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Maumelle City Zoning Code

DIVISION 3

COMMERCIAL

Sec. 94-301. - General information.

The commercial districts established in this division are designed to promote and protect the health, safety, convenience, order, prosperity and other aspects of the general welfare. These goals include, among others, the following more specific purposes:

(1)

To provide sufficient space, at appropriate locations and in proximity to established residential areas, for local retail and service trades catering specifically to the recurring shopping needs of the occupants of nearby residences. Area for retail and service are indicated on the city's interim land use plan and by design do not intrude into the residential areas.

(2)

To provide sufficient and appropriate space, and in particular, sufficient area, to meet the city's anticipated future need for modern, planned commercial developments in neighborhood and community shopping centers. Areas for this purpose have been set aside, as indicated by the interim land use plan.

(3)

To provide sufficient space at appropriate locations for varying types of commercial and miscellaneous service activities that are consistent in their marketing functions. These areas can accommodate those commercial and service uses which either generate heavy traffic or depend upon heavy traffic for their marketing function, and which often require open storage of products for sale, which serve not only the local population but also the traveling public.

Sec. 94-302. - Commercial districts designated.

The C commercial districts shall be cited in this chapter and on the official zoning map of Maumelle, Arkansas as follows:

(1)

C-1 district, village center.

(2)

C-2 district, town center.

(3)

C-3 district, commercial service.

Sec. 94-303. - General zoning district restrictions.

Unless otherwise specifically exempted in the appropriate district, the following restrictions shall apply to all commercial districts:

(1)

Any lighting shall be so placed so as to reflect away from adjacent residential districts. No excessive or unusual noise, odor or vibration shall be emitted so that it constitutes a nuisance which substantially exceeds the general level of noise, odor or vibration emitted by uses adjacent to or immediately surrounding the site. Such comparison shall be made at the boundary of the site.

(2)

All trash receptacles and pickup shall be oriented away from the street side of the property and adequately screened.

(3)

All signage shall be in conformance with the current sign regulations, chapter 58.

(4)

A landscaped area or fencing shall be provided along any side or rear property line which abuts property zoned for residential purposes. The landscaped area or fencing shall have planning commission approval as to location, height, material and construction.

Sec. 94-304. - Conditional temporary use in commercial zones.

Temporary roadside produce stands are allowed in commercial zones under the following provisions:

(1)

An individual or an organized group of vendors may apply to establish a roadside produce stand provided that each of the following requirements are met by the applicant.

(2)

Each vendor must submit a completed vendor application form, and agree to follow all the city produce stands rules and regulations.

(3)

The group or individual applicant vendor shall obtain a temporary business license from the city and the license shall be available for inspection at any time the vendor is operating or preparing to operate under the license.

(4)

Roadside produce stands may be located within a commercial zoning district subject to the following requirements; The applicant vendor must:

a.

Obtain written permission of the property owner, the police chief and the fire chief;

b.

Apply for and receive a conditional use permit;

c.

Show evidence and assurance that no traffic hazard will be created; and

d.

Show evidence and provide assurance of cleanup provisions and how they will be enforced.

(5)

No stand shall be erected or opened before sunrise. Each stand must be closed and completely removed from the premises by sunset of each day that the stand is permitted under this section. The applicant will not leave stands, trailers, campers, motor homes or other vehicle at the location overnight.

(6)

Each stand shall be at least 20 feet from the city public right-of-way.

(7)

Vendor stands should occupy no more than 15 percent of the total parking area of a commercial business and should not impede the required total parking spaces required for the business.

(8)

Stands must be configured in such a way as not to endanger pedestrians or hinder pedestrian traffic or vehicular traffic.

(9)

Vendors who fail to comply with this section, with their submitted cleanup provisions, or with any other law or ordinance, may have their conditional use permit terminated or suspended.

(10)

Freestanding produce price signs shall not be utilized. Directional signs may be used according to and in compliance with applicable sign regulations in the Maumelle City Code. Any signs placed in violation of these or other applicable provisions will be summarily removed.

(11)

Vendors may sell handicraft items. However, handicraft items may not make up more than 25 percent of the total items offered for sale by an applicant.

