(a)

Permitted Uses. Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the districts indicated under the conditions specified. No building or zoning lot shall be devoted to any use other than a use permitted or hereinafter in the zoning district in which such building or zoning lot shall be located, with the exception of the following:

(1)

Uses lawfully established on the effective date of the ordinance from which this Chapter is derived; and

(2)

Conditional uses allowed in accordance with the provisions of subsection (b).

Uses already established on the effective date of the ordinance from which this Chapter is derived, and rendered nonconforming by the provisions thereof, shall be subject to the regulations of Article V.

(b)

Conditional Uses. Conditional uses as hereinafter listed, may be allowed in the zoning districts indicated, subject to the issuance of conditional use permits in accordance with the provisions of Section 22.26.

(c)

Lot Size Requirements. Lot size requirements shall be as set forth under each zoning district.

(1)

No use shall be established or hereafter maintained on a lot recorded after the effective date of the ordinance from which this Chapter is derived which is of less area than prescribed hereinafter for such use in the zoning district in which it is to be located.

(2)

No existing building or dwelling unit shall be converted so as to conflict with, or further conflict with, the lot size requirements of the district in which such building is located.

(d)

Yard Requirements.

(1)

Yard requirements shall be as set forth under each zoning district in Division 2 of this Article for all buildings, structures, and uses, except as may be established by City Council and reflected on the zoning map.

(2)

Fuel and food dispensing devices with a height of not over six feet shall be exempt from the front yard or corner side yard requirements established by this Chapter, but all such dispensing devices shall be set back from the front lot line and the corner side lot line a distance of not less than fifteen (15) feet.

(3)

All required yards shall be unobstructed from the ground level to the sky. All accessory buildings when attached to principal buildings shall comply with the yard requirements of the principal buildings.

(e)

Building Height or Floor Area Ratio. The requirements established under each zoning district in Division 2 of this Article shall determine the maximum building height or floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.

(f)

Signs. Signs shall be allowed in office and commercial districts in accordance with the regulations contained within this Chapter as well as those established in Article XI or elsewhere in this Code.

(g)

Off-Street Parking and Loading. Off-street parking and loading facilities, accessory to uses allowed in commercial districts, shall be provided in accordance with the regulations established in Article X.

(h)

Unenclosed Storage. Any unenclosed storage, including maintenance of trash containers shall be visually screened from any adjacent residential district in a manner acceptable to the Zoning Administrator.

(i)

Open Yards. All open yards located on property within any office or commercial district shall be either paved in accordance with City standards and specifications or shall be adequately sodded and landscaped in a manner acceptable to the Zoning Administrator.

The CI district is designed to accommodate civic and governmental structures, and educational and institutional buildings in a mutually compatible environment in agreement with the comprehensive plan. The purpose of this district is to protect and enhance existing concentrations of such structures.

(a)

Permitted Uses. The following uses are permitted in the CI District:

(Numbers within parentheses ( ) indicate parking class of each permitted or conditional use. For specific parking requirements, see subsection 22.242(b).)

(1)

Cultural and civic institutions, as follows:

(A)

Public libraries, museums and art galleries (07).

(B)

Government administration buildings (08).

(C)

Municipal parking garages or structures.

(D)

Municipal parking lots for the storage of private passenger automobiles.

(2)

Educational institutions as follows:

(A)

Elementary and junior high schools (13).

(B)

High schools (21).

(C)

Colleges and universities (25).

(D)

Boarding schools: elementary and junior and senior high schools (13).

(3)

Philanthropic and charitable uses (07).

(4)

Recreational and social facilities as follows:

(A)

Parks and playgrounds (17).

(B)

Recreational buildings and community centers noncommercial (08).

(5)

Religious institutions as follows:

(A)

Religious assembly (22).

(B)

Convents, seminaries, and monasteries (06).

(C)

Rectories, parsonages, and parish houses (06).

(D)

Religious retreats (06).

(6)

Accessory uses incidental to the principal use. Such incidental accessory uses may include but are not limited to dormitories accessory to a permitted college or university, cafeterias, day care centers and pre-schools, restaurants, gift shops, flower shops, snack bars, and cash stations (no drive-through) conducted for the convenience of the employees, patrons or visitors. All exterior signs related to said uses shall conform to the applicable sign regulations.

(7)

Parking lots and parking garages or structures as an accessory use for uses permitted within the CI district.

(b)

Conditional Uses. The following conditional uses may be allowed in the CI district, subject to the provisions of Section 22.26.

(1)

Cemetery.

(2)

Parking lots and garages other than accessory—For the storage of private passenger automobiles (30).

(3)

Post offices (08).

(4)

Communications towers (13).

(c)

Lot Size Requirements.

(1)

Permitted Uses. Each permitted use shall be located on a lot with a minimum area of fourteen thousand (14,000) square feet and a minimum frontage of one hundred (100) feet.

(2)

Conditional Uses.

(d)

Yard Requirements.

* Plus one-foot for each three feet by which the building height exceeds fifteen (15) feet.

Accessory Uses. Yard requirements for accessory buildings shall be the same as required for the principal buildings.

(e)

Maximum Floor Area Ratio.

(1)

Permitted Uses.

(2)

Conditional Uses.

** Absolute building height may exceed four stories or forty-five (45) feet by conditional use only, and in no event shall building height be greater than six stories or seventy-five (75) feet.

(3)

Accessory Uses. In the CI district, the floor area of the accessory buildings shall be included in the total allowable floor area permitted on the zoning lot; however, any floor devoted to off-street parking or loading facilities shall be exempt from floor area ratio requirements.

(Ord. No. ZO-11-2017, § 5, 8-21-2017; Ord. No. ZO-11-2017, § 5, 8-21-2017; Ord. No. ZO-18-2019, § 3A, 5-20-19)

The O1 office district is intended to provide locations for business and professional offices and related uses in relative proximity to residential districts. This district may serve as a reasonable transition between commercial districts and neighborhood residential areas.

(a)

Permitted Uses. The following uses are permitted in the O1 district:

(Numbers within parentheses ( ) indicate parking class of each permitted or conditional use. For specific parking requirements, see subsection 22.242(b).)

(1)

Offices, business and professional (09)

(2)

Clinics, medical or dental (09)

(3)

Accessory uses incidental to and or the same zoning lot as the principal use

(b)

Conditional Uses. The following conditional uses may be allowed in the O1 district, subject to the provisions of Section 22.26.

(1)

Art, sculptor, and composer studios with minimum lot area of twenty thousand (20,000) square feet (08).

(2)

Assisted living establishment (30).

(3)

Blueprinting, photostating and copying services (08).

(4)

Child day care centers and pre-schools (13).

(5)

Continuing care retirement community (30).

(6)

Contractors, architects and engineers offices with shops with a minimum lot area of twenty thousand (20,000) square feet (29).

(7)

Glass products production with ancillary sales with a minimum lot area of twenty thousand (20,000) square feet (27).

(8)

Nursing home (30).

(9)

Office supply and office equipment stores (09).

(10)

Pharmacies (09).

(11)

Residential uses (1 or 2).

(12)

Senior citizen housing (independent living facility) (30).

(13)

Accessory uses incidental to an on the same zoning lot as the principal use.

(14)

Religious assembly (22).

(c)

Lot Size Requirements. No permitted or conditional use shall be located on a lot containing less than seven thousand two hundred sixty (7,260) square feet of area, and the minimum lot frontage shall be fifty (50) feet. No building, together with its accessory structure, shall occupy in excess of forty (40) percent of the area of the lot upon which it is constructed.

(d)

Yard Requirements.

** Plus one-foot for each two feet by which the building height exceeds twenty-five (25) feet.

Accessory Uses. Yard requirements for accessory holding shall be the same as required for principal buildings.

(e)

Floor Area Ratio/Building Height. In the O1 district, floor area ratio shall not exceed 1.0.

No building or structure hereafter erected or structurally altered shall exceed three stories nor thirty-five (35) feet in height; however, on lots of more than one-acre in area, buildings of not more than five stories may be erected or altered provided they do not exceed fifty-five (55) feet in height.

(Ord. No. ZO-18-2019, § 3B, 5-20-19)

(a)

The local shopping district is intended to provide convenience shopping for persons residing in adjacent residential areas, and to permit only such uses as are necessary to satisfy those basic shopping needs which occur daily or frequently and so require shopping facilities in relative proximity to places of residence.

Uses allowed in the C1 district are subject to the following conditions:

(1)

Dwelling units are not permitted below the second floor.

(2)

All business establishments shall be retail or service establishments dealing directly with customers and/or clients. All goods produced on the premises shall be sold at retail on the premises where produced.

(3)

All business, servicing, or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings.

(4)

Establishments of the "drive-through" or "drive-in" type, offering products or services to customers who remain in motor vehicles, are allowed only by conditional use permit.

