No building, structure, or land shall be used and no building or structure shall hereafter be erected, structurally altered, enlarged, or maintained except for one or more of the uses herein cited and subject to the conditions stated herein:

Antique stores.

Apparel stores.

Art and craft galleries and studios.

Bakeries, where not more than five persons are employed on the premises and where the products made are sold exclusively at retail on the premises.

Banks and credit unions.

Barber shops and beauty parlors.

Book, map, card and stationery stores.

Brewpubs and beer breweries.

Cafes, delicatessens, coffee shops and restaurants without alcoholic beverages.

Churches and similar places of worship.

Class 1 and Class 2 restaurants and Class 3 On-Premises Beer or Table Wine Retailers including sidewalk cafes.

Class 1 and Class 2 On-Premises Beer and Table Wine Retailers.

Class 3 Lounges.

Class 4 Lounges—Provided that such use shall be subject to each of the following restrictions:

(1)

(a)

A Class 4 Lounge shall not be located within 500 feet of a residential district.

(b)

Said distance shall be measured from the external boundary of the licensed premises of the Lounge, inclusive of any adjoining parking areas whether such areas are owned, leased or otherwise assigned to the Lounge, to the closest point of the residential district boundary.

(2)

(a)

A Class 4 Lounge shall not be located within 500 feet of a church, or public or private elementary or secondary school, nursery, kindergarten or day care center, except a Class 4 Lounge may be located within 500 feet of accessory day care centers located in office buildings.

(b)

Said distance shall be measured from the external boundary of the licensed premises of the Class 4 Lounge, inclusive of any adjoining parking areas whether such areas are owned, leased or otherwise assigned to the Class 4 Lounge, to any buildings within which such other uses are located.

(c)

The aforesaid distance restrictions from churches, schools, nurseries, kindergartens and day care centers shall not apply in the following enumerated cases: (i) where the licensed premises and the church or school, nursery, kindergarten or day care center front on different streets and do not have common exits or driveways providing access or adjoining property lines, or (ii) where the church, school, nursery, kindergarten or day care center was established after the licensed premises began operation and said operation has not been abandoned or discontinued for a period of six months.

Clubs.

Commercial and trade schools.

Commercially operated parking garages having at least two levels of parking.

Computer and telephone sales and service shops.

Computer programming, software design and web design services.

Confectionery stores.

Convenience stores.

Dance and music academies.

Drug stores.

Dry cleaning pick-up stations.

Florist shops.

Food kiosks and street vendors.

Grocery, health, and ethnic food stores.

Gymnasiums, reducing salons, fitness and exercise centers, health clubs and spas.

Hardware stores, gift shops, hobby shops and variety stores.

Home furnishings stores.

Hotels and bed & breakfasts.

Jewelry stores and watch repair shops.

Launderettes.

Locksmiths.

Medical, optical and dental offices and clinics for health professionals, excluding overnight care and ambulance services.

Municipal, county, state or federal uses and facilities.

Music and video stores.

Newsstands.

Newspaper offices.

Notions and dry goods stores.

Nurseries, kindergartens or day care centers for children.

Office supply stores.

Offices for accountants, architects, attorneys and other professionals; consumer service offices such as real estate agencies, insurance agencies, travel agencies and advertising agencies; and administrative offices.

Off-premises beer retailer and off-premises table wine retailer—Provided that such uses shall not be within 500 feet of a residential district as measured from the external boundaries of the property of said uses, nor within 500 feet of any buildings in which there is a church, or public or private elementary or secondary school, nursery, kindergarten or day care center. The aforesaid distance restrictions from churches, schools, nurseries, kindergartens or day care centers shall not apply in the following enumerated cases: (i) where the licensed premises and the church or school, nursery, kindergarten or day care center front on different streets and do not have common exits or driveways providing access or adjoining property lines, or (ii) where the church, school, nursery, kindergarten or day care center was established after the licensed premises began operation and said operation has not been abandoned or discontinued for a period of six months.

Performing arts centers.

Pet supply stores, excluding the sale of live animals.

Photography studios and photo retail sales.

Private schools.

Pub—Provided that such use shall be subject to each of the following restrictions:

(1)

(a)

A pub shall not be located within 500 feet of a residential district;

(b)

Said distance shall be measured from the external boundary of the licensed premises of the Pub, inclusive of any adjoining parking areas whether such areas are owned, leased or otherwise assigned to the Pub, to the closest point of the residential district boundary.

(2)

(a)

A pub shall not be located within 500 feet of a church, or public or private elementary or secondary school, nursery, kindergarten or day care center, except a pub may be located within 500 feet of a accessory day care centers located in office buildings.

(b)

Said distance shall be measured from the external boundary of the licensed premises of the pub, inclusive of any adjoining parking areas whether such areas are owned, leased or otherwise assigned to the pub, to any buildings within which such other uses are located.

