The B3 Commercial District classification is established to accommodate a wide range of specialized commercial and business uses, including highway-oriented service and commercial types of establishments to serve a trade area embracing a large segment of the region.

(Code 2012, § 17.42.010; Ord. of 9-28-1966, § 8(E)(part))

Permitted uses in the B3 district are:

(1)

Any of the permitted uses in the B1 district;

(2)

Adult-use cannabis dispensing organization; except that the number of adult-use cannabis dispensing organizations shall be limited to two within the corporate limits of the city. No on-premises consumption of cannabis shall be allowed for an adult-use cannabis dispensing organization located in a B-3 (commercial) zoning district;

(3)

Amusement establishments, bowling alleys, gymnasiums, swimming pools, ice skating rinks and other recreation uses as approved by the city council;

(4)

Animal hospitals;

(5)

Auction rooms;

(6)

Automobile sales establishments;

(7)

Bakeries, including sale of bakery products to restaurants, clubs, hotels, institutions and similar establishments;

(8)

Banks and other financial establishments, excluding drive-in facilities;

(9)

Banquet halls;

(10)

Bicycle sales and or repair;

(11)

Billiards and pool halls;

(12)

Blueprinting and photostatting establishments;

(13)

Boat sales and service establishments;

(14)

Butcher shops;

(15)

Catering establishments;

(16)

Cigar, cigarette and tobacco stores;

(17)

Clothing and costume rental stores;

(18)

Clubs or lodges, private, fraternal, or religious;

(19)

Cocktail lounges, bars and/or nightclubs;

(20)

Coin, philatelic, stamp and numismatic stores;

(21)

Contractors' offices and shops;

(22)

Crematories;

(23)

Currency exchanges;

(24)

Department stores;

(25)

Dry-cleaning and laundry establishments:

(26)

Employment agencies and/or training;

(27)

Feed stores;

(28)

Floor covering, linoleum and tile stores;

(29)

Fraternal, philanthropic, and eleemosynary institutions;

(30)

Frozen food lockers;

(31)

Fuel and ice retail sales establishments with outside storage, provided liquid fuels are stored in underground tanks;

(32)

Funeral homes and parlors;

(33)

Garages, including painting, body and fender work and motor rebuilding;

(34)

Garages, storage, or off-street parking lots and structures, commercial;

(35)

Garden center and supply stores;

(36)

Gun shops;

(37)

Health clubs and personal training centers;

(38)

Highway maintenance shops and yards;

(39)

Home improvement stores;

(40)

Household appliances stores and repair shops;

(41)

Internet cafes;

(42)

Jewelry, watch or clock sales or repair;

(43)

Lawn mower sales and/or service;

(44)

Linen, towel, or diaper service establishments;

(45)

Live bait stores;

(46)

Lumberyards (retail);

(47)

Machinery and equipment sales establishments;

(48)

Mail order houses, order and service centers;

(49)

Meat markets, including sale of meats to restaurants, clubs, hotels, institutions, and similar establishments;

(50)

Medical appliance stores;

(51)

Meeting halls, conventions, or exhibition halls;

(52)

Microbreweries;

(53)

Monument sales;

(54)

Motels and hotels;

(55)

Motion picture and drama theatres;

(56)

Motor vehicle sales and rental or lease establishments;

(57)

Motor vehicle supplies and parts stores;

(58)

Museums;

(59)

Newspaper distribution agencies, for home delivery and retail trade;

(60)

Newspaper offices, including printing;

(61)

Office equipment and supply stores;

(62)

Offices, general;

(63)

Open sales lots;

(64)

Parcel delivery stations;

(65)

Parks, athletic fields and stadiums;

(66)

Party supply stores;

(67)

Pet shops;

(68)

Plumbing, electrical or heating, fixture and equipment, sales, service and repair establishments;

(69)

Police stations;

(70)

Post offices;

(71)

Printing, publishing or lithography establishment's maximum gross floor area of 6,000 square feet;

(72)

Public utility and governmental service uses;

(73)

Radio and television broadcasting studios;

(74)

Research laboratories;

(75)

Residential structures existing on the effective date of the ordinance codified in this chapter;

(76)

Restaurants, including entertainment and serving of alcoholic beverages;

(77)

Schools, commercial or trade, including those teaching music, dancing, business or technical subjects;

(78)

Secondhand stores and rummage shops;

(79)

Sign stores;

(80)

Small engine repair shops;

(81)

Swimming pool sales and/or service;

(82)

Tanning salons;

(83)

Taverns;

(84)

Taxidermists;

(85)

Theaters, but not including outdoor theaters;

(86)

Tobacco shops;

(87)

Trailer sales establishments;

(88)

Travel and ticket agencies;

(89)

Undertaking establishments and funeral parlors;

(90)

Water softener sales and service.

