C-3 MARINE COMMERCIAL DISTRICTS
(a)
In C-3 districts except as otherwise provided in this chapter all buildings shall be erected and all land and waterways shall be used only for one or more of the following specified uses:
(1)
All uses as permitted in C-1 districts.
(2)
Boat liveries and marinas.
(3)
Retail sales, servicing and storage of boats, motors and marine supplies except this shall not permit the storage of old boats or barges beyond a reasonable degree of repair, nor shall this permit the dry land storage of any boats or barges for more than one 12-month period.
(4)
Buildings and uses customarily accessory to any of the permitted uses, but which will not be detrimental to adjacent residential districts.
(5)
Publicly owned buildings, public utility buildings, telephone exchanges, transformer stations and substations with service yards, but without storage yards, water and sewerage pumping stations.
(6)
Signs pertaining to the use of the premises on which located or to goods sold or services provided or activities conducted therein, shall be a part of the building and may project not more than 18 inches beyond the face of the wall or front and/or side property line, and shall be attached to and be parallel to the wall of the building fronting the principal street or, in the case of a corner building, on that portion of the side street wall within 50 feet of the principal street.
(b)
Signs pertaining to premises or use of premises not housed in buildings, such sign may be freestanding, but in such case shall observe all yard requirements for structures on the lot on which erected and shall not exceed in display surface an area of 70 square feet, provided that when there is an open front yard, such signs must be set back not less than ten feet from the front lot line or must be set back against the side building wall.
(c)
One nonilluminated sign pertaining to the sale, rental or lease of a building or lot and not exceeding 30 square feet in area for any one building lot.
(Code 1969, § 5.191; Code 1977, § 28-334)
The following uses may be permitted after review of the site plan by the planning commission and under such conditions imposed by the planning commission after completing review as detailed in section 44-842:
(1)
RV parks of less than 26 sites that only permit entire season site rentals, with season extending from May 1 to October 15 of each year. Only class A, class C, fifth-wheel trailers, and travel trailers measuring over 25 feet in length shall be permitted. Pop-up campers or tent camping shall be prohibited. Permanent covered cooking facilities, screened-in structures, or other permanent structures, shall be prohibited. All sleeping, eating, and bathing facilities must be self-contained within each vehicle. All generators must be placed at least 100 feet from any adjacent non-C-3 zoned property line. Generators shall not exceed 75 decibels, measured at 25 feet, and use of "quiet" generators not exceeding 60 decibels are preferred.
(Ord. No. 420, Art. I, 7-24-2023; Ord. No. 424, Art. I, 9-9-2024)
In C-3 districts no building or structure hereafter erected or altered shall exceed 35 feet in height, except as provided in article XXV of this chapter.
(Code 1969, § 5.192; Code 1977, § 28-335; Ord. No. 153, 5-11-1987; Ord. No. 420, Art. I, 7-24-2023)
Editor's note— Ord. No 420, Art. I, adopted July 24, 2023, enacted a new § 44-659 and renumbered the former §§ 44-659—44-670 as §§ 44-660—44-671 as set out herein. The historical notations have been retained with the amended provisions for reference purposes.
Every lot in C-3 districts used as a business or marine commercial use shall have an area sufficient in size to provide an adequate and safe water supply and a safe and adequate sewage disposal system as established by the standards required by the state and county health department.
(Code 1969, § 5.193; Code 1977, § 28-336; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.
In C-3 districts a front yard of not less than ten feet, in addition to one-half the width of the street, shall be required for all buildings and structures. When off-street parking is furnished between the building and a street, all parking facilities shall comply with regulations specified under section 44-560.
(Code 1969, § 5.194; Code 1977, § 28-337; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.
In C-3 districts side yards are not required along an interior side lot line where all walls of buildings abutting such interior side lot line are wholly without windows or other openings and are of fireproof construction, but if the side wall is not of fireproof construction, a side yard of not less than ten feet shall be provided. When an interior business lot abuts a residential lot a side yard of not less than 20 feet shall be provided in addition to the required greenbelt.
(Code 1969, § 5.195; Code 1977, § 28-338; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.
In C-3 districts no side yard is required on the street side of corner lots when the side yard is not used for parking. When parking is furnished in the side yard, on the street side of a corner lot, a side yard of not less than 75 feet shall be provided.
(Code 1969, § 5.196; Code 1977, § 28-339; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.
In C-3 districts a rear yard not less than 20 feet shall be required; where alleys exists the measurements of the rear yard may include the width of the alley.
(Code 1969, § 5.197; Code 1977, § 28-340; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.
