The B- I Business District is designed to provide convenient, day-to-day retail shopping and service facilities for persons residing in the community with a minimum impact upon surrounding residential development. It is also intended to allow by Special Use Permit (SUP) for residential land uses and mixed use development, intensive service establishments and certain light industrial, and highway-oriented commercial uses.

(Ord. 2001-6. Passed 11-12-01; Ord. 2010-1. Passed 4-12-10.)

   Uses permitted by right in the B-1 Business District shall be all of the following uses which uses must be conducted wholly in a permanent, fully enclosed building and shall be subject to Site Plan Review pursuant to Chapter 1296, parking requirements pursuant to Chapter 1288, and sign requirements of Chapter 846:

   (a)   Retail food establishments which supply groceries, fruits, vegetables, meats, dairy products, baked goods, confections or similar commodities for consumption off the premises. Foodstuffs may be prepared or manufactured on the premises as an accessory activity if the sale of the product is limited to the local retail store;

   (b)   Restaurants, including lunch counters, dairy bars and other establishments which provide food for consumption on the premises, excluding establishments with “drive-in” facilities;

   (c)   Other retail businesses, such as drug, variety, secondhand stores, dry goods, clothing, notions, music, book or hardware stores which supply commodities on the premises;

   (d)   Personal service establishments which perform services on the premises, such as barber or beauty shops, repair shops for shoes, radios, televisions and jewelry, and self-service laundries and photographic studios;

   (e)   Offices for professional services, such as medical professionals (doctors, dentists, osteopaths, etc.), consultants, service, sales and similar professions.

   (f)   Professional offices for architects, engineers, artists and others employed in the graphic arts field;

   (g)   Banks and other financial corporation offices;

   (h)   Administrative offices in which the personnel will be employed in one or more of the following fields: executive, administrative, legal, writing, clerical, stenographic, accounting, insurance and similar enterprises;

   (i)   Printing, publishing, photographic reproduction, blueprinting and related trades and arts;

   (j)   Computer software development and sales and assembly of hardware computer components for sale;

   (k)   Business colleges, dancing or musical studios;

   (l)   Small engine repair facilities.

   (m)   Other uses of a similar and no more objectionable character which can meet the site development requirements of 1278.05.

(Ord. 2001-6. Passed 11-12-01; Ord. 2003-7. Passed 1-12-04.)

   The following uses of land and structures shall be permitted in the B-1 Business District, subject to the conditions hereinafter imposed for each use and to Site Plan Review pursuant to Chapter 1296, parking requirements pursuant to Chapter 1288, and sign requirements of Chapter 846:

   (a)   Accessory uses which comply with the following conditions and standards:

      (1)   Definition: An “accessory use” is a use which is clearly incidental to, customarily found in connection with, devoted exclusively to, subordinate to, and located on the same lot as the principal use to which it is related.

      (2)   The outdoor display of retail merchandise may be permitted as an accessory use, provided that it takes place in an area indicated for such use on an approved site plan. Such display areas shall not encroach on any required parking or maneuvering areas, extend into any required yard setback or interfere with pedestrian safety. The outdoor display area shall not exceed 10% of the floor area of the principal building.

   (b)   Public buildings, such as post offices, passenger terminals, libraries or similar public office buildings, provided that there is no outside storage and that such public uses serve primarily persons living within the community.

   (c)   Temporary outdoor uses, such as sidewalk sales, displays, Christmas tree sales lots, revival tents or other quasi-civic activities may be permitted on a temporary basis without a public hearing by the Board of Appeals, provided that such approval shall not be granted for more than 30 days in any one year.

   (d)   Pet shops, provided that all animals and birds are kept entirely within the building at all times.

   (e)   Veterinary hospitals, clinics and kennels, provided animals are housed within buildings at all times.

   (f)   Building supply and equipment stores which meet the following provisions:

      (1)   Definition: “Building supply and equipment stores” feature retail sales, as typically incidental to contractors, in which a workshop is required for successful operation and in which the retail outlet or show room may in fact be an accessory use, such as, but not limited to: plumber, electrician, lighting fixtures, air conditioning and heating, radio and television, interior decorator, reupholstery and refinishing.

      (2)   Not more than 50% of the total usable floor area of the establishment (excluding storage areas) shall be used for servicing, repairing, manufacturing or processing activities.

