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New Britain City Zoning Code

SECTION 170

CBD and CBD-R DISTRICTS central business district and central business district—residential. Approved 6-26-08; Item #30065-3; Amended 3-19-25, Item #36711-3

170-10 - Permitted Uses in the CBD Zone. [Amended 3-19-25, Item #36711-3]

Within any Central Business District, a building, structure, or lot shall only be used for one or more of the following permitted uses, except as provided in Section 170-20 Special Exception Uses, Section 170-30 Accessory Uses, and Section 260 Nonconforming Uses and Nonconforming Buildings or Structures. For all listed uses, the site plan shall be submitted and reviewed pursuant to Section 280-60.

170-15 - Permitted Uses in the CBD-R Zone.

Within any Central Business District - Residential, a building, structure, or lot shall only be used for one (1) or more of the following permitted uses, except as provided in Section 170-20 Special Exception Uses, Section 170-30 Accessory Uses, and Section 260 Nonconforming Uses and Nonconforming Buildings or Structures. For all listed uses, the site plan shall be submitted and reviewed pursuant to Section 280-60. [Approved 3-19-25, Item #36711-3]

170-20 - Special Exception Uses in the CBD Zone. [Amended 3-19-25, Item #36711-3]

Within any Central Business District, the following special exception uses shall be permitted, subject to approval by the Zoning Board of Appeals pursuant to Section 270-40, Special Exception Uses. For all listed special exception uses, the site plan shall be submitted and reviewed, pursuant to Section 280-60.

170-25 - Special Exception Uses in the CBD-R Zone. [Approved 3-19-25, Item #36711-3]

Within any Central Business District - Residential, the following special exception uses shall be permitted, subject to approval by the Zoning Board of Appeals pursuant to Section 270-40, Special Exception Uses. For all listed special exception uses, the site plan shall be submitted and reviewed, pursuant to Section 280-60. [Approved 3-19-25, Item #36711-3]

170-30 - Accessory Uses in the CBD and CBD-R Zones. [Amended 3-19-25, Item #36711-3]

Within the Central Business District, the elimination of a lot line for the purpose of using a parcel as an accessory use is prohibited; the following accessory uses shall be permitted subject to the applicable provisions of Section 230: [Approved 10-27-22, Item #35870-3]

170-40 - Dimensional Regulations.

Within any Central Business District and Central Business District - Residential, no building or structure shall be erected, nor any lot used, unless in conformity with the following schedule, except as modified by the provisions of Section 230. Supplemental Use and Dimensional Regulations, where applicable: [Amended 3-19-25, Item #36711-3]

170-40-10 Lot Area - Minimum (sq. ft.) ..... None
required
170-40-20 Lot Area - Minimum per dwelling unit (sq. ft.) ..... No
Minimum
170-40-30 CBD Floor Area Ratio - Maximum ..... 6.50*
170-40-30.01 CBD-R Floor Area Ratio - Maximum ..... 5.00
170-40-40 CBD Lot Coverage - % of total lot area occupied by main and accessory buildings ..... 100
170-40-40.01 CBD-R Lot Coverage - % of total lot area occupied by main and accessory buildings ..... 90
170-40-50 Lot Width - Minimum (ft.) None
170-40-60 Height - Maximum (ft.) ..... No
Maximum
170-40-65 CBD Maximum Impervious Cover (%) ..... 100
170-40-65 CBD-R Maximum Impervious Cover (%) ..... 90
170-40-70YARDS - MINIMUM (FT.)
170-40-70.01 Front ..... None
required
170-40-70.02 Side ..... None
required,
but 10' if
provided
170-40-70.03 Side - total for both on interior lot ..... None
required
170-40-70.04 Side - abutting a side street on a corner lot ..... None
required
170-40-70.05 Rear ..... None
required
170-40-80ACCESSORY BUILDINGS
170-40-80.01 Coverage of required rear yard - Maximum - % ..... None
170-40-80.02 Height in required rear yard - Maximum ft.) ..... None
170-40-80.03 Setback in required rear yard - Minimum (ft.) ..... None
*Bonus increase to 7.5 in return for reduction of coverage from 100% to 80%.

 

[Approved 3-17-77, Amended 5-21-81, Item #14684-1; Item #12386-1; Amended 6-26-08, Item #30065-3; Amended 12-18-24, Item #36626-3; Amended 12-18-24, Item #36630-3; Amended 3-19-25, Item #36711-3]

170-100 - Design Guidelines in the CBD and CBD-R Zones. [Amended 3-19-25, Item #36711-3]

In order to achieve a high level of architectural and urban design, and to create strong linkages both visually and physically within the framework of a comprehensive plan, the following guidelines are established. These guidelines shall be applied to all applications for development within the district under both the site plan requirements (Section 280-60) and to special exception uses under Section 270-40. [Approved 6-26-08, Item #30065-3]

170-30-10

[DELETED 6-26-08, Item #30065-3]

170-30-20

Customary accessory uses, buildings or structures, exclusive of retail services and of industrial uses otherwise prohibited.