(5)

The parking of trucks as an accessory use, when used in the conduct of a permitted business listed hereafter in this section shall be limited to vehicles of not over one and one-half tons capacity when located within seventy-five (75) feet of a residence district boundary line. Any parking of trucks on land adjacent to residential property shall be screened therefrom by a wall or fence, and densely planted compact hedge, not less than five nor more than eight feet in height. Ground coverage of such hedge(s) shall be not less than fifty (50) percent.

(b)

Permitted Uses. Motor vehicle parking shall be in accordance with subsection 22.242(a)(2).

The following uses are permitted in the C1 district:

(1)

Adult day center.

(2)

Air conditioning, refrigeration and heating shops.

(3)

Antique shops.

(4)

Art and school supply stores.

(5)

Art galleries (not including auction rooms).

(6)

Art, sculptor and composer studios.

(7)

Automobile accessory stores.

(8)

Bakeries, retail.

(9)

Banks and financial institutions.

(10)

Barber shops.

(11)

Beauty shops.

(12)

Bicycle sales, rental and repair shops.

(13)

Blueprinting, photostating and copying services.

(14)

Book and stationery stores.

(15)

Brewpubs.

(16)

Business machine sales and service.

(17)

Camera and photographic supply stores.

(18)

Candy and ice cream stores.

(19)

Catering establishments.

(20)

China and glassware stores.

(21)

Clothing and costume rental stores.

(22)

Coin and philatelic stores.

(23)

Confectionery stores.

(24)

Currency exchange.

(25)

Custom dress making.

(26)

Diaper services.

(27)

Drug stores/pharmacies.

(28)

Dry cleaning and/or laundry facilities.

(29)

Dry good stores.

(30)

Dwelling units, above ground floor.

(31)

Employment agencies.

(32)

Florist shops.

(33)

Food-grocery stores, meat-fish markets, dairy prod-beverage stores, delis.

(34)

Funeral home.

(35)

Gift and card curio, and stationery shops.

(36)

Glass shop.

(37)

Hardware stores.

(38)

Hearing aid stores.

(39)

Heating and plumbing/sales and service.

(40)

Hobby and craft stores.

(41)

Home furnishings stores.

(42)

Household appliance/electrical appliance stores.

(43)

Interior decorating shops.

(44)

Jewelry stores, including watch repair.

(45)

Launderettes, automatic, self-service only or hand laundries.

(46)

Leather goods/luggage stores.

(47)

Locksmith shops.

(48)

Machine sales office.

(49)

Mail order/catalog store.

(50)

Medical and dental clinics and related laboratory facilities.

(51)

Millinery shops.

(52)

Municipal parking garages or structures.

(53)

Municipal parking lots for the storage of private passenger automobiles.

(54)

Musical instrument sales and service.

(55)

Newspaper distribution agencies for home delivery and retail trade.

(56)

Office—Business and professional.

(57)

Office supply and office equipment stores.

(58)

Optical products, sales and service.

(59)

Orthopedic and medical appliance stores.

(60)

Package liquor and party supply stores.

(61)

Painting and decorating stores.

(62)

Party supply stores.

(63)

Pet shops.

(64)

Phonograph record and cassette stores, including sale of compact discs, sheet music.

(65)

Photography including development of film when conducted as part of the retail business.

(66)

Physical therapy, speech therapy and related facilities.

(67)

Picture framing store and art gallery.

(68)

Plumbing showrooms and shops.

(69)

Post office and express mail agencies.

(70)

Printing shops.

(71)

Radio and television sales and repair.

(72)

Real estate office.

(73)

Recording and sound studios.

(74)

Religious assembly.

(75)

Restaurants, excluding entertainment and dancing.

(76)

Restaurants—Carry out with no food consumed on premises.

(77)

Schools—Music, dance, martial arts and other cultural events.

(78)

Secondhand stores and rummage shops.

(79)

Sewing machine sales and service.

(80)

Shoe stores.

(81)

Shoe, clothing and hat repair stores.

(82)

Small animal grooming establishment.

(83)

Sporting goods stores.

(84)

Tailor shops.

(85)

Taxidermists.

(86)

Telegraph office.

(87)

Telephone answering service.

(88)

Telephone exchange and equipment building.

(89)

Ticket agencies/amusements and sports.

(90)

Tobacco shops.

(91)

Toy shops.

(92)

Travel bureaus and transportation ticket offices.

(93)

Variety stores.

(94)

Veterinarians and animal hospitals (excluding outdoor kennels).

(95)

Video cassette sales and rental.

(96)

Wearing apparel shops.

(97)

Accessory uses, incidental to and on the same zoning lot as the principal use.

(c)

Conditional Uses. The following conditional uses may be allowed in the C1 district, subject to the provisions of Section 22.26. Motor vehicle parking shall be in accordance with subsection 22.242(a)(2).

(1)

Automobile detail shops (excluding junk yards).

(2)

Automobile service center, express.

(3)

Automobile service stations (excluding junk yards).

(4)

Battery and tire shops/sales and service.

(5)

Car washes.

(6)

Day care centers and pre-schools.

(7)

Drive-in establishments.

(8)

Masseur/masseuse services (in accordance with the provisions of Title 18).

(9)

Microbreweries, microdistilleries,
microwineries.

(10)

Parking garages or structures, other than accessory.

(11)

Parking lots, open and other than accessory, for the storage of private passenger automobiles.

(12)

Parks.

(13)

Planned developments.

(14)

Public libraries, museums and art galleries.

(15)

Public utility and service uses.

(16)

Pylon signs, subject to the regulations set forth in Section 22.255.

(17)

Restaurants, including entertainment and dancing.

(18)

Seasonal or temporary uses, consistent with the character of the district and in conformance with all pertinent requirements of this Code.

(19)

Senior citizen housing (independent living facility).

(20)

Taverns and cocktail lounges.

(21)

Accessory uses, incidental to, and on the same zoning lot as a principal use.

(d)

Lot Size Requirements. In the C1 district there shall be provided not less than two thousand nine hundred (2,900) square feet of lot area for each dwelling unit on a lot. Planned developments shall have a minimum lot area of forty thousand (40,000) square feet.

(e)

Yard Requirements.

(1)

Front and Corner Side Yards. No front setback shall be required.

(2)

Interior Side Yard. No interior side yard is required, but if one is provided it shall be not less than five feet wide.

(3)

Rear Yard. No rear yard shall be required.

(4)

Transitional Yard. No building or structure in the C1 district shall be located within sixteen (16) feet of a residence district boundary line, unless such building or structure is effectively screened from such residence district property by a wall or fence, and/or densely-planted compact hedge, as approved by the City Forester, not less than five feet nor more than eight feet in height. The Zoning Administrator may waive this requirement if the structure, use, or building is already effectively screened by natural topography or existing screening comparable to the types mentioned.

(f)

Floor Area Ratio/Building Height. In the C1 district, floor area ratio shall not exceed 2.0.

No building or structure hereafter erected or structurally altered shall exceed three stories nor thirty-five (35) feet in height.

(Ord. No. ZO-07-2015, § 2, 8-3-2015; Ord. No. ZO-18-2019, § 3C, 5-20-19)

(a)

The C2 community shopping and service district is designed to provide for the needs of a much larger consumer population than is served by the local shopping district; thus a wider range of uses and structure sizes is permitted for both daily and occasional shopping. This district is generally located astride major commercial arterials.

Uses allowed in the C2 district are subject to the following conditions:

(1)

Dwelling units are not permitted below the second floor.

(2)

All business establishments shall be retail or service establishments dealing directly with customers and/or clients. All goods produced on the premises shall be sold at retail on the premises where produced.

(3)

All business, servicing, or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings.

(4)

Establishments of the "drive-through" or "drive-in" type, offering products or services to customers who remain in motor vehicles, are allowed only by conditional use permit.

(5)

The unenclosed parking of trucks as an accessory use, when used in the conduct of a permitted business listed hereafter in this section shall be limited to vehicles of not over one and one-half tons capacity when located within seventy-five (75) feet of a residence district boundary line. Any parking of trucks on land adjacent to residential property shall be screened therefrom by a wall or fence, and densely planted compact hedge, not less than five nor more than eight feet in height; such planting to be as approved by the City Forester. Ground coverage of such hedge(s) shall be not less than fifty (50) percent.

(b)

Permitted Uses. The following uses are permitted in the C2 district:

(Numbers within parentheses ( ) indicate parking class of each permitted or conditional use. For specific parking requirements, see subsection 22.242(b).)

(1)

Adult day center (08).

(2)

Air conditioning, refrigeration and heating shops (29).

(3)

Antique shops (09).

(4)

Art and school supply stores (09).

(5)

Art galleries (not including auction rooms) (08).

(6)

Art, sculptor and composer studios (08).

(7)

Automobile accessory stores (09).

(8)

Bakeries, retail (09).

