Within Neighborhood Business District, the following regulations shall apply.

   (A)   Uses permitted:

      (1)   Grocery stores, restaurants, delicatessens, ice cream stores, jewelry stores, dancing schools, florist shops, telephone and telegraph offices, banks, insurance offices, self-service laundries, notions and dry goods stores, variety stores, drug stores, real estate offices, hardware stores, meat markets, professional offices, fruit markets, dress shops, barber shops, beauty shops, local utility offices, shoe repair shops, medical and dental clinics, men's stores, hobby shops, branch laundries and dry cleaning establishments where no laundering or cleaning is to be done on the premises and bakeries where all products baked are sold on the premises and not more than two persons are employed in the actual baking process;

      (2)   Any accessory use or building customarily incidental to the above permitted uses;

      (3)   Retail businesses, retail service establishments and offices not specifically permitted above including stores and shops for special or custom work or for the manufacture of articles, the major portion of which are to be sold on the premises; electric transformer stations, gas regulator stations, telephone exchanges and other public utility facilities; and radio, telephone and television transmission towers and facilities shall be considered special exceptions and will require approval of the Board of Zoning Adjustment. The Board shall grant the approval if it determines that the proposed use is essential to the convenience of the neighboring residents; and

      (4)   Business signs indicating the name and type of business conducted on the premises only. The business shall not project more than one foot beyond the building.

      (5)   Added commercial uses:

         (a)   Retail malt beverage sales (but not permitted in showcase area);

         (b)   Retail package liquor sales (but not permitted in showcase area and only otherwise permitted in B-1 as part of retail store of 10,000 or more square feet space and more than 50% of revenue in non-alcohol sales per text provisions of ordinance); and

         (c)   Table restaurant SA (but not permitted in showcase area).

         (d)   Note potential application of special compatibility standards as set forth herein if adjoining certain property in residential zone classification.

   (B)   Uses prohibited:

      (1)   Residents (except those located over business as a second story), coal yards, lumber yards, junk yards, automobile salvage and wrecking yards, bulk storage of gasoline and other inflammable materials, bottling plants, laundries and dry cleaning establishments, other than self-service and pickup stations, manufacture of articles of which the major portion will not be sold on the premises, and garages for storage or repair of automobiles or other types of automotive equipment;

      (2)   Free standing billboards and signs on land or building roofs; and

      (3)   Any use or trade which, though properly and safely operated with ordinary care according to good and reasonable practice, causes noxious or offensive odors, fumes, smoke, dust, vibrations or noises which substantially interfere with other uses of property permitted in the district.

   (C)   Required yard areas:

      (1)   Front yard depth: all buildings and structures shall have front yard depths of at least 25 feet; all buildings and structures placed on corner lots shall observe front yard requirements on both streets;

      (2)   Rear yard depth: all buildings and structures shall have a rear yard depth of at least 20 feet; and

      (3)   Side yard width: all buildings and structures on lots adjacent to residential districts shall be located so as to conform on the adjacent side with the side yard requirements of the residential district.

   (D)   Height: all buildings and structures shall conform with the height limitations for residential districts.

   (E)   Off-street parking and loading space:

      (1)   The requirements of §§ 155.010 and 155.011 above shall be observed.

      (2)   Retail package liquor sales and retail malt beverage sales require at least one space of parking per 400 square feet.

   (F)   Obstruction of streets and alleys: facilities and installations utilized in the operation of a business establishment shall be set back from any street or alley so that any service rendered by the business establishment will not obstruct the street or alley.

   (G)   For parcels on which malt beverage sales or production is otherwise authorized:

      (1)   Minimum side yard setback - 30 feet; and

      (2)   Minimum rear yard setback - 30 feet.

      (3)   Same setbacks would apply in B-1 if liquor sale is otherwise authorized in 10,000 square feet or more retail facility with more than 50% revenue from non-alcohol per text of ordinance.