170-30-30

[DELETED 6-26-08, Item #30065-3]

170-30-40

Signs, pursuant to Section 250.

170-30-50

Private parking garage or off-street parking area, pursuant to Section 240. [Approved 10-27-22, Item #35870-3]

170-30-60

Home professional office. [Approved 6-22-23, Item #36098-3]

170-50-10 - Parking Garages.

A private garage may be constructed as a structural part of a main building provided that when so constructed, the garage walls shall be regarded as the walls of the main building in applying the front, rear and side yard regulations of this ordinance. In order to contribute to a pedestrian friendly urban environment, any private parking garage constructed within fifty (50) feet of Main Street, either as a standalone parking garage or as a part of a main building shall comply with the following: [Approved 6-26-08, Item #30065-3; Approved 10-25-15; Item #33221-2]

170-50-20 - Access.

An access driveway may be located within a required yard, if such yard is provided. [Approved 6-26-08, Item #30065-3]

170-50-30 - Location of Off-Street Parking Areas.

An off-street parking area may be placed only in side and rear yards where they are provided. [Approved 6-26-08, Item #30065-3]

170-50-50 - Frontage on a Public Street.

When multiple buildings are located on a lot, not all buildings are required to have frontage on a public street. Where appropriate, access easements shall be provided for all buildings. [Approved 6-26-08, Item #30065-3]

170-50-70

In the layout of a development of residential condominium or common interest ownership community, or other multifamily houses on a lot or tract of land, a horizontal distance of not less than:

i.

30 ft. for the first 4 levels of the building (up to 40 ft. high).

ii.

60 ft. for the next 4 stories (up to 8 floors).

iii.

90 ft. for the next 4 stories (up to 12 floors).

iv.

120 ft. above 12 floors.

shall be maintained between all main buildings. Approved 10-26-88, Item #18505-1; Approved 2-23-06, Item #28900-2; Approved 6-26-08, Item #30065-3]

170-50-80

Minimum Residential Floor Area.

Every dwelling or building devoted in whole or in part to a residential use, which is hereinafter erected, shall provide a minimum floor area per family on furnished floors with clear ceiling height not less than 7-feet 6-inches, in conformity with the following schedule and with the other provision of this Section 230-90. The minima stipulated herein shall be deemed to be exclusive of unenclosed porches, breezeways, garages, cellar room or areas. [Approved 6-17-83, Item #1575-1; Approved 11-21-86, Item #17459-1; Approved 6-26-08, Item #30065-3]

Number of Rooms
Per Dwelling Unit
Multifamily
Buildings
(sq. ft.)
1-family
Attached
(sq. ft.)
1-family
Detached
(sq. ft.)
Less than 2 Rooms 350 400 720
2 Rooms but less than 3 Rooms 450 400 720
3 Rooms but less than 4 Rooms 550 600 720
4 Rooms but less than 5 Rooms 700 800 720
5 Rooms but less than 6 Rooms 850 950 850
6 Rooms but less than 7 Rooms 1,000 1,100 1,200
7 Rooms or more 1,150 1,250 1,400

 

170-50-90 - Parking.

UseMinimum Parking
Requirement
Maximum Parking
Requirement
Residential condominium or common interest ownership community 0.75 per dwelling unit 1 per dwelling unit
Multifamily houses, townhouses and garden apartments 0.75 per dwelling unit 1 per dwelling unit
Condominiums 0.75 per dwelling unit 1 per dwelling unit
Housing for the elderly Parking area sufficient to meet the anticipated requirements, with a minimum of 1 space per each 3 dwelling units

 

[Approved 10-27-22, Item #35870-3]

UsesRequirements: No. of Spaces
Auditorium, church, convention hall, stadium, theater, studio or other place of public assembly, not otherwise classified 1 per 4 permanent seats or the floor area equivalent {1 seat=18 linear inches of pew/bench}
Bank, savings and loan association See "Office"
Hotel, motel 1 per guest bedroom plus 1 per each 2 employees on the premises at any one period of time
Nursing home 1 per each 2 beds plus 1 per each 2 employees on the premises at any one time
Offices, office building 1 per 500 sq. ft. of net floor area
Public or semi-public art gallery, library or museum See "Auditorium," etc.
Restaurant, club 1 per 4 permanent seats or the floor area equivalent
Retail store, personal service store, shopping center 1 space per 500 sq. ft. of gross floor area
School 1 per employee

 

[Approved 10-27-22, Item #35870-3]

170-100-10 - Design of Buildings.

The general architectural design of all buildings shall be so that they complement the appearance and character of historically significant buildings and public spaces in the Downtown area. [Approved 6-26-08, Item #30065-3]

170-100-20 - Pedestrian Linkages.

