Buildings, structures or land shall be used, and buildings or structures shall be erected, altered, enlarged or designed to be used, in whole or in part, only in accordance with the regulations for the Business District set forth in this chapter. The Business District is subdivided into Business I and Business II. Business District I are those lots that are shown on the Zoning Map and as a general rule the Business District I lots abut a single-family district. Business District II are those lots that are shown on the Zoning Map and as a general rule the Business District II lots primarily abut a non-single-family district.

(Ord. 79-O-14. Passed 7-24-79; Ord. 2018-O-24. Passed 8-28-18; Ord. 2020-O-22. Passed 11-10-20.)

   The following buildings and uses are permitted or not permitted or allowed with a conditional use permit in the Business District I and Business District II. “Binary use structure” is defined for the purposes of Chapter 1258 as building comprised of a condominium or an apartment built above a permitted business. ("P" is a permitted use, "NP" is a use that is not permitted, and "C" is a conditional use that is approved pursuant to the provisions of Section 1242.03).

 

(Ord. 79-O-14. Passed 7-24-79; Ord. 86-O-22. Passed 11-25-86; Ord. 92-O-05. Passed 6-9-92; Ord. 2018-O-24. Passed 8-28-18; Ord. 2020-O-20. Passed 11-10-20; Ord. 2022-O-27. Passed 3-28-23; Ord. 2025-O-01. Passed 3-11-25.)

   No more than two small box discount stores, as that use or term is defined in Section 1240.02, shall be permitted or allowed in the Business II Zoning District as a conditional use and small box discount stores shall not be allowed in any other zoning district of the City.

(Ord. 2022-O-27. Passed 3-28-23.)

   No more than one "cannabis dispensary," as that use or term is defined in Section 1240.02, shall be permitted or allowed in the Business II Zoning District at any given time and cannabis dispensaries shall not be allowed in any other zoning district of the City. Any cannabis dispensary in the City must follow all State of Ohio laws and rules and regulations in order to operate in the City and the cannabis dispensary must received a license from the State of Ohio in order to operate in the City as a cannabis dispensary. No other Adult use cannabis operator as that term is defined in Ohio R.C. Chapter 3780 is allowed in the City except a cannabis dispensary as is set forth herein.

   The cannabis dispensary shall obtain a business license from the City pursuant to the requirements in Chapter 882 of the Codified Ordinances in order to operate in the City.

(Ord. 2025-O-01. Passed 3-11-25.)

   (a)   The permitted accessory buildings and uses are any accessory use customarily incidental to a use authorized by Section 1258.02.

   (b)   Any accessory building, shed, or structure to be built, erected, or placed on a lot zoned Business I or Business II must be approved by the Planning and Zoning Commission for the location of such a structure and for the appearance of any such a structure so that such a structure is consistent in design and appearance with the main building on the lot and will be in harmony with the existing or intended character of the neighborhood.

(Ord. 79-O-14. Passed 7-24-79; Ord. 2020-O-24. Passed 11-24-20.)

      (1)   There shall be a front yard setback of not less than sixty feet for all buildings in the business unless otherwise shown on the Zoning Map, and no portion of the building or structure except gasoline pumps shall project and no merchandise shall be displayed in front of the setback line. A front yard variance in excess of twenty percent for any development in the Business District may be allowed provided that it is approved by the Planning Commission and by the BZA and provided that it meets the following criteria:

         A.   The developer desires to construct business units on the first floor and either condominiums or apartments on the second floor (and higher floors if applicable and the developer's plan is to create a "Main Street" type of development that is similar to downtown Willoughby where the buildings are constructed adjacent to the sidewalk;

         B.   The developer's plan includes at least 120 feet of contiguous frontage along Andrews Road;

         C.   The developer's plan will be in harmony with the existing or intended character of the neighborhood and that such use will not change the essential character of the area;

         D.   The developer's plan is determined to be architecturally compatible with the adjacent properties and the developer's plan meets the following standards:

            1.   Building setbacks and arrangement should help define the street, frame corners, encourage pedestrian activity and define both public and private spaces;

            2.   Minimize setbacks at major intersections so that the architecture can define the area;

            3.   Contiguous building arrangement along the street-face is encouraged to avoid large breaks between buildings. Breaks to allow pedestrian connections are acceptable. Building wall offsets, including projections, recesses, and changes in floor level shall be used in order to add architectural interest and variety, and to relieve the visual effect of a simple, long wall. Similarly, roofline offsets shall be provided, in order to add architectural interest and variety, and to relieve the effect of a single, long roof;

            4.   Around common open space, use buildings to define edges and provide a comfortable scale;

            5.   Monotony of design shall be avoided. Variation of detail, form and siting shall be used to provide visual interest.

      (2)   Gasoline pumps at any service station or garage may be erected in front of the building line, but not less than twenty feet from the front lot line of any street, and the driveways, platforms and curbs on the premises shall be designed to service vehicles standing only within the premises.

      (3)   The front yard may be developed for parking.

   (d)   Buffering and Screening. Screening and buffering when lot abuts a Residential District. When a lot in any Business District abuts a Residential District, screening and buffering along the entire length of the common boundary shall be provided in accordance with the following regulations.

      (1)   Width of buffer yard. Each required buffer yard shall have the minimum width specified below for the district in which it is located:

         A.   When a Business District (I or II) abuts a Residential District, the buffer yard shall be at least five feet wide.

      (2)   Screening within the buffer yard shall consist of both:

         B.   Dense vegetative planting of a variety which shall be equally effective in winter and summer.

      (3)   The height of the screening shall be in accordance with the following:

         A.   Privacy fence shall be eight feet high measured from the natural grade;

         B.   Vegetation shall be a minimum of six feet high measured from the natural grade and may exceed eight feet if properly maintained. The required height shall be achieved no later than twelve months after the initial installation.

      (4)   All screening shall be free of advertising or other signs.

      (5)   The required landscaping shall be maintained in healthy condition by the current owner and replaced when necessary. Replacement material shall conform to the original intent of the landscape plan.

      (6)   Screening and buffering plan must be approved by the Planning and Zoning Commission prior to enactment.

   The height of any main or accessory building shall not exceed two and one-half stories or thirty-five feet. Exceptions:

   (a)   Chimneys, church spires, flag poles, ornamental towers, radio towers, water tanks and other mechanical appurtenances may be built to a height not exceeding seventy-five feet above the finished grade when erected upon or as an integral part of a building.

   (b)   Binary use buildings may be built to a height not to exceed forty feet.

(Ord. 79-O-14. Passed 7-24-79; Ord. 2018-O-24. Passed 8-28-18.)

   (EDITOR’S NOTE: Section 1258.07 was repealed by Ord. 2008-O-18, passed 10-28-08. See Chapter 1268 for current provisions regulating floodlights and exterior lighting.)