The central business district (CBD) is established for the purpose of accommodating the highest concentration of retail and service establishments. Collectively, the uses permitted in this district are intended to provide a convenient and attractive retail and service center for the community, its rural trade area, and the city's tourist traffic. A prime characteristic of this district is the offering of a variety of goods and comparison shopping opportunities directed primarily at the pedestrian shopper. This district is designed and intended to promote the development of a pedestrian oriented and accessible, central commercial service district where a variety of mutually supporting retail, commercial, office, civic and limited residential uses are permitted. Each use shall be complementary to the stated function and purpose of the district and shall not have adverse impact upon adjacent street capacity and safety, utilities, and other city services. In an effort to encourage this type of character, and provide for the health, welfare and safety of the pedestrian in the area, drive-in and drive-through operations are excluded from this district.

The CBD is further designed and intended to:

A.

Encourage innovative, traditional and neo-traditional commercial and mixed use developments.

B.

Encourage a lively social environment and economically viable downtown with a wide variety of uses in a pedestrian-oriented setting, with shared parking.

C.

Extend greater opportunities for traditional community living, working, housing and recreation to all citizens, residents, and visitors of the city.

D.

Encourage a more efficient use of land and public services, and to reflect changes in technology of land development by directing new development in a traditional, compact, and consolidated pattern of mixed use and varied commercial styles.

E.

Reduce the excessive sprawl of development and the segregation of land uses that cause unnecessary traffic congestion.

F.

Prohibit the development of drive-in and drive-through facilities, which contributes to traffic congestion and poses a threat to the pedestrian environment.

G.

Discourage the development of separate off-street parking facilities for each individual use, and to encourage the development of off-street parking facilities designed to accommodate the needs of several individual uses.

H.

Prohibit uses that do not deal directly with consumers and are disruptive to pedestrian activities.

I.

Promote the creation of urban places which are oriented to the pedestrian thereby promoting citizen security and social interaction.

J.

Promote developments where the physical, visual and spatial characteristics are established and reinforced through the consistent use of compatible urban design and architectural design elements which improves the visual character of the downtown. Such elements shall relate to the design characteristics of an individual structure or development, to other existing and planned structures or developments in a harmonious manner, resulting in coherent overall design and development patterns for the downtown.

K.

Prohibit commercial and business uses that create objectionable noise, glare, odors, or other nuisances.

L.

Encourage development of an urban Main Street with mixed land uses, shared parking, and continuous frontage which not only serves the needs of the immediate neighborhood, but also the city and surrounding areas as a whole.

(Ord. of 2-12-2019(3))

In the CBD, no use shall be permitted, unless otherwise provided in this ordinance, except for the following:

A.

Apartment buildings, up to a maximum of eight units per building.

B.

Art galleries.

C.

Bus passenger stations.

D.

Business schools and colleges.

E.

Business establishments which perform services on premises such as, but not limited to: banks, savings and loans and credit unions (excluding drive-through branches and drive-through lanes); brokerage houses; insurance, real estate, and travel agencies; pedestrian-oriented automated teller machine facilities.

F.

Churches, temples, and similar places of worship, limited to a capacity of 500 worshipers.

G.

Clubs, fraternal organizations, and lodge halls.

H.

Dry cleaning establishments, or pick-up stations, dealing directly with the consumer, limited to 2,000 square feet of floor area. Central dry cleaning plants serving more than two retail outlets shall be prohibited.

I.

Essential public services, telephone exchanges, public utility offices, substations and uses when conducted within a completely enclosed building, excluding storage yards, provided the use and building are consistent with the appearance and character of the downtown as determined by the planning commission.

J.

Hotels, motels, bed and breakfast inns, and bed and breakfast houses.

K.

Laundromats (self-service or coin-operated).

L.

Medical offices including offices of doctors, dentists and similar or allied professions, with up to 10,000 square feet gross floor area.

M.

Mixed-use buildings, with residential and all principle permitted uses as specified by this section subject to the following conditions: Residential units located on the first floor shall be located to the rear of the commercial uses, the units shall not have frontage on any adjacent street and shall be provided a separate, private pedestrian entranceway.

