A.   The C-3 commercial residential mix zone, is a land use classification suitable for retail sales, offices, service establishments, single-family dwelling units, tiny homes, manufactured homes, multi-family dwelling units, and structures housing both commercial and residential uses.

   B.   In the C-3 zone, no building or premises shall be used, nor shall any building or structure hereafter be erected or altered (unless provided in this title) except for one or more of the uses in accordance with the following standards of this chapter.

   C.   Maximum height of buildings shall not exceed two (2) stories or thirty feet (30'), except that structures may exceed this height by special use permit.

   D.   No fence shall exceed four feet (4') in height in front of a dwelling in the C-3 zone beginning at the farthest front corners of each side of the house, or house and attached garage or carport. Fences beginning at the farthest front corner of each side of the house, or house and attached garage or carport and extending rearward may be six feet (6') in height. Exceptions to these heights may be considered as a special use permit. (Ord. 398, 8-14-2009; amd. Ord. 456, 7-11-2019)

The minimum allowable lot size is seven thousand (7,000) square feet with a minimum of fifty feet (50') of continuous frontage on a public or private street. (Ord. 398, 8-14-2009)

The following site area requirements apply in the C-3 zone: On any parcel of land or lot of whatever size a minimum of thirty percent (30%) of the area of the site shall be left in open space free from all structures. (Ord. 398, 8-14-2009)

On property meeting the minimum lot size requirement the following uses are permitted:

   A single accessory dwelling on the same lot. Such accessory dwelling shall not exceed one-half (½) of the ground floor footprint of the primary dwelling or to one thousand (1,000) square feet, whichever is greater.

   A tiny home, to be used as a single family dwelling or secondary residence, limited to one per lot. Such tiny home shall not exceed one-half (½) of the ground floor footprint of the primary dwelling or four hundred (400) square feet in floor area, excluding lofts, whichever is lesser.

   Barbershops, beauty salons.

   Bed and breakfast.

   Commercial retail, service or office space with not more than three (3) residential units above or behind the commercial space. Each residential unit shall have a single off street parking space and an entrance to the living unit(s) separate from that of the commercial use.

   Duplex or triplex.

   Eating or drinking establishments.

   Garages, workshops, storage and other accessory buildings not to exceed one thousand two hundred (1,200) square feet.

   Government buildings and offices, public buildings and offices, public utilities installation.

   Home occupations as defined in section 8-2-2 of this title.

   Manufactured homes. It shall be set on an excavated and backfilled permanent foundation such that the home is located not more than twelve inches (12") above grade, except when placed on a basement foundation. The manufactured home shall have a pitched roof and exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings.

   Outdoor advertising display signs or structures shall be permitted in the immediate use area only and in accordance with section 8-10-8 of this chapter.

   Parks and recreational facilities controlled and maintained by the city or a private landowner.

   Parks and recreational facilities controlled and maintained, either by the city or a responsible homeowners' association approved by the city council.

   Photographers, artist studios.

   Private or public office buildings, banks.

   Retail, service, or rental businesses on a main floor, with the footprint not to be in excess of five thousand (5,000) square feet. All of the goods offered for sale or rent are to be stored indoors.

   Single-family dwelling.

   Temporary sales offices, construction trailers, or storage facilities for building sites, during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work. All temporary buildings shall be set back at least ten feet (10') from all property lines.

   The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three (3) household pets shall be kept outside of dwelling units. (Ord. 398, 8-14-2009; amd. Ord. 456, 7-11-2019)

Any use not reasonably compatible with the surrounding area.

Auto wrecking and junk yards.

Automobile service stations, automotive repair shops.

Disposal of garbage or waste materials by sanitary landfill or fill and cover methods, or by composting or incineration. Collection of garbage or waste materials for transfer to a disposal facility. Recycling centers.

Drive-through facilities.

General manufacturing and processing uses, industrial uses.

Outdoor advertising display signs or structures on premises other than those for which the principal use is intended.

Small farm animals, poultry, and livestock.