All site plans shall provide for connections with public pedestrian through-ways within an integrated design by use of appropriate materials, lighting and landscaping. Particular attention shall be given to providing ease of access to public open space, parking structures and surface parking lots and transit facilities. [Approved 6-26-08, Item #30065-3]

170-100-30 - Street Level Appropriate Uses.

In order to create a vibrant urban environment, mixed-use developments shall be encouraged. Within such developments, the street level shall be retail and service uses, with front doors and fenestration facing the street and providing visibility to and from the street. [Approved 6-26-08, Item #30065-3]

170-100-40 - Exterior Facades.

Both the new construction and rehabilitation of structures shall use materials and architectural treatments which are complementary to the overall character and design vocabulary of the historic downtown fabric. Materials such as EIFS, metal or vinyl siding, or shingles are discouraged. [Approved 6-26-08, Item #30065-3]

170-100-40.10 - Primary Facade Materials.

At least eighty (80) percent of each facade shall be constructed of primary materials. Primary facade building materials include: High-quality, durable, natural materials, such as stone, brick; wood lap siding; lapped, shingled or panel fiber cement board siding; glass. Other high quality materials may be approved by City staff upon a determination that such materials are appropriate to the architectural style of the building and the surrounding context. [Approved 10-27-22, Item #35870-3]

170-100-40.20 - Facade Elements.

Architectural trim, elements, and details shall be incorporated into facade design which promote aesthetic qualities while sustaining and enhancing the unique qualities of the CBD. [Approved 10-27-22, Item #35870-3]

170-100-40.30 - Applicability.

The provisions and subsections under Section 170-100-40 relating to exterior facades are applicable to all new building facades exceeding one thousand (1,000) square feet in area or substantial renovation of facade areas exceeding one thousand (1,000) square feet. [Approved 10-27-22, Item #35870-3]

170-100-50 - Development Parcel Layout and Enclosure.

For any new development within the area, the layout should through the location and design of pedestrian and vehicular access ways create pedestrian friendly attractive environments.
[Approved 6-26-08, Item #30065-3]

170-100-60 - Street Facing Building Wall.

In order to create a vibrant urban environment that is attractive, appropriately scaled and pedestrian friendly, the following requirements in subsections under Section 170-100-60 apply to new buildings or developments constructed in the CBD. [Approved 6-26-08, Item #30065-3; Approved 5-24-13, Item #32233-2; Approved 10-25-15, Item #33221-2; Approved 10-27-22, Item #35870-3]

170-100-60.10 - Building Height.

The minimum building height of any structure fronting on the following streets shall be not less than two (2) stories: Main Street; Bank Street - Main Street to Columbus Boulevard; Arch Street - Walnut Street to Hart Street and Whiting Street; Chestnut Street - Main Street to Route 9; Columbus Boulevard - Cedar Street to Chestnut Street; and West Main Street - Main Street to South High Street and High Street. [Approved 6-26-08, Item #30065-3; Approved 6-22-23, Item #36104-3]

170-100-60.20 - Building Setback.

Any new building or development shall be constructed within five (5) feet of the front lot line. In the case of a corner lot that has frontage on two (2) intersecting streets, the building shall be constructed within five (5) feet of both lot lines fronting along the street. Notwithstanding this maximum setback restriction, buildings having front plazas or courtyards designed with landscaping, streetscape elements and pedestrian amenities to accommodate outdoor dining, pocket parks, sculptures or monument features may be set back up to ten (10) feet from the front lot line for the entire building width or up to twenty (20) feet for fifty (50) percent of the building width. [Approved 10-27-22, Item #35870-3]

170-100-60.30 - Front Lot Line Coverage.

All parcels having street frontage on Main Street and Arch Street in the CBD shall have a minimum front lot line coverage of at least eighty-five (85) percent. [Approved 10-27-22, Item #35870-3]

170-100-60.40 - Facade Transparency.

Mixed use buildings containing ground floor retail, restaurant, and/or personal service uses shall have a minimum transparency of not less than seventy-five (75) percent of the ground floor facade and the minimum transparency of the upper facade above the ground floor shall be not less than fifteen (15) percent. Glass shall be clear, non-reflective, and not painted or tinted. A horizontal facade division shall define the ground story facade from the upper stories. [Approved 10-27-22, Item #35870-3]

170-100-70 - Location of Parking Areas.

New surface parking, including expansion of existing surface parking areas, is not permitted on any parcel located within two hundred (200) feet of Main Street in the CBD. This requirement shall not apply to: (1) public parking areas created by the City for public convenience, or (2) parking areas created in connection with new residential development. [Approved 6-26-08, Item #30065-3; Approved 10-27-22, Item #35870-3]

170-110-10

Non-Residential Signs.