(2000 Code, App. B, § 61) (Am. Ord. 16-09, passed 11-21-2016)

   (A)   Uses permitted:

      (1)   Any use permitted in a Neighborhood Business District (B-1);

      (2)   Theaters, assembly halls and commercial recreation establishments; public and private parking lots and parking garages including commercial parking lots and parking garages; restaurants, lunch counters, cafeterias; hotels, motels, residential hotels, apartment-hotels and apartment houses; hospitals, nursing homes; funeral homes and undertaking establishments; business schools and institutions of higher learning; banks, financial and lending institutions; professional and business offices and office buildings; medical and dental clinics and clinical laboratories; newspaper offices and printing establishments; new and used motor vehicle sales including used car lots; home and farm appliance stores and furniture stores; furniture and household moving establishments not involving warehousing and storage; and clothing stores and tailor shops, variety, dry goods, notions and department stores; jewelry stores, art stores and book stores; public buildings; transportation terminals; churches and other places of worship; wholesale uses not requiring warehousing; private clubs and meeting places of civic, fraternal, veterans, business, labor, agricultural and professional organizations; utility offices, telephone exchanges, gas regulator studios, and other utility facilities; and radio and television studios, transmission towers and facilities; business establishments whose principal function is the fabrication of manufactured products into commercial or residential facade design for delivery and installation; mini-warehouses with the approval of the Planning and Zoning Commission;

      (3)   Service stations, public garages and other motor vehicle services provided no repair work is performed out of doors; oil pumps, underground storage tanks, lubricating and other devices are located at least 25 feet from any street right-of-way; all fuel, oil or similar substances are stored inside or underground; and all automobile parts, dismantled vehicles and similar articles are stored within a building;

      (4)   Trailer parks when approved by the Board of Zoning Adjustment and provided that the lot to be used for that purpose is not less than one acre in area, that not less than 3,000 square feet of area is provided for each trailer space, that no trailer is located closer than ten feet to any residential district, that at least one off-street parking space is provided for each trailer space, and that no trailer is parked closer than 12 feet to another trailer. In addition, the trailer park must be designed, used and maintained in conformity with the provisions and regulations of any other state or local laws applying to trailer parks, with the regulations of state and local health authorities and with any special conditions stated in the Board of Zoning Adjustment's approval;

      (5)   Any retail business or retail service not prohibited in division (B) below, including the manufacturing of articles to be sold on the premises. Any like manufacturing or processing shall be incidental to a retail business or service, shall not occupy more than 40% of the total floor area of the business or service establishment;

      (6)   Any accessory use or building customarily incidental to the above permitted uses; and

      (7)   Attached and free-standing business signs, billboards and other advertising structures provided they are not located closer than ten feet to any street right-of-way or three feet to any side lot line.

      (8)   Added commercial uses:

         (a)   Retail malt beverage sales (but not permitted in showcase area);

         (b)   Retail package liquor sales (but not permitted in showcase area);

         (c)   Tavern (but not permitted in showcase area). Note: potential application of special compatibility standards as set forth herein if adjoining certain property in residential zone classification;

         (d)   Small farm winery or microbrewery (upon CUP approval per Zoning Ordinance except not allowable in showcase area); and

         (e)   Table restaurant SA (but not permitted in showcase area).

   (B)   Uses prohibited: single-family dwellings; truck terminals; animal hospitals; stock yards and slaughterhouses; dairies; live animal and poultry sales; grist, flour and feed mills; bottling works; dry cleaning plants; coal and lumber yards; machine shops; welding shops; sheet metal shops; plumbing shops; automobile salvage and wrecking establishments; ice plants; laundries and bakeries employing more than five persons; junk, scrap paper and rag storage and baling establishments; gasoline, oil and alcohol storage above ground in excess of 500 gallons; and any similar uses which in the opinion of the Board of Zoning Adjustment would be detrimental to the development of the General Business District as a retail shopping area.

   (C)   Required yard areas:

      (1)   Front yard depth: all buildings and structures shall have front yard depths of at least 25 feet; front yards on corner lots: all buildings and structures placed on corner lots shall observe front yard requirements on both streets;

      (2)   Rear yard depth: all buildings and structures shall have rear yard depths of at least 20 feet; and

      (3)   Side yard width: all buildings and structures on lots adjacent to a residential district shall be located so as to conform on the adjacent side with the side yard requirements of the residential district.

   (D)   Height: no building or structure shall exceed four stories or 50 feet in height.

   (E)   Off-street parking and loading space:

      (1)   The requirements of §§ 155.010 and 155.011 above shall be observed.

      (2)   Parking standards:

         (a)   The tavern requires a minimum parking availability of one space per 60 square feet;

         (b)   The retail package liquor sales and retail malt beverages sales requires a minimum required parking of one space per 400 square feet; and

         (c)   Table restaurants SA require a minimum require the same parking as an other restaurant of the same size.

