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Irvington City Zoning Code

ARTICLE VI

Zoning District Use Regulations

§ 650-13 R-1L Single-Family Residential, Low-Density District.

A. 
Permitted uses in the R-1L District shall be as follows:
(1) 
One-family dwellings.
(2) 
Group homes.
(3) 
Parks and playgrounds.
(4) 
Municipal buildings and other governmental uses as deemed necessary and approved by the Planning Board and Township Council.
(5) 
Temporary buildings incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.
B. 
Permitted accessory buildings and structures in the R-1L District shall be as follows:
(1) 
Public garages.
(2) 
Signs, subject to the provisions of this chapter.
(3) 
Storage buildings of 100 square feet or less in area.
(4) 
Animal shelters for domestic pets, provided that the building area does not exceed 25 square feet.
(5) 
Off-street parking facilities as required by Article VIII.
(6) 
Essential utilities.
(7) 
Home occupations, subject to the provisions of Article IX.
(8) 
Family day-care homes, subject to the provisions of Article IX.
C. 
Uses permitted with a conditional use permit. The following may be permitted in the R-1L District with a conditional use permit, subject to the provisions of Article IX:
(1) 
Hospitals or philanthropic or eleemosynary uses.
(2) 
Public, parochial or private schools.
(3) 
Places of worship.
(4) 
Home professional offices.
(5) 
Public utility uses.
D. 
Uses not permitted in the R-1L District shall be as follows:
(1) 
Child-care centers.
E. 
Height, area and bulk requirements in the R-1L District shall be as specified in the schedule attached hereto.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Height Requirements is included as an attachment to this chapter.

§ 650-14 R-1 Single-Family Residential District.

A. 
Permitted uses in the R-1 District shall be as follows:
(1) 
One-family dwellings.
(2) 
Group homes.
(3) 
Parks and playgrounds.
(4) 
Municipal buildings and other governmental uses as deemed necessary and approved by the Planning Board and Township Council.
(5) 
Temporary buildings incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.
B. 
Permitted accessory buildings and structures in the R-1 District shall be as follows:
(1) 
Public garages.
(2) 
Signs, subject to the provisions of this chapter.
(3) 
Storage buildings of 100 square feet or less in area.
(4) 
Animal shelters for domestic pets, provided that the building area does not exceed 25 square feet.
(5) 
Off-street parking facilities as required by Article VIII.
(6) 
Essential utilities.
(7) 
Home occupations, subject to the provisions of Article IX.
(8) 
Family day-care homes, subject to the provisions of Article IX.
C. 
Uses permitted with a conditional use permit. The following may be permitted in the R-1 District with a conditional use permit, subject to the provisions of Article IX:
(1) 
Hospitals or philanthropic or eleemosynary uses.
(2) 
Public, parochial or private schools.
(3) 
Places of worship.
(4) 
Home professional offices.
(5) 
Public utility uses.
D. 
Uses not permitted in the R-1 District shall be as follows:
(1) 
Child-care centers.
E. 
Height, area and bulk requirements in the R-1 District shall be as specified in the schedule attached hereto.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Height Requirements is included as an attachment to this chapter.

§ 650-15 R-2 Two-Family Residential District.

A. 
Permitted uses in the R-2 District shall be as follows:
(1) 
One- and two-family dwellings.[1]
[1]
Editor's Note: Former § 197-15A(2) of the 1981 Revised Code, which previously followed this subsection, permitting townhouses in the R-2 District, was repealed 1-15-2008 by Ord. No. MC 3366.
(2) 
Group homes.
(3) 
Parks and playgrounds.
(4) 
Municipal buildings and other governmental uses as deemed necessary and approved by the Planning Board and the Municipal Council.
(5) 
Temporary buildings as provided in § 650-14A(5).
B. 
Permitted accessory buildings and structures in the R-2 District shall be as specified for the R-1 District in § 650-14B.
C. 
Uses permitted with a conditional use permit in the R-2 District shall be as specified for the R-1 District in § 650-14C.
D. 
Uses not permitted in the R-2 District shall be as follows:
(1) 
Child-care centers.
E. 
Height, area and bulk requirements in the R-2 District shall be as specified in the schedule attached hereto.[2]
[2]
Editor's Note: The Schedule of Area, Yard and Height Requirements is included as an attachment to this chapter.

§ 650-16 R-3 Four-Family Residential District.

A. 
Permitted uses in the R-3 District shall be as follows:
(1) 
One- and two-family dwellings.
(2) 
Three- and four-family dwellings, subject to the provisions of Article IX.
(3) 
Townhouses.
(4) 
Group homes.
(5) 
Parks and playgrounds.
(6) 
Municipal buildings and other governmental uses as deemed necessary and approved by the Planning Board and Municipal Council.
(7) 
Temporary buildings as provided in § 650-14A(5).
B. 
Permitted accessory buildings and structures in the R-3 District shall be as specified for the R-1 District in § 650-14B.
C. 
Uses permitted with a conditional use permit. The following may be permitted in the R-3 District with a conditional use permit, subject to the provisions of Article IX:
(1) 
As specified for the R-1 District in § 650-14C.
(2) 
Quasi-public buildings and recreational facilities.
D. 
Uses not permitted in the R-3 District shall be as follows:
(1) 
Child-care centers.
E. 
Height, area and bulk requirements in the R-3 District shall be as specified in the schedule attached hereto.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Height Requirements is included as an attachment to this chapter.

§ 650-17 R-4 Garden Apartment District.

A. 
Permitted uses in the R-4 District shall be as follows:
(1) 
One- and two-family dwellings.
(2) 
Three- and four-family dwellings, subject to the provisions of Article IX.
(3) 
Townhouses.
(4) 
Group homes.
(5) 
Parks and playgrounds.
(6) 
Two- and three-story garden apartments, subject to the provisions of Article IX.
(7) 
Municipal buildings and other governmental uses as deemed necessary and approved by the Planning Board and Municipal Council.
(8) 
Temporary buildings as provided in § 650-14A(5).
B. 
Permitted accessory buildings and structures in the R-4 District shall be as specified for the R-1 District in § 650-14B, but excepting animal shelters.
C. 
Uses permitted with a conditional use permit. The following may be permitted in the R-4 District with a conditional use permit, subject to the provisions of Article IX:
(1) 
Hospitals or philanthropic or eleemosynary uses.
(2) 
Public, parochial or private schools.
(3) 
Places of worship.
(4) 
Public utility uses.
(5) 
Quasi-public buildings and recreational facilities.
D. 
Height, area and bulk requirements in the R-4 District shall be as specified in the schedule attached hereto.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Height Requirements is included as an attachment to this chapter.

