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In order to preserve the downtown as a pedestrian-oriented core for retail sales, it is essential to maintain an environment with first floor, street-level land uses that generate pedestrian activity, which contributes to a vibrant downtown. For that reason, uses in the D-B Downtown Business District, Sub-District A shall comply with the following:
(a) For the purposes of this Section, first floor space means the tenant space that is at street level.
(b) In the D-B Sub-District A, which is the Traditional Commercial Core along Erie Street, any use noted in Section 1141.03 Schedule of Permitted Uses as P/C in the D-B District requires a conditional use permit for a first floor location. Such use is allowed by right above the ground floor.
(c) In all other D-B Sub-Districts, a use noted in Section 1141.03 Schedule of Permitted Uses as P/C in the D-B District shall be allowed by right on the first floor as well as above the first floor.
(d) In reviewing a request for conditional use permit for non-retail first floor occupancy in the D-B Sub-District A, the Planning Commission shall determine that allowing the requested non-retail use is the only alternative to an on-going vacancy, as supported by the following:
(1) The applicant provides evidence that the tenant space has been vacant for more than six  months.
(2) The applicant has worked cooperatively with the City's Community Development Department during the six  month period to fill the first floor space with a use permitted by right.
(e) This section does not apply to residential uses, which are regulated in Section 1141.13 .
(Ord. 2020-21. Passed 2-18-20.)