SEC. 202.9. FLEXIBLE RETAIL USES.

(a) Applicability. This Section shall apply to Flexible Retail Uses as defined in Section 102.

(b) Requirements.

(1) Underlying Uses incorporated into Flexible Retail. Flexible Retail, as defined in Section 102, incorporates two or more specific uses. Each such use must be Principally Permitted in the underlying zoning district. If a use requires a Conditional Use Authorization in the underlying zoning district, then a Conditional Use Authorization must be obtained before such use may be permitted as part of a Flexible Retail Use.

(2) Minimum of two Uses. A Flexible Retail Use must operate with at least two Uses at any given time.

(c) Abandonment. A Flexible Retail Use must operate with at least two uses at any given time. A Flexible Retail Use that operates only one Use for a period of 90 days or more shall be deemed abandoned, and no new Flexible Retail Use shall be restored without the issuance of a new building permit. However, based on a good faith showing that the operator has diligently attempted to locate and establish a second permitted Use within the Flexible Retail Use, the Zoning Administrator may grant a 90-day extension. If such extension passes without a second permitted Use established within the Flexible Retail Use, then the Flexible Retail Use shall be deemed abandoned.

(Added by Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; amended by Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024)

AMENDMENT HISTORY

Division (a)(2) amended; Ord. 136-21, Eff. 9/4/2021. Division (a) amended; divisions (a)(1)-(2) deleted; division (c) added; Ord. 249-23, Eff. 1/14/2024.