(9)

Banks and financial institutions (09).

(10)

Barber shops (09).

(11)

Beauty shops (09).

(12)

Bicycle sales, rental and repair shops (09).

(13)

Blueprinting, photostating and copying services (08).

(14)

Book and stationery stores (09).

(15)

Brewpubs (11).

(16)

Business machine sales and service (08).

(17)

Camera and photographic supply stores (09).

(18)

Candy and ice cream stores (09).

(19)

Carpet, rug, linoleum, tile, wall and floor covering/sales and service (08).

(20)

Catering establishments (08).

(21)

China and glassware stores (09).

(22)

Clothing and costume rental stores (08).

(23)

Coin and philatelic stores (08).

(24)

Confectionery stores (09).

(25)

Currency exchange (09).

(26)

Custom dress making (08).

(27)

Day care centers and pre-schools (13).

(28)

Department stores (09).

(29)

Diaper services (09).

(30)

Drug stores/pharmacies (09).

(31)

Dry cleaning and/or laundry facilities (08).

(32)

Dry good stores (09).

(33)

Dwelling units, above ground floor (02).

(34)

Employment agencies (09).

(35)

Florist shops (09).

(36)

Food-grocery stores, meat-fish markets, dairy prod-beverage stores, delis (09).

(37)

Frozen food stores, including locker rental in conjunction therewith (08).

(38)

Funeral home (10).

(39)

Furniture stores, including upholstering.

(40)

Furrier shops, including the incidental storage and conditioning of furs (09).

(41)

Garden and farm supply, tool and seed stores (09).

(42)

Gift and card curio, and stationery shops (09).

(43)

Glass shop (09).

(44)

Hardware stores (09).

(45)

Hearing aid stores (09).

(46)

Heating and plumbing/sales and service (29).

(47)

Hobby and craft stores (09).

(48)

Home furnishings stores (09).

(49)

Household appliance/electrical appliance stores (09).

(50)

Interior decorating shops (08).

(51)

Jewelry stores, including watch repair (09).

(52)

Launderettes, automatic, self-service only or hand laundries (09).

(53)

Leather goods/luggage stores (09).

(54)

Locksmith shops (08).

(55)

Machine sales office (08).

(56)

Mail order/catalog store (13).

(57)

Medical and dental clinics and related laboratory facilities (09).

(58)

Meeting halls (11).

(59)

Millinery shops (09).

(60)

Musical instrument sales and service (09).

(61)

Newspaper distribution agencies for home delivery and retail trade (08).

(62)

Office—Business and professional (09).

(63)

Office supply and office equipment stores (08).

(64)

Optical products, sales and service (09).

(65)

Orthopedic and medical appliance stores (09).

(66)

Package liquor and party supply stores (09).

(67)

Painting and decorating stores (09).

(68)

Party supply stores (09).

(69)

Pet shops (09).

(70)

Phonograph record and cassette stores, including sale of compact discs, sheet music (09).

(71)

Photography including development of film when conducted as part of the retail business (09).

(72)

Physical fitness facilities (11).

(73)

Physical therapy, speech therapy and related facilities (11).

(74)

Picture framing store and art gallery (08).

(75)

Plumbing showrooms and shops (29).

(76)

Post office and express mail agencies (08).

(77)

Printing shops (29).

(78)

Radio and television sales and repair (09).

(79)

Real estate office (09).

(80)

Recording and sound studios (08).

(81)

Religious assembly (22).

(82)

Repair, rental and servicing of any article the sales of which is permitted in this district.

(83)

Restaurants, excluding entertainment and dancing (11).

(84)

Restaurants—Carry out with no food consumed on premises (11).

(85)

Schools—Music, dance, martial arts and other cultural events (08).

(86)

Secondhand stores and rummage shops (09).

(87)

Sewing machine sales and service (09).

(88)

Shoe stores (09).

(89)

Shoe, clothing and hat repair stores (08).

(90)

Small animal grooming establishment (08).

(91)

Sporting goods stores (09).

(92)

Tailor shops (08).

(93)

Taxidermists (08).

(94)

Telegraph office (08).

(95)

Telephone answering service (08).

(96)

Telephone exchange and equipment building (08).

(97)

Ticket agencies/amusements and sports (08).

(98)

Tobacco shops (09).

(99)

Toy shops (09).

(100)

Travel bureaus and transportation ticket offices (08).

(102)

Variety stores (09).

(103)

Veterinarians and animal hospitals (excluding outdoor kennels) (07).

(104)

Video cassette sales and rental (09).

(105)

Wearing apparel shops (09).

(106)

Accessory uses, incidental to and on the same zoning lot as the principal use.

(c)

Conditional Uses. The following conditional uses are allowed in the C2 district, subject to the provisions of Section 22.26:

(1)

Amusement establishments: bowling alleys, pool halls, dance halls, swimming pools, skating rinks (28).

(2)

Assisted living establishment (30).

(3)

Auction facilities (11).

(4)

Automobile detail shops (excluding junk yards) (09).

(5)

Automobile service center, express (30).

(6)

Automobile service stations (excluding junk yards) (26).

(7)

Battery and tire shops/sales and service (26).

(8)

Boats and boat trailers/sales and repair (excluding junk yards) (10).

(9)

Bus station (08).

(10)

Car washes (19).

(11)

Continuing care retirement community (30).

(12)

Drive-in establishments (30).

(13)

Garages for storage, repair and servicing of motor vehicles (excluding junk yards) (26).

(14)

Hospitals (30).

(15)

Hotels and motels (04).

(16)

Laboratories-research and testing (08).

(17)

Masseur/masseuse services (in accordance with the provisions of Title 18) (09).

(18)

Microbreweries, microdistilleries,
microwineries (30).

(19)

Motor vehicles sales: automobiles, vans, motor homes, truck, motorcycles (26).

(20)

Non-alcoholic drinking and entertainment establishments (11).

(21)

Nursing homes/convalescent care/health center/assisted living (30).

(22)

Parking garages or structures, other than accessory (30).

(23)

Parking lots, open and other than accessory, for the storage of private passenger automobiles (30).

(24)

Parks (17).

(25)

Planned developments (30).

(26)

Public libraries, museums and art galleries (07).

(27)

Public utility and service uses (30).

(28)

Pylon signs, subject to the regulations set forth in Section 22.266.

(29)

Radio and television stations and studios (13).

(30)

Recreation buildings and community centers, noncommercial (08).

(31)

Restaurants, including entertainment and dancing (11).

(32)

Seasonal or temporary uses, consistent with the character of the district and in conformance with all pertinent requirements of this Code (30).

(33)

Senior citizen housing (independent living facility) (30).

(34)

Taverns and cocktail lounges (11).

(35)

Theatres (indoor) (24).

(36)

Trailers/travel trailers, camping trailer/sale and service (26).

(37)

Accessory uses, incidental to, and on the same zoning lot as a principal use.

(d)

Lot Size Requirements. In the C2 District, there shall be provided not less than two thousand nine hundred (2,900) square feet of lot area for each dwelling unit on a lot. Planned developments shall have a minimum lot area of forty thousand (40,000) square feet.

(e)

Yard Requirements.

(1)

Front and Corner Side Yards. No front setback shall be required.

(2)

Interior Side Yard. No interior side yard is required, but if one is provided it shall be not less than five feet wide.

(3)

Rear Yard. No rear yard shall be required.

(4)

Transitional Yard. No building or structure in the C2 district shall be located within twenty (20) feet of a residence district boundary line, unless such building or structure is effectively screened from such residence district property by a wall or fence, and/or densely-planted compact hedge, as approved by the City Forester, not less than five feet nor more than eight feet in height. The Zoning Administrator may waive this requirement if the structure, use, or building is already effectively screened by natural topography or existing screening comparable to the types mentioned.

(f)

Floor Area Ratio/Building Height. In the C2 district, floor area ratio shall not exceed 2.0; however, maximum building height shall not exceed three stories or thirty-five (35) feet in height, provided that the number of permitted stories may be increased to four (forty-five (45) foot height maximum) if not more than fifty (50) percent of the land is occupied by structures. The number of permitted stories may be increased to five stories (fifty-five (55) feet height maximum) if not more than thirty three and one-third (33⅓) percent of the land is occupied by structures.

(Ord. No. ZO-07-2015, § 2, 8-3-2015; Ord. No. ZO-18-2019, § 3D, 5-20-19)

(a)

The C3 general commercial district is intended to accommodate those motorist-oriented commercial activities which may be incompatible with the uses encouraged in other business districts; and whose service area is not confined to any one neighborhood. This district is located along major commercial arterials.

Uses allowed in the C3 district are subject to the following conditions:

(1)

Dwelling units and rooming units, other than watchmen's quarters located on the premises where employed, are not permitted.

