This district has been established to provide for areas devoted to relatively small business and service establishments that are conducted within an enclosed building and operate in response to the daily needs of the residents of the surrounding residential neighborhoods. Uses in this district are intended to be minor traffic generators located on the major thoroughfare network at access points serving residential areas. It is intended that this district be located in clusters rather than strips along the thoroughfare network in order to minimize any detrimental effect on surrounding residential areas, minimize traffic interference, and encourage pedestrian access.

('80 Code, § 152.090) (Ord. 94-14, passed 7-5-94)

   (A)   Art galleries, libraries, and museums.

   (B)   Artist, sculptor, and composer studios.

   (C)   Bakeries, retail.

   (D)   Banks and financial institutions.

   (E)   Barber and beauty shops.

   (F)   Candy and confectionery shops.

   (G)   Carry-out convenience store, without drive-through.

   (H)   Child care nursery, as regulated in § 152.199.

   (I)   Cigarette, cigar, and tobacco shops.

   (J)   Community centers.

   (K)   Delicatessens.

   (L)   Drug stores.

   (M)   Dry cleaning and laundromat businesses (self-service).

   (N)   Dry cleaning and laundry pick-up stations.

   (O)   Food stores, up to a maximum of 8,000 square feet of floor area.

   (P)   Hospitals.

   (Q)   Libraries and reading rooms.

   (R)   Medical and dental clinics.

   (S)   Medical research facilities.

   (T)   Newsstands.

   (U)   Nursing homes, rest homes, and convalescent homes.

   (V)   Office buildings of any kind, provided that no retail trade with the general public is carried on and that no stock of goods is maintained for sale to consumers.

   (W)   Places of worship.

   (X)   Publicly owned and operated buildings and facilities.

   (Y)   Radio and television broadcasting studios.

   (Z)   Research and development laboratories.

   (AA)   Rooming houses.

   (BB)   School and educational services.

   (CC)   Shoe repair shops.

   (DD)   Veterinarian offices provided that:

      (1)   Offices shall be housed in a completely enclosed and soundproof building; and

      (2)   Services will be on a strictly out-patient basis with no raising, breeding, and boarding of dogs or other small animals, except for the confinement of small animals under emergency treatment in facilities within the office.

('80 Code, § 152.091) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   (A)   Accessory uses, buildings, or other structures customarily incidental to any of the foregoing permitted uses.

   (B)   Temporary buildings for uses incidental to construction work, which buildings shall be removed on the completion or abandonment of the construction work.

   (C)   Off-street parking and loading, as regulated in §§ 152.225 through 152.237.

   (D)   Accessory signs, as regulated in §§ 152.205 through 152.222.

('80 Code, § 152.092) (Ord. 94-14, passed 7-5-94)

   The following conditional uses shall be permitted only after approval in accordance with § 152.016.

   (A)   Accessory living quarters for persons employed on the premises.

   (B)   Automobile service stations.

   (C)   Off-site parking lot.

   (D)   Service clubs.

   (E)   Exterminating services with no on-site storage of chemicals, poisons, or other potentially harmful materials.

('80 Code, § 152.093) (Ord. 94-14, passed 7-5-94; Am. Ord. 95-18, passed 9-19-95; Am. Ord. 2002-05, passed 5-7-02)

   (A)   No zoning certificate shall be issued for a use within the B-1 District, until the applicant shall have certified to the Zoning Inspector that the requirements of division (B) have been satisfied.

   (B)   (1)   The business activity will be conducted wholly within a completely enclosed building, except fuel pumps for automobile service stations. No outdoor dismantling, wrecking, or storage of automotive vehicles, parts, or accessories shall be permitted;

      (2)   The business establishment shall not offer goods, service, food, or beverages or make sales directly to customers in automobiles;

      (3)   All business shall be of a retail or service character;

      (4)   No manufacturing, processing, packaging, repair, or treatment of goods shall be carried on, except when incidental or accessory to the performance of services or the sale of goods to the public on the premises;

      (5)   Exterior lighting shall be shaded whenever necessary to avoid casting direct light on any other property or on any public street;

      (6)   All premises shall be furnished with all-weather hard surface walks of a material such as bituminous or portland cement concrete, wood, tile, terrazzo, or similar material, and, except for parking areas, the grounds shall be planted and landscaped;

      (7)   Where the property lines separate a business district from a residential district, a visual and mechanical barrier, a minimum of six feet in height, shall be provided along the common line, which may consist of any of the following:

         (a)   An evergreen hedge used with a chain link fence. Such hedge shall not be less than three feet in height;

         (b)   A solid fence of a nondeteriorating material; or

         (c)   Masonry wall;

      (8)   No noise from any operation conducted on the premises, either continuous or intermittent, shall violate the provisions §§ 152.240 through 152.245;

      (9)   No emission of toxic or noxious matter, which is injurious to human health, comfort, or enjoyment of life and property or to animal or plant life shall be permitted. Where such emissions could be produced as a result of accident or equipment malfunction, adequate safeguards considered suitable for safe operation in the business involved shall be taken;

      (10)   The emission of smoke or other air pollutants shall not violate the standards and regulations of the Montgomery County Combined General Health District. Dust and other types of air pollution borne by the wind shall be kept to a minimum by appropriate landscaping, paving, or other acceptable means;

      (11)   There will be no emission of odors or odor-causing substances which can be detected without the use of instruments at or beyond the lot lines; and

      (12)   There will be no vibration which can be detected without the use of instruments at or beyond the lot lines.

      (13)   No fence shall be erected except as in compliance with the provisions of § 152.182 of this Code, with the following additional provisions: No fence except a privacy fence may be erected between adjacent property owners if both property owners are operating a business.

('80 Code, § 152.094) (Ord. 94-14, passed 7-5-94; Am. Ord. 2000-18, passed 6-20-00; Am. Ord. 2005-17, passed 1-3-06) Penalty, see § 152.999

   In addition to the provisions of §§ 152.163 through 152.245, the standards in §§ 152.095 through 152.098 for arrangement and development of land and buildings are required in the B-1 Neighborhood Business District.

('80 Code, § 152.095) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   No structure shall exceed 35 feet in height.

('80 Code, § 152.096) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   The following minimum requirements shall be observed for all uses within the B-1 Neighborhood Business District:

   (A)   Lot area: 20,000 square feet;

   (B)   Lot frontage: 100 feet;

   (C)   Front yard depth: 25 feet (the front yard depth shall be measured from the established right-of-way lines as shown on the official thoroughfare plan for the village and shall not be less than 35 feet along any major thoroughfare);

   (D)   Side yard: None, except 20 feet when adjacent to a residential district; where a side yard is voluntarily provided, it shall be not less than 15 feet; and

   (E)   Rear yard: 40 feet, except 50 feet when adjacent to a residential zoning district or if a use is to be serviced from the rear.

('80 Code, § 152.097) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   The maximum lot coverage shall be 40% of lot area.

('80 Code, § 152.098) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   The maximum floor area ratio shall be 0.45.

('80 Code, § 152.099) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999