Intent.

This zone is intended to encompass that portion of the City which constitutes the in-town historic shopping and tourist area. The area within the District is subject to the requirements of the underlying zoning district, the Historic Overlay District, if within its defined area, and the requirements of this Historic Shopping District.

Principal Permitted Uses

See uses listed in the underlying district.

Uses Permitted Subject to issuance of a Conditional Use Permit using the review and evaluation criteria of Section 5.460. See the uses listed for the underlying district.

Uses Permitted Subject to issuance of a Conditional Use Permit using review and evaluation criteria in Sections 5.460 and 5.461. Any Standardized Business may be located in the Historic Shopping District subject to a Conditional Use Permit as provided in Section 5.400 using the review and evaluation criteria set forth in Sections 5.460 and 5.461.

For the purpose of this section, the following definitions shall apply:

A.

Historic Shopping District shall be all properties generally located between Elk Street and Acorn Street including the properties fronting on both sides of Acorn Street, and between San Antonio Street including the properties fronting on both sides of such street, and Austin Street including the properties fronting on both sides of such street, as they are depicted on the map of the area attached to this ordinance.

B.

Standardized Business shall mean a business which is required by contractual or other arrangement or affiliation to maintain one or more of the following items: standardized ("formula") array of services and/or merchandise, trademark, logo, signs, service mark, symbol, decor, architecture, layout, uniform, menu, or similar standardized features and which causes it to be substantially identical to more than ten other businesses regardless of ownership or location at the time the application therefor is completed. Standardized Businesses can include, but are not limited to: restaurants, retail stores, banks, sales offices, spas, hair and nail salons, art galleries, and hotel/motel/inn/short-term rental establishments. A statement made under oath, and subject to penalties for perjury concerning the status as a standardized business shall be submitted with the application for Conditional use permit, along with any other reasonable proof required by the person administering the City's Zoning ordinance.

Property Development Standards.

Except as hereinafter provided, no building or structure or part thereof shall be erected, altered or converted for any use permitted in this district unless it is in conformity with all the standards and regulations herein specified for lot area, lot width, lot depth, dwelling unit area, lot coverage, yards and building height. The following standards shall apply except in cases where a lot does not meet the standards herein required but was an official "lot of record" prior to the adoption of this ordinance. In such cases, the present dimension shall be maintained as a minimum standard until such time as the use is removed. The replacement shall meet the standards and regulations herein specified.

[A.]

Lot Area - The minimum lot area shall be as provided in any underlying zone or as may be required upon approval of a Conditional Use Permit.

B.

Lot Dimensions - Shall be as provided in any underlying zone, or as may be required upon approval of a Conditional Use Permit.

C.

Yards - Each lot shall have front, side and rear yards extending across the full widths and lengths of the lot as may be required in the underlying zone, or as may be required upon approval of a Conditional Use Permit.

D.

Height Regulations - Shall be as provided in the underlying zoning District.

E.

Fences, Walls and Visibility - Section 7.530.

F.

Parking - The standards of Section 7.800 shall apply.

G.

Temporary/Accessory Building Regulations - Section 8.000.

H.

Historic Preservation Ordinance.

I.

Signs - Sign Ordinance.

(Ord. No. 18-002, § 3.510, 4-21-2008; Ord. No. 19-005, § 3.510, 4-20-2009; Ord. No. 23-014, 9-16-2013; Ord. No. 2022-13, § 10(Exh. J), 3-21-2022; Ord. No. 2023-18, § 8H, 11-7-2023)