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Ohara Township City Zoning Code

ARTICLE IX

C Commercial District

§ 455-9.1 Purpose.

The C Commercial District is hereby established in order to provide for a variety of community scaled nonresidential and compatible residential uses, where conditions are met, with both retail and service characters in areas with adequate infrastructure.
Refer to Section XIV, Supplemental Regulations, for review of additional regulations which may pertain to the proposed use.

§ 455-9.2 Permitted uses.

A lot or parcel may be used and a building or structure may be erected and used for any of the following purposes:
A. 
Principal uses.
(1) 
Retail businesses.
(2) 
Offices.
(3) 
Personal services.
(4) 
Business services.
(5) 
Public buildings.
(6) 
Public utility facilities.
(7) 
Medical center.
(8) 
Research laboratories.
(9) 
Fire and emergency medical equipment facilities.
(10) 
Restaurants.
(11) 
Day-care center.
(12) 
Nursery school.
(13) 
Group care facility.
(14) 
Forestry.
(15) 
Medical marijuana dispensary.
B. 
Accessory uses.
(1) 
Satellite dishes (See § 455-14.31.)
(2) 
Signs. (See Article XVI.)
(3) 
Essential services as defined.
(4) 
Sidewalk sales or special events.
(5) 
Fences, walls and retaining walls. (See § 455-14.12.)
(6) 
Solar energy facility. (See § 455-14.36.)
(7) 
Wind energy facility. (See § 455-14.37.)
(8) 
Geothermal energy facility. (See § 455-14.39.)
(a) 
Geothermal energy facilities shall meet the accessory structure setbacks that may apply in the zoning district within which the facility is constructed, and where no such setback is specified, the facility shall be no closer than 10 feet from any property line.
(9) 
Short-term rentals. (See § 455-14.42.)
(10) 
EV charging (DC/fast charging).
[Added 3-12-2024 by Ord. No. 1422]

§ 455-9.3 Conditional uses.

