The C-2 Retail Business District is intended for the purpose of grouping retail merchandising activities into a concentrated area servicing the general shopping needs of the trade area. Principal permitted uses include department stores, apparel stores, general retail sales and services, and similar uses appropriate for comparison shopping. The grouping is intended to strengthen the business level of the central business activity.

(Ord. No. 4272, § 1(22-21.01), 4-7-2003)

In C-2 Retail Business District no building shall be used and no building or structure altered, enlarged or erected, which is arranged, intended or designed for other than one of the uses listed in section 50-542.

(Ord. No. 4272, § 1(22-21.02), 4-7-2003)

The following uses are permitted in the C-2 Retail Business District:

(1)

Adding machine and other small business machine repair, sales and service.

(2)

Amusement places.

(3)

Antique shops and stores, providing all merchandise is displayed and used inside a building.

(4)

Apparel and accessory stores.

(5)

Apartments on floors other than the ground floor.

(6)

Appliance stores.

(7)

Art, art supply stores, arts and crafts shops.

(8)

Artist studios.

(9)

Automobile parking lots and garages.

(10)

Bakery and pastry shops, retail only.

(11)

Banks and other saving and lending institutions.

(12)

Barbershops, beauty shops and chiropody, massage or similar personal services.

(13)

Books and stationery stores.

(14)

Business and technical schools, including schools for photography, dancing and music.

(15)

Cigar and tobacco stores.

(16)

Custom dressmaking, millinery, tailoring and similar trades.

(17)

Delicatessens and catering establishments.

(18)

Department stores.

(19)

Drug stores and prescription shops.

(20)

Dry goods and notion stores, including coin shops and fabric shops.

(21)

Electric appliance sales and repair shops.

(22)

Electric substations, telephone exchange and utility regulator stations.

(23)

Farm winery outlet.

(24)

Florist shops and garden shops, retail only.

(25)

Funeral home and mortuaries.

(26)

Furniture and home furnishing stores, retail only.

(27)

Government buildings, including churches.

(28)

Grocery, fruit and vegetable stores, retail only.

(29)

Hardware stores.

(30)

Hobby, stamp and coin shops.

(31)

Hotels and motels, including accessory uses.

(32)

Interior decorator's shop.

(33)

Jewelry and metal craft stores and shops.

(34)

Laundries and dry cleaning establishments.

(35)

Leather goods and luggage stores.

(36)

Libraries.

(37)

Lock and key shops.

(38)

Lumberyard.

(39)

Mail order catalog stores.

(40)

Manufacturing of arts and crafts for retail sale.

(41)

Medical, dental and health clinics.

(42)

Medical and orthopedic appliance stores.

(43)

Meeting halls and auditoriums, including union halls, Elk's Lodge, American Legion Home, VFW, Mason, etc.

(44)

Messenger and telecommunication services.

(45)

Music stores and studios, including repair shops.

(46)

Newspaper offices.

(47)

Portable concession stands subject to the detailed regulations of the city.

(48)

Printing shops and printing supply stores.

(49)

Newsstands.

(50)

Offices and office buildings.

(51)

Office supply and office equipment sales and service stores.

(52)

Optician and optometrist shops.

(53)

Paint, glass and wallpaper stores.

(54)

Parks and open spaces.

(55)

Pet shops.

(56)

Photographic equipment sales and supply stores.

(57)

Photographic studios.

(58)

Picture framing shops.

(59)

Restaurants and tearooms.

(60)

Real estate and insurance offices.

(61)

Rental storage units.

(62)

Self-service laundries and self-service dry cleaning establishments.

(63)

Sewing machine shops and stores.

(64)

Shoe stores.

(65)

Shoe repair and shoeshine shops.

(66)

Sporting and athletic goods stores.

(67)

Taverns.

(68)

Television and radio sales and service establishments.

(69)

Theaters.

(70)

Thrift shops.

(71)

Toy stores.

(72)

Travel bureaus.

(73)

Utility company offices.

(74)

Variety stores.

(75)

Watch and watch repair shops.

(76)

Accessory uses customarily incidental to the uses contained in subsections (1) through (75) of this section.

(77)

Residential use on the first floor may be allowed by special use permit when submitted, reviewed and approved by the board of zoning appeals and subject to such conditions as the board may impose and the following:

a.

Residential housing may be located in the rear half of the ground floor of a commercial building provided that the front half of the ground floor is used only for commercial use permitted in the C-2 District. Residential use is permitted up to but not exceeding 50 percent of the total ground floor space.

b.

The front half of the ground floor of a commercial building shall not be used for any residential purpose other than a required exit corridor. The space used for an exit corridor shall be counted towards the 50 percent maximum in subsection (77)a.

c.

Before a building permit and/or certificate of occupancy permit is issued, the property owner shall be required to provide the building official with stamped architectural or engineering plans for any commercial building that may contain a residential use including fire separation, smoke detection, interconnection and exits according to all City Codes. The percentage of floor area designated for residential and commercial uses may vary slightly depending on the architectural or engineering plans approved by the building official.

d.