N.

Newspaper offices and publishers, and commercial printers.

O.

Nursery schools, day nurseries, and child care centers, provided that:

1.

There is provided and maintained a minimum of 150 square feet of indoor and/or outdoor play area per child and provided that such total area shall not be less than 5,000 square feet. The planning commission may waive these requirements if it determines there is adequate indoor play area, or if there is a public park or playground within the immediate area which can be safely accessed by those children attending such use.

2.

Such use shall be fenced and screened from any adjoining lot if an on-site outdoor play area.

3.

Adequate ingress and egress, and parking and circulation, as determined by the planning commission, shall be provided.

4.

Such use shall not be located within 500 feet, or further if determined necessary by the planning commission, from those uses the planning commission determines to be incompatible or would present a danger to the health, safety and welfare to the children attending such use.

P.

Offices of an executive, administrative or professional nature, with up to 10,000 square feet gross floor area.

Q.

Outdoor cafes, outdoor eating areas, carry-out, and open front restaurants, subject to the following site design standards:

1.

Outdoor cafes may be permitted within the boundaries of a parcel or lot, on a building roof top, or as part of a patio or deck.

2.

The outdoor cafe must be kept clean, litter-free, and with a well-kept appearance within and immediately adjacent to the area of the tables and chairs. Additional outdoor waste receptacles may be required.

3.

Tables, chairs, planters, waste receptacles, and other elements of street furniture shall be compatible with the architectural character of the adjacent buildings. If table umbrellas will be used, they shall complement building colors.

4.

Other additional signs are not permitted beyond those permitted for the existing restaurant.

R.

Outdoor theaters (excluding drive-in theaters), plazas, parks, and public gathering places.

S.

Personal service establishments within a completely enclosed building, provided that each occupies a total usable floor area of not more than 4,000 square feet, including, but not limited to, such uses as: repair shops (watches, radio, television, shoes, etc.), tailor and dressmaking shops, beauty parlors and styling salons, barber shops, photographic studios, film processing outlets, copy centers, interior decorators, and postal centers.

T.

Public, quasi-public, and institutional uses such as, but not limited to, municipal buildings and offices, court houses, public off-street parking facilities, libraries, museums, public safety facilities, parks and playgrounds, post offices, and civic centers, but excluding storage yards.

U.

Retail businesses which supply commodities on the premise of up to 20,000 square feet of gross floor area, such as but not limited to: groceries, meats, fruits and produce, dairy products, baked goods, candies, wine (specialty wine shops only) and other specialty food products (such products can be produced on the premises as an accessory use provided they are sold on the site at retail prices); and stores selling drugs, dry goods, flowers, clothing, notions, books and magazines, toys, sporting goods, shoes, tobacco products, musical instruments, recorded music, video rentals and sales, gifts and souvenirs, antiques, furniture, and hardware.

V.

Retail sales in which both a workshop and retail outlet or showroom are required, such as plumbing, electrician, interior decorating, upholstering, printing, photographic-reproducing, radio, and home appliance and similar establishments of similar character subject to the provision that not more than 80 percent of the total useable floor area of the establishment shall be used for servicing, repairing, or processing activities and further provided that such retail outlet or showroom activities area shall be provided in that portion of the building where the customer entrance is located.

W.

Restaurants (excluding drive-in restaurants and those with drive-through facilities), taverns (pubs), and brewpubs where the patrons are served while seated within the building occupied by such establishment.

X.

Single-family detached dwellings, provided all requirements for the traditional residential district (TRD) are met, except as required in this article herein. The minimum distance between buildings shall be ten feet. Front building setbacks shall equal the average setback line of the block, as determined by the planning commission, or ten feet. Building setback to any side property line where adjacent to non-residential property shall be 15 feet. Driveways, parking and walls may be within a side or rear setback.

Y.

Studios for art, music, dance, or theatrical instruction.

Z.

Theaters, assembly halls, community centers, or similar places of assembly when conducted completely within enclosed buildings.

