(a) Intent. This district has been established to provide for areas in which a mixture of residential, small-scale office and professional service establishments are desired. It is intended that this district be used for transition areas between established residential neighborhoods and nonresidential uses and for areas along major thoroughfares. It is also intended that the appearance, character and activity level of such areas be compatible with nearby residential areas.
(b) Principal Permitted Uses. Only those uses below that continuously satisfy all the requirements of divisions (c) through (h) of this section shall be permitted.
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) Home occupations, including bed and breakfast operations, complying with the provisions of this district rather than those set forth for strictly residential districts.
(4) Banks and financial institutions.
(5) Barber and/or beauty shops, shoe repair shops.
(6) Child care nurseries.
(7) Funeral homes (no ambulance service).
(8) Interior decorating shops.
(9) Places of worship.
(10) Professional service offices or clinics, such as those of a physician, surgeon, dentist, lawyer, accountant, architect, engineer, insurance and/or real estate agent, and/or a member of a similar profession.
(11) Publicly owned and operated buildings and facilities.
(12) Public parks, playgrounds, and/or community centers.
(13) Schools and colleges for academic instruction.
(14) Veterinarian offices provided that:
A. Offices shall be housed in a completely enclosed and soundproof building.
B. Services shall be on a strictly out-patient basis with no raising, breeding, and boarding of animals, except for the confinement of small animals under emergency treatment in facilities within the offices.
(15) Other similar uses as determined by the Zoning Administrator.
(c) Permitted Accessory Uses. The following are permitted accessory uses:
(1) Accessory uses, buildings, or other structures customarily incidental to a principal permitted use.
(2) Temporary buildings for uses incidental to construction work, which buildings shall be removed on the completion or abandonment of the construction work.
(3) Fences, walls and hedges as regulated under Section 1256.11.
(5) Child care centers accessory to churches or schools.
(6) Other similar uses as determined by the Zoning Administrator.
(d) Required Conditions. No zoning certificate shall be issued for a use within the P-S District until the applicant shall have demonstrated or certified to the satisfaction of the Zoning Administrator that:
(1) All business activity shall be conducted wholly within a completely enclosed building.
(2) Drive-thru businesses or drive-up windows for pick-up or delivery shall be located on and accessible only from the premises and shall provide adequate driveway space for entering and exiting waiting vehicles. Failure to meet these requirements may be grounds to revoke this permitted use.
(3) All business shall be of a professional service character. Any retail sales shall be incidental to the provision of a professional service.
(4) No manufacturing, processing, packaging, repair, or treatment of goods shall be carried on.
(5) Exterior lighting shall be shaded wherever necessary to avoid casting direct light on any other property or on any public street.
(6) All exterior walks shall be of a durable and attractive hard surface material such as concrete, wood, tile, or terrazzo. Asphalt may be used only in areas subject to vehicular traffic.
(7) All grounds shall be attractively planted and landscaped, and maintained as such.
(8) Where the property lines separate the business district from a residential district, a visual mechanical barrier a minimum of 8 feet in height shall be provided along the common line, which may consist of any of the following:
A. A solidly constructed decorative privacy fence of vinyl or similar durable materials. Note that wood materials shall not be allowed.
B. A decorative masonry wall.
C. A landscaped mound that is a minimum 6 feet in height with additional ground cover and/or landscaping that is a minimum of 2 feet in height. Note that a landscaped mound that is 8 feet or taller shall negate the additional ground cover/landscaping requirement.
D. A combination of A., B. and/or C. above, or other suitable option, as approved by the Zoning Administrator.
(9) No noise from any operation conducted on the premises, either continuous or intermittent, shall violate the provisions of Chapter 1264.
(10) No emission of toxic or noxious matter, which is injurious to human health, comfort, or enjoyment of life and property or to animal or plant life shall be permitted. Where such emissions could be produced as a result of accident or equipment malfunction, adequate safeguards considered suitable for safe operation in the business involved shall be taken.
(11) The emission of smoke or other air pollutants shall not violate the standards and regulations of the Butler County Combined General Health District. Dust and other types of air pollution home by the wind shall be kept to a minimum by appropriate landscaping, paving, or other acceptable means.
(12) There shall be no emission of odors or odor-causing substances that can be detected without the use of instruments at or beyond the lot lines.
(13) There shall be no vibration that can be detected without the use of instruments at or beyond the lot lines.
(14) Any nonresidential building shall front on a collector or arterial street with a right- of-way of 60 feet or more as established on the Official Thoroughfare Plan.
(15) The office establishment shall be conducted principally in daylight hours and shall not create a nuisance from noise, smoke or odor.
(16) No alteration of a residential structure shall be made which changes the essential appearance thereof as a dwelling.
(17) Any new construction shall have a scale and character comparable to the dominant form of residential structures in the area.
(f) Height Regulations. No structure shall exceed 35 feet in height.
(g) Lot Area, Floor Area, Frontage and Yard Requirements. The following minimum requirements shall be observed for all uses within the P-S Professional Service District:
Use (Conditioned Floor Area per Unit) | Lot Area | Lot Frontage | Required Front Yard | Required Side Yards | Required Rear Yard | |
Least Width | Sum of Side Yards
| |||||
Nonresidential (N/A) | 7,500 sq. ft. | 60 ft. | 25 ft.* | 6 ft. | 15 ft. | 40 ft. |
Single-Family (1,000 sq. ft.) | 7,500 sq. ft. | 60 ft. | 25 ft.* | 6 ft. | 15 ft. | 40 ft. |
Two-family (900 sq. ft.) | 10,000 sq. ft. | 60 ft. | 25 ft.* | 6 ft. | 15 ft. | 40 ft. |
* The front yard depth shall not be less than 35 feet along any major thoroughfare. | ||||||
(h) Maximum Lot Coverage by all Buildings. 40% of lot area.
(Ord. 16-2003. Passed 5-1-03; Ord. 23-2006. Passed 9-21-06; Ord. 03-2017. Passed 4-6-17.)