Occupancy of the first floor residential housing unit is restricted to:

1.

The owner of the building; and

2.

The owner or manager of the front half commercial business.

(78)

The following use may be allowed by special use permit when submitted, reviewed and approved by the board of zoning appeals and subject to such conditions as the board may impose:

a.

Child care center.

(Ord. No. 4272, § 1(22-21.03), 4-7-2003; Ord. No. 4438, § 2, 6-5-2006; Ord. No. 4696, § 1, 5-2-2011; Ord. No. 4995, § 1, 7-5-2016)

No requirements except those to meet fire regulations.

(Ord. No. 4272, § 1(22-21.04), 4-7-2003)

No building shall exceed 60 feet in height except as otherwise provided in article XXV of this chapter.

(Ord. No. 4272, § 1(22-21.05), 4-7-2003)

(a)

Front. No front yard is required for any building in the C-2 Retail Business District.

(b)

Side. No side yard is required for any building in the C-2 Retail Business District.

(c)

Rear. All buildings erected after the effective date of the ordinance from which this chapter is derived shall provide a 15-foot rear yard.

(Ord. No. 4272, § 1(22-21.06), 4-7-2003)

All signs erected hereafter in this district shall conform to the precise plan of design required in section 50-576.

(Ord. No. 4272, § 1(22-21.08), 4-7-2003)

No parking required.

See article XXII of these regulations.

(a)

It is hereby found and declared that the city:

(1)

Is a natural setting of scenic and historical beauty;

(2)

This natural setting of scenic and historical beauty generates a strong characteristic for development of this city;

(3)

The city's locale in an area of beautiful scenic environment and historically significant location contributes a material economic advantage to the citizens, business and industry within the city and particularly to the property owners who reside therein; and

(4)

The development of the community in an orderly manner with compatible uses and appearance of structures within and between zones and with the natural environment is necessary to:

a.

Maintain property values;

b.

Encourage the permanency of desirable residential areas;

c.

Promote trade and commerce;

d.

Stimulate tourism; and

e.

Ensure a continuation of sound economic growth of the city and the well-being of its economy and its people.

(b)

While encouraging the broadest possible range of individual and creative design and without depriving a property owner of an efficient and full use thereof which is otherwise lawfully allowed, the use and development of property located within the downtown commercial district in the city shall be regulated by precise plans. A precise plan is found to be necessary to ensure that the nature and appearance of any use and development will be compatible and harmonious with the use and enjoyment of surrounding properties and will not have a material or substantially deleterious effect upon the historic, economic, social, and cultural well-being and development of the community for the peace, health, safety and general economic welfare of its habitants.

(Ord. No. 4272, § 1(22-21.07(1)), 4-7-2003)

No person shall modify the exterior appearance of any building or structure, nor shall any building permit be issued for the erection or modification of any building or structure, nor shall any sign be erected or placed in use, unless a precise plan of design describing said modification, erection or sign shall have been submitted and approved as stated in this division.

(Ord. No. 4272, § 1(22-21.07(3)), 4-7-2003)

A precise plan of design shall be drawn to scale of one inch equals 30 feet (1"= 30') or other scale acceptable to the design review board and shall specify and include:

(1)

The location, size, height and number of stories of all buildings and structures, including signs, walls and fences;

(2)

The location, size, dimensions of yards, courts and setbacks, and all other open spaces between buildings and structures;

(3)

The location, size, dimensions and type of construction of all driveways, parking areas, walkways and means of access, ingress and egress, and drainage;

(4)

The locations, dimensions and methods of improvement of all property to be dedicated to the public or public utilities; and

(5)

All exterior elevations and architectural features, the nature, texture and color of all materials to be used, including signs. The plan shall also include:

a.

The locations, type, and intensity of all exterior lighting; and

b.

The intent, location and nature of all landscaped areas and landscape materials.

(Ord. No. 4272, § 1(22-21.07(3)), 4-7-2003)

(a)

Purpose. To implement the intent and purpose of this article, the city council shall adopt appearance guidelines to be used in the review process for each precise plan of design submitted. These appearance guidelines shall set forth acceptable colors, materials and construction techniques for the C-2 Retail Business District. In order to facilitate development of the C-2 district, and to provide for unique and artistic designs for buildings, structures and signs therein, these appearance guidelines shall not be construed as mandatory requirements, but are only to present examples of acceptable design.

(b)

Applicability. In applying these appearance guidelines to precise plans of design submitted for approval, the city administrator and design review board shall consider:

(1)

The nature of specific uses and the requirements of utility with respect to the structures proposed for uses;

(2)

Site dimensions with relation to the structures proposed and the required utility thereof;

(3)

The adequacy and conformity and harmony of external design, colors, materials and architectural features with neighboring structures and natural environment;

(4)

The effect of the location and use of the improvements proposed on the parcel with improvements existing or permitted on neighboring sites;

(5)

The proximity of parcels to surrounding property zones for less dense use, particularly residential;

(6)

The relation of topography, grade and finish ground elevation of the site being improved to that of neighboring sites;

(7)

The proper facing of main elevation with respect to nearby streets and improvements on neighboring sites; and

(8)

Any other matter relevant to ensure the purpose specified in subsection (a) of this section.

