(A) CBD; Business District. The Central Business District is intended to permit those uses which provide for a variety of retail stores and related activities, for office buildings and service establishments which occupy the traditional core commercial area of the city and which serve the consumer population beyond the corporate boundaries of the city. The District regulations are designed to promote convenient pedestrian shopping and the stability of retail development by encouraging a continuous retail frontage and by discouraging automobile-oriented and non-retail uses that tend to breakup such continuity. The District regulations are also intended to recognize the architectural scale and context of existing central business district buildings.
(B) Principal uses permitted. In the Central Business District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this chapter:
(1) Any generally recognized retail business which supplies commodities on the premises within a completely enclosed building, such as but not limited to, foods, drugs, liquor, furniture, clothing, dry goods, notions or hardware and including discount or variety stores;
(2) Any personal service establishment which performs services on the premises within a completely enclosed building, such as but not limited to, the following:
(a) Repair shops (watches, radio, television shoe and the like);
(b) Tailor shops;
(c) Beauty parlors;
(d) Barber shops;
(e) Interior decorators;
(f) Photographers;
(g) Dry cleaners; and
(h) Tattoo parlor.
(3) Standard restaurants and taverns not including any drive-in or drive-through service;
(4) Office-type business related to executive, administrative or professional occupations including medical, veterinary and dental facilities, financial institutions, public utility buildings (not including storage yards) and government buildings;
(5) Private clubs, lodges and rental halls with or without catering facilities;
(6) Theaters, assembly halls and concert halls;
(7) Hotels and motels;
(8) Bus passenger stations;
(9) Other uses which are similar to the above and that are retail or service establishments dealing directly with consumers. The majority of goods produced on the premises shall be sold at retail from premises where produced; and
(10) Accessory structures and uses customarily incidental to the above permitted uses.
(C) Principal uses permitted subject to special conditions. The following uses shall be permitted subject to the conditions herein imposed for each use.
(1) Residential dwelling units. Residential dwelling units within an existing commercial building subject to the following.
(a) Dwelling units shall not be located below the second floor.
(b) Such two-story buildings shall be located on Main Street between Bordman Road and Potter Street and on Bordman Road.
(c) Such residences shall conform to all Ch. 154 requirements in existence on January 1, 1989 and as said code is amended thereafter.
(2) Automobile service stations. Automobile service stations are subject to the following provisions.
(a) One hundred and forty feet of street frontage on the lot proposed for the auto service station shall be provided on the principal street servicing the station. The lot shall contain not less than 20,000 square feet of lot area.
(b) All building shall be set back no less than 40 feet from all street right-of-way lines.
(c) Gasoline pumps, air and water hose stands and other appurtenances (with the exception of canopies in division (D) below) shall be set back not less than 25 feet from all street right-of-way lines.
(d) Canopies, for the sheltering of customers while filling their vehicles, shall be set back no less than 15 feet from the street right-of-way lines.
(e) Access drives shall be no less than 25 feet from a street intersection (measured from the road right-of-way) or from an adjacent residential zoning district.
(f) All rest rooms shall be accessible from the interior of the gasoline service station.
(g) Tow trucks (wreckers) and vehicles under repair shall not be stored in the front yard.
(h) The parking of vehicles on site shall be limited to those to be serviced within a 72-hour period.
(3) Bed and breakfast.
(a) Licensing and fees. It shall be unlawful for any person to operate a bed and breakfast facility, without first having obtained a business license. The license shall be issued for one year with subsequent license renewal required each year thereafter. The annual fees for such license shall be set by the City Council by resolution from time to time and shall be published in the office of the City Clerk, who, upon receipt of approval by the Planning Commission in the first instance and by the building Inspector thereafter, shall issue a business license at the time of renewal. This division (C)(3)(a) shall not apply to hotels, motels or motor lodges doing business in the city.
(b) Dwelling unit and operator requirements. Bed and breakfast facilities shall be confined to the single-family dwelling unit which is the principal dwelling unit on the property. The dwelling unit in which the bed and breakfast facility is to be located shall be the principal residence of the operator, and said operator shall live within said principal residence when bed and breakfast operations are active.
