(a) Residences in the upper stories of existing buildings, provided that each dwelling unit has at least 1,000 square feet of habitable floor area, and further provided that a specific Development Plan for the project is approved by the Board of Zoning Appeals.
(b) One-family detached dwellings, provided such dwellings meet the development standards of the R-3 District.
(c) Uses with drive-through facilities, provided a Development Plan is prepared and approved by the Board of Zoning Appeals.
(d) Processing, assembly and/or packaging of products or materials, provided such operations are carried out totally within the building, such operations do not produce levels of noise or odors perceptible outside the building, and such use promotes the purpose of the DB District as stated in Section 1175.01.
(e) Any combination of two or more individual permitted or conditional uses on separate floors of an existing building.
(f) Outside dining is permitted in the public right of way in the DB District, provided that:
(1) A proposed scale drawing detailing the placement of seating, tables, fencing and access to a restroom facility is provided to the Board of Zoning Appeals, which will conduct a hearing and make a determination in accordance with Bucyrus Codified Ordinance 1149.
(2) All seating and fencing must be contained in the designated retail zone, identified as:
A. The area extending up to 6 feet from the exterior wall of the structure onto the sidewalk immediately adjacent to the exterior wall, and,
B. Within the property boundaries of the structure and does not exceed 95 feet in total length, and
C. Provided that an open and clear pedestrian zone of 48 inches (4 feet). Permanent City installed trash receptacles, light posts and any other feature are considered permanent obstructions that must be considered when determining the 48 inches unobstructed zone.
(3) All furniture and other items must be of commercial grade and designed for outdoor use, must be temporary and not permanently affixed. All furniture and fencing must be removed from the right of way during any downtown event where Sandusky Avenue is closed in whole or in part for more than 24 hours, or during any other prohibited period.
(4) Outdoor seating will only be permitted from April 1 through October 31 of each year. Liquor consumption is only permitted between the hours of 7 a.m. to 10 p.m. during the outdoor dining season. No outside liquor sales are permitted on Sunday.
(5) Fencing must be constructed of decorative metal, must be removable and a picture or sample of the proposed fencing must be provided to the Board of Zoning Appeals at the time of the conditional use hearing. No fence is required if the applicant will not have outdoor liquor sales.
(6) The business owner must provide proof of liability insurance in an amount not less than $1,000,000.00, listing the City of Bucyrus as an additional insured. The business must submit a Certificate of Insurance stating all policy limits and insureds no later than May 1st of each year,
(7) Permanent planters or floral displays must be approved by the City and placed within the Retail Zone set forth in subsection (2) above.
(8) All beverages and food served in the designated retail area pursuant to a conditional use outdoor dining permit, must be served in recyclable plastic containers that clearly indicate the business from which they were provided. Each business will be responsible for insuring that the designated retail area in front of their business remains free of trash and debris and that all beverage and food containers from the business are properly disposed of in appropriate recycling or trash containers.
(9) Upon petition by the Zoning Administrator the Board of Zoning Appeals may terminate the conditional use permit if; There are more than three disorderly conduct violations, alcohol or liquor violations, excessive noise violations or any other felony or misdemeanor violations, or any combination thereof, totaling more than three violations in the business or its outside dining area within any 12 month period, or if the business receives more than three warnings within a 12 month period for litter violations related to improper disposal of beverages or food serving items.
(Ord. 40-2017. Passed 8-15-17.)