170-110-20

DELETED. [Approved 10-3-24, Item #36534-3]

170-10-10

Church or similar place of worship, Sunday school, parish house, convent, monastery.

170-10-20

College, vocational school.

170-10-30

Park, playground or recreational area operated by the municipality.

170-10-40

Public or semi-public building for civic, political, social, or recreational purposes.

170-10-50

School, public elementary or high, or a private school having a curriculum equivalent to that ordinarily given in such a public school.

170-10-51

Public utility facility.

170-10-52

Bus Passenger Waiting Shelter. [Approved 10-22-81, Item #14771-1]

170-10-53

Libraries, art galleries and museums. [Approved 10-27-22, Item #35870-3]

170-10-60

[DELETED 11-21-86, Item #17459-1]

170-10-70

[DELETED 11-21-86, Item #17459-1]

170-10-80

Bank, savings and loan association.

170-10-90

[DELETED 6-26-08, Item #30065-3].

170-10-100

[DELETED 11-21-86, Item #17459-1]

170-10-110

Hotel.

170-10-111

Motel.

170-10-120

Office or office building: Business, professional, utility, semi-public, government, or medical clinic. [Approved 6-26-08, Item #30065-3]

170-10-130

Personal service shop: barber shop, beauty parlor, pet shop, dry cleaner or laundry of not more than 4,000 sq. ft. including self-service establishment, and other similar services to the consumer.

170-10-140

Radio or television station and/or studio.

170-10-150

Restaurant inclusive of outdoor dining areas. [Approved 6-26-08, Item #30065-3]

170-10-160

Retail store, including, but not limited to: [Approved 10-27-22, Item #35870-3]


170-10-170

Shop for custom work, or for making articles to be sold only at retail on the premises.

170-10-180

Theater, motion picture theater.

170-10-190

[DELETED 10-27-22, Item #35870-3]

170-10-191

Copy and communication center. [Approved 10-27-22, Item #35870-3]

170-10-192

Entertainment venues. [Approved 10-27-22, Item #35870-3]

170-10-193

Art and craft studios and studios for teaching performing arts. [Approved 10-27-22, Item #35870-3]

170-10-194

Gymnasium or physical culture establishment, less than four thousand (4,000) square feet. [Approved 10-27-22, Item #35870-3]

170-10-195

Bar and tavern. [Approved 10-27-22, Item #35870-3]

170-10-196

Brewery or distillery with onsite production. [Approved 10-27-22, Item #35870-3]

170-10-200

[DELETED 10-27-22, Item #35870-3]

170-10-210

Research laboratory.

170-10-211

Portable electronic device repair, such as cell phones and laptops. [Approved 10-27-22, Item #35870-3]

170-10-220 - Multi-family Structures.

The frontage of any structure on the following streets shall not permit residential units at the street level: Main Street-Franklin Square to Beaver Street; Chestnut Street-Columbus Boulevard to Arch Street; West Main Street-Main Street to High Street; Columbus Boulevard-Washington Street to Bank Street; Bank Street-Main Street to Columbus Boulevard; and Arch Street-Main Street to West Pearl Street. [Approved 6-26-08, Item #30065-3]

170-10-230

Apartments over non-residential stories. [Approved 6-26-08, Item #30065-3]

170-10-240

[Approved 6-26-08, Item #30065-3; Deleted 10-25-15, Item #33221-2]

170-15-10

Church or similar place of worship, Sunday school, parish house, convent, monastery. [Approved 3-19-25, Item #36711-3]

170-15-20

College, vocational school. [Approved 3-19-25, Item #36711-3]

170-15-30

Park, playground or recreational area operated by the municipality. [Approved 3-19-25, Item #36711-3]

170-15-40

Public or semi-public building for civic, political, social, or recreational purposes. [Approved 3-19-25, Item #36711-3]

170-15-50

School, public elementary or high, or a private school having a curriculum equivalent to that ordinarily given in such a public school. [Approved 3-19-25, Item #36711-3]

170-15-51

Public utility facility. [Approved 3-19-25, Item #36711-3]

170-15-52

Bus Passenger Waiting Shelter. [Approved 3-19-25, Item #36711-3]

170-15-53

Libraries, art galleries and museums. [Approved 3-19-25, Item #36711-3]

170-15-60

Bank, savings and loan association. [Approved 3-19-25, Item #36711-3]

170-15-70

Hotel. [Approved 3-19-25, Item #36711-3]

170-15-80

Motel. [Approved 3-19-25, Item #36711-3]

170-15-90

Office or office building: Business, professional, utility, semi-public, government, or medical clinic. [Approved 3-19-25, Item #36711-3]

170-15-100

Personal service shop: barber shop, beauty parlor, pet shop, dry cleaner or laundry of not more than four thousand (4,000) square feet including self-service establishment, and other similar services to the consumer. [Approved 3-19-25, Item #36711-3]

