(A) Purpose. The B-2 Community Commercial Business District is oriented toward retail, service businesses and multi-family residential development. All or a significant portion of parking for individual developments is provided on site, no public parking lots are available in this District. The B-2 District is located along Western Avenue at the north and south ends of the Central Business District. There are fewer historic buildings and there is less orientation to pedestrians than in the B-3 and B-4 Districts. The District’s link to the other business districts is along Western Avenue and Bank Lane. The B-2 District provides for a greater variety of goods and services than permitted in the B-3 and B-4 Districts.
(B) Conditions of use. Uses allowed in the B-2 Community Commercial Business District are subject to the following conditions:
(1) All business, servicing, processing, displays and storage shall be conducted within completely enclosed buildings, except for the following: outdoor dining, produce or flower markets, the sale of new or used automobiles, the sale of gasoline, the sale of items of a seasonal nature including Christmas trees, bedding plants and small shrubs when authorized by a certificate of zoning compliance;
(2) Outdoor storage is permitted only when it is screened from view. The required screening may be fencing, landscaping or walls and must be of sufficient height and density that the storage area is screened from view from ground level up to a point seven feet above the ground level of the adjoining street or property. No outside storage is permitted to rise above the screening;
(3) Outdoor uses, not including storage areas, must be located wholly on private property, shall not impede pedestrian or vehicle circulation, and shall not eliminate or encroach upon required parking spaces unless the parking spaces are designated only for employee parking. In addition, no more than three of the required on-site parking spaces may be used and permits for off-site parking must be purchased prior to authorization of the outdoor use to replace the lost spaces. The Director of Community Development may waive the requirement for purchase of permits for off-site parking if documentation is submitted by the petitioner to demonstrate that adequate on-site parking exists to meet the needs of the business;
(4) No manufacturing or assembling shall be permitted except as incidental to the business occupying the premises;
(5) A certificate of zoning compliance must be obtained consistent with the provisions of § 159.041 prior to any change of use, expansion of uses on a site, and prior to the issuance of a building permit;
(6) The uses and development shall be consistent with the Comprehensive Plan; and
(7) Appearance of vacant storefront windows.
(a) Definitions. For the purpose of this division (B)(7), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GROUND FLOOR SPACE. Any space on the ground floor having frontage on a street, alley or outdoor pedestrian walkway.
STOREFRONT WINDOW. One or more windows for the display of goods or wares on the facade(s) of a ground floor space.
VACANCY. A space not regularly occupied and open for business a minimum of four days per week on a monthly basis. An exception to allow for temporary business closure may be granted by the Director of Community Development upon written request provided that office equipment and furnishings will remain in the establishment and a date certain for reopening of the establishment is provided.
(b) Temporary treatment of storefront windows during vacancy or interior renovation.
1. Vacant; renovation. The storefront windows of any ground floor space that is vacant or undergoing interior renovation shall be treated using one of the following methods within 15 business days after the date on which the space first becomes vacant, or for the total duration of the interior renovation.
a. Storefront windows shall be painted a solid black color or completely covered with a seamless black paper to obscure view into the space; or
b. As an alternative, in order to encourage storefront window displays that enrich the character of the business district and enliven the streetscape, exhibits by a local not-for-profit visual arts or historical organization in the form of paintings, photos and sculptures may be displayed, painted or affixed on the glass in vacant storefront windows with permission of the property owner. A storefront window that displays an exhibit is permitted one informational sign up to two square feet in total sign area, identifying the name and contact information for each exhibit; and
c. Advertising for an existing local business may be displayed in a vacant storefront window in a manner consistent with the city’s sign code.
2. “Opening soon” announcement. No sooner than 30 days prior to the opening of a new business, an unlighted temporary sign announcing the name of the new business maybe displayed in one storefront window per facade. The sign shall not exceed ten square feet in sign area and may identify the name of the business in a graphic or text format.
(c) Minimum appearance requirements.
1. Visible adhesive or tape may not be used to affix any window display, decorative screening or signage to a storefront window;
2. Storefronts may not use newspaper or soap to obscure windows;
3. No plastic tarp of any kind may be used to block the windows; and
4. No window display or covering shall contain any matter, in writing or in a depiction, that, when considered as a whole, predominantly appeals to prurient interests.
(d) Minimum maintenance requirements.
1. All window coverings must be kept in good repair and shall not be torn, damaged or otherwise left in a state of disrepair.
2. Building exteriors must be maintained in accordance with the requirements of the city’s property maintenance code.
(C) Permitted uses.