(2)

All business, servicing, or processing shall be conducted within completely enclosed buildings, with the following exceptions; establishments of the "drive-in" type offering goods or services directly to customers waiting in parked motor vehicles, display of merchandise for sale to the public provided such merchandise is set back a minimum of twenty-five (25) feet from all property lines adjoining a street and is not within a required parking area, and off-street parking and loading.

(3)

Establishments of the "drive-through" or "drive-in" type, offering products or services to customers who remain in motor vehicles, are allowed only by conditional use permit.

(4)

The unenclosed parking of trucks as an accessory use shall be limited to vehicles of not more than one and one-half tons capacity. Any parking of trucks on land adjacent to residential property shall be screened therefrom by a wall or fence and densely planted compact hedge, not less than five nor more than eight feet in height; and planting to be as approved by the City Forester.

(b)

Permitted Uses. The following uses are permitted in the C3 district:

(Numbers within parentheses ( ) indicate parking class of each permitted or conditional use. For specific parking requirements, see subsection 22.242(b))

(1)

Adult day center (08).

(2)

Air conditioning, refrigeration and heating shops (29).

(3)

Antique shops (09).

(4)

Art and school supply stores (09).

(5)

Art galleries (not including auction rooms) (08).

(6)

Art, sculptor and composer studios (08).

(7)

Auction facilities (11).

(8)

Automobile accessory stores (09).

(9)

Bakeries, retail (09).

(10)

Banks and financial institutions (09).

(11)

Barber shops (09).

(12)

Battery and tire shops/sales and service (26).

(13)

Beauty shops (09).

(14)

Bicycle sales, rental and repair shops (09).

(15)

Blueprinting, photostating and copying services (08).

(16)

Boats showrooms, sales and repair (excluding junk yards) (10).

(17)

Book and stationery stores (09).

(18)

Brewpubs (11).

(19)

Building materials and product/sales and storage.

(20)

Business machine sales and service (08).

(21)

Camera and photographic supply stores (09).

(22)

Candy and ice cream stores (09).

(23)

Carpet, rugs, linoleum, tile, wall and floor covering/sale and service (08).

(24)

Catering establishments (08).

(25)

China and glassware stores (09).

(26)

Clothing and costume rental stores (08).

(27)

Clubs and lodges, non-profit and fraternal (10).

(28)

Coin and philatelic stores (08).

(29)

Confectionery stores (09).

(30)

Currency exchange (09).

(31)

Custom dress making (08).

(32)

Day care centers and pre-schools (13).

(33)

Department stores (09).

(34)

Diaper services (09).

(35)

Drug stores/pharmacies (09).

(36)

Dry cleaning and/or laundry facilities (08).

(37)

Dry good stores (09).

(38)

Electrical showroom and shops (29).

(39)

Employment agencies (09).

(40)

Exterminating service (29).

(41)

Fencing sales and service (29).

(42)

Florist shops (09).

(43)

Food-grocery stores, meat-fish markets, dairy prod-beverage stores, delis (09).

(44)

Frozen food stores, including locker rental in conjunction therewith (08).

(45)

Fuel-solid or liquid storage and wholesale distribution (27).

(46)

Funeral home (10).

(47)

Furniture stores, including upholstering.

(48)

Furrier shops, including the incidental storage and conditioning of furs (09).

(49)

Garden and farm supply, tool and seed stores (09).

(50)

Garage door openers/display and sales (29).

(51)

Gift and card curio, and stationery shops (09).

(52)

Glass shop (09).

(53)

Greenhouse and nurseries/retail and wholesale (14).

(54)

Hardware stores (09).

(55)

Hearing aid stores (09).

(56)

Heating and plumbing/sales and service (29).

(57)

Hobby and craft stores (09).

(58)

Home furnishings stores (09).

(59)

Hotels and motels (04).

(60)

Household appliance/electrical appliance stores (09).

(61)

Interior decorating shops (08).

(62)

Jewelry stores, including watch repair (09).

(63)

Launderettes, automatic, self- service only or hand laundries (09).

(64)

Leather goods/luggage stores (09).

(65)

Locksmith shops (08).

(66)

Machine sales office (08).

(67)

Mail order/catalog store (13).

(68)

Medical and dental clinics and related laboratory facilities (09).

(69)

Meeting halls (11).

(70)

Millinery shops (09).

(71)

Mobile homes/sales and service (26).

(72)

Model garages/display and sales (26).

(73)

Motor vehicles sales: automobiles, vans, motor homes, trucks, motorcycles (26).

(74)

Moving, packing and storage (27).

(75)

Musical instrument sales and service (09).

(76)

Newspaper distribution agencies for home delivery and retail trade (08).

(77)

Non-alcoholic drinking and entertainment establishments (11).

(78)

Office—Business and professional (09).

(79)

Office supply and office equipment stores (08).

(80)

Optical products, sales and service (09).

(81)

Orthopedic and medical appliance stores (09).

(82)

Package liquor and party supply stores (09).

(83)

Painting and decorating stores (09).

(84)

Parking lots and structures (30).

(85)

Party supply stores (09).

(86)

Pet shops (09).

(87)

Phonograph record and cassette stores, including sale of compact discs, sheet music (09).

(88)

Photography including development of film when conducted as part of the retail business (09).

(89)

Physical fitness facilities (11).

(90)

Physical therapy, speech therapy and related facilities (11).

(91)

Picture framing store and art gallery (08).

(92)

Plumbing showrooms and shops (29).

(93)

Post office and express mail agencies (08).

(94)

Printing shops (29).

(95)

Radio and television sales and repair (09).

(96)

Radio and television stations and studios (13).

(97)

Real estate office (09).

(98)

Recording and sound studios (08).

(99)

Recreation and community centers buildings (08).

(100)

Religious assembly (22).

(101)

Repair, rental and servicing of any article the sales of which is permitted in this District, except motor vehicle and truck repair unless ancillary to a motor vehicle dealer.

(102)

Restaurants—Carry out with no food consumed on premises (11).

(103)

Restaurants, excluding entertainment and dancing (11).

(104)

Restaurants, including entertainment and dancing (11).

(105)

Schools—Music, dance, martial arts and other cultural events (08).

(106)

Secondhand stores and rummage shops (09).

(107)

Sewing machine sales and service (09).

(108)

Shoe stores (09).

(109)

Shoe, clothing and hat repair stores (08).

(110)

Small animal grooming establishment (08).

(111)

Sporting goods stores (09).

(112)

Tailor shops (08).

(113)

Taverns and cocktail lounges (11).

(114)

Taxidermists (08).

(115)

Telegraph office (08).

(116)

Telephone answering service (08).

(117)

Telephone exchange and equipment building (08).

(118)

Theatres (indoor) (24).

(119)

Ticket agencies/amusements and sports (08).

(120)

Tobacco shops (09).

(121)

Toy shops (09).

(122)

Trailers/travel trailers, camping trailers/sales and service (26).

(123)

Travel bureaus and transportation ticket offices (08).

(124)

Variety stores (09).

(125)

Veterinarians and animal hospitals (excluding outdoor kennels) (07).

(126)

Video cassette sales and rental (09).

(127)

Wearing apparel shops (09).

(128)

Wholesale establishments (27).

(129)

Accessory uses, incidental to and on the same zoning lot as the principal use.

(c)

Conditional Uses. The following conditional uses are allowed in the C3 district, subject to the provisions of Section 22.26:

(1)

Ambulance service (30).

(2)

Amusement establishments: bowling alleys, pool halls, dance halls, swimming pools, skating rinks (28).

(3)

Assisted living establishment (30).

(4)

Automobile detail shops (excluding junk yards) (09).

(5)

Automobile repair garages (excluding junk yards) (26).

(6)

Automobile service center, express (30).

(7)

Automobile service stations (excluding junk yards) (26).

(8)

Battery and tire shops/sales and service (26).

(9)

Bus station (08).

(10)

Car washes (19).

(11)

Continuing care retirement community (30).

(12)

Drive-in establishments (30).

(13)

Laboratories-research and testing (08).

(14)

Machinery sales, large equipment (13).

(15)

Masseur/masseuse services (in accordance with the provisions of Title 18) (09).

(16)

Medical cannabis dispensing facilities (30).

(17)

Microbreweries, microdistilleries, microwineries (30).

(18)

Nursing homes/convalescent care/health center/assisted living (30).

(19)

Parking lots, open and other than accessory, for the storage of private passenger automobiles (30).

(20)

Parks (17).

(21)

Pawn shops (09).

(22)

Planned developments (30).

(23)

Public libraries, museums and art galleries (07).

(24)

Public utility and service uses (30).

(25)

Pylon signs, subject to the regulations set forth in Section 22.267.

(26)

Seasonal or temporary uses, consistent with the character of the district and in conformance with all pertinent requirements of this Code (30).

(27)

Senior citizen housing (independent living facility) (30).

(28)

Accessory uses, incidental to, and on the same zoning lot as a principal use.