170-15-110

Radio or television station and/or studio. [Approved 3-19-25, Item #36711-3]

170-15-120

Restaurant inclusive of outdoor dining areas. [Approved 3-19-25, Item #36711-3]

170-15-130

Retail store, of not more than four thousand (4,000) square feet including, but not limited to: [Approved 3-19-25, Item #36711-3]


170-15-140

Shop for custom work, or for making articles to be sold only at retail on the premises. [Approved 3-19-25, Item #36711-3]

170-15-150

Theater, motion picture theater. [Approved 3-19-25, Item #36711-3]

170-15-160

Copy and communication center. [Approved 3-19-25, Item #36711-3]

170-15-170

Entertainment venues. [Approved 3-19-25, Item #36711-3]

170-15-180

Art and craft studios and studios for teaching performing arts. [Approved 3-19-25, Item #36711-3]

170-15-190

Gymnasium or physical culture establishment, less than four thousand (4,000) square feet. [Approved 3-19-25, Item #36711-3]

170-15-200

Bar and tavern. [Approved 3-19-25, Item #36711-3]

170-15-210

Brewery or distillery with onsite production. [Approved 3-19-25, Item #36711-3]

170-15-220

Research laboratory. [Approved 3-19-25, Item #36711-3]

170-15-230

Portable electronic device repair, such as cell phones and laptops. [Approved 3-19-25, Item #36711-3]

170-15-240

Multi-family houses. [Approved 3-19-25, Item #36711-3]

170-15-250

Apartments over non-residential stories. [Approved 3-19-25, Item #36711-3]

170-15-260

Townhouse. [Approved 3-19-25, Item #36711-3]

170-15-270

Two-family detached dwelling. [Approved 3-19-25, Item #36711-3]

170-15-280

Three-family detached dwelling. [Approved 3-19-25, Item #36711-3]

170-20-10

[DELETED 10-22-81, Item #14771-1]

170-20-20

Club—membership, non-profit.

170-20-30

Club—residence membership, non-profit.

170-20-40

[DELETED 6-26-08, Item #30065-3]

170-20-50

Passenger transportation terminal.

170-20-60

[DELETED 10-27-22, Item #35870-3]

170-20-70

Alcoholic liquor permit location in connection with a permitted use or a special exception use.

170-20-80

Arena, assembly hall less than twenty thousand (20,000) square feet. [Approved 10-27-22, Item #35870-3]

170-20-90

Commercial public recreation use not otherwise classified.

170-20-100

Private parking garage or off-street parking area less than twelve thousand (12,000) square feet, pursuant to Section 240 and 10-50-10. [DELETED 6-26-08, Item #30065-3; Approved 10-25-15, Item #33221-2; Approved 10-27-22, Item #35870-3]

170-20-101

[DELETED 3-28-08, Item #29948-2]

170-20-102

[DELETED 3-28-08, Item #29948-2]

170-20-103

[DELETED 6-26-08, Item #30065-3]

170-20-110

Cannabis Dispensary Facility/Cannabis Retailer and/or Cannabis Hybrid Retailer. [Approved 4-14-2022, Item #35700-3]

170-20-121

Public restrooms. [Approved 10-27-22, Item #35870-3]

170-20-122

Gymnasium or physical culture establishment, greater than four thousand (4,000) square feet. [Approved 10-27-22, Item #35870-3]

170-20-130

[Approved 6-20-88, Item #18284-1; [DELETED 6-26-08, Item #30065-3]

170-20-140

[DELETED 6-26-08, Item #30065-3]

170-25-10

Club—membership, non-profit. [Approved 3-19-25, Item #36711-3]

170-25-20

Club—residence membership, non-profit. [Approved 3-19-25, Item #36711-3]

170-25-30

Passenger transportation terminal. [Approved 3-19-25, Item #36711-3]

170-25-40

Alcoholic liquor permit location in connection with a permitted use or a special exception use. [Approved 3-19-25, Item #36711-3]

170-25-50

Arena, assembly hall less than twenty thousand (20,000) square feet. [Approved 3-19-25, Item #36711-3]

170-25-60

Commercial public recreation use not otherwise classified. [Approved 3-19-25, Item #36711-3]

170-25-70

Private parking garage or off-street parking area less than twelve thousand (12,000) square feet, pursuant to Section 240 and 10-50-10. [Approved 3-19-25, Item #36711-3]

170-25-80

Cannabis Dispensary Facility/Cannabis Retailer and/or Cannabis Hybrid Retailer.

170-25-90

Public restrooms. [Approved 3-19-25, Item #36711-3]

170-25-100

Gymnasium or physical culture establishment, greater than four thousand (4,000) square feet. [Approved 3-19-25, Item #36711-3]

170-25-110

Short-term rental.

