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Strongsville City Zoning Code

CHAPTER 1258

Business Districts

1258.01 INTENT.

   Local Business, General Business, Shopping Center and Motorist Service Districts and their 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 the exchange of goods and services and other business activities;
   (b)    To provide Local Business Districts to serve the need for convenience goods in proximity to the immediate neighborhood which do not attract large volumes of traffic;
   (c)    To provide General Business Districts which require larger land areas, which may be open in evenings and which generate large volumes of traffic serving the need for shopping and convenience goods and services of the entire community;
   (d)    To provide Shopping Center Districts where compatible business facilities with functional relationships will be planned, organized and grouped in a unified arrangement of buildings and service facilities, all designed on a designated area of sufficient dimensions to satisfy all off-street parking demands and located along major arterial streets where the traffic generated by such development can be accommodated in such a manner that the public health, welfare and safety of the surrounding area will be maintained;
   (e)    To provide Motorist Service Districts in proximity to the intersections of major arterial streets and freeway interchanges to serve the personal needs of motorists, and to provide facilities for the servicing of vehicles;
   (f)    To establish criteria and procedures for planned business areas so they may be coordinated with surrounding developments;
   (g)    To protect adjacent residential neighborhoods by regulating the types and spacing of business use, particularly at the common boundaries, which would create hazards, noise, odors or other objectionable influences; and
   (h)    To promote the most desirable land use and traffic patterns in accordance with the objectives and the Comprehensive Plan.
(Ord. 1978-165. Passed 10-16-78.)

1258.02 USE REGULATIONS; LOCAL BUSINESS DISTRICT.

   Buildings and land shall 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 and Uses Permitted. 
      (1)   Office buildings and offices, including professional, financial, govern mental, public utility, sales, executive and administrative;
      (2)   Retail stores and services conducted wholly within enclosed buildings and devoted to supplying neighborhood needs to the following limited extent:
         A.    Retail sales.
            1.    The sale of baked goods, confectionery, groceries, meats, fruits, vegetables, dairy products and packaged beverages;
            2.    The sale of drugs, gifts, antique and art goods, flowers, periodicals, musical instruments and supplies (provided that no loudspeakers broadcast onto the street) and sporting and athletic goods, and specifically excluding the sale of items set forth in Sections 1258.06(a)(4) and 1258.06(a)(5);
            3.    The sale of wearing apparel, shoes and hats; variety stores;
            4.    The sale of hardware, tools, paint, garden supplies and household appliances; and
            5.   The sale, serving and consumption of food, soft drinks, juices and ice cream in carry-out and sit-down restaurants whenever such use is within a business building located adjacent to another business building having one or more party walls and a common roof with one or more similar business buildings, but not as a separate business building or use, provided a conditional use permit is granted in accordance with the standards set forth in Section 1242.07 of the Zoning Code.
            6.   An outdoor eating area adjacent to and as an accessory use to the main building may be permitted provided a conditional use permit is granted in accordance with the standards set forth in Section 1242.07 of the Zoning Code.
         B.    Services.
            1.    Personal services, such as beauty and barber shops; interior decorating, but excluding services listed in Section 1258.06(a)(6);
            2.    Laundry agencies and laundromat; tailor, pressing and dry cleaning shops in which only nonexplosive nonflammable solvents are used provided that no work shall be done on the premises for retail outlets elsewhere; and
            3.   Repair services, such as shoe and hat, radio and television, household appliances.
      (3)   Retail sales in open yards to the following limited extent: Garden equip ment and supplies, garden furniture, nursery stock and monuments may be sold on an open lot provided the operation is in connection with an established related business conducted within a store building or retail greenhouse, not more than 150 feet therefrom, and provided the sales in open yards comply with the setbacks established in Section 1258.11 of this Zoning Code.
      (4)   Child/Adult Day Care Centers. Buildings and land for child/adult day care centers, provided that a conditional use permit is granted in accordance with the procedures and standards set forth in Section 1242.07 of this Zoning Code.
   (b)    Similar Main Uses Permitted. Any other neighborhood retail store, shop or service not listed above or in any subsequent use classification, and determined as similar by the Planning Commission in accordance with the standards set forth in Section 1242.08 of this Zoning Code. Main uses enumerated in a General Business District, except assembly halls, mortuaries, and bus passenger stations, may be permitted in a Local Business District, provided a conditional use permit is granted in accordance with the standards set forth in Section 1242.07 of this Zoning Code.
   (c)   Accessory Uses Permitted. Any accessory use, such as storage of goods or processing operations which are clearly incidental to conducting a retail business, office or service establishment, which is permitted as a main use, provided that such a use has no injurious effect on adjoining Residential Districts.
      (1)   Accessory off-street parking and loading facilities as required in Chapter 1270 of this Zoning Code; and
      (2)   Signs in Local Business Districts shall be designed, erected, altered, reconstructed, moved and maintained, in whole or in part, in accordance with the type, design size, location, illumination and other provisions set forth in Chapter 1272 of this Zoning Code.
         (Ord. 2016-158. Passed 11-21-16.)

