(a) Uses.
(1) Village Center Sub District.
A. Permitted Uses - The following uses shall be permitted:
1. Administrative, executive, legal, financial, accounting, clerical, design, engineering, drafting, medical, dental, orthodontia, ophthalmological and other compatible professional services listed in the North American Industry Classification System (NAICS) Code 541.
2. Offices and sales offices, provided the display areas or showrooms do not exceed twenty percent (20%) of the usable floor area of the building.
3. Accessory uses which do not exceed thirty percent (30%) of the usable floor area of the building and which are clearly incidental to the principal uses permitted in this section.
4. Governmental or quasi-governmental use.
5. Sidewalk sales and service uses such as galleries, sales and garden shops subject to regulations of Section 1151.07.
6. Vertical integration of uses is allowable
B. Conditional Uses - The following uses shall be permitted as conditional uses:
1. Accessory buildings and uses customarily incidental to any of the primary uses and not involving the conduct of business.
2. Private garage, home occupation and private stable as regulated as to the number of animals that may be kept as provided in Section 1141.36.
3. Dwelling multiple.
4. Motels and Hotels.
5. Taverns and Restaurants.
6. Hardware, paint, floor coverings, wall paper, materials and objects for interior decorating, outdoor accessories, and repair of household items, building supplies and bicycles.
7. Retail sales of furniture, appliances, and other major household articles.
8. Amusement and recreational uses such as a bowling alley, theater, indoor racquetball court, indoor tennis court, but excluding drive-in theaters and other drive-in uses such as miniature golf and driving ranges and other uses where the recreation is primarily outdoors.
9. Barbers, hair dressers.
10. Art, photo, stationery, notions toy, book, music and gift sales. Souvenirs or souvenir-oriented materials shall not exceed five percent (5%) of total display area.
11. Banks or financial institutions where drive-in facilities are incidental to the operation of the facilities.
12. Clothing, apparel, shoe, and variety stores. Souvenirs or souvenir-oriented material shall not exceed five percent (5%) of total display area.
13. Florist and gift shop. Souvenirs or souvenir-oriented materials shall not exceed five percent (5%) of total display area.
14. Grocery store, drug store.
15. Jewelry store.
16. Shoe repair store.
17. Tailor and dress maker shops.
18. Non-paid, off-street parking lot.
19. Medical supplies.
20. Computer sales and service.
21. Building trades.
22. Bed and breakfast.
23. Microbrewery.
24. Similar uses that meet the purpose and intent of the Village Comprehensive Land Use Plan, and as determined by the Planning Commission.
(2) Office Residential Sub District.
A. Permitted Uses - The following uses shall be permitted:
1. Administrative, executive, legal, financial, accounting, clerical, design, engineering, drafting, medical, dental, orthodontia, ophthalmological and other compatible professional services listed in the North American Industry Classification System (NAICS) Code 541.
2. Offices and sales offices, provided the display areas or showrooms do not exceed twenty percent (20%) of the usable floor area of the building.
3. Accessory uses which do not exceed thirty percent (30%) of the usable floor area of the building and which are clearly incidental to the principal uses permitted in this section.
4. Governmental or quasi-governmental use.
5. Sidewalk sales and service uses such as galleries, sales and garden shops subject to regulations of Section 1151.07.
6. Vertical integration of uses is allowable.
B. Conditional Uses- The following uses shall be permitted as conditional uses:
1. Single-family dwelling; home occupation.
2. Accessory buildings and uses customarily incidental to any of the primary uses and not involving the conduct of business.
3. Private garage, home occupation and private stable as regulated as to the number of animals that may be kept as provided in Section 1141.36.
4. Dwelling multiple.
5. Motels and Hotels.
6. Taverns.
7. Hardware, paint, floor coverings, wall paper, materials and objects for interior decorating, outdoor accessories, and repair of household items, building supplies and bicycles.
8. Retail sales of furniture, appliances, and other major household articles.
9. Amusement and recreational uses such as a bowling alley, theater, indoor racquetball court, indoor tennis court, but excluding drive-in theaters and other drive-in uses such as miniature golf and driving ranges and other uses where the recreation is primarily outdoors.
10. Restaurants, barbers, hair dressers.
11. Art, photo, stationery, notions toy, book, music and gift sales. Souvenirs or souvenir-oriented materials shall not exceed five percent (5%) of total display area.
12. Banks or financial institutions where drive-in facilities are incidental to the operation of the facilities.
13. Clothing, apparel, shoe, and variety stores. Souvenirs or souvenir-oriented material shall not exceed five percent (5%) of total display area.
14. Florist and gift shop. Souvenirs or souvenir-oriented materials shall not exceed five percent (5%) of total display area.
15. Grocery store, drug store.
16. Jewelry store.
17. Shoe repair store.
18. Tailor and dress maker shops.
19. Non-paid, off-street parking lot.
20. Medical supplies.
21. Computer sales and service.
22. Building trades.
23. Bed and breakfast.
24. Microbrewery.
25 Similar uses that meet the purpose and intent of the Village Comprehensive Land Use Plan, and as determined by the Planning Commission.
