[R.O. 2012 §405.365; Ord. No. 4160, 12-18-2017]
A. This
district is intended for retail sale of convenience goods or personal
services primarily for persons residing in adjacent residential areas.
Because the retail and personal services uses permitted may be an
integral part of the neighborhood, closely associated with the residential,
religious, recreational and educational uses in the neighborhood,
more restrictive requirements for light, air, open space, and landscaping
are established than are provided for in other business districts.
The district should be located on the periphery of residential neighborhoods
on a major local street in close proximity to the intersection of
two (2) collector streets.
B. Performance
Standards. To be a use in the Neighborhood Business District "B-3,"
whether as a permitted use, accessory use or as a conditional use,
such use must meet the following performance standards:
1. General. All business establishments shall be retail or service establishments
dealing directly with consumers. All goods produced on the premises
shall be sold at retail on the premises where produced. No business
establishment shall offer goods or services directly to customers
waiting in parked motor vehicles, or sell beverages or food for consumption
on the premises in parked motor vehicles.
2. Physical Appearance. All operations shall be carried on within an
enclosed building except delivered materials or equipment in operable
condition may be stored in the open for no more than twenty-four (24)
hours. Normal daily wastes of an inorganic nature may be stored in
containers not in a building when such containers are covered and
not readily visible from the street.
Except as set forth above, all storage of materials, products
or equipment shall be within a fully enclosed building.
Maximum height of a fence or wall outside the buildable area
of a lot shall be six (6) feet. Uses with on-site trash or garbage
disposal shall be fenced to prevent the same from escaping from property.
Maximum gross floor area per use shall be two thousand four
hundred (2,400) square feet. A maximum of one (1) store or other use
may be housed in one (1) building.
3. Signs. No flashing lights or moving parts are permitted. The following
dimensional standards shall apply:
a. Freestanding Signs. One (1) freestanding sign allowed for each lot.
Total display area of both sides of all freestanding signs on a lot
shall not exceed one (1) square foot for each two (2) linear feet
of frontage.
b. Attached Or Suspended Signs. Total display area of all signs attached
to, suspended from, or painted on buildings shall not exceed ten percent
(10%) of the gross profile area of the wall to which they are attached.
No sign shall extend above the ridge of roof or beyond edge of wall,
nor project more than twelve (12) inches beyond the eaves of any building.
c. Directional Signs. Two (2) directional signs not to exceed one (1)
square foot each may be placed at each entrance or egress to property.
4. Lighting. Light fixtures shall not exceed twenty (20) feet in height.
Interior and exterior lighting fixtures shall be shaded whenever necessary
to avoid casting direct light upon any property located in a residential
district or upon any public street or park.
5. Fire Hazard. No operation shall involve the use of highly flammable
gases, acid, liquids, grinding processes or other hazardous processes.
Nothing in this Section is designed to prohibit the use of normal
heating fuels, motor fuels and welding gases when handled in accordance
with other City ordinances.
6. Noise. No operation shall be carried on which involves noise in excess
of the normal traffic noise of the adjacent street at the time of
the daily peak hour of traffic volume or seventy (70) decibels, whichever
is less. Noise shall be measured at the property line and when the
level of such noise cannot be determined by observation with the natural
senses, a suitable instrument may be used and measurement may include
breakdowns into a reasonable number of frequency ranges. All noises
shall be muffled so as not to be objectionable due to intermittence,
beat frequency or shrillness. Public address systems, amplified music
or other unnecessary sources of noise are not permitted outside of
buildings.
7. Sewage And Liquid Wastes. No operation shall be carried on which
involves the discharge into a sewer, water course or the ground of
liquid wastes of any radioactive nature, or liquid wastes of a chemical
nature which are detrimental to normal sewage plant operation or corrosive
and damaging to sewer pipes and installations.
8. Air Contaminants. Air contaminants and smoke shall be less dark than
designated Number One on the Ringleman Chart as published by the United
States Bureau of Mines. Light colored contaminants of such an opacity
as to obscure an observer's view to a degree equal to or greater than
the aforesaid shall not be permitted. Particulate matter of dust as
measured at the point of emission by any generally accepted method
shall not be emitted in excess of two-tenths (.2) grains per cubic
foot as corrected to a temperature of five hundred degrees Fahrenheit
(500° F.).
Due to the fact that the possibilities of air contamination
cannot reasonably be comprehensively covered in this Section, there
shall be applied the general rule that there shall not be discharged
from any sources whatsoever such quantities of air contaminants or
other material in such quantity as to cause injury, detriment, nuisance
or annoyance to any considerable number of persons or to the public
in general or to endanger the comfort, repose, health or safety of
any such considerable number of persons or to the public in general
or to cause or have a natural tendency to cause injury or damage to
business, vegetation or property.
9. Odor. The emissions of odors that are generally agreed to be obnoxious
to any considerable number of persons, shall be prohibited. Observations
of odor shall be made at the property line of the establishment causing
the odor. As a guide to classification of odor it shall be deemed
that strong odors of putrefaction and fermentation tend to be obnoxious
and that such odors as associated with baking or the roasting of nuts
and coffee shall not be considered obnoxious within the meaning of
this Article.
10. Gases. The gases sulphur dioxide and hydrogen sulfide shall not exceed
five (5) parts per million. All nitrous fumes shall not exceed one
(1) part per million. Measurements shall be taken at the property
line of the particular establishment involved.
11. Vibration. All machines including punch presses and stamping machines
shall be so mounted as to minimize vibration and in no case shall
such vibration exceed a displacement of three-thousandths (3/1,000)
of an inch measured at the property line. The use of steam or broad
hammers shall not be permitted in this district.
12. Glare And Heat. All glare, such as welding arcs and open furnaces,
shall be shielded so that they shall not be visible from the property
line. No heat from furnaces or processing equipment shall be sensed
at the property line to the extent of raising the temperature of air
or materials more than five degrees Fahrenheit (5° F.).
13. Residential Use. No structure shall be used for residential purposes
except that a watchman may reside on the premises.
14. Hours. Hours of operation shall not exceed 7:00 a.m. to 10:00 p.m.
15. Notwithstanding any requirement of Article
XIX of this code no "B-3" use shall have more than four (4) off-street parking spaces.
[R.O. 2012 §405.370]
The permitted uses in the "B-3" Neighborhood Business District
shall be as set out in Appendix A of this Title.
[R.O. 2012 §405.375]
The conditional uses in the "B-3" Neighborhood Business District
shall be as set out in Appendix A of this Title.
[R.O. 2012 §405.385]
The maximum height of all buildings shall be thirty (30) feet,
or two (2) stories, whichever is lesser.
[R.O. 2012 §405.390]
All activities and uses permitted in this district shall not
exceed six thousand (6,000) square feet in gross floor area for any
premises.
[R.O. 2012 §405.395]
Every building hereinafter erected shall be on a lot having
an area of not less than seven thousand five hundred (7,500) square
feet and a width at the established building line of not less than
seventy-five (75) feet.
[R.O. 2012 §405.405]
Supplemental regulations shall be as permitted in Article
XVI of this Chapter.
[R.O. 2012 §405.410]
Signs shall be as permitted in Article
XVIII of this Chapter.
[R.O. 2012 §405.415]
Off-street parking and loading facilities shall be provided as required in Article
XIX of this Chapter.