The commercial district is intended to provide space for those retail businesses, service businesses and office uses serving the Germantown Hills area. (Ord. 158, 6-15-1978)

Within the commercial district, the following uses are permitted:

   Agricultural uses for the growing, harvesting and storing of crops, including legume, hay, grain, fruit and truck or vegetable crops, floriculture, horticulture, mushroom growing, nurseries, orchards, forestry, and greenhouse.

   Farm buildings used for growing, harvesting and preparing crop products for market, or for use on the farm, or for storing and protecting farm machinery and equipment from the elements.

   Silos, grain storage bins, or drying facilities shall not be permitted in the district.

   Automobile service stations and public garages; new or used car sales areas; new or used farm equipment sales areas; but not including the storage of wrecked vehicles or farm equipment.

   Banks; post office; medical or dental clinics; business or professional offices.

   Convenience store/gas station.

   Customary accessory uses located on the same or adjacent lot with a permitted use.

   Hotel, motel, boarding or lodging houses and dwelling units located on the same lot with such a permitted use.

   Retail stores and shops; lumberyards without manufacturing; restaurants and taverns.

   Service type business such as barbershop; beauty parlor; laundromat; music, dancing, art or photography studio; servicing or repair of home appliances or farm equipment; and similar uses.

   Theaters and bowling alleys. (Ord. 158, 6-15-1978; amd. Ord. 701, 6-14-2012; Ord. 736, 8-28-2014)

   A.   Minimum Lot Size: None specified.

   B.   Maximum Coverage: The amount of the total lot area which may be covered by all principal and accessory buildings shall not exceed eighty percent (80%). (Ord. 158, 6-15-1978)

   C.   Yards:

      1.   Front Yard:

         a.   There shall be a front yard for each lot side abutting a street as shown on the official zoning map.

         b.   The minimum front yard depth shall be seventy feet (70') from the centerline of arterial and collector streets, but no building shall be placed less than thirty feet (30') from any right of way line of any public street.

         c.   If the building is to be constructed in an established block where there are existing buildings, the front yard depth shall be the average of the yard depth of the buildings on the block face where the building is to be located.

      2.   Side Yard: The side yard minimum width is twenty feet (20'). (Ord. 371, 8-8-1996)

      3.   Rear Yard: The rear yard minimum depth is thirty feet (30'). Except that, where the rear yard adjoins another property with a C (Commercial) Zoning classification and where loading and unloading space is not located at the rear of the building and the building is not more than one story in height, the rear yard may be reduced to ten feet (10'). In such case, no vehicular traffic shall be permitted to the rear of the building. (Ord. 371, 8-8-1996; amd. Ord. 736, 8-28-2014)

      4.   Vehicle Parking: Vehicle parking shall not be permitted in the first five feet (5') of all yards. (Ord. 736, 8-28-2014)

      5.   Landscaping: Landscaping shall be placed, maintained in a healthy condition, and replaced as necessary in those areas of all required yards where parking is prohibited, recognizing that some of those areas will contain driveways where landscaping would be impossible. The Village does not specify or require any particular landscaping scheme, preferring to rely on the good faith of its business community, but the landscaping scheme shall include a combination of grass, shrubs, and trees at a minimum, among other landscaping elements. This landscaping requirement is intended to promote aesthetically pleasing development which will protect and preserve the current rural character of the Village and will enhance the public health, safety and welfare. In addition to the foregoing, where a lot abuts a lot in a Residential District, there shall be provided screening as required in chapter 4 of this title. (Ord. 813, 2-21-2019)

      6.   Specific Setbacks: Notwithstanding the foregoing provisions of this section, fuel dispensers, fuel pump islands and detached canopies shall be set back a minimum of twenty feet (20') from all property lines. (Ord. 736, 8-28-2014)

   D.   Building Height: Except as provided in subsection 9-4-6A of this title, no principal building shall exceed thirty feet (30') in height, and no accessory building shall exceed fifteen feet (15') in height.

