1143.07  B-1 DRD DOWNTOWN REDEVELOPMENT OVERLAY DISTRICT.
   A.   Purpose
The purpose of the DRD Downtown Redevelopment District is to provide and encourage further expansion and renewal in the historical core business area of the city. A variety of business, institutional, public, semipublic, cultural, and other related uses are encouraged in an effort to provide the mix of activities necessary to maintain a walkable, retail environment. The emphasis for street-level Downtown Businesses should be retail and food establishments. Those businesses that substantially increase retail foot traffic during regular business hours are highly encouraged. The Downtown Redevelopment District is defined by the boundaries of the attached map dated August, 2017.
The State of Ohio also approved an Entertainment District for the DRD in April, 2018. The Entertainment District boundaries are identical to those of the DRD. This section will also address the approval process for those businesses that wish to apply for a liquor license made available by the State of Ohio for use specifically within the Entertainment District.
   B.   Downtown Redevelopment District Design Standards and Zoning and Use Applications
The Downtown Redevelopment District shall be developed in accordance with the approved Downtown Development Design Standards as outlined in Chapter 1147.34 . The Downtown Development Design Standards define the acceptable aesthetic standards within the district.
All  projects must submit  a Zoning and Use Approval Application to the Building and Zoning Department for review and shall be approve by Planning Commission (and City Council in some cases) before work may be initiated on a project. Applications must be submitted no less than two weeks before Planning Commission hearings. The information to be included:
      a.   Detailed description of the use of a specific building, parcel or tract of real estate which outlines the products and services for sale, and hours of operation;
      b.   Drawings by a plat showing the boundaries of such building, parcel or tract;
      c.   The location, dimensions, interior floor plan to scale of all structures;
      d.   All vehicular and pedestrian ways and parking areas, both public and private
      e.   All landscaped areas to be erected and maintained thereon; and further explained by such specifications, conditions, and limitations as may be imprinted on the plat;
      f.   Exterior elevation drawings in full color and building/material specifications of proposed exterior changes consistent with the overall theme as outlined in Chapter 1147.34.
      g.   Proof of ownership of the building, parcel or tract of real estate by the applicant; or a purchase option put into a document, or a signature page of a signed and dated lease by the business owner and building owner that indicates the time period of the lease and that indicates the owner's approval of the use for which the application is being made and any proposed changes.
A building permit or zoning certificate contemplating any use shall not be issued by the Building and Zoning Department for any business operation, building, or vacant real estate and no business shall be allowed to operate until a Downtown Development Plan has been approved by the Planning Commission (and City Council in some cases).
Non-permitted businesses or organizations currently operating in the DRD before September 30, 2017 are considered to be grand-fathered, non-conforming uses and will be permitted to continue operation. Once a grand-fathered use ceases to operate at its given location, no other non-conforming use or any other business may fill the vacated space unless first approved by Planning Commission and then approved by City Council.
   C.   Permitted Uses
   
Operation of all businesses within the Downtown Redevelopment District shall be permitted from 5:00 a.m. to 11:00 p.m. Sundays through Thursdays; and 5:00 a.m. to midnight on Fridays and Saturdays. Operation outside of those hours will require application to, and approval by, the Board of Zoning Appeals.
The following uses shall be permitted (after tenant submission of Zoning and Use Application and subsequent approval by Planning Commission, and Council if necessary). Additionally, plumbing, electrical, heating/cooling or physical structural changes to the interior or exterior of any structure will also require submission of applicable permits. Plan reviews and site inspections will occur and approvals granted for these changes by the appropriate agencies before any business will be issued an occupancy permit. 
      1.   Dwellings above the first floor of a business.
      2.   Public, non-commercial facilities such as parks, municipal and private parking lots, post offices, other local, state and federal offices.
      3.   Public libraries, museums, art galleries, craft shops and similar public/private cultural uses.
      4.   Pharmacies.
      5.   Sale of goods and products at retail, except for these items not permitted for sale: gasoline, oil products, other chemicals, recreational drugs/paraphernalia, medical marijuana, firearms, weaponry, ammunition, gunpowder, explosives, adult oriented media and adult novelties.
      6.   Shops for repair and servicing of bicycles, electrical equipment, appliances, keys, shoes, and similar uses not involving conduct of manufacturing on the premises, and where not more than ten (10) persons are employed on the premises at any one time. Auto service, repair or parts stores are not permitted.
      7.   Dressmaking, millinery, tailoring, bakery and similar trades whose products are sold only at retail on the premises and where not more than ten (10) persons are employed on the premises at any one time.
      8.   Restaurants, pubs, ice cream parlors or coffee shops without drive-in or drive-through facilities.
      9.   Studios related to music, art and crafts that have a retail component. .
      10.   Banks and other financial institutions, without drive-in or drive-through facilities. Any drive-through would require approval of a conditional use permit by the Board of Zoning Appeals.
      11.   Barber shops, beauty salons, pet grooming and similar personal and pet service shops.
      12.   Governmental offices, including police/fire stations and bureau of motor vehicles.
      13.   Printing shops having a sales office or retail outlet on the premisesand employing not more than ten (10) persons on the premises at any one time.
      14.   Walk-up windows and counters for outside service would be permitted for banks, governmental offices, ice cream parlors, coffee shops and restaurants that do not serve alcohol. These windows/counters must be no more than half of the linear feet of any establishment's frontage.
      15.   Restaurants and pubs that serve alcohol must maintain at least 30% revenue from the sale of food, retail goods, and services (verified on an annual basis). Restaurants and pubs that serve alcohol must also apply for, and have their Zoning and Use Approval application approved by the Planning Commission before applying for an Entertainment District Liquor License with the State of Ohio.
   D.    Conditional Uses that require the approval of both Planning Commission and City Council:
      1.   Wineries, micro distilleries or microbreweries with tasting rooms which serve the public.
      2.   Convenience stores or farmers' markets without the sale of gasoline or oil products.
      3.   Movie theatres, live performance centers/theaters.
      4.   Any newly constructed single-family or multi-family residential development.
      5.   Hotels. One parking space for each room must be provided on site by the hotel.
      6.   Any other use determined by the Planning Commission and City Council to be similar to those uses listed within this section.
   E.   Special Residential Exempted Status:
      1.   The DRD is specifically created to promote commercial activity within the zone by allowing property owners to sell or convert their residences for permitted commercial uses. However, there may be instances when the owner of a residence may prefer to sell or transfer ownership of that property for continued use as a residence. In this case, the owner must inform the Building & Zoning department of the sale or transfer of the property and then it may continue to be used as a residence. However, if the residence at any time becomes vacant and remains vacant for 365 days, that property loses its residential exempted status and must be converted to a permitted commercial use as outlined above in Sections C and D. If before the 365th day of vacancy, a property owner contacts the Director of Economic Development, Building & Zoning, a request may be made for an extension of time necessary to sell, occupy or convert the property as outlined in Sections C and D. Under this circumstance, the Director may provide an administrative extension of another 180 days for the property to gain compliance if the property owner has provided a good-faith conceptual plan and timeline to meet the requirements of this section.
   F.   Development Standards
Refer to Section 1143.12 for development standards pertaining to this District.
(Ord. 37-18.  Passed 10-16-18.)