§ 650-18 R-5 High-Rise Apartment District.

A. 
Permitted uses in the R-5 High-Rise Apartment District shall be as follows:
(1) 
Two- and three-story garden apartments, subject to the provisions of Article IX.
(2) 
High-rise apartments, subject to the provisions of Article IX.
(3) 
Group homes.
(4) 
Parks and playgrounds.
(5) 
Municipal buildings and other governmental uses as deemed necessary and approved by the Planning Board and Municipal Council.
(6) 
Temporary buildings as provided in § 650-14A(5).
B. 
Permitted accessory buildings and structures in the R-5 District shall be as follows:
(1) 
Off-street parking facilities as required by Article VIII, to include public garages.
(2) 
Signs, subject to the provisions of Article VII.
(3) 
Storage buildings of 100 square feet or less in area.
(4) 
Essential utilities.
(5) 
Home occupations, subject to the provisions of Article IX.
C. 
Uses permitted with a conditional use permit in the R-5 District shall be as specified for the R-4 District in § 650-17C.
D. 
Height, area and bulk requirements in the R-5 District shall be as specified in the schedule attached hereto.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Height Requirements is included as an attachment to this chapter.

§ 650-19 B-1 Neighborhood Business District.

A. 
Permitted uses in the B-1 District shall be as follows:
(1) 
Retail, office and personal service establishments.
[Amended 1-15-2008 by Ord. No. MC 3366]
(a) 
Retail and personal service establishments, such as or similar in nature to:
[1] 
Grocery stores.
[2] 
Drugstores.
[3] 
Meat, fish and poultry stores.
[4] 
Produce stores.
[5] 
Baked goods stores.
[6] 
Flower shops.
[7] 
Confectionery stores.
[8] 
Barber or beauty shops.
[9] 
Dry-cleaning shops, but not including dry-cleaning plants.
[10] 
Tailor shops.
[11] 
Self-service laundries, subject to the provisions of Article IX.
[12] 
Shoe repair shops.
[13] 
Video rental establishments.
[14] 
Tattoo parlors, piercing parlors, and other body art shops.
[15] 
Financial services firms (without check-cashing services).
[Added 8-10-2010 by Ord. No. MC 3425]
[16] 
Bookstores.
[Added 8-10-2010 by Ord. No. MC 3425]
[17] 
Haberdashery, apparel, and jewelry stores.
[Added 8-10-2010 by Ord. No. MC 3425]
[18] 
Personal and business service uses (photocopying, Internet cafes, mail: bulk, express and regular).
[Added 8-10-2010 by Ord. No. MC 3425]
(b) 
Up to 50% of the building area may be devoted to the processing, manufacture or storing of goods or products to be retailed on the premises, provided that no such area shall front on a public street at street level.
(2) 
Restaurants and cafes (sidewalk seating with a conditional use permit, subject to the provisions of Article IX).
[Amended 8-10-2010 by Ord. No. MC 3425]
(3) 
Banks and fiduciary institutions.
(4) 
Municipal buildings and other governmental and/or public uses as deemed necessary and approved by the Planning Board and Municipal Council.
(5) 
Temporary buildings as provided in § 650-14A(5).
(6) 
Business and professional offices.
[Added 1-15-2008 by Ord. No. MC 3366 and 8-10-2010 by Ord. No. MC 3425]
(7) 
Residential dwelling units, provided that they are located above a ground floor office or commercial use, and provided that they do not front on a public street at street level, subject to the provisions of Article IX.
[Added 1-15-2008 by Ord. No. MC 3366]
B. 
Permitted accessory buildings and structures in the B-1 District shall be as follows:
(1) 
Signs, subject to the provisions of Article VII.
(2) 
Off-street parking facilities and loading and unloading ramps in accordance with the requirements of Article VIII.
C. 
Uses permitted with a conditional use permit. The following may be permitted in the B-1 District with a conditional use permit, subject to the provisions of Article IX:[1]
(1) 
Child-care centers.
(2) 
Public utilities.
(3) 
Hospitals or philanthropic or eleemosynary uses.
(4) 
Quasi-public buildings and recreational facilities.
(5) 
Indoor recreational facilities.
(6) 
Check-cashing establishments.
[Added 8-10-2010 by Ord. No. MC 3425]
[1]
Editor's Note: Former § 197-19C(1) of the 1981 Revised Code, allowing certain business and professional offices as a conditional use in the B-1 District, and § 197-19C(2), allowing certain residential dwelling units as a conditional use in the B-1 District, which were previously included in this subsection, were repealed 1-15-2008 by Ord. No. MC 3366.
D. 
Height, area and bulk requirements in the B-1 District shall be as specified in the schedule attached hereto.[2]
[2]
Editor's Note: The Schedule of Area, Yard and Height Requirements is included as an attachment to this chapter.
E. 
Uses not permitted in the B-1 District shall be as follows:
(1) 
Bingo halls.
(2) 
Billiard parlors or dance halls.
(3) 
Pawnbrokers.
(4) 
Any business conducted outside the confines of a building, with the exception of outdoor seating associated with a restaurant or cafe.
(5) 
Clinics for the treatment of drug addiction.
(6) 
Drive-through windows.
(7) 
Bars and taverns.
(8) 
Packaged liquor stores.
(9) 
Gasoline service stations.
(10) 
Auto repair or body shops.
(11) 
Auto dealerships.
(12) 
Auto washes.
(13) 
Adult entertainment establishment.
(14) 
Adult-oriented store.[3]
[3]
Editor's Note: Former § 197-19E(15) of the 1981 Revised Code, Check-cashing establishments, which previously followed this subsection, was repealed 8-10-2010 by Ord. No. MC 3425.
(15) 
Live entertainment.

§ 650-20 B-2 Shopping Center District.