Stockyards, kennels.

Storage of goods outdoors except for sales during business hours. (Ord. 398, 8-14-2009)

   A.   Residential and commercial structures:

 

 

   B.   Authorized accessory building or tiny home:

 

 

   C.   No accessory buildings or tiny home shall be erected within any required setback or closer to any street than the primary residence unless attached thereto. No separate accessory building or tiny home shall be erected within five feet (5') of any other building, including structures exempted from building permits due to size and/or use.

   D.   No separate dwelling structure shall be erected within ten feet (10') of any other dwelling structure.

   E.   The following encroachments are permitted:

      1.   Balconies and bay windows may encroach up to twenty five percent (25%) of the depth of the setback.

      2.   Roof overhangs and eaves may encroach up to ten percent (10%) of the depth of the setback.

   F.   Fences as allowed in section 8-10-1 of this chapter are permitted on the property line. (Ord. 398, 8-14-2009; amd. Ord. 456, 7-11-2019)

   A.   All off street parking areas and road approaches required for commercial uses shall be paved.

   B.   Prior to development of any commercial parking area in excess of two (2) spaces a detailed written report shall be submitted containing the following information:

      1.   The proposed use of the land and/or structures.

      2.   Proposed plan for handling any parking or traffic flow problems that may be generated by this use. The proposed use shall not cause congestion of adjacent streets or alleyways.

      3.   Proposed plan for snow storage and removal. Pushing or stockpiling of snow from private property into the public streets, highways, alleyways, or rights of way is prohibited.

      4.   Stormwater drainage for all parking areas, service drives, and approaches.

   C.   All commercial uses in the C-3 zone shall have a minimum number of off street parking spaces as described below:

 

 

   D.   Commercial uses not listed above shall have a minimum number of spaces as required by special use permit.

   E.   No parking area for more than ten (10) vehicles shall be closer than twenty feet (20') to any dwelling unit, motel, school or hospital, or institution for human care located on an adjoining lot, unless separated by a screen consisting of a fence, wall, or planting not less than four feet (4') nor more than six feet (6') in height and maintained in good condition.

   F.   In no case shall any part of a parking area be closer than four feet (4') to any established road or alley right of way or adjoining property.

   G.   All residential uses in the C-3 zone shall have a minimum number of off street parking spaces as described below:

 

 

   H.   No major recreational equipment shall be parked or stored on any street or alley in a residential district to exceed twenty four (24) hours. For purposes of these regulations, "major recreational equipment" is defined as including boats and boat trailers, travel trailers, trailers, mobile homes, park model recreational vehicles, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. (Ord. 398, 8-14-2009; amd. Ord. 456, 7-11-2019)

   A.   The purpose of this section is to establish standards for the fabrication, erection, and use of signs, symbols, markings, and advertising devices within the city. These standards are enacted to protect the public health, safety and welfare of persons within the community. They are intended to aid in the development and promotion of business and industry by providing sign regulations which encourage aesthetic creativity, effectiveness and flexibility of the design of such devices without creating detriment to the general public. They are also intended to promote clear views of the natural surroundings by minimizing visual clutter.

   B.   All signs must adhere to the following regulations:

      1.   No signs shall be placed in any public right of way except publicly owned signs.

      2.   No sign imitating or resembling an official traffic or government sign or signal shall be placed on property visible from any public right of way.

      3.   No sign shall be constructed or erected so as to create a traffic hazard.

      4.   No sign shall emit audible sound, odor, smoke, steam, laser or hologram lights.

      5.   It is the obligation of the owner of every sign within the city to maintain the sign in a good state of repair at all times. A sign which, due to structural weakness, design defect, or other reason, constitutes a threat to the health, safety, and welfare of any person or property, must be repaired, replaced or removed within thirty (30) days of notice from the city.

      6.   No lighted sign shall create a public nuisance or utilize an exposed incandescent, metal halide, or fluorescent light bulb.

