The business districts set forth herein are established to protect public health, to promote public safety, comfort, convenience and the general welfare, and to protect the economic base of the city and the value of property. These general purposes include, among others, the following specific objectives.

   (A)   To promote the most desirable use of land in accordance with a well considered plan so that adequate space is provided in appropriate locations for the various types of business uses, thereby protecting and strengthening the economic base of the city.

   (B)   To place in separate districts those businesses which may create noise, odors, hazards, unsightliness, or which may generate excessive traffic.

   (C)   To permit selected business uses in districts where adjacency to or inclusion in a residential area has sufficient elements of service or convenience to the areas to offset the disadvantage.

   (D)   To encourage the grouping in appropriate locations of compatible business uses which will tend to draw trade that is mutually interchangeable and so promote public convenience and business prosperity and contribute to the alleviation of traffic and pedestrian congestion.

   (E)   To provide for the establishment of off-street parking facilities, permitted and required, so as to alleviate traffic congestion and so promote shopping convenience and business prosperity.

(1992 Code, § 155.050) (Ord. passed 5- -1969)

   (A)   Permitted uses. The following uses are permitted in the B-1 Limited Retail Business District.

      (1)   Dwelling units, provided they are located above the first floor and above a permitted business use. Dwelling units shall not be permitted on the ground floor of business buildings or in the rear of business establishments on the ground floor.

      (2)   Art and school supply stores.

      (3)   Auto accessory store, where there is no driveway entrance across the sidewalk into the principal building.

      (4)   Bakery shop, including the baking and processing of food products, when prepared for retail use on the premises only.

      (5)   Banks and financial institutions.

      (6)   Barber shop, beauty parlor, chiropody, massage or similar personal service shop.

      (7)   Cook and stationery stores.

      (8)   Meeting halls, lodge halls, fraternal organizations and clubs, provided they are located in a basement or above the first floor and above a business use permitted in this section, or the uses may be located on the ground floor when permitted business establishments occupy street frontage except for an entrance way to the rear use.

      (9)   Candy and ice cream shops.

      (10)   Camera and photographic supply shops for retail sale.

      (11)   Coin and philatelic stores.

      (12)   Custom dressmaking, millinery, tailoring or shoe repair when conducted for retail sales on the premises only.

      (13)   Currency exchanges.

      (14)   Department stores.

      (15)   Drug stores.

      (16)   Dry-cleaning and pressing establishments, when employing facilities for the cleaning and pressing of not more than 1,750 pounds of dry goods per day and when using nonflammable solvents approved by the Fire Department.

      (17)   Dry-goods store.

      (18)   Electric appliance store and repair, but not including appliance assembly or manufacturing.

      (19)   Florist shop and conservatory for retail trade on the premises only.

      (20)   Food and fruit stores.

      (21)   Frozen food store.

      (22)   Furniture store and upholstery when conducted as part of the retail operations and secondary to the main use.

      (23)   Furrier, when conducted for retail trade on the premises only.

      (24)   Garden supplies and seed stores.

      (25)   Gift shops.

      (26)   Hardware shops.

      (27)   Haberdashery.

      (28)   Hobby stores.

      (29)   Hotels, including dining and meeting rooms, when business uses occupy the street frontage except for an entrance-way to the hotel lobby.

      (30)   Household appliance store.

      (31)   Interior decorating shops, including upholstery and making of draperies, slip covers, and other similar articles, when conducted as part of the retail operations and secondary to the main use.

      (32)   Jewelry store and watch repair.

      (33)   Launderette and laundromat.

      (34)   Leather goods and luggage store.

      (35)   Liquor stores and taverns (subject to local regulations).

      (36)   Loan offices, when located above the first floor and above a business use permitted in this section.

      (37)   Meat markets.

      (38)   Musical instrument sales and repair, retail trade only.

      (39)   News stand.

      (40)   Notions store.

      (41)   Offices, business and professional, including medical clinics.

      (42)   Optician, optometrist.

      (43)   Paint and wallpaper store.

      (44)   Photography studio, including the developing of film and pictures when conducted as a part of the retail business on the premises.

      (45)   Plumbing showroom without shop or repair facilities.

      (46)   Postal substations (finance stations and contract stations).

      (47)   Public utility collection offices.

      (48)   Restaurant, tea room or café, when the establishment is not of the drive-in type where food is served to occupants remaining in motor vehicles.

      (49)   Savings and loan association.

      (50)   Sewing machine sales and service.

      (51)   Shoe store.

      (52)   Signs, as defined and regulated in § 155.150.

      (53)   Sporting goods store.