AA.

Veterinary clinics and animal grooming, provided all activities are conducted within an enclosed building, with up to 10,000 square feet gross floor area.

BB.

Accessory buildings and uses customarily incidental to the above permitted uses (i.e., entertainment facilities).

CC.

Group day care home shall have a fenced outdoor play area of at least 1,200 square feet located behind the front building line of the home.

(Ord. of 2-12-2019(3); Ord. of 1-14-2020, § 4)

In the CBD, the following uses shall be considered conditional and require a conditional use permit. Such uses may be permitted subject to applicable site design standards hereinafter imposed and subject further to the conditional use approval procedures of section 2.70, Conditional Uses in Districts:

A.

Automobile, truck, motorcycle, trailer, recreational vehicle or boat dealerships, either new or used, with customary accessory uses such as, but not limited to, engine, chassis and body repair, painting, car rental, etc. The planning commission may permit outdoor storage for such uses provided it determines the design, placement, and screening of such outdoor storage (not including display of merchandise) meets or exceeds the intent and purposes of this article.

B.

Bars and cocktail lounges (night clubs), provided no outdoor cafe, outdoor eating area, carry-out, or open front area shall be permitted. The planning commission may waive this requirement, and the 30 percent floor area limitation on bar areas for existing buildings, only if a full-service menu is provided for the on-site consumption of food, and the planning commission determines that the use is more characteristic of a tavern (pub) than a cocktail lounge (night club).

C.

Commercial parking lots and structures.

D.

Indoor recreational centers, including the following: bowling alleys, roller and ice skating rinks, pool or billiard halls, pinball and mechanical amusement device arcades, and other general indoor recreation facilities.

E.

Lumber yards and building supplies. The planning commission may permit outdoor storage for such uses provided it determines the design, placement, and screening of such outdoor storage meets or exceeds the intent and purposes of this article.

F.

Funeral homes.

G.

Open air business uses (as defined in section 1.40), unless otherwise permitted in herein.

H.

Party stores.

I.

Public utility transformer stations, substations, and natural gas regulator stations without service or storage yards, subject to the following: A front yard setback of not less than 50 feet shall be provided (irrespective of the yard requirements of the CBD) and two side yards and a rear yard shall be provided, each shall not be less than 25 feet in width. The previously mentioned conditional uses shall be screened by either decorative or ornamental masonry wall of at least six feet in height, or a berm, buffer strip, or green belt, as defined in article XXIII of this ordinance, or a combination of a wall and a berm, buffer strip, or greenbelt.

J.

Senior housing and housing for the elderly.

K.

Outdoor displays of merchandise in the public right-of-way subject to the following:

1.

All merchandise shall be limited to that normally sold by the business.

2.

Merchandise displayed shall abut the building and occupy not more than 75 percent of the width of the store front for displays of goods.

3.

Displays of merchandise shall not exceed four feet in height.

4.

Merchandise shall not be displayed beyond the hours of operation of the business and must be removed completely from the right-of-way at the end of the business day.

5.

There shall be no off-premises advertising used in connection with any outdoor display of merchandise.

6.

Merchandise shall be for display only and not in a state of operation.

7.

Merchandise shall not have sharp edges, open flames, barbed wire or otherwise represent a health or safety hazard to customers or pedestrians.

8.

No outdoor display shall cause damage including discoloration to the sidewalk, street trees, planters, street furniture, or other public structure.

9.

No public right-of-way may be used for display of merchandise on July 4.

10.

The party responsible for the outdoor display shall provide evidence of insurance coverage naming the city as an additional insured party in an amount acceptable to the city.

L.

Other uses not specifically stated or implied elsewhere which, in the determination of the planning commission, are similar to the principal permitted uses provided herein, and are in harmony with the character of the downtown, this article, and the purpose and intent of the comprehensive plan of the city.

(Ord. of 2-12-2019(3))

Uses permitted in the general commercial district (GCD), regional commercial/industrial district (RC/ID), or any other zoning districts, unless incorporated in this article herein specifically or by reference, are neither principal permitted uses nor conditional uses in the CBD.

