All applications for a permitted use, administrative review use or special use set forth in each zoning district shall be submitted to the Zoning Administrator for a use interpretation, pursuant to the standards and procedures set forth in Section 6-3-9 "Administrative Interpretations," of this Title.

(Ord. No. 43-O-93; Ord. No. 48-O-21, § 6, 5-10-2021)

Accessory uses and structures that are incidental to the permitted, administrative review uses and special uses in the business districts shall be permitted in the districts and yards specified in Section 6-4-6, "Accessory Uses and Structures," of this Title.

(Ord. No. 43-O-93; Ord. No. 48-O-21, § 6, 5-10-2021)

Where redevelopment overlay districts have been designated within the business districts the regulations of the overlay district shall supersede or supplement, as applicable, the regulations of the underlying district. The regulations governing the redevelopment overlay district are specified in redevelopment overlay district of this Code.

(Ord. No. 43-O-93)

Applications for development approval for properties located within the business districts shall be subject to site plan review in accordance with the provisions of Chapter 3, "Implementation and Administration," of this Title and Title 4, Chapter 14, "Design and Project Review," of this Code, as amended.

(Ord. No. 43-O-93; Ord. No. 50-O-14, § 9, 10-27-2014)

Off street parking and loading facilities shall be provided for all business districts in accordance with the regulations set forth in Chapter 16, "Off Street Parking And Loading," of this Title.

(Ord. No. 43-O-93)

Landscaping and screening shall be provided for in all business districts in accordance with the regulations set forth in Chapter 17, "Landscaping And Screening," of this Title.

(Ord. No. 43-O-93)

Signs in all business districts shall comply with the applicable sign regulations set forth in the sign ordinance of the City ^[11].

(Ord. No. 43-O-93)

Any historic landmark structure located in a business district shall be subject to the provisions of the historic preservation ordinance and the additional requirements set forth in Chapter 15, "Special Purpose And Overlay Districts," of this Title. See Appendix C of this Title for a list of all historic landmark structures in Evanston by address.

(Ord. No. 43-O-93)

In addition to the general requirements for planned developments set forth in Section 6-3-6, "Planned Developments," of this Title the Land Use Commission shall not recommend approval of, nor shall the City Council adopt a planned development in the business districts unless they shall determine, based on written findings of fact, that the planned development adheres to the standards set forth herein.

(A)

General Conditions:

1.

Each planned development shall be compatible with surrounding development and not be of such a nature in height, bulk, or scale as to exercise any influence contrary to the purpose and intent of the zoning ordinance as set forth in Section 6-1-2, "Purpose And Intent," of this Title.

If the proposed planned development is for a property listed as an Evanston landmark, or for property located within a historic district listed on the national register or for property located within a historic district so designated by the Evanston preservation commission, the planned development shall be compatible with the "secretary of the interior's standards for rehabilitation" as set forth in the National Historic Preservation Act of 1966, as amended.

2.

Each planned development shall be compatible with and implement the adopted comprehensive general plan, as amended, any adopted land use or urban design plan specific to the area, this zoning ordinance, and any other pertinent City planning and development policies, particularly in terms of:

(a)

Land use.

(b)

Land use intensity.

(c)

Housing.

(d)

Preservation.

(e)

Environmental.

(f)

Traffic impact and parking.

(g)

Impact on schools, public services and facilities.

(h)

Essential character of the business district, the surrounding residential neighborhoods, and abutting residential lots.

(i)

Neighborhood planning.

(j)

Business district planning and economic development goals and policies, particularly those of specific adopted plans for individual business districts.

(k)

Conservation of the taxable value of land and buildings throughout the City, and retention of taxable land on tax rolls.

3.

Each planned development shall enhance and maintain the pedestrian character of the business districts.

4.

Each planned development shall enhance the streetscape and architectural character of the business districts, including where possible, preserving character giving buildings and existing streetscape amenities.

5.

Each planned development shall be completed within two (2) years of the issuance of the special use permit for the planned development. If extensive or staged development is approved as part of the planned development, however, the two (2) year requirement may be extended to provide for a more reasonable time schedule. The expanded time schedule shall be adopted as part of the planned development and so noted on the special use permit for a planned development.

6.

