The CBD Central Business District is intended to permit those uses that provide for a variety of retail stores and related activities, and for office buildings and service establishments that occupy the prime frontages in the central business district; and which serve the consumer population beyond the corporate boundaries of the city. The district regulations are designed to promote convenient pedestrian shopping and the stability of retail development by encouraging a continuous retail frontage and by prohibiting automotive-related services and nonretail uses which tend to break up such continuity.

(Ord. No. 802, § 1, 12-14-2020)

In the CBD Central Business District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this chapter:

(1)

Any generally recognized retail business, which supplies commodities on the premises within a completely enclosed building, such as, but not limited to: Foods, drugs, liquor, furniture, clothing, dry goods, notions, or hardware.

(2)

Any personal service establishment which performs services on the premises within a completely enclosed building, such as, but not limited to: Repair shops (watches, radio, television, shoes, etc.), tailor shops, beauty parlors, barber shops, interior decorators, photographers, and dry cleaners.

(3)

Restaurants and taverns where the patrons are served while seated within a building occupied by such establishment, and wherein said establishment does not extend as an integral part of, or accessory thereto, any service of a drive-in or open front store.

(4)

Offices and office buildings of an executive, administrative or professional nature.

(5)

Banks, with drive-in facilities permitted when said drive-in facilities are incidental to the principal function.

(6)

Public and quasi-public buildings, such as, but not restricted to:

a.

Places of worship.

b.

Municipal offices.

c.

Municipal off-street parking.

d.

Libraries.

e.

Museums.

f.

Fraternal Organizations.

(7)

Commercial recreation facilities such as bowling alleys, theatres, and similar uses.

(8)

Offices and showrooms of plumbers, electricians, decorator or similar trades, of which not more than 25 percent of the floor area of the building or part of the building occupied by said establishment is used for making, assembling, remodeling, repairing, altering, finishing, or refinishing its products or merchandise, and provided that the ground-floor premises facing upon and visible from any abutting street shall be used only for entrances, offices or display.

(9)

Business schools, or private schools operated for profit. Examples of private schools permitted herein include, but are not limited to, the following: Dance, music, and voice schools, and art studios.

(10)

Newspaper offices.

(11)

Storage facilities when incident to and physically connected with any principal use permitted, provided that such facility is within the confines of the building or part thereof occupied by said establishment.

(12)

Hotels and motels.

(13)

Other uses which are similar to the above permitted uses.

(14)

Accessory structures customarily incident to the above permitted uses.

(Ord. No. 802, § 1, 12-14-2020)

The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the planning commission at a duly advertised public hearing:

(1)

To encourage and provide for land use diversity and to promote the economic vitality of the central business district, residential occupancy shall be permitted in buildings of two stories in height or greater. In buildings used for the mixing of business and residential occupancy the following conditions shall apply:

a.

No dwelling unit shall occupy any portion of the floor area of the building at grade level along West Jefferson or West Rd.

b.

Dwelling units on the first floor at grade level may be permitted if all of the following conditions are met:

1.

The dwelling unit is setback no less than 35 feet from West Jefferson or West Road, respectively.

2.

The façade of the dwelling unit along any street contains at least 35 percent glass windows and doors. The planning commission may grant a reduction allowing 25 percent glass windows and doors if the applicant provides additional architectural features acceptable to the planning commission.

3.

The building material of the façade of the dwelling unit along the street is brick.

c.

Business uses may occupy any number of the total floor in the building, but no business shall be located on the same floor as a residential use.

d.

No floor in the building may be used for business purposes that is located above a floor used for residential purposes.

e.

No dwelling unit shall have more than two bedrooms.

f.

Each dwelling unit shall comply with the minimum applicable floor area requirement set forth in Article XXIV, Schedule of regulations, in this chapter.

g.

Off-street parking shall be provided for each dwelling unit in accordance with the applicable requirements of Article XXVI in this chapter unless otherwise excused.

(2)

Outdoor eating areas, subject to the following requirements:

a.

They are located and maintained entirely on privately-owned land.

b.

They are accessory to a sit-down restaurant on the same premises.

c.

They shall have been reviewed and approved by local or county health agencies prior to review and approval by the planning commission.

d.

They shall be fenced and when located next to a residential district, shall be screened in accordance with the applicable requirements of Article XXVII in this chapter.

e.

The outdoor eating area is made part of the license of the principal use.

(3)

Sidewalk sit-down restaurants or cafes, subject to the following requirements:

a.

The city may issue revocable annual permits to an eating and drinking establishment, on a limited portion of the public sidewalk adjacent to the business, provided:

1.

The sidewalk on which the cafe is to be located is flat, is in good repair and is physically separated from the abutting street by a raised curb;

2.

The location of the cafe on the sidewalk will not interfere with the clear vision of motorists on the adjoining street, particularly at any intersection of the sidewalk with another street or alley;

3.

The location of the cafe on the sidewalk will not unduly encumber clear and safe passage of pedestrian on the sidewalk;

4.

All tables and chairs shall be located inside the approved area on the sidewalk towards the building, to which it is accessory;

5.

All construction involved in the establishments and maintenance of a sidewalk cafe shall be of a temporary nature and subject to review and approval by the city, or by the jurisdiction in control of the right-of-way;

6.