(1) Generally. Permitted uses in the B-2 Community Commercial Business District are listed in § 159.116. If an applicant demonstrates to the satisfaction of the Director of Community Development, that a use that is not specifically listed in § 159.116 is consistent with the intent of the zoning district, and is similar and compatible with the listed uses, the Director of Community Development may allow the new use. The Director of Community Development shall document all such decisions in writing, provide a copy of the decision to the Plan Commission for information, and make a copy available for public review upon request.
(2) Restaurants; performance standards. In addition to all other applicable provisions of the code, all types of restaurants must be found to be in compliance with the following performance standards prior to the issuance of a building permit.
(a) Applicable parking requirements of the code must be satisfied or any necessary variances must be approved.
(b) A parking plan detailing number of employees, the location for employee parking, estimated customers at various times, the location of customer parking, and information on valet parking if provided or required, must be submitted for review and approval.
(c) 1. The review and approval process of the Building Review Board or Historic Preservation Commission must be completed. The approval must include all required elements including new construction, storefront alterations, additions, demolitions, screening of mechanical equipment and trash enclosures.
2. Approval of landscaping, awnings, lighting and signage by the appropriate Board or Commission must occur prior to the issuance of an occupancy permit.
(d) 1. The City Council review and approval process for any liquor license, if applicable, must be completed. The hours of operation of the restaurant shall conform to any requirements of the liquor license.
2. For restaurants that do not require liquor licenses, the hours of operation shall conform to the hours of existing restaurants in the community.
(e) Details of the air filtration system and an operation and maintenance schedule for the exhaust and filter systems must be provided in the building permit submittal application. Issuance of the building permit shall not occur until the systems along with the operation and maintenance schedules have been approved.
(f) No loud speakers or amplification of sound are permitted outside the building.
(g) Schedules for deliveries and trash pickup must be submitted and found to be acceptable to the city.
(h) For all restaurants egress and access to the site and delivery areas shall be located to minimize the impact of traffic, light and noise on the single-family homes.
(D) Special uses. Special uses may be allowed consistent with the provisions of § 159.045 upon the granting of a special use permit for the specific use in accordance with the terms of a special use permit ordinance therefore. Special uses in the B-2 Community Business District are set forth in § 159.116. Special use permits may also be granted to allow development incentives as provided for in § 159.114. In addition to the standard special use permit criteria in § 159.045, the petitioner shall show that the following criteria are also be satisfied.
(1) A traffic study in a form satisfactory to the City Public Works, Engineer and Public Safety Departments shall be submitted and shall establish that the proposed use and development will not materially and adversely impair traffic convenience and safety.
(2) For drive-through facilities of any type:
(a) Ingress and egress points are located in a manner that does not create safety hazards for pedestrians or other vehicles;
(b) Pedestrian pathways are provided in areas that are separated from the drive-through facility and separated from the ingress and egress points to the drive-through facility;
(c) Pedestrian access to automatic banking facilities is provided to encourage pedestrian activity in the area; and
(d) The drive-through facility is sited, configured and screened in a manner that is consistent with the character of the area through landscaping, grade change, fences, walls or structures so as to minimize the visual impacts on the streetscape.
(3) It has been demonstrated that the building can be adapted to different additive uses in the future.
(4) For new buildings, the development provides pedestrian links between the development and nearby retail uses.
(5) For new buildings and buildings over 5,000 square feet, additive uses, as identified in § 159.116 are incorporated into the development.
(6) If a determination is made by the Plan Commission that the proposed development is a meritorious project that materially advances the stated purposes of the B-2 District and provides specific and identifiable long term benefits to the community, a special use permit may be granted even if divisions (D)(4) and (D)(5) above are not fully satisfied.
(E) Lot size and coverage. No specific requirements.
(F) Setback requirements.
(1) Front yard and corner side yard. A setback of five feet from the front and corner side property lines shall be required for all newly constructed and replacement buildings.
(2) Side lot line and side or rear lot line. Where a side lot line of a property in the B-2 District coincides with a side or rear lot line in an adjacent residence or general residence district, a setback equal in dimension to the side yard setback required in the adjacent residential district shall be required.
(3) Rear lot line and side lot line. Where a rear lot line of a property in the B-2 District coincides with a side lot line in an adjacent residence or general residence district, a setback equal in dimension to the side yard setback required in the adjacent residential district shall be required.
(4) Rear lot line and rear lot line. Where a rear lot line of a property in the B-2 District coincides with a rear lot line in an adjacent residence or general residence district, a setback equal in dimension to the rear yard setback required in the adjacent residential district shall be required.
(G) Height requirements. The maximum height of all principal buildings and structures shall not exceed 35 feet and the maximum height of all accessory buildings and structures shall not exceed 25 feet.
(H) Floor area ratio. The floor area ratio for the B-2 District is 0.50. A higher floor area ratio may be considered through the Central Business District Planned Development procedures in § 159.114.
