§ 27-13. GB General Business District.

(a)

Purpose of district. The General Business District is intended to permit an extensive variety of commercial uses including retail trade, personal and business service establishments, offices and commercial recreation uses of limited scope. These types of commercial uses are conducted wholly within an enclosed building but may incidentally display merchandise wholly under a permanent part of the main business structure, such as a marquee. When combined with the PD Planned Development District, uses permitted in other districts may be grouped with uses permitted in this district to create large area developments of compatible and mutually supportive activities.

(b)

Permitted uses. The following are the only permitted uses within the GB General Business district and are subject only to the general conditions of this section and such other sections as are applicable:

(1)

All retail sales of goods, as distinguished from services, conducted entirely within a building, as well as the incidental display of merchandise wholly under a permanent part of a main building, such as a marquee;

(2)

Automotive maintenance and minor automotive repairs, such as that incidental to sales of auto parts and accessories; lubrication, oil change; tire, muffler and shock absorber installation and repair. Such establishments may also have accessory facilities for washing cars, but shall not perform body repair or painting, engine or transmission overhaul and shall not display vehicles for sale. No inoperative motor vehicle shall be permitted outside the business building;

(3)

Reserved;

(4)

Movie theaters, bowling alleys and skating rinks; pool tables allowed as an accessory and secondary use to such permitted uses;

(5)

Appliance sales and service;

(6)

Offices;

(7)

Churches, colleges, post offices, fire stations and public buildings;

(8)

Research laboratories;

(9)

Medical and dental offices, hospitals;

(10)

Libraries, parks and playgrounds and veterinary clinics;

(11)

Personal service (no massage parlors);

(12)

Specialty shops;

(13)

Water wells, water storage and pumping;

(14)

Cafes, restaurants, cafeterias and drive-through eating establishments;

(15)

Civic clubs, fraternal organizations and lodges without alcoholic beverage sales to members or the public;

(16)

Print shops;

(17)

Frozen food lockers;

(18)

Upholstery shops;

(19)

Service establishments;

(20)

Bicycle repair;

(21)

Shoe repair;

(22)

Any permitted use in an LB zone;

(23)

Ambulance service with or without outdoor storage of ambulances;

(24)

Spas, health studios or fitness centers, without outdoor activities;

(25)

Coin-operated amusement machine arcades;

(26)

Drop-in care centers providing care for children, under fourteen (14) years of age for part of the day but not providing care regularly for the same child; without outside playground area;

(27)

Retail sales of gold, silver, jewelry and coins;

(28)

Antique sales (antiques are articles valued due to their age and are a minimum of thirty (30) years old);

(29)

Retail sales of used merchandise conducted as an accessory use to a primary use, which is the sale of the same type of new merchandise. Sales of used merchandise shall constitute no more than twenty-five (25) percent of the gross sales volume as determined by sales receipts;

(30)

Car rental agencies located within an enclosed building may store rental vehicles outside the building under the following conditions: Maximum of ten (10) vehicles; no vehicles older than three (3) years; no trucks larger than one-half-ton; no wrecked or inoperable vehicles; no vehicles displayed for sale; no washing of vehicles on-premises; and advertising on vehicles limited to front and back bumpers;

(31)

Retail sales of used books and/or used clothing.

(c)

Planned development uses:

(1)

R-3 permitted uses;

(2)

OC permitted uses;

(3)

GB permitted uses;

(4)

Day nurseries, kindergartens and day care centers;

(5)

Tattoo studio;

(6)

Electronic cigarettes.

(d)

Conditional uses:

(1)

Plumbing shops, electrical contractors, mechanical contractors and automotive machine shops are subject to the following conditions:

a.

No outside storage of supplies or products;

b.

At least thirty (30) percent of that part of the building devoted to such use shall be used for retail sales of associated merchandise.

(2)

Temporary buildings to be used as banks are subject to the following conditions:

a.

The site must be improved according to the standards of the GB zoning district, including access, parking, drainage, landscaping and all other standards of the district prior to use of such temporary buildings.

b.

Such temporary buildings shall be removed at the expiration of twenty-four (24) months from the time they are open for business or at the time a certificate of occupancy for the permanent building is issued, whichever occurs first. The principal officers of the bank shall, as a condition of occupancy during such twenty-four-month period, make a written report to the city council every six (6) months, which report shall include the current state of completion and the anticipated occupancy date of the permanent building.

c.

Such temporary buildings are hereby excepted from fire code and building code construction and materials requirements for permanent buildings, but the same shall be subject to all other city requirements. Building permits shall be obtained prior to location of such buildings.

(3)

Temporary mobile offices for on-site recruitment of personnel subject to the following conditions:

a.

The site must be improved according to the standards of the GB zoning district, including access, parking and drainage prior to use of such temporary mobile office.

b.

A temporary building permit shall be obtained from the building official prior to location of any temporary offices.

c.

Permits may not be granted except for a three-week period prior to the issuance of a certificate of occupancy for the permanent building being utilized.

(e)

General conditions.

(1)

Area requirements:

a.

Minimum lot size. Every lot within this zoning district shall be at least twenty-two thousand five hundred (22,500) square feet in area.

b.

Minimum lot width. Every lot within this zoning district shall be at least one hundred fifty (150) feet in width, measured at the front building line.

c.

Maximum coverage. No more than thirty (30) percent of the total lot area shall be covered by buildings.

(2)

Outdoor activities and uses: The incidental display, storage and sale of merchandise shall be subject to site plan limitations if zoned GB PD; otherwise it shall be subject to the following limitations:

a.

All sales of such merchandise shall be consummated indoors, and no cash register or package wrapping counter shall be located out of doors; provided, however, sales and delivery of gasoline may take place outdoors in this district.

b.