      7.   Lighting shall be designed, located, shielded, and directed to prevent misdirected or excessive artificial light upon any adjacent public right of way, surrounding property, residential property or in motorists' vision.

      8.   The reduction or turning off of sign lighting during nonoperating hours is encouraged.

      9.   All signs shall be constructed in accordance with applicable building and electrical codes.

      10.   Abandoned signs or any sign which identifies or advertises an activity, business, service or event which is no longer produced, conducted, performed or sold on the premises where the sign is located is prohibited and must be removed within thirty (30) days of the use being vacated.

   C.   The following signs are allowed within the C-3 zone in conformance with the size and setback standards set forth:

      1.   Address numbers are required on the face of the building or sign visible from the fronting street right of way for easy identification of the property.

      2.   Hours of operation signs.

      3.   Signs located on private property, not oriented to the general public, and intended to provide information or direction to those using the facility.

      4.   Flags, symbols, or insignias.

      5.   Works of fine art displayed on private property within the setback of a building.

      6.   Memorial signs or tablets, names of buildings and dates of erection, when cut into or attached to the surface or facade of the building.

      7.   Religious symbols and seasonal decorations erected within the appropriate holiday season.

      8.   Freestanding, ground mounted, or monument signs no more than six feet (6') in height and not exceeding twenty four (24) square feet in size may be placed with a minimum setback of five feet (5') from the property line. Landscaping is required around the base.

      9.   Wall mounted, on premises signs not to exceed a maximum area of twenty four (24) square feet.

      10.   Signs painted directly on a wall shall not exceed fifteen percent (15%) of the wall area, with a maximum size of twenty four (24) square feet.

      11.   Hanging signs may be placed on a building or underneath an awning or colonnade, but may not project beyond the same. Signs hanging over a public right of way must have at least ten feet (10') ground clearance.

      12.   Portable signs and A-frame signs not to exceed six (6) square feet per side are allowed within the setback area, but not on the public sidewalk.

      13.   Temporary signs not exceeding fifty (50) square feet in area announcing the erection of a building, the architect, owner, or contractor may be erected for a period of sixty (60) days plus the construction period.

      14.   Real estate signs permitted provided that they are no greater than twelve (12) square feet in size and set back a minimum of ten feet (10') from the right of way line of any street or highway or property line. Real estate signs no greater than six (6) square feet in size can be set back a minimum of five feet (5') from the right of way or property line. (Ord. 398, 8-14-2009)

   A.   A minimum of two percent (2%) of the total lot shall be landscaped with trees, shrubbery, vines, ground covers, grass, or any combination thereof, all of which should be drought tolerant.

   B.   All landscaped areas shall be maintained in a healthy and thriving condition free of weeds, trash and debris.

   C.   Trees planted along a public street shall be done in compliance with Plummer tree ordinance, title 5, chapter 4 of this code, and shall be maintained in a manner to avoid interference with public utilities, sidewalks and streets. (Ord. 398, 8-14-2009)

   A.   Window and wall air conditioners, electrical utility meters, and air conditioning compressors shall be located in rear or side yards.

   B.   Flat roofs shall be enclosed by parapets a minimum of forty two inches (42") high, or as required to conceal mechanical equipment.

   C.   Lighting placed upon the building shall be architecturally integrated and shall not produce glare on public highways and neighboring property. (Ord. 398, 8-14-2009)

On property meeting the minimum lot size requirement within the C-3 zone the following uses may be permitted through the issuance of a special use permit pursuant to chapter 16 of this title:

Accessory buildings in excess of one thousand two hundred (1,200) square feet.

Apartment buildings with four (4) or more living units. Office, storage, laundry, and other facilities to be used by occupants of the apartment.

Churches.

Espresso stands and other small stand alone drive-up businesses.

Foster home; group home; and institution for minor children.

Government buildings, public utilities facility, nonindustrial, noncommercial, and no storage.

Hotels, motels, motor inns.

Ministorage, indoor storage facilities.

Public schools, private schools, kindergartens. (Ord. 398, 8-14-2009)