(12)

Resale of products is prohibited. No used or secondhand products may be sold.

(Ord. No. 640, § 2, 8-20-2007; Ord. No. 748, § 3, 7-6-2010)

Sec. 94-305. - Event center as a conditional use in commercial zones.

(a)

An event center, as more fully described herein, shall be a conditional use in any commercial zone except a C-1 village center zone.

(b)

This provision to conditionally allow the use of a property as an event center is designed to promote the development of property to serve the community's need to host various temporary events. Therefore, the use of a property as an event center in a commercial zone may be allowed under the following conditions:

(1)

A conditional use permit is approved pursuant to the conditional use review process detailed in this chapter;

(2)

No property, building, or occupiable space that is approved for use as an event center pursuant to a conditional use permit may be used for any other purpose whether commercial or residential;

(3)

The use remains in strict compliance with any conditions set forth by the city council or planning commission in the review and approval of the conditional use permit;

(4)

The use is not found by the city to be a public nuisance for any reason including, but not limited to, because of criminal activity, excessive traffic, lack of traffic control, creation of traffic hazards, the emission of dust, noise, gas, smoke, odor, glare, vibration, or any other disturbance at any time during the use;

(5)

The use remains in compliance with applicable building and technical codes;

(6)

No outdoor public address systems may be allowed. No interior public address systems indoor may be used after 11:00 p.m. and cannot be over 100 decibels; and

(7)

No other use is approved or existing in the space for which a condition use permit for operation as an event center is proposed. Proof of abandonment of the previous/approved uses by affidavit of the owner and applicant will satisfy this requirement.

(c)

Violation of any of the foregoing provisions shall constitute grounds for revocation of any conditional use permit for an event center. Officers or officials responsible for enforcement of this chapter shall be authorized to order temporary suspension of the conditional use permit pending a decision by the Maumelle City Council on the revocation of the conditional use permit. A decision on such revocation shall be made by the Maumelle City Council at a public meeting, following a consideration of the allegations of any violations and shall offer an opportunity to the permit holder to defend the permit.

(Ord. No. 724, § 2, 12-7-2009; Ord. No. 784, § 2, 8-1-2011)

Sec. 94-306. - Permissible uses in an event center.

Upon an approval of a conditional use permit for an event center, the following uses are permissible in the facility approved for use as an event center. These uses are intended to be temporary uses within the event center. A conditional use permit granted for the operation of an event center shall not be construed as authority to operate any of the following uses on an on-going or permanent basis. No other conditional use permits shall be issued for any property operating under a conditional use permit as an event center. Prior to issuance of a conditional use permit for an event center, any other uses, including any approved or existing uses, must be abandoned for the property proposed for use as the event center.

Art shows;

Auctions;

Bake sales;

Banquets;

Birthday, anniversary or retirement parties;

Business conventions or seminars;

Business exhibits or tradeshows;

Concerts;

Conferences;

Craft fairs;

Day camps;

Educational activities;

Family reunions;

Food service;

Health fairs;

Job fairs;

Luncheons;

Meetings;

Meetings of service clubs or lodges;

Multifamily consignment sales;

Multifamily garage sales;

Nonprofit organization fundraisers;

Performing arts;

Seasonal sales;

Special church/religious services or events;

Sporting events;

Weddings and receptions.

(Ord. No. 724, § 2, 12-7-2009; Ord. No. 784, § 2, 8-1-2011)

Sec. 94-307. - Certain stand alone uses in commercial zones.

(a)

The following stand alone uses shall be a conditional use in any commercial zone:

(1)

Stand alone automated teller machines (which operate remotely from the controlling financial institution). This does not include ATMs which are classified as an accessory use within the footprint of the controlling financial institution or ATMs that are maintained on the interior of any business.

(2)

Convenience kiosks.

(3)

Ice vending machines.

(b)

This provision to conditionally allow the placement of a stand alone use specifically identified above, is designed to promote the development of property to serve the community's need for access to convenient services. However, in review of any conditional use permit for a stand alone use, special consideration shall be made for traffic safety, potential altering of parking and or landscaping requirements for adjacent or related uses.

(c)

The circulation system for a stand alone use shall be reviewed on a case-by-case basis with special consideration for those proposed uses and any impact such circulation may have on nearby residential use districts.

