Village of Boston Heights OH, Planning and Zoning Code  

CHAPTER 1157
General Business District (GB)

CROSS REFERENCES

General Provisions - see P. & Z. 1151.04

Height extensions - see P. & Z. 1171.02

Raised advertising signs - see P. & Z. 1171.13

Design and fireproofing of buildings - see P. & Z. 1171.14

EDITOR'S NOTE:

Ordinance 5-2003 replaced former B-1 district (1159) with GB and RB districts.

1157.01 GENERAL BUSINESS DISTRICT REGULATIONS.

(a) 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.

(b) No building constructed for use in the General Business District shall exceed 30,000 square feet.

(Ord. 5-2003. Passed 3-12-2003.)

(c) Permitted Uses.

(1) All uses permitted in the Office Professional District (1155).

(2) 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.

(3) Banks or financial institutions where drive-in facilities are incidental to the operation of the facilities.

(4) Barber or beauty shops.

(5) Clothing, apparel, shoe, and variety stores. Souvenirs or souvenir-oriented materials shall not exceed five percent (5%) of total display area.

(6) Florist and gift shop. Souvenirs or souvenir-oriented materials shall not exceed five percent (5%) of total display area.

(7) Grocery store, drug store.

(8) Jewelry store.

(9) Shoe repair store.

(10) Tailor and dress maker shops.

(11) Non-paid, off-street parking lot.

(12) Medical supplies.

(13) Computer sales & service.

(14) Building trades.

(Ord. 5-2003. Passed 3-12-2003.)

(d) Conditional Permitted 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 to specific requirements of the regulations of Section 1157.07 referred to below.

(1) 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.

(2) Drive-in banking facilities subject to regulations of Section 1157.07.

(3) Public utility rights of way and appurtenant structures subject to regulations of Section 1157.07.

(4) Temporary buildings for the uses incidental to construction work subject to regulations of Section 1157.07.

(5) Eating and drinking establishments, but excluding drive-in food and beverage establishments defined as follows:

A. "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.

B. "Restaurant" means an eating establishment where food, frozen dessert or beverages are prepared and served by a waiter or waitress at tables or counters for consumption within a wholly enclosed building, any provision for take-out service of food being incidental.

(6) 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.

(7) Quasi-public institution, organization, and/or operation, instruction 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.

(A) All activities, programs, and other events shall be adequately and properly supervised so as to prevent any hazard, disturbance, or nuisance to surrounding properties, residents, or to the community in general.

(8) Sporting goods store subject to:

(A) 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.

(B) Outdoor displays of power recreational vehicles shall be prohibited. (Ord. 40-1985. Passed 8-21-85.)

(9) Cultural and educational facilities.

(10) Laundromats.

(11) Hospitals, convalescent, nursing and health homes, including training and teaching facilities.

(12) Funeral homes.

(13) Other compatible uses.

(Ord. 5-2003. Passed 3-12-2003.)

(e) Prohibited Uses.

(1) Adult Entertainment Establishments as defined in 1162.02.

(2) Crematorium.

(3) 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.

(4) Sale of fireworks and like items.

(Ord. 5-2003. Passed 3-12-2003.)

(f) General Restrictions.

(1) 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 as business equipment and rental or lease equipment, trade-in or salvage merchandise, construction materials 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. 40-1985. Passed 8-21-85.)

1157.03 LOT REQUIREMENTS.

(a) Minimum lot area: one acre.

(b) Minimum lot width at building and street right of way: 200 feet.
(Ord. 40-1985. Passed 8-21-85.)

(c) 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.
(Ord. 46-1987. Passed 10-14-87.)

1157.04 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.

(1) Front yard. The front yard shall be landscaped in accordance with Section 1157.09. 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.

(b) Side 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 an Residential District use, the width shall be twenty-five 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 1151.04.

(Ord. 5-2003. Passed 3-12-2003.)

(c) Height of Building. 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 stage tower, scenery loft, or other 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.

(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. 40-1985. Passed 8-21-85.)

1157.05 SITE PLAN REVIEW.

All business uses permitted under the General and Retail Business districts shall be permitted only after the review of the site plans by the Planning Commission and/or the Village Engineer should the Planning Commission refer it to the Village Engineer. The following general requirements must be met:

(a) The site plan shows that a proper relationship does exist between thoroughfares, service roads, driveways and parking areas to encourage pedestrian and vehicular traffic safety.

