(A) Purpose. The purpose of the C-1 Central Business District is in recognition of the existing downtown business and commercial development and the need for its future expansion, rehabilitation and redevelopment.
(B) Permitted uses and structures.
(1) Business and commercial establishments including:
(a) Retail establishments, including grocery, hardware, drug, clothing, variety and furniture stores; eating and drinking places, auto dealers, automobile service stations, farm implement dealerships, farm supply stores, seasonal evergreen sales and meat locker shops.
(b) Personal services, including laundries, beauty shops, barber shops, funeral homes, shoe repair shops, printing and publishing shops and photographic studios.
(c) Professional services, including medical and dental clinics and attorney's offices.
(d) Repair services, including automobile, jewelry, radio and television repair shops, appliance repair shops, farm and implement repair shops, plumbing contractor's shop and electrical contractor's shop.
(e) Entertainment and amusement services, including motion picture theatres, recreation halls and bowling alleys.
(f) Lodging services, including hotels and motels.
(g) Finance, insurance, real estate and tax services.
(2) Public and semi-public buildings, including post office, fire hall and city hall.
(3) Private clubs.
(4) Apartments, provided they are located above the first floor level.
(5) Automobile parking lots.
(6) Essential services, such as sewer, water, telephone and electric utility facilities.
(7) Churches and places of religious assembly.
(C) Accessory uses. Uses incidental to the foregoing principal uses, such as off-street parking and loading and unloading areas, signs, indoor storage of merchandise and wholesaling and manufacturing, when incidental to a permitted use, solar panels, satellite dishes and antennas.
(D) Conditional uses. Within the C-1 District no structure or land shall be used for the following except by conditional use permit and in conformance with the standards specified in division (I) of this section.
(1) One and two-family dwellings and multiple-family dwellings, including manufactured homes meeting the standards as set forth in § 151.24, and manufactured home parks licensed by the state.
(2) Nonresidential licensed day care facilities.
(3) Outdoor storage incidental to a principal use.
(4) Drive-thru or drive-up window accessory to a principal use.
(5) Sidewalk cafes and outdoor eating or dining areas accessory to a principal use.
(E) Lot requirements and setbacks. The following minimum requirements shall be observed in C-1 Districts, subject to additional requirements, exceptions and modifications set forth in this chapter:
(1) Lot area. None.
(2) Lot width. None.
(3) Setbacks.
(a) Front yards. None.
(b) Side yards. None.
(c) Rear yards. 15 feet.
(4) All lots shall front on and have ingress and egress by means of a public right-of-way.
(F) Building requirements; height. No structure shall exceed 3 stories or 45 feet, whichever is less.
(H) Height limitations. Height limitations shall not apply to water towers, chimneys, flag poles, antennae, wind energy conversion systems, church spires, church belfries or church domes not containing habitable space and support towers permitted by § 150.04.
(I) Conditional use permit standards for the C-1 Central Business District.
(1) Purpose. It is the intent of the city in establishing general and specific criteria for conditional uses that such uses be subject to careful evaluation to ensure that their location, size and design are consistent with the standards, purposes and procedures of this chapter and the comprehensive plan, if one exists. The Planning Commission, if one exists, may recommend and the City Council may impose conditions on such uses in order to effect the purpose of this chapter.
(2) General standards. No conditional use permit shall be granted unless the City Council determines that all of the following standards will be met:
(a) The use is consistent with the intent of this chapter;
(b) The use is consistent with the goals, policies and objectives of the comprehensive plan, if one exists;
(c) The use does not have an undue adverse impact on governmental facilities, utilities, services or existing or proposed improvements; and
(d) The use does not have an undue adverse impact on the public health, safety or welfare.
(e) The use meets meet the performance standards of § 151.30.
(3) Specific standards. In addition to the standards specified in division (2) above, no conditional use permit shall be granted unless the City Council determines that all of the specific standards contained in this division (I) will be met.
(a) One and two family dwellings and multiple-family dwellings, including manufactured homes meeting the standards set forth in § 151.24 and manufactured home parks licensed by the state.
1. Building and site design shall provide a quality residential environment which is compatible with the permitted use;
2. At least two off-street parking spaces must be provided for the each residential unit, with such parking to be in a garage, carport or on a paved area specifically intended for that purpose;
3. The dwelling unit must be in compliance with all applicable building, housing, electrical, plumbing, heating and related city codes;
4. The use will be permitted only where the dwelling unit will not have an undue adverse impact on adjacent properties and where there will not be a substantial alteration of the neighborhood character;
5. The city may require buffering or screening if needed.
(b) Nonresidential licensed daycare facilities.
1. Shall have loading and drop-off points designed to avoid interfering with traffic and pedestrian movements and designed to promote the safety of children entering the center;
2. Outdoor play areas shall be fenced and located and designed in a manner which mitigates visual and noise impacts on adjoining residential areas (if any);
3. One parking space for each six attendees based on the licensed capacity of the center shall be provided; and
4. Shall obtain all applicable state, county and city licenses.
(c) Outdoor storage incidental to a principal use.
1. Outdoor storage shall not be located within 100 feet of any residential parcel;
2. Outdoor storage shall be screened by suitable materials, such as a fencings or natural landscaping features (trees, shrubbery, berms), as determined by Council. The screen must be, at minimum, equal to the height of the tallest item stored on the site;
3. Outdoor storage must be located in a rear or side yard;
4. Shall be kept in a neat and orderly fashion;
5. Shall not contain any unlicensed or inoperable motor vehicles; and
6. Shall not be operated in a manner as to constitute a nuisance or harborage of rodents or other wild animals.
(d) Drive-thru or drive-up windows accessory to a principal use.
1. Drive-up windows and stacking areas shall not be located adjacent to any residential parcel;
2. Stacking areas shall provide for a minimum of six cars per aisle;
3. Public address system shall not be audible from any residential parcel;
4. Drive-up windows and stacking areas shall be screened with suitable materials from adjacent parcels; and
5. Drive-up windows shall be designed to avoid interfering with traffic and pedestrian movements.
(e) Sidewalk cafes and outdoor eating or dining areas accessory to a principal use.
1. Shall be located in a controlled or cordoned-area with at least one opening to an acceptable pedestrian walk. When a liquor license is involved, an enclosure is required and the enclosure shall not be interrupted; access shall be only through the principal building;
2. Shall not be permitted within 200 feet of any residential parcel and shall be separated from residential parcels by the principal structure or other method of screening acceptable to the city;
3. Shall be located and designed so as not to interfere with pedestrian and vehicular circulation;
4. Shall not be located to obstruct parking spaces;
5. Shall be located adjacent to an entrance to the principal use;
6. Shall be equipped with refuse containers and periodically patrolled for litter pick-up; and
7. Shall not have speakers or audio equipment which is audible from adjacent parcels.
Penalty, see § 151.99