The C-2, General Commercial District, is intended to permit a wider range of business and entertainment activities than those permitted in the local district. The permitted uses are intended to provide businesses and services usually found in major shopping centers and business areas at the juncture of major streets. These uses generate large volumes of vehicular traffic, require substantial access for off-street parking and loading and require detailed planning particularly as to relationships with adjacent residential areas.

(Ord. 188, eff. 2-25-1981)

   In the C-2 District, no uses shall be permitted, unless otherwise provided in this chapter, except the following:

   A.   All principal permitted uses in the C-1 District;

   B.   Any retail business whose principal activity is the sale or rental of merchandise within a completely enclosed building;

   C.   Business service establishments performing services on the premises such as office machine and typewriter repair, printing and blueprinting;

   D.   Any service establishment of an office, showroom or workshop nature within a completely enclosed building such as that of a taxidermist, decorator, upholsterer, caterer, exterminator, building contractor (including electrical, glazing, heating, painting, paper hanging, plumbing, roofing, ventilating and plastering) and similar establishments that require a retail adjunct. No outside storage yards shall be permitted;

   E.   Photographic film developing and processing;

   F.   Physical culture establishments, including gymnasiums, reducing salons and steam baths;

   G.   Bowling alleys, skating rinks, sports arenas and other indoor recreational facilities, when conducted within a completely enclosed building and when located at least 150 feet from any property zoned in a residential classification;

   H.   Hotels and motels;

   I.   Eating and drinking establishments;

   J.   Assembly halls;

   K.   Funeral parlors or mortuaries;

   L.   Television and radio studios and towers subject to the requirements of this code;

   M.   Mixed uses (i.e., commercial and residential uses combined in one structure);

   N.   Other uses similar to the above, subject to the following restrictions:

      1.   All goods produced on the premises shall be sold at retail on the premises where produced; and

      2.   All business or servicing, except for off-street parking and loading, shall be conducted within a completely enclosed building.

   O.   Indoor theaters;

   P.   Off-street parking in accordance with the requirements of this code;

   Q.   Accessory buildings and uses customarily incidental to the above principal permitted uses; and

   R.   Animal boarding facilities subject to the requirements of § 53-132B

(Ord. 188, eff. 2-25-1981; Ord. 361, adopted 9-12-2011)

   The following uses may be permitted subject to the conditions hereinafter imposed and subject further to the approval of the City Council after recommendations from the Planning Commission:

   A.   Veterinary hospitals and clinics;

   B.   Automobile car wash establishments including steam-cleaning, but not rust-proofing; provided, off-street waiting space is provided in accordance with this code;

   C.   Drive-in restaurants or other drive-in establishments serving food and/or beverage; provided that, the entrance to or exit from any such use is located at least 35 feet from the intersection of any two streets; that all such uses shall have direct access to a major thoroughfare; that all lighting or illuminated display shall not reflect onto any adjacent residential zone; and that consideration is given to proximity of existing traffic safety and sanitation;

   D.   Drive-in windows for financial institutions;

   E.   Automobile gasoline and automobile service stations subject to the requirements of this code;

   F.   Wholesale store, storage facilities, buildings, warehouses, distributing plants and freezers and lockers;

   G.   Open air business uses as follows, in conformance with this code:

      1.   Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies and equipment;

      2.   Retail sale of fruit and vegetables;

      3.   Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children’s amusement park or similar recreation uses;

      4.   Bicycle, trailer, motor vehicle, boat or home equipment rental services;

      5.   Outdoor display and sale of garages, swimming pools and similar uses;

      6.   New and used car sales rooms, including outdoor sales space;

      7.   Salesrooms, including outdoor sales space, for recreation vehicles, including boats, snowmobiles, travel trailers, campers, tents and accessory equipment;

      8.   Planned community shopping centers; provided, the following criteria are met:

         a.   The center shall consist of a group of establishments engaging exclusively in retail business or service, arranged as a functionally coherent unit, together with appurtenant features, such as parking areas and storage facilities;

         b.   The center shall occupy a site of not less than 20 acres;

         c.   A minimum building setback from the property line of 75 feet each for the front and rear of the building and 50 feet each for the sides of the building;

         d.   No building or structure shall exceed three stories or 40 feet in height unless approved by the Planning Commission;

         e.   A planting strip of at least 20 feet wide shall be provided around the entire perimeter of the site, except for driveways onto the public street system. A wall or barrier of suitable material not less than five feet high shall be constructed along those property lines which abut a residential district;

         f.   The proposed site shall have at least one property line abutting a major thoroughfare. All ingress and egress to the site shall be directly from the thoroughfare. Turning and approach lanes shall be provided when determined necessary by the City Engineer;

