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Zoning File #2327 <br />January 12, 1998 <br />Page 2 <br />The permitted ust in the B-5 District include both service and retail businesses, the majority of <br />which are typically low traffic volume and typically not 24 hour uses. (See Exhibit E) <br />The current list of conditional uses in B-5 was last amended in October 1996 with the deletion of <br />"home and garden equipment rental", which was concurrently made a permitted use in the B-1 <br />District. The B-5 conditional uses include some which may involve higher traffic volumes, or <br />somewhat more intensive use than the permitted uses. For instance, a "candy, ice cream, popcorn, <br />nuts, frozen desserts, soft drinks store" such as the Dairy Queen, has a more intense use of the <br />parking lot and drive thru, and has perhaps more lighting than most of the other allowed retail uses. <br />B-5 also lists "kennels" as a conditional use, which has the poiential for disrupting a neighborhood <br />due to noise levels and possibly odors. The "home and garden equipment rental" use was moved out <br />of the B-5 District on the basis that such use could be noisy or create noxious odors, involving the <br />operation of engines, as well as tending toward fenced storage areas which could be visually <br />disruptive. <br />% <br />The B-5 District was primarily created in 1975 to accommodate existing businesses adjacent to <br />existing single family residential areas. The intent was to limit the intensity of uses in the B-5 <br />District to those which would not only be good neighbors, but provide a valuable service to the <br />surrounding neighborhood. Consequently, the number of properties zoned B-5 is extremely limited, <br />comprising approximately 5.9 acres in total, all of which is in Navarre (see Exhibit C). <br />Nature of Proposed Uses <br />The proposed uses appear to be primarily restaurant type uses. The zoning code defines two types <br />of restaurants: <br />1. "Restaurants (Class 1)" - Food is served to the customer md consumed by him while seated <br />at a counter or table and the restaurant does not serve intoxicating liquor or provide live <br />entertainment. Food is selected by a customer while going through a serving line and taken <br />to a table for consumption. <br />: for <br />2. "Restaurants (Class 11)" - Fast food convenience, drive-in and liquor service restaurants, A <br />restaurant where a majority of customers order and are served their food at a counter in <br />packages prepared to leave the premises, or to be taken to a table, counter, automobile or off <br />the premises to be consumed; or a drive-in where most customers consume their food in an <br />automobile regardless of how it is served; or restaurants which serv e intoxicating liquor or <br />have live entertainment. <br />It is unclear whether the uses proposed by applicant fall strictly into a Class I or Class II category. <br />This is partly due to the nature of the definiti'^n': and to ronie degree a function of the nature of <br />res;aurants in today ’s world. Staff envisions a bagel shop or coffee shop to be of a Class II nature.