1258.03 USE REGULATIONS; GENERAL BUSINESS DISTRICT.

   Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in whole or in part, in General Business Districts, only for uses set forth in the following schedules and regulations:
   (a)   Main Buildings and Uses Permitted.
      (1)   Offices, stores, services and other use classifications as permitted in Local Business Districts;
      (2)   Mortuaries (Funeral Homes);
      (3)   Additional retail business stores and services conducted wholly within enclosed buildings and devoted to supplying the retail business needs of the community to the following extent:
         A.   Retail sales.
            1.   The sale of all food; frozen food lockers;
            2.   The sale of all general merchandise; dry goods, variety and department stores, but excluding the sale of items listed in Sections 1258.06(a)(4) and 1258.06(a)(5);
            3.   The sale of all hardware, appliances, china, furniture, floor and wall covering, business equipment, music, radio and television, provided no loudspeakers broadcast outside the parcel;
            4.   The sale of bicycles, sport and athletic equipment, pet shops;
            5.   Wholesale offices and showrooms, with storage limited to samples;
            6.   The sale, serving and consumption of food, soft drinks, juices and ice cream in carry-out and sit-down restaurants whenever such use is within a business building located adjacent to another business building having one or more party walls and a common roof with one or more similar business buildings, but not as a separate business building or use, provided a conditional use permit is granted in accordance with the standards set forth in Section 1242.07. An outdoor eating area adjacent to and as an accessory use to the main building may be permitted provided a conditional use permit is granted in accordance with the standards set forth in Section 1242.07 of the Zoning Code.
            7.   Restaurants, taverns, night clubs, delicatessens, eating establishments, businesses permitting dancing and live entertainment, whenever such use is within a business building located adjacent to another business building having one or more party walls and a common roof with one or more similar business buildings but not as a separate building or use provided a conditional use permit is granted in accordance with the standards set forth in Section 1242.07 of this Zoning Code. An outdoor eating area adjacent to and as an accessory use to the main building may be permitted provided a conditional use permit is granted in accordance with the standards set forth in Section 1242.07 of the Zoning Code.
            8.   Individual retail business stores of 100,000 square feet and larger may be permitted a limited area to display merchandise outside the store building in an approved designated, self-contained, screened area provided a conditional use permit is granted in accordance with the provisions of Section 1242.07 of this Zoning Code.
            9.   The sale and/or exchange of propane canisters not exceeding twenty (20) pounds at freestanding "big box" stores exceeding 50,000 square feet gross floor area; and freestanding "super" drug stores exceeding 14,000 square feet gross floor area provided a conditional use permit is granted in accordance with the provisions of Section 1242.07 of this Zoning Code.
            10.    Brewpubs and microbreweries which include attached restaurant facilities for the on-site consumption of food and beverages provided that a conditional use permit is granted in accordance with the standards set forth in Section 1242.07 of this Zoning Code.
         B.   Services.
            1.   Shops for custom work for the making of articles to be sold only at retail on the premises, excluding internal combustion engines;
            2.   All personal service establishments without limitations on the number of persons engaged in such work, but excluding services listed in Section 1258.06(a)(6);
            3.   Photographic developing, blueprinting, letter, job and newspaper printing, radio or television stations with ancillary transmittal towers, telephone exchanges, transformer stations;
            4.   Bus passenger stations, taxi stations; and
            5.   Veterinary office/out-patient clinic provided such use is a single use in a free-standing building with no dog runs and no overnight housing of animals.
         C.   Churches. Buildings and land for churches provided that a conditional use permit is granted in accordance with the procedures and standards set forth in Section 1242.07 of this Zoning Code. To be located in a General Business District, a church shall be governed by and meet all requirements, standards and procedures of Chapter 1256 and other Codified Ordinance sections referenced therein.
         D.   Child/Adult Day Care Centers. Buildings and land for child/adult day care centers, provided that a conditional use permit is granted in accordance with the procedures and standards set forth in Section 1242.07 of this Zoning Code.
         E.   Exercise Facilities. Dance instruction, gymnastics, yoga, martial arts training, gymnasiums, and physical fitness centers, none of which shall exceed 5,000 square feet, provided that a conditional use permit is granted in accordance with the procedures and standards set forth in Section 1242.07 of this Zoning Code.
         F.   Automotive Service Centers. Automotive Service Centers in accordance with the provisions of Section 1258.14 and provided a conditional use permit is granted in accordance with the standards set forth in Section 1242.07 of the Zoning Code.
         G.   Training/Amusement Facilities.
 (Ord. 2016-158. Passed 11-21-16; Ord. 2016-198. Passed 11-21-16.)
   (b)   Similar Main Uses Permitted. Any other general business store, shop or service not listed above or in any subsequent use classification and determined as similar by the Planning Commission in accordance with the standards set forth in Section 1242.08.
   (c)   Accessory Uses Permitted. Any accessory use such as storage of goods or processing operations which are clearly incident to conducting a retail business, office or service establishment or other permitted main use, provided that such accessory use serves solely as an accessory use to permitted main uses on the same zoning lot, and provided such an accessory use has no injurious effect on the adjoining residential districts. The following accessory uses are also permitted:
      (1)   Accessory off-street parking and loading facilities as required in Chapter 1270 of this Zoning Code; and
      (2)   Signs in General Business Districts shall be designed, erected, altered, reconstructed, moved and maintained, in whole or in part, in accordance with the type, design size, location, illumination and other provisions set forth in Chapter 1272 of this Zoning Code.
      (3)   Crematories only as an integral component of a licensed mortuary (funeral home) provided a conditional use permit is granted in accordance with the standards set forth in Section 1242.07.
      (4)   Storage, display, and sale of vehicles associated with an adjacent automobile dealership on abutting property zoned Motorist Service (MS) provided that a conditional use permit is granted in accordance with the standards set forth in Section 1242.07 of the Zoning Code.
(Ord. 2017-140. Passed 11-20-17.)