(Ord. of 2-12-2019(3))

Buildings in the CBD should possess architectural variety, but must enhance the overall cohesiveness of the downtown's character and appearance as determined by the planning commission. Building heights, story levels, window sizes and proportions, architectural features, and building materials must remain consistent with those of existing or adjacent buildings within the downtown.

Except as otherwise noted, buildings and uses in the CBD shall comply with the following requirements:

A.

Development plan. Development plan approval for all uses as specified in article XIX of this ordinance. The planning commission may also request a preliminary or conceptual review by the downtown development authority or its architectural review committee for development plans within the CBD.

B.

Building placement. Buildings shall be built at lot lines with no setbacks, or the average setback of other buildings on the block as determined by the planning commission. The commission may require greater setbacks if such space, in their determination, is needed for off-street parking or other requirements.

C.

Building height. New buildings must contain at least two stories if the building is proposed for a corner lot or is adjacent to a multiple story building, unless the planning commission determines requiring a second story will not significantly enhance the character and appearance of the downtown.

D.

Building mass. Buildings located at gateways entering the CBD central business district shall mark the transition into and out of the downtown in a distinct fashion, using massing, additional height, contrasting materials and architectural embellishments to obtain this effect. Buildings on corner lots shall be considered more significant structures, since they have at least two front facades visibly exposed to the street. The planning commission may require additional height and architectural embellishments, such as corner towers, relating to their location.

E.

Facade design. All visible building facades from public right-of-way or public land shall conform with the following design criteria:

1.

Architectural features. Building facades greater than 33 feet in length shall contain architectural features, details and ornaments that are consistent with predominating architectural styles found within the downtown such as: arches; roof cornices; contrasting bases; contrasting masonry courses, or molding; pilasters or columns; corbeling; contrasting bands or color; stone or ceramic accent tiles; colonnades; or porches. Elements such as wall clocks, decorative light fixtures, and door or window canopies are recommended. Blank, windowless walls are prohibited.

All non-residential buildings must have interior downspout and gutter systems; exterior downspouts and gutters are not permitted for non-residential buildings, except for those originally constructed for single-family residential purposes.

2.

Fenestration. All facades visible from the street must contain glazed glass windows. Windows shall be recessed and include visually obvious sills. Spaces between windows shall be formed by columns, mullions, or material found elsewhere on the facade. Clear window glass is recommended; green, blue, bronze, or smoke tints are permitted. Window shapes shall be rectangular, square, or palladian (mostly rectangular with semi-circular top).

a.

Glazing on the first floor shall occupy a minimum 60 percent and a maximum of 70 percent of the facade. No glazing on first floor shall be placed less than two feet six inches above the sidewalk. No glazing on the first floor shall be placed more than eight feet above sidewalk.

b.

Glazing on the second or higher floors shall be a minimum 30 percent and a maximum of 60 percent of the facade.

Vertical window orientation shall have a width-to-height ratio of at least one to two, and shall be consistent with adjacent buildings. Horizontal windows with a width-to-height ratio of between one to one and four to one may be permitted by the planning commission if they determine such window orientation is consistent with the appearance and character of the downtown.

Shutters, if used, shall be mounted on either side of a window shall be equal to one-half of the width and one times the height.

3.

Building materials. Building materials must be consistent with the surrounding neighborhood character, as determined by the planning commission. Building materials on the front facade or any facade visible from a public right-of-way must be primarily of natural materials conveying permanence, as determined by the planning commission. Each front facade, any facade visible from a public right-of-way, and any facade with a dedicated public entrance into the building should contain at least 60 percent of the recommended materials listed below, excluding window areas.

a.

Recommended materials. Brick; stone; wood; concrete slab (poured-in-place, tilt-up construction).

b.

Acceptable materials. Split face, scored, or ground face block; beveled wood siding (lap, board and batter, shake); exterior finish insulation systems (EIFS).

c.

Discouraged materials. Smooth face block; vinyl siding; metal siding (standing seam panels, aluminum siding); clear and reflective glass; T-111 and other wood panel siding which resembles any other discouraged material.

