Mount Pleasant City Zoning Code
10.10 Commercial
Zones
10.10.010.1 PURPOSE.
A. The general commercial zone (C-G) is established to provide a district primarily for the accommodation of commercial uses and commercial areas which have been established in locations other than the central business district of the city. Though this zone will be applied to areas which have developed as "strip commercial" developments along major streets and highways, it shall not be used to promote or establish areas in which such development can be prolonged or encouraged in violation of good planning principles.
B. Though the C-G zone is applied to the existing commercial area which has a variety of characteristics, the provisions contained herein should be used to encourage greater integrity and aesthetic improvements as this area is redeveloped, expanded and improved. Integrated and coordinated landscaping, parking, ingress and egress, signing and building design should be encouraged and regulated through the use of site plan approval procedures. New construction should be in harmony with the characteristics of the surrounding developed commercial and residential areas.
10.10.010.2 PERMITTED USES.
Those uses or categories of uses as listed in MPMC 10.10.010.3, MPMC 10.10.010.4, and MPMC 10.10.010.5, and no others, are permitted in the C-G zone.
10.10.010.3 PRINCIPAL USES.
The following principal uses and structures, and no others, are permitted in the C-G zone:
Air conditioning, sales and service.
Antique, import or souvenir shop.
Apartment or multiple-family dwelling.
Archery shop and range, provided conducted within a completely enclosed building.
Art and artists’ supply store.
Art shop or gallery.
Athletic and sporting goods store.
Athletic club.
Automobile parts sales.
Bakery.
Bank or financial institution/services.
Barbershop.
Beauty school, beauty shop.
Bicycle sales and service.
Billiard parlor.
Boat sales and service.
Bookstore.
Bowling alley.
Building materials sales.
Camera store.
Candy store.
Car wash.
Carpenter and cabinet shop.
Carpet and linoleum sales.
Clinics, medical or dental.
Clothing store.
Computer store.
Copy center.
Costume rental.
Delicatessen.
Dollar store.
Drapery and curtain store.
Dry cleaning.
Electronic equipment sales and service.
Employment agency.
Fabric.
Farm implement sales.
Florist shop.
Fruit stand.
Furniture sales.
Gift store.
Glass sales and service.
Government buildings or uses, nonindustrial.
Greenhouse and nursery.
Grooming cats and dogs.
Gunsmith.
Hardware store.
Health club, health food store.
Hobby and crafts store.
Hospital supplies.
Hotel.
Household cleaning.
Ice cream manufacture.
Ice cream parlor.
Ice manufacture.
Insulation sales.
Insurance agency.
Interior decorating.
Janitor service and supply.
Jewelry store sales and service.
Laboratory, dental and medical.
Laundromat.
Law office.
Lawnmower sales and service.
Leather goods.
Library.
Locksmith.
Machine shop.
Medical office.
Mobile home sales and service.
Monument sales.
Mortuary.
Motel.
Motorcycle sales and service.
Music store.
Needlework, embroidery or knitting store.
Nightclub.
Nursery school.
Office machines sales and service.
Office supply.
Optometrist.
Ornamental iron.
Paint or wallpaper store.
Park and playground.
Pawnshop.
Pest control service.
Pet store.
Pharmacy.
Photo studio.
Pool hall.
Post office.
Printer.
Real estate agency.
Reception center.
Recreation center.
Rental agency.
Restaurant.
Rollerskating rink.
Secondhand store.
Sewing machine sales and service.
Shoe repair, shoe store.
Sign shop.
Supermarket.
Taxidermist.
Theater.
Tobacco shop.
Toy store.
Trade or industrial school.
Trailer sales and service.
Travel agency.
Upholstery shop.
Variety store.
Warehouse storage, wholesale business.
10.10.010.4 ACCESSORY USES.
Accessory uses and structures are permitted in the C-G zone, provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following:
Accessory buildings such as garages, carports, equipment storage buildings, and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the C-G zone.
Temporary storage of materials used for construction of buildings, including the contractor’s office; provided, that such use be located on the building site or immediately adjacent thereto; and provided further, that such use shall be permitted only during the construction period and thirty (30) days thereafter.
10.10.010.5 CONDITIONAL USES.
The following uses and structures are permitted in the C-G zone only after a conditional use permit has been issued by the planning commission, and subject to the terms and conditions thereof:
Amusement parks.
Animal hospital, small animals only, and provided conducted within a completely enclosed building.
Arcade.
Auction establishment.
Automobile repair, including paint, body and fender, brake, muffler, upholstery or transmission work, provided work is conducted within a completely enclosed building.
Beer parlor, sale of draft beer.
Church, temporary revival.
Circus, carnival or other transient amusement.
Dance hall.
Express and transfer service.
Liquor store.
Lumberyard.
Massage establishment.
Miniature golf.
Parking lot or garage for passenger automobiles.
Public utilities substation.
Shooting gallery.
Single-family residential units, land usage as specified on conditional use permits.
Tanning salon.
Theater, outdoor.
Travel trailer parks.
Truck terminal.
Used car lot.
10.10.010.6 LOT AREA.
There shall be no minimum lot area requirements in the C-G zone, except as may be dictated by off street parking requirements, adequate circulation and proper site use.
10.10.010.7 LOT WIDTH.
No requirement.
10.10.010.8 LOT FRONTAGE.
Each lot or parcel of land in the C-G zone shall have frontage on a public street for a minimum distance of thirty five feet (35').
10.10.010.9 EXISTING LOTS.
Lots or parcels of land which were created prior to the application of the C-G zone shall not be denied a building permit solely for reasons of nonconformance to the parcel requirements of this section.
10.10.010.10 MINIMUM ZONE AREA.
Each single C-G zone zoning district shall contain a minimum of two (2) acres, except those existing, previously developed commercial facilities and areas to which the C-G zone is applied.
