Village of Boston Heights OH, Planning and Zoning Code

 

CHAPTER 1160
Retail Business District (RB)

 

1160.01 Purpose.

1160.05 Height Regulations.

1160.02 Permitted Uses.

1160.06 Yard Requirements.

1160.03 Conditional Uses.

1160.07 Intensity of Use.

1160.04 Prohibited Uses.

1160.08 Storage and Waste Removal.

 

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

 

1160.01 PURPOSE.

This district is established to provide for uses principally to accommodate large retail business operations for retail or hotels. It is intended that this district will encourage the development of businesses in wholly enclosed buildings located in a uniform manner.

(Ord. 12-2005. Passed 3-9-05.)

1160.02 PERMITTED USES.

(a) All uses permitted in the Office/Professional District and General Business District.

(b) Hardware, paint, floor coverings, wall paper, materials and objects for interior decorating, outdoor accessories, and repair of household items, building supplies and bicycles.

(c) Retail sales of furniture, appliances, and other major household articles.

(d) Amusement and recreational uses such as a bowling alley, theater, indoor racquetball court, indoor tennis court, but excluding drive-in theaters and other drive-in uses such as miniature golf and driving ranges and other uses where the recreation is primarily outdoors.

(e) Sidewalk sales and service uses such as galleries, sales and garden shops subject to regulations of Section 1151.07.

(Ord. 12-2005. Passed 3-9-05.)

1160.03 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) Vehicle service stations subject to the following:

(1) No vehicle service station shall be located closer than 400 feet from any other vehicle service station.

(2) Locations shall be on major thoroughfares and at intersection of major and/or collector thoroughfares.

(3) Site location should be preferred that offer natural or manmade barriers that would lessen the effect of intrusion into an area. Further site selection should be compatible to surrounding area and the following factors should be considered for site selection:

A. Appearance of proposed station.

B. Existence of nearby service stations.

C. Character of surrounding land.

D. Proximity to residential users.

E. Distance from places of public assembly.

(4) Such uses shall be permitted under the following conditions:

A. Provided that such facilities be located at the extremity of the business district so as not to interfere with the pedestrian exchange interchange between stores in the complex and provided further that it would not limit expansion of pedestrian oriented facilities.

B. No more than two driveway approaches shall be permitted directly from any thoroughfare and shall not exceed thirty feet in width at the the property line.

C. If the property fronts on two or more streets, the driveway shall be located as far from the street intersection as is practical.

D. At least six-inch high pedestrian safety curbs shall be installed along all street right of way lines except at driveway approaches.

E. Rental, leasing, storage or permitting of parking of any vehicles such as trailers or tools except for servicing and/or emergency purposes, shall not be permitted.

(b) Car washes.

(c) Motels and Hotels.

(d) Taverns.

(e) Automobile sales.

(f) Other commercial venues housed in buildings which are not in conflict with the general commercial makeup of the adjacent area and are compatible with the aforementioned conditional uses.

(g) Conditional uses permitted in the Office/Professional and General Business Districts.

(Ord. 12-2005. Passed 3-9-05.)

1160.04 PROHIBITED USES.

(a) Crematorium.

(b) 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.

(c) Sale of fireworks and like items.

(Ord. 12-2005. Passed 3-9-05.)

1160.05 HEIGHT REGULATIONS.

Except as provided in Chapter 1171, no building shall be erected in the Retail 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.)

1160.06 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.)

1160.07 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 Retail 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) Open Areas. Exclusive of driveways, parking and building areas, each lot shall contain twenty-five percent (25%) of its total lot area in landscaped open area. Any buffer of undeveloped land required by Section 1151.04(a) of the Planning and Zoning Code shall be included in the calculation of the 25% required by this subsection.

(d) Size of Building. No building constructed for use in the Retail Business District shall exceed 50,000 square feet.

(Ord. 12-2005. Passed 3-9-05.)

1160.08 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.)


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