Section 29-16 District C-3, general business district.
Prior to the adoption of Manual on 12/07/1998, 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).
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
(4) A secondary or perimeter fence or wall shall
be constructed around all outside animal
(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.
Motor vehicle or trailer sales and service, provided no dismantling or storage of parts or
inoperable vehicles occurs outside.
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
(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
(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)
(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
(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:
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)
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, 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,
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
(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.
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.
a. Front--Not less than twenty-five
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,
corner lots there shall be a side yard adjacent to the side street of not less than
fifteen (15) feet; and
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
(Code 1964, § 19.164; Ord. No. 9958, § 1, 10-3-83; Ord. No. 11703, § 1, 12-7-87; Ord.
11767, § 2, 2-1-88; Ord. No. 12088, § 2, 12-12-88; Ord. No. 13098, § 1, 9-3-91; Ord.
§ 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