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Article 18

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Zoning Articles
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Effective April 19, 2002

 

ARTICLE 18 - “B-1" NEIGHBORHOOD BUSINESS DISTRICT 

PREAMBLE

This district has been established to provide for relatively small office, business, and service establishments which may be placed in a residential or rural area to serve primarily nearby residents.  This district is also intended to provide appropriate zoning requirements for land recommended for local business uses in the Township’s Comprehensive Plan. 

SECTION 1801          PRINCIPAL PERMITTED USES 

A. Baked goods shop, retail only. 

B. Barber and beauty shops. 

C. Candy and ice cream stores. 

D. Pickup stations for dry cleaning and laundry. 

E. Dry cleaning and laundromats of the self-service type. 

F. Grocery and delicatessen stores, excluding supermarkets. 

G. Nursery, adult care, and child care centers. 

SECTION 1802          ACCESSORY USES 

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 upon the completion or abandonment of the construction work. 

C. Signs as regulated by Article 41 of this Resolution.

SECTION 1803          REQUIRED CONDITIONS 

No zoning certificates shall be issued for a “B-1" use until the applicant shall have certified to the Zoning Administrator that: 

A. The business activity is open to the public only between the hours of 6:00 A.M. and 11:00 P.M. 

B. The business activity shall be conducted wholly within a completely enclosed building. 

C. The business establishment shall not offer goods, services, food, beverages or make sales directly to customers in automobiles, except for drive-in windows for pickup or delivery and which will be provided with adequate driveway space on the premises for waiting vehicles. 

D. All business shall be of retail or service character. 

E. 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. 

F. 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 spaces, the grounds shall be planted and landscaped. 

G. Where the property lines separate a Business District from a residentially used property, or portion thereof, a visual and mechanical barrier, a minimum of six (6) feet in height shall be provided along the common lot line, which may consist of any of the following: 

1. An evergreen hedge used with a chain link fence not less than three (3) feet in height. 

2. Masonry wall. 

3. Other materials and methods as approved by the Board of Zoning Appeals.

H. No noise from any operation conducted on the premises, either continuous or intermittent, shall violate the provision of Article 44 of this resolution. 

I. 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. 

J. The emission of smoke or other air pollutants shall not violate the standards and regulations of the Montgomery County Combined 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. 

K. 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. 

L. There will be no vibrations which can be detected without the use of instruments at or beyond the lot lines. 

M. Prohibited is the open storage of (but not limited to): junk, refuse, miscellaneous discarded items inoperative items, inoperative or unlicensed motor vehicles and recreational equipment, auto parts and accessories, or inoperative appliances. 

N. Maximum size of any building shall be 7,000 square feet. 

O. Exterior lighting shall be shaded and full cutoff fixtures used wherever necessary to avoid casting direct light upon any property zoned or used for residential purposes. 

Failure to comply with any of the Required Conditions by property owners or users will be considered a zoning violation appropriate for prosecution under the terms of this Resolution.

SECTION 1804          DEVELOPMENT STANDARDS 

In addition to the provisions of Chapters VIII and IX, General Regulations and Special Regulations, the following standards for arrangement and development of land and buildings are required in the “B-1" Neighborhood Business District. 

       1804.01    HEIGHT REGULATIONS 

No structure shall exceed twenty-five (25) feet or two (2) stories, whichever is the greater. 

                   1804.02    LOT AREA, FRONTAGE AND YARD REQUIREMENTS 

The following minimum requirement shall be observed: 

Lot
Area
Lot
Frontage
Front Yard
* Depth
Side Yard
Least Width
Rear Yard
Depth
20,000
Sq. Ft.
100 Ft. 50 Ft. 15 Ft. 50 Ft.

                 1804.03      MAXIMUM LOT COVERAGE 

Thirty (30) percent of lot area. 

                 1804.04      MAXIMUM FLOOR AREA RATIO

0.35 

___________________

 * The front yard depth shall be measured from the established right-of-way lines as shown on the Official Thoroughfare Plan for Montgomery County. 

 
 

Last Modified: April 02, 2007                      Clay Township, 8207 Arlington Rd., Brookville, Ohio 45309