      (54)   Stationery store.

      (55)   Telegraph office.

      (56)   Tobacco shop.

      (57)   Toy store.

      (58)   Travel bureau and transportation ticket office.

      (59)   Typewriter and adding machine sales and service.

      (60)   Variety store.

      (61)   Wearing apparel shop.

      (62)   Any other similar type retail store not specifically listed herein, and which has economic compatibility with established uses on adjoining properties.

      (63)   Any use permitted in the B-2 Business District may also be permitted in this district, provided it is located in the basement or above the first floor.

      (64)   All activities, except for automobile off- street parking facilities as permitted or required in this B-1 District, shall be conducted wholly within an enclosed building.

   (B)   Height of building. No building or structure shall be erected or structurally altered to exceed a height of 3 stories, nor shall it exceed 35 feet in height. Parapet walls, chimneys, cooling towers, elevator bulkheads, stacks and necessary mechanical appurtenances may be erected over and above the maximum height of 35 feet, provided they are constructed in accordance with all building regulations and any applicable ordinances of the city.

   (C)   Yard areas. No building shall be constructed or enlarged unless the following yards are provided and maintained in connection with the building.

      (1)   Front yard.

         (a)   General. No front yard shall be required when all frontage between 2 intersecting streets lies within this district. However, when lots within this district are adjacent to and adjoining lots in a residential district, all of which front upon the same street between 2 intersecting streets, there shall be established the same front yard setback for all of the frontage as has been established in the residential districts.

         (b)   Exception. When existing buildings located in this district have already established a building line at the street line or at a depth less than required above, then all new buildings may conform to the same building line, except for the first 50 feet of B-1 District frontage adjacent to a residential district, whereupon there shall be provided a front setback of not less than 10 feet.

      (2)   Side yards. No side yard is required, except for a corner lot whose rear lot line abuts upon a residential district or upon an alley separating this district from a residential district. There shall then be provided a side yard equal to one-half the front yard required in the abutting residential district, but in no case more than 10 feet. The setback shall also apply if the business building fronts the intersecting street, commonly referred to as the side street.

      (3)   Rear yard. There shall be a rear yard of not less than 20 feet. However, a one-story accessory building may be located thereon, except for the 5 feet adjacent and parallel to the rear lot line or alley line, for the storage of motor vehicles and the unloading and loading of vehicles under roof, as provided herein.

      (4)   Notwithstanding the provisions of divisions (C)(2) and (3) hereof, when existing buildings located in this district have already established a building line at a depth less than required by divisions (C)(2) and (3) hereof, any extensions or enlargements thereof may conform to the same building line provided the extension or enlargement shall not interfere with the safety and general welfare of the public.

(1992 Code, § 155.051) (Ord. passed 5- -1969; Am. Ord. 091487A, passed 9-14-1978; Am. Ord. 2021-MC12, passed 12-13-2021) Penalty, see § 155.999

   (A)   Permitted uses. The following uses are permitted in the B-2 Retail Service and Wholesale Business District.

      (1)   Any use permitted in the B-1 District.

      (2)   Dwelling units, provided they are located above the first floor and above a permitted business use. Dwelling units shall not be permitted on the ground floor of business buildings or in the rear of business establishments on the ground floor.

      (3)   Agricultural implement sales and services.

      (4)   Air conditioning and heating sales and service.

      (5)   Antique shops.

      (6)   Art galleries and studios.

      (7)   Automobile sales and service, but not including automobile body repair and rebuilding or painting of automobiles.

      (8)   Automobile and truck (under 1.5 ton capacity) minor motor repair and service shop, but not including body repair and rebuilding or painting.

      (9)   Automobile and truck repair (major), painting, upholstering, reconditioning, and body and fender repairing when done within the confines of a structure.

      (10)   Automobile service stations.

      (11)   Automobile washing, including the use of mechanical conveyors, blowers and steam-cleaning.

      (12)   Battery and tire service stations.

      (13)   Beverage, non-alcoholic, bottling and distributing.

      (14)   Blueprinting and photostating establishments.

      (15)   Bicycle and motorcycle sales and repair.

      (16)   Billiard and pool rooms, bowlingalleys, dance halls and gymnasiums.

      (17)   Boat showroom.

      (18)   Book binding.

      (19)   Building materials sales, when conducted wholly within a building.

      (20)   Catering establishments.

      (21)   Clubs and fraternal organizations.

      (22)   Contractors’ offices and shops, where no fabricating is done on the premises and where all storage of material is within a building or enclosed area.

      (23)   Costume rental shop.

      (24)   Employment agency.