   (g)   Trade or industrial schools which meet the following provision: vehicles associated with the instructional facility may be left on the site overnight providing:

      (1)   Vehicles shall be stored within an enclosed building or in an area screened by an opaque fence not less than 6 feet in height which is continuously maintained in good condition;

      (2)   Areas for the outside storage of vehicles overnight shall be designated on an approved site plan;

      (3)   There shall be no outdoor repair activity on vehicles.

   (h)   Public utility installations and buildings without outside storage, provided that all mechanical equipment located in the open must be fenced and screened.

   (i)   Enclosed storage facilities for building material and supplies, sand, gravel, stone, lumber and contractor's equipment, provided the following conditions are met:

      (1)   The proposed site shall front upon a major thoroughfare. All ingress and egress to the site shall be directly from said thoroughfare;

      (2)   On-site circulation areas including areas of ingress and egress shall be paved and graded and drained so as to prevent collection of water.

   (j)   Institutions for human care, which include hospitals, sanitariums, nursing or convalescent homes, homes for the aged, philanthropic and eleemosynary institutions, provided all of the following conditions are met:

      (1)   Excluded activities: Institutions for the mentally retarded and physically handicapped, drug or alcohol rehabilitation camps or correctional institutions are prohibited in any residential district.

      (2)   Minimum lot size: 2 acres, except for hospitals, which shall require 10 acres.

      (3)   Minimum yard setbacks: 50 feet, except that hospitals which are two stories or greater shall be set back 100 feet to any street or property line.

      (4)   Maximum building coverage: 25%.

      (5)   Ambulance and delivery areas are to be screened from view from adjacent residential uses and residential and agricultural districts with a masonry wall which is 6 feet in height.

   (k)   Funeral homes and mortuaries provided all of the following conditions are met:

      (1)   All aspects of activities related to such uses shall take place within the principal building and not in an accessory building. A caretaker's residence may be provided within the principal building.

      (2)   Adequate off-street assembly area for vehicles used in funeral processions shall be provided in addition to any required off-street parking area.

   (l)   Open air business uses, such as retail sales of plant material not grown on the site, sales of lawn furniture, playground equipment and garden supplies provided the following conditions are met:

      (1)   Any area to be used for outside storage of display materials or equipment shall be designated on the approved site plan and shall be paved, graded and drained so as to prevent the collection of water.

      (2)   Any display materials or equipment stored or displayed outside of an enclosed building shall not extend into any required yard (setback) or occupy any required parking or maneuvering areas for vehicles.

      (3)   The size of the outdoor storage or display area shall not exceed 10% of the gross floor area of the principal building.

   (m)   Day care centers and adult foster care congregate facilities, provided that all areas for outdoor recreation shall be fully screened with a solid fence not less than four feet in height.

(Ord. 2001-4. Passed 10-8-01; Ord. 2001-6. Passed 11-12-01; Ord. 2003-7. Passed 1-12-04; Ord. 2009-7. Passed 12-14-09; Ord. 2015-1. Passed 4-13-15.)

   Uses of land and structures permitted by special use permit in the B-1 Business District shall be all of the following uses. A special use permit will be issued upon application for both Site Plan Review and special use permit when both are found to be in compliance with the requirements of this Zoning Code, including the parking requirements of Chapter 1288 and the sign requirements of Chapter 846.

   (a)   Gasoline service stations which comply with the following:

      (1)   Definition. A “gasoline service station” is any area of land, including any structure or structures thereon, that is used or designed to be used for the retail sales of gasoline, oil and similar products. Also included is automobile maintenance, including minor mechanical repairs. This use is not intended to allow for uses specifically listed under “commercial garages” in division (c) of this section or “vehicular washing facilities” in division (n) of this section.

      (2)   Prohibited uses. Painting of vehicles is not permitted as a part of a gasoline service station.

      (3)   Relations and conditions. The following specific provisions and requirements shall apply:

         A.   Minimum lot size: 15,000 square feet. In addition, gasoline service stations shall have 500 square feet of site area for each additional pump over 4, and 1,000 square feet of site area for each additional service bay over 2.

         B.   Minimum lot width: 150 feet.

         C.   Minimum yard setbacks: The principal building shall be setback a minimum of 40 feet from all street right-of-way lines. The principal building shall also be set back a minimum of 25 feet from any property line in a residential district unless separated therefrom by a street or alley. No installations, except walls or fencing and permitted signs, lighting and essential services, may be constructed closer than 15 feet to the line of any street right-of- way.

   (b)   Public buildings and public service installations with outside storage and/or which are not covered in Section 1278.03(c).