All eating areas shall be provided with trash receptacles. The property owner or operator of the establishment shall keep the area clean and free of all paper, trash, refuse and debris;

7.

The eating area may be covered by a temporary structure such as a canopy or awning, or umbrella-type shades affixed securely to a table or to the sidewalk, in a manner acceptable to the city or the jurisdiction in control of the right-of-way. Any such temporary structure or umbrella shall be completely within the area on the sidewalk approved for the cafe;

8.

The seating area of the sidewalk cafe must satisfy the applicable requirements of the state construction code with respect to the amount of seating, spacing and points of ingress and egress;

9.

No outdoor cooking will be permitted in any sidewalk cafe permitted in this subsection;

10.

Materials used in conjunction with a sidewalk cafe, including tables, chairs and wait stations shall be fully and completely removed from the sidewalk and kept elsewhere, when the cafe is closed for the season;

11.

The Trenton City Council may, when deemed necessary, and at its discretion, adopt by resolution, additional regulations governing hours of operation, lighting, noise and other aspects of sidewalk cafe operations;

12.

Applications to establish a sidewalk cafe shall be the responsibility of the applicant and shall be reviewed on an annual basis. The application shall be submitted to the building department for review and approval. [As] The building department is conducting its review, the building department may require submittal of a scaled drawing of the proposed sidewalk cafe, including the location and area of the sidewalk involved, the arrangement of tables and chairs, wait stations, etc.;

13.

Application for a sidewalk cafe shall not be approved by the building department until approval to operate the use in the public right-of-way has been received in writing from the city or the jurisdiction in control of the right-of-way; and:

a.

The applicant has executed a statement agreeing, at the applicant's expense, that the City of Trenton, its elected and appointed officials, employees and consulting agents and agencies, are held harmless from, and indemnifying them for and defending them (with legal counsel acceptable to them through any appellate proceedings they wish to pursue until a final resolution, settlement or compromise approved by them) from any liability for loss, damage, injury or casualty to persons or property caused or occasioned by or rising from any act, use, or occupancy or negligence by or of the applicant and any of its agents, agencies, servants, visitors, licenses, or employees occurring during the term of this agreement or any extended term.

b.

The applicant has furnished the City of Trenton with a certificate or other evidence indicating that the applicant has had issued to it a policy or policies of insurance against damage to public property, against bodily injury, including death, to one person and against more than one person, in amounts agreeable to the city. The certificate(s) of insurance shall endorse the City of Trenton as a certificate holder and additional insured and shall provide that coverage may not be terminated without 30 days' prior written notice in the city. Such insurance must provide coverage of the city and its officers, employees and its consulting agents and agencies for any occurrence during the term of the permit. Upon request, the applicant shall provide the city with a copy of the insurance policy(ies), and

c.

The applicant has secured and is maintaining all legally required works disability compensation and unemployment compensation insurance.

14.

A sidewalk cafe may display on the sidewalk in conjunction with the sidewalk cafe, a temporary freestanding sign which shall not be more than five feet in height and which shall not have more than six square feet of display area per side. The sign shall display only the name of the cafe and the menu of the day. The sign shall be placed within the area designated for the sidewalk cafe; and

15.

Prior to issuance of an annual permit by the building department, a permit fee in an amount established by the city council shall be paid to the city. The permit shall include the dates and duration of the sidewalk cafe. Any permits so issued shall be subject to revocation by the city for the applicant's failure to meet or to maintain the area of the sidewalk cafe in strict accordance with all applicable state, county, or local requirements.

(Ord. No. 802, § 1, 12-14-2020)

The following conditions where applicable shall apply to all uses permitted in this district:

(1)

Except as may be otherwise permitted in this district, uses permitted in the CBD Central Business District shall contain all storage of goods and materials for sale and/or distribution within the building, there being no outdoor storage permitted. Any indoor storage shall be ancillary to the principal permitted use or uses in the building and shall not include warehousing or storage other than that normally incidental to the uses permitted in the district.

(2)

Business establishments in the CBD Central Business District shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

(3)

All business, servicing, or processing, except for off-street parking, loading, and unloading, and those open-air uses permitted in the district, shall be conducted within completely enclosed buildings.

(4)

The parking of commercial used or licensed vehicles will be permitted in the rear yard only and any such vehicle shall be clearly incidental to the permitted use. The parking of any such vehicle shall be limited to operable vehicles which are moved off the site on a regular basis and shall not include those used for storage, sales and/or advertising.

(5)

Parking and/or storage of disabled or damaged vehicles is prohibited.

(6)

Except where otherwise regulated in this article, see Article XXIV, Schedule of Regulations, in this chapter limiting the height and bulk of building, and building setbacks.

(7)

Consult Article XXVI, Off-Street Parking, Loading and Layout Standards, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district.

(8)

Consult Article XXVII, Screening and Landscaping, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district.

(9)

Consult Article XXVIII, Site Plan Review, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district.

(10)

Consult Article XXIX, General Provisions, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district.

(11)

Consult Article XXXIII, General Exceptions, in this chapter regarding exceptions to certain regulations as they may apply to certain uses permitted in this district.

(Ord. No. 802, § 1, 12-14-2020)