170-25-120

Personal service shop: barber shop, beauty parlor, pet shop, dry cleaner or laundry of more than four thousand (4,000) square feet including self-service establishment, and other similar services to the consumer. [Approved 3-19-25, Item #36711-3]

170-25-130

Retail store, more than four thousand (4,000) square feet. [Approved 3-19-25, Item #36711-3]

170-50-10.10

To the extent possible, avoid having its access and/or exit driveways onto Main Street; [Approved 10-25-15; Item #33221-2]

170-50-10.20

Situate driveways so as to minimize intrusion and impact to the pedestrian space and to minimize the width of the driveway(s) and curbcut(s) to the narrowest extent possible; and [Approved 10-25-15; Item #33221-2]

170-50-10.30

Aside from vehicle entrance and exit points and pedestrian doors to the garage stairwell or elevator vestibule, all other sidewalk levels portion of the garage shall be constructed to accommodate commercial store or personal service space for a depth of no less than 20 feet measured back from the front wall of the building. [Approved 10-25-15; Item #33221-2]

170-50-40

Outdoor dining space is permissible, as an accessory use to a permitted or special exception restaurant use subject to the following provisions: [Approved 2-23-06, Item #28901-2; Approved 6-26-08, Item #30065-3]

170-50-40.10

Outdoor dining space shall not be located in any required rear, side or transitional yard that abuts a residential zoning district. Outside dining space may be allowed as ground level patio, or a deck or terrace, provided such deck or terrace conforms to applicable zoning, building and fire code restrictions. [Approved 2-23-06, Item #28901-2; Approved 6-26-08, Item #30065-3]

170-50-40.20

All tables and seating in an outdoor dining space shall be movable and not fixed in place. No tables or seating shall be arranged or situated so as to interfere with required access or egress to or from the building. Outside dining space shall be unenclosed and open to the sides, except for conforming fencing or required guard rails. If outside dining space is to be covered by any type of permanent or semi-permanent roofing, awning, overhang or similar covering, said covering shall conform to applicable building, zoning and fire codes. [Approved 2-23-06, Item #28901-2; Approved 6-26-08, Item #30065-3]

170-50-40.30

No outdoor area shall be allowed which encroaches onto the City sidewalk right-of-way, unless specifically permitted by the Bureau of Public Works. [Approved 2-23-06, Item #28901-2; Approved 6-26-08, Item #30065-3]

170-50-40.40

In order to ensure compliance with zoning and other applicable ordinances and standards, if the creation of outdoor dining space involves any permanent construction or substantial structural modification, the Director of Licenses, Permits and Inspections shall require that a plot plan prepared in accordance with Section 280-60 be submitted for review and approval, in order to ensure compliance with zoning and other applicable ordinances and standards; and that all applicable permits and approvals be obtained. [Approved 2-23-06, Item #28901-2; Approved 6-26-08, Item #30065-3]

170-50-60.10

The minimum building height of any structure fronting on the following streets shall be not less than two (2) stories: Main Street; Bank Street � Main Street to Columbus Boulevard; Arch Street � Walnut Street to Hart Street and Whiting Street; Chestnut Street � Main Street to Route 9; Columbus Boulevard � Cedar Street to Chestnut Street; and West Main Street � Main Street to South High Street and High Street. [Approved 6-26-08, Item #30065-3; Approved 6-22-23, Item #36104-3]

170-50-90.10

The off-street parking space requirements stipulated in this section shall be automatically waived for the non-residential use portions of properties located within a Municipal Parking District. For residential units in the CBD, at least 0.75 spaces per dwelling unit must be provided on the same parcel or in a parking structure or lot located within a one-thousand-foot radius of the building. Said District shall be established by the City Plan Commission, with the approval of the Common Council and the bounds thereof may be amended by action of those bodies from time to time. [Approved 11-21-86, Item #17459-1; Approved 6-26-08, Item #30065-3; Approved 10-20-13, Item #32440-2; Approved 11-20-24, Item #36582-3]

170-100-45.10

In order to maintain a consistent and high quality appearance for all buildings and storefronts in the Central Business District, plans for any improvement or modification to any street-facing wall in the Central Business District shall be submitted for architectural review and approval by staff to the City Plan Commission.

170-100-45.20

Roll-up security doors, gates or grilles shall be prohibited on the outside of any building or storefront in the CBD zone. If deemed necessary, open mesh security grilles may be permitted, mounted behind the storefront window, in an unobtrusive manner that does not obscure the architectural details of the window and with a paint or metal finish that is unobtrusive and complimentary to the appearance of the storefront.

170.110-10.10

Wall Signs and Signs on Canopies and Awnings.


170-110-10.20 - Hanging or Projecting Signs.

On each exterior building wall, the total sign face area of all sides of hanging and projecting signs shall not exceed twelve (12) square feet. The bottom of any such sign shall be located no less than eight (8) feet above grade and the top of same shall not extend above twenty (20) feet from ground level. Said sign(s) shall not project or extend more than three (3) feet from the building wall and shall not project over or beyond the property line of the lot on which the building is located, except that hanging or projecting signs may project up to eighteen inches (18") over public sidewalks.