No special use permit for a planned development shall be valid for a period longer than one (1) year unless a building permit is issued and construction is actually begun within that period and is diligently pursued to completion. The City Council may, however, for good cause shown, extend the one year period for such time as it shall determine, without further hearing before the Land Use Commission. The City Council may, at its sole discretion, place conditions on the extension in order to assure that the planned development is diligently pursued to its completion.

7.

All landscaping and streetscape treatment within the planned development shall be provided in accordance with the requirements set forth in Chapter 17, "Landscaping And Screening," of this Title, and shown on the required landscape plan submitted as part of the planned development application.

(B)

Site Controls and Standards: The following site controls and standards are established to provide a regulatory framework that will promote excellence in site design. It is not intended to restrict or inhibit the Design and Project Review Committee or the applicant from applying other site design principles and standards that may be applicable to the planned development being proposed and that may be found in the City's "Manual of Design Guidelines" or in common use by design professionals.

1.

The minimum area for a planned development established in a business district shall be as follows:

2.

For all boundaries of the planned development abutting a residential property, there shall be provided a transition landscaped strip of at least ten (10) feet consisting of vegetative screening, fencing, or decorative walls in accordance with the "Manual of Design Guidelines" and Chapter 17, "Landscaping and Screening," of this Title. The transition landscaped strip and its treatment shall be depicted on the required landscape plan submitted as part of the planned development application.

3.

Walkways developed for a planned development shall form a logical, safe and convenient system for pedestrian access to all project facilities as well as any off site destination likely to attract substantial pedestrian traffic. Pedestrian ways shall not be used by other automotive traffic.

4.

The location, construction, and operation of parking, loading areas, and service areas, shall be designed to avoid adverse effects on residential uses within or adjoining the development and, where possible, provide additional parking beyond that required for the planned development to service the business district in which it is located.

5.

Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic.

6.

The planned development shall provide, if possible, for underground installation of utilities (including electricity and telephone) both in public ways and private extensions thereof. Provisions shall be made for acceptable design and construction of storm water control facilities, including grading, gutter, piping and treatment of turf and maintenance of facilities.

7.

For every planned development there shall be provided a market feasibility statement that shall indicate the consumer market areas for all uses proposed in the development, the population potential of the area or areas to be served by the uses proposed and other pertinent information concerning the need or demand for such uses of land.

8.

For every planned development involving structures exceeding a gross floor area of twenty thousand (20,000) square feet there shall be provided a traffic circulation impact study that shall show the effect of all proposed uses upon adjacent and nearby roads and highways. The study also shall show the amount and direction of anticipated traffic flow and clearly describe what road improvements and traffic control improvements might become necessary as a result of the construction of the proposed development.

9.

The Zoning Administrator may, at his discretion, require of the applicant additional studies or impact analyses when he determines that a reasonable need for such investigation is indicated.

(C)

Development Allowances: As provided in Section 6-3-6, "Planned Developments," of this Title the Land Use Commission may recommend approval of, and the City Council may grant, site development allowances for planned developments. Said allowances shall be limited as follows:

1.

The maximum height increase over that otherwise permitted in the business districts shall be no more than:

2.

The maximum increase in the number of dwelling units over that otherwise permitted in the business districts shall be:

3.

The location and placement of buildings may vary from that otherwise permitted in the business districts; however, at no time shall any building be closer than five (5) feet to any interior side lot line abutting a residential district or closer than ten (10) feet to any rear lot line abutting a residential district.

4.

The maximum increase in floor area ratio, over that otherwise permitted in the business districts, shall be 1.0.

(D)

Mandatory Planned Development Minimum Thresholds: Any development the land use of which is listed among the permitted uses or special uses for the zoning district in which the subject property is located meeting any one (1) of the following characteristics may only be authorized as a planned development in accordance with Section 6-3-6 of this Title. For purposes of this Subsection, "new construction" is defined as construction that results in the zoning lot being improved with substantially new structures, and/or construction conforming to the definition of a "substantial rehabilitation and substantial additions" in Section 6-18-3 of this Title.

1.

The area of the zoning lot to be improved with new construction is in excess of thirty thousand (30,000) square feet.

2.

