(a)

Purpose and intent.

(1)

This zoning district includes the geographic downtown area known as the central business district and the similar area of the city within the Hannibal Square Neighborhood Commercial District (HSNCD) of the city's community redevelopment area (CRA). This zoning district is not categorized as commercial or mixed-use because of the unique provisions contained in the land development code such as vertical zoning and the existence of much of this district also being within a National Register Historic District. As detailed in the comprehensive plan, CBD district zoning is not permitted on any property except if it is within the central business district area depicted in the CBD Map (D-2) in the definitions section, generally described as west of Knowles Avenue, south of Swoope Avenue, north of Comstock Avenue and east of and including the New York Avenue Corridor, or it is on properties abutting Morse Blvd between Capen and Virginia Avenues, abutting the south side of Morse Boulevard between Virginia and New York Avenues, abutting New England Avenue between Pennsylvania and New York Avenues, abutting Pennsylvania Avenue between Garfield and Lyman Avenues, or abutting Hannibal Square, East. No applications for CBD zoning shall be accepted for any property outside these designated areas. Moreover, even properties within these designated areas shall have no vested right to CBD zoning. This district has different requirements than other zoning designations, especially pertaining to setbacks, parking requirements, height limitations and permitted land uses, including a prohibition on drive-in businesses. This district is established to encourage the continuation of the present unique Park Avenue business district of the city and to provide for its use within certain other defined geographical areas as specified in the comprehensive plan.

(2)

The regulations outlined in this district encourage the continuation of the present aesthetically pleasing central business district, provide areas for the concentration of compatible land uses, and provide for appropriate retail, office, restaurant and residential uses which will strengthen the city's economic base.

(3)

For purposes of this section, the Park Avenue Corridor is that area which encompasses those properties having frontage on Park Avenue or on adjacent roads within 140 feet of Park Avenue.

(b)

Permitted uses. All permitted uses shall be conducted so as to emphasize the pedestrian orientation of the district. Thus, drive-in-type businesses or uses which have a drive-in component as part of their operation shall not be permitted. All uses permitted shall be conducted exclusively within a building except those uses permitted which are customarily conducted in the open such as off-street parking and outdoor patio seating for dining. Storage shall be limited to accessory storage of commodities sold at retail on the premises and storage shall be within a completely enclosed building. Bars, taverns, cocktail lounges, and fast food restaurants are prohibited in this zoning district. In addition, no single tenant building larger than 65,000 square feet is permitted regardless if portions of such single tenant business, such as a grocery store, may have a sublease for an interior coffee shop, bank, etc.

(1)

Retail businesses involved in the sale of merchandise on the premises within enclosed buildings but excluding resale establishments or pawn shops (other than clothing resale stores) and excluding vapor lounges, smoke shops, cigar stores and liquor stores.

(2)

Personal services limited to hotels, and shoe/watch repair businesses but excluding places of amusement such as game rooms, video or internet arcades, tattoo, body art or fortune-telling businesses and the like.

(3)

Banks, savings and loans, financial institutions, nonprofit organizations, travel agencies, photographic studios, interior design studios, barber shops, beauty/nail salons, spas, state-licensed massage therapists, cosmetic and skin care treatment businesses, governmental, educational, medical, real estate and other offices but only when such uses are located above the ground floor within the Park Avenue Corridor or located on any floor outside the Park Avenue Corridor. This shall be referred to as the Park Avenue corridor vertical zoning restrictions.

(4)

Residences located on any floor outside of the Park Avenue Corridor but only above the ground floor within the Park Avenue Corridor and on properties with frontage on New England Avenue between Pennsylvania and Park Avenues.

(5)

Public and semi-private facilities such as museums, lodges, libraries and the like.

(6)

Fine dining restaurants, as well as specialty food and beverage establishments, except that only those restaurants satisfying the criteria set forth below shall be permitted uses in the Park Avenue Corridor.

a.

Fine dining restaurants. To qualify for a permitted use, a fine dining restaurant must provide, and continually adhere to, a detailed written description of the business operations and plan layout of dining and food service areas to show the restaurant satisfies the criteria of section 58-95, fine dining restaurant.

b.

Fast casual dining restaurants. Certain other restaurants (other than fast food restaurants, which are a prohibited use) shall qualify for a permitted use in the Park Avenue Corridor, provided that they satisfy the following criteria and do not exceed the percentages set forth in this section:

1.

Upon a patron's request, on-site food and beverage service shall be provided via table service by servers;

2.

Appropriate visible signage is provided to notify patrons of the availability of table service;

3.