(c)

The aforesaid distance restrictions from churches, schools, nurseries, kindergartens and day care centers shall not apply in the following enumerated cases: (i) where the licensed premises and the church or school, nursery, kindergarten or day care center front on different streets and do not have common exits or driveways providing access or adjoining property lines, or (ii) where the church, school, nursery, kindergarten or day care center was established after the licensed premises began operation and said operation has not been abandoned or discontinued for a period of six months.

Quick copy or print shops.

Radio and television studios but not including broadcast towers.

Radio, television and appliance stores and repair shops.

Residential dwelling units—Provided such residential units occupy upper-story space within new or rehabilitated existing buildings having nonresidential uses on the street level and provided that such residential units contain at least 800 square feet and are in compliance with all applicable regulations for habitable space. All such residential uses shall have an entrance separate from the nonresidential uses on the street level unless the entrance to the building opens into a lobby from which access to each use originates.

Shoe stores, shoe repair shops and tailor shops.

Social, social service, union and civic organizations.

Sound and video recording studios.

Sporting goods shops.

Telephone answering services and telemarketing services.

Upholstering shops employing not more than five persons.

Other uses that are similar to and fit within one of the above categories but not including (1) off-premises liquor retailers, (2) new commercially operated surface parking lots, (3) tattoo and body piercing parlors, (4) flea markets, (5) gasoline service stations, (6) car wash facilities or (7) storage facilities. No use shall be permitted which is not in harmony with the character of the district and with the specifically enumerated uses by reason of noise, odor, dust, dirt, gases, vibration, fire and explosive hazards. It is further stipulated that no exterior storage of wares, goods or materials shall be permitted within this district.

(Ord. No. 06-1201, § 1, 1-25-2007 Ord. No. 07-401, § 4, 6-14-2007)

Due to the historic nature of this district as a retail, office and residential area, with buildings abutting the sidewalks and sharing party walls, the following density requirements shall apply:

26.2.1. Front yards. None required and none permitted, except:

(1)

A National Register listed building moved from its original site may retain its existing setback to a maximum of ten feet; or

(2)

Parking garages using the landscaped setback option rather than the street level wall requirements.

All open space on a site not covered by building, parking or sidewalks shall be landscaped according to the applicable provisions of Section 26.5—Landscaping Requirements.

26.2.2. Side and rear yards. None required except where a side or rear lot line abuts a residential district. In that case, there shall be provided a side or rear yard equal to twice the height of the tallest portion of the rear building wall, of which the first ten feet along the district boundary shall be planted and maintained as a landscape buffer as specified in section 26.5.2. The remaining setback may be landscaped or used for a driveway or parking.

26.2.3. Height.

(1)

Maximum height for new construction is limited to ten stories and 150 feet above the sidewalk on which it fronts; however, where the property abuts a residential zoning district or is across the street from residentially zoned land, then the maximum height shall be two stories and 30 feet.

(2)

Elevator shafts and similar structural elements not intended as places of occupancy or storage; heating, ventilating and air conditioning equipment; solar collectors; communication and transmission devices and similar mechanical fixtures may extend above the roof if they conform to the following requirements:

(a)

No more than one-third of the roof area may be used for such features;

(b)

These fixtures must be set back from the edge of the roof a minimum distance of two feet for every foot by which they extend above the roof surface up to a maximum height of 15 feet; and

(c)

All such roof fixtures must be screened by an architectural structure compatible in material and design with the main body of the building.

(Ord. No. 06-1201, § 1, 1-25-2007)

26.3.1. Off-street parking is not required in the Central Business C-B District; however, where off-street parking and vehicular use areas are provided, lighting is required in accordance with Section 71.6—PVA Lighting Requirements. Off-street loading and vehicle standing space shall be provided as required in Article 70 hereof. No surface parking or vehicular drive parallel to the street shall be permitted between a building and any street on which it has frontage.

26.3.2. Five or more surface parking spaces must be screened from streets, pedestrian areas, and sidewalks according to the provisions of Section 26.5.1 and Section 26.5.2.

26.3.3. Surface parking shall utilize alleys for ingress and egress. A curb cut from a public street will be allowed only if alternative access is not available.

26.3.4. No more than 15 percent of a building site or other tract may be utilized for surface parking. If additional spaces are needed, they shall be provided within the building itself or within a parking garage.

26.3.5. All parking surfaces and unpaved driveways shall be curbed along their perimeters.

26.3.6. Parking garages erected within the district shall comply with the following requirements:

(1)

All street level garage frontages shall provide commercial space equivalent to 75 percent of the linear frontage of street frontage, exclusive of driveways; such commercial space shall be a minimum of 18 feet deep as measured from the facade of the building;

or

The garage must have a landscaped setback of ten feet, planted and maintained as required by Section 26.5.2—General Landscape Requirements.

(2)

Vehicular driveways shall be sited and designed so as to create the least hazard to pedestrians, and curb cuts shall not exceed 25 percent of any street frontage greater than 160 feet.

(3)

The ground floor facade should be differentiated from the upper levels to further enhance the continuity of the street wall and shall comply with the provisions of Section 26.4.1—Street Level Walls.

