(A) Permitted uses.
(1) Dwelling units, provided they are located above the first floor and above a permitted business use. Dwelling units shall not be permitted on the ground floor of business buildings or in the rear of business establishments on the ground floor.
(2) Art and school supply store.
(3) Auto accessory store, where there is no driveway entrance across the sidewalk into the main building.
(4) Bakery shop, including the baking and processing of food products, when prepared for retail use on the premises only.
(5) Banks and financial institutions.
(6) Barber shop, beauty parlor, chiropody, massage or similar personal service shop.
(7) Book and stationery stores.
(8) Candy and ice cream shops.
(9) Camera and photographic supply shops for retail sale.
(10) Coin and philatelic stores.
(11) Custom dressmaking, millinery, tailoring or shoe repair when conducted for retail sales on the premises only.
(12) Currency exchanges.
(13) Department stores.
(14) Drug stores.
(15) Dry-cleaning and pressing establishments, when employing facilities for the cleaning and pressing of not more than 1,500 pounds of dry goods per day and when using perchlorethylene or other noninflammable, nontoxic solvents approved by the Fire Department.
(16) Dry-goods stores.
(17) Electrical appliance store and repair, but not including appliance assembly or manufacturing.
(18) Florist shop and conservatory for retail trade on the premises only.
(19) Food and fruit stores.
(20) Frozen food stores.
(21) Furniture store, and upholstery when conducted as part of the retail operations and secondary to the main use.
(22) Furrier, when conducted for retail trade on the premises only.
(23) Garden supplies and seed stores.
(24) Gift shops.
(25) Hardware stores.
(26) Haberdashery.
(27) Hobby stores.
(28) Household appliance store.
(29) Interior decorating shops, including upholstery and making of draperies, slip covers, and other similar articles, when conducted as part of the retail operations and secondary to the main use.
(30) Jewelry store and watch repair.
(31) Launderette and laundromat.
(32) Leather goods and luggage store.
(33) Liquor store, package goods only.
(34) Loan offices, when located above the first floor and above a business use permitted in this division.
(35) Meat markets.
(36) Musical instrument sales and repair, retail trade only.
(37) News stand.
(38) Notions store.
(39) Offices, business and professional, including medical clinics.
(40) Optician, optometrist.
(41) Paint and wallpaper store.
(41a) Pet shops, but not including animal hospitals.
(42) Photography studio including the developing of film and pictures when conducted as a part of the retail business on the premises.
(43) Plumbing showroom, without shop or repair facilities.
(44) Postal substations, (finance stations and contract stations).
(45) Public utility collection offices.
(46) Restaurants, tea rooms and cafes, including drive through service windows for same, when the establishment is not of the drive-in type where food is served to occupants remaining in motor vehicles for consumption on the premises.
(47) Savings and loan associations.
(48) Sewing machine sales and service.
(49) Shoe store.
(51) Sporting goods store.
(52) Stationery store.
(53) Telegraph office.
(54) Tobacco shop.
(55) Toy Store.
(56) Travel bureau and transportation ticket office.
(57) Typewriter and adding machine sales and service.
(58) Variety store.
(59) Wearing apparel shop.
(60) Taxicab terminal, service office or station.
(61) Art galleries and studios.
(62) Antique shops.
(63) Bicycle sales and repair.
(64) Costume rental shop.
(65) Locksmith.
(66) Mirror and glazing shop.
(67) Orthopedic and medical appliance store.
(68) Picture framing for retail trade only.
(69) Physical culture and health services.
(70) Schools: music, dance, business, commercial, or trade.
(71) Secondhand stores and rummage shops.
(72) Theater, indoor.
(73) Blueprinting and photostating shops.
(74) Catering establishments.
(75) Glass cutting and glazing establishments.
(76) Parcel delivery stations.
(77) Any other similar type retail store not specifically listed herein, and which has economic compatibility with the established uses on adjoining property.
(78) Any use permitted in § 155.067 B-2 Business District may also be permitted in this District provided it is located above the first floor or in the basement.
(79) All activities, except for automobile off-street parking facilities as permitted or required in this B-1 District shall be conducted wholly in an enclosed building.
(80) Planned developments, as defined in § 155.003.
('71 Code, § 11-11-1) (Ord. 1413, passed 9-13-60; Am. Ord. 2051, passed 5-29-79; Am. Ord. 2091, passed 11-12-79; Am. Ord. 2661, passed 2-8-88; Am. Ord. 2970, passed 5-8-95; Am. Ord. 3046, passed 4-8-96; Am. Ord. 3070, passed 7-22-96; Am. Ord. 4052, passed 5-10-21; Am. Ord. 4067, passed 8-9-21)
(1) Auditorium, stadium, arena, armory, gymnasium and other similar places of public events.
(2) Clubs and lodges (nonprofit), fraternal or religious institutions.
(3) Meeting halls.
(4) Radio and television broadcasting stations.
(5) Telephone exchanges and offices, antenna towers and other outdoor equipment essential to the operation of the exchange in the public convenience and necessity.
(6) Electric substations.
(7) Municipal police or fire stations and public libraries.