   (c)   Commercial garages serving automobiles, trucks, trailers and boats under the following conditions:

      (1)   Definition: A “commercial garage” is a building, structure or parcel of land or any portion used for the repairing, cleaning, sewing, equipping, painting or diagnosing of motor vehicles when operated as a business. The following uses may be permitted in conjunction with a commercial garage:

         A.   Automobile towing, including parking of a wrecker and inoperative vehicles waiting for immediate repair.

         B.   Parking and storage of inoperative vehicles, provided that such parking or storage areas shall be within an enclosed building or shall be screened by an opaque fence not less than 6 feet in height. Storage areas for inoperative vehicles shall be designated on an approved site plan.

         C.   Automobile body repairs.

      (2)   No more than 10% of the gross area of the district shall be utilized for this use.

      (3)   Minimum lot size: 15,000 square feet. In addition, commercial garages shall have 1,000 square feet of site area for each additional service bay over two. There shall also be 300 square feet of additional site area for each space intended for storage of inoperable vehicles.

      (4)   Minimum lot width: 150 feet.

      (5)   Automobile and truck and trailer repair, including but not limited to hydraulic hoists, pits and all lubrications, greasing, washing or repair equipment, and the sale of automotive accessories shall be conducted within a wholly enclosed building.

   (d)   Motel, motor-hotel, hotel and transient lodging facilities including bed and breakfasts, but not including trailer camps or tent sites.

   (e)   Miniature golf, golf driving ranges; race tracks, drive-in theaters, or similar public amusements and temporary and transient amusement enterprises which meet the following provisions:

      (1)   All points of entrance or exit for motor vehicles shall be located no closer than 200 feet from the intersection of any two streets.

      (2)   Whenever any use that may be permitted in this division abuts property which is zoned or used for residential or agricultural purposes, a transition strip of at least 200 feet in width shall be provided between all operations and structures, including fences, and the adjacent residential or agricultural property. Grass, plant materials and structural screens of a type approved by the Planning Commission shall be placed within said transition strip.

      (3)   Race tracks and drive-in theaters shall be enclosed for their full periphery with a solid screen fence at least 8 feet in height. Fences shall be of sound construction and well maintained.

      (4)   Drive-in theater ticket gates shall be provided in accordance with the following ratio: one ticket gate for every 250 cars of capacity provided in the theaters. Vehicle standing space shall be provided between the ticket gates and the street or highway right-of-way line equal to at least 30% of the vehicular capacity of the theater.

      (5)   Drive-in theater picture screens shall not be permitted to face any public street and shall be so located as to be out of view from any major arterial. The picture screen tower shall not exceed 65 feet in height.

      (6)   For drive-in theaters, no more than two advertising signs not exceeding in aggregate more than 500 square feet shall be permitted. Said signs shall only advertise the business and shall be so located as not to obstruct traffic or vision upon any public street. In no event is any one sign to exceed 250 square feet.

   (f)   Fur and dry cleaning establishments, provided that nonflammable and odorless cleaning fluid or solvent is used and that all dry cleaning is limited to that material and clothing picked up over the counter of the premises.

   (g)   Commercial recreation facilities, such as bowling alleys, billiard halls, indoor archery ranges, indoor skating rinks or other similar uses, provided that the following provisions are met:

      (1)   All uses will be conducted wholly within a completely enclosed building.

      (2)   When such building is adjacent to a Residential District, the buffering requirements contained in the Site Development Standards of Chapter 1296.08(e) shall apply and the Planning Commission shall determine compliance with the standards.

   (h)   Outdoor sales for new and used automobiles, trailers and boats, provided that:

      (1)   The space used therefore is paved and adequately maintained so as to provide a durable, smooth and dustless surface.

      (2)   The space is so graded and provided with adequate drainage facilities that all collected surface water is effectively carried away from the site.

   (i)   Drive-in businesses, provided that:

      (1)   Service may be in automobiles or outdoors, but all other activities shall be carried on within a building.

      (2)   A setback of at least 60 feet from the right-of-way line of any existing or proposed street shall be maintained.

      (3)   Ingress and egress points shall be located at least 50 feet from the intersection of any two streets.

      (4)   Sufficient stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. The number of stacking spaces shall be determined by the Zoning Administrator based on trip generation information for the proposed use.

   (j)   Drive-in restaurants, provided that:

      (1)   All of the provisions required for drive-in businesses listed in division (i) above are met.

      (2)   Sufficient stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. A minimum of 7 stacking spaces for the service ordering station shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation and egress from the property by vehicles not using the drive-through facility.

