(A)   The purpose of such Districts is to provide, in appropriate and convenient locations, zoning districts of sufficient size for the exchange of goods and services and other business activities.

   (B)   The purpose of the C-1 Local Retail Commercial District is to provide for the need to have convenience goods in close proximity to residential neighborhoods. Typically, the permitted uses allowed in such District tend to meet the daily needs of the residents of the adjacent neighborhoods without generating large volumes of traffic.

   (C)   The purpose of the C-2 General Commercial District is to provide for the need to allow certain commercial uses which either generate relatively high traffic volumes, which require large land areas and/or which may not be permitted elsewhere, in centrally-located areas of the city along major arterial highways, provided they do not interfere with or detract from the city’s residential neighborhoods. Typically, the permitted uses in this District would draw people from a relatively large geographic area and thus would serve a regional rather than just a local market.

   (D)   The purpose of the C-3 Office Space District is to provide areas within the city devoted exclusively to professional services, banking and other similar financial services, and the management of commercial, industrial, public and semipublic institutions.

   (E)   The purpose of the C-6 District is to provide areas within the city for similar uses and requirements as those listed in the C-3 District, with the exception of special area and architectural design stipulations identified in this chapter.

(Ord. 88-137, passed 9-6-1988; Ord. 195-12, passed 1-22-2013)

        (1)   A bank, studio or telephone exchange;

      (2)   A barber shop or a beauty shop;

      (3)   A confectionery, delicatessen or non-drive-through restaurant or ice cream parlor;

      (4)   A dress, wearing apparel or tailor shop;

      (5)   A drug store or variety and dry goods store not to exceed 7,500 square feet;

      (6)   A flower shop, beverage store or gift shop;

      (7)   A grocery, including sales of fruit, vegetables, meat, fish, dairy products or baked goods, not being displayed outdoors, not to exceed 7,500 square feet;

      (8)   A hardware, paint, wallpaper, furniture, household appliance or accessory store;

      (9)   A pressing and dry cleaning shop, except that no person shall perform any dry cleaning, whether of a commercial or private nature, using more than five gallons of low-hazard dry cleaning fluids;

      (10)   A retail store not to exceed 7,500 square feet, excepting that vape shop and vape sales are specifically prohibited;

      (11)   A sales office, job printing shop or newspaper printing shop;

      (12)   A shoe store or shoe repair shop;

      (13)   A child or adult day-care center fully licensed pursuant to law; and

      (14)   Any other business of a similar nature, excepting that vape shop and vape sales are specifically prohibited, approved by the Planning Commission and confirmed by Council in accordance with § 1262.06.

   (B)   Conditionally Permitted Uses. The Planning Commission may issue conditional zoning certificates for the following uses, subject to the general requirements of Chapter 1328 and Chapters 1262 and 1284 :

        (1)   A gasoline service station, car wash or garage for the storage and/or repair of motor vehicles, provided that:

         (a)   Only minor repairs are permitted outside the building and such repairs must be completed within 24 hours;

         (b)   Curb cuts for entrances and exits shall be approved by the Planning Commission;

         (c)   No repairs shall be made to fenders, bodies or frames and no other work shall be done that produces odor, smoke, fumes or noise that cannot be confined to the premises;

         (d)   No pump shall be located less than 20 feet from any pedestrian sidewalk; and

         (e)   The storage of vehicles shall not exceed 30 days.

      (2)   Office buildings other than for those offices permitted in division (A) hereof;

      (3)   Drive-through and fast food restaurants, provided that they are located at least 350 feet away from an abutting residential dwelling or a school, church, synagogue, other place of worship, hospital, nursing home or other fast food establishment, and provided further, that indoor eating facilities must be provided;

      (4)   All changes of occupancies that involves a change in use of the previously run business except those that are specifically permitted; and

      (5)   All massage parlors.

(Ord. 88-137, passed 9-6-1988; Ord. 44-96, passed 6-3-1996; Ord. 195-12, passed 1-22-2013; Ord. 15- 2024, passed 10-21-2024)

      (1)   Stores, services and other use classifications permitted in the Local Retail Commercial District, provided that the maximum permissible area (square footage dimension) for grocery stores and retail stores shall be increased from 7,500 square feet to 20,000 square feet, excepting that vape shop and vape sales are specifically prohibited;

      (2)   Department and variety stores;

      (3)   Amusement and recreational services, such as assembly and meeting halls, billiard halls, bowling alleys, dance halls, indoor theaters, ice and roller skating rinks and other social, athletic, fraternal, sport or recreational establishments, provided they are conducted within an enclosed building and sufficiently sound insulated to confine the noise to the premises;

      (4)   Miniature golf courses;

      (5)   Office buildings;

      (6)   Veterinary clinics; and

      (7)   Any other general business store, shop or service, excepting that vape shop and vape sales are specifically prohibited, not listed in divisions (A)(1) to (A)(6) hereof or in any subsequent use classification and determined as similar by the Planning Commission and Council in accordance with § 1262.06.