A lot or parcel may be used and a building or structure may be erected and used for any of the following purposes, subject to the granting of a conditional use pursuant to procedures established by this chapter.
A. 
Motorized vehicle dealership. (See § 455-14.29.)
B. 
Motorized vehicle service stations. (See § 455-14.29.)
C. 
Warehousing and distribution.
(1) 
Loading and unloading facilities shall be located at the side or rear of the structure.
(2) 
Exterior pole lighting shall be of the sharp cutoff luminaire type.
(3) 
Where 50 or more p.m. peak-hour vehicle trips are projected, a traffic impact analysis shall be submitted.
D. 
Light industry.
(1) 
Said use shall be accommodated in a single structure or a group of structures not to exceed 35% maximum building coverage.
(2) 
Where the subject lot exceeds one acre in area, a traffic impact analysis shall be prepared which includes the following:
(a) 
Total traffic volumes anticipated;
(b) 
Impact on adjacent intersections; and
(c) 
Identification of a.m. and p.m. peak hours.
E. 
Hospitals. (See § 455-14.30.)
F. 
Wholesale business.
G. 
Motels, hotels, bed-and-breakfast. (See § 455-14.28.)
H. 
Mobile home parks. (See § 455-14.27.)
I. 
Other retail businesses with similar characteristics.
J. 
Clubs:
(1) 
Off-street parking areas shall be screened from abutting residential uses by a buffer yard as provided for in § 455-15.1J(1)(k).
(2) 
Exterior pole lighting fixtures shall be of the sharp cutoff luminaire type.
K. 
Public parking area.
L. 
Adult businesses:
(1) 
Adult businesses shall not be located within 1,000 linear feet of any property which is zoned residential.
(2) 
Adult businesses shall not be located within 500 feet of the property boundary line of the following uses:
(a) 
Public or private school (existing).
(b) 
Day-care center.
(c) 
Hospital.
(d) 
Group care facility.
(e) 
Nursery school.
(f) 
Public park or playground.
(g) 
Church (place of worship).
(h) 
Establishment licensed to serve or sell alcoholic beverages.
(3) 
No adult business shall be located within 1,000 linear feet of any other existing or proposed adult business.
(4) 
Any adult business which exhibits on the premises, film, videocassette, DVD, Blu-ray or other method of image production which depicts nudity or sexual conduct shall comply with the following:
(a) 
At least one employee shall be on duty at all times that any patron is on the premises.
(b) 
Where viewing rooms are located on the premises, an unobstructed view of access to all such rooms shall be available to the employee on duty.
(c) 
No viewing room shall be occupied by more than one person at any time.
(d) 
No connections or openings to adjoining viewing rooms shall be permitted.
(e) 
A minimum of one footcandle of illumination, measured at floor level, shall be provided in every area where patrons are permitted access.
(f) 
Where live performances are given, separate stage and viewing areas shall be provided with separate access to each and no connecting access between the areas.
(g) 
Alcoholic beverages shall not be sold on the premises of an adult business.
(h) 
An annual occupancy permit issued by the Zoning Officer shall be secured prior to the operation of any adult business.
M. 
Intermediate care facility, as defined.
N. 
Commercial kennel.
(1) 
Areas open to animals shall be completely surrounded by an opaque or chain-link fence capable of containing the animals being boarded.
(2) 
Fencing shall not be located closer than 100 feet from any property or street right-of-way line.
(3) 
Any property to be used for such a facility shall be a minimum of five acres in area.
(4) 
Buildings housing animals shall be located not closer than 100 feet to any property or street line.
(5) 
Dogs shall be kept within a completely enclosed structure between the hours of 9:00 p.m. and 8:00 a.m.
(6) 
Fenced-in areas shall be located as far away as possible from neighboring dwellings and drainageways, and runoff from such areas shall be directed away from nearby homes.
(7) 
No burial of dead animals shall occur on the property.
O. 
Self-service storage facilities. (See § 455-14.14.)
P. 
Major motorized vehicle repair.
Q. 
Tavern.
(1) 
No tavern shall be located within 500 feet of the property boundary of a church, cathedral, synagogue, hospital, elementary or secondary school, day care, municipal park, public recreation center, or drug and alcohol rehabilitation center.
(2) 
In addition to the foregoing, the following standards shall apply to taverns and the application for conditional use status:
(a) 
In granting the use, Council may attach reasonable conditions warranted to protect the public health, safety and welfare, including but not limited to location, fencing, screening and increased setbacks.
(b) 
Conditional approval under this section shall automatically lapse if not used for six continuous months.
(c) 
All approvals will be only for the specific facilities and use set forth in the application. No additions or alterations thereto will be permitted without a new application.
(3) 
If applicable, a plan showing compliance with the buffer yard provisions hereof shall be submitted with the application.
R. 
Gas resources development (not including compressor stations and gas processing facilities). (See § 455-14.13B.)
S. 
Geothermal energy facility. (See § 455-14.39.)
T. 
Solar energy facility. (See § 455-14.36.)
U. 
Wind energy facility. (See § 455-14.37.)
V. 
Major outside seating. (See § 455-14.25.)
W. 
Minor outside seating. (See § 455-14.26.)

§ 455-9.4 Parking requirements.

All uses requiring off-street parking shall comply with the provisions of Article XV applicable to that use.

§ 455-9.5 Lot area, yard and height requirements.

The minimum lot areas, minimum lot width, minimum front yard, minimum width of each side yard and the maximum height for permitted uses shall be as follows:
A. 
Minimum lot area: 5,000 square feet.
B. 
Minimum lot width: 50 feet.
C. 
Minimum depth front yard: 40 feet.
(1) 
Fifty feet minimum if parking is proposed in front yard. See Article XV.
D. 
Minimum depth rear yard: 10 feet.
(1) 
Fifty feet where abutting a residential district, within which a minimum twenty-five-foot-wide planted buffer yard shall be provided.
E. 
Minimum width side yard: 10 feet.
(1) 
Fifty feet where abutting a residential district, within which a minimum twenty-five-foot-wide planted buffer yard shall be provided.
F. 
Maximum height of structure: 30 feet.
G. 
Bulk: maximum building coverage: 40% (except as otherwise indicated).
H. 
Permitted accessory structures shall be located no closer than 20 feet to the side or rear property line.
I. 
Conditional uses shall be situated on lots in compliance with the minimum area, dimensions and setbacks established for permitted uses.

§ 455-9.6 Performance standards.

All permitted, conditional and accessory uses shall comply with the performance standard provisions of Article XVIII applicable to that use. In addition, the following information shall be provided:
A. 
A traffic study shall be required for all nonresidential uses or developments which generate 50 or more a.m. or p.m. peak-hour trips and for all residential uses or developments which generate 100 or more average weekday vehicle trip ends, in accordance with § 455-18.2.

§ 455-9.7 Permits.

A zoning/building permit shall be required prior to the erection, construction or alteration of any structure proposed in relation to those uses enumerated in this article.