(I) Open space requirement. Ten percent of the zoning lot shall remain as permanent open space configured on the site to provide a gathering space to accommodate the pedestrian uses associated with the use and other uses in the area. Such open space shall be designed to enhance the visual character of the streetscape in the vicinity of the lot. The open space shall be landscaped in accordance with an approved plan and shall be continuous ground area unobstructed by buildings or surface parking areas. Walkways, pedestrian gathering areas and bicycle paths shall be counted as open space even though they may be an impervious surface.
(J) Site plan and design review. The unique character of the B-2 District is reflected not only in the orientation of buildings and improvements as reflected on a traditional site plan, but also in the vertical orientation of buildings and the inter-relationship of buildings, landscaping, the streetscape and other features. In order to ensure the orderly development of properties within the B-2 District in a manner consistent with the overall character of the district, all proposed development within the B-2 District shall be subject to the site plan and design review requirements of this division (J).
(1) Application requirements. All proposed developments within the B-2 District, shall be subject to site plan and design review standards. In addition to the application requirements for the Building Review Board, the following information shall be provided as part of the application:
(a) Lot area;
(b) A site plan showing building foot prints, landscaped areas, open space, locations of outdoor uses, parking areas and walkways;
(c) A floor plan delineating the existing and proposed floor area;
(d) Existing and proposed floor area ratio;
(e) Existing and proposed number of dwelling units;
(f) Parking calculations showing the number of spaces required and the number of existing and proposed spaces. If parking requirements are to be met through a variance or special use permit, this request must accompany the development application;
(g) A narrative that explains how the proposed development meets the district site plan and design review standards;
(h) A traffic study shall be submitted including, but not limited to, the following information: the volume of traffic that will be generated by the proposed uses, the traffic circulation patterns, a study of how ingress and egress to parking lots and drive through facilities will enhance or impair pedestrian activity and how existing streets will be impacted;
(i) A description of the proposed uses of the building and information on any covenants or restrictions that will be placed on the development to ensure specific uses in the future;
(j) A plan illustrating how the building and overall site can be adaptively reused in the future by an alternative use; and
(k) Such additional information as the Director of Community Development deems necessary to properly review the application.
(2) Site plan and design review standards. All properties in this district are under the purview of the Building Review Board. In addition to the standard criteria used by the Building Review Board, development proposals should be designed to preserve and enhance the character and value of the district through the application of the following standards:
(a) Bank Lane is the pedestrian spine of the Central Business District. Developments along Bank Lane should complement the pedestrian elements of Bank Lane, both north and south of Market Square, and south of Illinois Road, by incorporating the various standards listed below;
(b) Buildings should be of varying heights, roof lines and architectural styles, facades shall be detailed with windows and offsets of building elements, building setbacks, arcades, awnings and entryways to achieve a human scale and pedestrian friendly street edges;
(c) All elevations of the building visible from the streetscape or from adjacent residential neighborhoods, should be detailed to a consistent level;
(d) Architectural styles, building elements, proportions, massing, materials and detailing should be consistent with, and complimentary to, the overall historic character of the Central Business District;
(e) Natural, high quality building materials should be used for the exterior of buildings;
(f) Landscape and streetscape treatments should include, but not be limited to, burying utilities, screening all mechanical equipment, planting street trees, foundation plantings, street furniture, variety in building setbacks, pedestrian connections and open spaces;
(g) Architectural design elements and landscaping should be incorporated to enhance the pedestrian nature and overall streetscape of Western Avenue consistent with the other districts;
(h) Alleyways and pathways should be designed to support and encourage pedestrian use;
(i) In order to enhance the character of the district and promote the commercial vitality of the area, outdoor dining and gathering spaces, as well as other amenities that will promote evening activities, should be incorporated into developments. In order to encourage additional pedestrian activity to enhance the commercial vitality of the area, small spaces such as gardens and courtyards should be designed and incorporated into developments;
(j) Retail uses should be located on the ground floor and residential uses above the ground floor;
(k) Existing dwelling units throughout the district should be maintained; and
(l) Landscaping and building design elements should be incorporated into development adjacent to residential districts to create a transition from commercial to residential development.
(3) Review of development proposals. Proposals for development in the B-2 Community Commercial Business District shall be reviewed consistent with the procedures for all properties reviewed by the Building Review Board. In the event that variances are requested, the variance shall be forwarded to the appropriate Board or Commission prior to action by the Building Review Board.
(Prior Code, § 46-53.1) (Ord. eff. 1-15-1972; Ord. 02-01, passed 1-7-2002; Ord. 03-39, passed 6-19-2003; Ord. 04-02, passed 2-19-2004; Ord. 2010-24, passed 4-7-2010)