(91)

Accessory uses customarily incidental to the above-permitted uses, including, but not limited to, off-street parking, off-street loading and business signs as regulated in sections 48-1064 through 48-1098.

(92)

Farm implement sales and display and construction equipment sales.

(Code 2012, § 17.42.020; Ord. of 9-28-1966, § 8(E)(1); Ord. No. 2472, 2-25-1980; Ord. No. 2711(part), 4-25-1988; Ord. No. 3976, § 16, 7-1-2013; Ord. No. 4313, § 6, 11-4-2019; Ord. No. 4612. § 3, 2-5-2024)

(a)

Conditionally permitted uses in the B3 district are:

(1)

Other uses similar to the above permitted uses;

(2)

Amusement establishments outdoors, par 3 miniature or pitch and putt golf courses, golf driving ranges, rebound tumbling (trampoline) centers and similar recreation facilities as approved by the city council, on a lot not less than 20,000 square feet in area;

(3)

Automobile laundries, on a lot not less than 20,000 square feet in area and not less than 100 feet in width;

(4)

Cartage, express and parcel delivery establishments, not including motor freight terminals, on a lot not less than one acre in area;

(5)

Drive-in establishments including banks, restaurant and other uses customarily providing drive-in facilities except theaters, location of vehicular ingress and egress and number and location of spaces for parking of automobiles of customers being served or waiting to be served shall be as approved by the planning commission;

(6)

Dwelling units when located above the ground floor on lots no greater than 15,000 square feet;

(7)

Go-cart tracks, installed in accordance with other ordinances and codes of the city, on a lot not less than one acre in area;

(8)

Heliports, on a location recommended by the planning commission and approved by other governmental bodies having jurisdiction;

(9)

Railroad rights-of-way;

(10)

Single-family dwellings when designed as an integral part of a building, the principal use of which is a permitted or conditionally permitted use, and when occupied by the proprietor of such use;

(11)

Accessory uses customarily incidental to the above conditionally permitted uses, including, but not limited to, off-street parking, off-street loading and business signs as regulated in division 2 of this article;

(12)

Signs, advertising, as regulated in division 2 of this article, are included in the conditionally permitted use list;

(13)

Single-family dwelling when a single-family dwelling existed on the premises when zoning went into effect and was subsequently destroyed;

(14)

Planned unit development;

(15)

Pet wash facilities which consist of an enclosed structure which is permanently affixed to the land. A pet wash shall include self-serve pet wash vending stations. For the purposes of this section, the term "pet" means a domestic dog or cat;

(16)

Animal day care centers;

(17)

Animal pounds, shelters, and kennels;

(18)

Automobile repair, garages, painting, nodu [sic] work, motor rebuilding;

(19)

Churches, mosques, synagogues, temples, and other places of worship;

(20)

Colleges and universities;

(21)

Commercial-recreation facilities (indoor and outdoor);

(22)

Convents, monasteries, rectories or parsonages;

(23)

Day care centers;

(24)

Dispensary organization;

(25)

Drive-through facilities;

(26)

Farm implement sales;

(27)

Fire stations;

(28)

Massage therapist;

(29)

Medical appliance stores;

(30)

Model home and garage displays and sales, sheds;

(31)

Packaging and crating establishments (UPS store);

(32)

Pawnshops;

(33)

Public utilities;

(34)

Recreational areas of camps, private or not-for-profit;

(35)

Residential hotel/motel;

(36)

Restaurants, including live entertainment and dancing;

(37)

Religious institution;

(38)

Self-storage facilities (indoor);

(39)

Self-storage businesses within the B3 zoning district are also subject to the following regulations:

a.

Self-storage facilities may not have frontage on Route 47 or Route 6;

b.

Any indoor storage facility shall require site plan approval from the development review committee.

(40)

Seminaries, convents, monasteries;

(41)

Stadiums and arenas;

(42)

Body art establishments;

(43)

Trailer sales establishments;

(44)

Two-family dwellings;

(45)

Utility substations.

(b)

Self-storage businesses within the B3 zoning district are also subject to the following regulations:

(1)

Self-storage facilities may not have frontage on Route 47 or Route 6;

(2)

Any indoor storage facility shall require site plan approval from the development review committee.

a.

Seminaries, convents, monasteries;

b.

Stadiums and arenas;

c.

Tattoo and body piercing establishments;

d.

Trailer sales establishments;

e.

Two-family dwellings;

f.