(c) Guest register. Each operator shall keep a list of the names of all persons staying at the Bed-and Breakfast operation. The principal guest shall produce proper identification at the time of registration. Such list shall be available for inspection by the Chief of Police, the on-duty officer or the City Clerk at any time.
(d) Length of stay. The maximum stay for any occupant of a bed and breakfast operation shall be 14 consecutive days and not more than 60 days in one year.
(e) Parking. A bed and breakfast operation shall have one parking space available on site for each room occupied at any time.
(f) Public nuisance violations. Bed and breakfast facilities shall not be permitted whenever the operation thereof endangers, offends or interferes with the safety and rights of others so as to constitute a bona fide public nuisance.
(g) Fire safety. The operator of a bed and breakfast shall have a fire safety plan including a map on the back of each door clearly showing the closest exit and the location of fire extinguishers. Each sleeping room to be occupied, shall have a working smoke detector alarm installed in accordance with applicable building codes, also in each sleeping room one operations fire extinguisher shall be available for emergency use. These plans and maps shall be submitted to the Fire Chief and he or she must approve said plan before operation begin.
(h) Zoning. Bed and breakfast facilities shall only be operated in the proper areas of the city as described in this chapter.
(i) Signs and lighting. All signs and lighting shall comply with the this code.
(j) Screening. Screening shall be designed, constructed, operated and maintained so as to be compatible with, and properly screened from, adjacent residential uses.
(k) Cooking facilities. No separate cooking facilities shall be provided for bed and breakfast guests.
(l) Other requirements. All bed and breakfast facilities shall meet all applicable federal and state requirements.
(4) Outdoor dining is permissible at dining facilities authorized under this section upon approval from the Planning Commission. To request approval for outdoor dining, an applicant must submit a site plan depicting: existing uses, existing and proposed structures, the location of the proposed outdoor dining area, the location of proposed furniture or structures, walkways, driveways, roadways and parking. The Planning Commission shall review the site plan, as well as any other information it deems necessary, and grant/or deny a request for outdoor dining if it determines the following conditions have been satisfied and, if approved, operation of outdoor dining is conditioned upon the following being maintained:
(a) A minimum, unobstructed width of five feet must be permanently maintained for public pedestrian passage on all sidewalk space. Furnishings shall not be placed in a manner that obstructs access to this pedestrian passage.
(b) No items shall block visibility for required street signs, crosswalks, and intersections.
(c) Movable racks and furniture will be adequately secured, so that they do not roll or are easily tipped over.
(d) All building exits and exit pathways must be kept clear.
(e) All electrical outside must utilize heavy duty extension cords plugged into GFCI receptacles. Cords cannot be in an area subject to damage or creating a trip hazard. Cords cannot be hung overhead by themselves unless supported by other means (e.g. attached to a cable).
(f) Businesses are responsible for cleaning and maintaining public spaces they use.
(g) All exterior lighting shall not interfere with adjacent properties or street.
(h) Noise produced from the outdoor eating area shall not interfere with adjacent properties in any way.
(D) Required conditions. The following conditions shall apply to all uses established in the Central Business District.
(1) All business, servicing or processing shall be conducted within completely enclosed buildings, with the exception that limited outdoor (sidewalk) displays may be permitted between the hours of 6:30 a.m. and 10:00 p.m., subject to Planning Commission approval providing that such displays are located adjacent to the business (building) and further providing that pedestrian circulation is not impeded along the sidewalk. In no case shall such an outdoor display area occupy more than 40% of the sidewalk measured from the building’s face to the curb line of the street.
(2) When the use abuts a residential use or district, a six-foot high screening wall shall be provided or a chain link type fence with a greenbelt so as to obscure all view from the abutting residential property. The Planning Commission shall have discretion to approve the design, materials and appearance of the screening wall.
(3) The warehousing or indoor storage of goods and materials, beyond that normally incidental to the above permitted uses, shall be prohibited.
(4) Any exterior lighting shall be shielded lighting.
(E) Area and bulk requirements. See § 150.059 limiting the height and bulk of buildings and the minimum size of lots by permitted land use.
(Ord. 143, passed 3-7-2000; Ord. 171, passed 10-7-2008; Ord. 179, passed 4-29-2009; Ord. 210, passed 10-6-2020; Ord. 214, passed 5-3-2022)
Penalty, see § 150.999