(d)

Lot Size Requirements. In the C3 district there shall be provided not less than ten thousand (10,000) square feet of lot area for each principal use; however, planned developments shall provide at least one-acre of land area.

(e)

Yard Requirements.

(1)

Front and Corner Side Yards. Uses allowed in the C3 district shall provide a front yard and a corner side yard of not less than forty (40) feet in depth.

(2)

Interior Side Yard. A minimum interior side yard of ten (10) feet in depth shall be provided.

(3)

Rear Yard. Each lot shall be provided with a rear yard of at least twenty (20) feet in depth.

(4)

Transitional Yard. No building or structure in the C3 district shall be located within sixty (60) feet of a residence district boundary line, unless such building or structure is effectively screened from such residence district property by a wall, fence, or densely planted compact hedge, not less than five feet nor more than eight feet in height; in the event of such screening, the transitional yard requirement shall be twenty (20) feet in depth.

(f)

Floor Area Ratio/Building Height. In the C3 district, floor area ratio shall not exceed .50; however, maximum building height may exceed four stories or forty-five (45) feet by conditional use permit only; and in no event shall building height be greater than six stories or seventy-five (75) feet. No building or structure shall hereafter be erected in this district within two hundred (200) feet of the nearest lot line of an RE, R1 or R2 district that exceeds thirty-five (35) feet in height.

(Ord. No. ZO-04-2015, § 2, 4-20-2015; Ord. No. ZO-07-2015, § 2, 8-3-2015; Ord. No. ZO-18-2019, § 3E, 5-20-19; Ord. No. 06-2020, §§ 1, 2, 6-15-2020)

(a)

The CBC district shall be limited to the "downtown" core area of the City as identified in the City Zoning Map. It is intended to accommodate all those retail, service and specialty shops and necessary civic services that are characteristic of the traditional central area.

Uses allowed in the CBC district are subject to the following conditions:

(1)

Dwelling units and rooming units, other than those located in a hotel or motel or watchman's quarters located on the premises where employed, are not permitted below the second floor.

(2)

All business, servicing, or processing, except off-street parking, loading or such drive-in facilities as are specifically authorized herein, shall be conducted within completely enclosed buildings except when authorized by the Mayor for outdoor seating.

(3)

Establishments of the "drive-through" or "drive-in" type, offering products or services to customers who remain in motor vehicles, are allowed only by conditional use permit. Establishments serving customers through a walk up window are allowed as a conditional use permit.

(4)

The unenclosed parking of trucks as an accessory use, when use in the conduct of a permitted business listed hereafter in this section shall be limited to vehicles of not over one and one-half tons capacity when located within seventy-five (75) feet of a residence district boundary line. Any parking of trucks on land adjacent to residential property shall be screened therefrom by a wall or fence not less than five feet nor more than eight feet in height.

(b)

Permitted Uses. The following uses are permitted in the CBC District:

Parking requirements for residential dwelling units located within the CBC District are listed in Article X Off Street Parking and Loading.

(1)

Adult day center.

(2)

Air conditioning, refrigeration and heating shops.

(3)

Antique shops.

(4)

Art and school supply stores.

(5)

Art galleries (including auction rooms).

(6)

Art, sculptor and composer studios.

(7)

Audio visual sales and rental.

(8)

Automobile accessory stores.

(9)

Bakeries, retail.

(10)

Banks and financial institutions.

(11)

Barber and beauty shops.

(12)

Bicycle sales, rental and repair shops.

(13)

Blueprinting, photostating and copying services.

(14)

Book and stationery stores.

(15)

Brewpubs.

(16)

Business machine sales and service.

(17)

Camera and photographic supply stores.

(18)

Candy and ice cream stores.

(19)

Carpet, rugs, linoleum, tile, wall and floor covering/sales and service.

(20)

China and glassware stores.

(21)

Children's indoor playground and classes.

(22)

Clothing and costume rental stores.

(23)

Coin and philatelic stores.

(24)

Confectionery stores.

(25)

Currency exchange.

(26)

Custom dress making.

(27)

Department stores.

(28)

Diaper services.

(29)

Drug stores/pharmacies.

(30)

Dry cleaning and/or laundry facilities.

(31)

Dry good stores.

(32)

Dwelling units, above ground floor.

(33)

Employment agencies.

(34)

Entertainment, dancing, live music, comedy club uses.

(35)

Florist shops.

(36)

Food-grocery stores, meat-fish markets, dairy prod-beverage stores, delis.

(37)

Funeral home.

(38)

Furniture stores, including upholstering.

(39)

Furrier shops including the incidental storage and conditioning of furs.

(40)

Gift and card curio, and stationery shops.

(41)

Glass shop.

(42)

Hardware stores.

(43)

Hearing aid stores.

(44)

Heating and plumbing/sales and service.

(45)

Hobby and craft clubs and stores.

(46)

Home furnishing stores.

(47)

Household appliance/electrical appliance stores.

(48)

Interior decorating shops.

(49)

Jewelry stores, including watch repair.

(50)

Launderettes, automatic, self-service only or hand laundries.

(51)

Leather goods/luggage stores.

(52)

Locksmith shops.

(53)

Machine sales office.

(54)

Mail order/catalog store.

(55)

Medical and dental clinics and related laboratory facilities.

(56)

Meeting halls.

(57)

Millinery shops.

(58)

Motor vehicle sales (except trucks)—display only, excluding service and repair.

(59)

Municipal parking garages or structures.

(60)

Municipal parking lots for the storage of private passenger automobiles.

(61)

Musical instrument sales and service, including sheet music.

(62)

Newspaper distribution agencies for home delivery and retail trade.

(63)

Office—Business and professional.

(64)

Office supply and office equipment stores.

(65)

Optical products, sales and service.

(66)

Orthopedic and medical appliance stores.

(67)

Package liquor and party supply stores.

(68)

Painting and decorating stores.

(69)

Party supply stores.

(70)

Pet shops.

(71)

Photography including development of film when conducted as part of the retail business.

(72)

Physical fitness facilities.

(73)

Physical therapy, speech therapy and related facilities.

(74)

Picture framing store and art gallery.

(75)

Plumbing showrooms and shops.

(76)

Post office and express mail agencies.

(77)

Copy and express mail shops.

(78)

Radio and television sales and repair.

(79)

Real estate office.

(80)

Recording and sound studios.

(81)

Religious assembly.

(82)

Repair, rental and servicing of any article the sale of which is permitted in this district.

(83)

Restaurants, excluding entertainment and dancing, live music, comedy club.

(84)

Restaurants.

(85)

Restricted production and repair, limited to the following: art needlework, clothing—custom manufacturing and alterations, for retail only; jewelry from precious metals; watches, dentures, and optical lenses.

(86)

Schools—Music, dance, martial arts and other cultural events.

(87)

Seasonal or temporary uses, consistent with the character of the district and in conformance with all pertinent requirements of this Code.

(88)

Consignment and thrift shops.

(89)

Sewing machine sales and service.

(90)

Shoe stores.

(91)

Shoe, clothing and hat repair stores.

(92)

Sporting goods stores.

(93)

Tailor shops.

(94)

Taxidermists.

(95)

Telegraph office.

(96)

Telephone answering service.

(97)

Telephone exchange and equipment building.

(98)

Theaters (indoor).

(99)

Ticket agencies/amusements and sports.

(100)

Tobacco shops.

(101)

Toy shops.

(102)

Transportation depots.

(103)

Travel bureaus and transportation ticket offices.

(104)

Variety stores.

(105)

Veterinarians and animal hospitals, including grooming establishments (excluding outdoor kennels).

(106)

Wearing apparel shops.

(107)

Accessory uses, incidental to and on the same zoning lot as the principal use.

In addition, the following uses are permitted in the CBC district:

(1)

Repair, rental and servicing of any article the sale of which is permitted in this district.

(2)

Seasonal or temporary uses, consistent with the character of the district and in conformance with all pertinent requirements of the municipal code.

(3)

Theatres (indoor).

(4)

Accessory uses, incidental to and on the same zoning lot as a principal use.

(c)

Conditional Uses. The following conditional uses are allowed in the CBC district, subject to the provisions of Section 22.26:

(1)

Ambulance service (30).

(2)

Amusement establishments: bowling alleys, pool halls, dance halls, swimming pools, skating rinks (28).

(3)

Automobile service stations (excluding junk yards).

(4)

Bus stations (08).

(5)

Catering establishments.

(6)

Congregate housing for the elderly/senior home-sharing facility, with a maximum of eight occupants per facility, above the ground floor only (05).

(7)

Convention and exhibition halls (11).

(8)

Day care centers and pre-schools.

(9)

Drive-in establishments.

(10)

Dwelling units below the second floor.

(11)

Hotels and motels (30).

(12)

Laboratories, research and testing (08).

(13)

Machinery sales, large equipment (13).

