To provide for areas of limited impact retail and office establishments, and similar uses, in neighborhoods that are primarily residential without harming the residential character of those neighborhoods. This zone also provides for medium and high density residential uses.

(Ord. No. 2790-2021, App. B § 1, 5-18-2021)

The following principal uses are permitted as of right in the C-1 Zone:

1.

Dwellings when constructed according to the space limits of RM-10 Zone and Section 10A-27-07 Special Use Limitations;

2.

Home occupations meeting standards herein;

3.

Retail shopping establishments as defined herein;

4.

Consumer service establishments as defined herein;

5.

Dance and music studios;

6.

Churches;

7.

Schools and colleges, public or private, including commercial business or vocational schools or colleges;

8.

Park and recreation facilities, public;

9.

Private clubs and clubhouses as defined herein;

10.

Residential care facilities housing not more than eight clients;

11.

Roominghouse as defined herein;

12.

Hotel, bed and breakfast, as defined herein;

13.

Museums, concert halls, auditoriums and similar cultural facilities;

14.

Horticulture and the growing of field crops or hay.

15.

Public buildings, none of which may be of industrial character.

16.

Business offices and general office buildings.

17.

The manufacture of small items such as jewelry, fishing tackle and the like, or the repackaging of bulk small items with fewer than ten employees. Fabrication of art or crafts objects, bakery goods, or ice cream for on premises sale or as custom orders for delivery.

18.

Recreational vehicle park.

19.

Medical, dental or other health professional office or clinic for humans.

20.

Adult foster care for not more than five patrons.

21.

Family day care provider as defined herein;

22.

Day care center as defined herein;

(Ord. No. 2630-2009, § 1, 7-2-2009; Ord. No. 2790-2021, App. B § 2, 5-18-2021)

The following limitations or conditions shall apply in addition to any conditions or limitations applying to all zones, to all uses permitted or permissible in the C-1 Zone:

1.

All operations shall be conducted within a completely enclosed building, except for nursery stock consisting of green plants and shrubs, for the temporary outdoor display of merchandise located within five feet of principal building, patio or sidewalk restaurant service, railroad operations, and play yards of day care centers.

2.

All products produced, kept, handled or offered for sale shall be sold only at retail on the premises.

3.

No nonresidential use shall continue normal operations past the hour of 11:00 p.m. or earlier than 7:00 a.m. except pursuant to a conditional use permit.

4.

Not more than two delivery or service vehicles shall be used in the operation of any business.

5.

No permitted or permissible separate business establishment shall occupy a floor area greater than 5,000 square feet to conduct its operations and to store its wares, products, inventory and materials, except that grocery stores may occupy a floor area of 15,000 square feet.

6.

Screening shall be provided along all lot lines abutting residentially zoned or developed property, sufficient to block substantially any view of the nonresidential use and its operation, stored materials and equipment from all points located on or not more than eight feet above the lowest elevation of such residential property, in the event such screening is not sufficient to block totally any view of stored waste or waste receptacles. In no event shall this Section be deemed to require more than full enclosure (including roof) of stored waste including waste receptacles and an opaque fence not more than seven feet in height extending the full length of not more than three sides of the subject property. The required front yard shall be landscaped to the standards set forth under the miscellaneous provisions of this Title.

7.

No use shall be established by the conversion of a building or premises originally designed for use as a gasoline service station or drive-in establishment unless the paved area on the lot in question shall have been reduced, by the addition of natural landscaping, to an area not greater than two hundred percent of the area required by this Title for off-street parking, loading and access thereto.

8.

No nonresidential use shall be established in any structure or premises originally designed for a residential use unless the existing residential character or the building shall be retained. Any design or structural change, additions or extensions shall be consistent with the architectural character of the original building.

9.

The following residential standards shall apply to residential and mixed use buildings in the C-1 zone in addition to applicable standards of this Code.

a.

Residential uses are allowed above existing commercial ground floor uses.

b.

New residential development and mixed use buildings with ground floor residential uses shall have a minimum density of ten dwelling units per acre.

c.

New residential and mixed use buildings shall provide an accessible front entrance on the street-facing ground floor façade.

d.

As shown on Figure 10A-27-07, new mixed use buildings with ground floor commercial uses shall provide transparent window and door glazing on that together cover a minimum of:

i.

Half the length of the ground-level street-facing facade, and

ii.

Half the wall area of the ground-level street-facing façade.

Figure 10A-27-07. Required Commercial Ground Floor Window Glazing - Measurement Example

10.

No permitted or permissible use shall be conducted in any manner which would render it noxious or offensive by reason of dust, refuse matter, odor, smoke, gas, fumes, noise, vibration or glare.

11.

Space lighting shall be shielded so as to prevent the direct glare of beams onto any adjacent residentially zoned or used property.

12.

Signs may project into any required front or rear yard as set forth in table 6-B of the Uniform Sign Code as adopted in this Title. Signs may project into a required side yard not more than 18 inches. One pole sign for each development site or building shall be allowed in each required front or rear yard.

(Ord. No. 2790-2021, App. B § 3, 5-18-2021)

The following uses are listed here as expressly prohibited so as to facilitate interpretation of the list of principle permitted uses:

1.

Automobile service establishment as defined herein;

2.

Gasoline service stations;

3.

Rental of large tools or construction equipment, trucks or trailers or other equipment requiring outdoor storage.

4.

Warehousing, storage and distributing establishments or mini-warehouses;

5.

Wholesale establishments with stock on the premises.

6.

Bars, taverns, cocktail lounges and other establishments which sell beer or intoxicating liquor for the consumption on the premises, except for restaurants where such beverages are served incidental to meals.

7.

Auction house;

8.

Manufactured or mobile home parks or subdivisions.

9.

Uses not specifically enumerated as permitted uses in the C-1 Zone, but listed as permitted in another zone or as a conditional use in the C-1 or other Zone.

The following uses are permitted conditionally in the C-1 Zone:

1.

Dry-cleaning and laundry establishments which do not exceed 2,000 square feet in floor area and have no more than two delivery vehicles operating form the location;

2.

Any permitted or permissible non-residential use that operates later than 11:00 p.m. or earlier than 7:00 a.m.;

3.

Mortuaries or funeral homes;

4.

Nursing home;

5.

Residential care facility housing more than eight clients; and

6.

Utility facilities, other than distribution lines, at specific location necessary for the functioning of that utility;

7.

Marijuana retailer as provided in Chapter 10A-59;

8.

Marijuana laboratory as provided in Chapter 10A-59;

9.

Marijuana wholesaler as provided in Chapter 10A-59;

10.

Marijuana processor non-flammable as provided in Chapter 10A-59; and

11.

Marijuana grow site medical as provided by State regulations and as provided in Chapter 10A-59.

(Ord. No. 2748-2018, § 2, 10-23-2018)

Accessory uses and structures common to all zones as listed in Chapter 10A-53 are allowed in the C-1 Zone.

The building, zoning lot, open space and yard dimensions applicable to the C-1 Zone are found on the Commercial Space Limits Table, Chapter 10A-35.

The provisions of Chapter 10A-57, Miscellaneous Provisions, apply to the C-1 Zone, except that signs may project into any required front or rear yard as set forth in Table No. 6-B (projection of signs) of the Uniform Sign Code. Signs may project into a required side yard not more than 18 inches. One pole sign for each lot or building shall be allowed in any required front or rear yard.