Bellville City Zoning Code
B-2 GENERAL
BUSINESS DISTRICT
§ 155.185 PURPOSE.
The purpose of the B-2 General Business District is to provide a zone for the conduct of business uses of all types.
(Ord. 87-27, § 340, passed 7-7-1987)
§ 155.186 USE.
Within the B-2 General Business District the following uses are permitted:
(A) All uses permitted in B-1 Business District under § 155.161.
(B) Retail stores primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods.
(1) General merchandise:
(a) Hardware stores.
(b) Department stores.
(c) Miscellaneous general merchandise stores.
(2) Food:
(a) Grocery stores.
(b) Meat and fish markets.
(c) Fruit stores and vegetable markets.
(d) Candy, nut and confectionary stores
(e) Dairy products stores.
(f) Retail bakeries.
(g) Miscellaneous food stores.
(3) Clothing, apparel, and accessory stores.
(4) Home furnishings, furniture and equipment.
(5) Restaurants; fraternal and social organizations.
(6) Miscellaneous retail:
(a) Drug stores.
(b) Florists.
(c) Miscellaneous retail stores, not elsewhere classified.
(7) Personal and consumer service.
(a) Beauty shops.
(b) Barber shops.
(c) Laundromats.
(d) Miscellaneous personal services.
(C) Funeral homes.
(D) Sexually oriented business as defined by § 155.201 provided:
(1) The parcel of land upon which the sexually oriented business is located at a minimum of 500 feet from the nearest parcel of land containing a school, church, funeral home or residence.
(2) The parcel of land upon which the sexually oriented business is located is a minimum of 500 feet from any other parcel of land containing a sexually oriented business.
(3) Nothing in this section shall be deemed to amend legislation on Chapter 133, Sex Related Offenses, of this code of ordinances or otherwise make any conduct legal which is illegal under that chapter.
(Ord. 87-27, §341, passed 7-7-1987; Ord. 1896, passed 4-15-1996; Ord. 20-05, passed 7-5-2005)
§ 155.187 CONDITIONALLY PERMITTED USES.
Within the B-2 Business District the following uses shall be conditionally permitted:
(A) Gasoline service stations and automobile service repair garages subject to regulations in § 155.190.
(B) Drive thru carryouts.
(C) Attached one-family dwelling units subject to the provisions of § 155.189.
(D) Rooming houses subject to the provisions of § 155.162(E).
(E) Parabolic/dish type antennae. See § 155.303.
(F) Parking of one semi-tractor and semitrailer or commercial truck.
(G) Billiard rooms.
(H) Sidewalk sales, carnivals, flea markets and similar uses subject to the resolutions in § 155.200.
(Ord. 87-27, § 342, passed 7-7-1987; Ord. 6-94, passed 5-16-1994; Ord. 1896, passed 4-15-1996; Ord. 20-05, passed 7-5-2005)
§ 155.188 EXCLUDED USES.
Notwithstanding § 155.186 within the B-2 General Business District the following uses shall not be permitted:
(A) Automobile wrecking or salvage yards.
(B) Junkyards, garbage or rubbish haulers or recycling operations.
(C) Sewer or septic cleaning or repairing.
(D) Processing, manufacturing or assembly operations, except as are incidental to the sale of goods.
(E) Churches, synagogues, and temples for religious worship.
(F) Junk or unlicensed motor vehicles stored outside any building or structure.
(G) House trailers, industrial units and manufactured homes.
(Ord. 87-27, § 343, passed 7-7-1987)
§ 155.189 ATTACHED ONE-FAMILY DWELLING UNITS; CONDITIONS.
A one-family dwelling unit shall be allowed in this district provided it meets the following requirements:
(A) Minimum floor area of 800 square feet.
(B) No more than one dwelling unit shall be permitted per building.
(C) Each such dwelling unit must be attached to or constructed within a building containing a business or office use.
(D) Accessory uses as permitted in the R-2 District.
(Ord. 87-27, § 344, passed 7-7-1987)
§ 155.190 GASOLINE SERVICE STATIONS.
Whenever gasoline service stations are listed as a conditionally permitted use within the village, the following requirements shall apply:
(A) Gasoline service stations shall be limited to the sale of motor vehicle fuel, oil, tires, batteries, accessories and incidental repair work. Such work shall not include body repair, painting, tire recapping, engine rebuilding or overhauling.