The development provides for the construction of more than twenty-four (24) new residential units. The required inclusionary housing dwelling units and associated bonus dwelling units are not counted towards the twenty-four (24) dwelling unit threshold when determining whether a planned development is required.

3.

The development plan for which application for a building permit is made contains more than twenty-four (24) units of any one (1) type or in any combination of any commercial, business, retail or office uses.

4.

The development plan for which application for a building permit is made contains more than twenty-four (24) units of any one (1) type or in any combination of any residential, commercial, business, retail, or office uses. The required inclusionary housing dwelling units and associated bonus dwelling units are not counted towards the twenty-four (24) dwelling unit threshold when determining whether a planned development is required.

5.

The development plan for which application for a building permit is made provides for the new construction of more than twenty thousand (20,000) square feet of gross floor area under one (1) roof for any commercial, business, retail or office use. For purposes of this Subsection, gross floor area excludes the area of any floors or portion of floors the volume of which is below the established grade but shall include all accessory areas, areas devoted to parking or loading, elevator shafts, stairwells, space used solely for heating, cooling, mechanical, electrical and mechanical penthouses, refuse rooms and uses accessory to the building, notwithstanding floor areas excluded from the calculation of gross floor area by Section 6-18-3 of this Title.

(Ord. No. 43-O-93; Ord. 59-O-04; Ord. 136-O-05; Ord. No. 50-O-14, § 10, 10-27-2014; Ord. No. 52-O-22, § 57, 6-27-2022; Ord. No. 53-O-25, § 2(Exh. A), 8-25-2025)

(A)

Any covered development, as defined under City Code Section 5-7-3, providing on-site affordable units and that is otherwise compliant with the City's Inclusionary Housing Ordinance is entitled to the following development bonuses:

1.

For developments providing five percent (5%) on-site affordable housing or ten percent (10%) on-site housing with public financing:

2.

For developments providing ten percent (10%) on-site affordable housing or twenty percent (20%) on-site affordable housing with public financing:

3.

For covered developments and primarily affordable non-covered developments in non-TOD areas that provide on-site affordable units, the parking requirements for the entire development shall be reduced to:

(B)

Residential developments processed as planned developments, shall have bonuses and reductions set forth in this Section calculated prior to the site development allowances set forth in Section 6-9-1-9.

(Ord. No. 117-O-16, § 2, 12-12-2016; Ord. No. 54-O-19, § 3, 7-8-2019; Ord. No. 52-O-22, § 58, 6-27-2022)

The B1 business district is intended to promote and preserve small scale, limited shopping and business uses that service the needs of the people who live and work in the neighborhoods in which the business uses are located.

Evanston's business districts developed many years ago and have become integral parts of the community. Because they are such an important part of the community's character, preservation of their scale, their range of services, and their pedestrian orientation are prime objectives. The B1 district is structured to accomplish the retention of these small neighborhood business districts and provide for their continued existence.

Uses within this district share common characteristics such as relatively small storefronts built to the front lot line, and provide limited services that cater to neighborhood residents such as drugstores, cleaners, shoe repair, corner grocery stores, and restaurants. No individual use in this district should exceed seven thousand five hundred (7,500) square feet in size.

(Ord. No. 43-O-93)

The following uses, provided they are seven thousand five hundred (7,500) square feet or less in size, are permitted in the B1 district:

Artist studios and accessory dwelling units (provided the accessory dwelling unit shall not front upon any street).

Brew pub.

Caterer.

Cultural facility.

Dwellings (when located above the ground floor).

Educational institution—Private.

Educational institution—Public.

Food store establishment (with hours of operation between 6:00 a.m. and 12:00 midnight).

Neighborhood garden.

Office (when located above the ground floor).

Residential care home—Category I (when located above the ground floor and subject to the requirements of Section 6-4-4, "Residential Care Homes and Residential Residential Care Homes," of this Title).

Restaurant—Type 1.

Retail goods establishment.

Retail services establishment.

(Ord. No. 43-O-93; amd. Ord. 39-O-95; Ord. No. 77-O-10, § 2, 12-13-10; Ord. No. 81-O-14, § 30, 8-11-2014; Ord. No. 105-O-18, § 3, 10-8-2018; Ord. No. 17-O-22, § 2, 3-28-2022)

The following uses may be allowed in the B1 district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title:

Mixed-use market (provided the use does not exceed seven thousand five hundred (7,500) square feet).

