The Highway Service Business Districts will permit uses that are primarily aimed at servicing the traveling public, promoting commerce beneficial to the community, and providing facilities and traffic patterns that are better located outside the central retail and residential areas of the village.

(Ord. 87-27, § 365.1, passed 7-7-1987; Ord. 18--96, passed 4-15-1996; Ord. 6-2014, passed 2-4-2014)

   The following are permitted uses:

   (A)   Hotels and motels.

   (B)   Restaurants including those having the characteristics of a drive-in.

   (C)   Health care and medical services.

(Ord. 87-27, §365.2, passed 7-7-1987; Ord. 18--96, passed 4-15-1996; Ord. 6-2014, passed 2-4-2014)

   (A)   Gasoline stations, subject to the conditions at § 155.218.

   (B)   Recreational and fitness uses shall be permitted subject to the conditions hereinafter imposed:

      (1)   All motorized uses are prohibited, whether indoor or outdoor.

      (2)   Access to and from the site shall be provided by an arterial thoroughfare or by an access road connected to the arterial thoroughfare or by an access road connected to the arterial thoroughfare as sited and approved by the Village Engineer.

      (3)   The provisions of §§ 155.219, 155.220, 155.221, 155.222, 155.223, 155.224, 155.225, 155.226 and 155.409 shall apply.

   (C)   Libraries, museums and non-profit cultural institutions shall be permitted subject to the conditions hereinafter imposed:

      (3)   The provisions of §§ 155.219, 155.220, 155.221, 155.222, 155.223, 155.224 and 155.409.

   (D)   Retail of the following types subject to the following conditions:

      (1)   Conditional retail uses:

         (a)   General merchandise.

         (b)   Wholesale or specialty food.

         (c)   Clothing, apparel, and accessory stores.

         (d)   Home furnishings, furniture and equipment.

         (e)   Consumer electronics.

         (f)   Recreational supplies and sporting goods.

         (g)   Hobbies and crafts.

         (h)   Books.

         (i)   Agricultural and pet supplies.

         (j)   Construction equipment, supplies, and lumber.

      (2)   Conditions of retail use within the B-3 Highway Service Business District:

         (a)   Retail square footage, minimum. A single retail use shall have a minimum square footage of 5,000 square feet.

         (b)   Retail square footage, maximum. Buildings, or combinations of buildings for retail use, shall have an aggregate square footage of less than 30,000 square feet.

         (c)   Proposals for retail uses exceeding the square footage limitation above shall be subject to the following additional conditions:

            1.   In addition to the procedures related to traffic impact studies elsewhere in this code, the application for retail use exceeding the above square footage limitation must be accompanied by a report, prepared by a professional engineer licensed in Ohio. The report must identify the existing and proposed use and the capacity of publicly-owned utility infrastructure impacted by the proposed property development. The report shall include an analysis of those impacts and shall include recommendations for mitigating those impacts. The report and recommendation shall be of sufficient detail to permit the Planning Commission, in consultation with the engineer for the village, to determine if the proposal adequately addresses said impacts. This report shall accompany the traffic impact study and shall be subject to the same time schedule. Likewise, the Planning Commission is authorized to require improvements designed to mitigate the impact of the proposed use on public utilities prior to granting a permit.

            2.   Without regard to the anticipated trip ends per peak hour, the procedure provided in this zoning ordinance for traffic impact studies shall apply and a traffic impact study as described therein shall be required.

         (d)   There shall be no more than one retail use per parcel of land unless shared access routes are to be utilized. For the purpose of determining whether such multiple retail uses will require a traffic impact study, the sum of the trip ends per peak hour of the individual uses shall be used.

         (e)   The entire surface used for motor vehicle movement or parking shall be paved with asphalt or concrete.

   (E)   The following industrial uses, subject to the following conditions:

      (1)   Conditional Industrial uses:

         (a)   Manufacturing and assembly of products from raw materials or component parts except as otherwise expressly prohibited.

         (b)   The incidental use of premises which are primarily manufacturing in nature for offices, storage or shipping in connection with the manufacturing process.

         (c)   Truck terminal.

         (d)   Warehouses.

         (e)   Storage and transfer facilities.

         (f)   Wholesale storage and distribution facilities.

         (g)   Accessory uses to any of the above.

         (h)   Parabolic/dish type antennae. See § 155.303.

      (2)   Conditions of Industrial use inside the B-3 Highway Service Business District:

         (a)   Noise, odors, vibration. No industrial use shall create noise, odors or vibrations that can be detectible by a person from 25 feet or greater outside of a building. Additionally, any loading dock or other area designed for the use by commercial trucks shall be located as far as practicable from any hotel or restaurant.

         (b)   Greenbelt; landscaping. Prior to the issuance of a permit for an industrial use, the person requesting the permit must supply the Planning Commission with landscaping plans for approval by the Planning Commission to ensure an attractive frontage on public highways.