(Ord. No. 4272, § 1(22-21.07(5)), 4-7-2003)

(a)

When required by section 50-576, a precise plan of design shall be filed with the city administrator for approval by the design review board.

(b)

When the precise plan of design, as filed, complies with all applicable conditions of this chapter, and further obviously complies with the appearance guidelines adopted by the city council, the city administrator may approve said plan on the design review board's behalf.

(c)

If the city administrator fails to approve a precise plan of design within ten calendar days of the filing date, the plan shall be considered by the design review board at a public hearing, to be held within 20 calendar days of the date of filing. Notice of the time and place of said hearing shall be given to all the owners and commercial tenants of land located within 100 feet of the property for which the precise plan of design is submitted, at least three days prior to said hearing.

(d)

At said hearing, the design review board shall review the precise plan of design and afford those present the opportunity to be heard on the merits of the plan. The design review board shall review the precise plan of design to ensure that the functional arrangement and the general appearance of the structure or sign conforms to the intent and purposes of this article and the appearance guidelines.

(e)

The precise plan of design, as submitted, may be disapproved, conditionally approved or modified if the design review board finds that the plan would:

(1)

Substantially depreciate property values in the vicinity;

(2)

Be substantially and materially incompatible with the natural environment and beauty of surrounding properties in the city in particular and the surrounding area in general;

(3)

Deter an orderly and attractive development of the community in general and surrounding property in particular;

(4)

Otherwise adversely affect the public peace, safety or general economic welfare; or

(5)

Not materially comply with the adopted guidelines and standards.

If none of these findings is made, the plan shall be approved.

(f)

If a precise plan of design is not approved, the design review board, within ten days of the termination of the public hearing thereon shall provide the applicant with a written statement of the decision and set forth therein the reasons for the decision.

(Ord. No. 4272, § 1(22-21.07(6)), 4-7-2003)

(a)

Any party aggrieved by the design review board's decision may appeal to the board of zoning appeals. The board of zoning appeals shall have the authority to reverse or remand a decision on appeal, only if it finds that:

(1)

The procedures specified in this article have not been properly applied; or

(2)

The decision by the design review board constitutes an abuse of discretion, or is arbitrary and capricious.

(b)

The applicant must file an appeal within 20 days of receipt of the design review board's written decision. Filing is complete when the applicant presents to the city administrator a written notice of appeal, stating precisely the grounds of appeal, together with a filing fee of $50.00, which fee shall be waived if the appellant is the city or an agency thereof.

(c)

A hearing on the appeal shall be held within 20 days of filing, and notice of the time and place of said hearing shall be given to the appellant, within ten days of the hearing.

(d)

A decision on the appeal shall be rendered, in writing, to the appellant, within ten days of the hearing.

(e)

The appeal procedure stated in the section shall be the exclusive procedure for appeal of a decision on a precise plan of design, notwithstanding any other provisions of this chapter.

(Ord. No. 4272, § 1(22-21.07(7)), 4-7-2003)

(a)

When the precise plan of design complies with all applicable conditions and limitations of this chapter, the design review board shall approve the plan without holding a public hearing. If the design review board does not approve the plan within ten days of the filing date, the design review board shall schedule the plan for a public hearing in accordance with the procedures of section 50-579.

(b)

For each precise plan of design requiring review by the design review board, a public hearing shall be held not more than 30 days from the date of filing. The design review board shall review the precise plan to ensure that the functional arrangement and the general appearance of the structure conforms to the intent and requirements of this article. The design review board may approve, disapprove, conditionally approve or modify the precise plan. The precise plan of design as submitted may be disapproved, conditionally approved or modified if the design review board or city council finds that the design would:

(1)

Substantially depreciate property values in the vicinity;

(2)

Be substantially and materially incompatible with the natural environment and beauty of surrounding properties in the city in particular and the surrounding area in general;

(3)

Deter an orderly and attractive development of the community in general and surrounding property in particular;

(4)

Otherwise adversely affect the public peace, safety or general economic welfare; or

(5)

Not materially comply with the adopted guidelines and standards.

A precise plan of design may be approved and adopted subject to the granting of a change of zone, variance or the approval of a final subdivision map. The planning commission may require an approved precise plan of design to be submitted prior to the granting of a zoning variance.

(c)

Within 30 days after the termination of the public hearing and if a precise plan of design is in any way rejected, conditionally approved or modified without the consent and approval of the applicant, the design review board shall by resolution render its decision and set forth the reasons for the action taken. The resolution is effective upon its adoption.

(d)

Not later than ten calendar days following the date the resolution is adopted a copy of the resolution shall be mailed to the applicant.

(e)

Within 20 days after the effective date of the resolution the applicant or any person or political entity aggrieved may appeal the design review board's decision to the board of zoning appeals.

(Ord. No. 4272, § 1(22-21.07(8)), 4-7-2003)