170-110-10.30 - Freestanding Signs.

Only one freestanding sign with no more than one sign face per side shall be permitted for each three hundred (300) feet of street frontage, with a minimum of one freestanding sign permitted per lot. Such signs faces located within fifty (50) feet of a public right-of-way shall not exceed twelve (12) square feet per side; freestanding signs located greater than fifty (50) feet from a public right-of-way shall not exceed twenty-five (25) square feet of sign face per side.


170-110-10.40 - Flags.

Flags are permitted provided that the total area of each side of all flags shall not exceed ninety-six (96) square feet per lot, and that any illumination of a flag shall be confined to the surface of the flag.

170-110-10.50 - Window or Door Signs.

Window signs or signs on door windows are permitted, provided (1) they shall only be painted on or affixed to the interior face of windows or door windows and (2) the total sign face area does not exceed fifteen (15) percent of each window or door window area through which such signs are painted on or affixed. Said signs shall not be used to compute allowances for total sign areas specified herein.

170-110-10.60 - Portable Signs.

Portable signs shall (a) have a minimum of two (2) sides per sign, (b) be limited to a maximum of six (6) square feet per side, and (c) not be located within a public right-of-way. No more than one portable sign shall be located on each lot.

170-110-20.10

DELETED. [Approved 10-3-24, Item #36534-3]

170-10-160.10

Apparel shop. [Approved 10-27-22, Item #35870-3]

170-10-160.20

Art and antique shops. [Approved 10-27-22, Item #35870-3]

170-10-160.30

Bakeries, retail. [Approved 10-27-22, Item #35870-3]

170-10-160.40

Book shop. [Approved 10-27-22, Item #35870-3]

170-10-160.50

Clothing store. [Approved 10-27-22, Item #35870-3]

170-10-160.60

Confectionery store. [Approved 10-27-22, Item #35870-3]

170-10-160.70

Department store. [Approved 10-27-22, Item #35870-3]

170-10-160.80

Drug store. [Approved 10-27-22, Item #35870-3]

170-10-160.90

Dry goods, notions store. [Approved 10-27-22, Item #35870-3]

170-10-160.100

Electrical appliance store. [Approved 10-27-22, Item #35870-3]

170-10-160.110

Florist shop. [Approved 10-27-22, Item #35870-3]

170-10-160.120

Floor covering shop, retail. [Approved 10-27-22, Item #35870-3]

170-10-160.130

Food processing with retail on the premises, provided that the production of food to be sold at retail is exclusively on the premises, only in an area fully concealed from any street and not equal to not more than twenty (20) percent of the area devoted to retail sales may be used for this purpose. [Approved 10-27-22, Item #35870-3]

170-10-160.140

Food shops, retail. [Approved 10-27-22, Item #35870-3]

170-10-160.150

Furniture store. [Approved 10-27-22, Item #35870-3]

170-10-160.160

Gift shop. [Approved 10-27-22, Item #35870-3]

170-10-160.170

Hardware store. [Approved 10-27-22, Item #35870-3]

170-10-160.180

Jewelry store, repairs. [Approved 10-27-22, Item #35870-3]

170-10-160.190

Music store. [Approved 10-27-22, Item #35870-3]

170-10-160.200

Optician, retail and repairs. [Approved 10-27-22, Item #35870-3]

170-10-160.210

Paint stores, retail. [Approved 10-27-22, Item #35870-3]

170-10-160.220

Party rental store. [Approved 10-27-22, Item #35870-3]

170-10-160.230

Personal wireless communication—Retail. [Approved 10-27-22, Item #35870-3]

170-10-160.240

Pet store. [Approved 10-27-22, Item #35870-3]

170-10-160.250

Printing; job shop, publisher. [Approved 10-27-22, Item #35870-3]

170-10-160.260

Shoe stores, retail and repairs. [Approved 10-27-22, Item #35870-3]

170-10-160.270

Sporting goods store, retail. [Approved 10-27-22, Item #35870-3]

170-10-160.280

Stationary store. [Approved 10-27-22, Item #35870-3]

170-10-160.290

Tailor shop. [Approved 10-27-22, Item #35870-3]

170-10-160.300

Textile goods, retail. [Approved 10-27-22, Item #35870-3]

170-15-130.10

Apparel shop. [Approved 3-19-25, Item #36711-3]

170-15-130.20

Art and antique shops. [Approved 3-19-25, Item #36711-3]

170-15-130.30

Bakeries, retail. [Approved 3-19-25, Item #36711-3]

170-15-130.40

Book shop. [Approved 3-19-25, Item #36711-3]

170-15-130.50

Clothing store. [Approved 3-19-25, Item #36711-3]

