The purpose of the Downtown Commercial District is to provide for the orderly development of downtown Newark.

(Ord. 08-33-A. Passed 5-4-09.)

   (a)   Any form of residential use, with no density limitations.

   (b)   Uses permitted in Section 1264.02 (GCDS 5, LCDS 5, GBDS 5, HB, MB, LB, GO, CSI).

   (c)   Recycling collection points.

   (d)   Any use not in existence at the time of the enactment of this amendment otherwise permitted herein which requires a valid license issued by the Ohio Department of Liquor Control if the business plan or model or other credible evidence indicates that sixty percent or more of gross revenue resulting from said use shall be from the sale of food and that no more than forty percent of gross revenue resulting from said use shall be from the sale of alcohol, beer or intoxicating liquor.

(Ord. 08-33-A. Passed 5-4-09; Ord. 10-22A. Passed 11-15-10.)

   Notwithstanding the provisions of Section 1265.01 Permitted Uses, the following listed uses shall be prohibited in the DC Downtown District.

   (a)   Automobile major repairs.

   (b)   Pawn shops.

   (c)   Tattoo shops.

   (d)   Truck and heavy vehicle services.

   (e)   Medical marijuana dispensaries as defined at OAC 3796:1-1-01(13) and adult use dispensaries as defined at R.C. § 3780.01(A)(5).

   (f)   Medical marijuana cultivators as defined at OAC 3796:1-1-01(9) and adult use cultivators as defined at R.C. § 3780.01(A)(4) and 3780.01(A)(19)-(21).

   (g)   Medical marijuana processors as defined at OAC 3796:1-1-01(39) and adult use processors as defined at R.C. § 3780.01(A)(7).

   (h)   Vape and tobacco shops.

(Ord. 10-22B. Passed 11-15-10; Ord. 10-22C. Passed 11-15-10; Ord. 10-22D. Passed 11-15-10; Ord. 10-22E. Passed 11-15-10; Ord. 17-43A. Passed 1-2-18; Ord. 23-22-A. Passed 9-5-23; Ord. 24-18-A. Passed 9-16-24.)

   Uses which are customary in the course of or associated with a specified permitted use are allowed.

(Ord. 08-33-A. Passed 5-4-09.)

   (a)   Water towers, observation towers, transmission towers, flagpoles, television and radio antennas.

   (b)   Any use not in existence at the time of the enactment of this amendment otherwise permitted herein which requires a valid license issued by the Ohio Department of Liquor Control if the business plan or model or other credible evidence indicates that less than sixty percent of gross revenue resulting from said use shall be from the sale of food and that more than forty percent of gross revenue resulting from said use shall be from the sale of alcohol, beer or intoxicating liquor.

(Ord. 08-33-A. Passed 5-4-09; Ord. 10-22A. Passed 11-15-10.)

   Accessory structures shall comply with Chapter 1274.

(Ord. 08-33-A. Passed 5-4-09.)

   (a)   The floor area in this district is unlimited.

   (b)   The combined square footage of the footprint of all buildings and structures on a given lot shall not be more than 100 percent of the lot area, exclusive of any lot area in the floodway.

   (c)   New construction, including additions, shall be reviewed by the Planning Commission for compliance with the City's current Development Regulations. The items to be considered in determining compliance include, but are not limited to, the following: roadway improvements, access management, traffic congestion prevention, storm water management, floodplain management, public utility connections, FAA requirements and landscaping requirements.

   (d)   All uses in this district shall comply with the applicable requirements of Chapter 1296.

   (e)   There shall be a maximum of four recycling collection point containers allowed per lot. This district does not allow recycle transfer points.

(Ord. 08-33-A. Passed 5-4-09.)

   There are no height restrictions.

(Ord. 08-33-A. Passed 5-4-09.)

   The following minimum requirements shall apply, except as provided in Chapters 1270 and 1271.

 

 

(Ord. 08-33-A. Passed 5-4-09.)

   There shall be no parking or loading requirements for this district.

(Ord. 08-33-A. Passed 5-4-09.)

   There shall be no front yard setback requirements.

(Ord. 08-33-A. Passed 5-4-09.)

   There are no landscaping requirements in this district.

(Ord. 08-33-A. Passed 5-4-09.)

   (a)   Front yard setbacks from public and private roadways shall be modified in accordance with the thoroughfare maps maintained in the office of the City Engineer.

   (b)   Lots with no legal access to an adequate public right-of-way shall obtain approval from the Planning Commission for the proposed access prior to issuance of a zoning certificate. Approval of a lot split by the Planning Commission is evidence of an acceptable legal access.

(Ord. 08-33-A. Passed 5-4-09.)

   Deed restrictions and covenants may establish additional restrictions.

(Ord. 08-33-A. Passed 5-4-09.)

   (a)   In this district, a one-family dwelling and related accessory structures on a single lot or parcel in existence at the time of the adoption of this Code may be repaired or altered in accordance with Chapter 1242, 1248, 1249, or 1251 as determined by the Zoning Inspector.

   (b)   New construction, including an enlargement, shall comply with all the applicable provisions of this chapter.

(Ord. 08-33-A. Passed 5-4-09.)