   (F)   Obstruction of streets and alleys: facilities and installations utilized in the operation of a business establishment shall be set back from any street or alley so that any service rendered by the business establishment will not obstruct the street or alley.

   (G)   For parcels on which liquor and/or malt beverage sales or production is otherwise authorized:

      (1)   Minimum frontage - 150 feet frontage.

      (2)   Minimum front yard setback - 40 feet.

      (3)   Minimum side yard setback - 30 feet.

      (4)   Minimum rear yard setback - 30 feet.

      (5)   The city has an interest in preserving the character of the area and older buildings in the General Business District which sometimes have zero lot lines or are otherwise in close proximity to each other based on historical construction patterns in the downtown area. Accordingly, for good cause shown as to lack of material adverse impact on adjoining properties, pedestrians, or traffic patterns, a variance from the above frontage or setbacks for liquor and/or malt beverage sales or production may be granted in the General Business District (B-2) by the Board of Zoning Adjustments.

(2000 Code, App. B, § 62) (Am. Ord. 16-09, passed 11-21-2016)

   (A)   Uses permitted:

      (1)   Any use permitted in a General Business District (B-2) with the exception of the uses prohibited in division (B) below; and

      (2)   Signs, awnings or marquees projecting beyond the street right-of-way line provided the following conditions are met:

         (a)   They do not extend more than four and one-half feet into the street right-of-way or closer than one foot to the carriage way;

         (b)   The vertical distance from the sidewalk to any portion of a projecting sign or marquee is at least nine feet and to any portion of an awning is at least seven feet;

         (c)   They are not fixed or supported by a beam, post or pier into the sidewalk or carriage-way; and

         (d)   A building permit is obtained to erect or install the sign, marquee or awning.

      (3)   Added commercial uses:

         (a)   Retail malt beverage sales (but not permitted in showcase area);

         (b)   Retail package liquor sales (but not permitted in showcase area);

         (c)   Tavern (but not permitted in showcase area). Note potential application of special compatibility standards as set forth herein if adjoining certain property in residential zone classification;

         (d)   Table restaurant SA (but not permitted in showcase area); and

         (e)   Small winery or microbrewery (upon CUP approval per zoning ordinance, except not allowable in showcase area).

   (B)   Uses prohibited:

      (1)   Any use prohibited in a General Business District (B-2);

      (2)   Trailer parks, free standing billboards, wholesale businesses, hospitals and nursing homes, funeral homes and undertaking establishments, service stations and public garages, and new and used motor vehicle sales and services including used car lots; apartment houses (except units located over a business as a second story); and

      (3)   Similar uses which in the opinion of the Board of Zoning Adjustment would be detrimental to the development of the Central Business District as a retail shopping area.

   (C)   Required yard areas:

      (1)   Rear yard depth: all buildings and structures shall have rear yard depths of at least 12 feet; and

      (2)   Side yard width: all buildings and structures on lots adjacent to residential districts shall be located so as to conform on the adjacent side with the side yard requirements of the residential district.

   (D)   Height: no building or structure shall exceed four stories of 50 feet in height.

   (E)   Off-street loading space:

      (1)   The requirements of § 155.011 above shall be observed.

      (2)   Parking standards:

         (a)   The tavern requires a minimum parking availability of one space per 60 square feet;

         (b)   The retail package liquor sales and retail malt beverages sales requires a minimum required parking of one space per 400 square feet; and

         (c)   Table restaurants SA require a minimum require the same parking as an other restaurant of the same size.

   (F)   Obstructions of streets and alleys: facilities and installations utilized in the operation of a business establishment shall be set back from any street or alley so that any service rendered by the business establishment will not obstruct the street or alley.

   (G)   For parcels on which liquor and/or malt beverage sales or production is otherwise authorized:

      (1)   Minimum frontage - 150 feet each street frontage.

      (2)   Minimum front yard setback - 40 feet.

      (3)   Minimum side yard setback - 30 feet.

      (4)   Minimum rear yard setback - 30 feet.

      (5)   The city has an interest in preserving the character of the area and older buildings in the Central Business District which sometimes have zero lot lines or are otherwise in close proximity to each other based on historical construction patterns in the downtown area. Accordingly, for good cause shown as to lack of material adverse impact on adjoining properties, pedestrians, or traffic patterns, a variance from the above frontage or setbacks for liquor and/or malt beverage sales or production may be granted in the Central Business District (B-3) by the Board of Zoning Adjustments.

