(A)

Purpose and Intent. This district is composed of those areas of the City whose principal use is and ought to be a combination of residential and business uses in a resort setting. This district has been located within the City to permit the development of these residential and business activities, to protect adjacent areas against the encroachment of incompatible uses, and to lessen congestion on the public streets. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these residential and business activities, and the purposes of this district, have been excluded.

(B)

Use Regulations:

(1)

Permitted Uses: The following uses shall be permitted as-of-right within the "D-1" District:

Apartments

Condominiums

Hotels/Motels

Transportation/Communication

radio broadcasting

television broadcasting

travel arrangement services

transportation ticket services

Retail Trade

antiques

apparel and accessories

arts and crafts

bicycles—sales and rental

books

cameras and photographic supplies

candy, nut, and confectionery

china, glassware, and metalware

cigars and cigarettes

convenience food stores

custom tailoring

florists

fruit and vegetables

furs and furriers

gasoline service stations

gifts, novelties, and souvenirs

ice cream and frozen deserts

jewelry

liquor store

meat, fish, and seafood

music supplies

newspapers and magazines

pharmacy/drug store

radios and televisions

restaurant, cafe, or delicatessen

specialty food shops/bakeries

sporting goods—sales and rental

stationery

taverns, bars, nightclubs, saloons, or dance hall

Finance, Insurance, and Real Estate Services

bank

commercial credit institutions

commodity contracts brokers and dealers services

credit unions

holding and investment services

insurance agents, brokers, and services

insurance carriers

real estate agents, brokers, and management services

real estate operators and lessors

real estate subdividing and developing services

savings and loan association

security brokers, dealers, and flotation services

security and commodity exchanges

security and commodity allied services

title abstracting services

Personal Services

apparel repair and alterations

artist's studio

beauty and barber shops

catering services

diaper services

dry cleaning pick-up station

laundry—coin operated, self-service

linen supply

photographic services

shoe repair and shoe shining services

Business Services

adjustment and collection services

advertising services

business management consulting services

consumer and mercantile credit reporting services

detective and protective services

duplicating, mailing, and stenographic services

employment services

motion picture distribution services

news syndicate services

photofinishing services

printing and publishing services

research, development, and testing services

Repair Services

automobile wash services, bicycle repair

watch, clock, and jewelry repair

Professional Services

accounting, auditing, and bookkeeping services

chiropractor services

Dental Clinics

General and Special Hospitals

Primary Care Physician's Offices

Urgent Care Centers

educational and scientific research services

engineering and architectural services

legal services

licensed therapeutic massage

Governmental Services

governmental functions, facilities, and buildings

postal services

Educational Services

art and music school

dancing school

day care centers

nursery schools

Miscellaneous Services

civic, social, and fraternal organizations

professional membership organizations

Cultural, Entertainment, and Recreational

auditorium

art galleries

banquet hall

billiard hall

bingo parlor

boat ramp

botanical gardens and arboretums

bowling center

dinner theater

exhibition hall

gymnasium and health club

historic and monument sites

libraries

miniature golf

museums

planetaria

public parks

reception hall

recreational center

skating rink

theater—stage play—indoor

theater—motion picture—indoor

(2)

Special Exceptions. Within the "D-1" District, the following uses may be permitted as special exceptions upon review and approval by the Board of Adjustment. Any property located within the "D-1" District may be approved for any of the following listed uses, provided the Board of Adjustment shall first make a positive finding that any proposed use or change in use shall have no negative impact upon surrounding properties or upon the character of the District, as required by Section 20-16, to wit;

Transportation/Communications

heliport landing/take-off pads

Governmental Services

public service facility

Business Services

outdoor storage and long-term vehicle parking areas

Cultural, Entertainment, and Recreational

go-cart track, golf driving range

theater—stage play—outdoor

theater—motion picture—outdoor

(3)

Accessory Uses. Within the "D-1" District, any use that is clearly incidental and subordinate to the principal use of the property, is definitely an integral part of the services of such principal use, and is intended for the convenience of the customers of the principal use of the property may be permitted as an accessory use (unless otherwise listed as a special exception). Such accessory uses shall meet the following requirements:

(a)

The sum of all accessory uses shall not constitute a total area larger than twenty (20) percent of the total building area of the principal use.

(b)

No accessory use shall be constructed or used until the principal use is established on the same lot.

(c)

No accessory use shall continue after the termination of the principal use upon the lot.

The City Manager, or designee, shall determine if a proposed use qualifies as an accessory use under these regulations. In cases of doubt, or on specific questions raised, as to whether a proposed use qualifies as an accessory use under the requirements of this Ordinance, the matter may be appealed to the Board of Adjustment, in accordance with Section 20-16, and shall be decided by the Board as a question of fact.

(C)

Area Regulations. The following regulations shall apply in all "D-1" Districts:

(1)

Minimum Lot Area. The minimum lot area shall be five thousand (5,000) square feet.

(2)

Minimum Lot Width and Depth. The minimum lot width shall be fifty (50) feet. The minimum lot depth shall be one hundred (100) feet.

(3)

Maximum Lot Coverage. The maximum lot coverage shall be as dictated by the other area and performance standards, such as yard setbacks, landscaping, and parking.

(4)

Minimum Structure Size. The minimum size of a structure shall be six hundred (600) square feet.

(5)

Minimum Height. No building or structure shall exceed six (6) standard stories in height, unless the setback from all street lines is one (1) foot for each two (2) feet of its height above such six (6) standard story limit. In no case shall the height of any building or structure exceed the total of the street right-of-way width it faces, plus the depth of the front yard.

(6)

Yard and Setback Requirements.

(a)

Front Yard. There shall be a front yard having a minimum depth of twenty-five (25) feet.

1.

Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets.

2.

The minimum front yard shall be increased one (1) foot for each two (2) feet in height if a building exceeds six (6) standard stories.

(b)

Side Yards. A minimum side yard of five (5) feet shall be provided on each side of the structure, except under the following circumstances:

1.

Where commercial buildings are constructed at the side property line with fire walls complying with the requirements of the Building Code for zero property line clearance, no sideyard will be required.

2.

Where a side line of a lot in this district abuts the side line of a lot in a residential district (Districts "A," "B," or "E"), a side yard shall be provided the same as required in the residential district it abuts.

3.

Where the side yard is adjacent to a street, the side yard shall be not less than ten (10) feet.

4.

Any building exceeding three (3) standard stories shall have a sideyard of four (4) feet for each additional story.

(c)

Rear Yard. A minimum rear yard of ten (10) feet shall be provided. The minimum rear yard shall be increased one (1) foot for each two (2) feet in height if the building exceeds six (6) standard stories.

(7)

Required Screening Device. Where off-street parking and/or loading areas within the "D-1" District are located adjacent to residentially-zoned property within Districts "A," "B," and/or "E," or lies directly across the street from such residentially-zoned property, there shall be located along all common property lines a screening device consisting of a continuous solid wooden fence, masonry wall, or landscaped earthen berm with a minimum height of six (6) feet, except that the height of such fence, wall, or earthen berm shall not exceed thirty (30) inches within any front yard setback area adjacent to a public or private street, when placed perpendicular to that street. In the instance of a masonry wall or wooden fence, the finished side of the wall or fence shall be to the adjacent property.

(8)

Exterior Lighting. The standards required for all exterior lighting in the "D-1" District shall be the same as those outlined in Section 20-8.1(C)(9).

(Ord. No. 24-05, 10-2-2024)