A. 
Permitted uses in the B-2 District shall be as follows:
(1) 
Retail, office and personal service establishments.
[Amended 1-15-2008 by Ord. No. MC 3366]
(a) 
Retail and personal service establishments, such as or similar in nature to:
[1] 
Grocery stores.
[2] 
Drugstores.
[3] 
Produce stores.
[4] 
Meat, fish and poultry stores.
[5] 
Baked goods stores.
[6] 
Flower shops.
[7] 
Confectionery stores.
[8] 
Household supplies stores.
[9] 
Stationery supplies stores.
[10] 
Furniture and appliance stores.
[11] 
Hardware stores.
[12] 
Appliance and electronics repair establishments.
[13] 
Barber or beauty shops.
[14] 
Dry-cleaning shops, but not including dry-cleaning plants.
[15] 
Tailor shops.
[16] 
Self-service laundries, subject to the provisions of Article IX.
[17] 
Shoe repair shops.
[18] 
Video rental establishments.
[19] 
Financial services firms (without check-cashing services).
[Added 8-10-2010 by Ord. No. MC 3425]
[20] 
Bookstores.
[Added 8-10-2010 by Ord. No. MC 3425]
[21] 
Haberdashery, apparel, and jewelry stores.
[Added 8-10-2010 by Ord. No. MC 3425]
[22] 
Personal and business service uses (photocopying, Internet cafes, mail: bulk, express and regular.
[Added 8-10-2010 by Ord. No. MC 3425]
(b) 
Up to 50% of the building area may be devoted to the processing, manufacture or storing of goods or products to be retailed on the premises, provided that no such area shall front on a public street at street level.
(2) 
Restaurants and cafes (sidewalk seating with a conditional use permit, subject to the provisions of Article IX).
[Amended 8-10-2010 by Ord. No. MC 3425]
(3) 
Banks and fiduciary institutions.
(4) 
Shopping centers, containing a combination of permitted retail and personal service establishments, and/or restaurants and cafes, and/or banks and fiduciary institutions.
(5) 
Public garages and parking lots, except within 75 feet of an R-1, R-2, R-3 or R-4 Zone.
(6) 
Municipal buildings and other governmental and/or public uses as deemed necessary and approved by the Planning Board and Municipal Council.
(7) 
Temporary buildings as provided in § 650-14A(5).
(8) 
Business and professional offices.
[Added 1-15-2008 by Ord. No. MC 3366 and 8-10-2010 by Ord. No. MC 3425]
(9) 
Residential dwelling units, provided that they are located above a ground floor office or commercial use, and provided that they do not front on a public street at street level, subject to the provisions of Article IX.
[Added 1-15-2008 by Ord. No. MC 3366]
B. 
Permitted accessory buildings and structures in the B-2 District shall be as specified for B-1 District in § 650-19B.
C. 
Uses permitted with a conditional use permit. The following may be permitted in the B-2 District with a conditional use permit, subject to the provisions of Article IX:
(1) 
Drive-through windows, as accessory uses to restaurants, banks, drugstores, or other similar uses.[1]
[1]
Editor's Note: Former § 197-20C(2) of the 1981 Revised Code, Business and professional offices, which previously followed this subsection, was repealed 8-10-2010 by Ord. No. MC 3425.
(2) 
Public utilities.
(3) 
Hospitals or philanthropic or eleemosynary uses.
(4) 
Quasi-public buildings and recreational facilities.
(5) 
Indoor recreational facilities.
(6) 
Child-care centers.
(7) 
Tattoo parlors, piercing parlors, and other body art shops.
[Added 1-15-2008 by Ord. No. MC 3366]
(8) 
Pawnbrokers.
[Added 8-10-2010 by Ord. No. MC 3425]
D. 
Height, area and bulk requirements in the B-2 District shall be as specified in the schedule attached hereto.[2]
[2]
Editor's Note: The Schedule of Area, Yard and Height Requirements is included as an attachment to this chapter.
E. 
Uses not permitted in the B-2 District shall be as follows:
(1) 
Clinics for the treatment of drug addiction.
(2) 
Bingo halls.
(3) 
Billiard parlors or dance halls.[3]
[3]
Editor's Note: Former § 197-20E(5) of the 1981 Revised Code, Pawnbrokers, which previously followed this subsection, was repealed 8-10-2010 by Ord. No. MC 3425.
(4) 
Any business conducted outside the confines of a building, with the exception of outdoor seating associated with a restaurant or cafe.
[Amended 8-10-2010 by Ord. No. MC 3425]
(5) 
Bars and taverns.
(6) 
Gasoline service stations.
(7) 
Packaged liquor stores.
(8) 
Auto repair or body shops.
(9) 
Auto dealerships.
(10) 
Auto washes.
(11) 
Adult entertainment establishment.
(12) 
Adult-oriented store.
(13) 
Check-cashing establishments.
(14) 
Live entertainment.

§ 650-21 B-3 Limited Business District.

