SCHEDULE OF ZONING DISTRICT REGULATIONS
* Note—In C-1 and C-2 commercial areas the following shall not be permitted uses nor special exceptions:
a. Fix-it shops.
b. Filling stations.
c. Any commercial establishment that entails the repair, remanufacturing, dismantling, recycling, or the accumulation of business inventory which consist of appliances, automobiles, iron, tin, plastics, or other materials or in any manner pertain to a business which fixes any type of automotive vehicles and/or machinery.
d. Any business which repairs or remanufactures wrecked automobiles into drivable automobiles, recycles, aluminum, tin, iron and other discarded metals, plastic or other items, or businesses which fabricate metals or other items which when placed on the premises creates a public nuisance by excessive weed growth, in infestation of rodents, reptiles and animals, and a general unsightly appearance.
e. Further, any business in a C-1 or C-2 area shall have sufficient square footage for the type of business to be located and that it shall have sufficient square footage for the business, the building, parking, storage, inventory, or any other items used in said business and sufficient public facilities such as restrooms, etc.
** Note—Bona fide restaurants, located in a C-1(A) zoning district shall be allowed to sell and allow the consumption of alcoholic beverages between the hours of 6:00 a.m. and 10:00 p.m. Provided that all provisions of this sections pertaining to restaurants are met, for the purpose of this section "restaurants business" shall be defined as an establishment which:
a. Operates a place of business whose purpose is primarily to prepare food and food items for consumption and to serve meals and meal items to the general public;
b. Must serve food on all days of operation; must gross sixty percent (60%) of their monthly revenue from the sale of food, food items, and non-alcohol beverages;
c. Must maintain separate sales figures for alcoholic beverages;
d. Operates a bona fide restaurant by having a fully equipped kitchen facility and dining room manned and operated at all times that alcoholic beverages are sold;
e. Maintains a written record of the name, address and telephone number of all vendors and supplies of food, food items and non-alcoholic beverages and alcoholic beverages;
f. Maintains, for a minimum for a period of twelve (12) consecutive months previous to application for renewals, all records of purchases and delivery of food, food items and non-alcoholic beverages and alcoholic beverages to the permittee's place of business, including, without limitation, all billings, invoices, statements of account, delivery tickets and receipts evidencing the permittee's purchase and receipt of food, food items and non-alcoholic beverages and alcoholic beverages;
g. For new businesses without prior business experience on which to base a determination of percentage of food, food items and non-alcoholic beverages, a temporary permit may be issued by the collector for ninety (90) days after which time evidence of all purchases and sales, as may be deemed necessary by the city, will be required to make the permit permanent; and
h. All applications, whether new or renewal, shall be in writing, sworn to in front of a notary public, and shall contain the full name of the applicant along with a complete description and correct address of the premises in which the restaurant is located, in addition to any other application requirements for liquor licenses.
For purposes of verifying that the permittee meets the requirements for a restaurant business, the permittee shall, annually, as determined by the city, cause to be delivered to the permit office a CPA audit statement, at the cost of permittee, verifying that the required monthly income of the permitted business is from non-alcohol sales. Furthermore, any permittee, upon applying for an initial permit herein, specifically agrees to deliver to the administration of the city and/or any representative so designated by the Mayor, within one hundred and twenty (120) days of the issuance of said permit a CPA audit of the ratio of alcohol and non-alcohol sales for the three-month period immediately following the effective date of the permit. On written demand, all records required to be maintained by this section on any matter and/or which would tend to establish the ratio of alcohol to non-alcohol sales by permittee shall be delivered to the city within twenty (20) days of receipt of written demand by the city.
It is the intent of the city council that any bona fide restaurant who is issued a permit under a C-1(A) zoning classification with a limited purpose for selling alcoholic beverages with meals shall not in any matter convert said bona fide restaurant at any time during the hours of operation or thereafter to any type of facility were the cessation of food servicing and eating ends and the establishment becomes a so-called "bottle club," or any type of facility in which music, dancing and/or consumption of alcoholic beverages and/or congregations of people remain on the premises after 10:00 p.m. and continue to consume alcohol whether brought in or sold by said facility and operate in a manner which is contrary to the customary manner in which a restaurant is operated. The conversion of said facility into such a place where traditional restaurant activity is no longer being maintained will result in the immediate revocation of the license to sell alcoholic beverages at said establishment.
The permit issued under this chapter to restaurant businesses shall be subject to revocation by the city council at any time following a hearing as provided for all of the licenses and/or permits issued under Chapter 3, Article 2, Section 3-31 and Chapter 3, Article 3, Section 3-48 and determination that the permittee fails to meet the criteria set forth in this section.
*** Note—Fire stations, public administration buildings and libraries are exempt from the requirement that no building shall be erected within thirty (30) feet of any property line or street line.