10.10.010.11 YARD REQUIREMENTS.
The following minimum yard requirements shall apply in the C-G zone:
A. Front Yard: There shall be no front yard requirement, except as may be dictated by provisions of the building code.
B. Side Yard: Except as provided in subsections C, D and E of this section, each lot or parcel of land in the C-G zone shall have a side yard of at least ten feet (10') when located adjacent to a residential zone. There shall be no requirements in those instances where the side property line abuts a commercial or industrial zone.
C. Side Yard; Corner Lots: On corner lots, the side yard contiguous with the street shall be not less than five feet (5') in width, and shall not be used for vehicular parking. The area shall be appropriately landscaped except those portions devoted to access and driveway use.
D. Side Yard; Driveway: When used for access to any garage, carport or parking area having less than five (5) parking spaces, a side yard shall be wide enough to accommodate an unobstructed twelve foot (12') paved driveway. When used for access to a garage, carport or parking area having six (6) or more parking spaces, a side yard shall be wide enough to provide an unobstructed twelve foot (12') paved driveway for one-way traffic, or a sixteen foot (16') paved driveway for two-way traffic.
E. Side Yard; Accessory Building: An accessory building may be located on a side property line if, and only if, all of the following conditions are met:
1. An accessory building has no openings on the side which is contiguous to the property line, and the wall of the building adjacent to the property line has a four (4) hour fire retardant rating;
2. The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected; and
3. The accessory building does not encroach onto any easement.
F. Rear Yard: There shall be no rear yard requirements, except as may be dictated by provisions of the building code.
G. Rear Yard; Accessory Buildings: There shall be no requirement, except as may be dictated by provisions of the building code.
10.10.010.12 PROJECTIONS INTO YARDS.
In the C-G zone:
A. The following structures may be erected on, or projected into, any required yard, except into a required driveway:
1. Fences and walls in conformance with city codes and ordinances;
2. Landscaping elements, including trees, shrubs and other plants;
3. Necessary appurtenances for utility service.
B. The structures listed below may project into a minimum front or rear yard not more than four feet (4'), and into a minimum side yard not more than two feet (2'), except that required driveways shall remain unobstructed from the ground upward:
1. Cornices, eaves, belt courses, sills, buttresses or other similar architectural features;
2. Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes or masonry planters not exceeding twenty four inches (24") in height; and
3. Carports and loading docks in a side yard or rear yard; provided, that such a structure is not more than one story in height and is entirely open on at least three (3) sides, except for necessary supporting columns and customary architectural features.
10.10.010.13 BUILDING HEIGHT.
In the C-G zone, the height of every building or structure hereinafter designed, erected or structurally altered or enlarged shall be regulated by conformance to the requirements of the most recent edition of the building code as adopted by action of the city council.
10.10.010.14 DISTANCE BETWEEN BUILDINGS.
No requirements, except as may be dictated by provisions of the building code.
10.10.010.15 LOT COVERAGE.
There are no lot coverage requirements in the C-G zone, except as may be dictated by yard requirements, landscaping requirements and compliance with off street parking provisions.
10.10.010.16 PARKING, LOADING AND ACCESS.
A. Each lot or parcel in the C-G zone shall have, on the same lot or parcel, automobile parking sufficient to meet the requirements as set forth in MPMC 10.22. All parking spaces shall be paved with asphaltic cement or concrete, and shall be provided with adequate drainage which shall not run across a public sidewalk.
B. Parking spaces shall not be provided within a required front yard or side yard adjacent to a public street.
10.10.010.17 SITE PLAN APPROVAL.
Prior to the construction of any building in the C-G zone, a site plan shall be submitted to and be approved by the planning commission. The site plan shall be drawn to scale and shall contain the following information:
A. The location of all existing and proposed buildings and structures on the site, with full dimensions showing distances between buildings and distances from buildings to adjacent property lines;
B. The location of all parking spaces, driveways, loading and dock areas, and points of vehicular ingress and egress;
C. A landscaping plan showing the location, types and initial sizes of all planting materials to be used, together with the location of fences, walls, hedges and decorative materials;
D. Preliminary elevations of all main buildings showing the general appearance and types of external materials.
10.10.010.18 SIGNS.
All signs erected in the C-G zone shall be in conformance with the sign provisions of MPMC 10.34.
10.10.010.19 USES WITHIN BUILDINGS.
All uses established in the C-G zone shall be conducted entirely within a fully enclosed building, except those uses deemed by the planning commission to be customarily and appropriately conducted in the open. Such uses may include, but would not be limited to, service stations, ice skating, miniature golf, plant nurseries, etc.
10.10.010.20 LANDSCAPING.
The following provisions shall apply in the C-G zone:
A. Required front yard areas, and required side yard areas adjacent to a public street, except those portions devoted to driveways, shall be maintained with suitable landscaping of plants, shrubs, trees, grass and similar landscaping materials.
B. Parking areas shall be landscaped where possible around the periphery and at the ends of parking rows in accordance with the landscaping plan approved as part of the site plan approval procedure.
10.10.010.21 TRASH STORAGE.
In the C-G zone:
A. No trash, used materials, or wrecked or abandoned vehicles or equipment shall be stored in an open area.
B. Containers for storage of trash of a size, type and quantity approved by the city shall be maintained in a location approved by the planning commission in conjunction with the approval of the development plan. All such containers must be screened from public streets and adjacent properties with an opaque screening fence or wall at least six feet (6') in height, and shall be easily accessible by collection vehicles. All trash enclosures must be at a minimum of fifty feet (50') from any single-family zone.
10.10.010.22 WALLS AND FENCES.
In the C-G zone:
A. Fences, walls or hedges shall comply with MPMC 10.18.110.
B. Where a commercial development adjoins any lot or parcel of ground in any residential zone, there shall be provided along the adjoining property line a decorative, sight obscuring fence, a ten foot (10') wide planting strip or any combination of fencing or landscaping which, in the opinion of the planning commission, adequately protects the adjoining residential property. The protection strip may include raised or mounded landscaping and plantings in order to provide a suitable visual barrier when required.
