1276.03  USE REGULATIONS FOR LOCAL BUSINESS DISTRICTS.
   Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, in Local Business Districts only for the following uses.  Residential uses shall not be permitted. However, dwellings existing within the District on the effective date of this Zoning Code may continue to be used in accordance with the provisions of Chapter 1286.
   (a)   Main Buildings and Uses Permitted.
      (1)   Professional, financial, governmental, medical, public utility, sales, executive and administrative office buildings and offices, practice of veterinary medicine and animal hospital (conducting wholly within an enclosed building), provided that no kennels, boarding facilities, or animals are housed on the premises, except for the medical purposes only and not to exceed to the extent medically necessary, adult day care centers and child day care centers; and
      (2)   Retail stores and services conducted wholly within enclosed buildings and devoted to supplying neighborhood needs to the following limited extent.
         A.   Retail sales.
            1.   The sale of baked goods, confectionery, groceries, meats, fruits, vegetables, dairy products and packaged beverages;
            2.   The sale and serving of all food, soft drinks, juices and ice cream and all beverages and eating places of all types, including those with dancing and live entertainment; places selling and serving alcoholic beverages, State liquor stores and drive-in establishments, if a conditional use permit is granted by the Planning Commission in accordance with the standards set forth in Section 1262.07;
            3.   The sale of drugs, gifts, antique and art goods, flowers, books, jewelry, pets and supplies (with the exclusion of kennels), periodicals, musical instruments and supplies (provided that no loudspeakers broadcast onto the street) and sporting and athletic goods;
            4.   The sale of wearing apparel, shoes and hats; variety stores; and
            5.   The sale of hardware, tools, paint, wallpaper, garden supplies and household appliances.
         B.   Services.
            1.   Personal services such as beauty and barber shops and interior decorating;
            2.   Laundry agencies and laundromats; tailor, pressing and dry cleaning shops in which only nonexplosive and nonflammable solvents are used, provided that no work shall be done on the premises for retail outlets elsewhere;
            3.   Repair services such as those for household appliances, shoes and hats, radios and televisions;
            4.   Automotive services and maintenance, excluding major repair and/or service station for sale of gas and accessories, as provided for in paragraph (a)(2)B.5. and (a)(2)B.6. hereof; and
            5.   Major repairs by an automotive service, provided that a conditional use permit is granted in accordance with the standards set forth in Sections 1262.07 and 1276.12.  Major repairs may include, but are not limited to, spray painting; body work; clutch, transmission, axle, spring and frame repairs; and major engine overhaul.
            6.   Automobile service station for sale of gas and accessories, provided that a conditional use permit is granted in accordance with the standards set forth in Sections 1262.07 and 1276.12
      (3)   Retail sales in open yards shall be permitted to the following limited extent:  garden equipment and supplies, garden furniture, nursery stock and monuments may be sold on an open lot, provided that the operation is in connection with an established related business conducted within a store building or retail greenhouse on an adjoining lot, and provided, further, that sales in open yards are not within the minimum setback line or within yards adjacent to Residential Districts as established in Section 1276.09.
   (b)   Similar Main Uses Permitted.  Any neighborhood retail store, shop or service not listed above or in any subsequent use classification, and determined as similar by the Planning Commission in accordance with the standards set forth in Section 1262.08.
   (c)   Accessory Uses Permitted.  Any accessory use, such as the enclosed storage of goods or processing operations which are clearly incidental to conducting a retail business, office or service establishment which is permitted as a main use, provided that such a use has no injurious effect on adjoining districts.
      Other accessory uses shall include:
      (1)   Accessory off-street parking and loading facilities as required in Chapter 1282; and
      (2)   Business, professional nameplate, directional, real estate and project signs, subject to the regulations set forth in Chapter 1284.
   (d)   Conditional Uses Permitted. The commercial operation of nursing facilities and assisted living facilities are permitted provided that:
      (1)   The parcel is of sufficient size to fulfill the requirements set forth in Section 1276.07;
      (2)   The size of resident units complies with state licensing requirements;
      (3)   The maximum number of resident units in the nursing home or assisted living facility should be determined based on the minimum setback requirements and height regulations for buildings in Local Business Districts set forth in Section 1276.09 and 1276.10 respectively, provided that the Planning Commission determines there is sufficient floor area in the facility devoted to common areas such as but not limited to common dining room, laundry facilities, meeting rooms and/or lounges;
      (4)   The public or private open space shall not be less than 30% of the gross area of the parcel. “Open space” shall be defined as land unoccupied by buildings, hard surface paving, including driveways, streets and parking areas. “Open space” includes pedestrian walks, publicly accessible plazas, or areas planted with grass, ground cover, landscape material, trees or natural vegetation, parks located in the median of boulevards within the development and retention basins that are designed. Open space may be used for outdoor dining, retail kiosks, entertainment and public art;
      (5)   Nursing homes and assisted living facilities are designed in a manner that breaks down the mass of building(s) to avoid the appearance of an institutional use. Where this is not possible, facade treatment, exterior detailing and landscaping should be provided to relieve extensive blank surfaces;
      (6)   Provided that a conditional use permit is granted in accordance with the standards set forth in Section 1262.07.
(Ord. 1988-173.  Passed 10-17-88; Ord. 90-150.  Passed 7-31-90; Ord. 10-144.  Passed 1-18-11; Ord. 15- 72.  Passed 9-15-15; Ord. 15-95.  Passed 11-4-15; Ord. 16-112.  Passed 9-6-16.)