         g.   A landscape plan which includes the entire site shall be submitted for approval with the site plan to determine compliance with screening and planting strips;

         h.   All signs shall be affixed to the face of the building and shall be a uniform design throughout; except that, one ground pole sign advertising the name of the shopping center is allowed;

         i.   All off-street parking shall be within its own area, as specified in this code, and an internal system of roads and walks which will effectively separate pedestrian and vehicular traffic is required;

         j.   Outdoor trash containers shall be provided and maintained in accordance with this code;

         k.   All areas accessible to vehicles shall be paved and maintained so as to provide a durable, smooth and well-drained surface and to ensure that run-off does not negatively impact adjacent property; and

         l.   All vehicle and pedestrian areas shall be illuminated during business hours of darkness. All lighting fixtures shall be installed so as to reflect light away from adjacent residential properties.

   H.   Day care facilities; provided that:

      1.   Lot area of not less than 100 square feet shall be provided for every child enrolled;

      2.   For each child care enrolled, there shall be provided, equipped and maintained, on the premises a minimum of 2,000 square feet or a minimum of 200 square feet per child whichever is greater; and

      3.   The outdoor play area shall be fenced or screened by a landscaped buffer from any abutting residentially zoned area.

   I.   Adult-oriented establishments, as listed and defined in the adult-oriented establishments ordinance; provided, however, that, it shall be illegal to operate or cause to be operated any adult-oriented establishment at any location in the city, except as provided in this chapter and subject to the following conditions.

      1.   No sexually-oriented business shall be permitted in a location in which any main building or accessory structure, including signs, is within 1,000 feet of any main building or accessory structure of another sexually-oriented business.

      2.   No sexually-oriented business shall be established on a parcel within 300 feet of any residential district or any parcel used for a single- or multiple-family residence, public park, school, child care facility, church or place of worship, public library, hospital, city hall, Police Department or Fire Department, youth center or commercially operated school attended by children such as, for example, dance schools, gymnastic centers, etc.

         a.   The distance between a proposed sexually-oriented business and any such zoned area or existing use shall be measured in a straight line from the nearest property line upon which the proposed sexually-oriented business is to be located to the nearest property line of that zoned area or existing use.

         b.   A sexually-oriented business lawfully operating is not rendered a nonconforming use by the subsequent location of one or more of the uses listed in this division I.2.b.; provided, however, that, if the sexually-oriented business ceases operation for a period of 90 days or more regardless of any intent to resume operation, it may not recommence operation at that location.

            (1)   It shall be unlawful to cause or to permit the operation of more than one sexually-oriented business in the same building, structure or portion thereof.

            (2)   Any sign or advertising for the sexually-oriented business must comply with the provisions of this chapter. Any sign or advertising may not include photographs, silhouettes or drawings of any specified anatomical areas or specified sexual activities or obscene representations of the human form and may not include animated or flashing illumination.

            (3)   The entrances to the proposed sexually-oriented business at both the exterior and interior walls, in a location visible to those entering and exiting the business, must be clearly marked with lettering at least two inches in height stating: “Persons under the age of eighteen (18) are not permitted to enter the premises” and “No alcoholic beverages of any type are permitted within the premises”; unless specifically allowed pursuant to a license duly issued by the Liquor Control Commission.

      3.   No product or service for sale or rental or any picture or other representation of any product or service for sale or rental, shall be displayed so as to be visible to a person outside the building whether through a window or doorway or otherwise.

      4.   All off-street and on-site parking areas shall comply with this chapter and shall additionally be illuminated at all times as follows.

         a.   All off-street parking areas and entries of sexually-oriented businesses shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on all parking surfaces and/or walkways.

         b.   The premises of all sexually-oriented businesses shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which the public is permitted access to provide an illumination of not less than one foot-candle of light as measured at the floor level.

      5.   All exterior refuse, trash and garbage receptacles shall be screened by solid fencing not less than six feet in height or fully enclosed within an accessory structure. The requirements set forth in this chapter shall be in addition to any other applicable requirements found in the general and zoning ordinances of the city. Any special approval granted pursuant to this chapter shall be subject to compliance with all applicable ordinance provisions and all applicable laws, rules and regulations of authorities with competent jurisdiction.

(Ord. 188, eff. 2-25-1981)

   For all uses permitted in a C-2 District, a site plan shall be submitted and no building permit shall be issued until the City Council has approved the site plan after recommendation from the City Planning Commission in accordance with this code.

(Ord. 188, eff. 2-25-1981)

   Area, height, bulk and placement requirements unless otherwise specified are as provided in Article XV.

(Ord. 188, eff. 2-25-1981)