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Article 21

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Article 4
Article 5
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Article 18
Article 19
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Article 21
Article 23
Article 31
Article 35
Article 37
Article 41
Article 46

Zoning Articles
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Effective April 19, 2002

 

ARTICLE 21 - “B-4" OFFICE, BUSINESS, LIGHT INDUSTRIAL DISTRICT 

PREAMBLE 

This district is intended to provide for a mix of industrial, commercial, and office uses having a minimum impact upon the surrounding environment.  The uses allowed are intended to enhance employment opportunities in the industrial, manufacturing, and trade sectors with supporting business and professional office functions.  Retail uses are appropriate on a limited basis, and only as a secondary use within the district.  This district is also intended to provide appropriate zoning requirements for land recommended for Office/Business/Light Industrial uses in the Township’s Comprehensive Plan. 

SECTION 2101          PRINCIPAL PERMITTED USES 

A. Research and Development: uses which involve either some degree of product creation, testing, evaluation and development or the providing of testing and evaluation services for products produced by others.  However, this use does not include the actual manufacture, assembly, fabrication or other processing techniques which result in either the distribution or sale, either wholesale or retail, of products from the premises 

B. Assembly of mechanical and/or component parts. 

C. Machine shops and tool and die shops. 

D. Printing and publishing. 

E. Manufacturing, assembling or repairing of electrical and electronic products, components and equipment. 

F. Radio and television broadcasting studios. 

G. Publicly owned buildings and facilities. 

H. Financial institutions. 

I. Manufacturing or assembling of the following: 

  1. Medical, dental, optical and similar precision instruments.

  2. Musical instruments.

  3. Orthopedic or medical appliances.

  4. Toys

  5. Watches, clocks and clock operated devices.

  6. Small home appliances. 

J. Land development services (e.g., surveying, soils testing, mapping, architecture, engineers). 

K. Sales and repair of office equipment. 

L. Limousine service. 

M. Business and professional offices, including but not limited to finance, insurance, real estate, accounting and bookkeeping services, advertising services, photographic studios, computer and data processing services, correspondence and vocational schools, legal services, travel agencies, corporate offices and medical and dental offices. 

N. Retail trade.  Retail uses as a secondary use within any one building that has as its primary occupant an office, industrial or service use, but only to the extent that the floor area for all retail uses shall not exceed twenty-five percent (25%) of the floor area of the total building.  Although the intent of the zoning district is to allow retailing of items manufactured, fabricated or wholesaled on-site, additional retail uses may be allowed.  Such additional uses may include, but are not limited to: 

  1. Apparel and accessory stores.

  2. Bakeries.

  3. Camera and photographic equipment and supplies.

  4. Hobbies, games, toys.

  5. Jewelry, gifts and novelties.

  6. Luggage and leather goods.

  7. Mail order houses.

  8. Electronics.

  9. Seasonal holiday items.

  10. Sporting goods. 

O. Labor union meeting halls.

SECTION 2102          ACCESSORY USES 

Permitted accessory uses are as follows: 

A. Accessory buildings, as regulated by Article 37 of this Resolution. 

B. Any use or structure customarily accessory and incidental to any of the permitted uses, as regulated by Article 37 of this Resolution. 

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

SECTION 2103          CONDITIONALLY PERMITTED USES 

The following conditional uses are subject to approval in accordance with Article 4, Section 406 of this Resolution. 

A. Day care/nurseries. 

B. Self-service storage facilities. 

C. Contractor and trade services (e.g., general contractor, electrician, plumbers, heating and air-conditioning, landscape services, exterminators, equipment tool rental). 

D. Building materials sales and lumber yards. 

E. Hotels and motels. 

F. Warehouses which have a maximum lot coverage of seventy-five percent (75%) and a maximum floor area ratio of 0.75. 

G. Wholesale houses and storage facilities. 

H. Buildings of over fifty thousand (50,000) sq. ft., but not exceeding seventy five thousand (75,000) sq. ft. 

SECTION 2104          REQUIRED CONDITIONS 

No zoning certificate shall be issued for an “B-4" District use until the applicant shall have certified to the Zoning Administrator that: 

A. The industrial activity will be conducted wholly within a completely enclosed building. 

B. No noise from any operation conducted on the premises, either continuous or intermittent, shall violate the provisions of Article 44 of this Resolution.

C.  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 industry involved shall be taken. 

D. 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, oiling or other acceptable means. 

E. 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. 

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

G.  Off-street parking and loading and/or unloading shall be provided in accordance with Article 43 of this Resolution. 

H. No outdoor storage of any material (usable or waste) shall be permitted in this zone except within enclosed container. 

I.  Exterior lighting shall be shaded and full cut-off fixtures used wherever necessary to avoid casting direct light upon property located in a Residential District or upon any public street. 

J. No building or structure shall be used for residential purposes on the premises. 

K. No raw materials shall be processed into any of the following basic products: metals of any kind, glass, plastic, textiles, leather or paper. 

L. 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. 

M. The handling of radioactive materials, the discharge of such materials into the air and water, and the disposal of radioactive wastes shall be in strict conformance with: 

1. The applicable regulations of the Nuclear Regulatory Commission. 

2. The applicable regulations of any instrumentality of the State of Ohio. 

                 2104.01      MINIMUM AREA REQUIREMENTS 

The minimum area requirements for the “B-4" District is five (5) acres. 

