1171.15 NONRESIDENTIAL USES IN RESIDENTIAL DISTRICTS.

   (a)    Purposes.

       (1)    Sections 1163.02, 1163.03, 1163.04 and 1165.13 permit retail office, recreational uses and selected community facilities as conditional uses in existing residential structures when such uses comply with the regulations and standards of this section and are approved as conditional uses pursuant to Section 1137.04.

      (2)    The purpose of permitting these uses is to recognize that some residential structures have certain overriding factors which make it unlikely that residential occupancy will continue or be restored. Yet, if offered alternative economical uses these structures could be preserved, with such preservation retaining segments of the community's heritage and character. It is further believed that in these circumstances the rezoning of the property to accommodate a nonresidential development would provide more latitude on the parcel than is warranted, and the rezoning would not necessarily achieve the intended preservation objectives and other purposes of this section.

      (3)    This section can only be applied when the Planning Commission determines that the application of the provisions of this section will benefit the health, safety and welfare of the residents to the same, or greater extent than either redevelopment of the property under its current zoning or development in any other zoning classification.

      (4)    Specifically, in approving a proposal pursuant to this section, the Planning Commission must further determine that:

         A.    The site and building have historic, cultural, architectural or environmental characteristics which are worthy of preservation;

         B.    The proposed uses and the associated renovation will preserve the above qualities;

         C.    The proposal has a minimum adverse impact on adjacent residential lands;

         D.    It is not likely that the residence would continue to be occupied, or be reoccupied with uses permitted in the district; and

         E.    The proposal, in all other respects, meets the criteria for conditional uses in this section and in Section 1137.04.

   (b)    Uses Which May Be Considered. Uses which may be considered pursuant to this section are:

      (1)    Small retail shops of all types, including restaurants, provided the proposed uses are compatible with and will enhance the quality and characteristics of the building and site.

            While a wide spectrum of retail uses may be considered, the objectives and criteria of this section would generally not be fulfilled if typical convenience retail stores and services, such as grocery, hardware, or drug stores, cleaners, beauty and barber shops, were to occupy the premises.

      (2)    Administrative offices for private, institutional or public organizations.

      (3)    Recreational uses.

      (4)    Museums, libraries, studios and other similar and compatible community facilities, whether public or private. (Ord. 50-1983. Passed 8-11-83.)

      (5)   Storage facilities, barns, sheds, or similar such structures, as stand-alone when the chief main building use has been demolished or otherwise removed from the parcel leaving a nonconforming accessory structure.

         (Ord. 82-2014. Passed 9-11-14.)

   (c)    Owner Forfeiting Right to Permitted Uses. During such time as a building or site is occupied with any use pursuant to this section, the owner of the property forfeits the right to further develop the parcel or to use existing buildings for any use heretofore permitted in the zoning district in which the property is located. Such permitted uses may, however, be subsequently approved for the property as conditional uses subject to the conditions of this section and the procedures of Section 1137.04.

   (d)    Site Development Standards and Criteria.

      (1)    All principal uses, with the exception of recreational uses, must be located within the existing structures, or any expansion to existing structures shall be limited by subsection (d)(2) hereof.

      (2)    New buildings, or additions to existing buildings, may be constructed provided that:

         A.    The total first floor area of any new construction shall not exceed twenty-five percent (25%) of the first floor area of the existing buildings; and

         B.    The building expansion must not occur closer to the property line contiguous to residentially zoned land than the existing building or 100 feet, whichever is less.

      (3)    The total area of building and off-street parking shall not comprise more than forty percent (40%) of the site. The Planning Commission may, however, waive the requirement when the property is adjacent to, or across the street from, land in a business or industrial zoning district.

      (4)    Accessory uses must be within enclosed buildings, except for recreational facilities, landscape features, off-street parking and other activities which are compatible with the development and customarily conducted outdoors.

      (5)    Off-street parking shall be provided entirely on the parcel and shall:

         A.    Include the number of spaces specified for the proposed use(s) in Section 1171.11;

         B.    Be located a minimum of 100 feet and adequately screened from the property line adjacent to residentially zoned land;

         C.    Have landscaping within the parking lot equal to twenty percent (20%) of the entire parking area; and

         D.    Comply with all other construction standards in Section 1171.11(e) unless otherwise approved by the Planning Commission.

            (Ord. 50-1983. Passed 8-11-83.)