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Mayfield City Zoning Code

CHAPTER 1165

Local Business District

1165.01 INTENT.

   A Local Business District and its regulations are established herein in order to achieve, among others, the following purposes:
   (a)    To provide in appropriate and convenient locations, zoning districts of sufficient size for business activities, the exchange of goods and services; and
   (b)    To provide Local Business Districts to serve the needs for convenience goods and services which do not attract large volumes of traffic; and
   (c)    To encourage the tendency of business to group in centers with land of sufficient dimensions so as to satisfy the needs of contemporary developments to the mutual advantage of customers and merchants; and
   (d)    To establish criteria for planned local business areas so they may be coordinated with surrounding developments; and
   (e)    To protect adjacent residential neighborhoods by restricting the types of business uses, particularly at the common boundaries which would create hazards, noise, odors or other objectionable influences; and
   (f)   To promote the most desirable land use and traffic patterns in accordance with the objectives of the comprehensive plan.
      (Ord. 960. Passed 7-18-66.)

1165.02 CONFORMANCE.

   In order to carry out the purposes of this chapter, a Local Business District and regulations for it are hereby established.
   (a)    Buildings and land shall be used only for the uses specifically set forth as permitted in the district and not for uses enumerated in a prior or subsequent use classification of the Zoning Code of this chapter unless such uses are specifically permitted.
   (b)    The uses set forth as permitted main buildings or main uses in the district shall be the only buildings and uses permitted therein by right. The uses set forth for the district as permitted accessory buildings or uses shall be permitted therein by right as a subordinate building or use provided such use is planned and developed integrally therewith and clearly incident thereto and located on the same zoning lot as the main building or use.
   (c)    A building designed and occupied as a residence cannot be occupied in part or in whole for another use unless the building is redesigned to express the new function and reconstructed to the extent that it will fully accommodate the proposed use, and a lot occupied by a dwelling shall not be occupied for any other use permitted herein.
   (d)    The continuation, change, extension, alteration, conversion, enlargement, reconstruction, relocation or maintenance of all buildings and uses shall also be subject to all lot area and yard regulations, building area, bulk, coverage and height regulations, off-street perking, loading and access regulations, performance standards, approval of development plans and all other applicable regulations of this chapter.
      (Ord. 960. Passed 7-18-66.)

1165.03 PERMITTED USES.

   Buildings and land should be used, and buildings shall be designed, erected, altered, moved or maintained in whole or in part in Local Business Districts only for the uses set forth in the following schedules and regulations:
   (a)    Main Buildings. Retail stores and services conducted wholly within enclosed buildings and devoted to supplying neighborhood needs to the limited extent:
      (1)    Retail sales.
         A.    The sale of baked goods, confectionery, groceries, meats, fruits, vegetables, dairy products, packaged beverages.
         B.    The sale, serving and consumption of food, soft drinks, juices and ice cream in such places as restaurants, excluding places providing dancing or entertainment.
         C.    The sale of drugs, gifts, antique and art goods, flowers, periodicals, musical instruments and supplies, except outdoor loud speakers shall not be permitted; sporting and athletic goods.
         D.    The sale of wearing apparel, shoes, hats; variety stores.
         E.    The sale of hardware, tools, paint, garden supplies and household appliances.
      (2)    Retail sales in open yards. Retail sales in open yards shall be permitted to the following limited extent: The sale of gasoline, oil and accessories in service stations, and the display of automobiles by automobile dealers behind the setback line.
      (3)    Services.
         A.    Personal services, such as beauty and barber shops; interior decorating.
         B.    Laundry agencies and laundromat; tailor, pressing and dry cleaning shops in which only nonexplosive and nonflamable solvents are used, provided that no work shall be done on the premises for retail outlets elsewhere.
         C.    Repair services, such as shoe and hat, radio and television, household appliances.
D.    Automotive services limited to lubrication and minor repair to tires, batteries, ignition and cooling system may be permitted provided a conditional use permit is granted in accordance with the standards set forth in Section 1149.02.
(4)    Office buildings and offices. Sales, professional, financial, governmental, public utility, executive and administrative.
(b)    Similar Main Uses. Any other retail neighborhood store, shop or service not listed above or in any subsequent use classification, and determined as similar by the Planning and Zoning Commission according to standards of this Zoning Code.
(c)    Accessory Uses. Any accessory use such as storage of goods or processing operations which are clearly incident to conducting a retail business or service establishment, which is permitted as a main use, provided such a use has no injurious effect on adjoining residential districts.
(1)    Accessory off-street parking and loading facilities as required by standards of Section 1165.06.
         (Ord. 960. Passes 7-18-66; Ord. 2022-10. Passed 8-15-22.)