1258.04 USE REGULATIONS; SHOPPING CENTER DISTRICT.

   Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in whole or in part in Shopping Center Districts only for the uses set forth in the following schedules and regulations:
   (a)    Main Buildings and Uses Permitted. The following principal uses conducted wholly within enclosed buildings:
      (1)    Retail Stores and Shops, except wholesale offices and showrooms, mortuaries, transmittal towers, telephone exchanges, bus passenger stations, hotels and motels;
      (2)    Personal Services, but excluding services listed in Sections 1258.06(a)(4), 1258.06(a)(5), and 1258.06(a)(6);
      (3)    Offices;
      (4)    Restaurants, which may include accessory outdoor eating areas provided that a Conditional Use Permit is granted for outdoor seating in accordance with the appropriate standards set forth in Section 1242.07; and
   (b)    Main Uses Regional Shopping Centers. The following principal uses may be permitted in addition to those listed in Section 1258.04(a) only as part of a unified and cohesive Regional Shopping Center which shall include an interior sheltered walk or promenade that provides access to a variety of retail stores, restaurants, and service uses:
      (1)   Hotels with a minimum three (3) star rating as defined by widely recognized travel services such as Trip Advisor, provided that a Conditional Use Permit is granted in accordance with the appropriate standards set forth in Section 1242.07;
      (2)   Fitness Centers, Sports Facilities, Exercise Facilities, and Amusement Facilities excluding carnival types of uses, provided that a Conditional Use Permit is granted in accordance with the appropriate standards set forth in Section 1242.07;
      (3)   Medical Facilities including clinics and urgent care facilities, but excluding facilities with patient beds for overnight stays provided that a Conditional Use Permit is granted in accordance with the appropriate standards set forth in Section 1242.07;
      (4)   Theaters;
      (5)   Outdoor gathering spaces, activities, and dining areas;
      (6)   Grocery stores provided that a Conditional Use Permit is granted in accordance with the appropriate standards set forth in Section 1242.07;
      (7)   Outdoor playing fields or training areas as accessory to a main use provided that a Conditional Use Permit is granted in accordance with the appropriate standards set forth in Section 1242.07; and
   (c)   Similar Main Uses Permitted. Any other general business store, shop, service or amusement facility not listed above or in any subsequent use classification and determined as similar by the Planning Commission in accordance with standards set forth in Section 1242.08 of this Zoning Code except wholesale offices and showrooms, mortuaries, transmittal towers, telephone exchanges, transformer stations, and bus passenger stations; and
   (d)   Accessory Uses Permitted. Any accessory use such as storage of goods or processing operations which are clearly incident to conducting a retail business, office or service establishment or other permitted main use, provided such an accessory use is compatible with contiguous office, retail and service establishments.
      (1)    Accessory off-street parking and loading facilities as required in Chapter 1270 of this Zoning Code;
      (2)   Signs in Shopping Center Districts shall be designed, erected, altered, reconstructed, moved and maintained, in whole or in part, in accordance with the type, design size, location, illumination and other provisions set forth in Chapter 1272 of this Zoning Code;
      (3)    Parking structures provided that a Conditional Use Permit is granted in accordance with the standards and procedures set forth in Section 1242.07 of this Zoning Code;
      (4)    Outdoor dining in conjunction with an approved sit-down restaurant, provided that a conditional use permit is granted in accordance with standards and procedures set forth in Section 1242.07 of this Zoning Code. (Ord. 2024-006. Passed 4-15-24.)

1258.05 USE REGULATIONS; MOTORIST SERVICE DISTRICT.

   Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in whole or in part in Motorist Service Districts only for the uses set forth in the following schedules and regulations:
   (a)   Main Buildings and Uses Permitted.
      (1)   Service Stations. Service stations for the sale of fuels, oil, lubricants, batteries, tires, and other automotive accessories to the motoring public. Such facilities may include facilities for servicing and minor repair of vehicles and the retail sales of merchandise in accordance with the provisions of Section 1258.14 .
      (2)   Lodging facilities. Motel accommodations for the traveling public. A game room or amusement arcade may be permitted within lodging facilities only if a conditional use permit is granted in accordance with standards set forth in Section 1242.07.
      (3)   Eating and drinking establishments. Restaurants, snack bars, taverns, drive-in restaurants as individual establishments or in conjunction with a lodging or indoor tennis facility permitted in this District. A game room or amusement arcade may be permitted within eating and drinking facilities only if a conditional use permit is granted in accordance with standards set forth in Section 1242.07. An outdoor eating area adjacent to and as an accessory use to the main building may be permitted provided a conditional use permit is granted in accordance with the standards set forth in Section 1242.07 of the Zoning Code.
      (4)   Automotive service centers. Automotive Service Centers in accordance with the provisions of Section 1258.14 .
      (5)   Indoor tennis facility.  
      (6)   Fueling Stations. Fueling stations for the sale of fuel and convenience goods to the motoring public. Such facilities may include the sale of food and beverages for carry out and/or on premises consumption. Outdoor display or sale of merchandise shall only be permitted as specifically authorized by Planning Commission as part of development plan approval. Outdoor eating areas may be permitted provided a conditional use permit is obtained in accordance with Section 1242.07 .
      (7)   Recreational vehicle sales and service. Motorcycle, boat, snowmobile and outboard motor sales and service, provided the use is located within a free-standing building and all testing facilities and operations are conducted within an enclosed building; and
      (8)   Automotive sales. Automotive, truck, van and recreational vehicle sales, leasing, renting and related services, including accessory repair and service garages, provided such uses are within a free-standing building; and new and used automotive, truck, van and recreational vehicle sales lots, provided such uses are in conjunction with a permitted vehicles sales use located on the same lot as the free-standing building used for the sale of new motor vehicles.
   (b)   Similar Main Uses Permitted. Any other motorist service facility or service not listed above or in any subsequent use classification and determined as similar by the Planning Commission in accordance with the standards set forth in Section 1242.08 of this Zoning Code; and
   (c)   Accessory Uses Permitted.
      (1)   Off-street parking and loading facilities as required in Chapter 1270 of this Zoning Code;
      (2)   Signs in Motorist Service Districts shall be designed, erected, altered, reconstructed, moved and maintained, in whole or in part, in accordance with the type, design size, location, illumination and other provisions set forth in Chapter 1272 of this Zoning Code; and
      (3)    The sale and/or exchange of propane canisters not exceeding twenty (20) pounds capacity as an accessory use at Fueling Stations, Service Stations and Recreational Vehicle Sales and Service Facilities provided a conditional use permit is obtained in accordance with Section 1242.07.
(Ord. 2014-132. Passed 9-2-14.)