Packaged materials displayed out of doors shall not be readily identifiable by type or product name from adjacent public streets by reason of package labels, sales tag markers or otherwise.

c.

Except as provided below, all display areas out of doors shall be confined to a pedestrian walkway immediately adjacent to the building housing the primary use, shall not extend from such building a distance of more than ten (10) feet and shall be located wholly under a permanent part of a main business building, such as a marquee.

d.

For any building of more than thirty thousand (30,000) square feet of floor area, outdoor storage and sale of plants, fertilizer and garden supplies, excluding lawnmowers, tractors and other heavy equipment, is permitted adjacent to the main business building in an area not to exceed fifteen (15) percent of the building area. Such outside storage and sales area shall be paved to the minimum standards provided by section 27-20 of this chapter and screened with a permanent six-foot-high masonry fence from view from all adjacent property and from all public streets. A drive-through shall be permitted in an area not open to pedestrian traffic. Such drive-through shall be equipped with gates capable of screening the outside storage and sales area from view when closed. Sales may be consummated within such screened area. The screened area shall not occupy required fire lanes, parking or landscaping, nor shall it block access to the principal entrance of a building. Such area shall not extend closer to an abutting street parallel to the longest wall of such building any further than such wall.

(3)

Yard requirements: Every lot within this district shall have exterior yards of twenty-five (25) feet, and rear and side yards of twenty-five (25) feet adjoining R-1, R-1A, R-2, R-3, O-1, FP and U districts; otherwise, side and rear yards shall be either zero or at least ten (10) feet.

(4)

Height restrictions: No building shall exceed thirty-five (35) feet in height; provided, however, decorative roofs not exceeding sixty-five (65) feet in height may be constructed on sites of at least fifty (50) acres so long as no part of such roof exceeding thirty-five (35) feet in height is located within five hundred (500) feet of any residence.

(5)

Screening and fencing: Shall be provided and maintained as set forth in section 27-21.

(6)

Parking and loading: Parking and loading shall be subject to the general requirements of section 27-20 and Table 20-3.

(7)

Signs: Subject to the general restrictions of section 27-22.

(8)

Reserved.

(9)

Refuse containers: All refuse and refuse containers shall be screened from view of all public streets.

(10)

Noise: In this district, no noise of activities conducted within the business building shall be discernible above the ambient noise level beyond the property line, as provided in section 27-21.

(11)

Environmental controls: Subject to the provisions of section 27-21.

(12)

Open space: In addition to paved parking and driving areas, at least seven (7) percent of the lot shall be maintained in landscaped open area. If all or a portion of the parkway is maintained in landscaped open area, such landscaped portion will reduce the amount of required landscaped area on the lot at the rate of two (2) square feet of landscaped parkway area for each required one (1) square foot of landscaping on the lot.

(13)

Exterior wall surfaces: All buildings shall have exterior walls of not less than seventy-five (75) percent masonry surface.

(14)

Sale of alcoholic beverages:

a.

The sale, dispensing and otherwise handling of alcoholic beverages directly to the consumer for consumption on the premises shall be permitted only if incidental and secondary to the sale of food for human consumption on the premises, which shall be construed to mean that at least fifty (50) percent of gross receipts must be from the sale of food for consumption on the premises. This regulation shall not apply to private clubs operating within hotels and motels.

b.

Beer may be sold only as incident to carry-out food sales, which shall be construed to mean that gross receipts from alcoholic beverage sales shall be less than gross receipts from carry-out food sales.

c.

There shall be no service of alcoholic beverages to any person within an automobile.

(15)

Parking and loading area setback: When the general business district site lies across the street from property in a residential district, the parking and loading area (other than for required entrances and exits) shall be set back from the property line at least three (3) feet to provide a planting space which shall be permanently landscaped and maintained.

(16)

Drive-up windows: Drive-up windows with a minimum driveway storage capacity of sixty (60) feet per window shall be allowed, provided that the necessary driving lane be separate and apart from the parking and maintenance areas required for the use.

(17)

Automobile storage lots: Automobile storage lots shall be permitted as an accessory use to the sale of automobiles.

(f)

Planned development regulations. GB PD uses shall be subject to GB general conditions; provided, however, that the following GB general conditions may be specifically modified by the site plan or ordinance adopting such site plan:

(1)

Minimum lot size;

(2)

Minimum lot width;

(3)

Yard requirements;

(4)

Maximum building height;

(5)

Access;

(6)

Building to lot ratio;

(7)

Maximum lot coverage;

(8)

Parking and loading;

(9)

Sign regulations;

(10)

Landscape regulations;

(11)

Exterior wall surface;

(12)

Screening requirements.

(Code 1965, Ch. 27, §§ 12.1—12.6; Ord. No. 1082, § 2, 8-13-85; Ord. No. 1139, §§ 1, 2, 8-26-86; Ord. No. 1204, § 3, 8-25-87; Ord. No. 1215, § 1, 10-13-87; Ord. No. 1228, § 3, 4-26-88; Ord. No. 1240, § 1, 2-28-89; Ord. No. 1270, § 1, 2-27-90; Ord. No. 1277, § 1, 4-10-90; Ord. No. 1278, § 1, 4-10-90; Ord. No. 1306, § 1, 11-27-90; Ord. No. 1313, § 1, 1-8-91; Ord. No. 1327, § 1, 4-23-91; Ord. No. 1486, § 2, 4-11-95; Ord. No. 1571, § 1, 4-22-97; Ord. No. 1763, § 10, 3-13-01; Ord. No. 1764, § 5, 3-13-01; Ord. No. 2034, § 1, 10-23-07; Ord. No. 2315, § 4, 4-12-16)