Sec. 2501052. - Uses permitted.
In the Downtown Mixed Use District (DT-MU) only the following uses shall be permitted:
(1) Multi-family residential units (minimum floor area of a dwelling unit shall be five hundred (500) square feet).
(2) Residential, live/work, single family residential units.
(3) Stores for sale or rental of new merchandise, including vehicles, conducted solely within a building, directed primarily to the ultimate consumer and may also include pop-up temporary stores.
(4) Personal services limited to the following: Travel agency, barbershop, beauty shop, shoe repair, postal facilities, consumer electronic repair and small appliance repair, business service agencies, consumer electronic and small appliance repair home service agencies, tailoring and alterations, photographic film pickup, print shop and cyber café.
(5) Grocery stores.
(6) Offices such as the following: Professional, business offices, incubators, medical or dental offices or clinics.
(7) Banks and financial institutions: Any drive-through facilities must be fully integrated within the building and must meet the design requirements of the district.
(8) Indoor commercial recreation uses limited to motion picture and performance theaters, martial arts, dance and exercise studios, assembly hall, skating rink, tennis, racquetball, handball facilities, health clubs, and physical fitness facilities.
(9) Nursery school or child center subject to the following standards:
(a) Building shall be located at least thirty (30) feet from any R-zoned lands;
(b) At least one (1) completely fenced and secure play lot shall be established, maintained and used for children at play. The fence shall be not less than five (5) feet in height.
(c) Play lots located closer than fifty (50) feet to the plot line shall be screened by an opaque fence or wall or compact evergreen hedge not less than five (5) feet in height.
(10) Institutions such as places of worship, libraries, museums, art galleries, and similar facilities.
(11) Night clubs, bars, taverns, cigar bars.
(12) Stores for sale of antiques and used books, furniture and clothing.
(13) Dry cleaning establishment for direct service to the customers subject to a maximum of twenty-five hundred (2,500) square feet of gross area per establishment.
(14) Restaurant, lounge, and catering, without pickup window or drive-through facilities.
(15) Hotels and motels subject to the following:
(a) Any outdoor recreation areas including swimming pools shall be located at least twenty-five (25) feet from the property line of any adjacent residentially-zoned property unless the adjacent property is being utilized for business related parking or recreation areas are elevated as part of the main structure or parking garage.
(b) The minimum floor area of any rental sleeping room in a motel or hotel, which includes all areas to be individually rented by a customer, shall be three hundred (300) square feet.
(16) Private club, lodge, fraternity, and similar uses.
(17) Veterinary and animal hospitals, subject to the following conditions and limitations:
(a) Adequate soundproofing in any area where animals are contained or treated.
(b) No exterior cages.
(c) Fenced or walled walking areas are permitted subject to all other land development code requirements. At no time shall an animal be unsupervised nor shall runs nor cages be permitted in the outside walking area.
(d) Shall contain an approved air-handling system for disinfection and odor control.
(e) Shall contain adequate waste control facilities, such as a flush system or equal.
(f) Shall contain no crematory facilities.
(g) Such facility shall contain a minimum of twenty-five hundred (2,500) square feet.
(h) All boarding activities shall be ancillary to the primary use.
(18) Heliport, helistops and off-heliport sites subject to the requirements, as outlined in this chapter.
(19) Mixed-use development, in accordance with the provisions of this article.
(20) Vehicle rental offices, subject to the following conditions and limitations:
(a) No more than fifteen (15) rental vehicles shall be located on the site.
(b) Vehicles shall not occupy more than one-half (½) of the lot on which the business is located.
(c) No fueling, vehicle service or car wash facilities or activities shall be permitted on the site.
(d) There shall be no automobile storage other than the interim, incidental and customary parking of the rental cars.
(e) There shall be no employee or rental car parking in any master parking areas.
(f) Parking spaces for rental cars shall be provided in addition to the required parking for the business.
(g) No outdoor speakers shall be permitted.
(h) Vehicles bearing signs, painted or otherwise affixed to the vehicles, may not be stored in a manner or at any location which enables said signs to be visible from any abutting street.
(i) Exterior lighting, consistent with the illumination requirements of section 250144, shall be provided for all rear parking areas used for vehicle storage.
(21) Convenience stores integrated within mixed-use buildings.
(22) Universities/colleges.
(23) Theater, amphitheater, outdoor commercial uses.
(24) Movie theater, maximum eighty thousand (80,000) square feet in size.
(25) Microbrewery, subject to the following conditions:
(a) A copy of federal and state permits and/or licenses shall be provided to the city each calendar year.
(b) No more than fifty (50) percent of the gross floor area may be occupied by the combined brewing operations.
(c) No distribution of malt beverages by commercial vehicles.
(26) Accessory uses and structures.
(a) Outdoor commercial recreation uses limited only to tennis, racquetball, squash, and handball courts, swimming pools, and running tracks, and accessory uses and structures, provided that:
(i) Playing courts, pools, and tracks may be located no closer than twenty-five (25) feet to any street line or residential plot.
(ii) High intensity lighting fixtures located within one hundred (100) feet of any residential plot shall be extinguished no later than 10:00 p.m. unless landscaping/screening is provided so as to have a maximum measurement of zero (0) foot candles at property line(s).
(iii) No outdoor commercial recreational uses permitted by this subsection shall be placed on any parcel of land less than one (1) acre in size.
(b) Dormitories.
(c) Outdoor seating.
(d) Outdoor entertainment.
(e) Pharmacies and medical marijuana dispensing facilities that are accessory to retail stores in excess of ten thousand (10,000) square feet.
(27) Certain family community residences, transitional community residences, recovery communities, and congregate living facilities as provided for in and in accordance with section 250152 of this chapter including but not limited to, Table "A." Congregate living facilities proposed to be located within the spacing distance specified in subsection 250152(3)(b) of this chapter must first be approved as a conditional use.
(Ord. No. 2017-115, § 3, 1-17-18; Ord. No. 2019-104, § 11, 4-3-19; Ord. No. 2023-114, § 24, 9-13-23)