The purpose of the B-1, Central Business District is to provide for the establishment of commercial and service activities which draw from and serve customers from the community and surrounding area.

(Prior Code, § 11-60-1) (Ord. 258, passed 5-4-2006)

   Subject to applicable provisions of this chapter, the following are permitted uses in a B-1 District:

   (A)   Financial institutions;

   (B)   Governmental or public regulated utilities, buildings or structures necessary for the health, safety and general welfare of the city;

   (C)   Liquor sales, on- and off-site;

   (D)   Office business; clinic;

   (E)   Office business; general;

   (F)   Personal services, subject to any licensing requirements of the city, county or state;

   (G)   Restaurants;

   (H)   Retail business;

   (I)   Service business; on-site without drive-through service facilities;

   (J)   Specialty schools, such as music, dance, gymnastics, business or trade school; and

   (K)   Theaters.

(Prior Code, § 11-60-2) (Ord. 258, passed 5-4-2006)

   Subject to applicable provisions of this chapter, the following are permitted accessory uses in a B-1 District:

   (A)   Commercial accessory buildings and structures provided that the use shall not exceed 30% of the gross floor space of the principal use;

   (B)   Fences as regulated by §§ 152.275 through 152.281 of this chapter;

   (C)   Off-street parking and loading as regulated by §§ 152.255 through 152.264 of this chapter;

   (D)   Secondary or accessory use antennas or satellites as regulated by §§ 152.330 through 152.337 of this chapter;

   (E)   Signs as regulated by §§ 152.350 through 152.359 of this chapter; and

   (F)   Farmers markets accessory to a “governmental or public regulated utilities, buildings or structures necessary for the health, safety and general welfare of the city” permitted use.

(Prior Code, § 11-60-3) (Ord. 258, passed 5-4-2006; Ord. 376, passed 5-18-2021)

   Subject to applicable provisions of this chapter, the following are conditional uses in the B-1 District and require a conditional use permit based upon procedures set forth in and regulated by §§ 152.070 through 152.074 of this chapter:

   (A)   Accessory drive-through facilities provided that:

      (1)   Not less than 120 feet of segregated automobile stacking shall be provided for the single service lane. Where multiple service lanes are provided, the minimum automobile stacking may be reduced to 60 feet per lane;

      (2)   The stacking lane and its access shall be designated to control traffic in a manner to protect the buildings and will not interfere with on-site traffic circulation or access to the required parking space;

      (3)   No part of the public street or boulevard may be used for stacking of automobiles;

      (4)   The stacking lane, order board telecom and window placement shall be designed and located in a manner as to minimize glare to adjacent premises, particularly residential premises and to maximize maneuverability of vehicles on the site;

      (5)   The drive-through window and its stacking lanes shall be screened from view of adjoining residential zoning districts and public street rights-of-way; and

      (6)   A lighting and photometric plan will be required that illustrates the drive-through service lane lighting and shall comply with § 152.187 of this chapter.

   (B)   Essential service involving transmission pipelines and transmission or substation lines in excess of 35kV and up to 100kV, as regulated by §§ 152.385 through 152.389 of this chapter;

   (C)   Residential and nonresidential uses within one structure, provided that:

      (1)   Residential and nonresidential uses shall not be contained on the same floor and no residential use shall be located on the first floor; and

      (2)   Residential and nonresidential uses shall have separate entrances and exits.

   (D)   Accessory outdoor dining facilities with more than 16 seats provided that:

      (1)   The applicant submit a site plan and other pertinent information demonstrating the location and type of tables, refuse receptacles and wait stations;

      (2)   The dining area shall be screened from view from adjacent residential uses in accordance with §§ 152.275 through 152.281 of this chapter;

      (3)   All lighting shall be hooded and directed away from adjacent residential uses; and

      (4)   The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following:

      (5)   The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following:

         (a)   Outdoor dining area shall be segregated from through pedestrian circulation by means of temporary fencing, bollards, ropes, plantings or other methods;

         (b)   Minimum clear passage zone for pedestrians at the perimeter of the restaurant shall be at least five feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights or the like;

         (c)   Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven feet above sidewalk;

         (d)   The dining area is surfaced with concrete, bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive and functional surface;

         (e)   Storage of furniture shall not be permitted outdoors between November 2 and March 31. Outdoor furniture that is immovable or permanently fixed or attached to the sidewalk shall not be subject to the storage prohibition of this section. However, any immovable or permanently fixed or attached furniture shall be approved as part of the conditional use permit; and

         (f)   Refuse containers are to be provided for self-service outdoor dining areas. These containers shall be placed in a manner which does not disrupt pedestrian circulation.

(Prior Code, § 11-60-4) (Ord. 258, passed 5-4-2006; Ord. 278, passed 3-19-2008)

   Subject to applicable provisions of this chapter, the following are interim uses in a B-1 District and require an interim use permit based upon procedures set forth in and regulated by §§ 152.085 through 152.089 of this chapter: none.

(Prior Code, § 11-60-5) (Ord. 258, passed 5-4-2006)

   Subject to applicable provisions of this chapter, the following uses are allowed by administrative permit in a B-1 District based upon procedures set forth in and regulated by §§ 152.115 through 152.118 of this chapter. Accessory outdoor dining facilities with 16 seats or less provided that:

   (A)   The applicant shall submit a site plan and other pertinent information demonstrating the location and type of tables, refuse receptacles and wait stations;

   (B)   All lighting shall be hooded and directed away from adjacent residential uses; and

   (C)   The applicant shall demonstrate that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following:

      (1)   Minimum clear passage zone for pedestrians at the perimeter of the restaurant shall be at least five feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights or the like;

      (2)   Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven feet above sidewalk;

      (3)   The dining area is surfaced with concrete, bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive and functional surface;

      (4)   Storage of furniture shall not be permitted outdoors between November 2 and March 31; and

      (5)   Refuse containers are to be provided for self-service outdoor dining areas. These containers shall be placed in a manner which does not disrupt pedestrian circulation.

(Prior Code, § 11-60-6) (Ord. 258, passed 5-4-2006; Ord. 278, passed 3-19-2008)

   The following minimum requirements shall be observed in a B-1 District subject to additional requirements, exceptions and modifications set forth in this chapter.

 

 

(Prior Code, § 11-60-7) (Ord. 258, passed 5-4-2006)

   The following building requirements shall be observed in the B-1 District.

   (A)   All buildings shall be limited to a maximum height of three stories or 35 feet, however, building heights in excess of the prescribed standard may be permitted through a conditional use permit, provided that the requirements of § 152.207(A) of this chapter are met.

   (B)   All buildings and property located within the boundaries of the HD, Historic Downtown Overlay District, shall be subject to the architectural standards described and illustrated within the downtown design standards manual adopted as an addendum to the Comprehensive Plan.

(Prior Code, § 11-60-8) (Ord. 258, passed 5-4-2006)