Acceptable or discouraged materials, or similar synthetic or highly-reflective materials should not be used except for decorative or accent features only. Exterior insulation finish systems (EIFS) may be used for decorative or accent features, and may also be a primary facade material provided it is placed at a height of 12 feet or greater and provided it is no more than 20 percent of the total facade area, excluding window areas.

4.

Exterior colors. Exterior colors shall be compatible with the colors on adjacent buildings, subject to review and approval by the planning commission. The following natural colors are encouraged for the main portions of building facades and roof forms: neutral earth tones (sand to brown); shades of gray; traditional colors (e.g., brick red, forest green, navy blue); light, subdued hues (e.g., salmon); or white. Contrasting, accent colors which are compatible with the primary colors listed above are encouraged for trim, accent, and other decorative architectural features. The use of bright or fluorescent colors (e.g., purple, orange, pink, lime, yellow) is discouraged. Colors should be natural to the material or pigmented, and not painted on the material whenever possible.

Proposed colors shall be specified on the development plan. Samples of building materials and colors are required at the time of development plan review for review and approval of the planning commission. Development plan reviews may be postponed for lack of building samples.

F.

Side or rear facade design. All sides of a building shall be similar in design, detail, and material to present a cohesive appearance to neighboring properties. Wherever a side or rear facade is visible from a public right-of-way, or if parking is located at the side or rear of a building, the facade shall be designed to create a pleasing appearance, in accordance with the following design criteria:

1.

Materials and architectural features similar to those present on the front of the building shall be used on the side or rear facade. All visibly exposed sides of a building shall have an articulated base course and cornice. The base course shall align with either the kickplate or sill level of the first floor. The cornice shall terminate or cap the top of a building wall, and may project out horizontally from the vertical building wall plane and may be ornamented with moldings, brackets and other details. The middle section of a building may be horizontally divided at floor, lintel, or sill levels with belt or string courses.

2.

Waste receptacle and service areas shall be completely screened with a decorative masonry wall or some other acceptable form of screening as approved by the planning commission.

3.

Open areas shall be landscaped with lawn, ground cover, ornamental shrubs and trees. On every site involving new development or redevelopment, foundation plantings adjacent to the building shall be provided. The species and design shall meet the requirements of article XXIII, Landscaping Requirements.

G.

Building entrances. All buildings shall have at least one primary public entrance that faces a public street unless a building does not face a public street and/or right-of-way. Rear entrances are permitted, only if there is a primary entrance from a public street. Main entrances to buildings shall incorporate devises such as canopies, recessed entrance ways, larger door openings and display windows, accent colors, and architectural details such as tile work, moldings, and distinctive door pulls.

1.

Doors. Doors measuring seven and eight feet high are highly recommended. Doors measuring six feet eight inches high shall have a glass transom with a minimum height of 12 inches.

H.

Rooflines. Rooflines shall be consistent with adjacent buildings and the surrounding neighborhood character as determined by the planning commission. Flat roofs shall be used in the CBD. Distinctively shaped roof forms, detailed parapets, and exaggerated cornice lines shall be incorporated into rooflines along building facades greater than 33 feet. Mansard, mock mansard, or barrel roofs are prohibited.

Pitched roof forms (gable, hip, shed) with overhanging eaves and between four inches of vertical rise to 12 inches of horizontal run and 12 inches of vertical rise to 12 inches of horizontal run may be used within the CBD if similar rooflines are used on adjacent buildings, or if the planning commission determines such a roof will be consistent with the appearance and character of the downtown.

I.

Lighting. Exterior lighting must be placed and shielded so as to direct the light onto the site and away from adjoining properties. The lighting source shall not be directly visible from adjoining properties. Floodlights, wall pack units, other types of unshielded lights, and lights where the lens is visible outside of the light fixture shall be prohibited, except where historic-style lighting is used that is compatible with existing historic-style lamps approved by the planning commission.

1.

