(a) Permitted Uses. The following retail business and service uses are permitted, provided they are operated entirely within a building, except for off-street parking and loading facilities and authorized drive-through and curbside delivery services:
(1) Art and school supply stores.
(2) Art galleries and studios.
(3) Bakery shops, including the baking and processing of food products when prepared for retail sales on the premises only.
(4) Banks and financial institutions including the operation of a drive through in connection with the provision of banking services.
(5) Book and stationery stores.
(6) Barber shops, beauty parlors, chiropody, massage or similar personal service shops.
(7) Candy and ice cream shops.
(8) Camera and photographic supply shops for retail sale.
(9) Carpet, rug and linoleum stores.
(10) China and glassware stores.
(11) Churches, rectories and parish houses.
(12) Coin and philatelic stores.
(13) Currency exchanges.
(14) Custom dressmaking, millinery, tailoring or shoe repair shops, when conducted for retail sale on the premises only.
(15) Department stores.
(16) Dry-goods stores.
(17) Drug stores, including the provision of drive through services in connection with the operation of a pharmacy on premises.
(18) Dry-cleaning and pressing establishments, when employing facilities for the cleaning and pressing of not more than 750 pounds of dry goods per day, and when using perchlorethylene or other similar non-inflammable solvents approved by the Fire Department.
(19) Electrical appliance stores and repairs, but not including appliance assembly or manufacturing.
(20) Employment agencies.
(21) Florist shops and conservatories for retail trade on the premises only.
(22) Food, meat and fruit stores.
(23) Frozen food stores and food lockers.
(24) Furniture stores, and upholstery when conducted as a part of the retail operations and secondary to the main use.
(25) Furriers, when conducted for retail trade on the premises only.
(26) Gift shops.
(27) Hardware stores.
(28) Haberdasheries.
(29) Hobby stores.
(30) Household appliance stores and repair.
(31) Interior decorating shops, including upholstery and making of draperies, slip covers and other similar articles, when conducted as a part of the retail operations and secondary to the main use.
(32) Jewelry and watch repair shops.
(33) Laundries, automatic self-service types, or hand.
(34) Leather goods and luggage stores.
(35) Locksmiths.
(36) Millinery shops.
(37) Musical instrument sales and repair, retail trade only.
(38) Newsstands.
(39) Offices, business and professional, including medical clinics.
(40) Opticians and optometrists.
(41) Orthopedic and medical appliance stores, but not including the assembly or manufacture of such articles.
(42) Paint and wallpaper stores.
(43) Pet shops, but not including animal hospitals.
(44) Photography studios, including the development of film and pictures when done as a part of the retail business on the premises.
(45) Picture framing, when conducted for retail trade on the premises only.
(46) Photo developing and processing.
(47) Postal substations.
(48) Public utility collection offices.
(49) Restaurants, validly permitted sidewalk cafes pursuant to Section 1026.17, validly permitted parklets pursuant to Chapter 1034, tearooms or cafes, when the establishment is not of the drive-in type where food is served to occupants remaining in motor vehicles, and where alcoholic liquors are not sold or served, except as provided in Section 1252.01(a)(49.1), for uses existing as of June 1, 2020.
(49.1) Restaurants, including the sale of liquor in conjunction therewith, taverns, and package liquor stores having a continually valid license for the retail sale of liquor since June 1, 2020, notwithstanding a change of ownership. “Continually valid”, for purposes of this section, shall be interpreted as any license which has not lapsed for more than 60 consecutive days.
(50) Savings and loan associations.
(51) Sewing machine sales and service.
(52) Shoe and hat stores, and repairing when done as a part of the retail business.
(53) Signs, as regulated by Chapter 1468 of the Building and Housing Code.
(54) Sporting goods stores.
(55) Telegraph offices.
(56) Telephone booths, public.
(57) Tobacco shops.
(58) Toy stores.
(59) Travel bureaus and transportation ticket offices.
(60) Typewriter and adding machine sales and service.
(61) Wearing apparel shops.
(62) Accessory uses, including off-street parking and loading facilities as permitted or required in accordance with the provisions of Chapter 1262.
(63) Temporary animal shows or animal exhibitions (petting zoos or similar) may be operated as a permitted use in accordance with the provisions of Chapter 870 for a period not to exceed five consecutive days to include set up and tear down. Such use is not required to occur within a structure or other building.
(64) Small scale and mid scale solar energy systems of all types, and large scale solar energy systems utilizing only roof mounted PV arrays, in accordance with the provisions of Chapter 1477 of these Codified Ordinances.
(b) Special Uses. The following uses may be allowed by special use permit:
(1) Other retail and service business uses not specifically listed above when found to have economic compatibility with established uses on adjoining property.
(2) Automobile service stations.
(3) Churches, rectories and parish houses.
(4) Clubs or lodges (non-profit), fraternal or religious institutions.
(5) Hospitals and sanitariums.
(6) Hotels and motels, including restaurants and meeting rooms.
(7) Meeting halls.
(8) Planned developments, business, as defined herein.
(9) Parks, when publicly owned and operated.
(10) Restaurants with outdoor serving areas, including drive-in services, unless otherwise permitted as a sidewalk café or a parklet pursuant to Chapter 1026 or 1034 of these Codified Ordinances.
(11) Restaurants, taverns, package liquor stores and any other establishment selling alcoholic beverages for consumption on or off the premises.
