§ 154.092  HSD, HESTER STREET DISTRICT.
   (A)   Purpose. This neighborhood commercial corridor district connects the Highway 3 commercial area to the downtown area and serves as a welcoming gateway to draw activity downtown. The district is also a transition between residential neighborhoods, traffic on Hester Street and higher intensity commercial areas where new development and redevelopment is anticipated. The HSD District includes uses that will not disrupt nearby, low density land uses through high traffic generation, noise, appearance or other nuisances.
   (B)   Permitted uses. Permitted uses in the HSD District include:
      (1)   Essential services;
      (2)   Out-patient health or mental health providers limited to physical therapy, therapeutic massage, chiropractors, dentists, orthodontia, oral surgeons and opticians;
      (3)   Personal services limited to barber/beauty shops and nail and tanning salons;
      (4)   Professional, administrative or clerical service operations including, but not limited to, attorneys, accounts, financial advisors, consulting, insurance, travel and real estate;
      (5)   Production of art and craft products and on-premises retail sales of those products and related products including, but not limited to, painting, decorating and photography studios;
      (6)   Repair services limited to jewelry and small electronic appliance/computer repair shops, but not auto repair; and
      (7)   Tailoring services.
   (C)   Accessory uses. The following are permitted accessory uses in the HSD District:
      (1)   Accessory buildings and uses incidental and customary to uses allowed as permitted, conditional, interim and administratively permitted in this chapter;
      (2)   Fences as regulated by § 154.073 of this chapter;
      (3)   Signs as regulated by §§ 154.160 through 154.170 of this chapter; and
      (4)   Off-street parking and loading as regulated by § 154.067 of this chapter.
   (D)   Conditional uses. The following are conditional uses in the HSD District and require a conditional use permit based upon the procedures and criteria of § 154.026 of this chapter:
      (1)   Retail commercial activities accessory to permitted or conditional use businesses provided that:
         (a)   Merchandise is sold at retail;
         (b)   The retail activity is located within a structure whose principal use is not retail sales; and
         (c)   The retail activity shall not occupy more than 20% of the gross floor area of the principal building.
      (2)   Mixing of residential and business uses within one principal building; provided that:
         (a)   The residential and non-residential uses shall not conflict in any manner;
         (b)   There shall be separate entrances for residential and business uses; and
         (c)   Residential uses shall comply with the off-street parking requirements of § 154.067 of this chapter.
      (3)   Bed and breakfast facilities;
      (4)   Coffee, tea and small cafés; provided that:
         (a)   No roasting is conducted on site;
         (b)   Business hours shall be limited to 7:00 a.m. to 10:00 p.m.;
         (c)   No exhaust or ventilation may be directed to adjacent residential uses; and
         (d)   The facility contains no drive-through service.
      (5)   Production of art and craft products with the potential for negative impacts including noise, vibration and odor such as, but not limited to, sculpture, ceramic/pottery works, furniture and candle making, and the on-premises retail sales of those products and related products; provided that:
         (a)   No exhaust or ventilation may be directed to adjacent residential uses; and
         (b)   Adequate measures are installed to mitigate sound.
      (6)   Two non-residential uses on the same property; provided that, there is very little or no parking demand or traffic associated with one of the non-residential uses.
   (E)   Prohibited uses. The following uses are not allowed in the HSD District:
      (1)   Outdoor storage;
      (2)   Outdoor sales;
      (3)   Auto-oriented uses;
      (4)   Fuel sales;
      (5)   More than one detached single-family home; and
      (6)   Warehousing and storage uses, except as an accessory use as permitted in this district.
   (F)   Performance standards. The following minimum requirements shall be observed in the HSD District:
      (1)   Lot area: 8,700 square feet;
      (2)   Lot width: 65 feet;
      (3)   Setbacks:
         (a)   Front yards: ten feet. In the case of corner lots, two front yards will be required;
         (b)   Interior side yards: ten feet if the adjacent property is zoned for residential use, otherwise no side yard is required; and
         (c)   Rear yards: ten feet.
      (4)   All trash and recycling containers shall comply with screening requirements of § 154.071 of this chapter;
      (5)   Landscaping: parcels with non-residential uses shall be landscaped with at least two deciduous shade trees per 50 lineal feet of public right-of-way frontage. Ornamental trees and/or shrubs may be substituted for shade trees at the rate of three to one (3:1). Landscaping shall be placed within the required ten-foot setback adjacent to public right-of-way;
      (6)   Maximum building/impervious surface coverage: 75%;
      (7)   New construction:
         (a)   Exterior building materials: the exterior walls of all new structures shall be surfaced with any of the following materials: brick; stone; rock faced block; stucco; EIFS; wood; fiber cement and glass; or other materials as approved through the site plan approval process and shall be reasonably compatible with adjacent properties;
         (b)   Required off-street parking spaces for businesses shall not be located between the principal structure and Hester Street; and
         (c)   Buildings shall be oriented, including front doors, to Hester Street.
      (8)   Compliance with off-street parking requirements of § 154.067 of this chapter, except up to two of the required off-street parking spaces for business uses may be permitted as on-street parking;
      (9)   All business use must be conducted in the principal structure; and
      (10)   Any change of use or occupancy of any buildings including additions requiring more parking area shall not be permitted until additional parking spaces are furnished as required by § 154.067 of this chapter.
   (G)   Site plan review. All plans for development shall require processing of a formal site and building plan review according to §§ 154.040 through 154.047 of this chapter.
(Ord. passed 3-20-2002, § 9)