In C-3 districts on any lot running through from street to street, a rear yard shall be provided on the rear street conforming to the requirements for front yards on that street.
(Code 1969, § 5.198; Code 1977, § 28-341; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.
All nonresidential uses, when adjacent to a residential district and not separated therefrom by a street or alley, shall provide and maintain in a healthy growing condition a greenbelt buffer strip of trees and shrubs of not less than eight feet in width, along the adjoining property line.
(Code 1969, § 5.199; Code 1977, § 28-342; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.
No commercial or business building shall hereafter be erected or altered in a C-3 district having a first floor area of less than 400 square feet or as otherwise approved by the zoning board of appeals.
(Code 1969, § 5.200; Code 1977, § 28-343; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.
Loading space and off-street parking requirements shall be provided as hereinbefore specified in article VI of this chapter.
(Code 1969, § 5.201; Code 1977, § 28-344; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.
(a)
There shall be no year-round occupancy of any moored watercraft in any marina, and the uses permitted under this article do not contemplate any use of a moored watercraft as a residence or dwelling.
(b)
Any occupancy of a moored watercraft for a continuous period lasting longer than the May 1 to October 15 boating season shall be deemed to be in violation of this restriction and shall subject the watercraft owner and the occupant of the moored watercraft to the penalties, as provided, for violation of this chapter, unless the individual watercraft owner has made application for an extension of time, as herein provided.
(Code 1977, § 28-345; Ord. No. 23-VV, 5-31-1988; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.
(a)
For reasons of extreme hardship, such as mechanical failure or damage to the watercraft or for other meritorious reasons, a watercraft owner may make written application to the city administrator for an extension of time in which to comply with the restriction imposed by section 44-670. Up to three extensions may by granted by the city administrator. No fourth extension is authorized without specific approval of the city council.
(b)
Such application shall be made only by the individual watercraft owners, on his own behalf, and shall state the reasons which would require an extension of time beyond the period limited herein. Such application shall be accompanied by a permit fee payable to the city clerk, in accordance with the schedule of fees adopted by the council.
(c)
The city administrator is hereby granted discretion to grant or deny said application for good cause shown, but shall not extend the waiver beyond 90 days additional, but shall refer any such further application to the city council for a determination.
(Code 1977, § 28-346; Ord. No. 23-VV, 5-31-1988; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.
C-3 MARINE COMMERCIAL DISTRICTS
(a)
In C-3 districts except as otherwise provided in this chapter all buildings shall be erected and all land and waterways shall be used only for one or more of the following specified uses:
(1)
All uses as permitted in C-1 districts.
(2)
Boat liveries and marinas.
(3)
Retail sales, servicing and storage of boats, motors and marine supplies except this shall not permit the storage of old boats or barges beyond a reasonable degree of repair, nor shall this permit the dry land storage of any boats or barges for more than one 12-month period.
(4)
Buildings and uses customarily accessory to any of the permitted uses, but which will not be detrimental to adjacent residential districts.
(5)
Publicly owned buildings, public utility buildings, telephone exchanges, transformer stations and substations with service yards, but without storage yards, water and sewerage pumping stations.
(6)
Signs pertaining to the use of the premises on which located or to goods sold or services provided or activities conducted therein, shall be a part of the building and may project not more than 18 inches beyond the face of the wall or front and/or side property line, and shall be attached to and be parallel to the wall of the building fronting the principal street or, in the case of a corner building, on that portion of the side street wall within 50 feet of the principal street.
(b)
Signs pertaining to premises or use of premises not housed in buildings, such sign may be freestanding, but in such case shall observe all yard requirements for structures on the lot on which erected and shall not exceed in display surface an area of 70 square feet, provided that when there is an open front yard, such signs must be set back not less than ten feet from the front lot line or must be set back against the side building wall.
(c)
One nonilluminated sign pertaining to the sale, rental or lease of a building or lot and not exceeding 30 square feet in area for any one building lot.
(Code 1969, § 5.191; Code 1977, § 28-334)
The following uses may be permitted after review of the site plan by the planning commission and under such conditions imposed by the planning commission after completing review as detailed in section 44-842:
(1)
RV parks of less than 26 sites that only permit entire season site rentals, with season extending from May 1 to October 15 of each year. Only class A, class C, fifth-wheel trailers, and travel trailers measuring over 25 feet in length shall be permitted. Pop-up campers or tent camping shall be prohibited. Permanent covered cooking facilities, screened-in structures, or other permanent structures, shall be prohibited. All sleeping, eating, and bathing facilities must be self-contained within each vehicle. All generators must be placed at least 100 feet from any adjacent non-C-3 zoned property line. Generators shall not exceed 75 decibels, measured at 25 feet, and use of "quiet" generators not exceeding 60 decibels are preferred.