(4)

Sloping floor levels shall not be revealed or implied by the exterior design of the garage elevations.

(5)

Parked cars shall be screened from public view.

(6)

Facades should be designed to be compatible with the surrounding buildings in terms of scale, color and texture of materials, form and massing, and design detailing.

(Ord. No. 06-1201, § 1, 1-25-2007)

The Central Business C-B District is intended to create a stable urban core that will preserve and enhance the many historic buildings while adding new buildings that will expand and contribute to the low scale, small town, urban environment that makes the downtown attractive for pedestrians. Every effort should be made to preserve and renovate the historic structures and to create new infill construction that is compatible with the old in terms of scale, proportion, materials, design and function without being imitative. The Central Business C-B District is perceived as being a very specialized sector of the city, one that combines private and governmental businesses with entertainment and tourism while encouraging high density residential development as an integral part of the mix. The regulations that follow focus on those aspects of development that are essential to the creation of a center that attracts people, who in turn provide the vitality that makes the downtown successful.

26.4.1. Street level walls. The purpose of the street level wall requirement is twofold. The first goal is to promote the establishment of a variety of retail, service and entertainment type businesses for the convenience of the office, residential, and tourist populations in the downtown area. The second aim is to promote pedestrian use and activity and to encourage a higher degree of street life and vitality in the downtown. Retailing is enhanced by having transparent store fronts abutting the sidewalk and by assembling a critical mass of continuous retail activities along adjoining streets.

(1)

The front facade of all new buildings shall be oriented toward a public street as shall the principle entrances.

(2)

Doorways shall be recessed into the building interior to a depth sufficient to separate sidewalk traffic from outwardly opening doors, to create focal interest, and to punctuate the street wall.

(3)

To maintain consistency with the existing historic streetscapes, new construction shall utilize natural materials for the exterior cladding of all visible wall surfaces. Acceptable materials include, but are not limited to, brick, stone, concrete stucco, terra cotta, recast concrete and glass. Synthetic and imitation materials as well as metal, aluminum, vinyl and plastic materials are not acceptable.

(4)

To create an animated streetscape, at least 50 percent of the street level walls shall be windows and doorways. An unbroken expanse of solid or blank wall shall not exceed 20 linear feet. Devices suitable to break such a wall span include street art, fountains, plazas, trees and landscaping, pedestrian furniture and the introduction of variety in materials, texture, color and/or pattern of wall materials.

(5)

Street level commercial spaces should be configured as units 15 to 40 feet wide in order to stimulate visual interest, establish a predictable rhythm for pedestrians, and encourage the introduction of small retail and service businesses.

(6)

Windows located in street level walls, with the exception of stained glass windows, shall be transparent.

26.4.2. Utilities and mechanical units.

(1)

All power, communication and other wiring shall be located underground.

(2)

All exterior mechanical equipment, trash facilities, and loading areas shall be adequately screened as well as practicable so as not to be visible from any street or by pedestrians.

(Ord. No. 06-1201, § 1, 1-25-2007)

26.5.1. landscape buffers for surface parking. Buffer strips required to separate surface parking spaces from streets and pedestrian uses shall be landscaped in one of the following ways:

(1)

A five-foot wide planting bed having a continuous masonry wall between 30 and 42 inches high planted on the street side with at least one nondeciduous vine or shrub for every ten feet of wall length and one small maturing tree for every 30 feet of wall length. Trees, shrubs and vines shall be evenly distributed along the length of the wall.

(2)

A five-foot bed having a hedge of a nondeciduous species, planted and maintained to form a continuous visual screen at least 30 inches high within one year of planting and one small maturing tree for every 30 linear feet of required planting bed. The bed shall be planted with an evergreen ground cover.

26.5.2. General landscape requirements.

(1)

Plant material used to fulfill these requirements must be provided with an adequate irrigation system which does not rely on drainage from the street, sidewalk, or buildings.

(2)

All plant material must conform to the current version of the "American Standard for Nursery Stock" published by the American Association of Nurserymen.

(3)

The owner of any lot that becomes vacant for any reason after the date of adoption of this article shall have 180 days to either secure a building permit and begin construction of a new building or landscape the first 15 feet adjoining the public right-of-way in accordance with Section 26.5.1.

(4)

The species of trees used must be consistent with adopted city ordinances concerning urban trees.

(5)

Maintenance of landscaping in a healthy, neat and attractive condition is the responsibility of the owner of the property. Specifically, all plant material shall be watered, fertilized, pruned, kept free from weeds and litter, and replaced if diseased, injured or dead in a manner consistent with good horticultural practices.

(6)

All landscaping shall be installed in accordance with Section 73.19—Installation of Landscaping.

(Ord. No. 06-1201, § 1, 1-25-2007)

Signs shall be permitted in accordance with the provisions of article 72—Sign control regulations.

(Ord. No. 06-1201, § 1, 1-25-2007; Ord. No. 21-46, § 1(Exh. A, § B.2.), 2-25-2021)