The TC-1 Town Center Core District is established as the government and business center of the city and is intended to support medium to high intensity land uses. The Town Center Core District exists to accommodate neighborhood commercial uses and downtown residential development in a pedestrian-friendly environment. Residential uses will only be permitted as a component of a mixed-use development and shall not be allowed on the ground level of any structure.

(Ord. No. 2011-32, § 1(Exh. A), 11-22-11)

Subject to the provisions or restrictions contained in this section and elsewhere in this Code, permitted uses in the TC-1 Town Center Core District are as follows:

(a)

Financial institutions without drive-through service.

(b)

Government buildings and other public or civic facilities, including parks and recreation facilities and transit stations and stops.

(c)

Office uses.

(d)

Personal service businesses such as barbershops, beauty shops, day spas, tailoring, garment alteration and repair, shoe repair, pet grooming, dry cleaning pick-up and drop-off and other personal service uses similar in character and impact. Body art, bail-bond, check-cashing, and other similar services are prohibited.

(e)

Printing and copying.

(f)

Residential uses as a component of mixed-use development only. Residential uses shall not be allowed on the ground floor level of any structure.

(g)

Eating and drinking establishments—Full-service restaurant, limited-service restaurant, take-out only restaurant, bar/lounge, or outdoor dining and/or drinking areas that do not provide for outdoor music, subject to Section 6.24 of this Code as may be applicable.

(h)

Retail uses except automotive sales lots, pawn shops, liquor stores, and tobacco shops.

(i)

Theaters, cinemas and other indoor commercial entertainment facilities.

(j)

Artist studios and art galleries.

(k)

Grocery stores and pharmacies without drive-through service.

(l)

Commercial kitchen.

(m)

Sales, rentals, and/or service of bicycles, mopeds, motorcycles, segways, and scooters.

(n)

Mobile food trucks, subject to the criteria found in Division 6, herein.

(0)

Other commercial uses similar in character, nature and impact to permitted uses listed above.

(Ord. No. 2011-32, § 1(Exh. A), 11-22-11; Ord. No. 2013-25, § 2, 11-26-13; Ord. No. 2015-21, § 5, 9-22-15; Ord. No. 2020-12, § 2, 8-25-20; Ord. No. 2020-24, § 2, 12-1-20)

(a)

Electric vehicle charging stations.

(b)

Uses and structures, as regulated in sections 6.12 and 6.13, which are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures and are not of a nature prohibited under section 30.5.

(c)

Home occupations, subject to the conditions set forth in section 6.5 of this Code.

(d)

Temporary uses under the provisions of section 6.11 of this Code.

(Ord. No. 2011-32, § 1(Exh. A), 11-22-11)

Subject to the provisions or restrictions contained in this section and elsewhere in this Code, allowable conditional uses in the TC-1 Town Center Core District are as follows:

(a)

Automotive retail stores and automotive service stations with related services. Such uses shall only be allowed on lots which front directly on 75th Avenue.

(b)

Car washes.

(c)

Commercial developments with a gross square footage of greater than 25,000.

(d)

Convenience stores without the sale of gasoline or other fuels.

(e)

Cigar shops and cigar bars.

(f)

Financial institutions with drive-through service.

(g)

Pharmacies with drive-through service.

(h)

Public or private parking structures.

(i)

Bed and breakfast inns, subject to the following:

(1)

In addition to any density and intensity which may be allowed, the city shall also establish a reserve of units, not to exceed 50 total temporary lodging units for the entire Town Center Core District, which shall be allocated by ordinance of the city commission upon request of an individual property owner on a case-by-case basis, with evaluation through criteria specified in this Code. Such allocation shall not exceed ten units per acre, or a total of ten units per redevelopment project. The remaining number of available reserve temporary lodging units shall be specified in each city commission ordinance allocating such units and each such ordinance shall provide that no units beyond those remaining available shall be allocated to any subsequent project. This limitation shall be absolute and shall apply regardless of the proposed size or density of the project requesting such allocation.

(j)

Outdoor dining and/or drinking areas that provide for outdoor music, or roof dining and/or drinking areas, subject to Section 6.24 of this Code as may be applicable.

(Ord. No. 2011-32, § 1(Exh. A), 11-22-11; Ord. No. 2013-25, § 2, 11-26-13; Ord. No. 2017-12, § 1, 11-28-17; Ord. No. 2017-30, § 2, 2-27-18; Ord. No. 2020-12, § 2, 8-25-20; Ord. No. 2020-14, § 2, 9-28-20; Ord. No. 2020-24, § 2, 12-1-20)

(a)

All uses and structures not of a nature specifically or conditionally permitted herein are hereby prohibited in the TC-1 Town Center Core District.

(b)

Any use which has been determined under the provisions of Chapter 46 of the Code of Ordinances to be potentially noxious, dangerous or offensive to residents of the district or to those who pass by on public roadways, or are likely for other reasons to be incompatible with the character of the district, is hereby prohibited in the TC-1 Town Center Core District. Uses which are not listed as permitted shall be prohibited, including the following:

(a)

Manufacturing, storage or distribution as a primary use, except artisanal uses.

(b)

Enameling, painting, or plating, except as an artist's studio. Such use must be limited exclusively to the interior of the structure.

(c)

Carting, moving or hauling yards.

(d)

Prisons or halfway houses.

(e)

The manufacture, storage, or disposal of any hazardous wastes or materials.

(f)

Scrap yards.

(g)

Kennels, except as an ancillary use to a police station, veterinary office, or dog grooming facility.

(Ord. No. 2011-32, § 1(Exh. A), 11-22-11)

(a)

Single use or multi-tenant non-residential uses shall not exceed a FAR of 1.00, exclusive of the area of any structured parking.

(b)

The residential density of mixed-use developments shall not exceed 15 units per acre, except as may be provided for in section 39.18 of this Code.

(c)

Mixed-use developments with at least one level of residential use shall receive an additional FAR of 0.45, for a total allowable FAR of 1.45.

(d)

Both maximum commercial FAR and maximum residential density shall be available based upon the entire site area, and the presence of one shall not limit the density or intensity of the other.

(Ord. No. 2011-32, § 1(Exh. A), 11-22-11; Ord. No. 2020-14, § 2, 9-28-20)

(a)

Twenty-eight (28) feet for an exclusively nonresidential uses; or

(b)

Forty (40) feet for bed and breakfasts and buildings containing nonresidential uses mixed with residential uses.

(Ord. No. 2011-32, § 1(Exh. A), 11-22-11)

(a)

Setbacks are as follows:

(Ord. No. 2011-32, § 1(Exh. A), 11-22-11)

Maximum impervious surface ratio (ISR) for all uses shall not exceed 0.90.

(Ord. No. 2011-32, § 1(Exh. A), 11-22-11)

Shall be in accordance with the requirements of Division 23 of the Land Development Code, Off Street Parking and Loading.

(Ord. No. 2011-32, § 1(Exh. A), 11-22-11)

Shall be in accordance with the requirements of Division 22 of the Land Development Code, Landscaping and Tree Protection.

(Ord. No. 2011-32, § 1(Exh. A), 11-22-11)

Shall be in accordance with the requirements of Division 39.

(Ord. No. 2011-32, § 1(Exh. A), 11-22-11)

Shall be in accordance with Division 26.

(Ord. No. 2011-32, § 1(Exh. A), 11-22-11)

Editor's note— Ord. No. 2011-32, § 1(Exh. A), adopted Nov. 22, 2011, enacted provisions designated as § 34.12. To facilitate indexing, said provisions have been redesignated as § 30.13 of this division.