      (25)   Exterminating shop.

      (26)   Feed and seed store.

      (27)   Garages, public, for storage of private passenger automobiles and commercial vehicles under 1½ tons capacity.

      (28)   Glass cutting and glazing establishments.

      (29)   Greenhouse, wholesale growers.

      (30)   Household appliance repair shop.

      (31)   Laboratories, commercial (medical, dental, research, experimental and testing), provided no production or manufacturing of products takes place.

      (32)   Locksmith.

      (33)   Orthopedic and medical appliance store, but not including the assembly or manufacture of the articles.

      (34)   Parcel delivery station.

      (35)   Pawn shop.

      (36)   Pet shops, kennels or animal hospitals when conducted wholly within an enclosed building.

      (37)   Picture framing when conducted for retail trade on the premises only.

      (38)   Plumbing showroom, heating and roofing supply shops.

      (39)   Photograph developing and processing.

      (40)   Poultry and rabbit killing for retail sale on the premises only.

      (41)   Printing, publishing and issuing of newspapers, periodicals, books, stationery and other reading matter.

      (42)   Processing or assembly limited to the following, provided that space occupied in a building does not exceed 7,500 square feet of total floor and basement space, not including stairwells, or elevator shafts; and provided the processing or assembly can be conducted without noise, vibration, odor, dust or any other condition which might be disturbing to occupants of adjacent buildings. When manufacturing operations of the same or similar products demand space exceeding 7,500 square feet, they shall then be located in the M-1 Manufacturing District:

         (a)   Advertising displays;

         (b)   Awnings, venetian blinds and window shades;

         (c)   Bakers, wholesale;

         (d)   Brushes and brooms;

         (e)   Cosmetics, drugs and perfumes;

         (f)   Electrical equipment appliances;

         (g)   Food processing, packaging and distribution;

         (h)   Jewelry;

         (i)   Medical and dental supplies;

         (j)   Optical goods and equipment;

         (k)   Pattern-making;

         (l)   Products from finished materials such as plastic, bone, cloth, cork, feathers, felt, fibre, paper, fur, glass, hair, horn, leather, precious or semi-precious stone, rubber, shell or yarn.

      (43)   Public auction rooms.

      (44)   Radio and television broadcasting stations.

      (45)   Recreation places, including bowling alley, dance hall, gymnasium, skating rink, archery range, golf practicing range, miniature golf course, or other similar places of amusement or entertainment when operated for pecuniary profit.

      (46)   Restaurants (drive-in car service).

      (47)   Riding academies.

      (48)   Schools: music, dance, business, commercial or trade.

      (49)   Second-hand stores and rummage shops.

      (50)   Silver plating and repair shop.

      (51)   Smoking and processing of meat products.

      (52)   Theater, indoor.

      (53)   Undertaking establishments.

      (54)   Used passenger automobile sales (used car lot) on an open lot or within a building.

      (55)   Wholesale business, excluding a building, the principal use of which is for a storage warehouse.

   (B)   Height of buildings. No building or structure shall be erected or structurally altered to exceed a height of 3 stories, nor shall it exceed 35 feet in height.

   (C)   Yard areas. No building shall be constructed or enlarged unless the following yards are provided and maintained in connection with the building.

      (1)   Front yard.

         (a)   No front yard shall be required when all frontage between 2 intersecting streets lies within this district. However, when lots within this district are adjacent to and adjoining lots in a residential district, all of which front upon the same street between 2 intersecting streets, there shall be established the same front yard setback for all of the frontage as has been established in the residential district.

         (b)   Exceptions. When existing buildings located in this district have already established a building line at the street line or at a lesser depth than required above, then all new buildings may conform to the same building line, except for the 50 feet of B-2 District frontage adjacent to the residential district, whereupon there shall be provided a front setback of not less than 10 feet.

      (2)   Side yard. The same regulations shall apply as required or permitted in the B-1 Business District.

      (3)   Rear yard. The same rear yard regulations shall apply as required or permitted in the B-1 Business District.

      (4)   Notwithstanding the provisions of divisions (C)(2) and (3) hereof, when existing buildings located in this district have already established a building line at a depth less than required by divisions (C)(2) and (3) hereof, any extensions or enlargements thereof may conform to the same building line, provided the extension or enlargement shall not interfere with the safety and general welfare of the public.

(1992 Code, § 155.052) (Ord. passed 5- -1969; Am. Ord. 091487A, passed 9-14-1987; Am. Ord. 072897A, passed 7-28-1997; Am. Ord. 2021- MC12, passed 12-13-2021) Penalty, see § 155.999