wall or fence of ornamental block, brick, solid wall fencing or combination thereof. Said wall or fence shall be at least six feet in height to restrict the view.
6. Use of required yards. All required yard shall be landscaped, in grass and shrubbery, trees and/or hedge, or in combination with other suitable groundcover materials, except:
a. (I) Required front yards may include:
I. Pedestrian walks, access cuts, driveways, flag poles and similar appurtenant uses; and
II. Off-street parking, gasoline service station pumps, and/or open canopies (attached or detached).
(ii) However, a six-foot wide strip of the required front yard, paralleling and measured from the front lot line, and extending the full length thereof (except for walks, access cuts and driveways), shall be maintained as a landscaped portion of the front yard as required above, unless subject to the transitional yard requirements of division (B)(2)(e) above.
b. Required side and rear yards may include:
(I) Pedestrian walks, access cuts, driveways, flag poles and similar appurtenant uses; and
(ii) Off-street parking, subject to the requirements of division (B)(2)(e) above as applicable and § 152.085.
7. Maximum height. Maximum height of buildings and structures shall be 35 feet.
(C) Performance standards.
(2) Off-street parking. Off-street parking facilities shall be provided in accordance with the off-street parking regulations of § 152.085.
(3) Off-street loading. Off-street loading facilities shall be provided in accordance with the off-street loading regulations of § 152.086.
(Ord., § 1-28, passed - -1991)