10.10.020.1 PURPOSE.
The purpose of this section is to permit increased commercial land use on and in the vicinity of State Street, while protecting the rights of the affected residential property owners and maintaining the guidelines set forth in the general plan.
10.10.020.2 PERMITTED USES.
See MPMC 10.10.020.5.
10.10.020.3 PRINCIPAL USES.
See MPMC 10.10.020.5.
10.10.020.4 ACCESSORY USES.
Accessory uses shall be in accordance with those accessory uses as listed in MPMC 10.10.010.4.
10.10.020.5 CONDITIONAL USES.
All uses in the C-G (modified) zone shall be permitted only after a conditional use permit has been issued by the planning commission and subject to the terms thereof. All uses shall be subject to all the provisions in MPMC 10.10.010. The list of conditional uses shall be those uses as outlined in MPMC 10.10.010.2, MPMC 10.10.010.3, and MPMC 10.10.010.5.
10.10.020.6 REQUEST FOR DEMOLITION.
No building within the general commercial (modified) zone shall be demolished without a request for such demolition first being reviewed by the planning commission and approved by the city council. The city council reserves the right to deny any such request.
10.10.020.7 LOT AREA.
Subject to MPMC 10.10.010.6.
10.10.020.8 LOT WIDTH.
Subject to MPMC 10.10.010.7.
10.10.020.9 LOT FRONTAGE.
Subject to MPMC 10.10.010.8.
10.10.020.10 EXISTING LOTS.
Subject to MPMC 10.10.010.9.
10.10.020.11 LOT AREA FOR DWELLING.
Subject to MPMC 10.10.010.11.
10.10.020.12 PROJECTIONS INTO YARDS.
Subject to MPMC 10.10.010.12.
10.10.020.13 BUILDING HEIGHT.
Subject to MPMC 10.10.010.13.
10.10.020.14 DISTANCE BETWEEN BUILDINGS.
Subject to MPMC 10.10.010.14.
10.10.020.15 PERMISSIBLE LOT COVERAGE.
Subject to MPMC 10.10.010.15.
10.10.020.16 PARKING, LOADING AND ACCESS.
Subject to MPMC 10.10.010.16.
10.10.020.17 SITE PLAN REVIEW.
Subject to MPMC 10.10.010.17.
10.10.020.18 SIGNS.
All signs erected in the C-G (modified) zone shall be in conformance with the sign provisions of MPMC 10.34.
10.10.020.19 USES WITHIN BUILDINGS.
All uses within buildings shall be in conformance with MPMC 10.10.010.19.
10.10.020.20 LANDSCAPING.
All landscaping in the C-G (modified) zone shall follow the provisions in MPMC 10.10.010.20.
10.10.020.21 TRASH STORAGE.
All storage of trash, used materials, or wrecked or abandoned vehicles or equipment shall be subject to the provisions of MPMC 10.10.010.21.
10.10.020.22 WALLS AND FENCES.
In the C-G (modified) zone, all walls and fences shall meet the provisions as outlined in MPMC 10.10.010.22.
10.10.030.1 PURPOSE.
A. The historic commercial zone (C-H) is established to protect the original downtown business area of the city. The C-H zone is designed to allow for the continuation of the visual character, scale and vitality of the originally established central business district.
B. The C-H zone is created specifically for the central business district area and does not supersede any requirements for historic preservation as set forth in MPMC 10.16.010.
10.10.030.2 PERMITTED USES.
Those categories of uses as listed in MPMC 10.10.030.3, MPMC 10.10.030.4, and MPMC 10.10.030.5, and no others, are permitted in the C-H zone.
10.10.030.3 PRINCIPAL USES.
In order to maintain adequate controls in the C-H zone, no principal uses will be permitted without a conditional use permit.
10.10.030.4 ACCESSORY USES.
No accessory uses will be permitted in the C-H zone without a conditional use permit.
10.10.030.5 CONDITIONAL USES.
The following uses and structures are permitted in the C-H zone only after a conditional use permit has been issued by the planning commission, and subject to the terms and conditions thereof:
Antique shop.
Apartment, hotel.
Arcade; video games, etc.
Art and artists’ supply store and related items.
Art shop or gallery.
Automotive maintenance convenience shop.
Bakery.
Bank, financial services/institution.
Barbershop.
Beauty shop.
Beer parlor.
Bicycle sales and service.
Billiard parlor.
Bookstore.
Butcher shop.
Cafe or restaurant.
Camera store and related items.
Candy store, confectionery.
Carpet, rug and linoleum service and sales.
China, crystal and silver shop.
Clinic.
Clothing sales.
Communication equipment building.
Communications facilities.
Computer and related items store.
Convention hall.
Copy center.
Costume rental.
Dairy products store.
Dance hall, ballrooms.
Data processing.
Data processing service and supplies.
Denominational and sectarian schools.
Department store.
Drapery and curtain stores.
Drugstore.
Dry goods store.
Electronic communications and related activities.
Electronic equipment sales and service.
Exhibition halls.
Fabric and textile stores.
Fast foods establishments.
Financial institutions.
Florist shop.
Fruit and/or vegetable store or stand.
Furniture and appliance sales.
Garden supplies and plant materials sales.
Gift/craft shop.
Government buildings, services or uses, structures.
Grocery or delicatessen.
Gunsmith.
Hardware store.
Health food store.
Healthcare services, offices.
Hobby and crafts store.
Hospital supplies.
Hotel.
Household appliance sales and service.
Ice cream parlor.
Insurance agency.
Interior decorating and designing.
Jewelry, sales and service.
Laundry or dry cleaners.
Leather goods sales and service.
Legal offices.
Libraries.
Liquor stores.
Medical offices.
Multi-unit dwellings.
Museums.
Music store.
Musical instrument, manufacture, sales and service.