1258.06 USE REGULATIONS; RESTAURANT-RECREATIONAL SERVICES DISTRICT.

   Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in whole or in part in Restaurant-Recreational Services Districts only for the uses set forth in the following schedules and regulations:
   (a)    Main Buildings and Uses Permitted.
      (1)    The sale, serving and consumption of food, soft drinks, juices and ice cream in such places as drive-in, carry-out and sit-down restaurants. Places where food or beverages are not consumed within a building may be permitted only if a conditional use permit is granted in accordance with the standards set forth in Section 1242.07 of this Zoning Code. An outdoor eating area adjacent to and as an accessory use to the main building may be permitted provided a conditional use permit is granted in accordance with the standards set forth in Section 1242.07 of the Zoning Code.
      (2)    The sale, serving and consumption of alcoholic beverages, including dancing and live entertainment, provided a conditional use permit is granted in accordance with the standards set forth in Section 1242.07 of this Zoning Code;
      (3)    Commercial, amusement and recreational services, such as assembly and meeting halls, billiard halls, bowling alleys, dance halls, indoor theaters, ice and roller skating rinks and other social, fraternal, sport and recreational establishments, provided they are conducted within an enclosed building and sufficiently sound-insulated to confine the noise to the premises. A game room or amusement arcade may be permitted only if a conditional use permit is granted in accordance with the general and specific standards set forth in Section 1242.07 of this Zoning Code.
      (4)   Pawn shops, provided a conditional use permit is granted in accordance with the standards set forth in Section 1242.07 of this Zoning Code.
      (5)   The sale of paraphernalia typically associated with controlled substances, vape shops, vaporizer stores, and similar operations, provided a conditional use permit is granted in accordance with the standards set forth in Section 1242.07 of this Zoning Code.
      (6)   Hookah lounges, smoke lounges, vapor lounges, or other similar services, provided a conditional use permit is granted in accordance with the standards set forth in Section 1242.07 of this Zoning Code.
   (b)    Similar Main Uses Permitted. Any other restaurant or commercial recreational service facility not listed above or in any subsequent use classification and determined as similar by the Planning Commission in accordance with the standards set forth in Section 1242.08 of this Zoning Code;
   (c)    Accessory Uses Permitted. Any accessory use, such as storage of goods which are clearly incidental to conducting a restaurant or commercial recreational use, shall be permitted, provided such accessory use is compatible with the permitted main use.
      (1)    Mechanical amusement devices as defined in Section 1240.08(c)(19), pro vided, however, that a conditional use permit must be obtained pursuant to this section for the use of more than one device in the business premises;
      (2)    Accessory off-street parking and loading facilities as required in Chapter 1270 of this Code; and
      (3)    Signs in Restaurant-Recreational Services Districts shall be designed, erected, altered, reconstructed, moved and maintained, in whole or in part, in accordance with the type, design size, location, illumination and other provisions set forth in Chapter 1272 of this Zoning Code.
         (Ord. 2024-136. Passed 11-18-24.)

1258.07 USES AND BUILDINGS PERMITTED ON ZONING LOT.

   In any Local Business, General Business, Motorist Service or Restaurant-Recreational Services District, a zoning lot shall be used for only similar main uses However, any dwelling located within such districts may also have as an accessory use a home professional office or home occupation as provided in Section 1252.03 of this Zoning Code.
   Existing residential dwellings located in any Local Business, General Business, Motorist Service or Restaurant-Recreational Services District shall not be used for or converted to any business use, except a home professional office or home occupation as provided in this Code.
(Ord. 1978-165. Passed 10-16-78.)

1258.08 AREA REGULATIONS.

   In all 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 schedule:
Schedule of Minimum Lot Area and Width Requirements
Main Use
District
Lot Area
Lot Width (feet)
Dwelling
Local Business, General Business
In accordance with adjacent Residential District
In accordance with adjacent Residential District
Hotel/Motel
Motorist Service
1,000 sq. ft. /rental unit
250
Service Stations
Motorist Service
1 acre
200
Auto sales
Motorist Service
5 acres   
350
Bus garage
Motorist Service
4 acres   
250
Restaurant, Auto Service Center Motorcycle, boat sales
Motorist Service
2 acres   
200
Indoor tennis Facility
Motorist Service
4 acres
100
Neighborhood
Shopping Center
5 acres
Community Center
Shopping Center
20 acres
Regional Center
Shopping Center
35 acres
Single Separate Business use
General Business or Restaurant -
Recreational
Services
150
Local Business
125
Attached or Multiple Business use
General Business Restaurant -
Recreational
Services
Local Business
200
(Ord. 2002-6. Passed 3-18-02.)