(3) Mixed Use General Sub District.
A. Permitted Uses - The following uses shall be permitted:
1. Administrative, executive, legal, financial, accounting, clerical, design, engineering, drafting, medical, dental, orthodontia, ophthalmological, and other compatible professional services listed in the North American Industry Classification System (NAICS) Code 451.
2. Offices and sales offices, provided the display areas or showrooms do not exceed twenty percent (20%) of the usable floor area of the building.
3. Accessory uses which do not exceed thirty percent (30%) of the usable floor area of the building and which are clearly incidental to the principal uses permitted in this section.
4. Governmental or quasi-governmental use.
5. Sidewalk sales and service uses such as galleries, sales and garden shops subject to regulations of Section 1151.07.
6. Vertical integration of uses is allowable.
B. Conditional Uses - The following uses shall be permitted as conditional uses:
1. Accessory buildings and uses customarily incidental to any of the primary uses and not involving the conduct of business.
2. Motels and Hotels.
3. Taverns.
4. Hardware, paint, floor coverings, wall paper, materials and objects for interior decorating, outdoor accessories, and repair of household items, building supplies and bicycles.
5. Retail sales of furniture, appliances, and other major household articles.
6. Amusement and recreational uses such as a bowling alley, theater, indoor racquetball court, indoor tennis court, but excluding drive-in theaters and other drive-in uses such as miniature golf and driving ranges and other uses where the recreation is primarily outdoors.
7. Restaurants, barbers, hair dressers.
8. Art, photo, stationery, notions toy, book, music and gift sales. Souvenirs or souvenir-oriented materials shall not exceed five percent (5%) of total display area.
9. Banks or financial institutions where drive-in facilities are incidental to the operation of the facilities.
10. Clothing, apparel, shoe, and variety stores. Souvenirs or souvenir-oriented material shall not exceed five percent (5%) of total display area.
11. Florist and gift shop. Souvenirs or souvenir-oriented materials shall not exceed five percent (5%) of total display area.
12. Grocery store, drug store.
13. Jewelry store.
14. Shoe repair store.
15. Tailor and dress maker shops.
16. Non-paid, off-street parking lot.
17. Medical supplies.
18. Computer sales and service.
19. Building trades.
20. Bed and breakfast.
21. Microbrewery.
22. Gas or fueling stations.
23. Similar uses that meet the purpose and intent of the Village Comprehensive Land Use Plan, and as determined by the Planning Commission.
(b) The Planning Commission may issue conditional zoning certificates for uses listed herein and subject to the general requirements of Chapter 1149 and Chapter 1151. Any request for a conditional use within the Overlay District shall only be approved upon a finding, by the Planning Commission, that each of the following general standards is satisfied, in addition to any applicable requirements contained within the code of ordinances:
(1) The proposed use will be consistent with the intent and purposes of this zoning code and the Village Comprehensive Land Use Plan.
(2) The proposed use will comply with all applicable requirements of this code, except as specifically altered in the approved conditional use.
(3) The proposed use will be compatible with the character of the general vicinity.
(4) The proposed use and site layout will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. Due consideration will be given to the location and height of proposed buildings and structures, location and type of proposed fences or walls, location and screening of parking areas, roadways and roadway connections, and the location and type of proposed landscaping and buffer areas.
(5) The area and proposed use will be adequately served by essential public facilities and services, as applicable, such as highways, streets, police, and fire protection, drainage structures, refuse disposal, water and sewer. The applicant or landowner will be required to install public utilities, streets or other public infrastructure as required by the city, state or other agencies to applicable specifications that are necessitated by the conditional use development. Dedication of said public infrastructure may be required.
(6) The proposed use will not involve uses, activities, processes, materials, equipment or conditions of operation, that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odor or other characteristic not comparable to the uses permitted in the zoning district.
(7) The location and scale of the use, the nature and intensity of the proposed operations, the site layout and the relation of the proposed use to surrounding streets will not cause undue traffic congestion or hazards adjacent to the site or in the immediate vicinity beyond that which would be normally expected based on the existing pattern of uses and the planned character reflected in the Village's Comprehensive Land Use Plan. Peak hour volumes, turning movements, existing street capacity, driveway spacing, sight distances and pedestrian traffic shall all be considered.
(8) The proposed use will protect identified natural areas as outlined in the Village Comprehensive Land Use Plan.
(9) The proposed use will protect the health, safety, and welfare; and the social and economic wellbeing of those who will use the land or activity under consideration, the residents, business owners and landowners immediately adjacent to the proposed use or activity, and the community as a whole.
(10) The proposed use will promote connectivity within the site and to adjoining roadways and development areas.
(11) The proposed use will include quality public and semi-public spaces that help advance the goals for the Hines Hill Corridor Plan.
(12) No single tenant space shall occupy more than 50,000 sq. ft.
(Ord. 2016-11-19. Passed 12-13-16.)