(d)

Review of a stand alone use shall require a site plan that includes all necessary vehicle drives, parking spaces, and drive-through stacking distances.

(e)

Commercial building design requirements shall apply to any stand alone use unless good cause is shown for a variance of the same.

(Ord. No. 767, § 2, 3-7-2011)

Sec. 94-321. - Purpose.

(a)

The C-1 district is designed to serve the retail needs of the surrounding residential neighborhood. These minor urban concentrations will provide the basic facilities and services most frequently and regularly utilized and required for home life. Individual districts may include retail shops, consumer services, and professional offices.

(b)

The C-1 district shall generally be located at arterial and collector street intersections and within walking distance of residential areas. The design plan of uses in the C-1 district should emphasize landscape screening from adjacent residential areas, and the display of retail goods shall be prohibited outside of buildings.

(c)

Any use which is found by the city to be a public nuisance by reason of the emission of dust, fumes, gas, smoke, odor, glare, noise, vibration or other disturbance is expressly prohibited.

(Ord. No. 779, § 1, 7-5-2011)

Sec. 94-322. - Development criteria.

(a)

In the C-1 district, all business establishments shall only deal directly with the customer. All goods produced on the premises shall be sold exclusively on the premises.

(b)

All permitted uses and all accessory storage, except sale of horticulture nursery products, off-street parking and off-street loading, shall be conducted within completely enclosed buildings.

(c)

Parking, loading and service areas shall be physically separated from all streets by a suitable barrier against unchanneled motor vehicle access or egress.

(d)

No single establishment shall have more than 7,500 square feet of gross leasable floor area.

Sec. 94-323. - District use regulations.

(a)

Permitted uses. The following uses are permitted in the C-1 district:

Antique shops.

Bakery or confectioner (provided that goods baked on the premises shall be offered for sale only on the premises and at retail).

Bank or trust company, savings and loan.

Barbershop.

Beauty shop.

Book, newspaper and magazine store.

Business office.

Cultivation facility.

Dairy products store.

Delicatessen.

Dispensary.

Drugstore.

Dry cleaning/laundry drop-off service shop.

Electronics, computers, videotape shops.

Florists.

Fruit store.

Furniture store.

Gift shop.

Grocery store.

Hardware store.

Horticultural nursery products store.

Household appliance store.

Indoor amusement and recreation establishment.

Jewelry store.

Laundromat.

Laundry and cleaning pickup station.

Market, produce.

Medical and dental clinics.

Offices for professional services.

Photographic supply store.

Restaurant, cafe or tearoom.

Shoe repair shop.

Tailor, pressing, laundry and cleaning shop (including valet services with not more than three pressing machines, and one dry cleaning unit).

Taxicab stand.

Telegraph or messenger service.

Upholstery shop.

Variety and dry goods store.

Vegetable store.

Wearing apparel store.

Wireless communication facilities in compliance with chapter 78.

(b)

Conditional uses. Conditional uses are as follows:

Adult day care centers.

Automobile filling station.

Car washes.

Churches.

Convenience stores.

Day care centers.

Drive-in restaurants.

Elementary and secondary educational facilities.

Health educational facilities.

Public utility buildings and structures.

(Ord. No. 147, § 1, 5-7-1990; Ord. No. 243, § 1, 12-5-1994; Ord. No. 301, § 1(C), 10-20-1997; Ord. No. 332, § 2(G), 1-21-1999; Ord. No. 383, § 1, 11-6-2000; Ord. No. 744, § 2, 5-17-2010; Ord. No. 779, § 2, 7-5-2011; Ord. No. 800, § 2, 6-4-2012; Ord. No. 833, § 1, 1-6-2014; Ord. No. 849, § 2, 5-19-2014; Ord. No. 938, § 2, 7-11-2017; Ord. No. 973, § 2, 5-6-2019)

Sec. 94-324. - Bulk and area regulations.

(a)

Height regulations. In the C-1 district, no building erected or structurally altered shall exceed a height of 35 feet or be more than 2½ stories.

(b)

Area regulations.

