[1-12-2004 by Ord. No.
1222]
The purpose of this division is to maintain the economic viability
of the downtown retail area; promote development of a pedestrian-oriented
retail center; preserve the retail and mixed-use environment; encourage
pedestrian traffic; promote retail uses on ground floor sites; and
promote residential or mix uses on sites above ground floor level.
[1-12-2004 by Ord. No.
1222]
(Reserved)
[1-12-2004 by Ord. No.
1222; 6-26-2017 by Ord. No. 17-005]
The location boundaries of the Pedestrian Retail Overlay District
are commonly known as the area along Huron Avenue bounded by McMorran
Boulevard to the north and Quay Street to the south.
[1-12-2004 by Ord. No.
1222]
In the Central Business District's (CBD) designated Pedestrian
Retail Overlay District, no land or building shall be used or erected
on the first floor portion of the building facing Huron Avenue except
for one or more of the following specified uses unless otherwise provided
in this division:
(1)
Food service establishments, including grocery, meat market, supermarket,
bakeries, delicatessen, ice cream stores, and other food service establishments
similar to and compatible with the above.
(2)
Personal service establishments, including barber shop, beauty parlor,
tailor shop, shoe repair, dress maker, photography studio and other
personal service establishments similar to and compatible with the
above.
(3)
Other service establishments that include a showroom or workshop
with a retail adjunct, such as that occupied by an electrician, decorator,
painter, upholsterer, a business performing radio, television or home
appliance repair and other service establishments similar to and compatible
with the above.
(4)
Theaters, restaurants, bars, nightclubs and other similar entertainment
facilities, where the patrons are seated or served while seated in
a building.
(5)
Amusement enterprises such as ticket sales, bike rentals.
(6)
Boutiques or establishments operated expressly for the sale of art,
antiques, collectibles and similar merchandise.
(7)
General retail establishments whose principal activity is the sale
of new merchandise to the public. These include such establishments
as household appliance stores, furniture stores, department or variety
stores, drugstores, hardware stores, clothing stores; special stores,
selling flowers, books, stationary, jewelry, novelties and gifts,
tobacco, and sundry small household articles; convenience stores selling
fruit, meat, dairy products, produce, and alcoholic beverages.
(8)
Hotels.
(9)
Multifamily dwellings (apartments) above the first story of any structure
where the ground floor is devoted to a permitted use, provided that:
a.
Existing and proposed dwelling units are kept in an attractive condition
conducive to an appealing Central Business District, and in such a
manner that residential activities do not interfere with the customary
business activities associated with the district.
b.
Each dwelling unit or group of such units are provided with adequate
refuse containers suitable for the temporary outdoor storage of household
refuse. Such containers shall be fitted with a secured lid and located
to the rear of the building.
c.
With the exception of the legally registered and operable automobiles,
the storage of all personal property shall be done within the dwelling
unit or an approved accessory building located to the rear of the
building.
d.
Dwelling unit entrances located on the street frontage shall be inconspicuous,
kept in good repair and free of debris.
e.
Windows facing the street shall be maintained in good repair and
shall retain approved window treatments such as shutters, blinds,
or drapery.
f.
Air conditioning units in windows are allowed on the rear of the
building. Condensation from such units shall be directed in a manner
that prevents the direct deposition and/or accumulation of water on
the sidewalk or street surface below.
g.
The outdoor hanging of laundry or any other personal items from any
rope or fixture attached to the structure or otherwise located on
the premises is prohibited.
[1-12-2004 by Ord. No.
1222]
The following uses may be temporarily permitted subject to the
conditions hereinafter imposed and subject further to approval of
the City's Planning Commission upon recommendation of the Planning
Department and after a public hearing:
(1)
Government offices, post offices, and libraries.
(2)
Offices of nonprofit organizations, such as professional membership
organizations, labor union, civic, social and fraternal associations,
and political organizations.
(3)
Banks, savings and loan associations, and other financial or lending
institutions.
(4)
General office or professional uses including the offices and facilities
of publishing operations for newspapers, magazines or other periodicals
(excluding heavy printing facilities and machinery), and business
services such as mailing, copying and data processing.
(5)
Professional service establishments, including but not limited to
offices or facilities for members of the dental, medical, legal, architectural,
accounting, social services, counseling or other professions and other
professional service establishments similar to and compatible with
the above.
(6)
Uses of the same nature or class as the majority of uses listed in
this district as either a principal permitted use or a permitted use
after special approval, but not listed elsewhere in this chapter,
following a Planning Commission public hearing and recommendation.
Any use not listed and not found to be "similar" is prohibited in
this zoning district.
[1-12-2004 by Ord. No.
1222]
All principally permitted uses and permitted uses after special
approval shall also comply with all applicable provisions of this
chapter and the Historic District Ordinance,[1] along with any other related ordinances, codes, or requirements.
Principally permitted uses and permitted uses after special approval
requirements apply only to the first floor with frontage along Huron
Avenue as defined. All other areas of the building shall only need
to conform to the applicable provisions of this chapter or related
ordinance codes or requirements as normally pertaining to the Central
Business District and Historic Overlay District.
[1-12-2004 by Ord. No.
1222; 10-22-2007 by Ord. No. 1280]
The City Planning Commission may approve a special use permit
if it determines that:
(1)
The building space was designed specifically for the type of use proposed and, as such, occupancy by a principally permitted use under § 52-629 is an unreasonable expectation due to identifiable structural design characteristics, or
(2)
Denial of the request for occupancy by special use permit has resulted
in a long-term (defined as longer than 18 months) vacancy of the property
outside of current market conditions (based upon average retail lease
rate per square foot).
[1-12-2004 by Ord. No.
1222]
The special use permit will be granted for the specific trade
use as named and may not be transferred to another/different use.
A proposed use other than that originally granted in the permit must
reapply for new consideration. The permit may be transferred from
one owner to another as long as the original trade use remains the
same.
