(a)   The CBD-1 Central Business District is designed to provide for a restricted variety of retail stores and business and consumer service establishments which most efficiently function from a central place in the community, and which serve the comparison shopping and service needs of a population encompassing the City and its environs.

   (b)   The District regulations are designed to provide for a centrally located major shopping and service complex which will be serviced with conveniently located off-street parking compounds and safe pedestrian movement, excluding those activities which are incompatible with the pedestrian orientation of the downtown area because of their introduction of truck traffic, auto-pedestrian conflict points and non-consumer oriented “dead spaces” within the downtown street frontage.

   (c)   The District regulations are further designed in recognition of the downtown area as a significant economic and community asset, and further to protect and promote the architecturally significant and historically significant buildings within the district and to establish a review procedure for new construction and major exterior renovations within the downtown area that seeks to promote and preserve the overall historic character of the district.

(Ord. 2712. Passed 8-1-78; Ord. 5192. Passed 1-6-98.)

   (a)   The following uses are generally permitted uses in the CBD-1 District:

      (1)   Retail Uses.

         A.   Antiques, without refinishing operations.

         B.   Apparel.

         C.   Art galleries and studios.

         D.   Bakery, retail with no drive-through facilities.

         E.   Bicycle sales, rental, and repair.

         F.   Barber shops.

         G.   Beauty shops.

         H.   Book stores, not including adult bookstores.

         I.   Collectibles.

         J.   Cafes, delis and coffee houses.

         K.   Camera and photography studios.

         L.   Computer stores.

         M.   Drug stores with no drive-through facilities.

         N.   Dry cleaner pick-up stations.

         O.   Eating establishments: Standard alcoholic beverage sales permitted but must be ancillary to dining area and sales.

         P.   Fitness instruction, including aerobics, dance, gymnastics, yoga, martial arts.

         Q.   Florists.

         R.   Fruit and vegetable markets.

         S.   Furniture stores.

         T.   General stores.

         U.   Gift/novelty stores.

         V.   Grocery stores.

         W.   Hardware stores.

         X.   Hobby/toys stores.

         Y.   Home decorating/interior design.

         Z.   Ice cream parlors.

         AA.   Jewelry.

         BB.   Musical recordings.

         CC.   Newsstands.

         DD.   Optical.

         EE.   Pet products and pet supplies.

         FF.   Shoes and shoe repair.

         GG.   Specialty food stores.

         HH.   Sporting equipment.

         II.   Stationery.

         JJ.   Video sales and rental, not including adult video store.

         KK.   Wine shop.

         LL.   Micro-breweries/micro-wineries.

         MM.   Brewpubs.

         A.   Architectural.

         B.   Accounting.

         C.   Advertising.

         D.   Commercial banks with no drive through facilities.

         E.   Dentists.

         F.   Doctors.

         G.   Employment agencies.

         H.   Engineering.

         I.   Financial planning.

         J.   Human and public relations.

         K.   Professional offices.

         L.   Insurance agents.

         M.   Legal.

         N.   Management, personnel services and public relations.

         O.   Real estate.

         P.   Security brokers.

         Q.   Tax services.

         A.   Governmental offices.

         B.   Libraries.

         C.   Parking lots.

         D.   Parks.

   (b)   The following special uses are subject to review in accordance with Chapter 1294.

      (1)   Drive-through facilities for ATMs at commercial banks.

      (2)   General stores producing merchandise to be sold at retail, provided that no more than five persons are employed on the premises in such production.

      (3)   Museums.

      (4)   Open-air markets.

      (5)   Outdoor seating areas for eating establishments, cafes, delis and coffee houses.

      (6)   Theaters, excluding adult drive-in theater, adult entertainment, adult entertainment business, or adult mini-motion picture theater.

      (7)   Household pet grooming as a principal use or an accessory use exclusive of animal boarding activities.

(Ord. 6578. Passed 3-15-16; Ord. 6643. Passed 4-18-17; Ord. 6869. Passed 2-16-21.)