A. 
Permitted uses in the B-3 District shall be as follows:
(1) 
Retail, office and personal service establishments.
[Amended 1-15-2008 by Ord. No. MC 3366]
(a) 
Retail and personal service establishments, such as or similar in nature to:
[1] 
Drugstores.
[2] 
Household supplies stores.
[3] 
Stationery supplies stores.
[4] 
Furniture and appliance stores.
[5] 
Hardware stores.
[6] 
Video rental establishments.
[7] 
Barber or beauty shops.
[8] 
Dry-cleaning shops, but not including dry-cleaning plants.
[9] 
Tailor shops.
[Amended 8-10-2010 by Ord. No. MC 3425]
[10] 
Self-service laundries, subject to the provisions of Article IX.
[11] 
Shoe repair shops.
[Amended 8-10-2010 by Ord. No. MC 3425]
[12] 
Business and professional offices.
[13] 
Residential dwelling units, provided that they are located above a ground floor office or commercial use, and provided that they do not front on a public street at street level, subject to the provisions of Article IX.
[14] 
Financial services firms (without check-cashing services).
[Added 8-10-2010 by Ord. No. MC 3425]
[15] 
Bookstores.
[Added 8-10-2010 by Ord. No. MC 3425]
[16] 
Fitness centers, spas, tanning salons.
[Added 8-10-2010 by Ord. No. MC 3425]
[17] 
Career training centers.
[Added 8-10-2010 by Ord. No. MC 3425]
[18] 
Grocery stores.
[Added 8-10-2010 by Ord. No. MC 3425]
[19] 
Haberdashery, apparel, and jewelry stores.
[Added 8-10-2010 by Ord. No. MC 3425]
[20] 
Personal and business service uses (photocopying, Internet cafes, mail: bulk, express and regular.
[Added 8-10-2010 by Ord. No. MC 3425]
(b) 
Up to 50% of the building area may be devoted to the processing, manufacture or storing of goods or products to be retailed on the premises, provided that no such area shall front on a public street at street level.
(2) 
Restaurants and cafes (sidewalk seating with a conditional use permit, subject to the provisions of Article IX).
[Amended 8-10-2010 by Ord. No. MC 3425]
(3) 
Banks and fiduciary institutions.
(4) 
Public garages and parking lots, except within 75 feet of an R-1, R-2, R-3 or R-4 Zone.
(5) 
Municipal buildings and other governmental and/or public uses as deemed necessary and approved by the Planning Board and Municipal Council.
(6) 
Temporary buildings as provided in § 650-14A(5).
(7) 
Business and professional offices.
[Added 8-10-2010 by Ord. No. MC 3425]
B. 
Permitted accessory buildings and structures in the B-3 District shall be as specified for B-1 District in § 650-19B.
C. 
Uses permitted with a conditional use permit. The following may be permitted in the B-3 District with a conditional use permit, subject to the provisions of Article IX:
(1) 
Gasoline service stations.
(2) 
Drive-through windows, as accessory uses to restaurants, banks, drugstores, or other similar uses.
(3) 
Public utilities.
(4) 
Child-care centers.
(5) 
Tattoo parlors, piercing parlors, and other body art shops.
[Added 1-15-2008 by Ord. No. MC 3366]
(6) 
Charter schools.
[Added 8-10-2010 by Ord. No. MC 3425]
(7) 
Pawnbrokers.
[Added 8-10-2010 by Ord. No. MC 3425]
(8) 
Check-cashing establishments.
[Added 8-10-2010 by Ord. No. MC 3425]
D. 
Height, area and bulk requirements in the B-3 District shall be as specified in the schedule attached hereto.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Height Requirements is included as an attachment to this chapter.
E. 
Uses not permitted in the B-3 District shall be as follows:
(1) 
Clinics for the treatment of drug addiction.
(2) 
Bingo halls.
(3) 
Billiard parlors or dance halls.[2]
[2]
Editor's Note: Former § 197-21E(4) of the 1981 Revised Code, Pawnbrokers, which previously followed this subsection, was repealed 8-10-2010 by Ord. No. MC 3425.
(4) 
Any business conducted outside the confines of a building, with the exception of outdoor seating associated with a restaurant or cafe.
[Amended 8-10-2010 by Ord. No. MC 3425]
(5) 
Bars and taverns.
(6) 
Packaged liquor stores.
(7) 
Automobile repair or body shops.
(8) 
Automobile dealerships.
(9) 
Automobile washes.
(10) 
Adult entertainment establishment.
(11) 
Adult-oriented store.[3]
[3]
Editor's Note: Former § 197-21E(13) of the 1981 Revised Code, Check-cashing establishments, which previously followed this subsection, was repealed 8-10-2010 by Ord. No. MC 3425.
(12) 
Live entertainment.

§ 650-22 B-4 General Business District.

A. 
Permitted uses shall be as specified for the B-3 District in § 650-21A.
B. 
Permitted accessory buildings and structures in the B-4 District shall be as specified for B-1 District in § 650-19B.
C. 
Uses permitted with a conditional use permit. The following may be permitted in the B-4 District with a conditional use permit, subject to the provisions of Article IX:
(1) 
Gasoline service stations.
(2) 
Drive-through windows, as accessory uses to restaurants, banks, drugstores, or other similar uses.
(3) 
Public utilities.
(4) 
Pawnbrokers.
(5) 
Packaged liquor stores.
(6) 
Automobile repair or body shops.
(7) 
Automobile dealerships.
(8) 
Automobile washes.
(9) 
Check-cashing establishments.
(10) 
Adult-oriented store.
(11) 
Child-care centers.
(12) 
Charter schools.
[Added 8-10-2010 by Ord. No. MC 3425]
D. 
Height, area and bulk requirements in the B-4 District shall be as specified in the schedule attached hereto.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Height Requirements is included as an attachment to this chapter.
E. 
Uses not permitted in the B-4 District shall be as follows:
(1) 
Clinics for the treatment of drug addiction.
(2) 
Any business conducted outside the confines of a building with the exception of outdoor seating associated with a restaurant or cafe.
[Amended 8-10-2010 by Ord. No. MC 3425]
(3) 
Bingo halls.
(4) 
Billiard parlors or dance halls.
(5) 
Bars and taverns.
(6) 
Adult entertainment establishment.
(7) 
Live entertainment.

§ 650-23 B-5 Big Box Center District.

