The following regulations shall apply to the B-1 neighborhood business district. To the extent a zoning use regulation within this section conflicts with another zoning use regulation applicable to this section, the more restrictive zoning use regulation shall control unless otherwise specifically stated.

A.

Use regulations. The following uses for buildings or lots shall be a use by right:

1.

Bakeries designed for retail sales rather than wholesale operation.

2.

Health, beauty, salon, and spa.

3.

Caterer.

4.

Dry-cleaning and laundry service (no self-service).

5.

Ice retail distributing station, but no manufacturing, and capacity not to exceed five tons storage.

6.

Job printing.

7.

Lodge hall.

8.

Medical office/clinic.

9.

Office.

10.

Radio repair and sales shop.

11.

Radio station.

12.

Real estate office.

13.

Restaurant, cafe, and cafeteria.

14.

Service and supply business.

15.

Stores and shops for the sale of products at retail only.

16.

Studio (art, photo, music).

17.

State-licensed day care center.

18.

Woodworking business.

19.

Governmental buildings, safety services, or facilities and attendant operations.

B.

Special exceptions. The following uses for buildings or lots shall be a use permitted by special exception subject to consideration and approval by the board of adjustment according to the procedure outlined in section 17 herein:

1.

Billiard or pool hall.

2.

Church/place of worship.

3.

Filling station, service station, provided all storage tanks for gasoline shall be below the surface of the ground.

4.

Garage, public.

5.

Micro-brewery, micro-winery, and wine cafe (subject to all local and state regulations).

6.

Convenience retail.

7.

Research or laboratory service.

8.

Mobile food unit, subject to chapter 18 (businesses), article IV.

C.

Prohibited uses. All uses not specifically permitted by right or by special exception in this section, or by specific use permit issued in accordance with section 9, are strictly prohibited.

D.

Prohibited noise, vibrations, smoke, odor, dust, gas, or light.

1.

Sustained or repetitive noise or vibration, of such an intensity or character that it constitutes a nuisance which injures or destroys the peaceful enjoyment or use, comfort, repose, safety, or health of persons of ordinary sensibilities, is prohibited, when such noise or vibration is measured, or audible, or felt at the property line of any adjoining district.

2.

Smoke, odor, dust, gas, light, or pollution of any type that constitutes a nuisance which injures or destroys the peaceful enjoyment or use, comfort, repose, safety, or health of persons of ordinary sensibilities, is prohibited, when such smoke, odor, dust, gas, light, or pollution is measured, or present, or detected at the property line of any adjoining district.

E.

Height regulations. No building or structure shall exceed two stories or 35 feet in height.

F.

Yard regulations.

1.

Front yard. For uses permitted in the B-1 neighborhood business district, there shall be a front yard along the front property line of the lot. The minimum depth of such front yard shall be 25 feet.

2.

Side yards. For uses permitted in the B-1 neighborhood business district, there shall be a minimum side yard of 5 feet.

a.

Side yards fronting public roads. For uses permitted in the B-1 neighborhood business district, there shall be a minimum side yard of 20 feet.

b.

Side yards abutting a single-family dwelling zoning district. For uses permitted in the B-1 neighborhood business district, there shall be a minimum side yard of 25 feet.

3.

Rear yard. For uses permitted in the B-1 neighborhood business district, there shall be a minimum rear yard of 10 feet.

a.

Rear yards fronting public roads. For uses permitted in the B-1 neighborhood business district, there shall be a minimum rear yard of 20 feet.

b.

Rear yards abutting a single-family dwelling zoning district. For uses permitted in the B-1 neighborhood business district, there shall be a minimum rear yard of 25 feet.

G.

Intensity of use. For uses permitted in the R-2 district, the minimum lot area and minimum lot width shall be the same as in the R-2 district. There are no minimum lot area or lot width requirements for other uses.

H.

Parking regulations (see Schedule A—Master Parking Schedule). Where any structure is erected, reconstructed or converted for any of the business or commercial uses permitted in this section, parking spaces shall be provided in the ratio of not less than as provided below:

1.