(1)

Front yard. There shall be a front yard having a setback of not less than 25 feet from the front property line to the front line of the building. Structural appurtenances that are wholly supported by attachment to the primary structure, i.e., eaves, balconies, awnings, etc., may encroach over the setback by no more than three feet.

(2)

Side yard. Side yard setback shall not be required; except where side yards abut a street or a residential lot line, the side yard setback shall be no less than 25 feet. Structural appurtenances that are wholly supported by attachment to the primary structure, i.e., eaves, balconies, awnings, etc., may encroach over the setback by no more than three feet.

(3)

Rear yard. There shall be a rear yard having a depth of not less than 15 feet; except when abutting a residential area, the rear yard shall not be less than 25 feet. In the case of a corner lot abutting a street and providing a 25-foot exterior side yard (when the lot does not abut residential area), the rear yard may be reduced to not less than eight feet.

(4)

Lot area regulations. The site area for the zoning of the C-1 district shall be not less than one acre. When a request for zoning to C-1 is appended to an existing C-1 district, the proposed new zone may be less than one acre provided the aggregate of the new zone and the existing zone is one or more acres. When the lots in a C-1 zone are under separate ownership and are designed to accommodate separated single buildings, there shall be a lot area of not less than 7,000 square feet. In addition, there shall be a lot width of not less than 70 feet at the building line and a lot depth of not less than 100 feet. The planning commission may consider an exception when the building or the separately owned land is part of and is consistent with the overall design of the adjacent commercial properties.

(5)

Lot coverage. Maximum lot coverage for all principal and accessory buildings shall be 35 percent of the total area of the site.

(c)

Screening requirements. Where a C-1 district abuts a residential district, whether in a shopping center or freestanding strip development arrangement, a landscape screen shall be required. These screens or fences shall have planning commission approval as to location, height, material and construction in accordance with chapter 90.

(d)

Parking requirements. Any area subject to wheeled traffic and devoted to parking, driveways and off-street maneuvering space developed to meet the requirements of this district shall be paved. The minimum pavement requirements shall be as follows: 1½-inch asphaltic concrete hot mix with a six-inch compacted base, or a four-inch concrete slab, subbase compacted to 95 percent density and shall have appropriate bumper guards where needed. See article IV, division 3 of this chapter.

(Ord. No. 872, § 1, 4-20-2015)

Sec. 94-351. - Purpose.

The C-2 district, town center, is the central focus of the greatest concentration of commercial and office activity. Nearby are the sites for educational and health facilities. City government offices, fire, police and other emergency services and the central library may well be located in or adjacent to the C-2 district, town center. These public functions in combination with the major retail shopping, consumer services offices and multifamily residential development will create the greatest concentration of people and vehicles within the city.

Sec. 94-352. - Development criteria.

(a)

In the C-2 district, all commercial uses shall be restricted to closed buildings, except parking lots, plant nurseries, promotional events and the normal pump island services of auto service station operations. In addition, outdoor display of merchandise may be allowed by request in an area equal to half the facade area of the front of the building which contains the requesting business. Certain seasonal or special event sales may be allowed by permit when the owner has a valid privilege license.

(b)

Parking, loading and service areas shall be physically separated from all streets by a suitable barrier against unchanneled motor vehicle access or egress.

Sec. 94-353. - Use regulations.

(a)

Permitted uses. Uses permitted in the C-2 district are as follows:

(1)

Retail sales, service and office uses permitted in the C-1 district and the conditional uses.

(2)

Additional commercial uses:

Automobile service center.

Department store.

Furniture store.

General office buildings.

Hotels.

Household appliance store.

Museums, gallery, libraries.

Radio and TV broadcasting studio.

Restaurants, restaurants with dancing and live entertainment.

Shoe repair shop.

Tailor, pressing, laundry and cleaning shop.

Theater, cinema, stage productions.

Wireless communication facilities in compliance with chapter 78.

(b)

Conditional uses. Conditional uses in the C-2 district are as follows:

(1)

The following non-institutional uses:

Multifamily residential uses as permitted in the R-3 district and subject to the bulk and area regulations of that district.

Adult day care centers.

Day care center.

Liquor stores.

Nursing home or convalescent home.

Outdoor amusement and recreation establishments.