A. 
Permitted uses in the B-5 District shall be as follows:
(1) 
Retail, office and personal service establishments.
[Amended 1-15-2008 by Ord. No. MC 3366]
(a) 
Retail and personal service establishments, such as or similar in nature to:
[1] 
Household supplies stores.
[2] 
Stationery supplies stores.
[3] 
Furniture and appliance stores.
[4] 
Hardware stores.
[5] 
Bookstores.
[6] 
Barber or beauty shops.
[7] 
Dry-cleaning shops, but not including dry-cleaning plants.
[8] 
Tailor shops.
[9] 
Self-service laundries, subject to the provisions of Article IX.
[10] 
Shoe repair shops.
[Amended 8-10-2010 by Ord. No. MC 3425]
[11] 
Financial services firms (without check-cashing services).
[Added 8-10-2010 by Ord. No. MC 3425]
[12] 
Department stores.
[Added 8-10-2010 by Ord. No. MC 3425]
[13] 
Financial service centers.
[Added 8-10-2010 by Ord. No. MC 3425]
[14] 
Career training centers.
[Added 8-10-2010 by Ord. No. MC 3425]
[15] 
Fitness centers, spas, tanning salons.
[Added 8-10-2010 by Ord. No. MC 3425]
[16] 
Haberdashery, apparel, and jewelry stores.
[Added 8-10-2010 by Ord. No. MC 3425]
[17] 
Personal and business service uses (photocopying, Internet cafes, mail: bulk, express and regular).
[Added 8-10-2010 by Ord. No. MC 3425]
[18] 
Check-cashing establishments.
[Added 8-10-2010 by Ord. No. MC 3425]
(b) 
Up to 50% of the building area may be devoted to the processing, manufacture or storing of goods or products to be retailed on the premises, provided that no such area shall front on a public street at street level.
(2) 
Big box centers, containing a combination of permitted retail and personal service establishments and restaurants and cafes with sidewalk seating.
[Amended 8-10-2010 by Ord. No. MC 3425]
(3) 
Public garages and parking lots, except within 75 feet of an R-1, R-2, R-3 or R-4 Zone.
(4) 
Municipal buildings and other governmental and/or public uses as deemed necessary and approved by the Planning Board and Municipal Council.
(5) 
Temporary buildings as provided in § 650-14A(5).
(6) 
Business and professional offices.
[Added 8-10-2010 by Ord. No. MC 3425]
B. 
Permitted accessory buildings and structures in the B-5 District shall be as follows:
(1) 
Signs, subject to the provisions of Article VII.
(2) 
Off-street parking facilities and loading and unloading ramps in accordance with the requirements of Article VIII.
(3) 
Outdoor storage, subject to the provisions of Article IX.
C. 
Uses permitted with a conditional use permit. The following may be permitted in the B-5 District with a conditional use permit, subject to the provisions of Article IX:
(1) 
Charter schools.
[Added 8-10-2010 by Ord. No. MC 3425[1]]
[1]
Editor's Note: This ordinance also repealed former § 197-23C(1) of the 1981 Revised Code, Business and professional offices.
(2) 
Public utilities.
(3) 
Child-care centers.
(4) 
Tattoo parlors, piercing parlors, and other body art shops.
[Added 1-15-2008 by Ord. No. MC 3366]
D. 
Height, area and bulk requirements in the B-5 District shall be as specified in the schedule attached hereto.[2]
[2]
Editor's Note: The Schedule of Area, Yard and Height Requirements is included as an attachment to this chapter.
E. 
Uses not permitted in the B-5 District shall be as follows:
(1) 
Bingo halls.
(2) 
Billiard parlors or dance halls.
(3) 
Any business conducted outside the confines of a building, with the exception of outdoor seating associated with a restaurant or cafe.
[Added 8-10-2010 by Ord. No. MC 3425[3]]
[3]
Editor's Note: This ordinance also repealed former § 197-23E(3) of the 1981 Revised Code, Pawnbrokers.
(4) 
Clinics for the treatment of drug addiction.
(5) 
Drive-through windows.
(6) 
Bars and taverns.
(7) 
Packaged liquor stores.
(8) 
Gasoline service stations.
(9) 
Auto repair or body shops.
(10) 
Auto dealerships.
(11) 
Auto washes.
(12) 
Adult entertainment establishment.
(13) 
Adult-oriented store.[4]
[4]
Editor's Note: Former § 197-23E(14) of the 1981 Revised Code, Check-cashing establishments, which previously followed this subsection, was repealed 8-10-2010 by Ord. No. MC 3425.
(14) 
Live entertainment.

§ 650-24 CBD Central Business District, Downtown Mixed Use.

A. 
Permitted uses in the CBD shall be as follows:
(1) 
Retail and personal service establishments.
(a) 
Retail and personal service establishments, such as or similar in nature to:
[1] 
Drugstores.
[2] 
Meat, fish, and poultry stores.
[3] 
Produce stores.
[4] 
Baked goods stores.
[5] 
Flower shops.
[6] 
Confectionery stores.
[7] 
Household supplies stores.
[8] 
Stationery supplies stores.
[9] 
Furniture and appliance stores.
[10] 
Hardware stores.
[11] 
Appliance and electronics repair establishments.
[12] 
Haberdashery, apparel, and jewelry stores.
[Amended 8-10-2010 by Ord. No. MC 3425]
[13] 
Barber or beauty shops.
[14] 
Dry-cleaning shops, but not including dry-cleaning plants.
[15] 
Tailor shops.
[16] 
Self-service laundries, subject to the provisions of Article IX.
[17] 
Shoe repair shops.
[18] 
Video rental establishments.
[19] 
Bookstores.
[20] 
Financial services firms (without check-cashing services).
[Added 8-10-2010 by Ord. No. MC 3425]
[21] 
Department stores.
[Added 8-10-2010 by Ord. No. MC 3425]
[22] 
Financial service centers.
[Added 8-10-2010 by Ord. No. MC 3425]
[23] 
Career training centers.
[Added 8-10-2010 by Ord. No. MC 3425]
[24] 
Fitness centers, spas, tanning salons.
[Added 8-10-2010 by Ord. No. MC 3425]
[25] 
Grocery stores.
[Added 8-10-2010 by Ord. No. MC 3425]
[26] 
Personal and business service uses (photocopying, Internet cafes, mail: bulk, express and regular).
[Added 8-10-2010 by Ord. No. MC 3425]
(b) 
Up to 50% of the building area may be devoted to the processing, manufacture or storing of goods or products to be retailed on the premises, provided that no such area shall front on a public street at street level.
(2) 
Restaurants and cafes (sidewalk seating with a conditional use permit, subject to the provisions of Article IX).
[Amended 8-10-2010 by Ord. No. MC 3425]
(3) 
Banks and fiduciary institutions.
(4) 
Municipal buildings and other governmental and/or public uses as deemed necessary and approved by the Planning Board and Municipal Council.
(5) 
Temporary buildings as provided in § 650-14A(5).
(6) 
Business and professional offices.
[Added 8-10-2010 by Ord. No. MC 3425]
B. 
Permitted accessory buildings and structures in the CBD shall be as follows:
(1) 
Signs, subject to the provisions of Article VII.
(2) 
Off-street parking facilities and loading and unloading ramps in accordance with the requirements of Article VIII.
(3) 
Live entertainment, as an accessory use to permitted restaurants, cafes, billiard parlors, dance halls, bars, or taverns, subject to the provisions of Article IX.
C. 
Uses permitted with a conditional use permit. The following may be permitted in the CBD with a conditional use permit, subject to the provisions of Article IX:[1]
(1) 
Residential dwelling units, provided that they are located above a ground floor commercial use.
[Amended 8-10-2010 by Ord. No. MC 3425]
(2) 
Public utilities.
(3) 
Hospitals or philanthropic or eleemosynary uses.
(4) 
Quasi-public buildings and recreational facilities.
(5) 
Indoor recreational facilities.
(6) 
Bingo halls.
(7) 
Billiard parlors or dance halls.
(8) 
Bars and taverns.
(9) 
Bowling alleys.
(10) 
Amusement arcades.
(11) 
Child-care centers.
(12) 
Tattoo parlors, piercing parlors, and other body art shops.
(13) 
Charter schools.
[Added 8-10-2010 by Ord. No. MC 3425]
(14) 
Check-cashing establishments.
[Added 8-10-2010 by Ord. No. MC 3425]
[1]
Editor's Note: Former § 197-24C(1) of the 1981 Revised Code, allowing certain business and professional offices as a conditional use in the CBD District, which was previously included in this Subsection C, was repealed 1-15-2008 by Ord. No. MC 3366 and 8-10-2010 by Ord. No. MC 3425. Former § 197-24C(2), allowing certain residential dwelling units as a conditional use in the CBD District, which was previously included in this Subsection C, was repealed 1-15-2008 by Ord. No. MC 3366.
D. 
Height, area and bulk requirements in the CBD shall be as specified in the schedule attached hereto.[2]
[2]
Editor's Note: The Schedule of Area, Yard and Height Requirements is included as an attachment to this chapter.
E. 
Uses not permitted in the CBD shall be as follows:
(1) 
Pawnbrokers.
(2) 
Any business conducted outside the confines of a building, with the exception of outdoor seating associated with a restaurant or cafe.
(3) 
Clinics for the treatment of drug addiction.
(4) 
Drive-through windows.
(5) 
Packaged liquor stores.
(6) 
Gasoline service stations.
(7) 
Auto repair or body shops
(8) 
Auto dealerships.
(9) 
Auto washes.
(10) 
Adult entertainment establishments.
(11) 
Adult-oriented stores.[3]
[3]
Editor's Note: Former § 197-24E(12) of the 1981 Revised Code, Check-cashing establishments, which previously followed this subsection, was repealed 8-10-2010 by Ord. No. MC 3425.

