Braham City Zoning Code

CENTRAL BUSINESS

DISTRICT CBD

§ 154.095 PURPOSE.

The Central Business District is designed and intended as a specialized district directed to serve the pedestrian in a compact central area for the city. The CBD District will provide for a high-density shopping and business environment, especially stressing the pedestrian function and interaction of people and businesses.

(Ord. 199, passed 2-7-2000)

§ 154.096 SPECIAL REQUIREMENTS.

Every use, unless expressly exempted by this subchapter or allowed by a conditional use permit, shall operate in its entirety within a completely enclosed structure; the exemption of a use from the requirement of enclosure will be indicated by the phrase “need not be enclosed”, appearing after any use exempted or, in the case of a permitted establishment, by the granting of a conditional use permit as provided in §§ 154.380 through 154.383.

(Ord. 199, passed 2-7-2000)

§ 154.097 PERMITTED USES.

The following are permitted uses:

(A) Antenna service/cable television/radio;

(B) Antique store;

(D) Appliance store, sales, and service;

(E) Arcade/game store;

(F) Art supply store;

(G) Art gallery;

(H) Artist studio or school;

(I) Auto parts and accessory sales;

(J) Bait shop;

(K) Bakery retail;

(L) Bank, including drive-in bank;

(M) Barbershop;

(N) Bars and taverns;

(O) Beauty shop;

(P) Blueprinting and photostating;

(Q) Bicycle sales, repair, and rental;

(R) Bookstore;

(S) Bowling alleys;

(T) Business machines store;

(U) Café;

(V) Camera and photographic supply store;

(W) Candy, ice cream, and confectionery store, in which all manufacturing is permitted only as an accessory use and is limited to 15% of the gross floor area of the use;

(X) Catalog and mail order house;

(Y) Caterer;

(Z) Clinics, dental or medical, physical therapy, and chiropractic, but not animal clinics or hospitals;

(AA) Clothing store;

(BB) Computer consultant, sales, furniture, graphics, imaging, programs, service and repair training, and distribution of used and new computers;

(CC) Dance studio;

(DD) Delicatessen store;

(EE) Department store, discount store, outlet store;

(FF) Dressmaking, seamstress;

(GG) Drugstore;

(HH) Duplication services, copying, mailing, electronic imaging retail;

(II) Flea market/farmer’s market;

(JJ) Floral sales;

(KK) Food locker plant renting only individual lockers for home customer storage of food, delivery of individual home orders, the cutting, packaging, and retail sale of meats or game, including the slaughtering or eviscerating thereof;

(LL) Furniture store and home furnishings;

(MM) Garden supplies store. Need not be enclosed, provided all unenclosed portions of the use are located on the rear one-half of the zoning lot;

(NN) Gift, novelty, or souvenir store;

(OO) Grocery store;

(PP) Hardware store;

(QQ) Health equipment store;

(RR) Interior decorator;

(SS) Jewelry store;

(TT) Laundromat;

(UU) Licensed massage parlor;

(VV) Liquor store (off-sale);

(WW) Locksmith;

(XX) Luggage store;

(YY) Meat market and processing, including slaughtering;

(ZZ) Music store, accessories, and studio;

(AAA) Newsstand;

(BBB) Office of any type;

(CCC) Optician;

(DDD) Optical goods;

(EEE) Paint and wallpaper store;

(FFF) Photographic studio or picture processing;

(GGG) Plumbing, heating, air conditioning repair, sales, service, and cleaning;

(HHH) Public buildings, city hall, library, fire hall, ambulance;

(III) Radio and television broadcasting (excluding transmitter);

(JJJ) Restaurants;

(KKK) Savings and loan association, state or federally chartered, including drive-in facilities;

(LLL) Second hand shops;

(MMM) School (private);

(NNN) Shoe repair shop;

(OOO) Sporting goods store;

(PPP) Stationery store;

(QQQ) Tailor;

(RRR) Telephone exchange;

(SSS) Theater, not including drive-in theater;

(TTT) Theatrical studio;

(UUU) Ticket agency;

(VVV) Toy store;

(WWW) Travel bureau or agency;

(XXX) Variety store; and

(YYY) Video store.

(Ord. 199, passed 2-7-2000; Ord. 208, passed 11-5-2001)

§ 154.098 CONDITIONAL USES.

The following uses may be permitted:

(A) Auction sales;

(B) Apartments;

(D) Public or quasi-public development;

(E) Restaurants, cocktail lounges, and other eating or drinking establishments which require additional parking spaces;

(F) Auto service station;

(G) Snowmobiles, ATVs, boats, autos, trucks, campers, motor homes, trailers; sales, repair, rental, and storage;

(H) Other residential and commercial uses determined by the Planning Commission to be of the same general character as identified permitted and conditional uses, and found not to be detrimental to the general public health and welfare; and

(I) Bed and breakfast inn, provided the following are adhered to:

(1) Off-street parking shall be provided in accordance with the parking requirements of §§ 154.295 through 154.307, or as amended. A minimum of one off-street parking space per guest room shall be provided in addition to the parking requirements for the zoning district in which the facility is located;