   In accordance with the provisions of this chapter, the Planning Commission shall be furnished a site plan by the applicant, for a proposed development, in the following circumstances:

   (a)   When increasing the size, capacity or intensity of a use.

   (b)   When requesting a building permit for a new development.

   (c)   When requesting a demolition permit.

   (d)   When requesting a building permit for any exterior building rehabilitation project.

(Ord. 5192. Passed 1-6-98.)

   (a)   In its review, the Planning Commission shall inquire into the general nature and specific details of the application in order to determine whether or not the proposed activity and the results thereof will be appropriate to the preservation of Downtown Miamisburg within the intent of this chapter. In determining such appropriateness, the Planning Commission shall consider building setbacks, landscaping, building height, parking, the historical value, architectural value, unique character, architectural style, general design, texture and other visible external aspects relative to the other structures within Downtown Miamisburg, in order to protect and preserve the historic value and character of the surrounding structures or the surrounding area and to achieve the purposes of this chapter. In conducting its review, the Planning Commission may request from the applicant such additional information, sketches and data as are needed to clearly describe the nature of the proposed activity involving both new construction and modifications to existing structures to assure compliance with the following:

      (1)   Buildings shall be architecturally oriented toward the public street with the main entrance facing the public street. Buildings on double frontage lots may be oriented toward one or both streets.

      (2)   Building details such as corner boards, window trim, cornices, decorative details, and exterior colors shall reflect and support the architectural style and characteristics of the building and other similar buildings in the immediate vicinity. Original building materials should, to the maximum extent possible, be maintained and preserved in place.

      (3)   The scale of a building's proportions and the building's massing shall be similar in character to historically significant buildings directly adjacent to the subject building. Building facades shall appropriately relate to the proportion, scale, form, mass, window size, roof line, setback, material, and horizontal dimension of such surrounding structures.

      (4)   Architectural details that will change the character of the roof and structure are discouraged. Television antennae, satellite dishes, and other mechanical equipment (including air conditioning equipment) shall be placed on facades or on parts of the site that are not visible from a public right-of-way.

      (5)   Introducing roof shapes, pitches, or materials not traditionally associated with the area or established architectural style shall be prohibited.

      (6)   Additions and/or modifications to existing buildings shall be designed and constructed so that character-defining features of the building are not radically changed, obscured, damaged or destroyed.

      (7)   Building additions such as balconies, decks, exterior stairs, or any other similar elements shall be placed on non-character defining elevations such as the rear or side facade.

      (8)   Outdoor ground-level seating areas may be located in the front of a building, as approved by the Planning Commission.

      (9)   Overly simplified, unarticulated or non-characteristic buildings or addition(s) with no details shall be avoided particularly in areas where rich detailing and ornamentation are common characteristics. Buildings shall be the same height as the average height of existing buildings within the immediate vicinity and preserve the ratio of solids (walls) and voids (windows and doors) as they relate to and are compatible with adjacent historic facades. The Planning Commission may authorize slightly taller buildings on corner sites to create a focal point for the intersection.

      (10)   Modifications and/or additions to storefronts, generally defined as that portion of a building that faces a public street usually containing display windows and the main entrance of a building, shall:

         A.   Contain building elements which fit into the existing scale, mass and design features of the original building.

         B.   Maintain the existing size and placement of all window and door openings, door and window trim, bulkheads, knee walls or other building design elements.

         C.   Retain or replicate original building ornamentation and architectural features.

   (b)   The demolition of any principal building or structure within the CBD-1 District shall require approval by the Planning Commission prior to the issuance of a demolition permit. However, this provision shall not apply in those situations in which the public peace, health, safety or welfare require demolition for the purpose of abatement of nuisances or emergency as determined by the Chief Building Official.

   (c)   No minimum yards are required except in cases in which the proposed development directly abuts a residentially zoned area without street separation, in which case a side or rear yard shall be provided adjacent to the residential district, which shall meet the side or rear yard requirements of the adjacent residential district.