§ 650-25 O-1 Residential-Character Office District.

A. 
Permitted uses in the O-1 District shall be as follows:
(1) 
One-family dwellings.
(2) 
Two-family dwellings, but only for properties fronting along Sanford Avenue south of Clinton Avenue.
(3) 
Group homes.
(4) 
Parks and playgrounds.
(5) 
Municipal buildings other governmental uses as deemed necessary and approved by the Planning Board and the Municipal Council.
(6) 
Temporary buildings as provided in § 650-14A(5).
(7) 
Home professional offices.
[Added 3-28-2006 by Ord. No. MC 3316]
(8) 
Business and professional offices. Any proposed development will not significantly change the prevailing physical character of adjacent uses.
[Added 3-28-2006 by Ord. No. MC 3316]
B. 
Permitted accessory buildings and structures in the O-1 District shall be as specified for R-1 District in § 650-14B.
C. 
Uses permitted with a conditional use permit. The following may be permitted in the O-1 District with a conditional use permit, subject to the provisions of Article IX:[1]
(1) 
Hospitals or philanthropic or eleemosynary uses.
(2) 
Public, parochial or private schools.
(3) 
Places of worship.
(4) 
Home professional offices.
(5) 
Public utility uses.
(6) 
Child-care centers.
[1]
Editor's Note: Former § 197-25C(1) of the 1981 Revised Code, pertaining to business and professional offices, which was previously included in this Subsection C, was repealed 8-10-2010 by Ord. No. MC 3425.
D. 
Height, area and bulk requirements in the O-1 District shall be as specified in the schedule attached hereto.[2]
[2]
Editor's Note: The Schedule of Area, Yard and Height Requirements is included as an attachment to this chapter.

§ 650-26 M-1 Special Industrial Manufacturing District.

A. 
Permitted uses in the M-1 District shall be as follows:
(1) 
Light industry, subject to the provisions of Article IX, such as or similar in nature to:
(a) 
Manufacturing of light machinery, such as but not limited to carburetors, small machine parts, sewing machines, cash registers, typewriters, calculators and other office machines.
(b) 
Fabrication of metal products, such as but not limited to baby carriages, bicycles and other light vehicles, metal foils (aluminum, gold, etc.), metal furniture, musical instruments, sheet metal products and toys.
(c) 
Fabrication of paper products, such as but not limited to bags, books, bookbinding, boxes, packaging materials and office supplies.
(d) 
Fabrication of wood products, such as but not limited to boats, boxes, cabinets and woodworking, furniture and toys.
(e) 
Other light industry uses, such as but not limited to brush and broom manufacturing, electronics products, glass and glass products, jewelry manufacturing (including polishing), laundering and cleaning establishments, sporting goods manufacturing, storehouses, warehouses and leather goods manufacturing.
(2) 
Wholesale sales and distribution.
(3) 
Research and development, subject to provisions of Article IX.
(4) 
Laboratories, subject to provisions of Article IX.
(5) 
Business and professional offices.
(6) 
Municipal buildings and other governmental uses as approved by the Planning Board and Municipal Council.
(7) 
Temporary buildings as provided in § 650-14A(5).
(8) 
Off-street parking lots and facilities in accordance with the requirements of Article VIII.
[Added 8-10-2010 by Ord. No. MC 3425]
(9) 
Personal and business service uses (photocopying, Internet cafes, mail: bulk, express and regular).
[Added 8-10-2010 by Ord. No. MC 3425]
B. 
Accessory buildings and uses in the M-1 District shall be as follows:
(1) 
Private garages for the storage of vehicles operated exclusively as part of a legally permitted use thereon.
(2) 
Such accessory uses as are customarily incident to the foregoing permitted uses.
(3) 
Outdoor storage, subject to the provisions of Article IX.
(4) 
Signs, subject to the provisions of Article VII.
(5) 
Loading and unloading ramps and off-street parking facilities in accordance with the requirements of Article VIII.
(6) 
Retail sales only as an accessory to an industrial uses and subject to the provisions of Article IX.
C. 
Uses permitted with a conditional use permit. The following may be permitted in the M-1 District with a conditional use permit, subject to the provisions of Article IX:
(1) 
Other light industry uses upon a finding by the Planning Board that such use;
(a) 
Is of the same general character as those permitted; and
(b) 
Will not be detrimental to the other uses within the district or the adjoining land uses.
(2) 
Public utilities.
(3) 
Places of worship.
(4) 
Child-care centers.
D. 
Height, area and bulk requirements in the M-1 District shall be as specified in the schedule attached hereto.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Height Requirements is included as an attachment to this chapter.
E. 
Prohibited uses in the M-1 District shall be as follows:
(1) 
Those uses such as or similar in nature to those uses set forth in § 650-22E(1).
(2) 
Any residential use.
(3) 
Retail sales and services.
(4) 
Truck terminals and bulk distribution terminals.
(5) 
Bars and taverns.
(6) 
Adult entertainment establishment.
(7) 
Adult-oriented store.
F. 
All development in the M-1 District shall be subject to the supplementary standards included in Article IX.