Sidewalks and parking areas shall be properly lit to facilitate the safe movement of pedestrians and vehicles and provide a secure environment. In parking areas, the light intensity shall average a minimum of one foot candle, measured five feet above the surface. Parking lot lighting shall be consistent and/or similar with other fixtures used throughout the downtown, as determined by the planning commission, and no greater than 24 feet. In pedestrian areas, the light intensity shall average a minimum of two foot candles, measured five feet above the surface.

J.

Canopies and awnings. Canopies and awnings shall be permitted on buildings as follows:

1.

All awnings must be made from canvass fabric or similar water-proofed material, rather than metal, aluminum, plastic, vinyl, or rigid fiberglass.

2.

All awnings shall be attached directly to the building, rather than supported by columns or poles.

3.

In buildings with multiple storefronts, compatible awnings shall be used as a means of unifying the structure.

K.

Signs. Signs for all uses shall be permitted as specified in the Boyne City Sign Ordinance.

L.

Mechanical equipment. All units and appliances for air conditioning, HVAC systems, exhaust pipes or stacks, elevator housing and satellite dishes or other telecommunications receiving devices shall be thoroughly screened from view from the public right-of-way and from adjacent properties, by using walls, fences, roofline elements, penthouse-type screening devices or landscaping.

Fire escapes shall not be permitted on a building's front facade. In buildings requiring a second means of egress pursuant to the local building codes, internal stairs or other routes of egress shall be used.

Solid metal security gates or solid roll-down metal windows shall be prohibited. Link or grill type security devices shall be permitted only if installed from inside, within the window or door frames; or if installed on the outside, if the coil box is recessed and concealed behind the building wall. Security grills shall be recessed and concealed during normal business hours. Models which provide a sense of transparency by colors, are encouraged. Other security devices fastened to the exterior walls are prohibited.

M.

Parking and loading. The planning commission shall determine if the number of off-street parking and loading/unloading spaces required per article XXIV of this ordinance shall be met, or if a lesser number spaces or no spaces are required due to the following: the availability of on-street parking spaces, off-site parking lots, or municipal parking lots; a finding that patrons will either walk to the site from nearby neighborhoods, or will park at other sites and visit several uses at one time; or the placement and configuration of existing buildings. If required, parking lot design shall comply with the standards below, in addition to the provisions of article XXIV.

1.

No new parking lot shall be created nor any existing parking lot expanded in front of a building. If the planning commission determines that a new parking lot must be created or an existing parking lot must be expanded the parking lot shall be located to the rear of buildings on the interior of the lots, accessed by means of common driveways, preferably from side streets or lanes. Such parking lots shall be small in scale where possible, and interconnected with commercial parking lots on adjacent properties. Cross-access easements for adjacent lots with interconnected parking lots shall be required, in language acceptable to the city attorney. Common, shared parking facilities are encouraged, wherever possible.

2.

Parking located on the side of a building shall be screened from the road with either: a 36-inch decorative masonry or stone wall; a 48-inch ornamental fence; or a 36-inch evergreen hedge in accordance with article XXIII of this ordinance.

3.

In order to maximize the amount of land area left for landscaping and open space, paving shall be confined to the minimum area necessary to comply with the parking requirements of article XXIV of this ordinance.

4.

Parking lot layout shall take into consideration pedestrian circulation; pedestrian crosswalks shall be provided, where necessary and appropriate, and shall be integrated into the pedestrian network system. Pavement textures shall be required on pedestrian access ways, and strongly encouraged elsewhere in the parking lot, as surfacing materials, or when used as accents.

5.

For uses, which because of the density of development and the existing zoning regulations in the CBD, cannot provide additional parking, a parking improvement fund (PIF) is hereby established. The creation of additional commercial floor space or accessory residential floor space or, in the judgment of the city, a change in use which requires additional parking, shall require the provision of parking in accordance with article XXIV of this ordinance; provided that the planning commission and the city commission may waive all or part of the requirement, provided that the application and/or property owner pays into the PIF a fee as established by the city commission. The payments into the PIF shall be used for public parking in the CBD. The parking spaces constructed with the PIF shall be unreserved and available to the public. Existing parking spaces on site shall be assigned to existing uses and may not be assigned to newly created floor space or uses, unless sufficient parking spaces are provided on site which meet the requirements of existing floor space and/or uses. Nothing within this section shall preclude a property owner, who has property within the CBD from building to the limits of his/her property as allowed by this ordinance. In exchange for permission to build to the limits of the property, the owner must contribute to the PIF on a per space basis, since the PIF will have the responsibility of making up the lost spaces.