(B) Curb cuts for ingress and egress shall be limited to a specific number as approved by the Planning Commission and the balance of the property shall be barricaded from access to the streets.
(C) All curb cuts shall be at least 100 feet from the nearest intersection.
(D) The minimum lot area shall be 20,000 square feet.
(E) Service stations shall be shielded on all sides which abut onto a residential district or existing residential use, except the street side, by an obscuring greenbelt at least six feet in height, six feet in width and four feet from property line.
(F) No inoperative motor vehicles shall be stored on the premises except those which are presently being worked upon.
(G) The rental of trucks or trailers may also be carried on as part of the gasoline service station business provided that the total lot shall be not less than one acre.
(H) The entire surface used for motor vehicle movement or storage shall be paved with asphalt or concrete.
(I) All pump islands shall be located at least 25 feet from the street right of way.
(J) All buildings shall have a setback of at least 40 feet from the front lot line and from any side lot line which abuts a public street. The building setback line which does not abut a public street and the rear lot line shall be 15 feet.
(K) All lighting shall be shielded from adjoining properties.
(L) One parking space shall be provided on the premises for each employee and one space for each 200 square feet of floor area devoted to the sale of non-automotive products. The space used for vehicle fueling shall not be used to meet these parking requirements.
(M) No used motor vehicle parts including tires shall be stored outside of any building.
(Ord. 87-27, § 345, passed 7-7-1987)
§ 155.191 FENCING/SCREENING REQUIREMENT.
§ 155.192 LIGHTING.
All exterior lighting in the B-2 District shall be shielded so as not to shine on R-1, R-2, or B-1 properties located within 40 feet of property lines.
(Ord. 87-27, § 347, passed 7-7-1987)
§ 155.193 LOUDSPEAKERS.
No loudspeakers shall be located outside of any building nor shall they be permitted to be used inside any building in such a manner that they are designed or intended to broadcast outside of the buildings.
(Ord. 87-27, § 348, passed 7-7-1987)
§ 155.194 GREENBELT REQUIREMENTS.
All land within a B-2 District which abuts a residential district or existing residential use shall have an obscuring greenbelt. See § 155.304.
(Ord. 87-27, § 349, passed 7-7-1987)
§ 155.195 MAXIMUM BUILDING HEIGHT.
All buildings within a B-2 District shall not exceed more than two stories or 25 feet from ground level excluding water tanks, aerials, chimneys, and other appurtenances that may exceed that height.
(Ord. 87-27, § 350, passed 7-7-1987)
§ 155.196 SETBACK REQUIREMENTS.
(A) Front: 30 feet from right-of-way.
(B) Side: no setback required except those sides which are adjacent or abuts a residential district. A 25-foot setback shall be required and not used for any other purpose on the side abutting the Residential District.
(C) Rear: 30 feet from property line.
(Ord. 87-27, § 351, passed 7-7-1987)
§ 155.200 SIDEWALK SALES, CARNIVALS, FLEA MARKETS.
Whenever sidewalk sales, carnivals or flea markets are listed as a conditionally permitted use within the village, the following requirements shall apply:
(A) The location of the use must be drawn and provided by a site plan.
(B) The same use can operate no more than four consecutive days in any calendar year on any one lot or parcel.
(C) Off-street parking must be provided or be otherwise available so as to permit the free flow of traffic on public streets.
(D) The hours of operation shall be between the hours of 9:00 a.m. to 10:00 p.m.
(E) If the use is to be operated on an unimproved site, then adequate dust control must be provided to prevent a nuisance to adjoining landowners.
(Ord. 87-27, § 355, passed 7-7-1987; Ord. 6-94, passed 5-16-1994)
§ 155.201 SEXUALLY ORIENTED BUSINESSES.
Whenever sexually oriented businesses are listed as a permitted use within the village, the following definitions and requirements shall apply: As used in this section, the following definitions shall apply.
ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE. A commercial establishment which utilized 25% or more of its retail selling area for the purpose of sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
(2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity; or
(2) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) Film, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTEL. A hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motions pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas.
ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.
NUDE MODEL STUDIO. Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female person s and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
SPECIFIED ANATOMICAL AREAS. Human genitals in a state of sexual arousal.
SPECIFIED SEXUAL ACTIVITIES. Means and includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual of simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (3) in this definition.
(Ord. 87-27, § 356, passed 7-7-1987; Ord. 18-96, passed 4-15-1996; Ord. 20-05, passed 7-5-2005)