   (B)   Conditionally Permitted Uses. The Planning Commission may issue conditional zoning certificates for the following uses, subject to the general requirements of Chapter 1328 and Chapters 1262 and 1284 :

      (1)   Sales, service and storage of bicycles, outdoor garden equipment, boats, campers and trailers, provided such sales, service and storage are conducted wholly within enclosed buildings;

      (2)   Sales, service and storage of new automobiles and other new motor vehicles, and sales, service and storage of used motor vehicles, but only if sold in conjunction with a new motor vehicle sales, service and storage facility, provided the following conditions are met:

         (a)   Firms must certify that they are an authorized franchised car dealer for an auto manufacturer and must have filed with the Bureau of Motor Vehicles a manufacture statement;

         (b)   The front yard is landscaped and maintained attractively;

         (c)   All vehicles and advertising are located behind the minimum front yard setback; and

         (d)   All service work is conducted wholly within enclosed buildings.

      (3)   Nursery stock sales;

      (4)   Drive-through and fast food restaurants, provided that they are located at least 350 feet away from an abutting residential dwelling or a school, church, synagogue, other place of worship, hospital, nursing home or another fast food establishment, and provided further, that indoor eating facilities must be provided;

      (5)   All changes of occupancies that involves a change in use of the previously run business except those that are permitted; and

      (6)   All massage parlors.

(Ord. 88-137, passed 9-6-1988; Ord. 91-94, passed 8-22-1994; Ord. 195-12, passed 1-22-2013; Ord. 15-2024, passed 10-21-2024)

      (1)   Administrative, executive, financial, insurance, governmental and professional offices, banks, saving and loan associations, medical offices, including clinics, and public utility and real estate offices;

      (2)   Sales offices, provided that no goods are distributed or dispensed from the property;

      (3)   A child or adult day-care center fully licensed pursuant to law; and

      (4)   Any other type of office not listed in divisions (A)(1), (A)(2) or (A)(3) hereof and determined to be similar by the Planning Commission and confirmed by Council in accordance with § 1262.06.

   (B)   Conditionally Permitted Uses. All uses listed in division (A) hereof for the C-6 Corridor Conversion District are conditionally permitted uses that must be approved by the Planning Commission.

   (C)   Accessory Uses. Any accessory use which is incidental to the main use shall be permitted, provided it is planned and developed in conjunction with the main building, such as:

      (1)   Off-street parking and loading areas in accordance with Chapter 1284;

      (2)   Pharmacies, which may be included as part of a medical building or clinic;

      (3)   Employee lunch rooms;

      (4)   Maintenance, storage and trash facilities if provided within the main building;

      (5)   Restaurants, provided that they do not exceed 10% of the gross floor area of the buildings, (except in the C-6 Corridor Conversion District); restaurants are not permitted; and

      (6)   Other uses which are developed integrally and are essential to the successful operation of any of the permitted principal uses in division (A) hereof and conditionally permitted in the C-6 Corridor Conversion District.

(Ord. 88-137, passed 9-6-1988; Ord. 44-96, passed 6-3-1996; Ord. 195-12, passed 1-22-2013)

 

 

   (B)   When two or more parcels of land which have different owners are proposed to be developed jointly, any common side and rear yard setback may be reduced when a development plan for all parcels in the joint development is approved by the Planning Commission as a conditional use in accordance with § 1262.06. A zero setback may be considered, in which case two or more buildings on separate parcels, either built simultaneously or at different times, would abut each other. In establishing the reduced setback, the Planning Commission shall consider the impact of any reduction on the arrangement of buildings, parking, site access and circulation, landscaping, property maintenance and the overall quality and marketability of the proposed development. To consider a parcel of land in a joint development, the Planning Commission must have written authorization from each property owner stating that the development proposal on each parcel may be considered as part of the joint development.

   (C)   All main structures located in the C-6 Corridor Conversion District shall have a minimum main floor area (grade level) of 5,000 square feet per building.