Utility substations;

(Code 2012, § 17.42.030; Ord. of 9-28-1966, § 8(E)(2); Ord. No. 2603, 1984; Ord. No. 2711(part), 4-25-1988; Ord. No. 3456, § 11, 2-2-2004; Ord. No. 3834, § 2, 6-7-2010; Ord. No. 3876, § 3, 11-7-2011; Ord. No. 3976, § 17, 7-1-2013; Ord. No. 4048, § 4, 11-3-2014; Ord. No. 4088, § 3, 9-8-2015; Ord. No. 4160, § 3, 1-17-2017; Ord. No. 4174, § 4, 4-17-2017; Ord. No. 4613, § 7, 2-5-2024)

Lot area shall be not less than 30,000 square feet and lot width requirements shall be not less than 150 feet, except as may herein otherwise be required for a specific permitted or conditionally permitted use.

(Code 2012, § 17.42.040; Ord. of 9-28-1966, § 8(E)(3); Ord. No. 3455, § 2, 2-2-2004)

There are no height limitations in the B3 district.

(Code 2012, § 17.42.050; Ord. of 9-28-1966, § 8(E)(4))

Floor area ratio shall not exceed 1.0.

(Code 2012, § 17.42.060; Ord. of 9-28-1966, § 8(E)(5))

Yard requirements shall be as follows:

(1)

Front yard: Not less than 40 feet in depth, except when lots of record existing on the effective date of the ordinance codified in this chapter have a lot depth of less than 150 feet, the front yard shall be not less than 20 feet in depth.

(2)

Side yards: Two side yards, neither of which is less than 20 feet in width, except:

a.

A side yard adjoining or across the alley from a residence district shall not be less than 40 feet in width;

b.

A side yard adjoining a street shall be the same as the required front yard.

(3)

Rear yard: Not less than 40 feet in depth, except when lots of record existing on the effective date of the ordinance codified in this article have a lot depth of less than 150 feet, the rear yard shall be not less than 20 feet in depth.

(Code 2012, § 17.42.070; Ord. of 9-28-1966, § 8(E)(6); Ord. No. 3455, § 3, 2-2-2004)

(a)

Awnings, marquees and nonflashing illuminated business signs with no moving parts are permitted subject to applicable regulations set forth in other ordinances of the city and the regulations set forth in sections 48-1093 through 48-1098.

(b)

Flashing signs are permitted but there shall only be one per business establishment and there shall not be more than 15 flashing bulbs for each side of the sign. The flashing parts of the sign shall not constitute more than 25 percent of the entire area of the sign. All of flashing signs shall be subject to the applicable regulations set forth in other ordinances of the city and the regulations set forth in sections 48-1093 through 48-1098.

(Code 2012, § 17.42.080; Ord. of 9-28-1966, § 8(E)(7)(part); Ord. No. 2479, 3-24-1980)

A sign in direct line of vision of any traffic signal shall not have red, green or amber illumination.

(Code 2012, § 17.42.090; Ord. of 9-28-1966, § 8(E)(7)(a))

The gross area in square feet of all signs on a lot shall not exceed three times the linear feet of street frontage of such lot, and no single ground sign shall exceed 300 square feet in area. On a corner or through lot, each lot line adjoining a street shall be considered a separate lot line.

(Code 2012, § 17.42.100; Ord. of 9-28-1966, § 8(E)(7)(b))

One ground sign facing each street which identifies the occupant and a bulletin area for advertising special features therein may be erected in addition to the sign affixed to the building walls. Such ground sign shall be not less than ten feet from any lot line and have a gross surface area of not more than 300 square feet. In a planned development or shopping center, the gross surface area of the ground sign may be in addition to the maximum gross surface area as permitted in section 48-1094.

(Code 2012, § 17.42.110; Ord. of 9-28-1966, § 8(E)(7)(c))

A sign affixed to a building shall not project higher than five feet above building height. A ground sign shall not project higher than 30 feet above the grade below it, except in B3 districts adjoining Interstate Highway 80, illuminated ground signs may exceed 30 feet in height, provided the signs are oriented to freeway traffic and, provided that the sign will not interfere with the use of development of nearby residential areas, and when located within 50 feet of the intersection of two or more streets, it shall have its lowest level not less than eight feet above the grade below it, and when located within three feet of a driveway it shall have the lowest level not less than 12 feet above the grade below it.

(Code 2012, § 17.42.120; Ord. of 9-28-1966, § 8(E)(7)(d))

Signs may have constant illumination provided direct rays of light shall not beam upon an existing dwelling, nor into a residence district, nor into a street. No rotating beam or beacon resembling an emergency light shall be used.

(Code 2012, § 17.42.140; Ord. of 9-28-1966, § 8(E)(7)(f))

A sign whereon the time and/or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the lighting changes are limited to the numerals indicating the time and/or temperature and are not more frequent than every ten seconds.

(Code 2012, § 17.42.150; Ord. of 9-28-1966, § 8(E)(7)(g))

Off-street parking and off-street loading shall be in accordance with regulations set forth in article XXIII of this chapter.

(Code 2012, § 17.42.160; Ord. of 9-28-1966, § 8(E)(8))