   E.   Off Street Parking: Off street parking spaces shall be provided as follows:

One off street parking space shall be provided per dwelling unit or lodging unit on the same lot or tract of land of such dwelling unit or lodging unit served. (Ord. 158, 6-15-1978)

 

(Ord. 158, 6-15-1978; amd. Ord. 736, 8-28-2014)

In the case of a use not specifically mentioned in this subsection, the requirements for off street parking facilities shall be the same as for a use which is so mentioned and to which such use is similar as determined by the Zoning Officer. If the use is not similar to a use mentioned above, one space shall be provided for each one hundred seventy five (175) square feet of gross floor area.

   F.   Off Street Loading:

      1.   Loading spaces shall be provided and maintained on the same premises with every building with uses involving the receipt or distribution by vehicles of material or merchandise.

      2.   Such space shall be adequate for standing, loading, and unloading services in order to avoid undue interference with public use of the streets or alleys.

      3.   Loading and unloading space shall not be occupied or considered as any part of the required off street parking.

      4.   The off street loading space to be provided shall include a ten foot by twenty five foot (10' x 25') loading space with a fourteen foot (14') height clearance for every twenty thousand (20,000) square feet or fraction thereof in excess of five thousand (5,000) square feet of building floor.

      5.   Each required loading space shall be served by appropriate means of vehicular access to a street or alley in a manner which will not unreasonably interfere with traffic movement.

      6.   All open loading space shall be graded and paved or otherwise improved with bituminous concrete or portland cement concrete.

      7.   No storage, motor vehicle repair work or service of any kind shall be permitted within any required loading space.

      8.   Off street loading space shall be screened from public view. (Ord. 158, 6-15-1978)

   A.   Purpose: The purpose of the mixed use overlay district is to accommodate retail, service, and office mixed uses that enhance and revitalize commercial districts. The following zoning district provisions represent a commercial zoning classification that permits, rather than mandates, a mix of commercial and residential uses within the same building. The district is intended to accommodate a physical pattern of development often found in neighborhood commercial areas that promote livable community schemes and in areas that can accommodate the need for affordable rental housing.

   B.   Special Use For Mixed Use: All mixed uses will be a special use, and coordinated with the permitted uses described in this Section 9-7A-4. A Mixed Use District is intended to permit a complementary mix of residential and commercial uses in a single district. The procedure to obtain approval of a mixed use special use shall be the same as other special uses described in Article B of Chapter 3 of Title 9 of this Code.

   C.   Applicability: Only properties zoned Commercial are eligible for a special use as provided in this Chapter.

   D.   Permitted Uses: Within the commercial district, only the following uses are permitted for mixed use zoning:

      Automobile service stations and public garages; new or used car sales areas; new or used farm equipment sales areas; but not including the storage of wrecked vehicles or farm equipment.

      Banks; post office; medical or dental clinics; business or professional offices.

      Offices for governmental, educational, professional, and religious organizations.

      Convenience store/gas station.

      Customary accessory uses located on the same or adjacent lot with a permitted use.

      Hotel, motel, boarding or lodging houses and dwelling units located on the same lot with such a permitted use.

      Retail stores and shops; lumberyards without manufacturing; storage facility.

      Restaurants and taverns.

      Service type business such as barbershop; beauty parlor; laundromat; funeral home, music, dancing, art or photography studio; servicing or repair of home appliances or farm equipment; and similar uses.

      Theaters and bowling alleys.

   E.   Mixed Uses/Residential: In a Mixed Use District:

      1.   Residential uses are allowed on the second floor or higher floors. A separate access shall be provided to the residential use.

      2.   Residential uses are allowed on the main floor provided sixty percent (60%) of main floor is used for retail, office or service. A separate access shall be provided to the residential use.

      3.   Residential uses are allowed on a basement level provided there is an egress window and a separate access to the residential use.

