The CBD Central Business District is intended to be a distinct area containing a unique collection of retail shops, activities, and services that benefit from a synergistic relationship to one another. The district regulations are designed with a special focus on providing businesses that can flourish in an environment that is largely pedestrian-oriented. The district is also intended to provide special attention to ensure that the area's unique architectural and historical character is preserved either through the rehabilitation of existing buildings or the construction of buildings in a similar style and with a high attention to details.

(Code 2002, § 220-34)

In the CBD Central Business District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this chapter:

(1)

All principal uses permitted in the OS Office Service Districts.

(2)

Retail food establishments which supply groceries, fruits, vegetables, meats, dairy products, baked goods, confections, or similar commodities for consumption off the premises. Foodstuffs may be prepared or manufactured on the premises as an accessory activity if the sale of the product is limited to the retail store.

(3)

Retail businesses such as drug, variety, clothing, secondhand stores, dry goods, furniture, music, book, or hardware stores which supply commodities on the premises.

(4)

Personal service establishments which perform service on the premises, such as barber or beauty shops, repair shops for shoes, interior decorators, radio, television, jewelry, or photographic studios.

(5)

Fur- and dry-cleaning establishments, dealing directly with the customer and provided that nonflammable and odorless cleaning fluid or solvent is used.

(6)

Restaurants and taverns where the patrons are served while seated within a building occupied by such establishment, and wherein said establishment does not extend as an integral part of, or accessory thereto, any service of a drive-in restaurant or open-front store.

(7)

Theaters when completely enclosed.

(8)

Offices and office buildings of an executive, administrative, medical, or professional nature.

(9)

Public buildings including post offices, libraries, and governmental administrative offices.

(10)

Financial institutions.

(11)

Business schools, or private schools including, but not limited to, dance schools, music and voice schools, and art studios.

(12)

Newspaper offices, not including press operations.

(13)

Commercial recreational facilities including bowling alleys, billiard halls, and indoor skating rinks.

(14)

Buildings for public assembly.

(15)

Accessory structures customarily incident to the above permitted uses.

(16)

Other uses which are similar to the above and subject to the required conditions as noted in section 46-282.

(Code 2002, § 220-35; Ord. No. 560, § 2(220-35), 3-27-2017)

The following uses shall be permitted, subject to the conditions hereinafter imposed for each use:

(1)

Offices and showrooms of plumbers, electricians, decorators, or similar trades when the following conditions are met:

a.

Not more than 25 percent of the floor area of the building or part of the building occupied by said establishment shall be used for making, assembling, remodeling, repairing, altering, finishing, or refinishing its products or merchandise.

b.

The ground floor premises facing upon, and visible from, any abutting street shall be used only for entrances, offices, or display.

c.

All storage of materials on any land shall be within the confines of the building or part thereof occupied by said establishment.

(2)

Small-animal veterinary offices and pet shops provided that animals are kept entirely within the building at all times.

(3)

Off-street parking lots under the following terms and conditions:

a.

Parking lots shall be used solely for parking of private passenger vehicles.

b.

Where a parking lot adjoins a residential parcel of land, it shall be screened in accordance with the requirements of section 46-8.

c.

Where a parking lot adjoins a public right-of-way line, it shall be screened by either a five-foot wide buffer, landscaped in accordance with section 46-7, or a three-foot high wall construction of brick or stone. Such walls shall be set back at least five feet from any entrance drives.

d.

Parking lots shall be constructed and maintained in accordance with the requirements of article XVII.

(4)

To encourage and provide for the economic vitality of the Central Business District, residential occupancy shall be permitted in buildings of two stories in height or greater.

a.

No dwelling unit shall occupy any portion of the building at ground level or below ground level. Businesses may occupy any number of total floors.

b.

In those instances where residential uses are proposed to occupy the same floor as a business use the planning commission shall review such mixed use and may approve such mixed use based on findings that compatibility of the business with residential occupancy will occur. Such findings may include but are not limited to:

1.

Compatible hours of operation.

2.

Noise of operation or occupancy that would be detrimental to the business operation or vice-versa.

3.

Excessive foot traffic.

c.

A use once established shall not require planning commission review when a change of occupancy occurs provided such change of occupancy is to the same or a similar type of use.

d.

Each dwelling unit shall have a minimum floor area as follows:

1.

Efficiency dwelling unit: 350 square feet.

2.

One-bedroom dwelling unit: 600 square feet.

3.

Two-bedroom dwelling unit: 800 square feet.

4.

Three-bedroom dwelling unit: 1,000 square feet.

e.

Each dwelling unit shall comply with all building codes.