The menu consists of a variety of food options including pre-entree items (soups, salads, appetizers, etc.) entrees, sides and desserts;

4.

Non-disposable dinnerware (utensils, plates, etc.) shall be provided;

5.

Food items are predominately freshly prepared on site rather than just the warming, microwaving or final preparation of pre-packaged items; and

6.

All tables are bussed by restaurant staff.

The number of fast casual restaurants shall not exceed 20 percent of the available first floor storefronts of either side of any city block in the Park Avenue Corridor.

c.

Specialty food and beverage establishments. Certain restaurants that do not provide full service but rather limit their offerings to particular food and beverages including, but not limited to, ice cream, frozen yogurt, Italian ice, smoothie, cookie, tea, coffee, wine, cheese, pastry and bakery stores shall qualify as a permitted use in the Park Avenue Corridor.

(c)

Conditional uses. The following uses may be permitted as conditional uses following review by the planning and zoning board and approval by the city commission in accordance with the provisions of this CBD district section only. See section 58-90, conditional uses.

(1)

Restaurants, outside of the Park Avenue Corridor, with the exception of fine dining restaurants, ice cream, tea, coffee, cheese, pastry and bakery shops, with retail sales and consumption on premises;

(2)

Buildings with a third floor and up to 40 feet in height provided that such conditional use approvals require two public hearing approvals by the city commission;

(3)

Retail stores in excess of 6,000 square feet per floor;

(4)

Buildings over 10,000 square feet or any addition over 500 square feet to an existing building over 10,000 square feet or additions over 500 square feet to existing buildings that result in a building over 10,000 square feet in size.

(d)

Accessory uses permitted. Accessory uses shall be permissible for businesses containing more than one type of permitted use. The business tax receipt shall pertain to the principal use. Accessory uses shall not exceed 40 percent of the leasable square footage and may not exceed 12 customer seats.

(1)

For example, a 1,000 square foot bookstore may be permitted to operate a 400 square foot coffee shop for on- or off-site consumption with eight customer seats.

(e)

Minimum building lot size. There shall be no minimum lot size in this district.

(f)

Development standards.

(1)

On all streets, buildings and structures shall be built to a zero-foot building setback from the property line or such front setback as is established by the average front setback of the existing buildings on that block of street frontage, whichever is greater. However, canopies may extend over the sidewalks provided a clearance of nine feet, zero inches is maintained from the sidewalk to the bottom portion of the canopy.

(2)

Building heights shall not exceed the height limits imposed by the maximum height map. For those properties within the geographic areas shown with a two-story maximum, the maximum building height shall be 30 feet; for those properties shown with a three-story maximum height, the maximum building height may be up to 40 feet if approved via conditional use. Variances for more than three stories in the central business district are prohibited. Parapet walls, mansard, gable or hip roof appendages or similar architectural elements or appendages on a one- or two-story building may be added to the building height but in no case shall extend more than five feet above the building roof height limitations established in the section. Mechanical equipment, elevator towers and related nonoccupied structures may be added to the building roof height but in no case shall exceed more than ten feet above these building roof height limitations and shall be located to the maximum extent possible so that they are not visible from the street.

(3)

Buildings shall be setback no less than ten feet from the rear lot line.

(4)

No side yard setbacks shall be required on interior side property lines.

(5)

The maximum floor area ratio for any building shall be 200 percent. The floor area ratio shall include the floor area of any attached or detached above-grade private parking garage.

(6)

The maximum floor area ratios outlined above are not an entitlement and are not achievable in all situations. Many factors may limit the achievable floor area ratio, including limitations imposed by the maximum height map, concurrency management/level of service standards, physical limitations imposed by property dimensions and natural features as well as compliance with applicable Code requirements such as, but not limited to, parking and internal circulation, setbacks, landscaping requirements, impervious lot coverage, design standards and on-site and off-site improvements and design amenities required to achieve land use compatibility. Land located across a street and/or separated from the building site shall not be included in the floor area ratio calculations.

(7)

Residential density.

a.

The maximum residential density shall not exceed 17 units per acre.

b.

Notwithstanding this residential density limit, the property at 444 W. New England Avenue may be used at a maximum residential density of up to 48 units per acre. This density allowance may only be applied to residential use within the existing second floor of the existing building as of the date of adoption of this subsection. Residential units are not permitted on the ground floor of the building located at 444 W. New England Avenue.

