Chapter 1137: Retail Business District

Sections

Cross references

  • Garbage or refuse outside eating establishments - see GEN. OFF. 521.10
  • Off-street parking - see P. & Z. 1141.05
  • Signs permitted - see P. & Z. 1143.06
  • Special use designations - see P. & Z. App. A

1137.01   Intent

In addition to the applicable provisions of the intent stated in Section 1105.03, it is the intent of these district regulations to promote retail business development appropriately designed and located to achieve, among others, the following objectives:

  1. (a) To serve the daily shopping needs of community residents;

  2. (b) To promote vitality in the local economy by serving the specialty retail shopping needs of the regional population;

  3. (c) To strengthen the viability of the retail business district by focusing new retail development near the existing Municipal center and by preserving the pedestrian oriented retail character of the commercial street frontage; and

  4. (d) To complement the historic and small-scale character of the Municipality’s present residential and business communities.
    (Ord. 2019-39. Passed 8-13-19.)

1137.02   Permitted uses

In a Retail Business District, more than one (1) main building may be grouped on a lot provided that such grouping shall comply with the requirements of this District. Buildings and land shall be used by right for only the main and accessory uses set forth below. Except as otherwise permitted, such uses shall be conducted wholly within enclosed buildings. Processing, production and repair activities are further regulated in Section 1137.05(d).

  1. (a) Main Uses.

    1. (1) Office uses. General and medical office uses as permitted in Office Districts.

    2. (2) Retail sales. Establishments engaged primarily in the retail sale of merchandise as delineated below.

      1. (A) Convenience stores. Establishments engaged primarily in the sale of an assortment of merchandise from several categories including those selling any combination of food, or beverages for consumption off premises, pharmaceuticals, hardware, variety items, stationery, cards, tobacco, and reading matter.

      2. (B) Specialty stores. Establishments engaged primarily in the sale of one specific type of merchandise including those selling food and beverage products requiring further preparation off premises, artwork, antiques, crafts, gifts, jewelry, leather goods and novelties.

      3. (C) Shopping goods stores including those selling apparel, furniture, luggage, appliances, bicycles, auto parts, sporting goods, office supplies and equipment, and musical instruments.

    3. (3) Retail services. Establishments engaged primarily in the sale of services, as delineated below.

      1. (A) Restaurants and other establishments engaged primarily in the sale of food in a ready-to-consume state, as regulated in Section 1137.05(a).

      2. (B) Personal service establishments including tailor, shoe repair, dry cleaner, laundromat, barber, beautician, musical instruction, artist studio, photography studio, and copying and printing, but excluding tattoo and body piercing establishments.

      3. (C) Banks, credit unions and savings associations, which may or may not include drive-in services as regulated in Section 1137.05(c).

      4. (D) Repair and servicing establishments for such products as household appliances, watches, clocks and jewelry, but excluding industrial equipment and motorized vehicles.

    4. (4) Hotels. As regulated in Section 1137.05(g).

    5. (5) Recreation and entertainment uses. Fitness centers, bowling alleys, event centers, indoor theaters, and similar uses conducted within completely enclosed buildings sufficiently sound-insulated to confine all noise to the premises. Amusement machines are prohibited by the provisions of Chapter 715 of the Business Regulation Code.

    6. (6) Trade schools, etc. Trade and business schools and private establishments offering classes in such areas as self-improvement, dance, exam preparation and weight loss.

    7. (7) Public buildings. Village hall, library, post office and other public facilities providing frequently used, pedestrian-oriented services. Police stations, fire stations and ambulance services shall be permitted only as regulated in Section 1137.05(e).

    8. (8) Museums and similar facilities.

    9. (9) Community centers.

    10. (10) Parking lots. As regulated in Section 1137.05(h).

    11. (11) Residential use. As regulated in Section 1137.05(i).

    12. (12) Similar uses. As regulated in Chapter 1113.

  2. (b) Accessory Uses.

    1. (1) Parking areas (open or enclosed) and loading areas, driveways and walkways.

    2. (2) Landscape features, fences, walls and hedges as regulated in Chapters 1142 and 1148.

    3. (3) Utility, maintenance, sanitation and storage facilities as regulated in Section 1144.02(d) and provided such use is located so as not to significantly interrupt the commercial street frontage.

    4. (4) Rooftop mechanical equipment necessary for the normal operation of a permitted use.

    5. (5) Signs, as regulated in Chapter 1143.

    6. (6) Lighting structures as regulated in Chapter 1150 of this Planning and Zoning Code, and flag poles.

    7. (7) Carry out food service as regulated by Section 1137.05(a)

    8. (8) Outdoor sales as regulated in Section 1137.05(e)
      (Ord. 2019-39. Passed 8-13-19.)

1137.03   Height regulations

In a Retail Business District, land and structures shall be developed and maintained in accordance with the following height regulations,

  1. (a) Main buildings. Forty feet maximum

  2. (b) Accessory structures. Thirty-five feet maximum for garages and fifteen feet maximum for other structures.

  3. (c) Exceptions to height limitations. Rooftop mechanical equipment as permitted under Section 1137.02(b)(4) may extend a maximum of ten feet above the highest point of the building on which it is located, provided that such equipment is set back from each building face a distance at least equal to the height by which it exceeds the building height.
    (Ord. 2019-39. Passed 8-13-19.)