(14)

Masseur/masseuse services (in accordance with the provisions of Title 18).

(15)

Microbreweries, microdistilleries, microwineries.

(16)

Motorcycle and motor scooter sales, including service and repair.

(17)

Museums and cultural facilities.

(18)

Non-alcoholic drinking and entertainment establishments.

(19)

Parking garages or structures, other than accessory.

(20)

Parking lots, open and other than accessory, for the storage of private passenger automobiles.

(21)

Parks.

(22)

Planned developments.

(23)

Public libraries, museums and art galleries.

(24)

Public utility and service use.

(25)

Radio and television stations and studios.

(26)

Recreation buildings and community centers, non-commercial.

(27)

Senior citizen housing with a maximum density of seventy-five (75) dwelling units per acre (30).

(28)

Taverns and cocktail lounges.

(29)

Outdoor theatres.

(d)

Yard Requirements.

(1)

Front and Corner Side Yards. Zero, however neither setback shall be greater than zero.

(2)

Interior Side Yard. None.

Along any side or rear of a building where pedestrian access is reasonably necessary by reason of the location of building entrances, or parking area serving the building, or of other uses frequently visited by customers, patrons or occupants of the building, a walkway at least five feet wide, and no greater than five feet wide, and having a vertical clearance of at least eight and one-half feet shall be provided; where such walkway is within five feet of a driveway or alley, it shall be physically separated therefrom by a barrier at least four feet in height and designed to separate safely vehicular and pedestrian traffic.

(3)

Rear Yard. None, except that a sixty-five (65) foot rear setback measured from the westerly edge of the alley right-of-way, as it existed on August 21, 2000, is required for the parcels fronting along the east side of York Road between Third Street and North Avenue.

(e)

Floor Area Ratio/Building Height. In the CBC District, floor area ratio shall not exceed 6.0; however, maximum building height may exceed six stories or seventy-seven (77) feet by conditional use permit only; and in no event shall building height be greater than ten stories or one hundred twenty-five (125) feet, nor shall floor area ratio exceed 10.0.

(f)

Minimum Unit Size. Studio apartments may be no less than five hundred (500) square feet, one bedroom apartments may be no less than seven hundred (700) square feet, two bedroom apartments may be no less than one thousand (1,000) square feet and three bedroom apartments may be no less than one thousand two hundred (1,200) square feet.

(Ord. No. ZO-07-2015, § 2, 8-3-2015; Ord. No. ZO-11-2017, § 5, 8-21-2017; Ord. No. ZO-11-2017, § 5, 8-21-2017; Ord. No. ZO-18-2019, § 3F, 5-20-19)

(a)

The CBOC District shall be limited to the "outer downtown" core area of the City as identified on the City Zoning Map. It is intended to accommodate all those retail, service and specialty shops and necessary civic services that are characteristic of the traditional Peripheral Downtown area.

Uses allowed in the CBOC District are subject to the following conditions:

(1)

Dwelling units and rooming units, other than those located in a hotel or motel or watchman's quarters located on the premises where employed, are permitted below the second floor.

(2)

All business, servicing, or processing, except off-street parking, loading or such drive-in facilities as are specifically authorized herein, shall be conducted within completely enclosed buildings except when authorized by the Mayor for outdoor seating.

(3)

Establishments of the "drive-through" or "drive-in" type, offering products or services to customers who remain in motor vehicles, are allowed only by conditional use permit. Establishments serving customers through a walk up window are allowed as a conditional use permit.

(4)

The unenclosed parking of trucks as an accessory use, when use in the conduct of a permitted business listed hereafter in this section shall be limited to vehicles of not over one and one-half tons capacity when located within seventy-five (75) feet of a residence district boundary line. Any parking of trucks on land adjacent to residential property shall be screened therefrom by a wall or fence not less than five feet nor more than eight feet in height.

(b)

Permitted Uses. The following uses are permitted in the CBOC District:

Parking requirements for residential dwelling units located within the CBOC District are listed in Article X Off Street Parking and Loading.

(1)

Adult day center.

(2)

Air conditioning, refrigeration and heating shops.

(3)

Antique shops.

(4)

Art and school supply stores.

(5)

Art galleries (including auction rooms).

(6)

Art, sculptor and composer studios.

(7)

Audio visual sales and rental.

(8)

Automobile accessory stores.

(9)

Bakeries, retail.

(10)

Banks and financial institutions.

(11)

Barber and beauty shops.

(12)

Bicycle sales, rental and repair shops.

(13)

Blueprinting, photostating and copying services.

(14)

Book and stationery stores.

(15)

Brewpubs.

(16)

Business machine sales and service.

(17)

Camera and photographic supply stores.

(18)

Candy and ice cream stores.

(19)

Carpet, rugs, linoleum, tile, wall and floor covering/sales and service.

(20)

China and glassware stores.

(21)

Children's indoor playground and classes.

(22)

Clothing and costume rental stores.

(23)

Coin and philatelic stores.

(24)

Confectionery stores.

(25)

Currency exchange.

(26)

Custom dress making.

(27)

Department stores.

(28)

Diaper services.

(29)

Drug stores/pharmacies.

(30)

Dry cleaning and/or laundry facilities.

(31)

Dry good stores.

(32)

Dwelling units.

(33)

Employment agencies.

(34)

Entertainment, dancing, live music, comedy club.

(35)

Florist shops.

(36)

Food-grocery stores, meat-fish markets, dairy prod-beverage stores, delis.

(37)

Funeral home.

(38)

Furniture stores, including upholstering.

(39)

Furrier shops including the incidental storage and conditioning of furs.

(40)

Gift and card curio, and stationery shops.

(41)

Glass shop.

(42)

Hardware stores.

(43)

Hearing aid stores.

(44)

Heating and plumbing/sales and service.

(45)

Hobby and craft clubs and stores.

(46)

Home furnishing stores.

(47)

Household appliance/electrical appliance stores.

(48)

Interior decorating shops.

(49)

Jewelry stores, including watch repair.

(50)

Launderettes, automatic, self-service only or hand laundries.

(51)

Leather goods/luggage stores.

(52)

Locksmith shops.

(53)

Machine sales office.

(54)

Mail order/catalog store.

(55)

Medical and dental clinics and related laboratory facilities.

(56)

Meeting halls.

(57)

Millinery shops.

(58)

Motor vehicle sales (except trucks)—Display only, excluding service and repair.

(59)

Municipal parking garages or structures.

(60)

Municipal parking lots for the storage of private passenger automobiles.

(61)

Musical instrument sales and service, including sheet music.

(62)

Newspaper distribution agencies for home delivery and retail trade.

(63)

Office—Business and professional.

(64)

Office supply and office equipment stores.

(65)

Optical products, sales and service.

(66)

Orthopedic and medical appliance stores.

(67)

Package liquor and party supply stores.

(68)

Painting and decorating stores.

(69)

Party supply stores.

(70)

Pet shops.

(71)

Photography including development of film when conducted as part of the retail business.

(72)

Physical fitness facilities.

(73)

Physical therapy, speech therapy and related facilities.

(74)

Picture framing store and art gallery.

(75)

Plumbing showrooms and shops.

(76)

Post office and express mail agencies.

(77)

Copy and express mail shops.

(78)

Radio and television sales and repair.

(79)

Real estate office.

(80)

Recording and sound studios.

(81)

Religious assembly.

(82)

Repair, rental and servicing of any article the sale of which is permitted in this district.

(83)

Restaurants, including entertainment, dancing, live music, comedy club.

(84)

Restaurants.

(85)

Restricted production and repair, limited to the following: art needlework, clothing—custom manufacturing and alterations, for retail only; jewelry from precious metals; watches, dentures, and optical lenses.

(86)

Schools—Music, dance, martial arts and other cultural events.

(87)

Seasonal or temporary uses, consistent with the character of the district and in conformance with all pertinent requirements of this Code.

(88)

Consignment and thrift shops.

(89)

Sewing machine sales and service.

(90)

Shoe stores.

(91)

Shoe, clothing and hat repair stores.

(92)

Sporting goods stores.

(93)

Tailor shops.

(94)

Taxidermists.

(95)

Telegraph office.

(96)

Telephone answering service.

(97)

Telephone exchange and equipment building.

(98)

Theaters (indoor).

(99)

Ticket agencies/amusements and sports.

(100)

Tobacco shops.

(101)

Toy shops.

(102)

Transportation depots.

(103)

Travel bureaus and transportation ticket offices.

(104)

Variety stores.

(105)

Veterinarians and animal hospitals, including grooming establishments (excluding outdoor kennels).

(106)

Wearing apparel shops.

(107)

Accessory uses, incidental to and on the same zoning lot as the principal use.

In addition, the following uses are permitted in the CBOC District:

(1)

Repair, rental and servicing of any article the sate of which is permitted in this district.

