Centerville City Zoning Code
COMMERCIAL USES
SPECIFICATION C
§ 154.085 LOCAL BUSINESS USES.
(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
LOCAL BUSINESS USES. Commercial uses primarily of a retail or service nature.
(B) The following classification of business uses specifically stated or implied in divisions (B)(1) through (B)(11) below are permitted in LB, GB, SC and I Districts. The business uses specifically stated or implied in division (B)(12) below are permitted in A, B and C Districts if the joint approval of the town Plan’s Commission and the Council is given or if the sole approval of the Council is given according to the procedure hereinafter set out:
(1) Automobile service:
(a) Filling station;
(b) Commercial garage;
(c) Commercial parking lot;
(d) Sales room;
(e) Open automobile or trailer sales area; and
(f) Automobile repair, entirely within enclosed buildings.
(2) Business service:
(a) Bank;
(b) Postal station; and
(c) Telegraph office.
(3) Clothing service:
(a) Laundry agency;
(b) Self-service;
(c) Dry-cleaning establishment using not more than two clothes-cleaning units, neither of which shall have a rated capacity of more than 40 pounds using cleaning fluid which is non-explosive and non-inflammable;
(d) Dressmaking;
(e) Millinery;
(f) Tailor and pressing shop; and
(g) Shoe repair shop.
(4) Equipment service:
(a) Radio shop;
(b) Electric appliance shop; and
(c) Record shop.
(5) Food service:
(a) Grocery;
(b) Meat market;
(c) Supermarket;
(d) Delicatessen;
(e) Restaurant;
(f) Cold storage lockers, for individual use;
(g) Bakery; and
(h) Roadside sales stand.
(6) Personal service:
(a) Barber shop;
(b) Reducing salon; and
(c) Photographic studio.
(7) Retail service, retail stores generally:
(a) Drug store;
(b) Hardware;
(c) Stationer;
(d) Newsdealer;
(e) Show room for articles to be sold at retail;
(f) Commercial greenhouse not exceeding 1,000 square feet in area;
(g) Apparel shop; and
(h) Flower shop.
(8) Commercial recreational uses, conducted only within buildings so constructed that no noise of any kind produced therein shall be audible beyond the confines of the building:
(a) Theater;
(b) Bowling alley;
(c) Billiard room;
(d) Dancing academy; and
(e) Tavern or night club, only in conformity with requirements of laws or ordinances governing this use.
(9) Hotel;
(10) Private club or lodge;
(11) Advertising sign or billboard; and
(12) Miscellaneous local business uses:
(a) Office;
(b) Physician’s office;
(c) Attorney’s office;
(d) Antique shop;
(e) Accountant’s office;
(f) Tax preparation office; and
(g) Beauty shop.
(C) The height of buildings for local business uses shall be as follows.
(D) Yard sizes for local business uses shall be as follows.
(1) Front yard.
(2) Side yard.
(a) Along the side street line of a corner lot in an LB District, where the block is adjoined by a residential block, the minimum dimension shall be five feet.
(b) Where an LB District adjoins an S, A, B or C District within the block, there shall be a side yard of at least five feet.
(c) In blocks included entirely in LB, GB or I Districts, no side yards are required. However, if a side yard is provided, the minimum dimension shall be four feet.
(3) Rear yard. The rear yard shall be 10% of the depth of the lot, except for businesses set forth in division (B)(12) above. The rear yard dimensions for business uses set forth in division (B)(12) above shall be the same as the rear yard dimensions set forth in §§ 154.065 through 154.072 of this chapter for the particular district.
(E) The lot coverage for local business uses shall be 90%, but this shall not waive provision of yards where required. The lot coverage for business uses set forth in division (B)(12) above shall be the same as the lot coverage percentage set forth in §§ 154.065 through 154.072 of this chapter for the particular district.
(F) The following is the procedure for obtaining business uses specified in division (B)(12) above in a residential area.
(1) Any landowner of real estate located in the town who desires to commence, operate or establish the type of business set forth in division (B)(12) above shall file a petition with the town’s Plan Commission requesting their approval. Each petition shall be accompanied by a site plan, drawn to scale, showing the location and height of all improvements located on the real estate, the dimensions of the lot, the size of the yards and open spaces, existing streets and proposed streets and alleys adjoining or within the lot and any other pertinent information that shall be necessary to provide for the enforcement of this chapter. All site plans shall be approved by the state’s Administrative Building Council and the state’s Fire Marshal, prior to filing a petition with the town’s Plan Commission.
(2) Prior to the granting of the final approval of the type of business use set forth in division (B)(12) above, the Plan Commission shall give notice and hold a public hearing on the business use requested by the petition. The notice shall be published in a newspaper of general circulation in the county and shall set forth the time and place of the hearing and the nature of the proposed business use.
(3) After a public meeting has been held, the Plan Commission may, by resolution, give its approval to the proposed business use if the business use is the type permitted by division (B)(12) above, or the Commission may withhold its approval and shall make a written recommendation to the Council.