Newsstand.
Office machines, sales and service.
Office supplies.
Offices, business and professional.
Paint store.
Parking facilities, public or private.
Pet and pet supply store.
Photography studio, photographic supplies.
Post office.
Preschool.
Printing, including publishing or reproductions sales and service.
Private club.
Private educational institutions.
Public and quasi-public institutions.
Radio/TV broadcasting studio, relaying and transmitting towers.
Reception center or wedding chapel.
Recording and sound studios.
Secondhand store.
Sewing machine, sales and service.
Shoe sales and repair.
Signs, as they conform with historic district criteria.
Sports and hobby shop and equipment repair.
Tailor shop.
Tanning salon.
Temporary buildings incidental to construction, including living quarters for a guard or night watch person, which buildings must be removed upon completion of construction work.
Theater (indoor only).
Three-unit and four-unit dwellings.
Tobacco shop.
Toy store.
Travel agency.
Upholstery shop.
Variety store.
10.10.030.6 LOT AREA.
There shall be no minimum lot area requirements in the C-H zone, except as may be dictated by off street parking requirements, adequate circulation, proper site utilization and the historic preservation criteria of this section.
10.10.030.7 LOT WIDTH.
There shall be no minimum lot width requirements in the C-H zone, except as may be dictated by off street parking requirements, adequate circulation, proper site utilization and the historic preservation criteria of this section.
10.10.030.8 LOT FRONTAGE.
Each lot or parcel of land in the C-H zone shall have frontage on a public street a minimum distance of thirty five feet (35').
10.10.030.9 EXISTING LOTS.
Lots or parcels of land which were created prior to the application of the C-H zone shall not be denied a building permit solely for reasons of nonconformance to the parcel requirements of this section and MPMC 10.16.010.
10.10.030.10 BOUNDARIES.
The C-H zone shall consist of these blocks within the original central business district and as designated on the zone map. Specifically, these blocks or portions thereof are as follows:
A. That portion of the block between Main Street and 100 North and State Street and 200 West which lies south of Pleasant Creek;
B. All of the block between Main Street and 100 South and State Street and 100 West, excluding the parcel containing the United Presbyterian Church;
C. That portion of the block between Main Street and 100 North and 100 West and 200 West which lies south of Pleasant Creek.
10.10.030.11 YARD REQUIREMENTS.
There are no specific yard requirements in the C-H zone, except as designated in the historic preservation criteria of this section and MPMC 10.16.010.
10.10.030.12 PROJECTIONS INTO YARDS.
In the C-H zone, canopies attached to a building may extend into a public right of way over the sidewalks and pedestrian walkways only. Canopies shall occur at approximately the second floor level only and shall provide clearance of no less than eight feet (8'). The top of the canopy will not allow human occupancy.
10.10.030.13 BUILDING HEIGHT.
In the C-H zone, no building shall be erected to a height greater than the highest adjacent building.
10.10.030.14 DISTANCE BETWEEN BUILDINGS.
There are no specific requirements for distance between buildings in the C-H zone, except as designated in the historic preservation criteria of this section and MPMC 10.16.010.
10.10.030.15 PERMISSIBLE LOT COVERAGE.
There are no specific requirements for lot coverage in the C-H zone, except as designated in the historic preservation criteria of this section and MPMC 10.16.010.
10.10.030.16 PARKING, LOADING AND ACCESS.
The interiors of the blocks in the C-H zone will be used for off street parking whenever possible and in harmony with existing development.
10.10.030.17 SITE PLAN APPROVAL.
Prior to the construction, alteration or remodeling of any building in the C-H zone, a site plan using the historic preservation criteria as outlined in this section and MPMC 10.16.010 regarding site development will be submitted to the planning commission for their approval. No building in the C-H zone shall be constructed, altered or remodeled without such approval.
10.10.030.18 ARCHITECTURAL DESIGN CRITERIA.
Specific architectural design criteria are prepared and maintained by the planning commission for the purpose of advising property owners and developers of land within the historic commercial district. The criteria are also used by the planning commission to evaluate applications for a letter of approval, as provided in this section. Design criteria as prepared and maintained by the planning commission is as follows:
A. Materials, Color And Texture: Building materials shall be masonry, predominantly brick and stone in earth tone colors. These shall be left exposed without paint or other covering. Violent contrasts between materials and colors shall be avoided. The texture shall be one of rough stone and brick composition with a nonpolished stone finish.
B. Size, Scale, Proportions And Rhythm: The height of any building shall not exceed two (2) stories. Spaces between structures shall be kept at a minimum for pedestrian access with parking in the rear of the structures. Facades shall butt the sidewalk matching setbacks of neighboring or adjoining structures. Existing rhythm shall be maintained with a high proportion of windows to masonry.
C. Architectural Features: Other architectural features which dominate current facades and which may be included (but are not required) are:
1. Three (3) bay fronts;
2. Elliptical archways over doors and windows;
3. Cornice work of brick and stone;
4. Pilasters of brick and stone;
5. Recessed central entryways;
6. Flat roofs with slope and drainage to the rear;
7. Dutch "stair stepping";
8. Glass transoms.
D. Signs And Graphics: Signs shall be kept small in relation to the size of the building. Three (3) types of signs shall be acceptable: signboard, suspended sign, window sign.
1. A signboard may be placed above the door or ground floor window;
2. Window signs may be painted on the window or door using paint of a compatible color (gold leaf was the traditional color used);
3. Suspended signs may be hung perpendicularly from the building facade using attractive hardware and in accordance with the sign provisions of the building code. They shall display logos and business symbols;
4. Height and dimension of the signs should conform to building code criteria;
5. For legibility and clarity, lettering shall be simple and straightforward.
6. Animated or flashing signs shall be prohibited in this district;
7. Illuminated and illustrated signs shall be in scale and keeping with the structure to be mounted on and the surrounding structures; and
8. Canvas awnings shall be used in preference to stationary aluminum or metallic awnings. Lettering, color and patterns should be in keeping with the character of the area and shall be subject to planning commission approval. The size and shape of such awnings shall be in conformance with provisions of the building code governing such structures.
