(A) Intent. The B-2 Central Business District is designed to provide for office buildings and the great variety of large retail stores and related activities which occupy the prime retail frontage by serving the comparison, convenience and service needs of the entire municipal area as well as a substantial area of the adjacent and surrounding residential developments beyond the limits of the municipality. 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 non-retail uses which tend to break up such continuity.
(`73 Code, 15.131, § 5.46)
(B) Principal uses permitted. In a B-2 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 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 such as, but not limited to: repair shops, (watches, radio, television, shoe and 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 the 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) Theaters when completely enclosed.
(5) Offices and office buildings of an executive, administrative or professional nature.
(6) Banks, including bank drive-in facilities.
(7) Municipal buildings and post offices.
(8) Offices and showrooms of plumbers, electricians, decorator or similar trades, in connection with which not more than 25% of the floor area of the building or part of the building occupied by the 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. All storage of materials of any kind shall be within the confines of the building or part thereof occupied by the establishment.
(9) Business schools, or private schools operated for profit. Examples of private schools permitted herein include, but are not limited to, the following: dance studios, music and voice schools, and art studios.
(10) Newspaper offices and printing plants.
(11) Storage facilities when incident to and physically connected with any principal use permitted, provided that such facility be within the confines of the building or part thereof occupied by the establishment.
(12) Automobile display or sales room including incidental servicing and minor repair providing that no portion of a building used for such servicing or minor repair shall have any opening other than stationary windows within 50 feet of a principal entrance of any adjacent CBD establishment nor shall have any vehicular access from the front entrance side of any CBD District.
(13) Other uses similar to the above uses, subject to recommendation, pro or con, of the Planning Commission and approval of the City Council.
(14) Accessory structures and uses customarily incident to the above permitted uses, subject to recommendation, pro or con, of the Planning Commission and approval of the City Council.
(`73 Code, 15.132, § 5.47)
(C) Required conditions.
(1) All business establishments shall be retail or service establishments dealing directly with consumers. All goods provided on the premises shall be sold at retail on the premises where produced.
(2) All business, servicing or processing, except for off-street parking, loading, shall be conducted within completely enclosed buildings.
(D) Uses permitted subject to special conditions. The following uses shall be permitted subject to the review and approval of the Planning Commission and subject further to the conditions hereinafter imposed for each use.
(1) Dwelling units shall not be located below the second story of any building otherwise occupied for B-2 use or those similar to the uses described:
(a) The Planning Commission may impose any conditions, restrictions and safeguards as may be deemed necessary in the interest of public health, safety and welfare;
(b) Off-street parking shall be provided in the ratio of one space per dwelling unit.
(`73 Code, 15.134, § 5.49)
(2) Outdoor seating at restaurants or taverns.
(a) Outdoor seating must be an extended and integral part and accessory thereto of a restaurant or tavern where patrons are also served while seated within the building.
(b) Outdoor seating for restaurants or taverns serving alcoholic beverages shall be allowed to operate during the hours of 10:00 a.m. until 1:00 a.m. Monday through Saturday and during the hours of 12:00 p.m. until 10:00 p.m. on Sunday.
(c) Restaurants or taverns shall not serve food or beverages to a patron at outdoor seating unless the patron is seated at a table;
(d) Advertising on tables, umbrellas or railings is prohibited.
(e) Ingress and egress to the outdoor seating area shall be accessed only from the restaurant or tavern with which it is accessory thereto and provide for a barrier of a quality, design, material and workmanship which ensures safety and convenience of users and the public.
(f) All lighting shall be shielded from adjacent properties.
(g) The Planning Commission may impose any conditions, restrictions, and safeguards as may be deemed necessary in the interest of public health, safety and welfare.
(`73 Code, 15.135, § 5.50)
(Ord. eff. 8-1-67; Am. Ord. passed 1973; Am. Ord. passed 4-12-05; Am. Ord. eff. 6-6-08)