(8)

Terracing and articulation requiring additional setbacks are required to create relief to the overall massing of the building facades. Such design features of building facade articulation are required at least every 60 feet, on average, along the primary building facades facing the streets, or along the building frontage where the building fronts the primary parking lot area. For any building over two stories in height and over 200 feet in length, there shall be a 35-foot break on at least the first floor, the design of which shall be a component of the architectural review process required for conditional use. For any building over two stories or 30 feet in height, a significant portion of the top floor shall be terraced and stepped back from the exterior face of the next lower floor. Parking structures are exempt from this terracing requirement.

(9)

Any above-grade parking garages or decks constructed within this district must be at least 100 feet away from any property used for single-family or low-density residential.

(10)

Other Code sections related to development that should be referenced include, but are not limited to, off-street parking regulations, maximum height map, general provisions, definitions, sign regulations (article IV), environmental protection (article V) (this section includes division 1, stormwater; division 6, tree preservation; division 8, landscape regulations; division 9, irrigation regulations; and division 10 exterior lighting), subdivision regulations (article VI), historic preservation (article VIII) and concurrency management regulations (article II).

(11)

All properties facing on Park Avenue or adjacent roads within 140 feet of Park Avenue or that are located across from Central Park and all properties that abut Central Park, where development would impact the open vista of Central Park shall be limited to two stories in height as depicted on the maximum height map. Variances or approvals of development in violation of this policy are prohibited.

(g)

Nonconforming uses.

(1)

Notwithstanding the provisions for nonconforming uses elsewhere in this article, those properties which are nonconforming uses with respect to the Park Avenue Corridor vertical zoning restrictions shall be permitted to change occupancy or tenancy to a similar nonconforming use provided the existing use on the premises is not discontinued for a period of three months or more.

(2)

Notwithstanding the provisions for these nonconforming uses elsewhere in this article, those properties which are nonconforming uses with respect to the Park Avenue Corridor, vertical zoning restrictions, shall be allowed to relocate and exchange locations with an existing permitted use provided the square footage and frontage remains the same or less and provided the original nonconforming use space is converted and committed to use as a permitted use and provided such a relocation and exchange is approved by the city commission.

(h)

Park Avenue Corridor Vertical zoning restrictions special circumstances. In certain instances, there may exist buildings or tenant spaces that are within the Park Avenue Corridor vertical zoning restrictions which present special circumstances which mitigate against prohibiting ground-floor businesses, such as offices, beauty/barber salon, spas, cosmetic treatments businesses. These building areas may receive a special exception from the Park Avenue Corridor vertical zoning restrictions. In addition to the criteria previously detailed in that section, the following additional factors must be satisfied. The use must occupy floor space which fronts on a side or rear street other than Park Avenue or consist of an interior space fronting on an adjoining pedestrian arcade which does not front on Park Avenue. The area must either be an independent structure or not exceed 25 percent of the ground-floor area of all existing tenant space within the building involved. The area must not be visible from Park Avenue or should be remote from visibility if located on a side street. The area must not inhibit the predominately retail character of the immediately surrounding area of the central business district.

(i)

Restaurants. The following standards and criteria shall apply:

(1)

The city has established that outside of the Park Avenue Corridor all existing and proposed restaurants are conditional uses in this zoning district, except fine dining restaurants, and specialty food or beverage establishments, with retail sales and consumption on premises. For those restaurants that are conditional uses, renovations, changes in decor, floor plan, menu or operating hours up to midnight are not deemed to be significant changes which require amendment of the conditional use permit. Changes which result in the addition of building area, seating or operating hours beyond midnight are deemed to be significant changes which require amendment/approval of a conditional use.

(2)

In order for these restaurant CBD zoning regulations to be effectively applied, this article contains strict definitions of fine dining restaurants, fast casual dining restaurants, and specialty food or beverage establishments, which are either permitted uses or require conditional use approval, and cocktail lounges, taverns, and bars, as well as fast food restaurants, which are prohibited uses. Generally, if there is consumption of either food or alcoholic beverages on the premises, then the conditional use requirement applies with the exceptions of the permitted uses shown in subsection (b)(6) above. If the business is solely for food or alcoholic beverage sale for consumption off the premises, then conditional use approval is not required. With food stores or convenience stores where the primary business is the retail sale of food and beverages for consumption off premises, or when prepared sandwiches or other food is clearly incidental to the principal retail activity, then limited consumption on premises (up to ten seats) inside the premises is permitted without conditional use approval. Otherwise, if a restaurant does not fit under one of the permitted uses in subsection (b)(6) above, then conditional use approval is required.

(3)

Among the issues reviewed for conditional uses in this district, the adequacy of parking is often the most contentious. A frequent proposition is that the type of business, its menu, its hours or its size will cater exclusively to pedestrian traffic from employees and visitors already in the downtown. In light of the ability for the nature of the business to change, this proposition is not agreed to be an acceptable argument for the inadequacy of private parking.

