§ 27-465. C-D central business district.

(a)

Generally. The purpose of the C-D central business district is to accommodate and encourage a broad range of business activities in the downtown section of the city. It is the intent of this district to allow a broad range of land uses, including retail, wholesale, services, residential, governmental, educational, religious, recreational and others which can function without adversely affecting neighboring property or the public interest in general. Intensive use of land and the continued use and renovation of existing structures is encouraged. This section applies to the C-D central business district.

(b)

Permitted uses. The sale of products and offering of services in this district are regulated both by performance standards and by enumeration of uses that are permitted. The following list is not all-inclusive, but rather establishes a descriptive and typical range of activities that are appropriate in this district. All uses must be operated in conformance with the performance standards that follow:

(1)

Any use permitted in C-1 limited business district.

(2)

Custom maintenance and delivery services.

(3)

Dry cleaning and laundries.

(4)

Exhibition and convention halls.

(5)

Hotels and motels.

(6)

Mixed commercial and residential structures in the CP-D district.

(7)

Multifamily residential uses under the standards and requirements of the RP-6 planned apartment district, unless specifically reduced herein.

(8)

Offices, financial institutions.

(9)

Places of assembly and worship, health services.

(10)

Printing and publishing.

(11)

Multifamily residential uses in buildings of three stories or more originally constructed for office/commercial use.

(c)

Plan approval. Preliminary development plans and final plans shall be approved by the planning commission prior to the construction of new or expanded facilities except for single-family dwellings. Such plans shall conform to the requirements for preliminary and final plans as set out in section 27-212. Notices shall be sent to all property owners within 200 feet. Approval or disapproval by the planning commission shall be based upon the following:

(1)

The degree of harmony that will prevail between the visual quality of the proposed use and the surrounding development.

(2)

The degree of conformance with community plans and policies.

(3)

The ability of the site to meet its parking needs or the ability of public or other available parking to meet these needs.

(d)

Performance standards. No use of land or buildings in this district shall be allowed to exceed or violate the following standards:

(1)

All sales, services and storage shall be conducted within a fully enclosed building. No product may be handled or service rendered which cannot be accommodated within a building.

(2)

No use, occupant, equipment or operation shall produce noise that is of higher pitch or volume than that which normally prevails in the surrounding neighborhood.

(3)

No drive-in or drive-through service directly to persons in automobiles is permitted where food or beverages are sold.

(4)

Sale of auto accessories shall be limited to those that do not require and do not normally involve installation on the vehicle on the premises. Tire and battery sales, transmission repair, body work and similar products and services are not allowed in this district.

(5)

No use is permitted that involves the parking, keeping, storage or continuous presence of trucks of over 30,000 pounds GVWR rating, semitrailer rigs or portions thereof, contractors' equipment or large-scale items or materials. This does not apply to vehicles making normal deliveries or trips to serve the property.

(e)

Height and area standards. All buildings and other uses of land shall conform to the following minimum standards:

(1)

No minimum or maximum height requirement.

(2)

No setback is required, except that where a property in this district abuts a zoning district where a setback is required, then that same setback shall be provided on that property in this district.

(f)

Parking standards.

(1)

Uses in this district need not provide off-street parking, except that residential occupancies shall provide not less than one off-street parking space for each dwelling unit, and hotels shall provide one off-street parking space for each room. Such parking spaces shall be paved and shall be on the premises or off the premises within 200 feet of the main entrance to the building served.

(2)

The unified government may, in the planned zoning procedure, require that reasonable off-street parking be provided within a practical walking distance in order to protect the public safety and convenience. For additional standards and information, see division 9 of this article.

(g)

Signs. Signs are permitted in this district but are limited in size, number, location and type of illumination. One wall sign is permitted on each of three facades of the building, and one monument sign is allowed in lieu of one wall sign. For additional standards and information, see division 11 of this article.

(h)

Landscaping and screening. Where setbacks allow, a reasonable amount of landscaping is required on all projects in this district, all to be depicted on a properly prepared plan. Six-foot high architectural screening is to be provided along all side and rear property lines common to or across an alley from residentially zoned property. For additional standards and information, see division 10 of this article.

(i)

Planned zoning. All rezoning cases are reviewed relative to likely impacts of the proposed use on neighboring property and on the community in general. It is recognized that the manner in which a building is designed and located on a site, the visual perception of the project by nearby property owners, and the way that vehicular traffic and surface water are handled are important to the public welfare, yet may vary widely within the framework of these regulations and standards. Many such critical issues can be resolved in the public interest at the time of rezoning by use of the planned zoning process. This process involves submittal and approval of development plans at the time of zoning, a practice that may enhance neighborhood relationships and minimize traffic and other impacts on the public in general. The planned zoning equivalent to this district is CP-D and the procedures are set out in section 27-212.

(j)

Building conversion. No building that was designed and constructed as a residential building shall be converted for commercial use in this district.

(Code 1988, § 27-1170; Ord. No. 64690, § 1(27-43), 8-30-1984; Ord. No. 65417, § 13, 4-6-1989; Ord. No. O-31-99, § 1, 4-29-1999; Ord. No. O-48-02, § 1, 6-27-2002; Ord. No. O-35-05, § 1, 5-4-2005)