6.

Off-street parking spaces under private ownership existing on the date of adoption of this zoning ordinance shall not be converted to another use without the review and approval of the planning commission in accordance with the development plan standards of article XIX of this ordinance.

N.

Service access. A service alley or designated loading space shall be reserved at the rear of the building. Loading from secondary streets may be permitted by the planning commission upon demonstration by the applicant that through traffic flow and access to neighboring uses will not be disrupted.

O.

Landscaping. Landscaping shall comply with the provisions of article XXIII of this ordinance, in addition to the standards below:

1.

On every site involving new development or redevelopment, street trees with a minimum caliper of two and one-half inches shall be provided at 25-foot intervals. Any of the following street trees with a minimum caliper of two and one-half inches shall be planted within the road right-of-way at 25-foot intervals: Red Maple, Green Ash, Bradford Pear, or Little Leaf Linden, White Ash, or Honey Locust, subject to review and approval by the planning commission.

2.

On every site involving new development or redevelopment, a landscape plan shall be submitted for review and approval. The landscape design shall compliment the character of the downtown.

3.

Lots for apartment and non-residential uses shall balance the functional requirements of parking with the provision of pedestrian amenities. Transition areas between parking and civic, commercial or residential uses shall be designed with textured paving, landscaping and street furniture.

P.

Screening. Where a new or expanded use occurs in this district, after the effective date of this zoning ordinance, which new or expanded use abuts directly upon a residential district, protective screening shall be provided in accordance with the following standards:

1.

A landscaped berm, buffer strip, or greenbelt meeting the requirements of article XXIII of this ordinance shall be provided and maintained along the entire length of a contiguous, single-family residential district. In addition, such sites shall be screened from such contiguous, single-family residential district by either a building housing a permitted use or by a solid masonry wall, ornamental on both sides, and not less than six feet in height above grade, between the required greenbelt area and the use. Such walls shall be constructed of the same materials as that of the main or principal building, and be faced with either brick, decorative block, or pre-cast concrete formed into a decorative pattern and painted in the same color scheme as that of the principal building.

If, in the opinion of the planning commission, the greenbelt would serve no good purpose, the planning commission may waive such requirement and provide only the wall between the contiguous, single-family residential district and the site.

When vehicles, open air displays, waste receptacles, or other features generally exceed a six-foot height, the wall shall be increased to a height adequate to completely screen such features not exceeding ten feet. All such walls shall be of uniform height around the premises and the design of such wall shall be first approved by the planning commission.

2.

Where required walls are provided on the business side of public alleys, wall requirements may be waived to provide necessary entrance to or exit from required off-street parking and loading areas, provided the parking area is in mid-block with no possibility for street ingress or egress, and provided, further, that such opening, if approved by the police department, and the planning commission, shall be stepped down to a three-foot level for a minimum of ten feet on each side of the opening.

Q.

Courtyards and plazas. Exterior public and semi-public spaces, such as courtyards or plazas, shall be designed for function, enhance surrounding buildings, and provide amenities for users in the form of textured paving, landscaping, lighting, trees, benches, trash receptacles and other items of street furniture, as appropriate. Courtyards shall have recognizable edges defined on at least three sides by buildings, walls, elements of landscaping, and elements of street furniture, in order to create a strong sense of enclosure.

R.

Utilities. All public and semi-public utilities and services, including but not limited to electricity, telephone, cable television, and others, shall be placed underground.

S.

Enclosed buildings. Within the CBD, all activities, unless specifically provided for herein, shall be conducted entirely within an enclosed building.

(Ord. of 2-12-2019(3))