This district is intended to provide for commercial and retail uses which serve both local and transient trade. The district is intended for areas adjoining major and minor collector streets where a wide range of automobile related service facilities, convenience goods and personal services are desirable and appropriate as land uses. (Ord. 256 art. III § 5A, 1993)

   A.   Development standards in the C-1 district are:

      1.   Minimum lot area: Five thousand (5,000) square feet;

      2.   Minimum lot width: Sixty feet (60');

      3.   Minimum lot depth: Seventy feet (70');

      4.   Minimum front setback: Twenty five feet (25');

      5.   Minimum side setback: Seven feet (7');

      6.   Minimum rear setback: Fifteen feet (15');

      7.   Maximum height: Forty five feet (45').

   B.   All development in this zoning district must meet the standards contained in chapters 17.48, 17.52 and 17.56 of this title and the permissible and nonpermissible designs contained in appendix A of the zoning ordinance, which is on file in the office of the village clerk. (Ord. 256 art. III § 5B, 1993)

Permitted uses in the C-1 district include:

Banks without drive-through service.

Charitable or school sponsored drop off bins for recycling of cans, newspapers or similar items, for drop off of clothes and small items. Bins shall be located in the parking lots of businesses within the C-1 zone or other public or semipublic property when written permission is granted by the property owner or business owner. Said bins shall be kept in a neat and orderly manner.

Christmas tree sales lots, Halloween pumpkin sales, and other holiday sales subject to not more than forty (40) calendar days of site occupation and operation in any one calendar year.

Eating establishments without drive-through service.

Farmers markets.

Indoor theaters and related entertainment establishments.

Outdoor display and sales located within commercial zoned properties subject to the appropriate conditions of this code. Items for display and sales are restricted to regularly stocked merchandise.

Personal item repair shops.

Personal service establishments.

Professional offices.

Retail sales and service establishments.

Studios.

Veterinary and kennel establishments. (Ord. 282, 1996: Ord. 256 art. III § 5C, 1993)

Temporary uses in the C-1 district include:

Carnivals, rodeos, parades or similar outdoor entertainment or enterprises, subject to not more than five (5) calendar days of operation in any calendar year. Requests exceeding those time limitations will require the submittal and approval of a conditional use permit.

Contractor's offices and storage yards on the site of an active construction project.

Mobile home residences for security purposes on the site of an active construction project.

Outdoor art and craft shows and exhibits, subject to not more than three (3) calendar days of operation or exhibition in any sixty (60) calendar day period. (Ord. 282, 1996: Ord. 256 art. III § 5D, 1993)

Conditional uses require a conditional use permit. Conditional uses in the C-1 district include:

Adult entertainment enterprises.

All enterprises with drive-through service.

Bus terminals and private vehicle service stations.

Clubs and lodges.

Hospitals and clinics.

Hotels or motels.

Liquor sales establishments.

Mortuaries.

Outdoor theaters.

Public and private utility buildings.

Public buildings. (Ord. 256 art. III § 5E, 1993)

   A.   Front and side yards shall be landscaped with native vegetation except for necessary walks and drives.

   B.   All required landscaping shall be permanently maintained in a healthy and thriving condition, free from weeds, trash and debris. (Ord. 256 art. III § 5F, 1993)

All light sources shall be shielded in such a manner that the light is directed away from streets and/or adjoining properties. (Ord. 256 art. III § 5G, 1993)

   A.   Setbacks may be increased by the governing body in situations where additional distance would help to mitigate or alleviate potential problems or hazards.

   B.   A minimum setback of twenty five feet (25') shall be required wherever a lot in the C zone abuts a lot in any residential zone. (Ord. 256 art. III § 5H, 1993)

All parking requirements shall conform to chapters 17.48, 17.52 and 17.56 of this title and the permissible and nonpermissible designs contained in appendix A of the zoning ordinance, which is on file in the office of the village clerk. (Ord. 256 art. III § 5I, 1993)

Outside sales shall be allowed within the village of Hatch limits between the hours of eight o'clock (8:00) A.M. and dusk with the following stipulations: Any person operating as a vendor/merchant engaging in outdoor sales of food, beverages, goods or merchandise must first obtain a vendor permit from the village of Hatch.

   A.   Required: It shall be unlawful for any temporary merchant/vendor to sell, display or offer for sale any food, beverage, goods or merchandise without first obtaining a vendor permit from the village of Hatch.