(5)

In the interest of promoting business by increasing activity and improving the general business climate, the building inspector or his designee may issue revocable permits to businesses that apply for a permit to operate a sidewalk cafe as an extension of, or compatible with, the existing business on a portion of a city sidewalk adjacent to the business. The permit may be issued under the following terms and conditions:

a.

In the CBD District, sidewalk cafe permits shall be issued if the zoning administrator or his designee determines the occupancy will not:

1.

Interfere with the use of the street for pedestrian or vehicular travel.

2.

Unreasonably interfere with the view of, access to, or use of property adjacent to said street.

3.

Reduce any sidewalk width to less than five feet.

4.

Interfere with street cleaning or snow removal activities.

5.

Cause damage to the street or to sidewalks, trees, benches, landscaping, or other objects lawfully located therein.

6.

Cause a violation of any state or local laws.

7.

Be used for off-premises advertising.

8.

Be attached to or reduce the effectiveness of or access to any utility pole, sign, or other traffic control device.

9.

Cause increased risk of theft or vandalism.

10.

Be adjacent to property zoned for single-family residential use.

b.

All businesses selling food or beverages to be consumed in a public sidewalk area adjacent to the business shall enclose the area with a temporary structure approved by the zoning administrator. Prior to approval, written plans shall be submitted to the zoning administrator. All construction shall conform with existing building codes and regulations of the city and shall not be permanent. Such plans shall also include the location of adequate trash receptacles.

c.

Prior to the issuance of a sidewalk cafe permit the applying business must provide the city with a certificate of liability insurance in an amount to be determined solely by the city. The certificate of insurance must be in effect for at least the period of the permit to be issued. In addition, the applying business shall, by written agreement with the city, indemnify and hold harmless the city from all claims or damages incident to the establishment and operation of a sidewalk cafe.

d.

The period of a sidewalk cafe permit shall not exceed 210 days. The dates and duration shall be specified on the permit. The permit shall be subject to immediate revocation for failure to properly maintain the area being used as a sidewalk cafe, or for any other violation of this chapter.

(6)

State-licensed child care facilities, when the following conditions are met:

a.

The outdoor play space shall have a total minimum area of not less than 1,200 square feet for up to six children.

b.

There shall be provided and maintained an additional area of 100 square feet of outdoor play space for each child licensed in the facility in excess of six.

c.

All play areas shall be enclosed by a solid screen wall or fence, at least five feet in height. Chain-link or wire fences are not permitted.

d.

At least one off-street pick up and drop off space shall be provided for children entering or leaving the facility between the hours of 6:00 a.m. and 8:00 p.m. Such space shall have unobstructed access to the door of the building.

(7)

Motels/hotels where, by prearrangement and for definite periods of time, transient guests are provided a sleeping room in return for payment, shall be permitted subject to the following conditions:

a.

At least one parking space is provided for each room either on the site or within 300 feet of the site.

b.

24 hour local management is provided when one or more of the rooms are occupied.

c.

No guest shall establish permanent residence at a motel/hotel for more than 60 consecutive days within any calendar year.

(8)

Accessory structures customarily incidental to the above permitted uses subject to the following conditions:

a.

Accessory structures are permitted in a rear yard only.

b.

An accessory structure must be located directly behind the building containing the principal use to which it is associated.

c.

No more than one accessory structure per parcel shall be permitted.

d.

Accessory structures may not obstruct or in any way interfere access to a building.

e.

Accessory structures cannot be located on or in a trailer or other mobile device.

f.

Accessory structures must be completely enclosed.

g.

Accessory structures must be aesthetically compatible with the general character of the central business district.

(9)

Warehouse and storage facilities when incidental to and physically connected with any principal use permitted, provided that such facility is located within the confines of the building or part thereof occupied by said establishment.

(Code 2002, § 220-36; Ord. No. 540, § 1, 10-8-2012; Ord. No. 556, § 1, 1-11-2016; Ord. No. 560, § 2(220-36), 3-27-2017)

(a)

Unless otherwise provided in this chapter, all business, servicing, or processing except for off-street parking or loading, shall be conducted within completely enclosed buildings.

(b)

All business establishments shall be retail or service establishments dealing directly with consumers.

(c)

All goods produced on the premises shall be sold at retail from premises where produced.

(d)

Outdoor storage of commodities shall be expressly prohibited.

(e)

All permitted uses shall be subject to article XVIII of this chapter and other applicable sections of this chapter.

(f)

See article XVI of this chapter, limiting the height and bulk of buildings, the minimum size of lot by permitted land use, maximum density permitted, and minimum yard setback requirements.

(Code 2002, § 220-37; Ord. No. 560, § 2(220-37), 3-27-2017)