(A) Purpose. The Central Business District Zone (CBD) is intended to provide for the continuing development of this district as the commercial, service, and social center of the city; to maintain its existing character as a pedestrian-oriented concentration of business, administrative, financial, governmental, and other support functions serving the entire city and county and to encourage further residential development in this central area.
(B) Principal permitted uses shall be as follows:
(1) Permitted principal uses at street level. All uses permitted in C-1 and C-2 except those prohibited in division (D) (2) and those permitted with conditions as provided in division (D).
(2) Principal uses permitted at levels other than street level:
(a) All uses permitted in division (B) (1) above.
(b) Clubs and other professional, social, or civic organizations.
(c) Business, office type.
(3) Distilleries and breweries and other appurtenance uses necessary to the distilling and brewing of alcoholic beverages under license by the Kentucky Alcoholic Beverage Commission including sales thereof where permitted by state law not withstanding any other provision of this section.
(C) Accessory uses shall be as follows:
(1) At street level: business, office type, business, wholesale; business, service; places of assembly; publishing and printing; temporary building, construction related only.
(2) Parking and loading space and structures intended primarily for use by employees, customers, or visitors to the related primary structure and not as a separate commercial enterprise available to the public-at-large.
(3) Agricultural, non-livestock.
(D) Conditionally permitted uses. After public notice and hearing and appropriate conditions and safeguards, the Board of Zoning Adjustment may approve and permit as special exceptions:
(1) Business, office type, and clubs at street level when, and only when, none of the enumerated uses of division (B) (1) are to occupy space at levels above the office space.
(2) Multi-family dwellings above the first story of any structure having the first story devoted to uses enumerated in division (B) (1) and as a special use and none of the uses enumerated in these sections are to occupy space in levels above the dwelling units.
(3) Multi-family dwellings at ground level provided the entire structure is devoted exclusively to residential use.
(4) Parking lots and parking structures.
(5) Drive-in windows, banks only.
(6) Child care or group care facility.
(7) Churches when located along arterial or collector street.
(8) Funeral home.
(9) Planned unit development; PDR-3 or PDC.
(E) Prohibited uses shall be as follows:
(1) Agricultural, livestock.
(2) Automobile, trailer, or farm implement sales or rental.
(3) Automotive repair.
(4) Cemetery.
(5) Dwellings, single-family, or two-family detached, mobile home, or mobile home park.
(6) Gasoline and filling stations.
(7) Hospital.
(8) Maintenance or storage facility.
(9) Manufacturing.
(10) Veterinary hospital or clinic.
(F) Use limitations shall be as follows:
(1) Except for enumerated accessory uses all business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.
(2) No use shall produce noise of such volume or pitch as to cause any nuisance in any adjacent residential district at any time or within any residential dwelling unit in any district between the hours of 10:00 p.m. and 7:00 a.m.
(3) Exterior lighting fixtures shall be shaded so that no district light is cast upon any property located in a residential district.
(4) All business, service, and storage of goods other than off-street parking and loading shall be conducted within completely enclosed structures except for outdoor restaurant seating.
(5) No business except a private bank when permitted as a special exception, shall offer goods or services directly to customers waiting in parked motor vehicles, or sell beverages or food for consumption on the premises in parked motor vehicles.
(G) Minimum lot requirements shall be as follows:
(1) Minimum lot area: Two thousand (2,000) square feet.
(2) Minimum street frontage: Fifteen (15) feet.
(3) Minimum lot width: Fifteen (15) feet.
(H) Minimum yard requirements. No yard setback is required except where a use of one intensity use group is directly adjacent to a use of a different intensity use group. Where properties with different intensity use groups are adjacent, buffer yards must be constructed in accordance with the city Design Manual.
(I) Maximum lot coverage by all buildings shall be as follows:
(1) Interior lot: One hundred percent (100%).
(2) Corner lot: One hundred percent (100%).
(J) Maximum height of principal structures. The maximum height of principal structures will be twelve (12) stories.
(K) Floor area requirements.
(1) Minimum floor area requirements for conditionally permitted multi-family dwelling units. The following minimum livable floor area, as defined in this chapter shall apply:
(a) Bedroom or efficiency: Three hundred fifty (350) square feet.
(b) Two (2) Bedroom: Five hundred fifty (550) square feet.
(c) Three (3) Bedroom: One thousand one hundred (1,100) square feet.
(2) Floor area ratio. In the CBD Zoning District, buildings and their required service area shall be allowed to occupy the total site, if the building is no higher than four (4) stories or seven (7) stories if the building construction is part of an approved application for ad valorem tax modification approved under § 35.08. The ratio of gross floor area of the principle structures to the gross lot area shall be 4.0, subject to the following bonus adjustments:
(a) If a developed exterior public plaza or landscaped open space is provided, the building floor area ratio may be increased by 0.25.
(b) If first floor setbacks are provided, the building floor area ratio may be increased by 0.1.
(c) If an internal public pedestrian arcade is provided, the building floor area ratio may be increased by 0.25.
(d) If elevated pedestrian-ways are provided, the building floor area ratio may be increased by 0.5.
(e) If parking requirements are met by contributions to the city Parking Authority Fund, rather than by on-street parking, the building floor area may be increased by sixty-five percent (65%) of the required parking space area.
(f) If a request to waive and/or modify the floor area ratio requirements for properties in the CBD (C-3) is made as part of a tax moratorium application in § 35.08, the City Commission may review available data and make a determination as to whether to waive and/or modify the requirements for the specific building under consideration.
(Ord. passed 1-27-87)
(M) Prefabricated metal-sided buildings prohibited.
(1) No person, entity, or corporation shall within the C-3 Central Business District of the city, construct or build a prefabricated metal-sided building or similar structure in which the outside walls of said building or structure consists of more than thirty percent (30%) of metal, steel, aluminum, or other metal or plastic in relation to the total outside wall space.
(2) There shall be an exemption for such building or structures temporarily constructed for a period of less than ninety (90) days.
(3) The Building Inspector shall not issue any permits of any type for the construction of any building or structure prohibited herein and shall be required to issue permits for the construction or building of any such temporary structures for a period not to exceed ninety (90) days.
(Ord. 0-88-004, passed 4-25-88; Am. Ord. 0-2014-013, passed 6-12-14; Am. Ord. O-2019-08, passed 3-11-19) Penalty, see § 156.999