Office (at the ground floor).

Restaurant—Type 2.

(Ord. No. 48-O-21, § 7, 5-10-2021; Ord. No. 17-O-22, § 3, 3-28-2022; Ord. No. 69-O-23, § 5, 7-24-2023)

The following uses may be allowed in the B1 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title:

Administrative review uses, pursuant to Section 6-3-5-16(B) "Applicable Uses."

Animal hospital.

Aquaponics.

Banquet hall.

Bed and breakfast establishments.

Boarding house.

Business or vocational school.

Convenience store.

Craft alcohol production facility.

Daycare center—Adult.

Daycare center—Child.

Daycare center—Domestic animal.

Dwelling—Multiple-family.

Dwelling—Single-family detached.

Food store establishment.

Funeral services excluding on-site cremation.

Government institutions.

Kennel.

Membership organization.

Micro-Distillery.

Mixed-use market (over seven thousand five hundred (7,500) square feet in size).

Open sales lot.

Planned development.

Performance entertainment venue.

Public utility.

Religious institution.

Resale establishment.

Residential care home—Category II.

Urban farm, rooftop.

Uses permitted pursuant to Section 6-9-2-2 of this Chapter and this Section exceeding seven thousand five hundred (7,500) square feet.

(Ord. 48-0-08; amd. Ord. 122-O-09; Ord. No. 78-O-10, § 2, 11-8-10; Ord. No. 71-O-10, § 3, 10-25-10; Ord. No. 77-O-10, § 3, 12-13-10; Ord. No. 67-O-11, § 3, 9-12-2011; Ord. No. 129-O-12, § 3, 1-14-2013; Ord. No. 3-O-14, § 3, 2-10-2014; Ord. No. 56-O-14, § 3, 5-27-2014; Ord. No. 57-O-14, § 3, 6-9-2014; Ord. No. 81-O-14, § 4, 8-11-2014; Ord. No. 8-O-17, § 1, 4-24-2017; Ord. No. 105-O-18, § 4, 10-8-2018; Ord. No. 48-O-21, § 8, 5-10-2021; Ord. No. 38-O-23, § 2, 4-10-2023; Ord. No. 69-O-23, § 6, 7-24-2023)

The minimum lot size requirements for the B1 district are as follows:

(A)

Nonresidential: There is no minimum lot size requirement for nonresidential uses in the B1 business district.

(B)

Residential: The minimum residential lot size in the B1 district is two thousand five hundred (2,500) square feet, per dwelling unit.

(Ord. No. 43-O-93)

There is no minimum lot width requirement in the B1 district.

(Ord. No. 43-O-93)

The maximum floor area ratio permitted in the B1 district is 2.0.

(Ord. No. 43-O-93)

The yard requirements for the B1 district are as follows:

(Ord. 13-O-05)

The maximum building height in the B1 district is forty (40) feet.

(Ord. No. 43-O-93)

(A)

The B2 business district is designed to accommodate and encourage the continued viable use of older, pedestrian oriented shopping areas found throughout the City primarily at arterial roadway intersections and, in some cases, near mass transit facilities. This zoning district encompasses the City's oldest shopping areas whose pedestrian orientation and character it wishes to preserve.

(B)

These shopping and business areas are primarily neighborhood oriented, however, they can also accommodate specialty stores and service facilities that service a larger market area. The established physical pattern of the district is typically buildings built to the front lot line and continuous bands of storefronts. The provisions of this district are intended to maintain pedestrian character.

(C)

Uses in the B2 district may include businesses catering to the daily shopping needs of neighborhood residents, specialty stores that provide retail opportunities that have broader market appeal, retail service uses and professional service uses, offices and financial institutions without drive-up facilities. No individual use in this district should exceed twenty thousand (20,000) square feet in size.

(Ord. No. 43-O-93)

The following uses, provided they are twenty thousand (20,000) square feet or less in size, are permitted in the B2 district:

Artist studios and accessory dwelling units (provided the accessory dwelling unit shall not front upon any street).

Brew pub.