(Ord. of 8-12-86; Ord. No. 1999-3, § 1, 4-12-99; Ord. No. 2006-18, §§ I, II, 9-12-06; Ord. No. 2008-04, §§ I—III, 2-26-08; Ord. No. 2011-14, §§ I—VI, 9-13-11; Ord. No. 2012-15, § I, 10-9-12; Ord. No. 2022-02, §§ I, II, 3-28-22; Ord. No. 2024-09, § I(Exh. A), 5-14-24)
SCHEDULE OF ZONING DISTRICT REGULATIONS
* Note—In C-1 and C-2 commercial areas the following shall not be permitted uses nor special exceptions:
a. Fix-it shops.
b. Filling stations.
c. Any commercial establishment that entails the repair, remanufacturing, dismantling, recycling, or the accumulation of business inventory which consist of appliances, automobiles, iron, tin, plastics, or other materials or in any manner pertain to a business which fixes any type of automotive vehicles and/or machinery.
d. Any business which repairs or remanufactures wrecked automobiles into drivable automobiles, recycles, aluminum, tin, iron and other discarded metals, plastic or other items, or businesses which fabricate metals or other items which when placed on the premises creates a public nuisance by excessive weed growth, in infestation of rodents, reptiles and animals, and a general unsightly appearance.
e. Further, any business in a C-1 or C-2 area shall have sufficient square footage for the type of business to be located and that it shall have sufficient square footage for the business, the building, parking, storage, inventory, or any other items used in said business and sufficient public facilities such as restrooms, etc.
** Note—Bona fide restaurants, located in a C-1(A) zoning district shall be allowed to sell and allow the consumption of alcoholic beverages between the hours of 6:00 a.m. and 10:00 p.m. Provided that all provisions of this sections pertaining to restaurants are met, for the purpose of this section "restaurants business" shall be defined as an establishment which:
a. Operates a place of business whose purpose is primarily to prepare food and food items for consumption and to serve meals and meal items to the general public;
b. Must serve food on all days of operation; must gross sixty percent (60%) of their monthly revenue from the sale of food, food items, and non-alcohol beverages;
c. Must maintain separate sales figures for alcoholic beverages;
d. Operates a bona fide restaurant by having a fully equipped kitchen facility and dining room manned and operated at all times that alcoholic beverages are sold;
e. Maintains a written record of the name, address and telephone number of all vendors and supplies of food, food items and non-alcoholic beverages and alcoholic beverages;
f. Maintains, for a minimum for a period of twelve (12) consecutive months previous to application for renewals, all records of purchases and delivery of food, food items and non-alcoholic beverages and alcoholic beverages to the permittee's place of business, including, without limitation, all billings, invoices, statements of account, delivery tickets and receipts evidencing the permittee's purchase and receipt of food, food items and non-alcoholic beverages and alcoholic beverages;
g. For new businesses without prior business experience on which to base a determination of percentage of food, food items and non-alcoholic beverages, a temporary permit may be issued by the collector for ninety (90) days after which time evidence of all purchases and sales, as may be deemed necessary by the city, will be required to make the permit permanent; and
h. All applications, whether new or renewal, shall be in writing, sworn to in front of a notary public, and shall contain the full name of the applicant along with a complete description and correct address of the premises in which the restaurant is located, in addition to any other application requirements for liquor licenses.
For purposes of verifying that the permittee meets the requirements for a restaurant business, the permittee shall, annually, as determined by the city, cause to be delivered to the permit office a CPA audit statement, at the cost of permittee, verifying that the required monthly income of the permitted business is from non-alcohol sales. Furthermore, any permittee, upon applying for an initial permit herein, specifically agrees to deliver to the administration of the city and/or any representative so designated by the Mayor, within one hundred and twenty (120) days of the issuance of said permit a CPA audit of the ratio of alcohol and non-alcohol sales for the three-month period immediately following the effective date of the permit. On written demand, all records required to be maintained by this section on any matter and/or which would tend to establish the ratio of alcohol to non-alcohol sales by permittee shall be delivered to the city within twenty (20) days of receipt of written demand by the city.
It is the intent of the city council that any bona fide restaurant who is issued a permit under a C-1(A) zoning classification with a limited purpose for selling alcoholic beverages with meals shall not in any matter convert said bona fide restaurant at any time during the hours of operation or thereafter to any type of facility were the cessation of food servicing and eating ends and the establishment becomes a so-called "bottle club," or any type of facility in which music, dancing and/or consumption of alcoholic beverages and/or congregations of people remain on the premises after 10:00 p.m. and continue to consume alcohol whether brought in or sold by said facility and operate in a manner which is contrary to the customary manner in which a restaurant is operated. The conversion of said facility into such a place where traditional restaurant activity is no longer being maintained will result in the immediate revocation of the license to sell alcoholic beverages at said establishment.
The permit issued under this chapter to restaurant businesses shall be subject to revocation by the city council at any time following a hearing as provided for all of the licenses and/or permits issued under Chapter 3, Article 2, Section 3-31 and Chapter 3, Article 3, Section 3-48 and determination that the permittee fails to meet the criteria set forth in this section.
*** Note—Fire stations, public administration buildings and libraries are exempt from the requirement that no building shall be erected within thirty (30) feet of any property line or street line.
(Ord. of 8-12-86; Ord. No. 1999-3, § 1, 4-12-99; Ord. No. 2006-18, §§ I, II, 9-12-06; Ord. No. 2008-04, §§ I—III, 2-26-08; Ord. No. 2011-14, §§ I—VI, 9-13-11; Ord. No. 2012-15, § I, 10-9-12; Ord. No. 2022-02, §§ I, II, 3-28-22; Ord. No. 2024-09, § I(Exh. A), 5-14-24)