1258.09 LAND COVERAGE.

   In Local Business, General Business, Shopping Center, Motorist Service and Restaurant- Recreational Services Districts, notwithstanding any other provision of this Zoning Code, the land area occupied by main and accessory buildings shall not exceed twenty-five percent of the total area of the parcel being developed. In General Business Districts, such percentage of building coverage may be increased if the Planning Commission finds that by providing the required number of accessory parking spaces on an adjacent parcel within a walking distance of 250 feet from the main building, the off-street parking and loading facility requirements set forth in Chapter 1270 of this Zoning Code will be satisfied.
   Whenever the required accessory off-street parking facilities are proposed to be located on a parcel other than the one occupied by the main building served, the Planning Commission may require a copy of the agreements covering such an arrangement as set forth in Section 1270.07 of this Zoning Code.
(Ord. 1978-165. Passed 10-16-78.)

1258.10 LOT WIDTH.

   In any General Business or Restaurant-Recreational Services District, a minimum lot width of 150 feet shall be provided for each separate business use and a minimum width of 200 feet shall be provided whenever a business building is located adjacent to another business building having one or more party walls and a common roof with one or more similar business buildings.
(Ord. 1978-165. Passed 10-16-78.)

1258.11 YARD REGULATIONS; BUSINESS DISTRICTS.

   In all Business Districts, buildings and land shall abut a dedicated street for the required lot width, and shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, only in accordance with the following schedule and regulations:
   (a)   Schedule of Yards and Setbacks for Business Uses. In Business Districts, the yards shall be not less than set forth in the following schedule:
Schedule of Minimum Yard and Setback (SB) Dimensions
District
Main & Accessory Building & Use
SB Abutting Prospect, Pearl, Sprague & Royalton Rds. & W. 130th St. (ft.)
Front Yard SB Abutting Other Sts. (Distance from St. R-O-W) (ft.)
Side Yard Abutting Residential District (ft.)
SB Abutting Non-
Residential District (ft.)
Rear Yard Abutting Residential District (ft).
SB Abutting Non-Residential District (ft.)
Local Business
Offices, stores and services
125 from centerline
50
20
None but min. 10 between buildings
20
10
Sales in open yards
50 from right of way
35
Not allowed
Not allowed
Not allowed
Not allowed
Parking areas and drives
20 from right of way
20
10
5
10
5
General Business and Restaurant-Recreational Services
Offices, stores, services, mortuaries, amusement and recreation
125 from center-line
80
30
None but min. 10 between buildings
30
10
Sales in open yards
90 from center-line
45
Not allowed
Not allowed
Not allowed
Not allowed
Parking areas and drives
75 from center-line
30
10
5
10
5   
Shopping Center
All Main and Accessory Uses
200 from center-line
150
100
50
100
50
Sales in open yards
Not allowed*
Not allowed*
Not allowed*
10
Not allowed*
10
Parking areas and drives
40 from right of way
40
20
10
20
10
Motorist Service
All Main and Accessory Uses
125 from center-line
50
50
25
50
25
Motorist Service
Parking areas and drives
30 from right of way
30
20
10
20
10
* Except as provided in Section 1258.04(b).
(Ord. 2024-006. Passed 4-15-24.)
   (b)    Supplementary Yard Regulations. Yards may be used for off-street parking, loading, traffic circulation, illumination, landscaping and signs as regulated in other sections of this Zoning Code.
      (1)    Front yards. Front yards for buildings and uses shall not be less than established in the preceding schedule, and no structure shall be erected in front of such line unless shown otherwise on the Zone Map or specifically modified in supplementary regulations.
         A.    Wherever parking areas are proposed in front yards, the Planning Commission may require, as a condition of approval, that a front yard depth greater than set forth above is deemed proper to relate the proposed structures to surrounding developments. If parking or sales are permitted in front yards, a concrete curb or precast barrier shall be erected along the parking area or sales area, and the front yard between such line and the public right of way shall be landscaped and maintained attractively.
         B.     Gasoline pumps, islands, and canopies covering pump islands for weather protection, which are constructed and operated as part of a service station or fueling station, may be erected in front of the established building line, provided that no part of any pump, island, or canopy shall be located less than twenty (20) feet from the right-of-way line of a public street or highway, and further provided that the design, height, and location of all canopies have been approved by the Planning Commission.
            All driveways and curbs shall be designed in accordance with standards established by the City Engineer.
            A structure not exceeding twenty-four (24) square feet may be permitted on the pump island for a station attendant.
            One sign not exceeding thirty (30) square feet in sign face area and thirty (30) inches in height may be permitted on each face of a pump island canopy which faces the frontage street or side street on a corner lot.
         C.    The Planning Commission may vary the 125-foot front yard building setback from the center line of Prospect Road, Royalton Road and West 130th Street to fifty feet from the street right-of- way line with a thirty-five foot front parking setback, or seventy feet from the street right-of-way line with a twenty-five foot front parking setback, when the Commission determines such variation in setback is appropriate considering adjacent development.
      (2)   Side yards. Whenever a business building is located adjacent to another business building having one or more party walls and a common roof with one or more similar buildings, but individually owned, there shall be no side yards required. Separate business buildings shall be not less than ten feet from the nearest business building.
         If an off-street parking area is planned and designed as a coordinated facility with adjacent existing or planned parking areas, the Planning Commission may waive the side yard parking or drive setback requirement of this section.
      (3)    Side yard on corner lots. Whenever a business building is located on a corner lot, the width of the building side yard on the side street shall be not less than fifty feet for major arterial streets, thirty-five feet for collector streets and twenty-five feet for local collector and local streets. On a corner lot, parking shall be set back at least twenty feet from the side street right of way.
      (4)    Yard screening and landscaping. Whenever a non-residential use is located or proposed to be located on a lot which adjoins, is contiguous to, or could affect a Residential District or a residential use, a side or rear yard of not less than set forth on the preceding schedule shall be provided on the non-residential lot and screening shall be provided as required in this section.
   The Planning Commission may in its discretion, require that all areas, which adjoin, are contiguous to, or could affect a lot zoned residential or a lot which is developed with a residential use, be shielded with a solid masonry wall not less than six (6) feet in height above grade. The masonry wall shall have a brick veneer or stone finish that matches the non-residential structure or other brick or stone as approved by the Planning Commission. The Planning Commission may require additional screening by way of plantings on either or both sides of the solid masonry wall.
   The Planning Commission may waive the requirement of a solid masonry wall because of drainage difficulties, topographic reasons or for any other reason that the Planning Commission deems appropriate. In such cases where the requirement of a solid masonry wall is waived, the Planning Commission shall require any combination of earthen berms, fencing, or plantings which will effectively shield adjacent residential districts or uses from parking lot illumination, headlights, fumes, heat, blowing papers and dust, and which will reduce the visual encroachment of non-residential buildings, signs and activity.
   The screening requirements of this section shall apply to each new non-residential use and any current non-residential use which is substantially modified, or which is altered in any manner that further impacts or could impact on a Residential District or residential use.
          (Ord. 2014-132. Passed 9-2-14.)