10.10.030.19 SIGNS.
All signs erected in the C-H zone shall be in conformance with the historic preservation criteria of this section and MPMC 10.16.010 as they relate to signs.
10.10.030.20 USES WITHIN BUILDINGS.
All uses established in the C-H zone shall be conducted entirely within a fully enclosed building, except those uses deemed by the planning commission to be customarily and appropriately conducted in the open.
10.10.030.21 LANDSCAPING.
The following landscaping provisions shall apply in the C-H zone:
A. Front And Side Yards: Required front yard areas and required side yard areas adjacent to a public street, except those portions devoted to driveways, shall be maintained with suitable landscaping of plants, trees, grass and similar landscaping materials.
B. Parking Areas: Parking areas shall be landscaped where possible around the periphery and at the ends of parking rows in accordance with the landscaping plan approved as part of the site plan approval procedure.
10.10.030.22 TRASH STORAGE.
In the C-H zone:
A. No trash, used materials, or wrecked or abandoned vehicles or equipment shall be stored in an open area.
B. Containers for storage of trash, of a size, type and quantity approved by the city, shall be maintained in a location approved by the planning commission in conjunction with approval of the development plan.
10.10.040.1 PURPOSE.
A. The neighborhood commercial zone (C-N) is established to provide an area in which the primary use of the land is for commercial and service uses to serve the daily convenience needs of the surrounding residential neighborhood. The zone is intended to be located within neighborhood areas and to be integrated into the residential structure of a neighborhood in a manner that will create a minimum of detriment, hazard or inconvenience to surrounding residential development. Each neighborhood commercial zone will be small (containing from 1 to 5 acres) and will be located within convenient walking distance from the edge of the surrounding residential area it is designed to serve.
B. Uses permitted within the C-N zone will be those which will create no detriment to the surrounding residential areas, and will generally serve only the daily convenience needs of the residential neighborhood. Dwellings, industries, recreational uses or other heavy commercial uses which tend to thwart and discourage the use of the land within this zone for its primary purpose have been excluded. Typical uses allowed in this zone are small convenience grocery stores, variety stores, shoe shops, dry cleaning pick up stations, and barbershops or beauty shops.
C. C-N zones shall be located in areas deemed appropriate for the service of a residential neighborhood, provided the basic requirements for a separation of the zones are followed.
10.10.040.2 PERMITTED USES.
Those uses or categories as listed in MPMC 10.10.040.3, MPMC 10.10.040.4, and MPMC 10.10.040.5, and no others, are permitted in the C-N zone.
10.10.040.3 PRINCIPAL USES.
The following principal uses and structures, and no others are allowed in the C-N zone:
Animal grooming.
Bakery.
Bank or financial institution.
Barbershop.
Beauty shop.
Bicycle sales and service.
Bookstore, retail.
Butcher shop.
Cafe or cafeteria.
Camera store.
Candy store, confectionery.
Car wash.
Clinics, medical or dental.
Computer and related items store.
Copy store.
Data processing.
Data processing service and supplies.
Delicatessen.
Detective agency.
Drugstore.
Dry cleaning pick up station.
Electronic technology.
Fabric.
Five and ten cent store (variety).
Florist shop.
Fruit and vegetable store or stand.
Garden supplies and plant material sales.
Gift and craft store.
Grocery store.
Health food store.
Hobby and crafts store.
Household pets, in dwelling units only.
Ice cream parlor.
Ice manufacturer and storage or vending station.
Jewelry store sales and service.
Library.
Locksmith.
Medical office.
Needlework, embroidery or knitting store.
Newsstand.
Optometrist, optician or oculist.
Park and playground.
Pet and pet supply store.
Pharmacy.
Photographic supplies, photo studio.
Preschool.
Radio/TV broadcasting studio, relaying and transmitting.
Restaurant.
Service station, automobile, with rotating brush car wash as accessory use.
Shoe repair or shoeshine shop.
Sports and hobby shop and equipment repair.
Supermarket.
Temporary building for uses incidental to construction work. Such building shall be removed upon the completion of construction work.
Tobacco shop.
Toy store, retail.
Travel agency.
Video rental.
10.10.040.4 ACCESSORY USES.
Accessory uses and structures are permitted in the C-N zone, provided they are incidental to and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following:
Accessory buildings such as garages, carports, equipment storage buildings and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the C-N zone.
Temporary storage of materials used for construction of a building, including the contractor’s office; provided, that such use is on the building site or immediately adjacent thereto; and provided further, that such use shall be permitted only during the construction period and thirty (30) days thereafter.
10.10.040.5 CONDITIONAL USES.
The following uses and structures are permitted in the C-N zone only after a conditional use permit has been issued by the planning commission and subject to the terms and conditions thereof:
Government buildings or uses, nonindustrial.
Museum.
Nursery school.
Parking lot or garage for passenger automobiles.
Post office.
Public utilities substation.
Radio and television sales and service.
10.10.040.6 LOT AREA.
The minimum area of any lot or parcel of land in the C-N zone shall be one acre. The maximum area of a lot or parcel of land in the C-N zone shall be five (5) acres. The lot or parcel must be under single ownership and must be developed as a single unified entity.
10.10.040.7 LOT WIDTH.
Each lot or parcel of land in the C-N zone shall have an average width of not less than two hundred feet (200').
10.10.040.8 LOT FRONTAGE.
Each lot or parcel of land in the C-N zone shall abut on a public street for a minimum distance of two hundred feet (200'), on a line parallel to the centerline of the street, or along the circumference of a cul-de-sac improved to city standards. Frontage on a street end which does not have a cul-de-sac improved to city standards shall not be counted in meeting this requirement.