   (D)   Any existing residence converted to a commercial office building, financial institution, sales office, or day-care in a C-6 District, must be renovated to eliminate the front facade residential appearance as determined by the Planning Commission. The developer is encouraged to raze any/all existing structures prior to re-development. Any re-use of an existing single-family residential use must have the conversion of the structure and the new use approved as a conditionally permitted use by the Planning Commission.

   (E)   Refer to Special Planning District Zoning § 1283.06 for building design guidelines that apply to C-6 District.

(Ord. 88-137, passed 9-6-1988; Ord. 195-12, passed 1-22-2013; Ord. 39-2021, passed 7-6-2021)

(Ord. 125-90, passed 8-20-1990; Ord. 69-00, passed 5-8-2000; Ord. 195-12, passed 1-22-2013)

   (B)   Access driveways shall not be closer than 60 feet between centerlines. The centerline of a driveway on a corner lot shall not be closer than 75 feet to the intersection right-of-way line. This width of driveways shall conform to the schedule set forth in § 1276.06.

(Ord. 88-137, passed 9-6-1988; Ord. 69-00, passed 5-8-2000; Ord. 16-10, passed 2-1-2010; Ord. 195-12, passed 1-22-2013)

   (A)   Conformity to Site Plan. All buildings and grounds shall be designed, constructed and maintained as approved in the site development plan. All landscaping, sidewalks, pedestrian plazas, parking areas and building exteriors shall be maintained free of any unsafe, unsightly or blighting conditions which deteriorate the appearance, character, safety or value of the city or surrounding area.

   (B)   Outdoor Storage. All outdoor storage, including refuse, shall be screened from view from the street and from all adjacent properties.

   (C)   Outdoor Sales. Outdoor sales shall not be permitted.

   (D)   Landscaped Strip. All commercial sites shall maintain a 20-foot landscaped strip adjacent to the street right-of-way lines and a five-foot landscaped strip adjacent to all side and rear lot lines, except as permitted under § 1276.06 (B).

   (E)   Screening and Buffering Next to Residential Districts. All side and rear yards adjoining residential districts shall be planted with a screen of evergreen and deciduous trees or shrubs to create a year-round visual barrier. Where deemed necessary, the Planning Commission may require other planting and/or earth mounds or fences to supplement the landscaping requirements for commercial sites that adjoin residential districts.

   (F)   Minimum Landscaped Areas. A minimum of 20% of the total land area shall be landscaped. The area required to be landscaped shall be placed within six months from the date of issuance of a certificate of occupancy, and thereafter such landscaped area shall be reasonably maintained with permanent plants and materials. All landscaping plans shall be reviewed and subject to final approval by the Planning Commissions.

   (G)   Utilities. All utilities serving the buildings and site, including electric and telephone and all supporting equipment thereto, including meters, transformers, and the like, shall be placed underground or within the main building. Where meters, transformers or other equipment cannot be located within the main building, no such equipment shall be visible from any front, side or rear lot line.

   (H)   Off-Street Parking. All off-street parking areas, including parking garages, shall be designed and constructed so as to provide safe, efficient and visually appealing parking facilities. Entrances, aisles and spaces shall be clearly controlled, marked, channeled and separated. Ends of aisles and drives shall be controlled with concrete curbs and landscape islands.

   (I)   Pedestrian Access. Pedestrian access from the parking area to the building entrance shall be provided and accessible per ADA guidelines.

   (J)   Usage. Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, in the C-1, C-2, C-3 and C-6 Districts, only for the main or accessory uses set forth in the schedules and regulations of this chapter for the respective district in which the building and land are located.

   (K)   Conversion. A building designed and constructed as a residence cannot be occupied, in whole or in part, by another use, unless the entire building is redesigned or reconstructed to express and serve the proposed use in regard to the exterior design, the building plan and the site plan, and must be made to conform to all requirements of the Building Code and this Zoning Code regarding commercial structures. Refer to § 1276.08 (B) for C-6 District.

    (L)   Corner Lots. On a corner lot or other parcel where a side lot line or rear lot line is along a public street, a side or rear yard of not less than 50 feet shall be provided.

    (M)   Lighting. Floodlighting or other lighting of buildings, signs and parking areas shall be located and designed so as to shield the light source from adjoining residences and shall be of a constant intensity. In addition, in no event shall any lighting be placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public thoroughfare so as to cause glare or reflection that may constitute a traffic hazard or nuisance.

