Prior to the adoption of Ord. 16105 on 08/02/1999, Section 29-16 read as follows.


    (a) Purpose. This district is intended to allow for a broad range of commercial activities that may often be oriented toward automobile access and visibility. The principal land uses are sales and service activities.

    (b) Permitted Uses. In district C-3, 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-2 except that dwelling units shall be subject to section 29-8(d).

Bowling alleys.

Car washes.

Commercial greenhouses and plant nurseries.

Commercial parking for automobiles and light trucks.

Commercial swimming pools.

Farm machinery sales and service, provided no repair facilities shall be maintained or used outside the building.

Hospitals, medical or dental clinics, sanitariums, and medical laboratories.

Kennels for the boarding of animals, subject to the following conditions:

    (1)    The minimum site size shall be two (2) acres.

    (2)    The maximum density shall be fifty (50) animals, cared for at full capacity, per acre.

    (3)    Any outside animal run structure, pen or enclosure shall be fully fenced (including overhead).

     (4)    A secondary or perimeter fence or wall shall be constructed around all outside animal runs.

    (5)    The minimum yard, when the facility abuts residential uses and/or zoning, shall be one hundred (100) feet to an unvoided wall or two hundred (200) feet to outside animal runs.

Miniature golf courses or driving ranges.

Mortuaries, which may include a crematory.

Motels.

Motor vehicle or trailer sales and service, provided no dismantling or storage of parts or inoperable vehicles occurs outside.

Rental services.

    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.

Customary accessory uses, including drive-up facilities, subject to the provisions of section 29-23.

Any retail or wholesale 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-3 only after the issuance of a conditional use permit pursuant to the provisions of section 29-23:

Drive-in theaters.

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.

    Live adult entertainment businesses, subject to the following:

(1) Such uses shall not be located within seven hundred fifty (750) feet of any church, mosque, synagogue, school, college, university, park, athletic field, recreational facility for children, residence or  residentially zoned district.  Such uses shall not be located within one thousand (1,000) feet of any other live adult entertainment business.  Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the live adult entertainment business to the nearest point on the property line of such church, mosque, synagogue, school, college, university, park, athletic field, recreational facility for children, residence, residentially zoned district or other live adult entertainment business.

(2) Notwithstanding any provision in chapter 23 to the contrary, a live adult entertainment business shall have no more than one (1) on-premise sign which shall be a wall sign approved by the board of adjustment as part of the conditional use permit.  The surface area of the sign shall not exceed ten percent (10%) of the area of the wall to which it is attached. The sign shall not be a neon or similar sign.  The sign may be illuminated but shall not be a flashing sign.  The sign shall not depict any portion of the human anatomy.

(3) No sign shall be placed in any window.

(4) No flashing lights or colored lights or string of lights shall be placed on the outside of the building or on the inside of the building so that the lights can be viewed from outside the building.

(5) The premises of all live adult entertainment businesses shall be constructed to include a partition or other physical barrier on all customer entrances, that will ensure that the interior of the business is not observable from the exterior of the building.  In addition, all windows will be covered to prevent viewing of the interior of the building from the outside and all doorways not constructed with a partition or other physical barrier shall be covered so as to prevent observation of the interior of the premises from the exterior of the building.  No live adult entertainment business shall be conducted in a manner that permits the observation of live entertainers, servers or employees from the exterior of the building.

(6) On-premise advertisement, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from the exterior of the building.

(7) Notwithstanding the provisions of section 29-30(g), required off-street parking for a live adult entertainment business shall be located on the premises of the business.

Machine shops.

Plumbing, heating, air conditioning, and electrical businesses, which may include related customary activities such as contracting, retail and wholesale sales and distribution.

    (d) Height and Area Regulations. In district C-3 any building or portion of a building 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.

        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 rear lot line 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-3 district abuts any residential district, there shall be a side yard of not less than ten (10) feet.

    (3)    Building height. Not over forty-five (45) feet, except that the height may exceed forty-five (45) feet provided that for each additional foot of height, one additional foot of setback shall be provided for all yards.

    (4)    Vision clearance. 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, § 19.164; Ord. No. 9958, § 1, 10-3-83; Ord. No. 11703, § 1, 12-7-87; Ord. No. 11767, § 2, 2-1-88; Ord. No. 12088, § 2, 12-12-88; Ord. No. 13098, § 1, 9-3-91; 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. 15471, § 1, 1-5-98; Ord. No. 15828, § 2, 12-7-98 )