10.10.040.9 EXISTING LOTS.
Lots or parcels of land which were created prior to the application of the C-N zone shall not be denied a building permit solely for reason of nonconformance with the above parcel requirements of this section.
10.10.040.10 LAND AREA.
Each single C-N neighborhood shopping center zone shall contain a minimum of one acre, and a maximum of five (5) acres. The C-N zone shall not be applied to an existing commercial area which does not meet these area requirements and shall not be applied to an existing commercial development which has not been designed and constructed as a unified shopping center development.
10.10.040.11 YARD REQUIREMENTS.
The following minimum yard requirements shall apply in the C-N zone:
A. Front Yard: Each lot or parcel in the C-N zone shall have a front yard of not less than ten feet (10'). The front yard shall not be used for vehicular parking and shall be appropriately landscaped.
B. Side Yard: Except as provided in subsections C, D and E of this section, each lot or parcel of land in the C-N zone shall have a side yard of at least ten feet (10') when located adjacent to a residential zone. There shall be no requirement in those instances where the side property line abuts a commercial or industrial zone.
C. Side Yard; Corner Lots: On corner lots, the side yard contiguous to the street shall be not less than ten feet (10') in width, and shall not be used for vehicular parking. The area shall be appropriately landscaped except those portions devoted to access and driveway use.
D. Side Yard; Driveway: When used for access to any garage, carport or parking area having less than five (5) parking spaces, a side yard shall be wide enough to accommodate an unobstructed twelve foot (12') paved driveway. When used for access to a loading deck, garage, carport or parking area having six (6) or more parking spaces, a side yard shall be wide enough to provide an unobstructed twelve foot (12') paved driveway for one-way, or a sixteen foot (16') paved driveway for two-way traffic.
E. Side Yard; Accessory Building: An accessory building may be located on a side property line if, and only if, all of the following conditions are met:
1. The accessory building is located more than ten feet (10') from any main residential building on an adjacent property;
2. The accessory building has no openings on the side which is contiguous to the property line, and the wall of the building adjacent to the property line has a two (2) hour fire retardant rating;
3. The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected; and
4. The accessory building does not encroach onto any easement.
F. Rear Yard: As required by the building code.
G. Rear Yard; Accessory Buildings: As required by the building code.
10.10.040.12 PROJECTIONS INTO YARDS.
A. The following structures may be erected on or projected into any required yard, except for a required driveway:
1. Fences and walls in conformance with city codes and ordinances;
2. Landscape elements, including trees, shrubs, turf and other plant materials; and
3. Necessary appurtenances for utility service.
B. The structures listed below may project into a minimum front yard not more than four feet (4'), and into a minimum side yard not more than two feet (2'), except that a required driveway shall remain unobstructed from the ground up:
1. Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features;
2. Fireplace structures and bays, provided they are not wider than eight feet (8') and are generally parallel to the wall of which they are a part;
3. Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes or masonry planters not exceeding twenty four inches (24") in height; and
4. Carports and loading docks in a side yard or rear yard; provided, that such a structure is not more than one story in height and is entirely open on at least three (3) sides, except for necessary supporting columns and customary architectural features.
10.10.040.13 BUILDING HEIGHT.
No lot or parcel of land in the C-N zone shall have a building or structure which exceeds a height of two (2) stories or thirty five feet (35'), whichever is higher. Chimneys, flagpoles or similar structures not used for occupancy are excluded in determining height.
10.10.040.14 DISTANCE BETWEEN BUILDINGS.
The minimum distance between main buildings in the C-N zone shall be twenty feet (20'). The distance between any accessory building and main building shall not be less than ten feet (10').
10.10.040.15 PERMISSIBLE LOT COVERAGE.
In a C-N zone, all buildings and structures shall not cover an area of more than thirty percent (30%) of the lot or parcel of land upon which they are placed.
10.10.040.16 PARKING, LOADING AND ACCESS.
Each lot or parcel in the C-N zone shall have on the same lot or parcel, automobile parking sufficient to meet the requirements for retail commercial establishments as set forth in MPMC 10.22. All parking spaces shall be paved with asphaltic cement or concrete, and shall be provided with paved access from a public street. The spaces shall be provided with adequate drainage which shall not run across a public sidewalk.
10.10.040.17 SITE PLAN APPROVAL.
Prior to the construction of any building in the C-N zone, a site plan shall be submitted to and be approved by the planning commission. The site plan shall be drawn to scale and shall contain the following information:
A. The location of all existing and proposed buildings and structures on the site, with full dimensions showing distances between buildings and distances from buildings to adjacent property lines;
B. The location of all parking spaces, driveways and points of vehicular ingress and egress;
C. A signing plan showing the location and size of typical signs to be erected within the shopping center;
D. A lighting plan, showing the location and intensity of all proposed lighting on the site, and how the lighting will be shielded from adjacent properties;
E. A landscaping plan showing the location, types and initial sizes of all planting materials to be used, together with the location of fences, walls, hedges and decorative materials;
F. Preliminary elevations of main buildings showing the general appearance and types of external materials to be used.
10.10.040.18 SIGNS.
All signs erected in the C-N zone shall be in accordance with the sign provisions of MPMC 10.34 and shall be in general compliance with the typical signing program approved by the planning commission under the provisions of MPMC 10.10.040.17.
10.10.040.19 USES WITHIN BUILDINGS.
All uses established in the C-N zone shall be conducted entirely within a fully enclosed building, except the pumping of gasoline and similar uses deemed by the planning commission to be customarily and appropriately conducted in the open.
10.10.040.20 LANDSCAPING.
The following landscaping provisions shall apply in the C-N zone:
A. Front And Side Yard: The front yard areas and side yard areas adjacent to a public street, except those portions devoted to driveways, shall be maintained with suitable landscaping of plants, shrubs, trees, grass and similar landscaping materials.
B. Parking Areas: Parking areas shall be landscaped where possible around the periphery and at the ends of parking rows in accordance with the landscaping plan approved as part of the site plan approval procedure.
