(a) Purpose and Intent. The purpose of Central Business District regulations is the recognition and maintenance of a unique community focal point. Historically, the Central Business District has housed various mixed residential and commercial land uses. Because of historical precedent, the historical significance of structures designed for mixed use, and the intent to keep an older area of the community viable, central business district regulations have been developed. Even though mixed uses may be allowed, it is the intent of these regulations to assure a predominantly nonresidential, commercial focus for this zoning district.
(b) Applicability.
(1) Central Business District zoning shall exist as an overlay zone, superimposed in a specific area over existing zoning classifications. Adoption and modification of a Central Business District zone shall be by action of Council, pursuant to the same regulations applying to the adoption or alteration of any other zoning district.
(2) Except as otherwise provided herein, all regulations of the underlying zoning districts shall apply to and control property in an S-CBD zone, provided, however, that in the case of conflict between the provisions of an underlying zoning district and an S-CBD zone, the provisions of the S-CBD zoning shall prevail.
(c) Boundaries. Central Business District zoning may be utilized within all areas zoned "C-3 Community Commercial" or "0-1 Office", provided that such areas are located east of Beckenham Road, south of Herr Street and north of Overlook Street, and also including such identically zoned areas lying east of Main Street, north of Tate Avenue.
(d) Permitted Uses.Pursuant to review and approval of design elements by the Administrative Board for Planning and Zoning Appeals, following the same administrative procedures as are prescribed in approving conditionally permitted uses, the following development plans may be allowed in an S-CBD zone:
(1) Residential units, where residential land use has been the predominant land use on a given zoning lot within six months of seeking expansion or redevelopment approvals, or where a non-retailing, non-commercial land use has been the predominant land use of a given zoning lot within six months of seeking redevelopment approvals, and where an R-6 zoning standard can be maintained for required yards, off-street parking and other development aspects.
(2) Residential units at the second story or higher building elevation, or behind the street-level commercial, retailing or office use principally permitted by underlying zoning, provided:
A. Such residential units do not create a greater demand for off street parking, with reference to standards set forth in Section 1266.05 of this Zoning Code, unless such standards can be met on-site.
B. Such residential units do not share common areas with each other, or with non-residential uses, and provided that residential and non-residential uses are self-contained and separated by fire walls and/or other partitions as prescribed by applicable building and health codes.
(3) Commercial redevelopment areas where retailing and office space are proposed to meet a planned thematic standard, where the area to be developed is at least one-acre in size. The approval procedure for an S-CBD commercial redevelopment area shall be the same as for SPUD zoning, as specified in Section 1264.03.
(Ord. 91-12. Passed 9-10-91; Ord. 96-6. Passed 3-27-96; Ord. 98-13. Passed 8-11-98.)