      (3)   In addition to the requirements of Chapter 1288, at least one parking space shall be provided in close proximity to the exit of the drive- through portion of the operation to allow for customers waiting for delivery of orders.

   (k)   Banks, credit unions and savings and loan establishments, including drive- through facilities, provided that:

      (1)   All of the provisions required for drive-in businesses listed in division (i) above are met.

      (2)   Sufficient stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. A minimum of 4 stacking spaces for each outdoor teller operation, whether personal or automatic, shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation and egress from the property by vehicles not using the drive-through facility.

   (l)   Outdoor/patio dining, provided that:

      (1)   There is a minimum of 6-feet wide sidewalk clearance between curb and any seating area

      (2)   Seating located on a public sidewalk and/or within a public right-of- way shall have fences or railings provided around seating, which shall be of a demountable type so as to eliminate, when removed, any vertical protrusion above sidewalk grade which might cause pedestrian hazard and hinder snow removal.

      (3)   Liability insurance coverage in an amount to be set by the Village Council, which includes the Village, its officers, agents and employees as insureds, shall be provided by the restaurant operator to cover pedestrian or vehicular accident claims.

      (4)   The outdoor dining area is shown on an approved site plan.

      (5)   The outdoor dining is associated with dining within the principal building and takes place on the same lot.

      (6)   The patio area shall be considered an accessory structure and shall be included in calculating the lot coverage.

   (m)   Contractor's establishment not engaging in retail activities on the site.

   (n)   Vehicular washing facilities, provided that sufficient stacking capacity for each washing bay is provided to ensure that traffic does not extend into the public right-of-way. A minimum of 4 stacking spaces for each washing bay shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation and egress from the property by vehicles not using the washing facility. Automobile washing and repair equipment shall be entirely enclosed within a building.

   (o)   Light industrial and manufacturing land uses which meet the following provisions:

      (1)   Definition: “Light industrial and manufacturing” is any production, manufacturing, processing, servicing, testing, repair, storage, and distribution of materials, goods, foodstuffs and other products.

      (2)   All light industrial and manufacturing uses must meet the general standards of the B-1 District.

   (p)   Residential land uses to include single-family, two-family and multiple-family dwellings when established as the sole use or in combination with the "Uses Permitted by Right", "Uses Permitted Under Special Conditions" and "Uses Permitted by Special Use Permit" provided the following conditions are met:

      (1)   Site development: The site development requirements of the B-1 District shall be met.

      (2)   Nonconforming uses: A nonconforming use as defined by this Code of Ordinances may be considered as a Class 1 Nonconforming Use by the Planning Commission as part of the special use permit review process.

      (3)   Principal structures: There shall be only 1 principal structure per lot unless otherwise allowed by the special use permit.

      (4)   Site plan: A conceptual site plan must be submitted with the special use permit application for consideration by the Planning Commission. Final site plan approval will be required as a condition of special use permit approval. At the applicant's discretion, a final site plan may be submitted with the application.

(Ord. 2001-6. Passed 11-12-01; Ord. 2003-7. Passed 1-12-04; Ord. 2010-1. Passed 4-12-10.)

   Site development requirements in the B-1 Business District for uses permitted by right, by special condition or by special use permit shall be as follows unless otherwise noted:

   (a)   Number of Structures per Lot. Only one principal structure may be established for each lot. Accessory buildings and structures are permitted provided they meet the following conditions and standards:

      (1)   Definition. An “accessory building or structure” is a building or structure, whether attached or detached, which is clearly incidental to, and located on the same lot as the principal structure to which it is related.

      (2)   Setback, front. Accessory buildings and structures must be located behind the rear building line of the principal building.

.      (3)   Setback, side. Accessory buildings and structures must have side setbacks which are greater than or equal to the minimum required for the principal structure, except where otherwise noted.

      (4)   Setback, rear. Accessory buildings and structures must have a rear yard setback of at least 5 feet.

      (6)   Bulk restriction. Accessory buildings and structures shall comply with the provisions of the B-1 District for lot coverage.

      (7)   Phasing. Accessory buildings and structures shall not be erected on a lot or parcel prior to the establishment of a principal building upon the premises.

   (b)   Minimum lot area shall be 10,000 square feet.

   (c)   Minimum lot width shall be 66 feet.

   (d)   Yards shall be as follows:

      (1)   The minimum front yard setback for a building shall be 25 feet, and except for necessary drives and walks, shall remain clear.