10.10.040.21 TRASH STORAGE.
No trash, used materials, or wrecked or abandoned vehicles or equipment shall be stored in an open area. Containers for trash storage shall be of sufficient size and will be covered to eliminate the blowing of or other such dispersion of such trash.
10.10.040.22 WALLS AND FENCES.
In the C-N zone:
A. Fences, walls or hedges are permitted which do not exceed seven feet (7') in height, except that no fence, wall or hedge shall exceed four feet (4') in height within a front yard or within a side yard which faces upon a street, unless the fence is constructed of chainlink, wire mesh or similar nonvisual barrier type material. Such nonvisual barrier fence shall not exceed a height of five feet (5'), nor shall it be a sight hazard to vehicular or pedestrian traffic.
B. Where a commercial development adjoins any lot or parcel of ground in any residential zone, there shall be provided along the adjoining property line a decorative sight obscuring fence, a ten foot (10') wide planting strip or any combination of fencing or landscaping, which in the opinion of the planning commission, adequately protects the adjoining residential property. The protection strip may include raised or mounded landscaping and plantings in order to provide a suitable visual barrier when required.
10.10.050.1 PURPOSE.
A. The commercial manufacturing (C-M) zone is established to provide an area in which a congruous mixture of retail commercial, warehousing, heavy commercial and light manufacturing uses may be established. The zone is to be used primarily as a transitional zone between industrial areas and residential areas and/or lighter commercial districts.
B. The uses characteristic of this zone will be warehouses, light manufacturing or assembly plants, machine shops, automobile repair facilities, furniture and appliance repair, and building materials stores and yards.
C. The C-M zone should be characterized by buildings and grounds which combine utility and attractive appearance. The utility of buildings, parking areas and loading facilities should be softened with landscaped areas along all street frontages.
10.10.050.2 PERMITTED USES.
Those uses or categories of uses as listed in MPMC 10.10.050.3, MPMC 10.10.050.4, and MPMC 10.10.050.5, and no others, are permitted in the C-M zone.
10.10.050.3 PRINCIPAL USES.
The following principal uses and structures, and no others, are permitted in the C-M zone:
Apparel and other finished products made from fabric, leather, etc.
Boat building.
Bookbinding.
Bottling works, soft drinks.
Cafe.
Carpenter, cabinet shop, provided work is conducted within building.
Carpet/rug cleaning.
Drapery, curtain and blinds assembly and sales.
Electric appliance and/or electronic instruments assembly.
Garage, public.
Honey extraction.
Ice storage, manufacture.
Machine shop.
Manufacture/maintenance of the following:
Business machines.
Cameras, photographic equipment.
Data processing equipment.
Electric, neon signs, billboards and/or commercial advertising structures.
Light sheet metal products, including heating.
Musical instruments.
Novelties, rubber and metal stamps.
Toys.
Monument works.
Motor vehicles, trailers, bicycles and machinery, assembling, painting, upholstery, rebuilding, repair, rental, sales and reconditioning.
Office, business and/or professional.
Printing, including engraving, photoengraving.
Sign painting shop.
Taxidermist.
Upholstering, including mattress manufacturing.
Veterinary.
Warehouse and storage.
Winery.
10.10.050.4 ACCESSORY USES.
Accessory uses and structures are permitted in the C-M zone, provided they are incidental to and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following:
Accessory buildings such as garages, carports, equipment storage buildings and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the C-M zone.
Temporary storage of materials used for the construction of a building, including a contractor’s office; provided, that such use is located on the building site or immediately adjacent thereto; and provided further, that such use shall be permitted only during the construction period and thirty (30) days thereafter.
10.10.050.5 CONDITIONAL USES.
The following uses and structures are permitted in the C-M zone only after a conditional use permit has been issued by the planning commission, and subject to the terms and conditions thereof:
Blacksmith shop.
Manufacture, compounding, processing, packaging and treatment of the following products:
Bakery goods.
Candy.
Cosmetics.
Dairy products.
Meat products.
Motion picture studio.
Planing mill.
Single-family residential units.
Welding shop.
Accessory uses and buildings customarily incidental to the above uses.
10.10.050.6 LOT AREA.
The minimum area of any lot or parcel of land in the C-M zone shall be ten thousand (10,000) square feet.
10.10.050.7 LOT WIDTH.
Each lot or parcel of land in the C-M zone shall have an average width of not less than seventy feet (70'). (Single-family residential units require 90 feet frontage.)
10.10.050.8 LOT FRONTAGE.
Each lot or parcel of land in the C-M zone shall abut on a public street for a minimum distance of thirty five feet (35') on a line parallel to the centerline of the street or along the circumference of a cul-de-sac improved to city standards.
10.10.050.9 EXISTING LOTS.
Lots or parcels of land which were created prior to the application of the C-M zone, shall not be denied a building permit solely for reason of nonconformance to the above parcel requirements of this section.
10.10.050.10 MINIMUM AREA.
Each single C-M commercial manufacturing zone shall contain a minimum of five (5) acres. The C-M zone may be applied to an existing commercial area which does not meet these area requirements, provided the existing commercial facilities to which the zone is being applied are in compliance with the purpose and objectives of this zone.
10.10.050.11 YARD REQUIREMENTS.
The following minimum yard requirements shall apply in the C-M zone:
A. Front Yard: Each lot or parcel in the C-M zone shall have a front yard of not less than ten feet (10'). Residential units shall meet the requirement of MPMC 10.08.010. The front yard shall be appropriately landscaped.
B. Side Yard: Except as provided in subsections C, D and E of this section, there shall be no side yard requirements in the C-M zone, except residential units shall meet the requirements of MPMC 10.08.010.
C. Side Yard; Corner Lots: On corner lots, the side yard contiguous to the street shall be not less than ten feet (10') in width, and shall not be used for vehicular parking. The area shall be appropriately landscaped except those portions devoted to access and driveway use.