(2)

Seasonal or temporary uses, consistent with the character of the district and in conformance with all pertinent requirements of the municipal code.

(3)

Theatres (indoor).

(4)

Accessory uses, incidental to and on the same zoning lot as a principal use.

(c)

Conditional Uses. The following conditional uses are allowed in the CBOC District, subject to the provisions of Section 22.26:

(1)

Ambulance service (30).

(2)

Amusement establishments: bowling alleys, pool halls, dance halls, swimming pools, skating rinks (28).

(3)

Automobile service stations (excluding junk yards).

(4)

Bus stations (08).

(5)

Catering establishments.

(6)

Congregate housing for the elderly/senior home-sharing facility, with a maximum of eight occupants per facility, above the ground floor only (05).

(7)

Convention and exhibition halls (11).

(8)

Day care centers and pre-schools.

(9)

Drive-in establishments.

(10)

Hotels and motels (30).

(11)

Laboratories, research and testing (08).

(12)

Machinery sales, large equipment (13).

(13)

Masseur/masseuse services (in accordance with the provisions of Title 18).

(14)

Microbreweries, microdistilleries, microwineries.

(15)

Motorcycle and motor scooter sales, including service and repair.

(16)

Museums and cultural facilities.

(17)

Non-alcoholic drinking and entertainment establishments.

(18)

Parking garages or structures, other than accessory.

(19)

Parking lots, open and other than accessory, for the storage of private passenger automobiles.

(20)

Parks.

(21)

Planned developments.

(22)

Public libraries, museums and art galleries.

(23)

Public utility and service use.

(24)

Radio and television stations and studios.

(25)

Recreation buildings and community centers, non-commercial.

(26)

Senior citizen housing.

(27)

Taverns and cocktail lounges.

(28)

Outdoor theatres.

(d)

Yard Requirements.

(1)

Front and Corner Side Yards. Zero, however neither setback shall be greater than zero for non-residential buildings. Residential buildings may not be setback further than fifteen (15) feet from the front lot line.

(2)

Interior Side Yard. Zero. Along any side or rear of a building where pedestrian access is reasonably necessary by reason of the location of building entrances, or parking area serving the building, or of other uses frequently visited by customers, patrons or occupants of the building, a walkway at least five feet wide, and no greater than five feet wide, and having a vertical clearance of at least eight and one-half feet shall be provided; where such walkway is within five feet of a driveway or alley, it shall be physically separated therefrom by a barrier at least four feet in height and designed to separate safely vehicular and pedestrian traffic.

(3)

Rear Yard. None.

(e)

Floor Area Ratio/Building Height. In the CBOC district, floor area ratio shall not exceed 4.0; however, maximum building height may exceed four stories or fifty-three (53) feet when not within one hundred (100) feet of the subject property line which is adjacent to, or across a right-of-way from single-family detached and/or single family attached uses. If a property is not adjacent to single-family detached and/or single family attached uses, floor area ratio shall not exceed 6.0 and in no event shall building height be greater than six stories or seventy-seven (77) feet.

(f)

Minimum Unit Size. Studio apartments may be no less than five hundred (500) square feet, one bedroom apartments may be no less than seven hundred (700) square feet, two bedroom apartments may be no less than 1,000 square feet and three bedroom apartments may be no less than one thousand two hundred (1,200) square feet.

(Ord. No. ZO-07-2015, § 2, 8-3-2015; Ord. No. ZO-11-2017, § 5, 8-21-2017; Ord. No. ZO-18-2019, § 3G, 5-20-19)

The HCC health care campus district is designed to provide for community hospitals and the broad array of accessory uses which are directly related to hospital care, on larger parcels of land, in a campus like setting.

(a)

Permitted Uses. The following uses are permitted in the HCC district:

(1)

Hospitals, as a conditional use planned development.

(2)

Accessory uses incidental to a hospital, and on the same zoning lot as the principal use, including but not limited to:

(A)

Ambulatory surgery center.

(B)

Coffee shop.

(C)

Conference center.

(D)

Day care center.

(E)

Energy center (power plant).

(F)

Family accommodations.

(G)

Fitness center/club.

(H)

Florist shop.

(I)

Gift shop.

(J)

Helipad (on lots greater than twenty (20) acres).

(K)

Intergenerational care.

(L)

Laboratories, medical.

(M)

Maintenance garage (on lots greater than twenty (20) acres).

(N)

Medical and professional offices.

(O)

Nursing homes/convalescent care/health center/assisted living facilities.

(P)

Physical therapy, speech therapy, and related facilities.

(Q)

Restaurant.

(b)

Lot Size Requirements. HCC minimum lot size shall not be less than eleven (11) acres.

(1)

Religious assembly (22).

(c)

Yard Requirements.

(d)

Floor Area Ratio/Building Height. In the HCC district, floor area ratio shall not exceed 1.5.

No building or structure hereafter erected or structurally altered shall exceed one hundred twenty-five (125) feet in height; however, maximum building height may exceed one hundred twenty-five (125) feet by conditional use permit only; and in no event shall building height be greater than one hundred fifty (150) feet.

(e)

Off-Street Parking Requirements. The parking requirements for uses located within the HCC district are as follows:

One parking space per hospital bed.

Four parking spaces per one thousand (1,000) square feet of medical and professional office.

One parking space per unit of family accommodations.

One parking space for every one hospital employee—Maximum shift.

One parking space per bed of assisted living/convalescent care.

(Ord. No. ZO-18-2019, § 3H, 5-20-19)

(a)

The C3A Restricted Commercial/Industrial District is intended to accommodate those motorist-oriented commercial activities which may be incompatible with the uses encouraged in other business districts; and whose service area is not confined to any one neighborhood. This district is located along major commercial arterials. The C3A Restricted Commercial/Industrial District is also intended to provide an environment suitable for certain warehousing and distribution activities that do not create appreciable nuisance or hazards, or that require a pleasant, hazard-and-nuisance-free environment.

Uses allowed in the C3A Restricted Commercial/Industrial District are subject to the following conditions:

(1)

Dwelling units and rooming units, other than watchmen's quarters located on the premises where employed, are not permitted.

(2)

All business, servicing, or processing shall be conducted within completely enclosed buildings, with the following exceptions; establishments of the "drive-in" type offering goods or services directly to customers waiting in parked motor vehicles, display of merchandise for sale to the public provided such merchandise is set back a minimum of twenty-five (25) feet from all property lines adjoining a street and is not within a required parking area, and off-street parking and loading.

(3)

Establishments of the "drive-through" or "drive-in" type, offering products or services to customers who remain in motor vehicles, are allowed only by Conditional Use Permit.

(4)

The unenclosed parking of trucks as an accessory use shall be limited to vehicles of not more than one and one-half tons capacity. Any parking of trucks on land adjacent to residential property shall be screened therefrom by a wall or fence and densely planted compact hedge, not less than five nor more than eight feet in height; and planting to be as approved by the City Forester.

(b)

Permitted Uses. The following uses are permitted in the C3A Restricted Commercial/Industrial District: (Numbers within parentheses ( ) indicate parking class of each permitted or conditional use. For specific parking requirements, see Section 10.2-2)

(1)

Adult day center (08).

(2)

Air conditioning, refrigeration and heating shops (29).

(3)

Antique shops (09).

(4)

Art and school supply stores (09).

(5)

Art galleries (not including auction rooms) (08).

(6)

Art, sculptor and composer studios (08).

(7)

Auction facilities (11).

(8)

Automobile accessory stores (09).

(9)

Automobile repair garages (excluding junk yards) (26).

(10)

Bakeries, retail (09).

(11)

Banks and financial institutions (09).

(12)

Barber shops (09).

(13)

Battery and tire shops/sales and service (26).

(14)

Beauty shops (09).

(15)

Bicycle sales, rental and repair shops (09).

(16)

Blueprinting, photostating and copying services (08).

(17)

Boats showrooms, sales and repair (excluding junk yards) (10).

(18)

Book and stationery stores (09).

(19)

Building materials and product/sales and storage (29).

(20)

Business machine sales and service (08).

(21)

Camera and photographic supply stores (09).

(22)

Candy and ice cream stores (09).

(23)

Carpet, rugs, linoleum, tile, wall and floor covering/sale and service (08).

(24)

Catering establishments (08).

(25)

China and glassware stores (09).

(26)

Clothing and costume rental stores (08).

(27)

Clubs and lodges, non-profit and fraternal (10).

(28)

Coin and philatelic stores (08).

(29)

Confectionery stores (09).

(30)

Currency exchange (09).

(31)

Custom dress making (08).

(32)

Day care centers and pre-schools (13).

(33)

Department stores (09).

(34)

Diaper services (09).

(35)

Drug stores/pharmacies (09).

(36)

Dry cleaning and/or laundry facilities (08).

(37)

Dry good stores (09).

(38)

Electrical showroom and shops (29).

(39)

Employment agencies (09).