(Ord. No. 420, Art. I, 7-24-2023; Ord. No. 424, Art. I, 9-9-2024)
In C-3 districts no building or structure hereafter erected or altered shall exceed 35 feet in height, except as provided in article XXV of this chapter.
(Code 1969, § 5.192; Code 1977, § 28-335; Ord. No. 153, 5-11-1987; Ord. No. 420, Art. I, 7-24-2023)
Editor's note— Ord. No 420, Art. I, adopted July 24, 2023, enacted a new § 44-659 and renumbered the former §§ 44-659—44-670 as §§ 44-660—44-671 as set out herein. The historical notations have been retained with the amended provisions for reference purposes.
Every lot in C-3 districts used as a business or marine commercial use shall have an area sufficient in size to provide an adequate and safe water supply and a safe and adequate sewage disposal system as established by the standards required by the state and county health department.
(Code 1969, § 5.193; Code 1977, § 28-336; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.
In C-3 districts a front yard of not less than ten feet, in addition to one-half the width of the street, shall be required for all buildings and structures. When off-street parking is furnished between the building and a street, all parking facilities shall comply with regulations specified under section 44-560.
(Code 1969, § 5.194; Code 1977, § 28-337; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.
In C-3 districts side yards are not required along an interior side lot line where all walls of buildings abutting such interior side lot line are wholly without windows or other openings and are of fireproof construction, but if the side wall is not of fireproof construction, a side yard of not less than ten feet shall be provided. When an interior business lot abuts a residential lot a side yard of not less than 20 feet shall be provided in addition to the required greenbelt.
(Code 1969, § 5.195; Code 1977, § 28-338; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.
In C-3 districts no side yard is required on the street side of corner lots when the side yard is not used for parking. When parking is furnished in the side yard, on the street side of a corner lot, a side yard of not less than 75 feet shall be provided.
(Code 1969, § 5.196; Code 1977, § 28-339; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.
In C-3 districts a rear yard not less than 20 feet shall be required; where alleys exists the measurements of the rear yard may include the width of the alley.
(Code 1969, § 5.197; Code 1977, § 28-340; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.
In C-3 districts on any lot running through from street to street, a rear yard shall be provided on the rear street conforming to the requirements for front yards on that street.
(Code 1969, § 5.198; Code 1977, § 28-341; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.
All nonresidential uses, when adjacent to a residential district and not separated therefrom by a street or alley, shall provide and maintain in a healthy growing condition a greenbelt buffer strip of trees and shrubs of not less than eight feet in width, along the adjoining property line.
(Code 1969, § 5.199; Code 1977, § 28-342; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.
No commercial or business building shall hereafter be erected or altered in a C-3 district having a first floor area of less than 400 square feet or as otherwise approved by the zoning board of appeals.
(Code 1969, § 5.200; Code 1977, § 28-343; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.
Loading space and off-street parking requirements shall be provided as hereinbefore specified in article VI of this chapter.
(Code 1969, § 5.201; Code 1977, § 28-344; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.
(a)
There shall be no year-round occupancy of any moored watercraft in any marina, and the uses permitted under this article do not contemplate any use of a moored watercraft as a residence or dwelling.
(b)
Any occupancy of a moored watercraft for a continuous period lasting longer than the May 1 to October 15 boating season shall be deemed to be in violation of this restriction and shall subject the watercraft owner and the occupant of the moored watercraft to the penalties, as provided, for violation of this chapter, unless the individual watercraft owner has made application for an extension of time, as herein provided.
(Code 1977, § 28-345; Ord. No. 23-VV, 5-31-1988; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.
(a)
For reasons of extreme hardship, such as mechanical failure or damage to the watercraft or for other meritorious reasons, a watercraft owner may make written application to the city administrator for an extension of time in which to comply with the restriction imposed by section 44-670. Up to three extensions may by granted by the city administrator. No fourth extension is authorized without specific approval of the city council.
(b)
Such application shall be made only by the individual watercraft owners, on his own behalf, and shall state the reasons which would require an extension of time beyond the period limited herein. Such application shall be accompanied by a permit fee payable to the city clerk, in accordance with the schedule of fees adopted by the council.
(c)
The city administrator is hereby granted discretion to grant or deny said application for good cause shown, but shall not extend the waiver beyond 90 days additional, but shall refer any such further application to the city council for a determination.
(Code 1977, § 28-346; Ord. No. 23-VV, 5-31-1988; Ord. No. 420, Art. I, 7-24-2023)
Note— See editor's note at § 44-660.