Chapter 17.52
B-1 LOCAL BUSINESS DISTRICT

Sections:

17.52.010    Permitted uses.

17.52.020    Building and parking locations.

17.52.030    Height regulations.

17.52.040    Area regulations.

17.52.010 Permitted uses.

A.    Any of the following retail and customer service establishments only after their location and plan of operation are submitted to and approved by the plan commission; and further provided, that all operations and activities of all uses in this district shall be conducted wholly inside a building or buildings except the parking of vehicles and as listed within the provisions of this district. Residential units shall be permitted in this district only as part of a building containing, and in conjunction with, one of the permitted uses herein enumerated; provided, that the number of such residential units per building shall not exceed the number of business units in such building.

1.    Art shop;

2.    Appliance store;

3.    Barber shop;

4.    Beauty parlor;

5.    Bank or savings and loan office with drive-thru;

6.    Book or stationary store;

7.    Clinic;

8.    Clothing or dry goods store;

9.    Drug store;

10.    Florist shop;

11.    Furniture store;

12.    Gift shop;

13.    Grocery or other product store;

14.    Hardware store;

15.    Interior decorator;

16.    Jewelry store;

17.    Music and radio store;

18.    Newsstand;

19.    Notion or variety shop;

20.    Parking lot;

21.    Pharmacy;

22.    Photographer;

23.    Professional office or studio;

24.    Radio and television service and repair shop;

25.    Real estate office;

26.    Shoe store;

27.    Tailor or dressmaking shop;

28.    Tavern and the permission to have outdoor seating subject to the plan commission’s approval of the plan and method of operation associated with the outdoor seating, including adequacy of parking not exceeding twenty (20) seats or ten percent of the licensed seating capacity, whichever is greater, up to a maximum of forty-five (45) seats, not located between the building and any adjacent residential district, measured from the nearest building wall to the residential lot line, ceasing operating hours at ten p.m. even if indoor operating hours are longer, and prohibiting any exterior amplified music, television or sound system;

29.    Telegraph and telephone office and telephone exchange;

30.    Any similar use subject to the approval of the plan commission;

31.    Furnace, heating and air conditioning store;

32.    Limited Food Establishment. An establishment that is prohibited from having a drive-thru, pickup window or delivery service, limited to a total of three hundred (300) square feet of dining area, providing for a maximum of thirty (30) patrons, is contained within a multi-tenant building of which total food establishments must equal less than thirty (30) percent of total gross area and the permission to have outdoor seating not exceeding ten seats, not located between the building and any adjacent residential district, measured from the nearest building wall to the residential lot line, and prohibiting any exterior amplified music, television or sound system.

The following uses shall be included:

a.    Retail bakery;

b.    Confectionary store;

c.    Delicatessen;

d.    Fruit and vegetable market;

e.    Ice cream store;

f.    Meat and fish market;

g.    Soda fountain stores;

h.    Bagel stores;

i.    Coffee/espresso bars;

33.    Retail dry cleaning businesses (hereinafter “RDCB”) with on-site production facilities under the following conditions:

a.    The area for both production and customer service of the RDCB shall not exceed three thousand five hundred (3,500) square feet, as documented with a layout of the space, along with square footage (site plan).

b.    No outside pick-up or drop-off facilities shall be located on the building of the RDCB or on the property of the RDCB. In addition, the business shall have no remote pick-up or drop-off site or sites.

c.    The portion of the building containing the RDCB shall be block wall with exterior facade material approved by the plan commission, and a concrete slab floor only, or concrete over block, if a basement exists.

d.    Only fifth-generation, or later, drycleaning equipment may be used with a closed perc system and self-cleaning sludge removal. A fifth-generation drycleaning machine is a hermetically sealed, environmentally safe machine with virtually no solvent emission to the atmosphere or to the neighborhood.

e.    No industrial or bulk wholesale cleaning may be permitted on the premises.

f.    No sidewall or front wall exhausting of equipment shall be permitted. Also, rear wall exhausting shall not be permitted towards a residential zoning district.

g.    All retail drycleaning operations shall be limited to a twenty (20) horsepower boiler.

h.    No trucks for pick-up or delivery shall be permitted;

34.    Low intensity restaurant and the permission to have outdoor seating subject to plan commission approval of the plan and method of operation associated with initial and subsequent occupancy, including the establishment of serving hours and adequacy of parking not exceeding twenty (20) seats, not located between the building and any adjacent residential district, measured from the nearest building wall to the residential lot line, and prohibiting any exterior amplified music, television or sound system;

35.    Restaurants, dine-in, and the permission to have outdoor seating subject to the plan commission’s approval of the plan and method of operation associated with the outdoor seating, including adequacy of parking not exceeding twenty (20) seats or ten percent of the licensed seating capacity, whichever is greater, up to a maximum of forty-five (45) seats, not located between the building and any adjacent residential district, measured from the nearest building wall to the residential lot line, ceasing operating hours at ten p.m. even if indoor operating hours are longer, and prohibiting any exterior amplified music, television or sound system;