Caterer.

Cultural facility.

Dwellings (when located above the ground floor).

Educational institution—Private.

Educational institution—Public.

Financial institution.

Food store establishment (with hours of operation between 6:00 a.m. and 12:00 midnight).

Governmental institutions.

Live-work units (subject to the general requirements of Section 6-4-13 of this Title).

Neighborhood garden.

Office (when located above the ground floor).

Religious institution.

Residential care home—Category I (when located above the ground floor and subject to the requirements of Section 6-4-4, "Residential Care Homes and Residential Residential Care Homes," of this Title).

Restaurant—Type 1.

Retail goods establishment.

Retail services establishment.

(Ord. No. 43-O-93; amd. Ord. 39-O-95; Ord. No. 81-O-14, § 31, 8-11-2014; Ord. No. 105-O-18, § 5, 10-8-2018; Ord. No. 82-O-21, § 2, 9-13-2021; Ord. No. 17-O-22, § 4, 3-28-2022)

The following uses may be allowed in the B2 district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title:

Commercial indoor recreation.

Mixed-use market (provided the use does not exceed seven thousand five hundred (7,500) square feet).

Office (at the ground floor).

Restaurant—Type 2.

(Ord. No. 48-O-21, § 9, 5-10-2021; Ord. No. 17-O-22, § 5, 3-28-2022; Ord. No. 69-O-23, § 7, 7-24-2023)

The following uses may be allowed in the B2 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title:

Administrative review uses, pursuant to Section 6-3-5-16(B) "Applicable Uses".

Animal hospital.

Aquaponics.

Assisted living facility.

Banquet hall.

Boarding house.

Business or vocational school.

Cannabis craft grower.

Cannabis dispensary (subject to the general requirements of Section 6-4-11 of this Title).

Cannabis infuser.

Cannabis transporter.

Commercial outdoor recreation.

Convenience store.

Craft alcohol production facility.

Daycare center—Adult (subject to the general requirements of Section 6-4-3, "Adult Daycare Homes," of this Title).

Daycare center—Child (subject to the general requirement of Section 6-4-2, "Child Daycare Homes," of this Title).

Daycare center—Domestic animal.

Drive-through facility (accessory or principal).

Dwelling—Multiple-family.

Food store establishment.

Funeral services excluding on-site cremation.

Independent living facility.

Kennel.

Long-term care facility.

Membership organization.

Micro-Distillery.

Mixed-use market (over seven thousand five hundred (7,500) square feet in size).

Open sales lot.

Planned development (subject to the requirements of Section 6-9-1-9, "Planned Developments," of this Chapter and Section 6-3-6, "Planned Developments," of this Title).

Public utility.

Resale establishment.

Residential care home—Category II (subject to the requirements of Section 6-4-4, "Residential Care Homes and Residential Residential Care Homes," of this Title).

Retirement home.

Retirement hotel.

Sheltered care home.

Tattoo and body art establishment (subject to the general requirements of Section 6-4-12 of this Title).

Trade contractor (provided there is no outside storage).

Transitional treatment facility—Category III (subject to the requirements of Section 6-4-5, "Transitional Treatment Facilities," of this Title).

Urban farm, rooftop.

Uses permitted pursuant to Sections 6-9-3-2 of this Chapter and this Section exceeding twenty thousand (20,000) square feet.

(Ord. No. 43-O-93; amd. Ord. 39-O-95; Ord. 58-O-02; Ord. 114-O-02; Ord. 122-O-09; Ord. No. 78-O-10, § 3, 11-8-10; Ord. No. 71-O-10, § 4, 10-25-10; Ord. No. 67-O-11, § 4, 9-12-2011; Ord. No. 129-O-12, § 4, 1-14-2013; Ord. No. 3-O-14, § 4, 2-10-2014; Ord. No. 56-O-14, § 4, 5-27-2014; Ord. No. 57-O-14, § 4, 6-9-2014; Ord. No. 81-O-14, § 5, 8-11-2014; Ord. No. 8-O-17, § 2, 4-24-2017; Ord. No. 105-O-18, § 6, 10-8-2018; Ord. No. 126-O-19, § 12, 10-28-2019; Ord. No. 31-O-20, § 10, 2-24-2020; Ord. No. 3-O-21, § 13, 1-25-2021; Ord. No. 48-O-21, § 10, 5-10-2021; Ord. No. 69-O-23, § 8, 7-24-2023)

(A)

Nonresidential: There is no minimum lot size requirement for nonresidential uses in the B2 district.