         (c)    Hours of shipments and deliveries. In order to protect the services provided to the traveling public in the Highway Service Business District, the hours of shipments and deliveries to and from any industrial use shall be limited to between 6:00 a.m. and 10:00 p.m.

         (d)   Paving. The entire surface used for motor vehicle movement or parking shall be paved with asphalt or concrete.

(Ord. 87-27, § 366, passed 7-7-1987; Ord. 18--96, passed 4-15-1996; Ord. 17-02, passed 6-10-2002; Ord. 32-03, passed 10-6-2003; Ord. 6-2014, passed 2-4-2014)

   All buildings in §§ 155.216 and 155.217 shall meet the following setback requirements:

   (A)   Front: 30 feet from right-of-way, except along State Route 97, where the minimum front setback shall be 50 feet from right-of-way.

   (B)   Side: 20 feet from property line.

   (C)   Rear: 30 feet from property line.

(Ord. 87-27, § 372, passed 7-7-1987; Ord. 18--96, passed 4-15-1996; Ord. 6-2014, passed 2-4-2014)

   See §§ 155.346 to 155.368.

   See §§ 155.320 to 155.333.

   See §§ 155.285 to 155.301.

   (A)   Driveways: spacing. 

      (1)   New driveways shall have minimum spacing from the nearest existing driveway according to the speed limit applicable on the highway into which the cut is made, according to the following drive spacing schedule:

         (a)   Where the speed limit is 35 mph or less, one driveway per 250 feet.

         (b)   Where the speed limit is 40 mph, one driveway per 305 feet.

         (c)   Where the speed limit is 45 mph, one driveway per 360 feet.

         (d)   Where the speed limit is 50 mph, one driveway per 425 feet.

      (2)   The Planning Commission may grant a variance of this requirement only in instances where a Traffic Impact Study as described below has been created and considered. It is understood and intended that shared access routes may be required to comply with this section.

   (B)   Driveways; number. Each lot or contiguous set of lots of common ownership shall have only one driveway, unless a traffic impact study as described below has been created and considered and it is determined by the Planning Commission that multiple driveways will enhance safety of travelers and visitors to the property for which multiple driveways are being requested.

   (C)   Variances. Variances in the limitations in this section may be granted in cases of hardship and only with respect to parcels the borders of which remain unchanged from the date of the original passage of this section and that also had no existing driveway at the date of the original passage of this section.

(Ord. 6-2014, passed 2-4-2014)

   (A)   Traffic impact study, when required. For those proposed uses for which it is reasonably expected will generate 100 trip ends per peak hour or more, or where otherwise required under this zoning ordinance, a traffic impact study as described herein must be created at the expense of the party seeking a use permit (the “permit seeker”) to determine what improvements, if any, shall be required prior to occupation of the premises. Alternately, for developments generating less than 100 trip ends per peak hour, an auxiliary lane analysis may be required to determine if separate turn lanes are needed to facilitate development traffic at an unsignalized access point. The expense of the auxiliary turn lane analysis shall be borne by the permit seeker.

   (B)   Procedure for traffic impact studies.

      (1)   The traffic impact study shall be created in conformity with the then-current State Highway Access Management Manual published by the Ohio Department of Transportation (the ODOT Manual).

      (2)   Upon presentment of a complete traffic impact study or auxiliary turn lane analysis, the Planning Commission shall have 60 days to accept the traffic impact study or to notify the permit seeker that the traffic impact study does not conform to the ODOT Manual, or requires revision based upon review by the village, which notice shall refer to specific shortcomings.

      (3)   Upon acceptance of a traffic impact study or auxiliary turn lane analysis, the Planning Commission shall set upon the agenda for a meeting no less than 15 days from acceptance of the traffic impact study to no more than 60 days from acceptance of the traffic impact study the question of what improvements, if any, the permit requester shall be required to make to address any degradation of service anticipated by the traffic impact study. The permit seeker shall be invited to attend and participate in these discussions. However, the final decision on the required improvements shall be made by the Planning Commission.

      (4)   Any improvements required under this section must be completed prior to occupancy of the structure, and it is requested that other government regulatory bodies withhold any occupancy permits or certificates until such agreed-upon improvements are made.

(Ord. 6-2014, passed 2-4-2014)

   Notwithstanding any other provisions related to the B-3 district, the following businesses shall not be permitted in a B-3 Highway Service Business District:

   (A)   Garbage or rubbish haulers or recycling operations.

   (B)   Sewer or septic tank cleaning or repairing.

   (C)   Asphalt and concrete plants.

   (D)   Processes involving heating of plastics and/or foams.

   (E)   Processes of stamping that can be detected by a person of vibration or audible sound from 25 feet outside the building.

   (F)   The provision for them being provided for and regulated elsewhere within the village, sexually oriented businesses are excluded from the B-3 Highway Service Business District.

   (G)   Distribution of bulk propane or bulk combustible fuels.

   (H)   All excluded uses set forth in § 155.252.

(Ord. 6-2014, passed 2-4-2014)