(A) Intent.
(1) These special regulations are intended to promote development of a pedestrian-oriented, mixed-use district, consisting of a variety of retail, office, and service uses. Because of the variety of uses permitted in the CBD, special attention must be paid to site layout, building design, vehicular circulation, and coordination of site features between adjoining sites. Buildings should be placed close to the street with parking in the side, or preferably, rear yard.
(2) (a) Permitted uses should be complementary to each other, and should not have an adverse impact on street capacity, public utilities, and services, or the overall image and function of this District. Uses should reflect the traditional small-town character of the area and have a design that accommodates pedestrian-shopper movement, rather than an orientation to primarily automobile movement.
(b) A mixture of uses within a building, such as retail on the ground floor and office or residential on upper floors is permitted. It is the intent of this District to prohibit automotive related sendees and non-retail uses which tend to interfere with the continuity of the retail frontage.
(B) Permitted uses. In the CBD, no building or land shall be used or erected, except for one or more of the following specified uses unless otherwise provided in this chapter:
(1) Food service establishments; including grocery, meat market, supermarket, bakeries, delicatessen, ice cream stores, and other food service establishments similar to and compatible with the above;
(2) Personal service establishments; including barber shop, beauty parlor, tailor shop, shoe repair, dress maker, photographic studio, and other personal service establishments similar to and compatible with the above;
(3) Other service establishments; that include a showroom, workshop, or a retail adjunct, such as that occupied by an electrician, decorator, painter, upholsterer, a business performing radio, television or home appliance repair, and other service establishments similar to and compatible with the above;
(4) Theaters, restaurants, bars, nightclubs, and other similar entertainment facilities, where the patrons are seated or served while seated in a building;
(5) Amusement enterprises; if conducted wholly within an enclosed building;
(6) Boutiques or establishments operated expressly for the sale of art, antiques, collectibles, and similar merchandise;
(7) General retail establishments whose principal activity is the sale of new merchandise to the public. These include such establishments as household appliance stores, furniture stores, department or variety stores, drug stores, hardware stores, clothing stores; specialty stores selling flowers, books, stationary, jewelry, novelties and gifts, tobacco, and sundry small household articles; convenience stores selling fruit, meat, dairy products, produce, and alcoholic beverages; and other retail establishments similar to and compatible with the above;
(8) Hotels; and
(C) Permitted accessory uses. The following accessory uses shall be permitted subject to any licensing requirements of the village:
(1) Open air or outdoor restaurants, bars or cafés on private property;
(2) Outdoor sales of specialty items, including flowers, books, novelties, and gifts on private property;
(3) Circus, fair, carnival, or similar use;
(4) Sidewalk seating and cafés on village sidewalks shall comply with the following: sidewalk seating and cafés (sit down). The village may issue revocable annual permits to any commercial establishments that apply for a permit to place benches and/or tables, or to operate a sidewalk café as an immediate extension of an eating and drinking establishment, on to a limited portion of a public sidewalk adjacent to the business, provided:
(a) The sidewalk on which the tables and/or chairs are to be located is flat and is in good repair;
(b) The location of the tables and/or chairs used on the sidewalk will not interfere with the clear vision of a motorist on the adjoining street, particularly at any intersection of the sidewalk with another street or alley;
(c) The sidewalk use will leave a clear and unencumbered area not less than five feet in width on the sidewalk for the safe and efficient passage of pedestrian traffic. One bench placed against the front wall of a building may encroach into this area by a maximum of 18 inches;
(d) When placed on the sidewalk, all tables and chairs shall be located next to the building and as far away from the street curb as possible. The location may be adjusted with approval from the village;
(e) All sidewalk furniture shall be subject to review and approval by the village prior to installation. The goal of this item is to have furniture that enhances the downtown area;
(f) Items such as pots of flowers shall be allowed on the sidewalk immediately in front of a business as long as there is no interference with any pedestrian traffic as required by this chapter;
(g) No goods shall be displayed on the sidewalk in any fashion;
(h) The following indemnification and insurance requirements shall apply.
1. The applicant shall execute a statement agreeing, at the applicant’s sole expense, to hold the village and its elected and appointed officials, employees, and agents harmless from, indemnify them for, and defend them (with legal counsel reasonably acceptable to them through any appellate proceedings they wish to pursue until a final resolution, settlement, or compromise approved by them) from any liability for loss, damage, injury, or casualty to persons or property caused or occasioned by or arising from any act, use or occupancy or negligence by or of the applicant and any of its agents, servants, visitors, licensees, or employees occurring during the term of this agreement or any extended term.
2. The applicant shall furnish to the village a certificate or other evidence indicating that the applicant has secured a policy or policies of insurance against damage to village property in the amount of $100,000 and bodily injury (including death) in the minimum amount of $500,000 for injury to one person and $1,000,000 for injury to more than one person. The certificate(s) of insurance shall show the village as a certificate holder and an insured and shall provide that coverage may not be terminated without 30 days prior written notice to the village. Such insurance must provide coverage of the village and its officers, employees and agents for any occurrence during the term of the permit (up to one year). Upon request, the applicant shall also provide the village a copy of the insurance policy(ies).
3. The applicant shall secure and maintain any legally required worker’s disability compensation and unemployment compensation insurance.
(i) The following items shall apply to all sidewalk cafés.
1. Each business owner shall provide a trash receptacle(s) in the eating area. The village shall specify the type and number of trash receptacles provided in the café area. The property owner and operator of the establishment shall keep the area clean and free of all paper, trash, refuse, and debris.