(40)

Exterminating service (29).

(41)

Fencing sales and service (29).

(42)

Florist shops (09).

(43)

Food-grocery stores, meat-fish markets, dairy prod-beverage stores, delis (09).

(44)

Frozen food stores, including locker rental in conjunction therewith (08).

(45)

Fuel-solid or liquid storage and wholesale distribution (27).

(46)

Funeral home (10).

(47)

Furniture stores, including upholstering (09).

(48)

Furrier shops, including the incidental storage and conditioning of furs (09).

(49)

Garden and farm supply, tool and seed stores (09).

(50)

Garage door openers/display and sales (29).

(51)

Gift and card curio, and stationery shops (09).

(52)

Glass shop (09).

(53)

Greenhouse and nurseries/retail and wholesale (14).

(54)

Hardware stores (09).

(55)

Hearing aid stores (09).

(56)

Heating and plumbing/sales and service (29).

(57)

Hobby and craft stores (09).

(58)

Home furnishings stores (09).

(59)

Hotels and motels (04).

(60)

Household appliance/electrical appliance stores (09).

(61)

Interior decorating shops (08).

(62)

Jewelry stores, including watch repair (09).

(63)

Launderettes, automatic, self-service only or hand laundries (09).

(64)

Leather goods/luggage stores (09).

(65)

Locksmith shops (08).

(66)

Machine sales office (08).

(67)

Mail order/catalog store (13).

(68)

Medical and dental clinics and related laboratory facilities (09).

(69)

Meeting halls (11).

(70)

Millinery shops (09).

(71)

Mobile homes/sales and service (26).

(72)

Model garages/display and sales (26).

(73)

Motor vehicles sales: automobiles, vans, motor homes, trucks, motorcycles (26).

(74)

Moving, packing and storage (27).

(75)

Musical instrument sales and service (09).

(76)

Newspaper distribution agencies for home delivery and retail trade (08).

(77)

Non-alcoholic drinking and entertainment establishments (11).

(78)

Office - business and professional (09).

(79)

Office supply and office equipment stores (08).

(80)

Optical products, sales and service (09).

(81)

Orthopedic and medical appliance stores (09).

(82)

Package liquor and party supply stores (09).

(83)

Painting and decorating stores (09).

(84)

Parking lots and structures (30).

(85)

Party supply stores (09).

(86)

Pet shops (09).

(87)

Phonograph record and cassette stores, including sale of compact discs, sheet music (09).

(88)

Photography including development of film when conducted as part of the retail business (09).

(89)

Physical fitness facilities (09).

(90)

Physical therapy, speech therapy and related facilities (11).

(91)

Picture framing store and art gallery (08).

(92)

Plumbing showrooms and shops (29).

(93)

Post office and express mail agencies (08).

(94)

Printing shops (29).

(95)

Radio and television sales and repair (09).

(96)

Radio and television stations and studios (13).

(97)

Real estate office (09).

(98)

Recording and sound studios (08).

(99)

Recreation building or community centers (08).

(100)

Religious assembly (22).

(101)

Repair, rental and servicing of any article the sales of which is permitted in this district.

(102)

Restaurants, - carry out with no food consumed on premises (11).

(103)

Restaurants, excluding entertainment and dancing (11).

(104)

Restaurants, including entertainment and dancing (11).

(105)

Schools - music, dance, martial arts and other cultural events (08).

(106)

Secondhand stores and rummage shops (09).

(107)

Sewing machine sales and service (09).

(108)

Shoe stores (09).

(109)

Shoe, clothing and hat repair stores (08).

(110)

Small animal grooming establishment (08).

(111)

Sporting goods stores (09).

(112)

Tailor shops (08).

(113)

Taverns and cocktail lounges (11).

(114)

Taxidermists (08).

(115)

Telegraph office (08).

(116)

Telephone answering service (08).

(117)

Telephone exchange and equipment building (08).

(118)

Theatres (indoor) (24).

(119)

Ticket agencies/amusements and sports (08).

(120)

Tobacco shops (09).

(121)

Toy shops (09).

(122)

Trailers/travel trailers, camping trailers/sales and service (26).

(123)

Travel bureaus and transportation ticket offices (08).

(124)

Variety stores (09).

(125)

Veterinarians and animal hospitals (excluding outdoor kennels) (07).

(126)

Video cassette sales and rental (09).

(127)

Wearing apparel shops (09).

(128)

Wholesale establishments (27).

(129)

Accessory uses, incidental to and on the same zoning lot as the principal use.

The following uses are also permitted in the C3A Restricted Commercial/Industrial District:

(1)

Building materials and supplies dealer (29).

(2)

Contractors', architects', and engineers' offices and shops (29).

(3)

Electronic and scientific precision instruments manufacturing (27).

(4)

Food manufacture, packaging and processing (27).

(5)

Heating, ventilating and air conditioning contractor (29).

(6)

Laboratories - medical, dental and/or optical (09).

(7)

Laboratories - research and testing (08).

(8)

Light machinery products - appliances, business machines, etc. (27).

(9)

Linen supply (29).

(10)

Mail order houses (13).

(11)

Medical and dental offices and clinics (09).

(12)

Parking lots, other than accessory, and subject to provisions of Chapter 10 (30).

(13)

Plastic injection molding manufacturer (27).

(14)

Plastic products assembly (27).

(15)

Printing and publishing establishments (27).

(16)

Public utility and service uses (30).

(17)

Radio and television stations and towers (13).

(18)

Rope, cord, and twine manufacture (27).

(19)

Schools-business, commercial and trade; computer tech. and vocational (20).

(20)

Sporting goods manufacture (27).

(21)

Warehousing, distribution and wholesale establishments (27).

(22)

Woodworking and wood products (27).

(c)

Conditional Uses. The following conditional uses are allowed in the C3A Restricted Commercial/Industrial District, subject to the provisions of Section 3.11:

(1)

Ambulance service (30).

(2)

Amusement establishments: bowling alleys, pool halls, dance halls, swimming pools, skating rinks (28).

(3)

Assisted living establishment (30).

(4)

Automobile detail shops (excluding junk yards) (09).

(5)

Automobile service center, express (30).

(6)

Automobile service stations (excluding junk yards) (26).

(7)

Battery and tire shops/sales and service (26).

(8)

Bus station (08).

(9)

Car washes (19).

(10)

Continuing care retirement community (30).

(11)

Drive-in establishments (30).

(12)

Garages for storage, repair and servicing of motor vehicles (excluding junk yards) (26).

(13)

Laboratories-research and testing (08).

(14)

Machinery sales, large equipment (13).

(15)

Masseur/masseuse services (in accordance with the provisions of Chapter 18) (09).

(16)

Nursing homes/convalescent care/health center/assisted living (30).

(17)

Parking lots, open and other than accessory, for the storage of private passenger automobiles (30).

(18)

Parks (17).

(19)

Pawn shops (09).

(20)

Planned developments (30).

(21)

Public libraries, museums and art galleries (07).

(22)

Pylon signs, subject to the regulations set forth in Section 11.17.

(23)

Seasonal or temporary uses, consistent with the character of the district and in conformance with all pertinent requirements of this Code (30).

(24)

Senior citizen housing (independent living facility) (30).

(25)

Accessory uses, incidental to, and on the same zoning lot as a principal use.

(d)

Lot Size Requirements. In the C3A Restricted Commercial/Industrial District there shall be provided not less than ten thousand (10,000) square feet of lot area for each principal use; however, planned developments shall provide at least one-acre of land area.

(e)

Yard Requirements.

(1)

Front and Corner Side Yards. Uses allowed in the C3A Restricted Commercial/Industrial District shall provide a front yard and a corner side yard of not less than forty (40) feet in depth.

(2)

Interior Side Yard. A minimum interior side yard of ten (10) feet in depth shall be provided.

(3)

Rear Yard. Each lot shall be provided with a rear yard of at least twenty (20) feet in depth.

(4)

Transitional Yard. No building or structure in the C3A Restricted Commercial/Industrial District shall be located within sixty (60) feet of a Residence District boundary line, unless such building or structure is effectively screened from such Residence District property by a wall, fence, or densely planted compact hedge, not less than five feet nor more than eight feet in height; in the event of such screening, the transitional yard requirement shall be twenty (20) feet in depth.

(f)

Floor Area Ratio/Building Height. In the C3A Restricted Commercial/Industrial District, floor area ratio shall not exceed .50; however, maximum building height may exceed four stories or forty-five (45) feet by conditional use permit only; and in no event shall building height be greater than six stories or seventy-five (75) feet. No building or structure shall hereafter be erected in this district within two hundred (200) feet of the nearest lot line of an RE, R1 or R2 District that exceeds thirty-five (35) feet in height.

(Ord. No. ZO-14-2013, § 2, 11-18-2013; Ord. No. ZO-18-2019, § 3I, 5-20-19)