(b) All the development features, including the principal buildings, open spaces, service roads, driveways and parking areas are located and related as to minimize the possibility of any adverse effects and to maintain harmony with adjacent developments.

(c) The site plan includes adequate provision for the screening of parking areas and service areas from surrounding property by landscaping.

(d) Grading and surface drainage provisions are reviewed and approved by the Village Engineer. All drainage calculations and a drainage area map shall be provided for all developments.

(e) Maximum possible privacy for surrounding residential property shall be provided through good design and the use of proper building materials and landscaping. Visual privacy shall be provided through structural screening and landscaping treatment.

(f) The architectural design of commercial buildings shall be developed with consideration given to the relationship of adjacent development in terms of building height, mass, texture, materials, line in pattern and character.

(g) The site circulation shall be designed to assure adequate fire and police protection.

(h) Building location and placement shall be developed with consideration given to minimizing removal of trees.

(i) In parking areas with front yard frontages greater than 400 feet, visual relief shall be provided through the use of tree planted and landscaped dividers, islands and walkways. Landscaping and planting shall be a minimum of twenty percent (20%) of the side yard parking area and ten percent (10%) of the rear yard parking area.
(Ord. 40-1985. Passed 8-21-85.)

1157.06 CONFORMANCE WITH SITE PLANS.

(a) The use, placement and dimensions of all buildings, driveways, sidewalks, parking areas, and installation of landscaping, fences, lighting and walks shall conform to the approved site plan.

(b) Any revisions in the site plan after final approval by the Planning Commission must be resubmitted for approval by the Commission.

(c) Any subsequent construction, reconstruction, or changes in topography or the commercial uses of the property must be submitted to the Planning Commission for their approval.

(d) A performance bond made payable to the Village of Boston Heights in the amount of one hundred percent (100%) of the construction cost shall be required for issuance of a zoning certificate in the Office/Professional, General Business, Retail Business and Light Manufacturing use districts. Said bond shall also be required for conditional uses approved pursuant to Section 1153.02. After all conditions of the Zoning Ordinance are met, the bond shall be returned to the owner. Such bond shall be issued by a bonding company acceptable to the Zoning Inspector and the Planning Commission. (Ord. 5-2003. Passed 3-12-03.)

1157.07 OFF-STREET PARKING SPACES.

(a) Auditorium, stadium and similar uses: one for each three seats based on maximum seating capacity.

(b) Automobile repair garages: one for each employee plus one for each 500 square feet, or fraction thereof, of total gross floor area.

(c) Barber shops and beauty parlors: four for each barber or beauty operator.

(d) Business and professional offices, banks and studios: one for each 150 square feet, or fraction thereof, of total gross floor area plus one space for each employee.

(e) Churches and school auditorium: one for each three seats in principal auditorium, based on maximum seating capacity.

(f) Clubs and lodges: one for each 150 square feet or fraction thereof, of total floor area, or one for each two seating spaces in the assembly room, whichever is larger.

(g) Hospitals: one parking space for each bed, plus one space for each employee.

(h) Convalescent, nursing and health homes: one parking space for each two beds, plus one space for each employee.

(i) Laundromat: one for each two washing machines.

(j) Quasi-public or institutional meeting facilities: one parking space for each three seats and based on maximum seating capacity.

(k) Medical and dental offices and clinics: five for each physician or dentist plus one for each employee.

(l) Funeral homes: minimum of 100 parking spaces.

(m) Restaurants: one for each two seats of maximum designed capacity, plus one space for each employee.

(n) Small retail stores and personal service shops: one for each 100 square feet, or fraction thereof, of total gross floor area.

(o) Supermarkets, department stores and similar large retail stores: one for each 100 square feet, or fraction thereof, of total gross floor area.

(p) A minimum of ten car stalls for each 1,000 square feet of total gross floor area shall be provided whenever building usage is not specified.
(Ord. 40-1985. Passed 8-21-85.)

1157.08 PARKING REQUIREMENTS.

(a) Parking shall be provided with buildings of undesignated uses. The builder or developer must comply with the requirements of Section 1157.06.

(b) Stalls shall be at least ten feet wide and twenty feet in length and shall be striped.

(c) The width of the parking unit consisting of one lane and the opposite two 45 degree angle parking stalls shall be at least fifty-three feet. The width of the parking unit consisting of one lane and adjoining one 90 degree parking stall shall be forty-five feet. The width of the parking unit consisting of one lane and adjacent two 90 degree angle parking stalls shall be at least sixty-five feet. Each lane shall conduct traffic in one direction only.