D. Side Yard; Driveway: When used for access to any garage, carport or parking area having less than five (5) parking spaces, a side yard shall be wide enough to accommodate an unobstructed twelve foot (12') paved driveway. When used for access to a warehouse area, loading dock or parking area having six (6) or more parking spaces, a side yard shall be wide enough to provide an unobstructed twelve foot (12') paved driveway for one-way traffic, or a sixteen foot (16') paved driveway for two-way traffic.
E. Side Yard; Accessory Building:
1. An accessory building may be located on a side property line if, and only if, all of the following conditions are met:
a. The accessory building has no openings on the side which is contiguous to the property line, and the wall of the building adjacent to the property line has a two (2) hour fire retardant rating;
b. The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel upon which it is erected; and
c. The accessory building does not encroach onto any easement.
2. All accessory buildings which do not meet the above requirements shall be located at least six feet (6') from the side property line.
F. Rear Yard: As required by the building code.
G. Rear Yard; Accessory Buildings:
1. An accessory building may be placed on a rear property line if, and only if, all of the following conditions are met:
a. The accessory building has no openings on the side which is contiguous to the property line, and the wall of the building adjacent to the property line has a four (4) hour fire retardant rating;
b. The accessory building has facilities for the discharging of all roof drainage onto the lot or parcel on which it is erected; and
c. The accessory building does not encroach onto any easement.
2. All accessory buildings which do not meet the above requirements shall be located at least six feet (6') from the rear property line.
10.10.050.12 PROJECTIONS INTO YARDS.
In the C-M zone:
A. The following structures may be erected on or project into a required yard:
1. Fences and walls in conformance with city codes and ordinances;
2. Landscape elements, including trees, shrubs, agricultural crops and other plants; and
3. Necessary appurtenances for utility service.
B. The structures listed below may project into a minimum front yard or side yard adjacent to a street not more than four feet (4'):
1. Cornices, eaves, belt courses, sills, buttresses or other similar architectural features; and
2. Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes or masonry planters not exceeding twenty four inches (24") in height.
10.10.050.13 BUILDING HEIGHT.
No lot or parcel of land in the C-M zone shall have a building or structure which exceeds a height of three (3) stories or fifty five feet (55'), whichever is higher.
10.10.050.14 DISTANCE BETWEEN BUILDINGS.
In the C-M zone there are no requirements for distance between buildings except as may be specified by the latest edition of the building code as adopted by the city.
10.10.050.15 PERMISSIBLE LOT COVERAGE.
In the C-M zone there are no lot coverage requirements, except as may be necessitated by off street parking, yard requirements and site plan approval condition.
10.10.050.16 PARKING, LOADING AND ACCESS.
A. Each lot or parcel of land in the C-M zone shall have on the same lot or parcel, automobile parking sufficient to meet the requirements set forth in MPMC 10.22. All parking spaces shall be paved with asphaltic cement or concrete, and shall be provided with paved access from a public street. The spaces shall be provided with adequate drainage which shall not run across a public sidewalk.
B. Parking spaces shall not be provided within a required front yard or a side yard adjacent to a public street.
C. Loading spaces shall be provided as required by the planning commission, using as a guide a requirement of one such space per ten thousand (10,000) square feet of gross building area.
10.10.050.17 SITE PLAN APPROVAL.
Prior to the construction of any building in the C-M zone, a site plan shall be submitted to and be approved by the planning commission. The site plan shall be drawn to scale and shall contain the following information:
A. The location of all existing and proposed buildings and structures on the site, with full dimensions showing distances between buildings, and distances from buildings to adjacent property lines;
B. Location of all parking spaces, driveways and points of vehicular ingress and egress;
C. A landscaping plan showing the location, types and initial sizes of all planting materials to be used, together with the location of sprinkler and irrigation systems, fences, walls, hedges and decorative materials; and
D. Preliminary elevations of main buildings showing the general appearance and types of external materials to be used.
10.10.050.18 SIGNS.
All signs erected in the C-M zone shall be in conformance with the sign provisions of MPMC 10.34.
10.10.050.19 USES WITHIN BUILDINGS.
A. All manufacturing and retail commercial establishments in the C-M zone shall be conducted entirely within a fully enclosed building, except those uses deemed by the planning commission to be customarily and appropriately conducted in the open. Such uses may include, but would not be limited to, service stations, equipment rental, etc.
B. Open storage of materials and equipment permitted in this zone may be accomplished only when fully screened from public view by an opaque fence or wall approved by the planning commission in conjunction with the issuance of a conditional use permit for such use.
10.10.050.20 LANDSCAPING.
The following landscaping provisions shall apply in the C-M zone:
A. Front And Side Yard: The front yard area and side yard areas adjacent to a public street, except those portions devoted to driveways, shall be maintained with suitable landscaping of plants, shrubs, trees, grass and similar landscaping materials.
B. Parking Areas: All parking areas which are open to public view shall be landscaped where possible around the periphery and at the ends of parking rows in accordance with the landscaping plan approved as part of the site plan approval procedure.
10.10.050.21 TRASH STORAGE.
In the C-M zone:
A. No trash, used materials, or wrecked or abandoned vehicles or equipment shall be stored in an open area.
B. Containers for trash storage of the size, type and quantity approved by the city shall be maintained at a location approved by the planning commission in conjunction with the approval of the site development plan.
10.10.050.22 WALLS AND FENCES.
In the C-M zone:
A. Fences, walls or hedges shall comply with MPMC 10.19.110.
B. Where a commercial development adjoins any lot or parcel of ground in any residential zone, there shall be provided along the adjoining property line a decorative sight obscuring fence, a ten foot (10') wide planting strip or any combination of fencing or landscaping which, in the opinion of the planning commission, adequately protects the adjoining residential property. The protection strip may include raised or mounded landscaping and plantings in order to provide a suitable visual barrier when required.