§ 650-27 M-2 Light Industrial Manufacturing District.

A. 
Permitted uses in the M-2 District shall be as follows:
(1) 
Light industry, subject to the provisions of Article IX.
(2) 
Research and development, subject to provisions of Article IX, including fabrication, assembly, packing, repackaging and shipping of previously manufactured products.
(3) 
Laboratories, subject to provisions of Article IX.
(4) 
Wholesale sales and distribution.
(5) 
Business and professional offices.
(6) 
Warehouses.
(7) 
Municipal buildings and other governmental uses as approved by the Planning Board and Municipal Council.
(8) 
Temporary buildings as provided in § 650-14A(5).
(9) 
Dry-cleaning plants, subject to the provisions of Article IX.
(10) 
Off-street parking lots and facilities in accordance with the requirements of Article VIII.
[Added 8-10-2010 by Ord. No. MC 3425]
(11) 
Personal and business service uses (photocopying, Internet cafes, mail: bulk, express and regular).
[Added 8-10-2010 by Ord. No. MC 3425]
B. 
Permitted accessory buildings and structures in the M-2 District shall be as follows:
(1) 
Signs, subject to the provisions of Article VII.
(2) 
Loading and unloading ramps and off-street parking facilities in accordance with the requirements of Article VIII.
(3) 
Outdoor storage, subject to the provisions of Article IX.
(4) 
Retail sales, including showrooms, only as an accessory to an industrial uses and subject to the provisions of Article IX.
(5) 
Child-care centers, subject to the provisions of Article IX.
C. 
Uses permitted with a conditional use permit. The following may be permitted in the M-2 District with a conditional use permit, subject to the provisions of Article IX:
(1) 
Clinics for the treatment of drug addiction.
(2) 
Public utilities.
(3) 
Places of worship.
(4) 
Bars and taverns
(5) 
Bowling alleys.
(6) 
Amusement arcades.
(7) 
Billiard parlors and dance halls.
(8) 
Bingo halls.
(9) 
Tattoo parlors, piercing parlors, and other body art shops.
(10) 
Boardinghouses and rooming homes.
(11) 
Truck terminals and bulk distribution terminals.
(12) 
Auto dealerships.
[Added 3-28-2006 by Ord. No. MC 3316]
(13) 
Auto-truck repair/body shops.
[Added 3-28-2006 by Ord. No. MC 3316]
(14) 
Auto washes.
[Added 3-28-2006 by Ord. No. MC 3316]
(15) 
Gasoline stations.
[Added 3-28-2006 by Ord. No. MC 3316]
D. 
Height, area and bulk requirements in the M-2 District shall be as specified in the schedule attached hereto.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Height Requirements is included as an attachment to this chapter.
E. 
Other requirements for the M-2 District.
(1) 
Prohibited uses shall be as follows:
(a) 
Any such use as or similar to:
[1] 
Acetylene gas manufacture.
[2] 
Ammonia, chlorine or bleaching powder manufacture.
[3] 
Asphalt manufacturing or refining.
[4] 
Assaying (other than gold or silver).
[5] 
Blast furnace, forge or smelter.
[6] 
Boilerworks.
[7] 
Brick, tile or terra cotta manufacture.
[8] 
Candle manufacture.
[9] 
Celluloid and other cellulose products manufacture.
[10] 
Creosote treatment or manufacture.
[11] 
Distillation of coal, wood or bones.
[12] 
Disinfectant, insecticide or poison manufacture.
[13] 
Dye stuff manufacture.
[14] 
Emery cloth and sandpaper manufacture.
[15] 
Explosives manufacture or storage.
[16] 
Fat rendering.
[17] 
Fertilizer manufacture.
[18] 
Foundry, coke and metal rolling and drawing mill.
[19] 
Gas manufacture or storage in excess of 10,000 cubic feet.
[20] 
Glue, size or gelatin manufacture.
[21] 
Incineration or reduction of garbage, offal, dead animals or refuse.
[22] 
Iron, steel, brass or copper foundry.
[23] 
Junkyard.
[24] 
Lamp black manufacture.
[25] 
Lime, cement or plaster of paris manufacture.
[26] 
Oilcloth or linoleum manufacture.
[27] 
Petroleum refining or storage of petroleum products above ground, but nothing herein contained shall prevent the storage of petroleum products not in excess of 10,000 gallons, provided that such storage is made in tanks below the surface of the ground covered with two feet of well-tamped earth; provided, however, that fuel oil for use in fuel oil burners for heating purposes may be stored underground as above indicated in tanks not exceeding 20,000 gallons' capacity.
[28] 
Printing ink manufacture.
[29] 
Pyroxylin plastic manufacture or the manufacture of articles therefrom.
[30] 
Storage, curing or tanning of raw hides or skins.
[31] 
Rock or stone crusher.
[32] 
Rolling mill.
[33] 
Rubber manufacture.
[34] 
Sale of used lumber, used plumbing and heating pipes and fixtures and used mason or building materials.
[35] 
Sauerkraut or sausage manufacture.
[36] 
Shoe blacking or stove polish manufacture.
[37] 
Slaughterhouse or slaughtering of animals or fowl.
[38] 
Soap manufacture.
[39] 
Starch, glucose, yeast or dextrin manufacture.
[40] 
Stockyard.
[41] 
Stone crushing.
[42] 
Sugar refining.
[43] 
Sulfurous, sulfuric, nitric or hydrochloric acid manufacture.
[44] 
Tallow, grease or lard manufacture or refining.
[45] 
Tar distillation or manufacture.
[46] 
Tar roofing or tar waterproofing manufacture.
[47] 
The dismantling or storage of dismantled automobiles or used parts thereof or the storage or baling of scrap paper, iron, bottles, rags or junk.
[48] 
Any other trade, industry or use that is noxious or offensive by reason of the emission of odor, dust, smoke, gas or noise.
(b) 
Any residential use.
(c) 
Retail sales and services.
(d) 
Any use which, by its nature, would create objectionable conditions due to the emission of smoke, dust, noise, gas or odor or in any way result in a detrimental effect upon the surrounding area and the general community.
(2) 
All areas not occupied by structures or required off-street parking shall be appropriately landscaped and buffered in accordance with the requirements of the Planning Board.
(3) 
Wherever a residential district is adjacent to an industrial use, an appropriate buffer strip shall be provided and maintained to screen the residential district.
(4) 
Bars and taverns.
(5) 
Adult entertainment establishments.
(6) 
Adult-oriented stores.

