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.    Subject to all approvals and conditions required by Chapter 17.100 and the provisions of this district, the permitted uses shall be:

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.    (Repealed by Ord. 2606-20);

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 in compliance with the following: no drive-thru, pickup window or delivery service; 600 square feet of dining area and a maximum of 75 patrons; contained within a multi-tenant building of which total food establishments must equal less than 30% of total gross area; outdoor seating not exceeding 10 seats, which cannot be located between the building and any adjacent residential district; and no exterior amplified music, television or sound system.

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 the provision of protective services;

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 or rack of product;

d.    Limited to the width of the tenant space;

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

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

g.    Located to not reduce the path width of any pedestrian way, terrace, patio area, etc., to a clear width less than five feet.

41.    Preschools and child care centers with a minimum of one hundred (100) square feet of outdoor play area for every child in its care that is fenced and screened with plantings from adjoining lots in a residential district;

42.    Schools;

43.    Clubs;

44.    Funeral homes, which may include a crematorium;

45.    Religious uses;

46.    Adult day care;

47.    Residences in accord with the provisions of subsection (B) of this section;

48.    Lawn and garden equipment dealer and service center.

B.    1.    General Regulations. All operations and activities of all uses in this district shall be conducted wholly inside a building or buildings except for parking lots and as otherwise provided herein.

2.    Specific Regulations.

a.    Residential units may only be part of a building containing, and in conjunction with, one of the other permitted uses; provided, that the number of such residential units per building shall not exceed the number of business units in a building.

b.    Outdoor Product Display Areas. In this subsection, “tier” means a row of products. A drawing of the outdoor product display areas must be submitted to the Inspection Services Department prior to display, and display areas are subject to the following standards:

i.    Available for sale in the store on the site and products for sale not storage;

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

iii.    Displayed from a covered, paved, landscaped, or well-maintained grassed area;

iv.    Limited to a single tier;

v.    Arranged so as not to obstruct entrances and pedestrian accessibility or reduce the path width of any pedestrian way, in a terrace or patio area, to a clear width less than five feet;

vi.    Located so as not to obstruct the provision of protective services;

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

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

ix.    Outdoor display improvements may not cause the property to exceed the impervious surface area ratio of the zoning district;

x.    Not located within any offset.

c.    Lawn and garden equipment dealer and service centers may have an outdoor storage area for products to be serviced or prepared for sale and outdoor display areas, subject to the following standards:

i.    Outdoor Storage Area.

(A)    The outdoor storage area must be fenced;

(B)    The fenced area must be at least 95 feet from the road right-of-way;

(C)    Fences facing any public street or a residentially zoned property shall be opaque and a minimum of six feet in height;

(D)    Any other exterior boundaries of the storage area shall be enclosed with a galvanized chain link fence although the principal building may be used as part of the enclosure;

(E)    Products taller than six feet must be located 15 feet from any fencing; and

(F)    Products must not obstruct access to the building or premises by protective services and must be in compliance with Chapter 8.08.

ii.    Outdoor Display Areas.

(A)    A tier in compliance with the provisions in subsection (B)(2)(b) of this section located within 10 feet of the building, except the tier must be brought in at night;

(B)    An additional tier is allowed in the building setback beyond 10 feet from the building but not within the parking setback subject to the provisions in subsection (B)(2)(b) of this section;

(C)    Within the Parking Setback Area. A third tier is allowed within the parking setback when utilizing product display platforms, which are either raised or at ground level and made of concrete, concrete slab or grasscrete paver system. No more than three platforms are allowed with no more than one product per platform all subject to the provisions in subsection (B)(2)(b) of this section except subsections (B)(2)(b)(ii), (iii) and (iv) of this section. (Ord. 2021-061504 §§ 4 – 6, 2021; Ord. 2021-031604 §§ 2, 3, 2021; Ord. 2606-20 § 11, 2020; amended during 1/21/16 update; 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: 10 feet for buildings or parking, except as provided herein:

1.    Where the property is adjacent to a residential district where the building and parking offset shall be 25 feet on the side or rear adjacent to the residential district.

2.    For intensive uses as specified in Section 17.108.090.

3.    Where an existing parking offset is less than 25 feet and an addition to the existing parking area is proposed, the offset for the addition may be less than 25 feet, but greater than 10 feet and shall be landscaped with a continuous year-round landscape screen, consisting of a combination of deciduous and evergreen trees and shrubs, and shall be installed and maintained to a 12-foot minimum height for the full depth of a 10-foot offset.

4.    Zero-foot offset for two or more principal buildings on adjoining lots erected with common or directly adjoining walls located directly on the lot lines, provided they are, or look like, a single unified building and both ends of the “row” type building meet the offset requirements, as long as all property owners enter into and record a covenant, acceptable to the City, agreeing to the row type building.

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. 2862-24 § 6, 2024; 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))