1165.04 AREA REGULATIONS.

   In Local Business Districts, buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in whole or in part, only in accordance with the following regulations:
   (a)    Local Business Uses. The area and width of the lot or parcel of land proposed to be developed for a permitted local business use shall be not less than required to accommodate the main and accessory buildings, the off-street parking and other necessary uses, and to provide the required yards of the district. If a retail business project is proposed to be developed in any Local Business District on a lot or parcel occupied by any dwelling, the lot shall have a street frontage of not less than 400 feet or be not less than three acres in area. However, if the land on which the local retail business project is proposed to be constructed adjoins land occupied by local retail business development, the Planning and Zoning Commission may determine that the adjoining local retail business development and the proposed project constitute a unit and that the lot area and lot frontage requirements may be reduced for the proposed project, provided the total street frontage and total area of the proposed project and the adjoining development shall be not less than 400 feet and not less than three acres respectively.
   (b)   Gasoline Service Stations. The area of an interim lot for gasoline service station use shall be not less than 32,500 square feet, and it shall abut a street for a distance of not less than 180 feet. If a service station is located on a corner lot, the lot shall be not less than 43,560 square feet in area, and it shall abut a distance of not less than 200 feet on each street. The street dimension shall be measured as the full width and depth of the lot excluding radii at street intersections.
      (Ord. 960. Passed 7-18-66.)

1165.05 YARD REGULATIONS.

   (a)    In Local Business Districts, building and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in whole or an part only in accordance with the following regulations:
Schedule of Yard Regulations
 
Minimum Yard Dimensions
Front Yards (feet)
Side and Rear Yards (feet)
Local Business District
Lot abuts major street
Lot abuts secondary street
Lot adjoins residential districts
Lot adjoins or within nonresidential districts
Service stations
70
50
120
30
Stores, restaurants
70
50
30
10
Automotive and other services
70
50
30
10
   (b)    Front yards shall be provided with a depth not less than set forth in the above schedule where abutting S. O. M. Center or Wilson Mills Road or other major street and where abutting a secondary street such as a street as determined by the Planning and Zoning Commission. The setbacks set forth for uses abutting a major street shall be measured from the right of way as shown on the latest street plans under consideration, or accepted by the Municipality or the Ohio Department of Transportation, whichever is greater.
   (c)    Front yards may be used for driveways and off-street parking. However, any accessory parking or service areas shall be separated from the street by a curbed planting strip to prevent unchanneled motor vehicle access or egress. When the front yard is used for off-street parking, the minimum depth from the right of way and the guideline shall be not less than eighty-six feet in depth to provide the following:
      (1)    Sixty-four feet for two tiers of parking and access drives.
      (2)    Twelve feet of landscaped area adjacent to the street right of way.
      (3)    Five feet of landscaped area adjacent to the side yards.
      (4)    Ten feet of sidewalk in front of the building.
         (Ord. 88-35. Approved by voters 5-2-89.)

1165.06 OFF-STREET PARKING AND LOADING.

   (EDITOR'S NOTE: This section was repealed by Ordinance 75-16, passed September 8, 1975. See Chapter 1183.)

1165.07 RESERVED.

   (EDITOR'S NOTE: Reserved for future legislation. See Chapter 1185 for sign regulations.)

1165.08 DEVELOPMENT PLANS.

   Preliminary and final site plans shall be prepared by the developer for all proposed developments and submitted to the Planning and Zoning Commission for review and approval in accordance with the provisions of Section 1173.10 which shall apply to Local Business Districts. (Ord. 960. Passed 7-18-66.)

1165.09 APPLICABILITY OF AND CONFLICT WITH OTHER SECTIONS OF THE CODE.

   (a)    The following existing sections of this Zoning Code shall apply specifically to the Local Business District.
       (1)    Section 1145.01 Definitions.
       (2)    Section 1149.01 Enforcement.
       (3)    Section 1149.03 Filing Fees.
       (4)    Section 1149.04 Interpretation.
       (5)    Section 1149.05 Completion and Restoration of Existing Buildings.
       (6)    Section 1149.06 Nonconforming Uses.
       (7)    Section 1149.99 Penalty.
       (8)    Section 1153.01 District and Zone Map.
   (b)    Wherever there is a conflict between any provision of this chapter and any other part of the Zoning Code, in its present form, the former shall apply insofar as the Local Business District is concerned.
(Ord. 960. Passed 7-18-66.)