1258.12 HEIGHT REGULATIONS.

   The height of any main or accessory building shall not exceed thirty-five (35) feet in any Local Business, Motorist Service or Restaurant-Recreational Services District, and sixty (60) feet in any General Business or Neighborhood Shopping Center District, except that an indoor tennis facility in a Motorist Service District shall not exceed forty-five (45) feet. Uses within a Regional Shopping Center District shall not exceed seventy (70) feet in height. Mechanical space for building equipment placed on the building roof may be allowed above the maximum height specified, provided that such mechanical space is set back a minimum of fifteen (15) feet from any exterior wall, does not exceed fifteen (15) feet in height and is adequately screened from view, and provided, further, that such mechanical space and screening are approved by the Planning Commission.
(Ord. 2024-006. Passed 4-15-24.)

1258.13 ACCESS REGULATIONS; MOTORIST SERVICE DISTRICT.

   (a)   In a Motorist Service District no access street or driveway shall be located less than 600 feet from the intersection of a freeway ramp with SR 82.
 
   (b)   Access driveways to US 42 and SR 82 shall be spaced not less than 100 feet on center. Whenever possible, an access driveway not more than eighteen (18) feet wide shall be located along the side lot line to allow the joint development of a maximum thirty-six (36) feet wide access drive when to adjoining lots are developed.
 
   (c)   A poured concrete curb with a minimum radius of thirty-five (35) feet shall define the apron portion of access driveways. Such curb shall be continued along the arterial street frontage between access points to prohibit unchanneled vehicular ingress and egress.
(Ord. 2014-132. Passed 9-2-14.)

1258.14 SUPPLEMENTARY REGULATIONS FOR SERVICE STATIONS AND AUTOMOTIVE SERVICE CENTERS.

   Notwithstanding any of the provisions of this Chapter, the following supplementary regulations shall also apply to Service Stations and Automotive Service Centers:
   (a)   All service and repair work shall be conducted wholly within an enclosed building.
   (b)   Off-street parking shall be provided at the rate of five (5) spaces for each 1,000 square feet of retail floor area plus three (3) spaces per service bay.
   (c)   No merchandise shall be stored, displayed, or offered for sale except within an enclosed building or as otherwise specifically authorized by Planning Commission as part of development plan approval.
   (d)   Sales merchandise may include convenience items intended for consumption off premises by the monitoring public.
   (e)   A lounge area, which may include the sale of packaged snacks and beverages, may be provided for customers waiting for vehicle repairs, however, there shall be no preparation of food for sale or distribution on the premises.
      (Ord. 2014-132. Passed 9-2-14.)

1258.15 SHOPPING CENTER DEVELOPMENT PLANS.

   A Shopping Center District may be established upon a tract of land in single ownership or under unified control, provided that a sketch development plan for a planned business center has been prepared, submitted and approved in accordance with the regulations, procedures and requirements of this chapter.
   Any developer may submit development plans for neighborhood, community and regional shopping centers in accordance with the provisions of this chapter and other applicable parts of this Zoning Code. A neighborhood shopping center means a shopping center ranging in size from 20,000 to 100,000 square feet of building floor area having a supermarket-type food store or super drug store as the leading tenant.
   A community shopping center means a shopping center ranging in size from 100,000 to 400,000 square feet of building floor area having a junior department store or variety store as the leading tenant.
   A regional shopping center means a shopping center ranging in size from 400,000 to 1,000,000 square feet of building floor area having a major department store as the leading tenant.
(Ord. 1978-165. Passed 10-16-78.)