(B)

Residential: The minimum residential lot size in the B2 district is four hundred (400) square feet for each dwelling unit.

(Ord. No. 43-O-93)

There is no minimum lot width requirement in the B2 district.

(Ord. No. 43-O-93)

The maximum permitted floor area ratio in the B2 district is 2.0.

(Ord. No. 43-O-93)

The yard requirements for the B2 district are as follows:

(Ord. 13-O-05)

The maximum building height in the B2 district is forty-five (45) feet.

(Ord. No. 43-O-93)

The B3 business district is intended to provide for higher density business development at compact locations adjacent to mass transit facilities that can support intense business uses and accommodate greater building heights than the B1 or B2 business districts. The district reflects established uses and should provide for appropriate infill and redevelopment at such locations.

(Ord. No. 43-O-93)

The following uses are permitted in the B3 district:

Artist studios and accessory dwelling units (when the accessory dwelling unit is located above the ground floor).

Brew pub.

Caterer.

Commercial indoor recreation.

Cultural facility.

Dwellings (when located above the ground floor).

Educational institution—Private.

Educational institution—Public.

Financial institution.

Food store establishment (with hours of operation between 6:00 a.m. and 12:00 midnight).

Government institution.

Live-work units (subject to the general requirements of Section 6-4-13 of this Title).

Neighborhood garden.

Office (when located above the ground floor).

Residential care home—Category I (when located above the ground floor and subject to the requirements of Section 6-4-4, "Residential Care Homes and Child Residential Care Homes," of this Title).

Restaurant—Type 1.

Retail goods establishment.

Retail services establishment.

(Ord. No. 43-O-93; amd. Ord. 39-O-95; Ord. No. 77-O-10, § 4, 12-13-10; Ord. No. 81-O-14, § 32, 8-11-2014; Ord. No. 105-O-18, § 7, 10-8-2018; Ord. No. 82-O-21, § 3, 9-13-2021; Ord. No. 17-O-22, § 6, 3-28-2022)

The following uses may be allowed in the B3 district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title:

Mixed-use market (provided the use does not exceed seven thousand five hundred (7,500) square feet).

Office (at the ground floor).

Restaurant—Type 2.

(Ord. No. 48-O-21, § 11, 5-10-2021; Ord. No. 17-O-22, § 7, 3-28-2022; Ord. No. 69-O-23, § 9, 7-24-2023)

The following uses may be allowed in the B3 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title:

Administrative review uses, pursuant to Section 6-3-5-16(B) "Applicable Uses".

Animal hospital.

Aquaponics.

Assisted living facility.

Automobile service station.

Banquet hall.

Boarding house.

Business or vocational school.

Cannabis craft grower.

Cannabis dispensary (subject to the general requirements of Section 6-4-11 of this Title).

Cannabis infuser.

Cannabis transporter.

Commercial outdoor recreation.

Commercial parking lots.

Convenience store.

Craft alcohol production facility.

Daycare center—Adult (subject to the general requirements of Section 6-4-3, "Adult Daycare Homes," of this Title).

Daycare center—Child (subject to the general requirements of Section 6-4-2, "Child Daycare Homes," of this Title).

Daycare center—Domestic animal.

Drive-through facility (accessory or principal).

Dwelling—Multiple-family.

Food store.

Funeral services excluding on-site cremation.

Independent living facility.

Kennel.

Long-term care facility.

Membership organization.

Micro-Distillery.

Mixed-use market (over seven thousand five hundred (7,500) square feet in size).

Open sales lot.

Planned development (subject to the requirements of Section 6-9-1-9, "Planned Developments," of this Chapter and Section 6-3-6, "Planned Developments," of this Title).

Public utility.

Recording studio.

Religious institution.

Resale establishment.

Residential care home—Category II (subject to the requirements of Section 6-4-4, "Residential Care Homes and Child Residential Care Homes," of this Title).

Retirement home.