2. All eating areas may be covered by a temporary structure such as a canopy or awning approved by the village, or umbrella-type shades affixed, in a manner acceptable to the village, securely to a table or to the sidewalk. No advertising or signs will be allowed on the temporary structures. All temporary structures must be totally within the area permitted for the sidewalk case use.
3. The seating for any sidewalk café shall meet all the requirements of the State Building Code for amount of seating, spacing, restrooms, barrier-free accessibility, and exiting;
4.
The sale or consumption of alcoholic beverages, beer, wine, and spirits shall not be permitted in any sidewalk café permitted under this policy unless permission is granted by the Village Council.
5. No outdoor cooking will be permitted in any sidewalk café under this policy.
6. Materials other than tables and seating used in conjunction with a sidewalk café shall be fully and completely removed from the sidewalk and kept elsewhere, when the café is not in operation.
(j) 1. Prior to issuance of a sidewalk seating or café permit, a fee established by resolution of the Village Council, shall be paid by the applicant to the village.
2. The permit shall include the dates and duration of the sidewalk use.
3. Any permit so issued shall be subject to immediate revocation by the village for failure to meet or to maintain the area of the sidewalk café in strict accordance with the requirements of this policy or to comply with other applicable laws, rules, regulations, orders, and directives;
(k) Applications for sidewalk seating and cafés shall be in a form and contain the following information and such other information as shall be deemed necessary by the Village Manager:
1. The name(s), address(es), and telephone number(s) of the owner(s), operator(s), and responsible person(s);
2. The proposed dates and hours of operations;
3. A sketch of the site plan for the use; and
4. All other information required herein.
(1) Government offices, post offices, and libraries;
(2) Offices of nonprofit organizations, such as professional membership organizations, labor unions, civic, social and fraternal associations, political organizations;
(3) Banks, savings and loan associations, and other financial or lending institutions;
(4) General office or professional office uses, including the offices and facilities of publishing operations for newspapers, magazines or other periodicals (excluding heavy printing facilities and machinery), and business services such as mailing, copying and data processing;
(5) Professional service establishments, including, but not limited to, offices or facilities for members of the dental, medical, legal, architectural, accounting, or other professions, and other professional service establishments similar to and compatible with the above; and
(6) Multi-family dwellings (apartments) above the first story of any structure where the ground floor is devoted to a permitted use; provided, that:
1. Existing and proposed dwelling units are kept in an attractive condition conducive to an appealing Central Business District, and in such a manner that residential activities do not interfere with the customary business activities associated with the district;
2. Each dwelling unit or group of such units are provided with adequate refuse containers suitable far the temporary outdoor storage of household refuse. Such containers shall be fitted with a secured lid and located to the rear of the building;
3. With the exception of legally registered and operable automobiles, the storage of all personal property shall be done within the dwelling unit or an approved accessory building located to the rear of the building;
4. Dwelling unit entrances located on the street frontage shall be inconspicuous, kept in good repair, and free of debris; and
5. Windows facing the street shall be maintained in good repair.
(7) (a) Adequate provisions shall be made for the storage of trash or waste materials in the building or if such trash or waste materials are to be temporarily stored outside the building, trash, or waste containers shall be screened from view, on at least three sides, by a structure.
(b) The waste storage areas shall be maintained free from water.
(8) Where a commercial or C-2 District is directly contiguous to property within a residential zoning district, a buffer yard, vertical screen, or berm shall be provided along the side and/or rear yard as approved by the Planning Commission and/or Zoning Commission, as required;
(9) Architectural standards shall be as follows.
(a) All new buildings, additions, and significant exterior changes or renovations shall be found to be architecturally compatible with existing historic architectural styles found in the Central Business District.
(b) In making such a determination, the following will be considered.
1. Front facade materials must be consistent with traditional buildings in the downtown. Materials should consist of brick or another common material such as clapboard wood, not reflective glass.
2. Colors must be consistent with that of the majority of the existing buildings in the downtown. Stark or bold colors and other non-traditional downtown colors are not permitted.
3. Traditionally styled windows should be used along facades facing a public street.
4. The site design shall provide for pedestrian and bicycle needs, including direct and convenient access for pedestrians and bicyclists from the walkway to the building entrance.
5. Rear or side entrances should be provided where parking is on the side or rear of the building.
6. Parking shall be located in the side or rear yards, not in the front yard; however, parking in one front yard shall be permitted for corner lots; and
(10) Short-term rentals when located above the first story of any structure. Other requirements when this use is located in the CBD District are listed below and where there is a conflict in regulation, the below provision shall apply:
(a) Smoke detectors or fire alarms shall be physically interconnected to the use on the below floor(s) including the first floor.
(E) Additional site development standards. All permitted and special land uses shall comply with all applicable provisions of this chapter, including those listed below as a reference guide:
(2) Sections 157.025 through 157.057, “General Regulations” for standards on a variety of items such as: calculation of buildable lot; regulations for single-family dwellings; illegal dwellings; accessory uses, temporary buildings, and structures; parking and repair of vehicles; swimming pools; fences; reception antennas; limitations on clearing and grading site; and the like;
(3) Section 157.009, “schedule of regulations” (minimum lot area, lot width, setbacks, maximum height, and the like);
(Ord. 259, passed 10-24-1995; Ord. 356, passed 1-19-2003; Ord. passed 2-1-2012; Council Action Req. passed 5-3-2018; Ord. 459, passed 3-10-2020) Penalty, see § 157.999