Medical office/clinic. Five spaces per 1,000 gross square feet (hereafter "GSF").

2.

Retail.

a.

Over 600,000 GSF: Five spaces per 1,000 GSF;

b.

300,000 to 600,000 GSF: Four spaces per 1,000 GSF;

c.

Up to 300,000 GSF: Three and one-half spaces per 1,000 GSF.

3.

General office. Three spaces per 1,000 GSF.

4.

Research or laboratory. Two and one-half spaces per 1,000 GSF.

5.

Business service. Two spaces per 1,000 GSF.

6.

Warehousing. One space per 1,000 GSF.

7.

Restaurant (freestanding).

a.

From zero to 5,000 GSF: Ten spaces per 1,000 GSF;

b.

Over 5,000 GSF: 15 spaces per 1,000 GSF.

8.

Church or place of worship. One space per three sanctuary seats.

9.

Daycare. One space per nine students (capacity).

10.

Hotel/motel. One and one-quarter spaces per room.

I.

Additional use, height and area regulations. Additional use, height and area regulations and exceptions are found in section 10 herein.

J.

Outside sales/display prohibited. Outside sales, including outside display of goods and merchandise in the B-1 district is prohibited, except as expressly provided in this subsection. The term "outside" means outside of a fully enclosed building which is constructed on-site on a lot in compliance with all city codes. It is the intent of this provision to prohibit the use of any yard (front, side, or rear), parking space, setback, easement, or any open land for these purposes.

1.

Exception. The outside sale or display of goods or merchandise is permitted under either of the following two circumstances only:

a.

They are offered for sale or displayed outside as an integral part of the business conducted in the main building located on the lot and the sale or display is conducted within five feet of such main building; or

b.

They are offered for sale or displayed outside as an integral part of the business conducted in the main building located on the lot, and they are customarily displayed outside, and they are of such a large size that outside display is necessary; for example, automobiles or large boats (boats over 14 feet in length); or

c.

They are offered for sale or displayed as an integral part of the business conducted in the main building (business) located on the lot and the sale display is conducted within 18 feet from the front curb (or one parking space) in front of the merchant's building only. The sale or display shall not impede the flow of traffic or endanger the safety of the shoppers or passersby. This type of "outside sales" event will be allowed four times a year. The event shall not last longer than 72 hours in duration, with 12 hours for set-up and 12 hours for take-down.

K.

Outside storage or discarding of materials prohibited. No refuse, unused material or item, or discarded material or item shall be stacked, stored, or placed on any part of a lot that is not designed, constructed, screened or fenced for that particular purpose so as to prevent the placement or accumulation of such materials or items in a manner that tends to cause blight within the B-1 district or other adjoining zoning districts.

L.

Screening of garbage facilities. It shall be unlawful for any person to fail to screen from public view any dumpster, container, receptacle, or bag used for the collection or storage of garbage, refuse, or recyclable materials. Such screening device shall be not less than six feet in height, measured from grade upward, shall be constructed of solid or other opaque material, and shall be located so as to screen such materials from any adjacent street, public way, or private property.

M.

Exterior building materials.

1.

All buildings or structures, with the exception of mobile food units, shall contain at least 75 percent brick, stone, decorative concrete block, or a combination thereof on the part of the exterior of any building or structure which fronts a major street. In calculating the 75 percent requirement, doors and windows shall not be counted. The remaining 25 percent of the part of the exterior of any such building or structure which fronts a major street shall consist of brick, stone, cement siding, decorative concrete block, stucco, or a combination thereof.

(Ord. No. 14-2013, § 2, 3-11-13; Ord. No. 52-2013, § 3, 10-14-13; Ord. No. 32-2016, § 7, 9-26-16; Ord. No. 21-2017, § 2(Exh. A), 12-18-17; Ord. No. 16-2020, § 3, 6-22-20)