36.    Produce stand;

37.    Tent sales, subject to the requirements enumerated in Section 15.04.400;

38.    Outdoor sales and display in association with operation of a grocery store or produce stand, subject to approval of a plan and method of operation by the plan commission;

39.    Outdoor display from an area designed and improved for outdoor display subject to approval by the plan commission and provided products are:

a.    Available for sale in the store on the site;

b.    Located proximate to the tenant space where the product is for sale when in multi-tenant centers;

c.    Displayed from a covered, paved and potentially landscaped area;

d.    Limited to a single tier of displayed product(s);

e.    Arranged so as not to obstruct pedestrian accessibility;

f.    Located so as not to obstruct protective services provision;

g.    Secured from theft;

h.    Singular in its presentation, i.e., products for sale, not storage;

i.    Located on private property, not in a public right-of-way;

j.    Outdoor display improvements may be located in the building setback;

k.    Outdoor display improvements may not exceed the impervious surface area ratio of the base zoning district, overlay district or planned development district;

l.    Outdoor display improvements may not reduce the path width of any pedestrian way, terrace, patio area, etc. to a clear width less than five feet;

40.    Sidewalk sales without plan commission review or approval provided the products are sold from a privately owned sidewalk or terrace and must be:

a.    Located on a pedestrian sidewalk/terrace, not from the parking lot or other location;

b.    Located proximate to the tenant doorway from which the product is to be purchased;

c.    Limited to a single tier of product;

d.    Limited to the width of the tenant space;

e.    Located so as not to obstruct protective services provision;

f.    Brought indoors at the close of each business day; and

g.    Sidewalk sale products sold from privately owned sidewalks/terraces may not reduce the path width of any pedestrian way, terrace, patio area, etc. to a clear width less than five feet.

There shall be permitted in connection with any of the foregoing retail customer service establishments such as sheet metal work or fabrication of metal as shall be clearly incidental to the retail sale of prefabricated appliances, parts or merchandise; provided the plan commission may restrict such sheet metal work or fabrication or forbid it in those cases where it determines, in writing, after hearing evidence and giving written notice of such hearing to the owner of the retail establishment in question and the owners of all abutting properties, that the noise emitted by the particular sheet metal work or fabrication tends to depreciate property values in the neighborhood or make the local business district less attractive to the other uses which are permitted in such local business district. (Ord. 2325-13 §§ 1, 2, 2013; Ord. 2251-11 §§ 4 – 6, 2011; Ord. 1726 § 2, 2000; Ord. 1594 § 1, 1997; Ord. 1581 § 1, 1996; prior code § 17.34(1))

17.52.020 Building and parking locations.

A.    Setback: one hundred (100) feet minimum, except off-street parking conforming to Section 17.120.010 may be in the setback except the front twenty-five (25) feet thereof.

B.    Offset: ten feet for buildings or parking, except where the property is adjacent to a residential district where the building and parking offset shall be twenty-five (25) feet on the side or rear adjacent to the residential district, and except for intensive uses as specified in Section 17.108.090. Where an existing parking offset is less than twenty-five (25) feet and an addition to the existing parking area is proposed, the offset for the addition may be less than twenty-five (25) feet, but greater than ten feet and shall be landscaped with a continuous year-round landscape screen, consisting of a combination of deciduous and evergreen trees and shrubs, shall be installed and maintained to a minimum height of twelve (12) feet for the full depth of a ten-foot offset.

C.    Accessory structures with foundations in association with the creation of “third places” within the building setback include pergolas, permanent seating, band shells, decks, gazebos or similar structures as determined by the plan commission. (Ord. 2296-12 § 1, 2012; prior code § 17.34(2))

17.52.030 Height regulations.

A.    Principal building: thirty-five (35) feet maximum.

B.    Accessory building: fifteen (15) feet maximum. (Prior code § 17.34(3))

17.52.040 Area regulations.

A.    Floor Area.

1.    Minimum required for residence purposes: same as for the M-1 district. A residential unit in a building used in part for commercial purposes shall meet the requirements for multiple-family dwellings.

2.    Maximum FAR permitted: thirty (30) percent including accessory buildings.

B.    Lot Size.

1.    Minimum area: thirty thousand (30,000) square feet.

2.    Minimum average width: one hundred fifty (150) feet.

C.    Open space: twelve thousand (12,000) square feet minimum per family.

D.    Lot Coverage Landscape Surface Ratio (LSR).

1.    Maximum lot coverage: seventy (70) percent all buildings and impervious surfaces.

2.    Minimum landscape surface ratio: thirty (30) percent. (Prior code § 17.34(4))