(2) Signs shall be in accordance with the sign requirements in §§ 154.320 through 154.333, or as amended, and meet the requirements for the zoning district that the business is located within. Identifying signs to be not more than four square feet in total, located on the building and consistent with the character of the building;

(3) The maximum of four units may be established in a structure;

(4) A bed and breakfast establishment shall show proof of inspection or proof of proper operating licenses by the state and/or county;

(5) All guest rooms shall be contained within the principal structure;

(6) Dining and other facilities shall not be open to the public, but shall be used exclusively by the residents and registered guests;

(7) The maximum stay for guests shall be 14 days within a 30-day period;

(8) The inn shall comply with all applicable laws, rules, and regulations governing its existence and operation, including, but not limited to, the State Building Code, the State Fire Code, and the State Health Code;

(9) A conditional use permit shall be terminated upon occurrence for the following:

(a) Non-compliance with these provisions;

(b) Transfer of ownership of the property from the owner/operator; and

(c) The creation of a condition which adversely affects the health, safety, or general welfare of the city or its residents.

(10) The owner or operator shall reside on the property, or submit a management plan for approval as part of the conditional use permit.

(Ord. 199, passed 2-7-2000)

§ 154.099 ACCESSORY USES.

The following are permitted accessory uses in the CBD District:

(A) Commercial or business buildings and structures for a use accessory to the principle use, but shall not exceed 30% of the gross floor area of the principle use;

(B) Off-street parking as regulated by §§ 154.295 through 154.307;

(D) Fencing, screening, and landscaping as permitted and regulated by § 154.254; and

(E) Off-street parking of truck tractor, semi trailers, or combination of, shall not be allowed in the Central Business District for more than seven days for any purpose other than delivery of goods or services to or from a business. On-street parking in the Central Business District shall be regulated by §§ 70.01 through 70.06, 70.20 through 70.25, and 70.99, or as amended.

(Ord. 199, passed 2-7-2000)

§ 154.100 MINIMUM LOT SIZE.

(A) All structures shall be located on a zoning lot having a minimum area of 6,000 square feet, and a minimum street frontage of 50 feet.

(B) All planned unit developments shall only be permitted on an area of at least one acre.

(Ord. 199, passed 2-7-2000)

§ 154.101 FRONT, SIDE, REAR YARD REQUIREMENTS.

No setbacks to be applied in the CBD District.

(Ord. 199, passed 2-7-2000)

§ 154.102 TRANSITIONAL YARD REQUIREMENTS.

In the CBD District, the minimum transitional yard requirements shall not be less than those specified below:

(A) Where a side lot coincides with a side or rear lot line in an adjacent residence district, a yard shall be provided along the side lot line. The yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent residential lot;

(B) Where a rear lot line coincides with a side lot line in an adjacent residence district, a yard shall be provided along the rear lot line. The yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent residential lot;

(C) Where a rear lot line coincides with a rear lot line in an adjacent residence district, a yard shall be provided along the rear lot line. The yard shall be not less than that which would be required for the rear yard for a residential use on the adjacent residential lot; and/or

(D) Where the extension of a front or side lot line coincides with a front lot line of an adjacent lot located in a residential district, a yard equal in depth to the minimum front yard required by this chapter on the adjacent residential lot shall be provided along the front or side lot lines.

(Ord. 199, passed 2-7-2000)

§ 154.103 MAXIMUM GROUND COVERAGE.

No maximum ground coverage requirements.

(Ord. 199, passed 2-7-2000)

§ 154.104 MAXIMUM BUILDING HEIGHTS.

Building heights permitted are two and one-half stories, but not exceeding 35 feet, shall be permitted.

(Ord. 199, passed 2-7-2000)

§ 154.105 BUILDING DESIGN, CONSTRUCTION STANDARDS.

(A) General.

(1) On all walls that face a public street, at least 25% of the entire exterior wall surface, but not less than three feet of the entire exterior wall surface measured from the ground up, shall be constructed of one of the following materials:

(a) Face brick;

(b) Rock face block;

(d) Natural stone;

(e) Glass;

(f) Masonry stucco;

(g) Synthetic stucco; and/or

(h) Other comparable or superior material as approved by the Zoning Administrator.

(2) Buildings may be constructed of primarily one of the materials listed in divisions (A)(1)(a) through (A)(1)(g) if the design exceeds the intent of the design and construction standards.

(B) Accent materials. Wood and metal may be used as accent materials, provided that they are appropriately integrated into the overall building design, and not situated in areas that will be subject to physical or environmental damage.

(1) Twenty-five percent of the exterior wall surface and/or the three feet of exterior wall surface measured from the ground up does not include doors, doorways, or windows.

(2) The building sides that do not face a street must have a minimum of waynes coating on the exterior a minimum of three feet of the entire exterior wall surface measured from the ground up.

(D) Additions and alterations. All subsequent additions and alterations constructed after the erection of an original building, or buildings, shall be of the same materials as those used in the original building, and shall be designed in a manner conforming to the original architectural concept and general appearance. These provisions shall not prevent the city to require upgrading of the quality of materials used in a remodeling or expansion program.

(Ord. 240, passed 6-7-2005)