(2000 Code, App. B, § 63) (Am. Ord. 16-09, passed 11-21-2016)

   (A)   Uses permitted:

      (1)   Any use permitted and as regulated in General Business Districts (B-2) except as hereinafter modified;

      (2)   Animal hospitals, veterinary clinics and kennels provided that any structure or area used for those purposes, including pens and exercise runways, shall be at least 30 feet from any residential district and that permanent evergreen plant material or a solid wall or fence shall be provided along any property line adjoining a residential district to screen the uses from view;

      (3)   Commercial greenhouses and plant nurseries, including offices and sales yards, provided that no building for any like use shall have a heating plant or a ventilating flue or other opening except stationary windows within 30 feet of any residential district;

      (4)   Ice storage facilities of three tons or less capacity;

      (5)   Drive-in eating and drinking establishments provided the requirements of division (A)(2) above are met;

      (6)   Outdoor and indoor display and sales of farm implements, contractors' equipment and house trailers;

      (7)   Poultry hatcheries when conducted within a completely enclosed building provided that no building for the use shall have a heating plant or a ventilating flue or other opening except stationary windows within 30 feet of any residential district;

      (8)   Trailer parks when approved by the Board of Zoning Adjustment and provided that the lot to be used for that purpose is not less than one acre in area, that not less than 3,000 square feet of area is provided for each trailer space, that no trailer is located closer than ten feet to any residential district, that at least one off-street parking space is provided for each trailer space and that no trailer is parked closer than 12 feet to another trailer. In addition, the trailer park must be designed, used and maintained in conformity with the provisions and regulations of any other state or local laws applying to trailer parks, with the regulations of state and local health authorities and with any special conditions stated in the Board of Zoning Adjustment's approval;

      (9)   Any necessary use or building customarily incidental to the above permitted uses provided all general and special requirements for principal buildings are met; and

      (10)   Any other uses which are determined by the Board of Zoning Adjustment to be of the same general character as the above permitted uses, which will not be detrimental to the district in which they are located and which will not be objectionable by reason of odors, dust, smoke, cinders, gas, fumes, noise, vibrations and refuse matter.

      (11)   Added commercial uses:

         (a)   Retail package liquor sales (but not permitted in showcase area);

         (b)   Retail malt beverage sales (but not permitted in showcase area);

         (c)   Tavern (but not permitted in showcase area). Note: potential application of special compatibility standards as set forth herein if adjoining certain property in residential zone classification;

         (d)   Table restaurant SA (but not permitted in showcase area); and

         (e)   Small winery or microbrewery (upon CUP approval per zoning ordinance, except not allowable in showcase area).

   (B)   Uses prohibited:

      (1)   Any use prohibited in a General Business District (B-2) unless it is expressly permitted in division (A) above; and

      (2)   Similar uses which in the opinion of the Board of Zoning Adjustment would be detrimental to the development of the Highway Business District as a retail business and service area.

   (C)   Required yard areas:

      (1)   Front yard depth: all buildings and structures shall have a front yard depth of at least 25 feet;

      (2)   Rear yard depth: all buildings and structures shall have a rear yard depth of at least 20 feet; and

      (3)   Side yard width: all buildings and structures on lots adjacent to residential districts shall be located so as to conform on the adjacent side with the side yard requirements of the residential district.

   (D)   Height: no building or structure shall exceed four stories or 50 feet in height.

   (E)   Off-street parking and loading spaces: the requirements of §§ 155.010 and 155.011 above shall be observed.

   (F)   Obstruction of streets and alleys: facilities and installations utilized in the operation of a business establishment shall be set back from any street or alley so that any service rendered by the business establishment will not obstruct the street or alley.

   (G)   For parcels on which liquor and/or malt beverage sales or production is otherwise authorized:

      (1)   Minimum lot frontage, assembly and commercial - 100 feet. Exception: corner lots, minimum frontage - 150 feet each street frontage.

      (2)   Minimum front yard setback, assembly and commercial - 30 feet.

      (3)   Minimum side yard setback, assembly and commercial - 20 feet.

      (4)   Minimum rear yard setback, assembly and commercial - 20 feet.

(2000 Code, App. B, § 64) (Am. Ord. 16-09, passed 11-21-2016)