(d) The parking area shall be paved with asphalt or concrete and contain adequate base material. Concrete parking areas shall consist of either a six-inch minimum depth of item 452 plain portland cement concrete pavement or six-inch minimum depth of item 451 reinforced portland cement concrete pavement. Sub-base to be a minimum thickness of three inches of item 310 as designated by the Ohio Department of Transportation current dated construction and material specifications. Asphalt parking areas shall consist of a minimum of two inches of item 304 aggregate base as designated by the Ohio Department of Transportation current dated construction and material specifications.

(e) All parking, loading areas and drives shall have adequate drainage so that all water is drained within the lot on which the parking area or drive is located in such a manner that water shall not drain off the parking facility pavement except through the proper sewers.

(f) Entrances and exits shall be located to minimize traffic congestion and avoid undue interference with pedestrian access at street intersection corners. There shall not be more than two accessways abutting any one street. Such accessways shall have a throat width of not less than twenty-five feet and a width using a minimum of twenty feet radius curve from the street curb line. All points of ingress and egress shall be located at least 100 feet from all major road intersections and at least 100 feet from all local or minor street intersections. All State and County highways shall be considered major streets.

(g) Provide ramp for handicapped persons.
(Ord. 40-1985. Passed 8-21-85.)

1157.09 LANDSCAPING REQUIREMENTS.

(a) Prior to approval of the site plan, the Planning Commission shall require:

(1) A landscaping plan of the site which shall show location and size of property, existing and proposed contours, location of all existing and proposed buildings, drives, sidewalks and parking area, existing and proposed landscaping.

(2) An estimate from a recognized landscape firm of the cost of the proposed landscaping.

(3) A performance bond in the amount of the estimate calculated in subsection (a)(2) hereof shall be deposited with the Clerk-Treasurer to ensure faithful performance of all landscaping provided in such construction. Further, the bond must be issued by a recognized and approved bonding company and shall be for a period commensurate with the completion of the landscaping plan.

Should an occupancy permit be issued prior to the completion of the landscaping plan, then the performance bond shall be renewed for that period of time which shall assure faithful compliance of the landscaping plan. (Removed Ord. 5-2003. Passed 3-12-2003.)

(b) All landscaping shall be completed or provided for completion as approved by the Planning Commission before an occupancy permit shall be issued. However, in the case of winter occupancy (after November 1), all planting is to be completed by the following May 1.

(c) Artificial landscaping and plantings are specifically prohibited.
(Ord. 40-1985. Passed 8-21-85.)

1157.10 CERTIFICATE OF OCCUPANCY.

No vacant land and no building erected, added to or altered shall be occupied or used in whole or in part nor shall any owner or tenant of any land or building hereafter changed the use classification or enlarge the use of any building or on any premises without a certificate of occupancy from the Zoning Inspector issued in accordance with the authority hereinafter provided; provided that nothing in this section shall prevent the continuance of the present occupancy or use of any premises or of any existing building.

(a) The Zoning Inspector is authorized to issue a certificate of occupancy upon completion of the following conditions:

(1) That all the provisions of the Zoning Ordinance have been satisfied;

(2) That he has received a certificate from the Building Inspector showing that the building, alterations and additions thereof and the premises have been completed in accordance with the Building Code;

(3) A certificate from the Village Engineer showing that all street improvements have been installed and all other provisions of the Subdivision Regulations have been complied with;

(4) That he has received a certificate from the Summit County Health Department showing that all the requirements of that department have been complied with.

(b) All certificates of occupancy shall be applied for coincidentally with the application for a zoning permit. Such certificate shall be issued with ten days after the provisions of subsection (a) hereof have been complied with. In the instances wherein zoning permits have been issued prior to the effective date of this amending ordinance, applications for certificate of occupancy shall be made with the Zoning Inspector prior to occupying and shall be issued as hereinbefore provided.

(c) The Zoning Inspector shall retain a record of all certificates of occupancy and a copy shall be furnished upon request to any person having a proprietary or tenancy interest in the building or premises affected.

(d) The Zoning Inspector shall cause a notice of compliance to be posted on all premises requiring the issuance of a certificate of occupancy.

(e) Whoever violates this section is guilty of a minor misdemeanor. Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance, or use continues may be deemed a separate offense. (Ord. 40-1985. Passed 8-21-85.)

Boston Heights Overlook

2003 Replacement Supplemental