(8) Planned business developments, as defined in § 155.003.
(9) Undertaking establishments.
(10) Multiple-family dwellings and apartments; boarding and lodging houses.
(11) Recreation places, including bowling alley, dance hall, gymnasium, skating rink, archery range, golf practicing, miniature golf course or other similar place of amusement or entertainment when operated for pecuniary profit.
(12) Any use, otherwise permitted in this district, that requires a liquor license for lawful operations, per Chapter 111 Alcoholic Liquor, of the City Code.
(13) Hospital, skilled nursing facility, nursing home, or intermediate care facility.
(14) Independent or semi-independent elderly congregate housing.
(15) Sheltered care or board and care facility for six or more patients.
(16) Any use permitted as a special use in an R-1, R-2, R-3, R-4 or R-5 Residential Zoning District.
(17) Beer garden/outdoor eating area.
(18) An electric vehicle charging station (EVCS) may be permitted with a special use permit, as an accessory use within any existing legal commercial parking space in a parking lot, subject to all applicable city code requirements and the following:
(a) The EVCS shall be located in a manner that will be easily seen by the public for informational and security purposes and shall be illuminated during evening business hours;
(b) Be located in desirable and convenient parking locations that will serve as an incentive for the use of electric vehicles;
(c) EVCS may be allowed on a public right-of-way in the downtown area bound by the railroad tracks on the north, Burr Boulevard on the east, Central Boulevard on the south, and Park Street on the west, and shall be placed within two feet of the front edge of the parking location it is intended to service. The EVCS shall not interfere with the sidewalk dimensions required by the current ADA regulations. EVCS installed on a public right-of-way shall require a revenue sharing agreement with the city as written and approved by the City Council;
(d) The EVCS pedestals shall be protected as necessary to prevent damage by automobiles;
(e) The EVCS pedestals shall be designed to minimize potential damage by vandalism and to be safe for use in inclement weather;
(f) Complete instructions and appropriate warnings concerning the use of the EVCS shall be posted on a sign in a prominent location on each station for use by the operator;
(g) One standard non-illuminated sign, not to exceed four square feet in area and ten feet in height, may be posted for the purpose of identifying the location of each cluster of EVCS;
(h) The EVCS may be on a timer that limits the use of the station to normal business hours of the use(s) that it serves to preclude unauthorized use after business hours;
(i) Upon removal of the EVCS, when it is no longer in use, the pavement/surface should be returned to its original condition; and
(j) Any other stipulations as recommended by the Plan Commission and approved by City Council.
('71 Code, § 11-11-12) (Ord. 1413, passed 9-13-60; Am. Ord. 2420, passed 3-26-84; Am. Ord. 2457, passed 8-27-84; Am. Ord. 3046, passed 4-8-96; Am. Ord. 3165, passed 7-13-98; Am. Ord. 3292, passed 2-26-01; Am. Ord. 3327, passed 10-9-01; Am. Ord. 3936, passed 7-9-18)
(C) Height of buildings. No building or structure shall be erected or structurally altered to exceed a height of three stories, nor shall it exceed 35 feet in height, except in the area of the Central Business District described in § 155.121(B)(4). Parapet walls, chimneys, cooling towers, elevator bulkheads, stacks and necessary mechanical appurtenances may be erected over and above the maximum height of 35 feet, provided they are constructed per all other provisions of this code.
('71 Code, § 11-11-3) (Ord. 1413, passed 9-13-60)
(D) Yard areas. No building shall be constructed or enlarged unless the following yards are provided and maintained in connection with such building:
(1) Front yard.
(a) No front yard shall be required when all frontage between two intersecting streets lies within this District. However, when lots within this District are adjacent to and adjoining lots in an R district, all of which front upon the same street between two intersecting streets, there shall be established the same front yard setback for all of the frontage as has been established in the R district.
(b) Exception. When existing buildings located in this District have already established a building line at the street line at a depth less than required above, then all new buildings may conform to the same building line, except for the first 50 feet of the B-1 District frontage adjacent to the R district, whereupon there shall be provided a front setback of not less than ten feet.
(2) Side yard. No side yard is required, except for a corner lot which abuts upon an R district, or upon an alley separating this District from an R district. There shall then be provided a side yard equal to ½ the front yard required in the abutting R district, but in no case more than ten feet. The setback shall also apply if the business building fronts the intersecting street, commonly referred to as the side street.
(3) Rear yard. There shall be a rear yard of not less than 20 feet; provided, however, a one story accessory building may be located thereon, except for the five feet adjacent and parallel to the rear lot line or alley line for the storage of motor vehicles and the unloading and loading of vehicles under roof, as provided in §§ 155.120 through 155.126.
(4) Privacy screening with uniform eight-foot height must be provided when business abuts a residential district and shall comply with the regulations set forth in
Chapter 158
.
('71 Code, § 11-11-4) (Ord. 1413, passed 9-13-60; Am. Ord. 2196, passed 6-8-81; Am. Ord. 2661, passed 2-80-88; Am. Ord. 2820, passed 3-8-93; Am. Ord. 3875, passed 3-27-17) Penalty, see § 155.999