§ 650-28 M-3 Heavy Industrial Manufacturing District.

A. 
Permitted uses in the M-3 District shall be as follows:
(1) 
Heavy industry, subject to the provisions of Article IX, including storing, processing, polishing, laundering, cleaning and manufacture of raw materials.
(2) 
Light industry, subject to the provisions of Article IX.
(3) 
Research and development, subject to provisions of Article IX.
(4) 
Laboratories, subject to provisions of Article IX.
(5) 
Business and professional offices.
(6) 
Wholesale sales and distribution.
(7) 
Warehouses.
(8) 
Public utilities.
(9) 
Municipal buildings and other governmental uses as approved by the Planning Board and Municipal Council.
(10) 
Temporary buildings as provided in § 650-14A(5).
(11) 
Dry-cleaning plants, subject to the provisions of Article IX.
(12) 
Off-street parking lots and facilities in accordance with the requirements of Article VIII.
[Added 8-10-2010 by Ord. No. MC 3425]
(13) 
Personal and business service uses (photocopying, Internet cafes, mail: bulk, express and regular).
[Added 8-10-2010 by Ord. No. MC 3425]
B. 
Permitted accessory buildings and structures in the M-3 District shall be as follows:
(1) 
Signs, subject to the provisions of Article VII.
(2) 
Loading and unloading ramps and off-street parking facilities in accordance with the requirements of Article VIII.
(3) 
Outdoor storage, subject to the provisions of Article IX.
(4) 
Retail sales only as an accessory to an industrial use and subject to the provisions of Article IX.
(5) 
Child-care centers.
C. 
Uses permitted with a conditional use permit. The following may be permitted in the M-3 District with a conditional use permit, subject to the provisions of Article IX:
(1) 
Clinics for the treatment of drug addiction.
(2) 
Public utilities.
(3) 
Places of worship.
(4) 
Bars and taverns.
(5) 
Bowling alleys.
(6) 
Amusement arcades.
(7) 
Billiard parlors and dance halls.
(8) 
Bingo halls.
(9) 
Tattoo parlors, piercing parlors, and other body art shops.
(10) 
Adult entertainment establishments.
(11) 
Adult-oriented stores.
(12) 
Boardinghouses and rooming houses.
(13) 
Truck terminals and bulk distribution terminals.
(14) 
Auto dealerships.
[Added 3-28-2006 by Ord. No. MC 3316]
(15) 
Auto-truck repair/body shops.
[Added 3-28-2006 by Ord. No. MC 3316]
(16) 
Auto washes.
[Added 3-28-2006 by Ord. No. MC 3316]
(17) 
Gasoline stations.
[Added 3-28-2006 by Ord. No. MC 3316]
D. 
Height, area and bulk requirements in the M-3 District shall be as specified in the schedule attached hereto.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Height Requirements is included as an attachment to this chapter.
E. 
Other requirements for the M-3 District.
(1) 
Prohibited uses shall be as follows:
(a) 
Any residential use.
(b) 
Retail sales and services.
(c) 
Any use which, by its nature, would create objectionable conditions due to the emission of smoke, dust, noise, gas or odor or in any way result in a detrimental effect upon the surrounding area and the general community.
(2) 
All areas not occupied by structures or required off-street parking shall be appropriately landscaped and buffered in accordance with the requirements of the Planning Board.
(3) 
Wherever a residential district is adjacent to an industrial use, an appropriate buffer strip shall be provided and maintained to screen the residential district.

§ 650-29 P-1 Parks District.

A. 
Permitted uses in the P-1 Parks District shall be as follows:
(1) 
Parks and playgrounds.
(2) 
Indoor recreational facilities, subject to the provisions of Article IX.
(3) 
Cemeteries.
(4) 
Temporary buildings as provided in § 650-14A(5).
B. 
Uses permitted with a conditional use permit. The following may be permitted in the P-1 District with a conditional use permit, subject to the provisions of Article IX:
(1) 
Municipal buildings and other governmental uses as deemed necessary and approved by the Planning Board and Municipal Council.
C. 
Height, area and bulk requirements in the P-1 District shall be as specified in the schedule attached hereto.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Height Requirements is included as an attachment to this chapter.

§ 650-30 P-2 Institutional District.

A. 
Permitted uses in the P-2 Institutional District shall be as follows:
(1) 
Municipal buildings and other governmental uses as deemed necessary and approved by the Planning Board and Municipal Council.
(2) 
Parks and playgrounds.
(3) 
Indoor recreational facilities, subject to the provisions of Article IX.
(4) 
Temporary buildings as provided in § 650-14A(5).
B. 
Height, area and bulk requirements in the P-2 District shall be as specified in the schedule attached hereto.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Height Requirements is included as an attachment to this chapter.
Editor's Note: Former § 197-30.1 of the 1981 Revised Code, MUOD Mixed Use Overlay District, added 3-28-2006 by Ord. No. MC 3316, as amended 1-15-2008 by Ord. No. MC 3366, and which immediately followed this section, was repealed 8-10-2010 by Ord. No. MC 3425.