1167.02 SETBACK LINES IN GENERAL BUSINESS DISTRICTS.
   Notwithstanding the front setback requirements set forth in Section 1167.01 of the Codified Ordinances,
   (a)   With respect to property which is located within a GB-1 General Business District and which also directly abuts either State Route 58 or State Route 18, the setback from that State Route shall be at least one hundred feet (100'), regardless of whether it is denominated a front, side, or rear yard in the way it is developed or configured.
   (b)   With respect to property which does not directly abut, front, or provide traffic access onto either State Route 58 or State Route 18 and which is located within a GB-1 General Business District, the Planning Commission shall have the authority to allow a front setback of less than one hundred feet (100'), but under no circumstances less than fifty feet (50'), provided that:
      (1)   There are no specific conditions concerning the property which would reasonably necessitate the full one hundred foot (100') setback (for example, traffic flow, fire department access, utility lines, etc.); and
      (2)   The setback allowed is generally consistent with the setback line observed on the same side of the street between two intersecting streets or for a distance of one hundred feet (100') on each side of the lot; and
      (3)   The property is otherwise developed in compliance with the yard and lot coverage requirements of this Code; and
      (4)   If the property is located in general proximity to either State Route 58 or State Route 18, then regardless of the way the property is developed or configured, and regardless of whether the yard is a front yard, rear yard, or side yard, there shall be a minimum of one hundred feet (100') between any building and State Route 58 or State Route 18, as applicable.
         (Ord. 2003-38. Passed 11-3-03.)