Village of Boston Heights OH, Planning and Zoning Code
CHAPTER 1159
General Business District (GB)
CROSS REFERENCES
General Provisions - see P. & Z. 1151.04
Bond Requirements - see P. & Z. 1151.06(d)
Design and fireproofing of buildings - see P. & Z. 1151.04(c)(3)
Height extensions - see P. & Z. 1171.02
Signs - see P. & Z. 1179
EDITOR'S NOTE:
Ordinance 5-2003 replaced former B-1 district (1159) with GB and RB districts.
1159.01 PURPOSE.
This district is established to provide for uses principally to accommodate the sale of convenience retail goods and personal services purchased frequently for daily and weekly needs servicing the residents of the Municipality. It is intended that this district will encourage the development of small businesses in wholly enclosed buildings located in a uniform manner.
(Ord. 12-2005. Passed 3-9-05.)
1159.02 PERMITTED USES.
(a) All uses permitted in the Office/Professional District.
(b) Art, photo, stationery, notions toy, book, music and gift sales. Souvenirs or souvenir-oriented materials shall not exceed five percent (5%) of total display area.
(c) Banks or financial institutions where drive-in facilities are incidental to the operation of the facilities.
(d) Barber or Beauty shops.
(e) Clothing, apparel, shoe, and variety stores. Souvenirs or souvenir-oriented material shall not exceed five percent (5%) of total display area.
(f) Florist and gift shop. Souvenirs or souvenir-oriented materials shall not exceed five percent (5%) of total display area.
(g) Grocery store, drug store.
(h) Jewelry store.
(i) Shoe repair store.
(j) Tailor and dress maker shops.
(k) Non-paid, off-street parking lot.
(l) Medical supplies.
(m) Computer sales and service.
(n) Building trades.
(Ord. 12-2005. Passed 3-9-05.)
1159.03 CONDITIONAL USES.
The Board of Zoning Appeals may issue conditional zoning certificates for uses listed herein and subject to the general requirements of Section 1145.04 and Chapter 1151:
(a) Dry cleaning and laundry in which non-explosive and non-flammable solvents are extensively used and in which not more than five persons are engaged and in which no work shall be done on the premises for retail outlets elsewhere.
(b) Drive in Banking facilities subject to regulation of Section 1151.07.
(c) Public utility rights of way and appurtenant structures subject to regulation of Section 1151.07.
(d) Temporary buildings for the uses incidental to construction work subject to regulations of Section 1151.07.
(e) Eating and drinking establishments, but excluding drive in food and beverage establishments defined as follows:
(1) "Drive-in restaurant" means any eating establishment where the primary function is the service of food, frozen dessert, or beverages prepared for consumption away from the premises regardless of limited table service outdoor service or places being provided for consumption on or off the premises or on a self service basis. All restaurants having less than thirty-five percent (35%) of the gross floor area in an enclosed building dining area or lacking waiter or waitress service shall be considered a drive-in restaurant.
(Ord. 12-2005. Passed 3-9-05.)
(2) "Restaurant" means an eating establishment where food, frozen dessrt or beverages are prepared and served by a waiter or waitress at tables or counters for consumption in a wholly enclosed building, any provision for take out service of food being incidental.
(Ord. 22-2005. Passed 9-14-05.)
(f) Stores for the preparation and processing of food and drink to be retailed on premises including bakery, delicatessen, meat market, confectionary, ice cream parlor, and soda fountains.
(g) Quasi-public institution, organization, and/or operation, instructional and meeting facilities for non-profit use such as those developed and used by the YMCA, YWCA, Boy Scouts, or various fraternal or community service groups. All activities, programs, and other events shall be adequately and properly supervise so as to prevent any hazard, disturbance, or nuisance to surrounding properties, residents, or to the community in general.
(h) Sporting goods store subject to:
(1) Sale of powered recreational vehicles shall be incidental to the total sales of stores, such incidental sales not to exceed ten percent (10%) of total sales volume.
(2) Outdoor displays of power recreational vehicles shall be prohibited.
(i) Cultural and educational facilities.
(j) Laundromats.
(k) Hospitals, convalescent, nursing and health homes, including training and teaching facilities.
(l) Funeral Homes.
(m) Other compatible uses.
(n) Conditional uses permitted in the Office/Professional District.
(Ord. 12-2005. Passed 3-9-05.)
1159.04 PROHIBITED USES.
(a) Adult entertainment Establishments as defined in Section 1162.02.
(b) Crematorium.
(c) Pinball and mechanical electronic games are not permitted except in incidental entertainment use in bars, night clubs, and taverns holding a valid hard liquor license. They are also permitted when allowed by Chapter 711 of the Codified Ordinances regulating amusement devices.
(d) Sale of fireworks and like items.
(Ord. 12-2005. Passed 3-9-05.)
1159.05 HEIGHT REGULATIONS.
Except as provided in Chapter 1171, no building shall be erected in the General Business District to a height in excess of two and one half stories or an excess of thirty-five feet, measured from the natural grade of the building line to the highest point on the roof, except that these provisions shall not apply to the height of a clock tower, wireless tower, chimney stack tower, scenery loft, or to the mechanical appurtenances part of such building. The above such projections shall not exceed ten feet above roof peak. All other projections in excess of ten feet must be approved by the Planning Commission.
(Ord. 12-2005. Passed 3-9-05.)
1159.06 YARD REQUIREMENTS.
(a) Setback Lines. The setback line for any building or structure erected shall be a minimum of twenty feet from the public right of way subject to Section 1151.04.
(b) Front Yard. The front yard shall be landscaped in accordance with Section 1151.09. No parking will be permitted in the front yard. A sidewalk with a minimum width of six feet shall be contiguous with those sides which contain the entrances to the building.
(c) Side and Rear Yards. Every building or structure intended for business use, shall have a rear and side yard, each of which shall have a width of at least ten feet from the rear and side lot lines except when adjacent to a Residential District use, the width shall be one hundred feet from the lot line adjacent to the Residential District; provided that the building and site arrangements also comply with the regulations set forth above and Section 1151.04.
(d) Storm Drainage. Drainage shall discharge into a common closed conduit which is to be located in the right of way of streets, alleys or easements. In no case shall the Planning Commission approve a storm drainage system which involves swales, roadside ditches, etc. as a means of conveying surface drainage from the sites.
(Ord. 12-2005. Passed 3-9-05.)
1159.07 INTENSITY OF USE.
(a) Minimum Lot Area. The minimum lot area shall be one acre. A business structure, a church or place of general assembly in a General Business District shall have a lot whose total area is not less than three times the ground area covered by the main structure or building.
(b) Minimum Lot Width. The lot width at the building and street right of way must be at least 200 feet.
(c) Size of Building. No building constructed for use in the General Business District shall exceed 30,000 square feet.
(Ord. 12-2005. Passed 3-9-05.)
1159.08 STORAGE AND WASTE REMOVAL.
Ample inside or enclosed storage space must be provided for commercial debris, waste and garbage. Storage space must be contiguous to the main building and all storage items shall be screened from the parking lot and roadway. Outside storage of various sundry items such a business equipment and rental or lease equipment, trade-in or salvage merchandise, construction material and containers or cases are prohibited. Removal and disposal by owner of the debris, waste or garbage is required to maintain a neat and orderly premises.
(Ord. 12-2005. Passed 3-9-05.)