   (N)   Location of Entrances and Exits. Entrances and exits shall be located to minimize traffic congestion and avoid undue interference with pedestrian access to street corners. There shall not be more than two access ways from any one property to a public highway for 400 feet of street frontage, nor more than one access way if the frontage is less than 150 feet. There shall be no entrances or exits within 60 feet of any residential district. If the property frontages are on two or more streets, the driveways shall be located as far from the street intersection as practicable, and no driveway shall be located within 75 feet of street intersections as measured from the right-of-way line. Access ways shall be not less than 18 feet nor more than 36 feet in width at the property line. Access lanes shall be provided as deemed necessary for fire and emergency vehicles.

   (O)   Adult Entertainment Businesses. Notwithstanding anything contained in this chapter to the contrary, no person shall cause or permit the establishment of an adult entertainment business within one mile of a public or private school, preschool or day-care center, or within 1,000 feet of any residential zoning district, residential dwelling, church or park, nor within 1,000 feet of the C-6 Corridor Conversion District. For purposes of this division, distances shall be measured in a straight line without regard to intervening structures or objects, from the nearest portion of the building within which the adult entertainment business is located to the nearest residential district boundary lines, or to the nearest property lines of the premises of a public or private school, preschool or day-care center or residential zone, residential dwelling, church or park.

(Ord. 88-137, passed 9-6-1988; Ord. 29-93, passed 6-7-1993; Ord. 125-98, passed 7-27-1998; Ord. 69-00, passed 5-8-2000; Ord. 137-12, passed 9-17-2012; Ord. 195-12, passed 1-22-2013)

   (B)   Submission and Content. The overall site plan shall be submitted to the Planning Commission for its review and recommendation to Council for its final approval. The site development plan shall be drawn to a scale of not less than one inch equals 100 feet and shall include the following items:

      (1)   Survey. A survey of the property and topography, showing the land owned and proposed for development;

      (2)   Buildings. The locations, size, height and use of all main and accessory buildings;

      (3)   Traffic. The proposed system of circulation of vehicular traffic, including delivery trucks; details for connections to present streets; type of pavements; estimates of traffic volumes; and plans for control of traffic in and around the commercial site;

      (4)   Utilities. The plans for all utility installations and connections and estimated requirements;

      (5)   Parking Areas. A layout and estimate of the number of spaces, design features, type of pavement and location and type of lighting fixtures;

      (6)   Miscellaneous. Other site developments, including pedestrian walkways, grading and drainage, and designs of landscaped yards, planting areas and strips adjoining residential areas;

      (7)   Signs. The size, location and nature of outdoor signs, approved by the Planning Commission; and

      (8)   Improvements. The grading, drainage and site improvements, approved by the City Engineer prior to final approval by the Planning Commission. The construction of all site improvements shall be inspected by the City Engineer. All of the costs for reviews, approvals and inspections shall be paid for by the developer.

   (C)   Approval.

      (1)   If the site development plan is not acceptable to both the Planning Commission and Council, based upon the requirements and intent of this section, a revised site development plan may be submitted.

      (2)   Only when final or revised final plans are acceptable to Council, having first received the recommendation of the Planning Commission, shall final approval be given. If the Planning Commission recommends that said final or revised final plans should not be accepted by Council, said plans shall only be approved upon the concurrence of at least two-thirds of the members of Council.

   (D)   Changes to Plan. At any time after the approval of a site development plan, the owner may request a change, which request shall be subject to the same procedures and conditions of approval as the original application.

   (E)   Building and Occupancy Permits.

      (1)   No building permit for the improvement of a parcel or portion thereof, or for the erection of any building, shall be issued for any building or structure in a business district unless and until a site development plan has been approved by the Planning Commission and Council in accordance with this section. If and when any proposed site development plan has been approved, the Building Commissioner shall then issue the necessary building and other permits upon payment of the required fees and compliance with applicable codes.

      (2)   An occupancy permit shall be issued by the Building Commissioner, provided that the use, placement and dimensions of all buildings, exterior lighting fixtures, driveways, sidewalks, parking areas and curb cuts, and the installation of landscaping, fences and walks, conform to the site development plan approved by both the Planning Commission and Council.

   (F)   Time Limitation for Construction. The development of the development area shall commence as provided in § 1448.09 of the Building and Housing Code.

(Ord. 88-137, passed 9-6-1988; Ord. 92-97, passed 6-23-1997; Ord. 69-00, passed 5-8-2000; Ord. 137-12, passed 9-17-2012; Ord. 195-12, passed 1-22-2013)

(Ord. 88-137, passed 9-6-1988; Ord. 195-12, passed 1-22-2013)

(Ord. 88-137, passed 9-6-1988; Ord. 195-12, passed 1-22-2013)