(A) Purpose. The B-3 Traditional Business District consists of the blocks surrounding the Preservation District. To the north, it includes lots on the north side of Wisconsin Avenue. To the south, it extends to Illinois Road. These regulations are designed to preserve the community’s quality of life and the “village” character of the area. In particular, these regulations are intended to preserve the historic buildings, the variety of building sizes and heights, various architectural styles and unique detailing. In addition, the intent is to ensure the continued commercial viability of the district by maintaining the use of quality building materials, encouraging pedestrian traffic, providing generous green space and preserving and enhancing the social gathering spaces in the district. The B-3 District is designed to accommodate a variety of uses in a mutually advantageous setting. Multiple-family residential uses are encouraged in the district.
(B) Conditions of use. Uses allowed in the B-3 Traditional 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, unless specifically authorized by permit from the city. Outdoor uses 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;
(7) Non-retail percentage rule.
(a) Definitions. For purposes of this division (B)(7), the following definitions shall apply.
AREA A. The area bounded by Deerpath on the south, Western Avenue on the east, the south side of Westminster on the north and Forest Avenue on the west.
GROUND FLOOR SPACE. Any space within Area A on the ground floor having frontage on a street alley or outdoor pedestrian walkway.
NON-RETAIL USE. Any use whose predominate activity does not produce sales tax for the city, including, but not limited to, banks, brokerage offices, real estate offices and other business or professional offices. Governmental offices are excluded from the provisions of this section.
VACANCY. A space not regularly occupied and open for business a minimum of four days per week on a monthly bases. 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 the reopening of the establishment is provided.
(b) Limitations on ground floor space; Area A. Non-retail uses are permitted in Area A; however, the aggregate total ground floor space devoted to non-retail uses shall be limited to 10% of the net rentable square footage of ground floor space within Area A and 10% of the street frontage of ground floor space within Area A.
(c) Special use permit. Such uses on the ground floor in Areas A in excess of the allowed percentages may be permitted by special use permit.
(d) Non-retail use vacating a ground floor space.
1. When a non-retail use vacates a ground floor space in Area A such ground floor space shall retain its non-retail status for a period of six months, provided that written notice of the vacation is delivered to the Director of Community Development within 30 days following the vacancy. If written notice is received by the city within 30 days after the vacancy, the space may be reoccupied by a non-retail use so long as a certificate of zoning compliance is granted within six months of the date of notification of the vacancy.
2. A three-month extension of this period may be granted by the Director of Community Development based on a written request from a property owner if building permits for interior renovations have been issued and if the work is progressing. Any vacancy in a ground floor space formerly occupied by a non-retail use for which the notice required in this division (B)(7)(d) is not delivered shall lose its non-retail use status after the expiration of the 30-day notice period.
(8) Appearance of vacant storefront windows.
(a) Definitions. For the purpose of this division (B)(8), 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-3 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 permitted 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 by the appropriate Board or Commission and the City Council.
(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, trash enclosures 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-3 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 of the code, 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-3 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-3 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-3 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-3 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, or three stories, 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-3 District is 0.75. A higher floor area ratio may be considered through the Central Business District Planned Development procedures in § 159.114.
(I) Site plan and design review. The unique character of the B-3 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-3 District in a manner consistent with the overall character of the District, all proposed development within the B-3 District shall be subject to the site plan and design review requirements of this division (I).
(1) Application requirements. All proposed developments within the B-3 District, shall be subject to site plan and design review standards listed below. In addition to the application requirements for the Building Review Board or the Historic Preservation Commission, 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 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 impact pedestrian enhance or impair 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; Historic Preservation Commission. For properties under the purview of the Historic Preservation Commission, in addition to the standards in the Historic Preservation Ordinance, as codified in Chapter 155, 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, by incorporating the various elements listed below;
(b) Landscape and streetscape treatments shall 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;
(c) Bank Lane should be maintained and enhanced as an important pedestrian spine linking various elements of the Central Business District and providing pedestrian access to retail, residential and office uses from off-site parking areas;
(d) Alleyways and pathways designed to support and encourage pedestrian use;
(e) 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;
(f) 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; and
(g) Retail uses on the ground floor and residential uses above the ground floor.
(3) Site plan and design standards; Building Review Board. For properties under the purview of the Building Review Board, in addition to the standard criteria used by the Building Review Board, development proposals shall be designed to preserve and enhance the character and value of the district through the use of the following elements:
(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, by incorporating the various elements listed below;
(b) Buildings shall 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 shall be detailed to a consistent level;
(d) Architectural styles, building elements, proportions, massing, materials and detailing shall be consistent with, and complimentary to, the historic character of the district;
(e) Natural, high quality building materials shall be used for the exterior of buildings;
(f) Landscape and streetscape treatments shall 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) Bank Lane shall be maintained and enhanced as an important pedestrian spine linking various elements of the Central Business District and providing pedestrian access to retail, residential and office uses from off-site parking areas;
(h) Alleyways and pathways shall 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;
(j) 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;
(k) Retail uses shall be located on the ground floor and residential uses above the ground floor;
(l) Existing dwelling units throughout the district shall be maintained; and
(m) Landscaping and building design elements shall be incorporated into development adjacent residential districts to create a transition from commercial to residential development.
(4) Review of development proposals. All proposals for development in the B-3 Traditional Business District shall be reviewed consistent with the procedures for all properties reviewed by the Building Review Board and Historic Preservation Commission. 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 or Historic Preservation Commission.
(Prior Code, § 46-53.2) (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)