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 [6] months.
      (2)   The applicant has worked cooperatively with the City's Community Development Department during the six [6] 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.)