                 2104.02      MINIMUM LOT AREA AND WIDTH 

There shall be no minimum lot area for properties in the “B-4" District with a width of not less than one hundred (100) feet. 

                 2104.03      MINIMUM FRONT YARD SETBACK 

The minimum front yard setback for properties in the “B-4" District shall be fifty (50) feet. 

                 2104.04      MINIMUM SIDE YARD SETBACK 

The minimum side yard setback for properties in the “B-4" District shall not be less than the height of the principal building except when abutting residential uses, then the minimum side yard setback shall be fifty (50) feet. 

                 2104.05      MINIMUM REAR YARD SETBACK 

The minimum rear yard setback for properties in the “B-4" District shall not be less than the height of the principal building except when abutting residential uses, then the minimum rear yard setback shall be fifty (50) feet.

                 2104.06      MAXIMUM HEIGHT REGULATIONS 

The maximum height regulations for properties in the “B-4" District shall be as follows: 

A. No principal structure shall exceed forty (40) feet in height. 

B. No accessory structure shall exceed sixteen (16) feet in height, but in no case shall it exceed the height of the principal structure. 

SECTION 2105          OFF-STREET PARKING AND LOADING 

Off-street parking and loading shall be required as specified in Article 43 of this Resolution, Off-Street Parking and Loading. 

SECTION 2106          BUILDING DESIGN REQUIREMENTS 

A. Maximum size of any building shall be fifty thousand (50,000) square feet.  For buildings over 50,000 sq. ft., refer to Section 2103 (H). 

B. Minimum distance between buildings shall be seventy-five (75) feet if the gross square footage of any one building is fifty thousand (50,000) square feet or larger. 

C. A minimum of sixty-five percent (65%) of each side of the exterior of the building shall be full-sized standard brick or stone, excluding windows and doors.  The remaining thirty-five percent (35%) of the exterior finish materials shall not be concrete block.  Brick or stone must be earth tone and not painted material.  Samples of materials shall be submitted for approval.  Other building materials and colors may be submitted for consideration providing they are architecturally compatible with the surrounding neighborhood. 

D. Except when used on flat roofs that are not generally visible, roll roofing, build-up tar and gravel, metal roofing, plastic, or fiberglass, other than fiberglass reinforced asphalt shingles, roofing materials shall be prohibited. 

E. Reflective surfaces shall not be used in locations which may produce excessive reflections or glare.  Mirrored window glazing is not permitted.

F. Mechanical equipment, transformers, and other utility hardware shall be screened from public view with materials harmonious with the building or landscaping. 

G. Dumpsters must be enclosed by brick or stone on three sides and must be located to the side or behind the building. 

SECTION 2107          SIGN REQUIREMENTS 

The following standards are in addition to the requirements of Article 41 of this Resolution, Sign and Billboard Regulations.  Where there are conflicting regulations, the most restrictive shall apply: 

A. Signs shall be an integral design component of the building architecture, building materials, landscaping and overall site development. 

1. Attached signs shall be integrated with the primary physical features of the building and should not be incongruous to the building architecture. 

  1. Internally illuminated cabinet signs shall provide opaque backgrounds so that only the sign copy is illuminated, except where the background is colored to mute the amount of illumination or where the background is integral to the design of a corporate image or trademark

  2. Attachment devices that are visible shall be the same color as the surface upon which they are placed. 

2. Detached Signs: Freestanding signs shall, where feasible, incorporate design features associated with the buildings or structures and should constitute an architectural component of the overall development.

a. Sign structures shall be monument style with a base of stone or masonry construction with appropriate landscaping.

b. Exterior materials, finishes, and colors shall be in  harmony with or an upgrade to those of the buildings or structures on site. 

c. Internally illuminated signs shall provide an opaque background so that the sign copy is illuminated, except where the background is colored to mute the amount of illumination, or where the background is integral to the design of a corporate image or trademark. 

SECTION 2108          LANDSCAPING 

The following requirements are in addition to the requirements in Article 19 of this Resolution. 

A. A minimum of twenty percent (20%) of the net site shall be devoted to landscaping. 

B. A minimum of fifty percent (50%) of the required landscaping shall be in the parking area. 

C. Where the property lines separate a Business District from a Residential District and the business activity is being conducted at fifty (50) feet or less distance from the residential property line, a visual and mechanical barrier, a minimum of four (4) feet and a maximum of eight (8) feet in height shall be provided and maintained by the business concern along the common lot line if requested by one of the property owners or lessees.  This request may be made in writing to the Zoning Administrator within a twelve (12) month period after the establishment of or the intensification of the business activity.  The visual and mechanical barrier may consist of any of the following: 

1. An evergreen hedge or dense planting of evergreen shrubs at least four (4) feet thick and maintained in good condition.  Until the density shall be sufficient to prevent children and adults from passing through, the Board of Zoning Appeals may require wire fencing or other types of protection as a temporary measure. 

2. A masonry wall. 

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

 

 

Last Modified: November 26, 2007                      Clay Township, 8207 Arlington Rd., Brookville, Ohio 45309