1137.04   Yard and setback regulations

In a Retail Business District, land and structures shall be developed and maintained in accordance with the following land and setback regulations. Landscape features, fences, walls and signs shall be permitted in setback areas, provided that such uses conform to applicable regulations of this Planning and Zoning Code. Other accessory uses are permitted in setbacks only in accordance with the setback regulations of Section (b) below.

  1. (a) Yards. The minimum setback from lot line to a main building shall be as set forth below.

    Minimum Setback (feet)

    Yard To Street R.O.W. Line To Residential District Line To Other Lot Line
    Front 20 – –
    Side (each) 20 15 5
    Rear 20 40 5

  2. (b) Setbacks. The minimum setback from a lot line to an accessory structure or use shall be as set forth below.

    Minimum Setback Depth (feet)

    Accessory Use To Street R.O.W. Line To Residential District Line To Other Lot Line
    Structures * 15 5
    Surface Parking Area (main or accessory) 10 10 5
    Drives * 10 5
    Lighting, Flag Poles 5 10 5

    * Accessory structures and drives are not permitted in required yards except that drives are permitted only as necessary in providing access to a public right of way.

  3. (c) Modifications to Yard and Setback Requirements.

    1. (1) Front yards. The Planning and Zoning Commission may reduce the required front yard setback to permit proposed buildings in substantially built-up blocks to meet prevailing setbacks if such alignment is deemed more appropriate by the Commission.

    2. (2) Side yards. Buildings on adjoining lots may be attached at side lot lines if approved by the Planning and Zoning Commission and Architectural Board of Review in consideration of planning and design standards.

    3. (3) Buffers. The Planning and Zoning Commission may eliminate buffer requirements at side and rear lot lines joining nonresidential uses in order to permit shared drive and parking facilities. Such action shall be taken only if it is determined that site design or safety will be improved as a result. The Planning and Zoning Commission shall require the submission of written reciprocal agreements between the property owners, which shall be recorded with the County Recorder, guaranteeing the observance of all required conditions for the life of the shared driving and/or parking facilities, which agreement shall be reviewed and subject to the approval of the Law Director, which agreements shall name the Municipality as a third party beneficiary of the agreements with the right to enforce such reciprocal agreements.

  4. (d) Projections into Setbacks. An open or semi-enclosed fire escape may project no more than six feet into a required rear yard.
    (Ord. 2019-39. Passed 8-13-19.)

1137.05   Detailed regulations by type of establishment

The following uses, as permitted in Section 1137.02, shall be developed and maintained in accordance with the additional regulations set forth below.

  1. (a) Restaurants (and other establishments engaged primarily in the sale of food in a ready-to-consume state).

    1. (1) Outdoor service shall be limited to seating areas which are not located in setbacks.

    2. (2) Direct service to customers in automobiles or other vehicles shall not be permitted.

    3. (3) Restaurants which engage in the sale of food in a ready-to-consume state, but to be consumed off the premises, shall not be permitted.

    4. (4) Carry-out food service shall only be permitted as an incidental use to restaurants and other establishments engaged primarily in the sale of food in a ready-to-consume state on the premises, and which otherwise comply with the requirements of this Planning and Zoning Code.

  2. (b) Drive-In Facilities. Drive-in banking facilities and similar facilities providing direct service to customers in motor vehicles shall be, planned, designed and constructed so that all vehicle stacking is contained on the lot.

  3. (c) Processing, Production, Repair. Processing, production and repair, such as baking, dry cleaning, photographic processing and appliance repair shall be permitted for uses in a Retail Business District only if the majority of such activity conducted at an establishment represents work generated through customer contacts, primarily walk-in contacts, made at that location rather than at retail outlets located elsewhere.

  4. (d) Emergency Services. In order not to interrupt the pedestrian-oriented commercial street frontage, police, fire and ambulance service uses shall be located if feasible, on streets other than Main or Franklin Streets. If located on these streets, such uses should be located on corner parcels at the intersection of public streets.

  5. (e) Lawn and Garden Outdoor Sale. Outdoor sale of lawn and garden supplies and equipment is permitted provided that no goods are displayed or stored in a setback and that such operation is accessory to an immediately contiguous enclosed retail business selling such supplies and equipment located on the same lot.

  6. (f) Hotels. Dwelling units in a hotel shall be limited to a maximum density of thirty units per acre and a minimum floor area of 300 square feet per unit.

  7. (g) Parking Lots as Main Uses. Landscaping and screening shall be provided as required in Section 1142.06.

  8. (h) Residential Uses. Residential uses shall be developed and maintained in accordance with the following:

    1. (1) No residential use shall occupy a ground floor space with frontage on a public street.

    2. (2) Private, off-street parking must be secured to accommodate a minimum of one parking space per efficiency or one bedroom unit and two parking spaces for two or more bedroom units. The provision of such parking spaces shall not result in the reduction of the required number of parking spaces for any other permitted use.

    3. (3) Minimum dwelling unit area: 500 square feet for an efficiency, 750 square feet for a one bedroom unit, and 150 square feet for each additional bedroom.

    4. (4) All utility equipment and mechanical systems shall be installed so that they are shielded from public view.

    5. (5) The exterior appearance of the building in which the residential use is located shall not be altered in such a manner that will detract from its commercial character.
      (Ord. 2019-39. Passed 8-13-19.)

1137.06   Supplemental regulations

For regulations regarding off-street parking and loading, landscaping, lighting, signs and environmental performance, refer to Chapters 1141 - 1150 of the Planning and Zoning Code.
(Ord. 2019-39. Passed 8-13-19.)