Retirement hotel.

Sheltered care home.

Tattoo and body art establishment (subject to the general requirements of Section 6-4-12 of this Title).

Trade contractor (provided there is no outside storage).

Transitional shelters (subject to the requirements of Section 6-3-5-11, "Additional Standards for a Special Use for Transitional Shelters," of this Title).

Transitional treatment facility—Category III (subject to the requirements of Section 6-4-5, "Transitional Treatment Facilities," of this Title).

Urban farm, rooftop.

(Ord. No. 43-O-93; amd. Ord. 39-O-95; Ord. 58-O-02; Ord. 114-O-02; Ord. 122-O-09; Ord. No. 78-O-10, § 4, 11-8-10; Ord. No. 71-O-10, § 5, 10-25-10; Ord. No. 77-O-10, § 5, 12-13-10; Ord. No. 67-O-11, § 5, 9-12-2011; Ord. No. 129-O-12, § 5, 1-14-2013; Ord. No. 113-O-13, § 2, 11-11-2013; Ord. No. 3-O-14, § 5, 2-10-2014; Ord. No. 56-O-14, § 5, 5-27-2014; Ord. No. 57-O-14, § 5, 6-9-2014; Ord. No. 81-O-14, § 6, 8-11-2014; Ord. No. 8-O-17, § 3, 4-24-2017; Ord. No. 105-O-18, § 8, 10-8-2018; Ord. No. 126-O-19, § 13, 10-28-2019; Ord. No. 31-O-20, § 11, 2-24-2020; Ord. No. 3-O-21, § 14, 1-25-2021; Ord. No. 48-O-21, § 12, 5-10-2021; Ord. No. 69-O-23, § 10, 7-24-2023)

(A)

Nonresidential: There is no minimum lot size requirement for nonresidential uses in the B3 district.

(B)

Residential: The minimum residential lot size in the B3 district is four hundred (400) square feet for each dwelling unit.

(Ord. No. 43-O-93)

There is no minimum lot width requirement in the B3 district.

(Ord. No. 43-O-93)

The maximum permitted floor area ratio in the B3 district is 3.0.

(Ord. No. 43-O-93)

The yard requirements for the B3 district are as follows:

(Ord. 13-O-05; Ord. No. 113-O-13, § 3, 11-11-2013; Ord. No. 66-O-15, §§ 13, 14, 6-22-2015)

The maximum building height in the B3 district is eighty-five (85) feet.

(Ord. No. 43-O-93)

(A)

The B1a business district is designed to accommodate and encourage the continued viable use of neighborhood business districts and pedestrian oriented shopping areas found throughout the City primarily on arterial roadways and often adjacent to single-family residential areas.

(B)

These shopping and business areas are primarily neighborhood oriented, however, they can also accommodate specialty stores and service facilities that attract a larger market area. The established physical pattern of the district is typically buildings built to or near the front lot line and continuous bands of storefronts. The provisions of this district are intended to maintain pedestrian character and scale within the context of surrounding residential areas.

(C)

Uses in the B1a business district may include businesses catering to the daily shopping needs of neighborhood residents, specialty stores that provide retail opportunities that have broader market appeal, retail service uses and professional service uses, offices and financial institutions without drive-up facilities. No individual use in this district should exceed twenty thousand (20,000) square feet in size.

(Ord. 136-O-05)

The following uses, provided they are twenty thousand (20,000) square feet or less in size, are permitted in the B1a district:

Artist studios and accessory dwelling units (provided the accessory dwelling unit shall not front upon any street).

Brew pub.

Caterer.

Cultural facility.

Dwellings (above ground floor).

Educational institution—Private.

Educational institution—Public.

Financial institution.

Food store establishment (hours between 6:00 a.m. and 12:00 midnight).

Governmental institutions.

Live-work units (subject to the general requirements of Section 6-4-13 of this Title).

Neighborhood garden.

Office (when located above the ground floor).

Religious institution.

Residential care home—Category I.

Restaurant—Type 1.

Retail goods establishment.

Retail services establishment.