170-15-130.60

Confectionery store. [Approved 3-19-25, Item #36711-3]

170-15-130.70

Department store. [Approved 3-19-25, Item #36711-3]

170-15-130.80

Drug store. [Approved 3-19-25, Item #36711-3]

170-15-130.90

Dry goods, notions store. [Approved 3-19-25, Item #36711-3]

170-15-130.100

Electrical appliance store. [Approved 3-19-25, Item #36711-3]

170-15-130.110

Florist shop. [Approved 3-19-25, Item #36711-3]

170-15-130.120

Floor covering shop, retail. [Approved 3-19-25, Item #36711-3]

170-15-130.130

Food processing with retail on the premises, provided that the production of food to be sold at retail is exclusively on the premises, only in an area fully concealed from any street and not equal to not more than twenty (20) percent of the area devoted to retail sales may be used for this purpose. [Approved 3-19-25, Item #36711-3]

170-15-130.140

Food shops, retail. [Approved 3-19-25, Item #36711-3]

170-15-130.150

Furniture store. [Approved 3-19-25, Item #36711-3]

170-15-130.160

Gift shop. [Approved 3-19-25, Item #36711-3]

170-15-130.170

Hardware store. [Approved 3-19-25, Item #36711-3]

170-15-130.180

Jewelry store, repairs. [Approved 3-19-25, Item #36711-3]

170-15-130.190

Music store. [Approved 3-19-25, Item #36711-3]

170-15-130.200

Optician, retail and repairs. [Approved 3-19-25, Item #36711-3]

170-15-130.210

Paint stores, retail. [Approved 3-19-25, Item #36711-3]

170-15-130.220

Party rental store. [Approved 3-19-25, Item #36711-3]

170-15-130.230

Personal wireless communication—Retail. [Approved 3-19-25, Item #36711-3]

170-15-130.240

Pet store. [Approved 3-19-25, Item #36711-3]

170-15-130.250

Printing; job shop, publisher. [Approved 3-19-25, Item #36711-3]

170-15-130.260

Shoe stores, retail and repairs. [Approved 3-19-25, Item #36711-3]

170-15-130.270

Sporting goods store, retail. [Approved 3-19-25, Item #36711-3]

170-15-130.280

Stationary store. [Approved 3-19-25, Item #36711-3]

170-15-130.290

Tailor shop. [Approved 3-19-25, Item #36711-3]

170-15-130.300

Textile goods, retail. [Approved 3-19-25, Item #36711-3]

170.110-10.10.10

The total sign face area of all wall signs and signs on canopies and awnings allowed on each exterior building wall shall not exceed: (1) one and one-half (1½) square feet of sign face area for each foot of length of said exterior building wall on which the sign is affixed or length of that portion of said wall which is devoted to such business to which the sign(s) refer, or (2) one hundred fifty (150) square feet of total sign face area on each exterior building wall, whichever is less. Wall signs and signs on canopies and awnings shall be confined to that portion of the exterior building wall where the business to which the sign(s) refers is located.

170-110-10.10.20 - Canopies and Awnings.

Canopies and awnings are considered part of the building to which they are attached and any sign face on such shall be considered a wall sign and subject to these regulations. Canopies and awnings shall not extend more than five (5) feet over a public right-of-way and shall allow a clearance over the public right-of-way of no less than eight (8) feet above ground level.

170-110-10.30.10

Notwithstanding the above, freestanding signs not exceeding six (6) feet in total sign height may be placed closer than the spacing limitations specified, provided the total of all freestanding signs regardless of height do not exceed the size limitations specified above.

170-110-10.70.10

A named building sign shall be attached to the building wall or projection. [Approved 10-3-24, Item #36534-3]

170-110-10.70.20

The total sign face area of a named building sign shall not exceed three-quarters (0.75) square feet of sign area for each foot of length of said exterior building wall on which the sign is affixed. [Approved 10-3-24, Item #36534-3]

170-110-10.70.30

Only one (1) named building sign shall be permitted on the building. [Approved 10-3-24, Item #36534-3]

170-110-10.70.40

A named building sign shall not be counted toward the aggregate total signage permitted on the building under Section 170.110-10.10.10. [Approved 10-3-24, Item #36534-3]

170-110-10.70.50

Named building signage shall not be subject to the provisions of Section 170-110-10.80. [Approved 10-3-24, Item #36534-3]

170-110-10.80.10

No letter on any sign located within fifty (50) feet of a public right-of-way shall exceed eighteen (18) inches in height or width; no letter on any sign located greater than fifty (50) feet from a public right-of-way shall exceed twenty-four (24) inches in height or width. [Approved 10-3-24, Item #36534-3]

170-110-10.80.20

No portion of any wall, freestanding, hanging or projecting sign shall be located higher than twenty (20) feet above ground level. [Approved 10-3-24, Item #36534-3]