This district is intended to accommodate commercial and service uses oriented primarily to serving the needs of persons who live or work in nearby areas. Certain related structures and uses required to serve the needs of such areas are permitted outright or are permissible as special exceptions subject to restrictions and requirements intended to best fulfill the intent of this ordinance. (Ord. 20-03-02, 3-2-2020)

Principal uses permitted in the CN Commercial Neighborhood district are as follows:

   A.   Retail establishments limited to the following uses:

      1.   Variety stores limited to 5,000 sq. ft. of floor area.

      2.   Retail merchandise vending machine operations (not including motor fuel).

      3.   Retail food stores limited to 10,000 sq. ft. of floor area.

      4.   Liquor stores.

      5.   Book stores.

      6.   Stationery stores.

      7.   Arts and Crafts supply stores.

      8.   Garden and supply stores.

      9.   Florists.

      10.   Cigar and cigarette stores.

      11.   Newspaper and magazine stores.

      12.   Gift, novelty and souvenir stores.

      13.   Hardware stores limited to 5,000 sq. ft. floor area.

      14.   Drug stores limited to 5,000 sq. ft. of floor area.

      15.   Sporting good and bicycle stores limited to 5,000 sq. ft. of floor area.

      16.   Art galleries and sales.

      17.   Antique shops.

   B.   personal service establishments limited to the following uses:

      1.   Laundering and dry cleaning (self-service).

      2.   Pressing, alteration and garment repair; laundry and dry cleaning pickup services (only).

      3.   Beauty and barber shops.

      4.   Shoe repair shops.

      5.   Tailoring and dressmaking shops limited to not more than 3,000 sq. ft. of floor area.

   C.   Professional services establishments limited to the following:

      1.   Photography

      2.   Interior design studios.

      3.   Craft studios.

      4.   Establishments for the teaching of music, dancing or other performing arts.

      5.   Art studios.

      6.   Doctor's and dentist's offices.

   D.   Lodges, denominational student centers, civic or fraternal uses, excluding residential uses.

   E.   Parks, playgrounds, playfields, tennis courts and miniature golf.

   F.   Community services structures and uses, such as community service centers, libraries, fire stations and cultural or recreational uses.

   G.   Children's Day nursery.

   H.   Adult Day Care.

   Use Condition

      1.   Utilize customary exterior finishing materials as defined herein. (Ord. 20-03-02, 3-2-2020)

   (a)   Dwelling units in connection with permitted or permissible uses or structures, located on the same premises therewith, for occupancy only by owners or employees thereof.

   B.   Signs subject to the provisions of Chapter 15.

   C.   Other structures and uses which:

      1.   Are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures.

      2.   Are located on the same lot as the permitted principal use or structure, or on a contiguous lot in the same ownership.

      3.   Do not involve operations not in keeping with the character of the area. (Ord. 20-03-02, 3-2-2020)

The following uses may be permitted as special exceptions by the Board of Adjustment in accordance with the provisions contained in Chapter 18.

   A.   Retail establishments not exceeding 5,000 square feet of gross floor area, which are not permitted outright, but excluding establishments dealing in salvaged merchandise, automobiles service stations, or establishments selling automobiles or automotive equipment and supplies.

   B.   Personal and professional service establishment not permitted outright.

   C.   Eating and drinking establishments, including drive-in eating and drinking establishments, provided that it shall be determined that the characteristics of such establishments will be compatible with nearby uses. The Board may place appropriate conditions and safeguards as deemed necessary may be placed upon the characteristics of operation of such establishments to assure the compatibility of these uses.

   D.   Commercial recreational and entertainment structures and uses such as theaters and bowling alleys, provided that such uses are housed in structures and are of such a size and situation that they are not likely to be incompatible with nearby residential zoning districts, and further provided that the Board shall specifically determine that the characteristics of such establishments will be compatible with nearby zoning districts. The Board may place appropriate conditions and safeguards as deemed necessary may be placed upon the characteristics of operation of such establishments to assure the compatibility of these uses.

   E.   Utility substations, provided that the Board of Adjustment shall impose appropriate conditions and safeguards regarding siting or characteristics of use potentially incompatible with nearby uses.

   F.   Stores and shops which are permitted outright in Section 710, except that they exceed the maximum size requirement set for in that section, if the Board of Adjustment determines that the characteristics of such establishments will be compatible with nearby zoning districts. The Board may place appropriate conditions and safeguards, as it deems necessary upon the characteristics of operation or construction of such establishments to assure the compatibility of these uses. (Ord. 20-03-02, 3-2-2020)

The following uses may be permitted as Specific Use Permit by the Planning and Zoning Commission and City Council in accordance with the provisions contained in Chapter 22.

   A.   Churches and other places of worship, including educational buildings related thereto.

   B.   Elementary, middle and high schools, business and vocational schools not involving operations of an industrial nature.

   C.   Golf courses.

   D.   Private clubs.

   F.   Cemeteries

   G.   Mini-storage.

   H.   Overnight camping and RV vehicle facility less than 3 acres.

   I.   Permanent commercial wholesale, distribution and retail of fireworks. (Ord. 20-03-02, 3-2-2020)

The minimum yard requirements for the CN, Commercial Neighborhood district are as follows:

   A.   Front yard - The depth of the required front yard shall be determined in the following manner. Measured from the centerline of the abutting street, add ½ of the right-of-way designated on the Major Street Plan or 25 feet if not designated on the Major Street Plan, to a setback of thirty-five (35) feet on arterial streets and twenty-five (25) feet on non-arterial streets. When a lot has double frontage, the front yard requirements shall be provided on both streets.

   B.   Side yard:

      1.   On the side of an interior lot or the interior side of a lot which abut a residential district, a side yard less than twenty (20) feet shall be provided.

      2.   On any corner lot, the depth of the required exterior side yard shall be determined in the following manner. Measured from the centerline of the abutting street, add ½ of the right-of-way designated in the Major Street Plan, or 25 feet if not designated on the Major Street Plan, to a setback distance of thirty-five (35) feet on arterial streets and twenty (20) feet for non-arterial streets.

      3.   In all other cases, no side yard is required if the buildings are built to the side lot line, otherwise at least three (3) feet of side yard width shall be provided.

   C.   Rear Yard - For dwellings in the CN district, the rear yard requirements shall be the same as the RM-1 Multifamily Residential district. When the CN zoned property abuts residentially zoned property, or the properties are separated only therefore, by an alley or easement, there shall be a rear yard of not less than fifteen (15) feet, and if the building is to be serviced from the rear, then there shall be a rear yard requirement of thirty (30) feet. Unattached buildings of accessory use shall be setback five (5) feet from the utility easement or alley line, whichever is greater. (Ord. 20-03-02, 3-2-2020)

No minimum required except as needed to meet other requirements of this ordinance. (Ord. 20-03-02, 3-2-2020)

There is no minimum lot area, but the floor area ratio for any lot must not exceed 0.35. (Ord. 20-03-02, 3-2-2020)

No building shall exceed two and one-half (2 ½) stories or thirty five (35) feet in height. (Ord. 20-03-02, 3-2-2020)