Pet shop.

(2)

Institutional uses delineated as institutional category on the land use plan, and which areas are intended for establishment of public and quasi-public uses complementary to the C-2 district, town center. These uses may include, but are not limited to, the following uses and those of similar character:

Churches.

Educational facilities.

Fire stations.

Government offices.

Health facilities.

Libraries.

Museums.

Police stations.

(Ord. No. 147, § 2, 5-7-1990; Ord. No. 243, § 1, 12-5-1994; Ord. No. 301, § 1(C), 10-20-1997; Ord. No. 563, § 1, 6-5-2005; Ord. No. 744, § 3, 5-17-2010; Ord. No. 802, § 2, 7-2-2012; Ord. No. 832, § 1, 1-6-2014; Ord. No. 1046, § 1, 10-18-2021; Ord. No. 1118, § 2, 5-20-2024)

Sec. 94-354. - Bulk and area regulations.

(a)

Height regulation. No building erected or structurally altered in the C-2 district shall exceed a height as limited by the fire chief.

(b)

Area regulation.

(1)

Front yard. There shall be a front yard having a setback of not less than 25 feet from the front property line to the front line of the building. Structural appurtenances that are wholly supported by attachment to the primary structure, i.e., eaves, balconies, awnings, etc., may encroach over the setback by no more than three feet.

(2)

Side yard. Side yard setbacks shall not be required; except where side yards abut a street or a residential lot line, the side yard setback shall be no less than 15 feet. Structural appurtenances that are wholly supported by attachment to the primary structure, i.e., eaves, balconies, awnings, etc., may encroach over the setback by no more than three feet.

(3)

Rear yard. There shall be a rear yard having a depth of not less than 15 feet; except when abutting a residential area, the rear yard shall not be less than 25 feet. In the case of a corner lot (abutting a street), when providing a 25-foot exterior side yard, the rear yard may be reduced to not less than 15 feet.

(4)

Lot coverage. Maximum lot coverage for all principal and accessory buildings shall be 35 percent of the total area of the site.

(c)

Screening requirements. When a C-2 district abuts a residential district, whether in a shopping center or a freestanding strip development arrangement, a landscape screen shall be required. These screens or fences shall have planning commission approval as to location, height, material, construction and in accordance with chapter 90.

(d)

Parking requirements. Any area subject to wheeled traffic and devoted to parking, driveways and off-street maneuvering space developed to meet the requirements of this district shall be paved. The minimum pavement requirements shall be as follows: 1½-inch asphaltic concrete subbase hot mix with a six-inch compacted base; or four-inch concrete slab, compacted to 95 percent density and shall have appropriate bumper guards where needed. See article IV, division 3 of this chapter for required parking space.

(e)

Signs. All signage shall be in conformance with city sign regulations, chapter 58.

(Ord. No. 872, § 2, 4-20-2015)

Sec. 94-371. - Purpose.

Commercial service centers are the intended locations for retail sales, service and storage establishments serving the city population and the firms within the industrial park and town center. These essential activities, which may involve some disturbance to adjacent uses if in closer proximity to residential areas, are to be located east of Maumelle Boulevard at selected locations. No residential uses are intended for location in the C-3 district except only as living quarters for caretakers, and/or watchmen and their families.

Sec. 94-372. - Development criteria.

(a)

The open storage of retail and wholesale goods in conjunction with business establishments is permitted in the C-3 district.

(b)

Parking, loading or service areas shall be physically separated from all streets by a suitable barrier against unchanneled motor vehicle access or egress.

Sec. 94-373. - Use regulations.

(a)

Permitted uses. Permitted uses in the C-3 district are as follows:

(1)

All retail sales and service uses permitted in the C-1 district, Village Center.

(2)

The following additional commercial uses:

Animal boarding place or veterinarian's clinic.

Automotive uses:

 Auto, truck and trailer rental lot.

 Car washes.

 New and used sales and service.

 Parking and storage garages and lots.

 Parts and supply stores.

 Repair garages and body shops.

Building supply.

Contractor's office and equipment yard.

Farm implement sales and service.

Funeral parlor undertaking.

Hardware store.

Horticultural nursery products store.

