Section 29-15 District C-2, central business district.
Prior to the adoption of Ord. 22173 on 08/18/2014, Section 29-15 read as follows.
Purpose. This district is intended to provide for commercial facilities in the central
business district. The principal land uses are retail sales, services, offices
, mixed-use including
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
. and no dwelling units shall be permitted within
the street-side first floor
space in buildings on the following blocks within district C-2:
Broadway, from Providence Road to Hitt Street; and
Ninth Street, from the south side of Walnut Street to Elm Street.
The street-side first floor space shall include an entrance door on either Broadway or Ninth
Street and may include separate doorways, entry spaces, and stair or elevator shafts that provide
access to dwelling units on an upper floor level or behind non-residential building space.
All permitted uses in district C-1 with the exception that dwelling units shall also be subject to
Assembly and lodge halls.
Automobile repair facilities, provided that all repair shall take place within an enclosed building.
Bars, cocktail lounges and nightclubs.
Billiard halls and game arcades.
Bicycle repair shops.
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.
Multi-level, underground or covered commercial parking for automobiles and light trucks.
Newspaper publishing plants.
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.
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)
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
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
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
The conceptual design plan is not required to be sealed by a registered
The plan may be drawn by the applicant. The plan shall be prepared in a manner that all
(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
(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
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
abutting a public street
except for publicly-owned parking facilities.
Parking areas located behind buildings, not directly
adjacent to a public street (except an alley), are permitted.
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.
No maximum height.
Buildings shall have a minimum of two (2) stories consisting of a minimum
of twenty-four (24) feet. One hundred twenty (120) feet or ten (10) stories is the maximum
building height permitted by right. Buildings that exceed one hundred twenty (120) feet or ten
(10) stories shall be subject to review by the planning and zoning commission and approval by
the city council according to the standards and procedures in section 29-15 (d)(7).
(4) Vision clearance. No requirement.
(5) Floor area.
On-site parking is required for dwelling units in new buildings and buildings
expanded after August 19, 2014. There shall be no parking requirement for new dwelling units
created in buildings or enclosed portions of buildings that are at least fifty (50) years old. There
shall be no parking requirement for buildings or portions of buildings that exist as of August 19,
2014 that are removed and rebuilt, in whole or in part, to restore but not expand the previously
existing building, and there shall be no parking requirement for buildings that have been issued a
building permit prior to August 19, 2014.
(See section 29-30, Off-Street Parking and Loading.)
(7) Tall structure approval. All buildings that exceed one hundred twenty
(120) feet or ten
stories in height shall require council approval. Requests for tall structure approval in district C-2
shall require a petition on a form provided by the director and shall be referred to the planning
and zoning commission for a recommendation and city council consideration of an ordinance
approving the tall structure in the same manner and following the same procedural steps as
described in section 29-33 of this code.
Petitioners shall provide the planning and zoning commission with preliminary building plans
(elevations and representative floor plans), site plan including adjacent streets and alleys, and a
shade study. A "shade study" represents, in graphic form, the shade cast by the tall
adjacent properties and streets, by time of day and by season. An example of adverse impacts
revealed by a shade study would be complete shading of rooftop solar panels mounted on an
adjacent, lower building.
A tall building may be approved by the city council if it satisfies the following criteria:
(i) The height is consistent with adopted city plan recommendations for maximum
height in the specific location;
(ii) The additional height will not impair emergency response to the subject
building or other
places in the immediate vicinity in the opinion of the fire code official and chief of police;
(iii) The additional height will not have an adverse impact on the availability
of air and light to
adjacent buildings and public streets; adequate spacing exists between the proposed building and
openings in the walls of an adjacent building or between the proposed building and rooftop
spaces used as amenities to allow the penetration of sunlight to those openings or rooftop spaces;
(v) The additional height will not create demand on any public utility or
in excess of available capacity, as concluded by an engineering analysis of the projected utility
loads and the existing and planned capacities of infrastructure to accommodate it; and
(vi) Public sidewalks, crosswalks, and streets adjacent to the site are of
sufficient capacity to
handle the anticipated pedestrian and vehicular traffic generated by the tall structure, as
concluded by a traffic impact analysis.
(Code 1964, § 19.163; Ord. No. 9958, § 1, 10-3-83; Ord. No. 11702, § 1, 12-7-87; Ord.
12088, § 1, 12-12-88; Ord. No. 13526, § 1, 12-7-92; Ord. No. 14777, § 1, 3-4-96; Ord.
15134, § 1, 2-3-97;
Ord. No. 15471, § 1, 1-5-98; Ord. No. 16105, § 1, 8-2-99; Ord. No. 17667, §
; Ord. No. 20285, § 1, 6-1-09)