(Ord. 136-O-05; Ord. No. 81-O-14, § 33, 8-11-2014; Ord. No. 105-O-18, § 9, 10-8-2018; Ord. No. 82-O-21, § 4, 9-13-2021; Ord. No. 17-O-22, § 8, 3-28-2022)

The following uses may be allowed in the B1a district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title:

Commercial indoor recreation.

Mixed-use market (provided the use does not exceed seven thousand five hundred (7,500) square feet).

Office (at the ground floor).

Restaurant—Type 2.

(Ord. No. 48-O-21, § 13, 5-10-2021; Ord. No. 17-O-22, § 9, 3-28-2022; Ord. No. 69-O-23, § 11, 7-24-2023)

The following uses may be allowed in the B1a business district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title:

Administrative review uses, pursuant to Section 6-3-5-16(B) "Applicable Uses".

Animal hospital.

Aquaponics.

Banquet hall.

Cannabis craft grower.

Cannabis dispensary (subject to the general requirements of Section 6-4-11 of this Title).

Cannabis infuser.

Cannabis transporter.

Commercial outdoor recreation.

Convenience store.

Craft alcohol production facility.

Daycare center—Adult.

Daycare center—Child.

Daycare center—Domestic animal.

Drive-through facility (accessory or principal).

Dwelling—Multiple-family.

Food store establishment.

Funeral services, excluding on-site cremation.

Independent living facility.

Kennel.

Membership organization.

Micro-Distillery.

Mixed-use market (over seven thousand five hundred (7,500) square feet in size).

Planned development.

Public utility.

Resale establishment.

Tattoo and body art establishment (subject to the general requirements of Section 6-4-12 of this Title).

Trade contractor (provided there is no outside storage).

Urban farm, rooftop.

Uses permitted pursuant to Section 6-9-5-2 of this Chapter and this Section exceeding twenty thousand (20,000) square feet.

Vocational training facility.

(Ord. 136-O-05; amd. Ord. 122-O-09; Ord. No. 78-O-10, § 5, 11-8-10; Ord. No. 71-O-10, § 6, 10-25-10; Ord. No. 67-O-11, § 6, 9-12-2011; Ord. No. 129-O-12, § 6, 1-14-2013; Ord. No. 3-O-14, § 6, 2-10-2014; Ord. No. 56-O-14, § 6, 5-27-2014; Ord. No. 57-O-14, § 6, 6-9-2014; Ord. No. 81-O-14, § 7, 8-11-2014; Ord. No. 8-O-17, § 4, 4-24-2017; Ord. No. 105-O-18, § 10, 10-8-2018; Ord. No. 126-O-19, § 11, 10-28-2019; Ord. No. 31-O-20, § 12, 2-24-2020; Ord. No. 3-O-21, § 12, 1-25-2021; Ord. No. 48-O-21, § 14, 5-10-2021; Ord. No. 69-O-23, § 12, 7-24-2023)

The minimum lot sizes in the B1a business district are:

(A)

Nonresidential: There is no minimum lot size requirement for nonresidential uses in the B1a business district.

(B)

Residential: The minimum residential lot size in the B1a business district is nine hundred (900) square feet for each dwelling unit.

Any structure, legally established as of the effective date hereof, with a number of dwelling units that exceeds the maximum permitted under this Section, that is damaged or destroyed, by any means not within the control of the owner, to the extent of one hundred percent (100%) of the cost of replacement of such structure new, may be repaired or restored; provided however, that no repair or restoration shall be made that would create any new noncompliance not existing prior to such damage or destruction.

(Ord. 136-O-05)

There is no minimum lot width requirement in the B1a business district.

(Ord. 136-O-05)

The maximum floor area ratio permitted in the B1a business district is 2.0.

(Ord. 136-O-05)

The minimum yard requirements for the B1a business district are as follows:

(Ord. 136-O-05; amd. Ord. 43-O-09)

The maximum building height in the B1a business district is forty (40) feet or three (3) stories, whichever is less.

Any structure, legally established as of the effective date hereof, with a building height that exceeds the maximum permitted under this Section, that is damaged or destroyed, by any means not within the control of the owner, to the extent of one hundred percent (100%) of the cost of replacement of such structure new, may be repaired or restored; provided however, that no repair or restoration shall be made that would create any new noncompliance not existing prior to such damage or destruction.

(Ord. 136-O-05)