(4) (a) At the first meeting of the Council after the approval or withholding of its approval of the proposed business use by the Plan Commission, the recommendation of the Commission shall be presented by the President or Secretary of the Commission to the Council for its approval or disapproval.
(b) If the Plan Commission has withheld its approval of the proposed business use and has presented a recommendation to the Council setting forth the fact of the withholding of its approval, there must be a vote of 75% of the total membership of the Council to grant an approval of the proposed business use.
(Prior Code, § 154.060) (Ord. 1-1957, passed 5-27-1957; Ord. 1-1972, passed 3-7-1972) Penalty, see § 154.999
§ 154.086 GENERAL BUSINESS USES.
(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
GENERAL BUSINESS USES. Commercial uses, including wholesale and storage uses, specifically stated or implied which are permitted in the GB and I Districts, including the following:
(a) Local business uses;
(b) Department store;
(c) Storage warehouse;
(d) Wholesale establishment;
(e) Motor bus or railroad passenger station; and
(f) Any commercial use not specifically stated or implied elsewhere in this chapter and complying with the above definition.
(B) The height of buildings for general business uses shall be as follows:
District | Normal Maximum Height Permitted |
GB and I | 60 ft. or five stories |
(C) Yard sizes for general business uses shall be as follows:
(1) Front yard:
District | Depth in Feet |
GB | None |
I | 15 |
(2) Side yard: none required. However, if a side yard is provided the minimum dimension shall be four feet; and
(3) Rear yard: 10% of the depth of the lot.
(D) The lot coverage for general business uses shall be 90%, but this shall not waive provision of yards where required.
(Prior Code, § 154.061) (Ord. 1-1957, passed 5-27-1957)
§ 154.087 VEHICLE PARKING SPACES.
(A) Parking spaces shall be provided on the commercial use lot, or within 300 feet thereof, on a site approved by the Board of Zoning Appeals, as follows:
Uses | Number of Parking Spaces |
Uses | Number of Parking Spaces |
1 space for each 3 employees | |
Commercial recreational uses, other than theaters, listed in local business category, § 154.085(B)(8) of this chapter | 1 space for each 125 square feet of floor area |
Department store or other commercial uses included under general business uses, § 154.086 of this chapter | |
Hotels | 1 space for each 3 sleeping rooms |
Private club or lodge | |
Theaters | 1 space for each 6 seats |
Wholesale establishments | |
(B) Groups of uses requiring vehicle parking space may join in establishing group parking areas with capacity aggregating that required for each participating use.
(C) Vehicle parking requirements shall not apply in a block, 50% or more of the area of which was occupied by business or industrial structures on 5-27-1957.
(Prior Code, § 154.062) (Ord. 1-1957, passed 5-27-1957)
§ 154.088 LOADING AND UNLOADING BERTHS.
Loading and unloading berths shall be provided on the commercial use lot as follows:
Use | Gross Floor Area (in square feet) | Loading and Unloading Berths |
Hotels and office buildings | 100,000 or less | 1 |
100,000 to 336,000 | 2 | |
Each 200,000 additional | 1 additional | |
Retail stores, department stores, wholesale establishments, storage uses and other commercial uses | 3,000 to 15,000 | 1 |
15,001 to 40,000 | 2 | |
Each 25,000 additional | 1 additional |
(Prior Code, § 154.063) (Ord. 1-1957, passed 5-27-1957)
§ 154.089 PAVING.
Open parking areas and loading and unloading berths shall be paved with a dust-proof or hard surface meeting the standard specifications of the town.
(Prior Code, § 154.064) (Ord. 1-1957, passed 5-27-1957)
§ 154.090 REAR AND FRONT YARDS.
(A) Rear yard. One-half of an alley abutting the rear of a commercial use lot may be included in the rear yard to satisfy rear yard requirements, but the alley space shall not be included for loading and unloading berths.
(B) Front yard. Where 25% or more of the lots in a commercial use block are occupied by buildings, the necessary setback of the buildings determines the dimension of the front yard in the block, but the maximum front yard need not exceed 15 feet.
(Prior Code, § 154.065) (Ord. 1-1957, passed 5-27-1957)
§ 154.091 VISION CLEARANCE ON CORNER LOTS.
Vision clearance on corner commercial use lots shall be eight feet from the intersection of property lines.
(Prior Code, § 154.066) (Ord. 1-1957, passed 5-27-1957)
§ 154.092 MAXIMUM HEIGHT.
The normal maximum height of commercial use structures may be increased as follows.
(A) Buildings may be erected higher than the normal maximum if they are set back, from front and rear property lines, one foot for each two feet of additional height above the normal maximum height.
(B) Chimneys, cooling towers, elevator bulkheads, fire towers, penthouses, stacks, tanks, water towers, transmission towers or essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.
(Prior Code, § 154.067) (Ord. 1-1957, passed 5-27-1957)