   (d)   Special uses shall comply with all pertinent development standards contained in Chapter 1296.

(Ord. 5192. Passed 1-6-98; Ord. 6392. Passed 6-4-13.)

   (a)   Unless otherwise noted, buildings and uses in the CBD-1 District shall comply with the following requirements:

      (1)   Maximum building height. There shall be no specific height limitation in the CBD-1 District. However, prior to the issuance of a building permit for any structure which is planned to exceed 35 feet in height, the Planning Commission shall make a finding that any such excessive height will not be detrimental to the public health, safety or welfare or to the historic character of the downtown area.

      (2)   All permitted retail or service establishments shall deal directly with customers. Manufacturing of products for wholesale distribution off of the premises is not permitted unless otherwise specifically permitted.

      (3)   All business, services or processing, except off-street parking and loading, shall be conducted within a completely enclosed building, unless otherwise specifically permitted.

      (4)   There shall be no outside storage/or display of any goods, inventory, or equipment.

      (5)   Parking or storage of damaged or disabled vehicles shall be prohibited. Vehicles parked on a site shall not be used principally for storage, sales, or advertising.

   (b)   Floor Area Ratio. In the CBD-1 District, the floor area ratio shall not exceed 6.0. However, where building floors which meet the established basic floor area ratio of 6.0 are set back from one or more lot lines, floor area ratio premiums may be added to such basic floor area ratios in accordance with each one of the following:

      (1)   On any zoning lot where the first story above grade is set back at least 20 feet from the lot line for the entire frontage of the zoning lot on a public street, a premium of 1.5 for each such street setback may be added to the basic floor area ratio, provided that the lot area within each 20-foot setback shall be suitably paved and/or landscaped and otherwise unobstructed, except for columns or piers supporting upper stories or a roof. However, if, in addition to the first story, all other stories above grade shall be so set back for at least 20 feet, such premium may be increased to 2.0 for such street setback.

      (2)   On any zoning lot where the building from ground level up is set back from one or more lot lines, a premium equal to two times the open area of the lot at ground level, divided by the gross lot area, may be added to the basic floor area ratio. Such open area shall include all lot area at ground level open directly to the sky and extending between exterior building walls and lot lines for a distance of at least eight feet.

      (3)   On any zoning lot, for each floor above the ground floor which is set back from one or more lot lines, a premium equal to 0.25 times the open area of the lot at the level of such floor, divided by the gross lot area, may be added to the basic floor area ratio. Such open area shall include all area open directly to the sky and extending between exterior building walls and lot lines in a horizontal plane containing the subject floor for a distance of at least eight feet.

(Ord. 2712. Passed 8-1-78; Ord 5192. Passed 1-6-98; Ord. 5633. Passed 10-22-02; Ord. 6392. Passed 6-4-13.)

   (a)   The Planning Commission may elect to approve, approve with conditions, or deny any application based upon its review of the proposed activity.

   (b)   Upon approval by the Planning Commission, the Development and Building Inspection Department shall issue any permits as may be applicable to the proposed project.

(Ord. 5192. Passed 1-6-98.)

   (a)   Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior feature which does not involve a change in exterior design, material or outer appearance thereof.

   (b)   Nothing in this chapter shall be construed to prevent the construction, reconstruction, alteration, restoration or demolition of any feature or structure which the Chief Building Official or similar official shall certify is required by the public safety because of unsafe or dangerous condition.

   (c)   Maintenance and repair required. Neither the owner of, nor the person, nor an organization in charge of a structure or property within the Central Business District shall permit that structure to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce a detrimental effect upon the character of the structure of the Central Business District.

(Ord. 5192. Passed 1-6-98.)

   See Chapter 1292 for off-street parking and loading space requirements.

(Ord. 2712. Passed 8-1-78; Ord. 5192. Passed 1-6-98.)

   See Chapter 1293 for size and location of permitted signs.

(Ord. 2712. Passed 8-1-78; Ord. 5192. Passed 1-6-98.)