(12) Public utilities and public service uses, including: electric substations; fire stations; police stations; public art galleries and museums; public libraries; telephone exchange, repeater stations, micro-wave relay towers and stations, mobile transmitting towers and stations, antenna towers and other outdoor equipment essential to the operation of the exchange in the interest of public convenience and necessity; bus terminals or other public transportation terminal facilities; water filtration plants; water pumping stations; water reservoir; and other similar uses.
(13) Residential uses, including dwelling units and lodging rooms, if business uses or premises designed for such uses occupy the ground floor, and provided that either:
A. Not less than twenty percent of the frontage on the same street and within the same block, or twenty percent of the frontage directly across the street from such frontage, is already developed with buildings in which there are dwelling units or lodging rooms; or
B. At least two-thirds of the frontage in the entire block is zoned for business, and not less than twenty percent of the frontage so zoned for business is already developed with buildings in which there are dwelling units or lodging rooms.
(14) Outdoor amusement establishments, fairgrounds, carnivals, circuses, race tracks, kiddie parks and other similar amusement centers, and including places of assembly devoted thereto, such as stadiums or arenas.
(15) Automatic teller machines.
(16) Crematoriums for human and animal remains only in conjunction with an on-site licensed undertaking establishment, funeral parlor or mortuary, provided that the cremator/retort for human remains is separated by a solid wall from the cremator/retort for domesticated pet remains and both cremators/retorts are within a fully enclosed crematorium with no windows. For the purposes of this paragraph, the term "animal" shall not include any animal over 200 pounds nor any animal commonly raised for profit as part of an agricultural operation (whether miniature or full-sized) including, but not limited to cattle, cows, hogs, pigs, sheep, horses, goats, llamas, etc. Provided, however,
A. Except when vehicles are entering or exiting the crematorium, the exterior doors of the crematorium shall remain closed so that the cremator/retort shall not be visible from any public right-of-way.
B. Except when vehicles are entering or exiting the crematorium, all business vehicles containing human remains or animal remains and associated with the crematorium shall not be visible from any public right-of-way.
C. The crematorium shall comply with all applicable State and Federal laws and regulations.
(17) Large scale solar energy systems utilizing ground mounted PV arrays.
(18) Drive through services in connection with any use permitted in the district or otherwise allowed by a special use permit, when a drive through is not otherwise allowed as a permitted use in the district by virtue of its connection to a particular type of business.
(19) Drive-in establishments, non-restaurant.
(c) Conditions of Use. All uses permitted in this district, except residence district uses, shall be retail establishments dealing directly with consumers and shall be subject to the following conditions:
(1) Dwelling units and lodging rooms are not permitted below the second floor, except by special use permit.
(2) The sale of foodstuffs or articles intended for human consumption shall be conducted wholly within an enclosed building.
(3) Except for banks and financial institutions, establishments of the "drive-in" type, offering goods or services directly to customers waiting in parked motor vehicles, are not permitted.
(4) There shall be no manufacture, processing or treatment of products other than those which are clearly incidental and essential to the retail business conducted on the same premises.
(5) Not more than five persons (exclusive of manager, clerk and drivers) shall be engaged in said manufacturing, processing or treatment of products.
(6) Such uses, operations or products shall not be objectionable due to odor, dust, smoke, noise, vibration or other similar causes.
(7) Any exterior sign displayed shall pertain only to the use conducted within the building.
(d) Transitional Yards. Where a B1-1 District adjoins a residence district, transitional yards shall be provided in accordance with the following regulations:
(1) Where lots in a B1-1 District front on the street and at least eighty percent of the frontage directly across the street between two consecutive intersecting streets is in a residence district, the front yard regulations for the residence district shall apply to the said lots in the business district.
(2) In a B1-1 District, where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, a yard shall be provided along such side lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this Zoning Code for a residential use on the adjacent property in the residence district.
(3) In a B1-1 District, where a rear lot line coincides with a side lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimensions to the minimum side yard which would be required under this Zoning Code for a residential use on the adjacent property in the residence district.
(4) In a B1-1 District, where a rear lot line coincides with a rear lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be twenty feet in depth, but may begin at a height of fifteen feet or one story above grade, whichever is lower.
(5) In a B1-1 District, where the extension of the front or side lot line coincides with the front lot line of an adjacent lot located in a residence district, a yard of not less than ten feet shall be provided.
Transitional yards shall be unobstructed from the lowest level to the sky except as may be otherwise provided in this Zoning Code.
(e) Maximum Floor Area Ratio and Coverage. The floor area ratio shall not exceed 1.2, and not more than sixty percent of a zoning lot shall be covered by a building or buildings.
(1977 Code § 73-801; Ord. 80-5. Passed 2-4-80; Ord. 82-67. Passed 10-18-82; Ord. 90-46. Passed 6-4-90; Ord. 99-34. Passed 6-21-99; Ord. 2001-23. Passed 7-2-01; Ord. 2007-53. Passed 7-16-07; Ord. 2011-11. Passed 3-21-11; Ord. 2015-31. Passed 7-6-15; Ord. 2016-57. Passed 11-21-16; Ord. 2018-13. Passed 3-5-18; Ord. 2018-40. Passed 9-17-18; Ord. 2020-38. Passed 7-20-20; Ord. 2021-42. Passed 9-20-21.)