1258.16 SUBMISSION OF APPLICATION FOR SHOPPING CENTER DEVELOPMENT.

   A developer shall submit to the Planning Commission a sketch development plan of the shopping center with supporting data, including, but not limited to, a market analysis, financial report, time schedule, traffic study and substantiation of ownership, all of which shall be prepared by qualified professional persons.
   The sketch development plan and supporting data shall include the following:
   (a)   Sketch Development Plan. The sketch development plan shall be designed in accordance with the planning standards, regulations and criteria established in this Zoning Code and the Subdivision Regulations and shall show a unified and organized arrangement of buildings, off-street parking, internal pedestrian and vehicular circulation and service facilities.
   (b)   Market Analysis. The market analysis shall include:
      (1)   Identification of the trade area of the proposed shopping center;
      (2)   Trade area population, present and future; and
      (3)   Net potential customer buying power for stores in the proposed shopping center.
   (c)   Financial Report. The financial report shall satisfy the Planning Commission as to the financial responsibility of the proponent to carry the proposal to completion in full compliance with this chapter and shall include:
      (1)   The source of construction funds;
      (2)   Names of persons who have a financial interest in the shopping center; and
      (3)   Information on leasing arrangements and terms.
   (d)    Traffic Study. The traffic study shall include an estimate of traffic volumes to be generated by the development and the assignment of traffic to proposed entrances and exits.
   (e)    Substantiation of Ownership. Substantiation of ownership shall include a certification of a title company that the record owners of the property as represented on the application for shopping center development are correct.
(Ord. 1978-165. Passed 10-16-78.)

1258.17 REFERRAL FOR REVIEW AND REPORTS; SKETCH DEVELOPMENT PLAN.

   Upon receipt of a sketch development plan with supporting data for the development of a shopping center, the Secretary of the Planning Commission shall transmit a copy to the City Planner (or Planning Consultant) for his review, report and recommendation. The Planner shall, within thirty days from receiving a sketch development plan and supporting data, provide and furnish to the Planning Commission his report.
   (a)   Report to Council. Within sixty days after a sketch development plan has been filed with the Secretary, the Planning Commission shall evaluate the plan and report of the city Planner and shall furnish to Council its detailed report and recommendations with respect thereto. The report of the Planning Commission shall include either a finding that the sketch development plan and supporting data comply with the regulations, standards and criteria prescribed by this Zoning Code for planned shopping centers applicable to the proposal, or a finding of any failure of such compliance, together with an indication that the development plan is approved, disapproved or modified by the Commission. If, in any such evaluation, the Planning Commission finds that any regulations, standards or criteria prescribed by this Zoning Code are inapplicable because of unusual conditions related to the shopping center, or because of the nature and quality of the proposed design, it may recommend to Council that an adjustment in such regulations, standards or criteria be made, provided that such adjustment will not be in conflict with the promotion of the public health and safety and the general welfare of the City.
   (b)   Action by Council. Council, at not later than its next regular meeting following receipt of the Planning Commission report, shall set a date for a public hearing on the shopping center proposal in accordance with the provisions of Section 1244.03 of this Zoning Code.
      Following the completion of such public hearing, Council shall then proceed to act upon such ordinance as provided in Section 12 of Article III of the Charter.
(Ord. 1978-165. Passed 10-16-78.)

1258.18 AUTHORITY TO PROCEED; PRELIMINARY DEVELOPMENT PLAN.

   Following affirmative action by Council, the Secretary of the Planning Commission shall notify the developer of such action and authorize him to proceed with the preparation of a preliminary development plan of the shopping center.
(a)   Preliminary Development Plan. The preliminary development plan shall contain the following:
      (1)   Location, orientation and exterior dimensions of all main and accessory buildings;
      (2)   Location and dimensions of vehicular and service entrances, exits and drives;
      (3)   Location, arrangement and dimensions of automobile parking spaces, width of aisles, width of bays and angle of parking;
      (4)   Location, arrangement and dimensions of truck loading and unloading spaces and docks;
      (5)   Location and dimensions of pedestrian entrances, exits, walks and walkways;
      (6)   Topography and general drainage system;
      (7)   Location and dimension of all walls and fences;
      (8)   Location, size, height, orientation and design of all free-standing signs;
      (9)   Location of all buildings, streets and other topographical features within 500 feet of the proposed shopping center boundary; and
      (10)    Location, dimensions and arrangement of areas to be devoted to planted lawns, trees or any other purpose.
   (b)    Action by Planning Commission. Within not more than thirty days from the date on which the preliminary development plan is filed with the Secretary, the Planning Commission shall review, approve or disapprove such plan in writing, stating, in the case of disapproval, the reasons for such disapproval, and in all cases giving due notice to the applicants. In the case of disapproval, the applicant may submit to the Planning Commission an amended plan which shall include those changes made necessary to accomplish compliance with the conditions for approval stated by the Commission.
(Ord. 1978-165. Passed 10-16-78.)