   B.   Application: The application for a vendor permit shall contain all information relevant and necessary to determine whether a particular permit may be issued, including, but not limited to:

      1.   Proof of the identity and business address of the applicant;

      2.   A brief description of the nature and character of the food, beverages, goods or merchandise to be sold;

      3.   A description of the proposed location of the vending business;

      4.   Written permission of the property owner upon which the goods, wares or merchandise are to be sold;

      5.   Proof of a valid state gross receipts tax identification number;

      6.   A signed copy of an agreement which will indemnify and hold the village harmless from and against all claims, liabilities, damages, losses and expenses, including attorney fees arising out of any bodily injury, illness or death or any other injury, or for property damage caused by the negligent act or omission of the temporary vendor.

   C.   Fees; Exemptions: Before conducting business or operating within the village limits, a permit fee shall be paid in advance for each location, in the following respective amounts:

      1.   Fruit, vegetable and other agricultural produce vendors doing business at a temporary location with produce purchased for that purpose: Forty dollars ($40.00) per day;

      2.   Stocks or samples of goods, wares or merchandise and offering the same for sale at public auction, private sale or house to house, either at the present or future, shall first purchase a vendor permit from the village office in the amount of thirty five dollars ($35.00) per day;

      3.   Exemptions from permit fees shall be as follows:

         a.   Residents within the village limits may hold garage sales on their lots or property no more than three (3) times per year for a maximum of three (3) days each time so long as the merchandise is from their home or property;

         b.   Church and civic clubs that hold events to raise money to be used in the village or traditional fiestas shall be exempt from paying a vendor permit fee provided that such events are no more than semiannual and shall not last for more than three (3) consecutive days.

   D.   Vendor Permit To Be Carried; Transfer Prohibited:

      1.   The vendor permit issued to a vendor under this section, shall be carried with the vendor while he is engaged in the business of vending;

      2.   Vendor permits shall be used only by the person to whom they were issued and may not be transferred to any other person.

   E.   Suspension Or Revocation:

      1.   Any vendor permit issued under this section may be suspended or revoked for any of the following reasons:

         a.   Fraud or misrepresentation in the application for the permit;

         b.   Fraud or misrepresentation in the course of conducting the business of vending;

         c.   Conducting the business of vending contrary to the conditions of the permit;

         d.   Conducting the business of vending in such a manner as to create a public nuisance or constitute a danger to the public health, safety or welfare.

      2.   Upon suspension or revocation of a vendor permit under this section, the village shall deliver written notice to the permit holder stating the action taken and the reasons supporting such action. The written notice shall be delivered to the permit holder's place of business or mailed to the permit holder's last known address.

   F.   Appeals: Persons who are denied vendor permits under this section or whose permit has been suspended or revoked may appeal such decision by filing a written notice of appeal with the governing body. The appeal must be filed within three (3) working days after receipt of the notice of denial, suspension or revocation. The governing body shall hear and determine the appeal and the decision of the governing body thereon shall be final.

   G.   Penalty For Violation: Any person operating as a vendor without first obtaining a vendor permit as required by this section or otherwise violating any provision of the section shall, upon conviction, be punished in accordance with section 5.08.060, "Violation; Penalty", of this code.

   H.   Restriction Applicable To All Vendors:

      1.   Stands: Vendor stands shall not:

         a.   Impede motor vehicle traffic, pedestrian traffic or create any hazard by obstructing the view of motor vehicle traffic, even if the merchandise is totally upon the property being used by the permittee;

         b.   Have any apparatus connected to or attached to a building or stand which hangs over any public right of way or is less than seven feet (7') above ground level;

         c.   Exceed a total area of one hundred (100) square feet;

         d.   Impede access to the entrance of any adjacent building or driveway;

         e.   Be located within one hundred feet (100') of a fire station or police station.

      2.   Removal Of Trash: All trash and debris accumulating on the lot or within fifty feet (50') of the lot of any vending stand shall be collected by the vendor and removed from the vicinity.

   I.   Definitions: The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

   PUBLIC STREET OR SIDEWALK: Means and includes all areas legally open to public use as public streets, sidewalks, roadways, highways, parkways, alleys and any other public way.

   STAND: Any newsstand, table, bench, booth, open air tent, rack, handcart, pushcart or any other fixture or device which is not required to be licensed and registered by the department of motor vehicles, used for the display, storage or transportation of article offered for sale by a vendor.

   VENDOR/MERCHANT: Any person, including an employee or agent of another, who sells or offers to sell food, beverages, goods or merchandise on any public street, sidewalk or property, from a stand, motor vehicle or from his person, or one who travels by foot, wagon, motor vehicle, pushcart or any other method of transportation from house to house or street to street selling or offering to sell food, beverages, goods or merchandise. (Ord. 337, 2006)

   A.   Accessory structures shall be located in the rear of or on the side of the main building(s) not facing the street.

   B.   Accessory structures shall meet all setback requirements. (Ord. 256 art. III § 5K, 1993)