Berne City Zoning Code

   The following regulations shall apply in the C-1 Neighborhood Commercial, C-2 Rural Commercial, and C-3 General Commercial zones.

(Ord. 466, § 2-9-1, passed 5-11-98)

   (A)   Purpose. The C-1 Neighborhood Commercial zone is intended to accommodate those retail and service facilities that are considered to be essential functions of residential neighborhoods.

(Ord. 466, § 2-9-2, passed 5-11-98)

   (B)   Permitted uses.

      (1)   Any conforming use permitted in the R-2 Multiple-Family zone.

      (2)   The following uses or uses of similar type, provided that they are conducted wholly within a building, except for off-street loading of delivery vehicles which are incidental thereto as required in § 152.092, and are 10,000 feet or less:

         (a)   Bank.

         (b)   Barber shop or beauty parlor.

         (c)   Book or stationery store.

         (d)   Club, lodge (nonprofit) or fraternal association.

         (e)   Confectionery store.

         (f)   Department, furniture or radio store.

         (g)   Drug store.

         (h)   Florist or gift shop.

         (i)   Grocery, fruit or vegetable store.

         (j)   Hardware or electric appliance store.

         (k)   Jewelry store.

         (l)   Medical or dental clinic or laboratory.

         (m)   Meat market or delicatessen.

         (n)   Music store or newsstand.

         (o)   Office, business or professional.

         (p)   Photographer.

         (q)   Restaurant, tea room or care (excluding drive-ins).

         (r)   Shoe store or shoe repair shop.

         (s)   Sign-painting shop.

         (t)   Small equipment or appliance repair.

         (u)   Tailor, clothing or wearing apparel store.

         (v)   Theater other than drive-in.

         (w)   Tire store.

         (x)   Variety store.

         (y)   Other retail business and service establishments, not specifically referred to in this chapter, selling new merchandise exclusively.

      (3)   Small retail shopping centers with no more than five stores totaling 50,000 square feet or less with a maximum square feet of any one store being 35,000 square feet. Establishments within center shall be restricted to those listed in division (2) above.

      (4)   Automobile service station. Automobile service stations shall be permitted in accordance with all rules and regulations of the State Fire Marshall regulating the use, handling, storage and sale of flammable liquids. Provided, any activities for any tire repair, battery charge, and storing of merchandise or supplies shall be conducted wholly within a building. Development plans for the erection or structural alteration of an automobile service station shall be approved by the Plan Commission. The Plan Commission may require change therein in relation to yards, location of pumps and buildings and the construction of buildings as it may deem best suited to insure safety, minimize traffic difficulties and to safeguard adjacent properties.

      (5)   Advertising devices shall be permitted, provided that they are erected in accordance with the provisions of § 152.172.

      (6)   Uses customarily incidental to any of the above uses and accessory buildings shall be permitted when located on the same lot.

      (7)   Off-street parking areas in accordance with § 152.090.

(Ord. 466, § 2-9-3, passed 5-11-98) Penalty, see § 152.999

   (A)   Purpose. The C-2 Rural Commercial zone is intended to accommodate those retail and service facilities that are considered to be essential functions of rural or agricultural areas. (Ord. 466, § 2-9-4, passed 5-11-98)

   (B)   Permitted uses.

      (1)   Any use permitted in a C-1 zone, provided that C-1 uses shall be subject to the same regulations as specifically set forth in the C-2 zone.

      (2)   The following uses or uses of a similar type pertinent to farm commodities, provided where they are within 150 feet of an R zone, they shall be conducted wholly within the building or within an area screened on all sides by a masonry wall, compact evergreen planting or uniformly painted wood fence (not less than six feet in height) which shall be maintained between the use and adjoining R zone or use:

         (a)   Agricultural implements, motor vehicle or trailer sales or repair.

         (b)   Building material sales yard, including the sale of lumber (where no millwork is provided), rock, sand and gravel, but excluding concrete and asphaltic concrete mixing.

         (c)   Farm equipment storage yard or equipment rental establishment.

         (d)   Feed sales.

         (e)   Wholesale florist, greenhouse.

         (f)   Poultry or rabbit killing incidental to retail sales on the premises.

         (g)   Underground bulk storage and fuel oil, liquefied petroleum gas and gasoline in amounts not to exceed 50,000-gallon capacity.

      (3)   The following uses or uses of a similar type not pertinent to farm commodities, provided they meet the requirements indicated in § 152.063(B)(2), shall be permitted:

         (a)   Auction hall, amusement enterprise, including billiard or pool hall, bowling alley, boxing arena, dance hall, games of skill or science, penny arcade, shooting gallery, and the like, if the nearest point of the structure is not less than 200 feet from any R zone.

         (b)   Drive-in business where persons are served in automobiles from a refreshment stand, restaurant, food store and the like, provided the area is screened by a masonry wall, compact evergreen planting or uniformly painted wood fence not less than six feet in height which is erected and maintained between the use and any adjoining R zone or residential development.

         (c)   Drive-in movie.

         (d)   Driving tees or ranges.

         (e)   Funeral parlor.

         (f)   Laundry or dry cleaning establishment, including auto-laundry.

         (g)   Hotel or motel.

         (h)   Printing shop.

         (i)   Pet shop.

         (j)   Greenhouses and nurseries.

(Ord. 466, § 2-9-5, passed 5-11-98) Penalty, see § 152.999

   (A)   Purpose. The C-3 General Commercial zone is intended to accommodate those retail and service facilities that are convenient and attractive for a wide range of retail uses and businesses and which provide a setting conducive to and safe for pedestrian traffic. (Ord. 466, § 2-9-6, passed 5-11-98)

   (B)   Permitted uses.

      (1)   Any use permitted in the C-2 zone, provided that C-2 uses shall be subject to the same regulations, except those regarding maximum height, as specifically set forth in the C-2 zone.

      (2)   The following uses or uses of similar type provided that where they are within 150 feet of a more restrictive zone (F, A or R zone) they shall be conducted wholly within a building, except for off-street loading of delivery vehicles which are incidental thereto as required in § 152.092.

         (a)   Art or antique shop.

         (b)   Carpenter, cabinet, plumbing or sheet metal fabricating shops, but excluding manufacture.

         (c)   Pawnshop.

         (d)   Rescue or temporary revival mission.

         (e)   Second-hand store.

         (f)   Trade or business school or private school operated as commercial enterprise.

         (g)   Home furniture upholstering shop.

         (h)   Wholesale merchandise storage.

      (3)   The following uses or uses of a similar type, provided that where they are within 150 feet of a lot in a more restricted zone, they shall be conducted wholly within a building or within an area enclosed on all sides with a solid wall, compact evergreen screen or uniformly painted board fence, not less than six feet in height, except that in required setback areas the height shall be four feet.

         (a)   Building material sales yard, including the sale of lumber, rock, sand and gravel but excluding concrete and asphaltic concrete mixing.

         (b)   Contractor's equipment storage yard or plant or rental of equipment commonly used by contractors.

         (c)   Draying, freighting or trucking yard or terminal.

         (d)   Feed or fuel yard.

(Ord. 466, § 2-9-7, passed 5-11-98) Penalty, see § 152.999