Household equipment and machine repair and servicing.

Laundry and dry cleaning plant.

Marine supply and equipment.

Printing and publishing.

Upholstering shop.

Vocational and trade schools.

Warehouse, general.

Warehouse, mini and storage.

Wholesale sales and storage.

(b)

Conditional uses. Conditional uses are as follows:

(1)

The following commercial uses shall be conditional uses regardless of whether they are located on property which shares a common property line with property zoned residential:

Adult day care center.

Cemeteries.

Churches.

Day care center.

Educational facilities (other than vocational and/or trade schools).

Health facilities.

Office buildings.

Outdoor amusement and recreation establishments.

(2)

The following commercial uses shall be conditional uses when located on property which shares a common property line with property zoned residential:

Animal boarding place or veterinarian's clinic.

Automotive uses:

 Auto, truck and trailer rental lot.

 Car washes.

 Parking and storage garages and lots.

 Parts and supply stores.

 Repair garages and body shops.

 New and used sales and service.

Building supply.

Contractor's office and equipment yard.

Farm implement sales and service.

Funeral parlor undertaking.

Hardware store.

Horticultural nursery products store.

Household equipment and machine repair and servicing.

Laundry and dry cleaning plant.

Marine supply and equipment.

Printing and publishing.

Upholstering shop.

Vocational and trade schools.

Warehouse, general.

Warehouse, mini and storage.

Wholesale sales and storage.

(Ord. No. 147, § 3, 5-7-1991; Ord. No. 243, § 1, 12-5-1994; Ord. No. 301, § 1(C), 10-20-1997; Ord. No. 332, § 2(I), 1-21-1999; Ord. No. 395, § 1, 7-2-2001; Ord. No. 744, § 4, 5-17-2010; Ord. No. 849, § 3, 5-19-2014; Ord. No. 1118, § 3, 5-20-2024)

Sec. 94-374. - Bulk and area regulations.

(a)

Height regulation. No building which is not an office building erected or structurally altered in the C-3 district shall exceed a height of 35 feet or be more than 2½ stories. Office buildings shall not exceed a height of four stories.

(b)

Area regulations.

(1)

Front yard. There shall be a front yard having a setback of not less than 25 feet from the front property line to the front line of the building. Structural appurtenances that are wholly supported by attachment to the primary structure, i.e., eaves, balconies, awnings, etc., may encroach over the setback by no more than three feet.

(2)

Side yard. Side yard setback shall not be required; except where side yards abut a street or a residential lot line, the side yard setback shall be no less than 25 feet. Structural appurtenances that are wholly supported by attachment to the primary structure, i.e., eaves, balconies, awnings, etc., may encroach over the setback by no more than three feet.

(3)

Rear yard. There shall be a rear yard having a depth of not less than 15 feet, except when abutting a residential area, the rear yard shall not be less than 25 feet. In the case of a corner lot (abutting a street), however, when providing a 25-foot exterior side yard, the rear yard may be reduced to not less than eight feet.

(4)

Lot coverage. Maximum lot coverage for all principal and accessory buildings shall be 35 percent of the total area of the site.

(c)

Screening requirements. When a C-3 district abuts a residential district, whether in a shopping center or a freestanding strip development arrangement, a landscape screen shall be required. These screens or fences shall have planning commission approval as to location, height, material, construction and in accordance with chapter 90.

(d)

Parking requirements. Any area subject to wheeled traffic and devoted to parking, driveways and off-street maneuvering space developed to meet requirements of this district shall be paved. The minimum pavement requirements shall be as follows: 1½-inch asphaltic concrete hot mix with a six-inch compacted base, or a four-inch concrete slab, subbase compacted to 95 percent density and shall have appropriate bumper guards where needed. See article IV, division 3 of this chapter for required parking spaces.

(e)

Signs. All signage shall be in conformance with the city's sign regulations, chapter 58.

(Ord. No. 872, § 3, 4-20-2015)

Sec. 94-391. - Characteristics.

(a)

The characteristics of the C-4 highway commercial district are that the district is an area for retail establishments which cater to the traveling public. Lot sizes, highway ingress and egress, setback requirements, and the design of the individual sites are intended to provide for motorists' needs, yet maintain adequate, safe, attractive facilities with minimal marginal traffic interference. No residential uses are intended for location in the C-4 district except only as living quarters for caretakers, and/or watchmen and their families.

