Prior to the adoption of Ord. 15828 on 12/10/1998, 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 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.

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 )