   F.   Special Conditions: Mixed Use Districts are subject to the following special conditions:

      1.   There shall be no outside storage of goods, materials, or products. This does not prohibit the display of merchandise for sale.

      2.   All building permit applications are subject to site plan review.

      3.   All provisions in the Zoning Ordinance apply unless there is a specific provision in this chapter to the contrary.

      4.   Residential occupancy per dwelling unit shall be limited to one family and not more than two (2) roomers or boarders.

      5.   The minimum habitable floor area per dwelling unit shall be nine hundred (900) square feet for single-family dwellings and seven hundred (700) square feet per dwelling unit for two-family dwelling units and above.

      6.   Off Street Parking:

         a.   Each dwelling unit shall be provided with a minimum of two (2) off street parking spaces located on the same lot or tract of land as the dwelling served; except, that for two- family dwellings and above, there shall be provided a minimum of two and one-half (21/2) off street parking spaces located on the same lot or tract of land as the dwelling served.

         b.   Such off-street parking space shall total at least three hundred (300) square feet for each space required.

         c.   Along with the residential off-street parking requirement, the commercial district off-street parking requirements pertinent to the specific commercial use must be met. (Ord. 829, 11-18-2020)

The purpose of the CPD commercial planned development district is to create areas that can be developed or redeveloped with maximum flexibility in design; to promote the efficient use of land; and to facilitate an economic arrangement of buildings, circulation systems, land use and utilities while preserving the existing landscape to the greatest extent possible. (Ord. 158, 6-15-1978)

Within the CPD commercial planned development district, the following uses are permitted:

   Banks; post office; medical or dental clinics; business or professional offices.

   Retail stores and shops; restaurants and taverns.

   Service type businesses, such as barbershop; beauty parlor; laundromat; music, dancing, art or photography studio; and servicing or repair of home appliances.

   Theaters and bowling alleys. (Ord. 158, 6-15-1978; amd. Ord. 701, 6-14-2012)

   A.   Size: The CPD commercial planned development district shall be comprised of a parcel or parcels of land not less than five (5) contiguous acres. (Ord. 158, 6-15-1978)

   B.   Yards: There shall be a front yard for each lot side abutting a street as shown on the official zoning map. The minimum front yard depth shall be seventy feet (70') from the centerline of arterial and collector streets, but no building shall be placed less than thirty feet (30') from any right of way line of any public street. (Ord. 158, 6-15-1978; amd. 2012 Code)

   C.   Building Height: Except as provided in subsection 9-4-6A of this title, no principal building shall exceed thirty feet (30') in height, and no accessory building shall exceed fifteen feet (15') in height.

   D.   Off Street Parking: There shall be five and one-half (51/2) off street parking spaces for each one thousand (1,000) square feet of gross floor area. Vehicle parking shall not be permitted in front, side, or rear yard areas.

   E.   Off Street Loading:

      1.   Loading spaces shall be provided and maintained on the same premises with every building with uses involving the receipt or distribution by vehicles of material or merchandise.

      2.   Such space shall be adequate for standing, loading, and unloading services in order to avoid undue interference with the public use of the streets or alleys.

      3.   Loading and unloading space shall not be occupied or considered as any part of the required off street parking.

      4.   The off street loading space to be provided shall include a ten foot by twenty five foot (10' x 25') loading space with a fourteen foot (14') height clearance for every twenty thousand (20,000) square feet or fraction thereof in excess of five thousand (5,000) square feet of building floor.

      5.   Each required loading space shall be served by appropriate means of vehicular access to a street or alley in a manner which will not unreasonably interfere with traffic movement.

      6.   All open loading space shall be graded and paved or otherwise improved with bituminous concrete or portland cement concrete.

      7.   No storage, motor vehicle repair work or service of any kind shall be permitted within any required loading space.

      8.   Off street loading space shall be screened from public view. (Ord. 158, 6-15-1978)