The purpose of the Medium Intensity Business District is to provide for the orderly development of retail and office land uses of limited size.

(Ord. 08-33. Passed 5-4-09.)

   (a)   Uses permitted in Section 1259.02 (LB, GO).

   (b)   Uses permitted in Section 1256.02 (CSI).

   (c)   General and service offices, including those carrying on retail trade with the public and having stock of goods maintained for sale to customers, including, but not limited to:

      (1)   Advertising agencies.

      (2)   Employment services and agencies.

      (3)   Photographic and commercial art studios.

      (4)   Radio, television or video production facilities.

      (5)   Quick printing businesses.

      (6)   Music businesses.

      (7)   Computer, internet services.

      (8)   Home health care services.

   (d)   Municipal, governmental, public utility offices and facilities.

   (e)   Health and medical clinics.

   (f)   Banks, savings and loans, credit unions, check cashing.

   (g)   Restaurant or other eating or drinking establishment with a maximum seating capacity of twenty-four.

   (h)   Furniture and home furnishing sales.

   (i)   Laundromats.

   (j)   Automobile minor repairs, including, but not limited to:

      (1)    Gas stations, with or without convenience stores.

      (2)   Quick lubes.

      (3)   Tire stores.

      (4)   Car washes.

      (5)   Muffler or brake shop.

      (6)   Detailing.

      There shall be screening along any property line adjoining an R-District in accordance with the standards outlined in Section 1290.03(a) regardless of the number of vehicles.

   (k)   Automobile sales or leasing lots with a lot area not exceeding 20,000 square feet gross area.

   (l)   Veterinary office, animal hospital or kennels.

   (m)   Funeral homes.

   (n)   Outside display of ice, food, beverage and similar dispensing equipment or machinery.

   (o)   Drive-in, drive thru sales or services.

   (p)   Pawn shops.

   (q)   Residential uses per Section 1260.14.

   (r)   Recycle collection points.

(Ord. 08-33. Passed 5-4-09.)

   (a)   Uses which are customary in the course of or associated with a specified permitted use are allowed.

   (b)   Flagpoles, television and radio antennas for the exclusive use of the property owner.

(Ord. 08-33. Passed 5-4-09.)

   (a)   Medical marijuana dispensaries as defined at OAC 3796:1-1-01 (13) provided that (a) such facility is in full and complete compliance with the requirements and restrictions of all applicable sections of the OAC and Ohio Revised Code as well as all applicable licensing and reporting requirements of the Codified Ordinances of the City of Newark, Ohio and (b) such facility is not located within 1,000 feet of a parcel of real estate having situated on it a school, church, public library, public playground, public park or community addiction services provider as defined under R.C. § 5119.01 nor within a two mile radius of another marijuana dispensary. A variance from the 1,000 feet distance restriction to reduce said restriction by no more than 250 feet distance may be issued by the Board of Zoning Appeals with a conditional use permit. Vehicular drive-thru and curb-side service is prohibited.

   (b)   Adult use dispensaries as defined at R.C. § 3780.01(a)(5) provided that such facility is in full and complete compliance with the requirements and restrictions of all applicable sections of the Ohio Revised Code, the Ohio Administrative Code, as well as all applicable licensing and reporting requirements of the Codified Ordinances of the City of Newark, Ohio and such facility is not located within 1,000 feet of a parcel of real estate having situated on it a school, church, public library, public playground, public park or community addiction services provider as defined under R.C. § 5119.01 nor within a two mile radius of another marijuana dispensary. A variance from the 1,000 feet distance restriction to reduce said restriction by no more than 250 feet distance may be issued by the Board of Zoning Appeals with a conditional use permit. Vehicular drive-thru and curb-side service is prohibited.

(Ord. 08-33-A. Passed 5-4-09; Ord. 17-43A. Passed 1-2-18; Ord. 24-18-A. Passed 9-16-24.)

   Accessory structures shall comply with Chapter 1274.

(Ord. 08-33. Passed 5-4-09.)

   (a)   The gross floor area devoted to business use in this district shall not exceed 6,000 square feet. A basement used exclusively as a mechanical space or an abandoned upper floor level is not a part of the gross floor area.

   (b)   The combined square footage of the footprint of all buildings and structures on a given lot shall not be more than thirty-five percent of the lot area, exclusive of any lot area in the floodway.

   (c)   New construction, including additions, shall be reviewed by the City Engineer for compliance with the City's current Development Regulations. These items to be considered in determining compliance include, but are not limited to, the following: roadway improvements, access management, traffic congestion prevention, storm water management, floodplain management, public utility connections, FAA requirements and landscaping requirements.

   (d)   All uses in this district shall comply with the applicable requirements of Chapter 1296.

   (e)   There shall be a maximum of four recycling collection point containers allowed per lot.

   (f)   There shall be no more than one principle building per lot.

   (g)   Existing residential structures being used as a business use may be returned to residential use.

(Ord. 08-33. Passed 5-4-09.)

   (a)   No structure shall exceed two stories or thirty feet in height.

   (b)   Flagpoles, television and radio antennas shall not exceed the height of existing buildings on the property by more than four feet.

(Ord. 08-33. Passed 5-4-09.)

   The following minimum requirements shall apply, except as provided in Chapters 1270 and 1271.

 

 

(Ord. 08-33. Passed 5-4-09.)

   Off-street parking and loading spaces shall be provided in accordance with Chapter 1290.

(Ord. 08-33. Passed 5-4-09.)

   Corner lots shall meet the requirements of Section 1240.11.

(Ord. 08-33. Passed 5-4-09.)

   Landscaping, buffering, and green space shall be provided in accordance with Chapter 1292.

(Ord. 08-33. Passed 5-4-09.)

   (a)   Front yard setbacks from public and private roadways shall be modified in accordance with the thoroughfare maps maintained in the office of the City Engineer.

   (b)   Lots with no legal access to an adequate public right-of-way shall obtain approval from the Planning Commission for the proposed access prior to issuance of a zoning certificate. Approval of a lot split by the Planning Commission is evidence of an acceptable legal access.

(Ord. 08-33. Passed 5-4-09.)

   Deed restrictions and covenants may establish additional restrictions.

(Ord. 08-33. Passed 5-4-09.)

   (a)   In this district, a one-family dwelling and related accessory structures on a single lot or parcel in existence at the time of the adoption of this Code may be repaired, altered or enlarged in accordance with Chapters 1242, 1248, 1249, or 1251 as determined by the Zoning Inspector.

   (b)   While solely new one-family or multi-family residences are not a permitted use in this district, dwelling units are permitted on a maximum of two upper levels of a building when the use of the story at grade level is a permitted use in this district. No more than two units are permitted without Planning Commission approval.

(Ord. 08-33. Passed 5-4-09.)