§ 113-177. B-1 neighborhood convenience district.

(a)

Scope. The provisions of this section apply to the B-1 neighborhood convenience district.

(b)

Purpose and intent. The purpose of the neighborhood convenience business district is to provide for small-scale consumer goods stores and limited service establishments which deal directly with the customer by whom the goods and services are consumed. The maximum business size limit is 5,000 square feet. Some business areas may be further restricted by zoning regulations to avoid adverse impacts on residential neighborhoods. The district is primarily intended to serve the surrounding neighborhood rather than the entire community. It is designed to be accessible to retail customers from the nearby neighborhoods, to be compatible with the character of the neighborhoods, and to minimize the blighting influence on surrounding residential neighborhoods by limiting and controlling the uses that are permitted.

(c)

Permitted uses. No structure or land shall be used except for the following specific uses:

(1)

Barbershops, except barber colleges.

(2)

Beauty shops, but excluding cosmetology schools.

(3)

Convenience stores, excluding motor fuel facilities.

(4)

Coin and philatelic (stamp) stores.

(5)

Drugstores/pharmacies.

(6)

Florists.

(7)

Garment pressing, and agents for laundries and dry cleaners, with a maximum of six employees.

(8)

Health care, offices and clinics.

(9)

Laundries - power, with a maximum of six employees.

(10)

Laundromats - self serve.

(11)

Miscellaneous retail establishments (small) (excluding repair and service establishments and gun shops) having a maximum floor area of 1,000 square feet which sell food, apparel and small specialty shopping goods including antiques, sporting goods, books, stationery, jewelry, cameras, novelty and optical stores and small cafes and restaurants.

(12)

Offices, business and professional.

(13)

Holiday tree sales.

(d)

Conditional uses. The following uses are permitted subject to the issuance of a conditional use permit (CUP):

(1)

Automobile repair establishments subject to the following conditions:

a.

The use is existing as of the date of adoption of the amendment from which this section is derived.

b.

The structure and use shall not be expanded without city council approval, based upon finding that the expansion is a furtherance of the public health and safety and will not negatively impact the surrounding neighborhood.

c.

Any change in use shall be to the same or another B-1 permitted or conditional use.

d.

No more than five cars shall be parked outdoors overnight at any one time, and cars shall be parked in an orderly fashion in a designated area.

e.

There shall be no outdoor storage of supplies, materials or trash.

f.

Trash containers and parking areas shall be screened from view from residential areas to the maximum degree practicable in consultation with city officials and upon approval by the city council after review by the planning commission.

(2)

Child care facilities and nursery schools subject to licensing by the state.

(3)

Motor fuel stations as an integral part of a convenience store located at the corner of a minor arterial and collector street as defined by the comprehensive plan.

(4)

Secondhand goods stores as defined in this chapter.

(e)

Permitted accessory uses. The following uses shall be permitted accessory uses:

(1)

Off-street parking and loading, signs, fences, and decorative landscape features as regulated herein.

(2)

Temporary construction buildings (approved by zoning administrator).

(3)

Accessory structures other than private garages as regulated herein. The design, placement, screening and size of the accessory buildings must be approved by the city council as being in harmony with the surrounding business district and neighborhood after review and recommendation by the planning commission.

(4)

Essential service structures, provided no building shall be located within 30 feet of an abutting lot in an R district. The placement of the essential service structure must be approved by the city council as being in harmony with the surrounding business district and neighborhood after review and recommendation by the planning commission.

(5)

Public telephone booths or drive-up service. The placement of the telephone booth or drive-up service must be approved by the city council as being in harmony with the surrounding business district and neighborhood after review and recommendation by the planning commission.

(6)

Other as deemed to be normal, customary, and incidental by the zoning administrator.

(f)

Other requirements. All uses shall in addition to all other requirements comply with the following standards:

(1)

No bars on doors or windows during business hours.

(2)

No automatic interior or exterior security lock doors or doors that require request for entry or exit during business hours.

(3)

No exterior storage of merchandise except for nursery stock associated with a florist.

(4)

No exterior sales of merchandise except for a three-day period twice a year as a sidewalk sale or for merchandise associated with a florist.

(g)

Lot area, height, lot width and yard requirements.

(1)

Minimum lot area 10,000 square feet.

(2)

Maximum principal building height two stories or 24 feet, except as provided by section 113-243 of this chapter. Accessory buildings are subject to section 113-240.

(3)

Minimum lot width 90 feet.

(4)

Maximum building/use size 5,000 square feet, except where otherwise noted.

(5)

Minimum building yard requirements:

a.

Front, 30 feet.

b.

Side, ten feet, but 30 feet if abutting a street or R district.

c.

Rear, 20 feet.

(6)

Maximum lot coverage, including the total area of roofs, driveways, parking lots, sidewalks and similar impermeable surfaces, 75 percent.

(Code 1993, § 9-8.01; Ord. No. 0-93-07, § 1, 7-28-1993; Ord. No. 0-94-05, § 2, 3-23-1994; Ord. No. 0-95-01, § 2, 5-10-1995; Ord. No. 0-99-09, § 4, 12-15-1999; Ord. No. 00-02, §§ 2, 3, 7-26-2000)