18.7.C Use Standards

1.  A non-residential use authorized by the RDO-1 Overlay District may be located only in an existing structure meeting one (1) of the following four (4) standards. All four (4) standards are intended to describe main structures that were constructed and historically used for non-residential or mixed-use purposes. Evidence of such construction and history, including but not limited to records of the Historic District Landmarks Commission and/or historic Sanborn maps, may be required by the Department of Safety and Permits.

a.  A building that is located at a corner, is built to the sidewalk, and has an entrance across the angle of the corner, has display windows, and may have an overhang over the angled entrance.

b.  A structure that is located at a corner, is built to the sidewalk, but instead of an angled entrance has a street-level entrance (no more than one (1) step up) on both streets and has at least one (1) display window.

c.  A structure that prior to recent alterations originally would have met the above criteria and is proposed to be restored to such original features pursuant to either:

i.  Approval from the Historic District Landmarks Commission if within a Local Historic District or designated as a landmark building; or

ii.  Site plan and design review in accordance with Section 4.5.

The proposed restoration shall be completed prior to a certificate of occupancy for any non-residential use authorized by the RDO-1 Overlay District.

d.  A structure that is clearly non-residential or mixed-use in its construction and history of use, including warehouse-style structures, former community facilities such as firehouses, educational facilities, places of worship, gas stations, and other historic commercial and mixed-use structures.

2.  Where a structure was originally constructed as a residential use and was subsequently converted to a non-residential use, a non-residential use may not be re-established use once that use has been discontinued, unless otherwise permitted by Article 25.

3. A non-residential use authorized by the RDO-1 Overlay District is limited to hours of operation between 6:00 a.m. and 10:00 p.m. Other hours of operation may be approved through the conditional use process.

4.  Non-residential uses authorized by the RDO-1 Overlay District are limited to the ground floor. Each non-residential use authorized by the RDO Overlay District is limited to two-thousand (2,000) square feet in floor area. However, a non-residential use authorized by the RDO Overlay District is allowed two-thousand and one (2,001) to five-thousand (5,000) square feet in floor area with a conditional use approval. No variance is allowed for these size limitations.

5.  A non-residential use authorized by the RDO-1 Overlay District is exempt from all parking requirements of this Ordinance. All residential uses shall comply with parking requirements.

6.  A non-residential use authorized by the RDO-1 Overlay District is subject to the sign standards of the HU-B1A District.

7.  Drive-Through Facilities, Live Entertainment – Secondary Use, and Retail Sales of Packaged Alcoholic Beverages are prohibited. A non-residential use authorized by the RDO-1 Overlay District may not serve alcoholic beverages for consumption on or off premises.

8.  Any restaurant shall not store trash, prepare food, or locate service uses in a rear or interior side yard that abuts a residential use.

9. Accessory outdoor dining is prohibited except on a sidewalk, subject to approval of a temporary Sidewalk Use Permit from the Department of Safety and Permits and in accordance with standards on Section 21.8.

10.  A residential use is subject to the following limitations:

a.  The structure shall have been originally constructed with a greater number of units than currently allowed in the base zoning district. Evidence of such history may be required by the Department of Safety and Permits.

b.  A two-family residential use authorized by the RDO-1 Overlay District may expand, subject to the bulk and yard standards of the HU-RD1 District. A multi-family residential use authorized by the RDO-1 Overlay District may expand subject to the bulk and yard standards of the HU-RM1 District.

c.  The conversion to residential use of the upper floors or a ground floor portion of a non-residential building meeting the standards of this section shall comply with the minimum unit size standards of eight-hundred fifty (850) square feet per dwelling unit.

d.  Any residential structure constructed in compliance with the standards of the base district is prohibited from any alteration or conversion to a multi-family dwelling.

11.  Non-residential uses authorized by the RDO-1 Overlay District are also subject to the use standards in Article 20.

Ord. 27,599 MCS, §1, November 21, 2017, Zoning Docket 071-17