Chapter 29 ZONING*
Section 29-14 District C-1, intermediate business district.
(a)
Purpose. This district is intended to provide commercial shopping and service facilities in
or near a residential neighborhood. The principal land use is a small shopping area with sales and
services oriented to the needs of a local population.
(b)
Permitted Uses. In district C-1, no building, land or premises shall be used and no building
shall be hereafter erected, constructed, reconstructed or altered, except for one or more of the
following uses (for exceptions, see section 29-28, Nonconforming Uses, and section 29-31,
Board of Adjustment):
All permitted uses in district O-1.
Alcoholic beverage sales by the package or as an accessory use to a restaurant.
Alcoholic beverage sales in the original package or by the drink on licensed premises
shall be
permitted in restaurants or similar places where substantial quantities of food are served, all in
compliance with the alcoholic beverage regulations of chapter 4 of this Code.
Barber and beauty shops.
Buildings and premises for public utility services or public service corporations.
Cleaning, pressing and dyeing establishments, provided that no explosive cleaning
fluids shall be
used.
Laundries, coin-operated.
Pet stores and grooming shops, for small animals.
Photographic service shops and studios.
Physical fitness centers, private gymnasiums and reducing salons.
Printing shops, provided the total mechanical power used in the operation of such
printing plant
shall not exceed five (5) horsepower.
Radio and television sales and service.
Repair of household appliances.
Restaurants, cafes or cafeterias, which provide no form of entertainment.
Restaurants, cafes or cafeterias which provide live or recorded music, provided that
such music is
played indoors only and further provided that the music from any such restaurant, cafe or
cafeteria shall not be plainly audible at the property line of the property on which the building
housing such restaurant, cafe or cafeteria is located.
Schools operated as a business, except trade schools.
Shoe repair shops.
Stores, shops and markets for retail trades, provided merchandise is not displayed,
stored or
offered for sale on the premises outside a building in the required front yard or in any side or rear
yard adjacent to a residential zoning district.
Accessory uses, including drive-up facilities, customarily incidental to any of the
above uses.
Customary accessory uses, including drive-up facilities, subject to the provisions
of section 29-27 of this chapter.
(c)
Conditional Uses. The following uses shall be permitted in district C-1 only after the
issuance of a conditional use permit pursuant to the provisions of section 29-23:
Assembly or lodge halls.
Bakeries.
Car washes, coin-operated or attendant-operated.
Halfway houses for not more than fifteen (15) occupants, provided that the board
finds that the
proposed use would not be detrimental to the public interest considering the size and character of
the proposed facility and its proximity to schools, churches, mosques, synagogues, residences,
other halfway houses and halfway houses for young offenders for not more than forty (40)
occupants.
Halfway houses for young offenders for not more than forty (40) occupants, provided
that the
board finds that the proposed use would not be detrimental to the public interest considering the
size and character of the proposed facility and its proximity to schools, churches, mosques,
synagogues, residences, halfway houses and other halfway houses for young offenders.
Hospitals for small animals, if within an enclosed building.
Research and development laboratories, provided there is minimal/insignificant use of
hazardous materials based on a risk assessment.
Self-service storage facilities, subject to the following conditions:
(1) All storage shall be kept within
an enclosed building, except recreation or other
oversized vehicles, compressed flammable gas tanks, or gasoline containers in excess of two (2)
gallons, which shall be stored only in exterior areas screened from the view from any street
frontage.
(2) Where the site is adjacent to
residentially-zoned land, a permanent screen shall be
required and shall conform to the provisions of section 29-17(d)(6).
(3) Storage of feed, fertilizer, grain,
soil conditioners, pesticides, chemicals, explosives and
other hazardous materials, asphalt, brick, cement, gravel, rock, sand and similar construction
materials, inoperable vehicles, or bulk storage of fuels shall be prohibited.
(4) The use of power tools, paint
sprayers, or the servicing, repair or fabrication of furniture,
boats, trailers, motor vehicles, lawn mowers, appliances and other similar equipment shall be
prohibited.
(5) The sale of any item from the
facility or the conduct of any type of commercial activity at
the facility shall be prohibited.
(6) Building heights shall be limited
to fourteen (14) feet.
(7) Loading docks shall be prohibited.
Service stations, provided all fuel storage tanks are located underground.
Trade schools.
(d)
Height and Area Regulations. In district C-1 any building or portions of a building
hereafter erected, constructed, reconstructed or altered shall be subject the following regulations
(for exceptions see section 29-26, Height and Area Exceptions):
(1)
Lot size. No minimum requirement.
(2)
Yards:
a. Front--Not
less than twenty-five (25) feet.
b. Rear--Not
less than ten (10) feet, except that no rear yard is required where the lot line
of the rear yard abuts property in a nonresidential district.
c. Side--No
minimum requirement, except that:
1. On
corner lots there shall be a side yard adjacent to the side street of not less than
fifteen (15) feet; and
2. Where
a C-1 district abuts any residential district, there shall be a side yard of not
less than ten (10) feet.
(3)
Height. Not over thirty-five (35) feet.
(4)
Vision. On any corner lot on which a front or side yard is required, no wall, fence, sign,
or other structure or no plant growth of a type which would interfere with traffic visibility across
the corner shall be permitted or maintained higher than three (3) feet above the curb level, within
fifteen (15) feet of the intersection of the street right-of-way lines.
(5)
Parking. (See section 29-30, Off-Street Parking and Loading.)
(Code 1964, § 19.162; Ord. No. 9958, § 1, 10-3-83; Ord. No. 10041, §
1, 1-3-84; Ord. No. 11702,
§ 1, 12-7-87; Ord. No. 13260, § 1, 3-16-92; Ord. No. 13526, § 1, 12-7-92; Ord. No. 13543,
§ 1,
12-21-92; Ord. No. 14777, § 1, 3-4-96; Ord. No. 15134, § 1, 2-3-97; Ord. No. 17667, §
1, 5-5-03)
(Ord. 17667, Amended, 05/05/2003, Prior Text; 15134, Amended, 02/03/1997, Prior Text)