Chapter 1138: Central Shopping District


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

1138.01   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) Preserve the Municipality’s downtown as a core for retail sales and personal service businesses.

  2. (b) Promote pedestrian accessibility by discouraging uses that attract large-scale automobile and truck traffic that tend to make pedestrian circulation difficult and/or unsafe.

  3. (c) Promote the grouping, clustering and compactness of buildings to further encourage both pedestrian access to retail sales and services as well as comparative shopping.

  4. (d) Allow for a diversity of small business uses that complement and strengthen one another.

  5. (e) Restrict the location of offices, trade and business schools, and self-improvement training facilities to floor space that is not located on the ground floor so as to not disturb or break up the continuous flow of pedestrian shopping within the Municipality’s historic downtown core.

  6. (f) To create a Central Shopping District in which all of the regulations contained in this chapter shall apply.

  7. (g) To retain the unique historic and architectural characteristics of the downtown core while accommodating new investment.
    (Ord. 2019-39. Passed 8-13-19.)

1138.02   Permitted uses

In the Central Shopping 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 of only the main and accessory uses set forth below. Except as otherwise permitted, such uses shall be conducted within completely enclosed buildings.

  1. (a) Main Uses.

    1. (1) Office uses. General and medical office uses as permitted in Office Districts provided that no office use other than a travel agency or similar service oriented business expecting a substantial amount of walk-in traffic, shall occupy a ground floor space with frontage on a public street from which that space has access.

    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, 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 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 retail provision of services, as delineated below.

      1. (A) Full-service restaurants, as regulated in Section 1138.05(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, as regulated in Section 1138.05(c), 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 1138.05(b).

      4. (D) Repair and servicing establishments for such products as household appliances, household electronics, watches, clocks and jewelry, as regulated in Section 1138.05(c), but excluding industrial equipment and motorized vehicles.

    4. (4) Hotels. As regulated in Section 1138.05(f).

    5. (5) Trade schools, etc. Trade and business schools and private establishments offering classes in such areas as self-improvement, dance, exam preparation and weight loss, provided that no such use shall occupy a ground floor space with frontage on a public street from which that space has access.

    6. (6) 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 1138.05(d).

    7. (7) Residential use. As regulated in Section 1138.05(g).

    8. (8) 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, and flag poles.
      (Ord. 2019-39. Passed 8-13-19.)

1138.03   Area and height regulations

For regulations regarding area and height restrictions, the same regulations contained under Section 1137.03 of the Retail Business District shall also apply to all land and structures within the Central Shopping District.
(Ord. 2019-39. Passed 8-13-19.)

1138.04   Yard and setback regulations

For regulations regarding minimum yard and setback requirements, the same regulations contained in Section 1137.04 of the Retail Business District shall also apply to the land and structures within the Central Shopping District.
(Ord. 2019-39. Passed 8-13-19.)

1138.05   Detailed regulations by type of establishment

The following uses, as permitted in Section 1138.02, shall be developed and maintained in accordance with the additional regulations set forth below:

  1. (a) Full-Service Restaurants. As used in this chapter, “full-service restaurant” means a place where food and beverages are sold and consumed on- premises within a completely enclosed building, except as otherwise permitted herein.

    1. (1) A full- service restaurant shall have a host and/or hostess to seat customers, provide table service to customers with food orders taken and food delivered to tables by waiters and /or waitresses.

    2. (2) Outdoor service shall be limited to seating areas which are not located in setbacks. Furthermore, indoor and permitted outdoor service areas for each establishment shall be sufficient in size to accommodate the majority of customers served.

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

    4. (4) Carry-out service shall only be permitted as an incidental use to a full-service restaurant which otherwise complies 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 and 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 and home electronics repair, shall be permitted for uses in the Central 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 that 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 on streets other than Main, or Franklin Streets.

  5. (e) 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.

  6. (f) Residential Use. 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, or public off-street parking by Municipal permit, must be secured for overnight parking and must 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 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.)

1138.06   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.)