      (2)   Side yards shall be 10 feet. Side and rear yards, except for a strip along the lot boundary 10 feet in width, may be used for parking and loading, but not for storage.

      (3)   Rear yards shall be 40 feet.

   (e)   Maximum building height shall be two and one-half stories or 35 feet.

   (f)   Maximum lot coverage shall be 40% and shall include the total area of the principal building and all accessory buildings.

   (g)   Off-street parking and loading and unloading shall comply with the following provisions:

      (1)   Off-street parking, loading and unloading spaces shall be provided in accordance with the requirements specified in Chapter 1288.

      (2)   In addition to the requirements specified in Chapter 1288, sufficient parking space shall be provided to park all vehicles owned or leased by the occupant, including, but not limited to, passenger cars, trucks, tractors, trailers and similar vehicles.

   (h)   Any signs may be displayed if they pertain exclusively to the business carried on within the building and meet the provisions of Chapter 846.

   (i)   Screening for Dumpster/Recycling Areas. All solid waste dumpsters and disposal facilities, recycling bins, and similar areas and structures located in the B-1 Zoning District shall be completely screened by an opaque fence or wall of not less than 6 feet in height.

   (j)   Access.

      (1)   All sites shall have access on a public street. All ingress and egress to the site shall be directly from the public road.

      (2)   No more than one driveway approach shall be permitted per lot, excluding corner lots, where one drive may be permitted from each public road.

      (3)   Driveways shall be located in compliance with the requirements of the Driveway Policies adopted by the Village. If the site fronts on two or more streets, the driveway shall be located as far from the street intersection as practical.

      (4)   Commercial driveways in the B-1 District shall be designed to meet the recognized standards of the Eaton County Road Commission, which are published in the Road Commission's Permit Policy Book.

      (5)   All areas intended to serve vehicular traffic shall be paved with a permanent surface of concrete or asphalt.

   (k)   Screening. The general landscape development standards of Section 1296.08 shall be applied.

   (l)   Lighting. Lighting from any laminar shall be shaded, shielded or directed to prevent direct light from being distributed beyond an angle of 35 degrees from a vertical plane onto adjacent properties and/or surrounding areas. Unshielded lamps, bulbs and tubes are not permitted, except for temporary holiday lighting. Lighting shall be designed so that the illumination does not exceed 0.1 footcandles beyond the property line on which the lighting originates.

   (m)   Uses in this district shall also conform to the following general standards:

      (1)   Emit no obnoxious, toxic or corrosive fumes or gases which are detrimental to the public health, safety or general welfare.

      (2)   Emit no smoke, odorous gases or other odorous matter in such quantities as to be offensive at or beyond any boundary of the parcel. For the purpose of grading the density of smoke, the Ringelmann Chart, published and used by the United States Bureau of Mines, shall be employed. The emission of smoke or particulate matter of a density greater than No. 2 of the Ringelmann Chart and an excess of 15 smoke units per hour is prohibited.

      (3)   Produce no heat or glare to such an extent as to be detrimental to the health, safety and general welfare at or beyond the lot boundaries.

      (4)   Produce no physical vibrations to such an extent as to be determined detrimental to the health, safety and general welfare at or beyond the lot boundaries.

      (5)   Discharge no radioactive materials that exceed quantities established by the American National Standards Institute.

      (6)   Not include in the manufacturing process any production or storage of any material designed for use as an explosive, nor the use of any such material in production.

      (7)   Noise emanating from a use in this district shall not exceed 65 decibels, as measured at the lot line.

      (8)   No dust or other particulate matter created by any operation or emanating from any products stored prior or subsequent to processing shall be discharged into the air.

      (9)   All activities and storage shall be carried on in completely enclosed buildings.

(Ord. 2001-6. Passed 11-12-01; Ord. 2003-7. Passed 1-12-04; Ord. 2015-1. Passed 4-13-15; Ord. 2022-02. Passed 4-11-22.)

   Any building permit granted under this chapter shall become null and void unless the development proposed shall have passed its first building inspection within one year from the date of the granting of the permit.

(Ord. 2001-6. Passed 11-12-01.)

   In all instances in which the designated County and/or Village officer(s) and/or the Board of Appeals considers the ability of a proposed use to meet all the requirements of this chapter to be reasonably doubtful, it will be incumbent upon the proponent to furnish adequate evidence in support of his or her application. If such evidence is not presented, the building permit shall not be issued.

(Ord. 2001-6. Passed 11-12-01.)