Section 29-15 District C-2, central business district.

(a) Purpose. This district is intended to provide for commercial facilities in the central business district. The principal land uses are retail sales, services, offices and public facilities.

(b) Permitted Uses. In district C-2, 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, Non--Conforming Uses, and section 29-31, Board of Adjustment):

All permitted uses in district C-1 with the exception that dwelling units shall also be subject to section 29-8(d)(6).

Armories.

Assembly and lodge halls.

Automobile repair facilities, provided that all repair shall take place within an enclosed building.

Bakeries.

Bars, cocktail lounges and nightclubs.

Billiard halls and game arcades.

Bicycle repair shops.

Bus stations.

Car washes, coin-operated or attendant-operated.

Electrical repair shop.

Garment storage facilities.

Government buildings and facilities.

Hospitals for small animals, if within an enclosed building.

Hotels.

Laundries, commercial.

Lumberyards.

Multi-level, underground or covered commercial parking for automobiles and light trucks.

Newspaper publishing plants.

Printing shops.

Restaurants, cafes and cafeterias.

Service stations, provided all fuel storage tanks are located underground.

Shops for custom work, or the manufacture of articles to be sold at retail only on the premises, provided that in such manufacture the total mechanical power shall not exceed five (5) horsepower for the operation of any one shop, and provided that the space occupied by the manufacturing use permitted herein shall not exceed fifty (50) per cent of the total floor area of the entire building or the equivalent of the ground thereof, and provided further that such manufacturing use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke, gas, or otherwise.

Sign painting shops.

Theatres, not including drive-in theatres.

Trade schools.

Wholesale sales offices and sample rooms.

Customary accessory uses, including drive-up facilities, subject to the provisions of section 29-27.

Any retail business or use of a similar character to those listed above, provided that such use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke, gas, or otherwise.

(c) Conditional Uses. The following uses shall be permitted in district C-2 only after the issuance of a conditional use permit pursuant to the provisions of section 29-23:

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.

Hospitals for human beings, medical or dental clinics, sanitariums, and medical laboratories.

Mortuaries, which may include a crematory.

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) The application required by section 29-23 shall include a conceptual design plan that shows:

a. The location of the proposed facility in relation to the existing uses of the building.

b. The square footage of the total building and area that will be allocated for the proposed facility.

c. The means of ingress and egress to the proposed facility.

d. The use group or groups that the building is currently permitted for as defined in chapter 6 of this code.

e. How the altered building will address parking and loading demands generated by the proposed facility.

The conceptual design plan is not required to be “sealed” by a registered design professional. The plan may be drawn by the applicant. The plan shall be prepared in a manner that all details are legible.

(2) The facility is incidental to the primary use of the building in which it is located (i.e., a mixed use occupancy building shall be required).

(3) The facility shall not be used to store flammable gases, aerosols, paints, thinners, feed, fertilizer, soil conditioners, pesticides, chemicals, explosives and other hazardous materials, construction materials, inoperable vehicles, or for bulk storage of any kind.

(4) The use of power tools, paint sprayers, or servicing, repair or fabrication of furniture, boats, trailers, motor vehicles, lawn mowers, appliances and other similar equipment is prohibited in the facility.

(5) The facility shall be used exclusively for the storage of goods. No individual tenant may convert, use, or otherwise alter a leased or rented unit to sell any stored item from the facility or to conduct any type of commercial activity at the facility.

(6) When the facility is located on the first floor of a building, it shall not be located in front of the primary use so that it is the visible storefront of the building.

(7) When the facility is located in the basement or on any floor higher than the first floor of a building, it may occupy the entire basement or floor only if existing exterior windows remain intact and are “blacked-out” to ensure that stored items are not visible and that the architectural integrity of the building façade is maintained. Building facades on new or renovated construction shall incorporate design elements that break-up the façade so it does not create a blank elevation.

(8) When the facility is located in an existing or renovated building, loading and unloading activities, on public rights-of-way, shall not occur between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m. (Monday thru Friday).

(9) When the facility is located in a newly constructed building, provision for off-street loading/unloading facilities shall be incorporated into the design of the structure. The facility shall be of adequate depth from the right-of-way so that no blockage of the travel way will occur during loading/unloading activities. When such provision is made, the limitation on hours of loading and unloading, stated in subsection 8, shall not apply. On-site parking requirements shall be governed by the provisions of section 29-30.

(10) All proposed construction, renovation, or alteration activities necessary to permit the facility to occupy an existing or new structure shall be in accordance with the requirements of chapter 6 and chapter 9 of this code. Activities begun before submission, review and approval of professionally sealed plans and the issuance of a building permit shall be a violation of the conditional use permit conditions and this code.

Uncovered, surface commercial parking for automobiles and light trucks, except for publicly-owned parking facilities.

Uncovered, surface off-street parking areas, except for publicly-owned parking facilities.

(d) Height and Area Regulations. In district C-2 any building, portion of a building or dwelling hereafter erected, constructed, reconstructed or altered shall be subject to the following regulations (for exceptions, see section 29-26, Height and Area Exceptions):

(1) Lot size. No minimum requirement.

(2) Yards. No minimum requirement.

(3) Building height. No maximum height.

(4) Vision clearance. No requirement.

(5) Floor area. No minimum requirement.

(6) Parking. (See section 29-30, Off-Street Parking and Loading.)

(Code 1964, § 19.163; Ord. No. 9958, § 1, 10-3-83; Ord. No. 11702, § 1, 12-7-87; Ord. No. 12088, § 1, 12-12-88; Ord. No. 13526, § 1, 12-7-92; Ord. No. 14777, § 1, 3-4-96; Ord. No. 15134, § 1, 2-3-97; Ord. No. 15471, § 1, 1-5-98; Ord. No. 16105, § 1, 8-2-99; Ord. No. 17667, § 1, 5-5-03 ; Ord. No. 20285, § 1, 6-1-09)

(Ord. 20285, Amended, 06/01/2009, Prior Text; Ord. 17667, Amended, 05/05/2003, Prior Text; Ord. 16105, Amended, 08/02/1999, Prior Text; 15471, Amended, 01/05/1998, Prior Text; 15134, Amended, 02/03/1997, Prior Text)