(4)

The hours and types of amplified musical entertainment permitted within any type of restaurant shall be governed by the noise regulations within chapter 10 of the Code of Ordinances.

(j)

Standards and criteria for conditional uses.

(1)

General. These standards are in addition to the standards set forth in section 58-90. Each application for a conditional use shall be accompanied by a site plan, drawn to scale, showing the location and area of the building with respect to the adjacent building including all driveways, sidewalks and off-street parking spaces. The site plan submittal shall also include floor plan(s) depicting the area intended to be devoted to customer use, employee use, and storage needs. Upon approval of any application, said site and floor plan and accompanying data plus any conditions imposed by the city commission shall become part of the conditional use permit. It may be amended only by the city commission after receipt of a recommendation from the planning and zoning board. A conditional use permit may be issued after a hearing based on the following criteria:

a.

The proposed use is in keeping with the character of the central business district or CRA area as a distinctive retail and restaurant district of individual specialty stores and fine dining restaurants;

b.

The proposed use will not negatively affect the aesthetic character of the area nor create or significantly increase vehicle and pedestrian conflicts;

c.

The proposed use will not cause traffic congestion due to vehicles obstructing the public streets while waiting to use any facility, or in any manner obstruct traffic;

d.

The proposed use provides a degree of private off-street parking that is in keeping with its peak and normal demand for parking.

(2)

Three-story buildings. In addition to the other conditional use criteria specified for conditional uses within this district, the following standards and criteria shall also apply and be satisfied for such approvals:

a.

The proposed building, building addition or tenant space shall have an exterior architectural style and appearance that complies with the criteria established within the facade design guidelines adopted as part of this district. Furthermore, the building, building addition or tenant space shall be designed to be consistent with the architectural style of the existing building.

b.

The proposed building, building addition or tenant space shall comply with the parking requirements as required for new building space as specified in this Code.

c.

Four votes of the city commission shall be required for approval.

(k)

Hannibal Square Neighborhood Business District.

(1)

The Hannibal Square Neighborhood Commercial District (HSNCD) area shall be restricted to the following areas:

a.

Properties abutting Morse Boulevard between Capen Avenue and Virginia Avenue;

b.

Properties abutting New England Avenue between Pennsylvania and New York Avenues;

c.

Properties abutting Pennsylvania Avenue between Lyman and Garfield Avenues, including those existing commercial properties just north of Garfield Avenue; and

d.

Properties abutting Hannibal Square East.

(2)

In order to implement the comprehensive plan and the community redevelopment area (CRA) plan, there are established special provisions for the development of buildings and other improvements in this area which shall take precedence over other provisions of this article.

(3)

In this HSNCD area, third floors shall be restricted and limited to residential use only and a deed restriction to that effect, enforceable by the city, shall be required as a condition of obtaining a building permit for the construction of a third floor.

(4)

Building heights on the north end of Pennsylvania Avenue shall be two stories maximum when transitioning to residential.

(5)

Development approvals must ensure that compatible land use relationships occur, particularly between land uses within perimeter areas of the HSNCD and areas 500 feet outside this area so as to protect the surrounding residential areas and local churches and other nonprofit organizations from incompatible uses.

(6)

In this HSNCD area, all new buildings and building additions over 500 square feet shall require site and building plan approval by the city commission at a public hearing. Prior to that hearing, the planning and zoning board shall also review such site and building plans at a public hearing and shall provide their recommendation.

(Ord. No. 2332, § 3, 10-26-99; Ord. No. 2339, § 1, 12-14-99; Ord. No. 2475-02, § 1, 8-13-02; Ord. No. 2532-03, § 1, 9-8-03; Ord. No. 2547-03, § 1, 11-10-03; Ord. No. 2551-03, § 2, 11-24-03; Ord. No. 2574-04, § 1, 3-22-04; Ord. No. 2589-04, § 1, 7-12-04; Ord. No. 2796-10, § 1(Exh. A), 2-22-10; Ord. No. 2849-11, § 6, 9-12-11; Ord. No. 2894-12, § 1, 11-12-12; Ord. No. 2936-13, § 3, 9-9-13; Ord. No. 2986-14, § 4, 12-8-14; Ord. No. 3096-17, § 4, 12-11-17; Ord. No. 3119-18, § 1, 8-13-18; Ord. No. 3317-24, § 1, 10-17-24; Ord. No. 3349-25, § 5, 7-9-25)