1258.19 FINAL DEVELOPMENT PLAN; SHOPPING CENTER DISTRICT.

   A complete final development plan covering the entire Shopping Center District shall be prepared by the developer and filed with the Secretary of the Planning Commission within not more than:
   (a)    One calendar year from the effective date of any ordinance designating an area as a Shopping Center District at a neighborhood shopping center;
   (b)    Two calendar years from the effective date of any ordinance designating an area as a Shopping Center District at a community shopping center; and
   (c)    Five calendar years from the effective date of any ordinance designating an area as a Shopping Center District at a regional shopping center.
      Council may extend the time period provided in this section for good cause.
      The final development plan shall be a refined version of the preliminary development plan and shall incorporate all conditions stipulated by the Commission in its approval of the preliminary development plan.
      Within not more than thirty days from the date on which the final development plan is filed with the Secretary, the Commission shall review and approve or disapprove such plan. If the Commission finds that a proposed final development plan of a shopping center is in substantial compliance with and represents a detailed expansion of the preliminary plan heretofore approved, that it complies with all of the conditions which may have been imposed in the approval of such preliminary development plan, that it is in accordance with the design criteria and provisions of this Zoning Code which apply particularly to any plan of a Shopping Center District, and that all applicable provisions of the Subdivision Regulations have been complied with, the Planning Commission shall then approve such final development plan.
(Ord. 1978-165. Passed 10-16-78.)

1258.20 BUILDING PERMITS; SHOPPING CENTER DEVELOPMENT.

   Following the approval of a final development plan of a shopping center, the Building Commissioner shall be so notified and building and other permits may be issued upon payment of the required fees.
(Ord. 1978-165. Passed 10-16-78.)

1258.21 AMENDMENTS TO FINAL DEVELOPMENT PLAN; SHOPPING CENTER DEVELOPMENT.

   If the developer of a planned shopping center in any Shopping Center District wishes to make any change, alteration, amendment or extension to any approved final development plan, he shall submit such request to the Planning Commission. If, in the opinion of the Commission, the requested change is in substantial compliance with the final development plan, the Commission shall approve such change and notify the Building Commissioner who shall issue a building permit accordingly.
(Ord. 1978-165. Passed 10-16-78.)

1258.22 PROGRESSIVE DEVELOPMENT; SHOPPING CENTER DEVELOPMENT.

   A developer, having obtained approval of any final development plan of a shopping center, may accomplish the development in progressive stages as may be approved by the Planning Commission.
   If the development of a shopping center is to be carried out in progressive stages, each stage shall be so planned that the foregoing requirements and the intent of this Zoning Code shall be fully complied with at the completion of any stage. Each stage of development shall be reviewed and approved by the Planning Commission before a building permit can be issued.
(Ord. 1978-165. Passed 10-16-78.)

1258.23 CONSTRUCTION TIME LIMITATION; SHOPPING CENTER DEVELOPMENT.

   A building permit shall be secured and construction begun in accordance with the final development plan for a Shopping Center District within eighteen months from the date of approval of a final development plan as provided in Section 1258.19. Council may extend the time limit provided in this section for good cause.
(Ord. 1978-165. Passed 10-16-78.)

1258.24 PERFORMANCE BOND; SHOPPING CENTER DEVELOPMENT.

   A performance bond shall be required guaranteeing the completion of all public improvements required by the city before a building permit may be issued. The scope of such improvements and the amount of such bond shall be determined by the City Engineer.
(Ord. 1978-165. Passed 10-16-78.)

1258.25 BUSINESS AREA PLANS.

   In order to implement the Comprehensive Plan and supplement the regulations and criteria of the Zoning Code, the Planning Commission may prepare area plans for the construction, completion or rehabilitation of any business area or for coordinating the proposed development with surrounding areas. Such designs may include, but are not limited to, the Planning Commission's recommendations on the use, location, bulk and general design of buildings; the relationship of buildings to each other and to yards and other open spaces; the location and width of streets and pavements; the location, width and control of accessways to major streets and to parking and loading areas; and pedestrian ways, paved areas, landscaped planting, exterior lighting, signs, street furniture and other exterior and landscape features.
   Such area plans shall be developed in accordance with the objectives of the Comprehensive Plan and criteria set forth in this chapter and any other applicable provisions of the Zoning Code. After such plans are duly adopted by the Planning Commission and Council, they shall be construed as being a part of this Zoning Code, and any new construction, addition to, or rebuilding of, such a business area, or parts thereof, shall be in substantial compliance therewith.
(Ord. 1978-165. Passed 10-16-78.)

1258.26 DEVELOPMENT PLANS; LOCAL AND GENERAL BUSINESS; MOTORIST SERVICE DISTRICTS.

   Site development plans shall be prepared by the developer for all proposed developments in any Local Business, General Business and Motorist Service District, which plans shall be submitted to the Planning Commission for review and approval .
   If the site development plan is found by the Commission to be in compliance with the requirements of the applicable district and all other applicable parts of this Zoning Code, it shall-approve such development plan within thirty days from the date of the meeting when all required plans and data had been received. If not found to be in compliance therewith, the Planning Commission may recommend revisions to be made by the developer.
   After Planning Commission approval, the developer may apply for a building permit which shall be issued by the Building Commissioner if the building plans are found to comply with the Building Code of the City.
(Ord. 1978-165. Passed 10-16-78.)

1258.27 SIGN REGULATIONS. (REPEALED)

   (EDITOR’S NOTE: Former Section 1258.27 was repealed by Ordinance 2009-155, passed November 16, 2009.)

1258.28 PARKING.

   Parking in any Business District shall be in accordance with the regulations set forth in Chapter 1270 of this Zoning Code.
(Ord. 1978-165. Passed 10-16-78.)