(b)

This zoning is intended to reference highway travel along Interstate Highway 40 and State Highway 365.

(Ord. No. 182, § 2A(5.5), 10-7-1991)

Sec. 94-392. - Development criteria.

(a)

In the C-4 district, the open storage of retail and wholesale goods in conjunction with business establishments is permitted subject to section 94-394.

(b)

Parking, loading or service areas shall be physically separated from all streets by a suitable barrier against unchanneled motor vehicle access or egress.

(Ord. No. 182, § 2A(5.5.1), 10-7-1991)

Sec. 94-393. - Use regulations.

(a)

Permitted uses. Uses permitted in the C-4 district are as follows:

(1)

All retail sales and service uses permitted in the C-1 district, village center, and C-3 district, commercial service.

(2)

Additional commercial uses are as follows:

Automobile filling stations.

Automobile service center.

Department store.

Furniture store.

General office buildings.

Government facilities.

Hotel.

Liquor stores.

Radio and TV broadcasting studio.

Restaurant.

Retail stores that cater primarily to the nonresident traveling public.

Theater, cinema, stage productions.

Truck stops.

(b)

Conditional uses. Conditional uses are as follows:

Cemeteries.

Churches.

Education facilities.

Office buildings.

Outdoor amusement and recreation establishments.

(Ord. No. 182, § 2A(5.5.2), 10-7-1991; Ord. No. 1118, § 4, 5-20-2024)

Sec. 94-394. - Bulk and area regulations.

(a)

Height regulation. No building in the C-4 district which is not an office building or hotel, erected or structurally altered shall exceed a height of 35 feet or be more than 2½ stories. Office buildings shall not exceed a height of four stories and hotels ten stories.

(b)

Area regulations.

(1)

Front yard. There shall be a front yard having a setback of not less than 35 feet from the front property line to the front line of the building. Structural appurtenances that are wholly supported by attachment to the primary structure, i.e., eaves, balconies, awnings, etc., may encroach over the setback by no more than three feet.

(2)

Side yard. There shall be a side yard having a setback of not less than 25 feet; except where side yards abut a street or a residential lot line, the side yard setback shall be no less than 35 feet. Structural appurtenances that are wholly supported by attachment to the primary structure, i.e., eaves, balconies, awnings, etc., may encroach over the setback by no more than three feet.

(3)

Rear yard. There shall be a rear yard having a depth of not less than 15 feet; except when abutting a residential area, the rear yard shall not be less than 25 feet. In the case of a corner lot (abutting a street), however, when providing a 25-foot exterior side yard, the rear yard may be reduced to not less than eight feet.

(4)

Lot coverage. Maximum lot coverage for all principal and accessory buildings shall be 35 percent of the total area of the site.

(c)

Screening requirements.

(1)

When a C-4 district abuts a residential district, whether in a shopping center or a freestanding strip development, or single building arrangement, a landscape screen shall be required. These screens or fences shall have planning commission approval as to location, height, material, construction and be in accordance with chapter 90.

(2)

All products offered for sale will be inside a completely closed building or behind a permanent ornamental wall, fencing or planting such that it cannot be seen by a person standing on ground level; however, no screening shall be required to be in excess of six feet in height.

(d)

Parking requirements.

(1)

Any area subject to wheeled traffic and devoted to parking, driveways and off-street maneuvering space developed to meet requirements of this district shall be paved. The minimum pavement requirements shall be as follows: 1½-inch asphaltic concrete hot mix with a six-inch compacted base, or a four-inch concrete slab, subbase compacted to 95 percent density and shall have appropriate bumper guards where needed. See article IV, division 3 of this chapter for required parking spaces.

(2)

All driveways and parking lots shall be ample for the land use; they will be designed to keep marginal highway traffic interference to a minimum.

(e)

Signs. All signage shall be in conformance with the city's sign regulations, chapter 58.

(Ord. No. 182, § 2A(5.5.3), 10-7-1991; Ord. No. 872, § 3, 4-20-2015)