The commercially zoned districts are intended to provide for high quality area of various densities and intensities in an effort to promote quality of life, health and general welfare of citizens and visitors while providing a large variety of services and shopping, all consistent with the Comprehensive Plan. It shall be generally recognized that the type of use is not so important as the manner in which the use is accomplished. It is intended that these districts shall not be used indiscriminately to permit any use that could potentially be detrimental to the intent of the Zoning Ordinance.

   1.   Commercial Districts.

      A.   C-TS Town Square Business District. The C-TS District is intended to provide appropriate development regulations around the historic Town Square. A variety of commercial uses are permitted, with ground level retail and office uses and upper-level office or residential uses. This grouping of uses is designed to strengthen the town square’s role as a center for trade, service and civic life.

      B.   C-1 Central Business District. The C-1 District recognizes the unique mixed-use character of the area surrounding the town square. The development regulations are intended to provide for one- and two-family residential uses interspersed with a variety of commercial uses in a harmonious manner.

      C.   C-2 Commercial District. The C-2 District is intended and designed to provide for general uses and activities of a retail business, service industry or professional office character that, by nature of their business, provide service and commodities that benefit the community at large. These uses may create land use conflicts with adjacent residential areas, requiring sensitivity in design. This district is most appropriately located along arterial streets or in areas that can be adequately buffered from residential districts.

      D.   C-3 Office Park Commercial District. The C-3 District is intended and designed to provide for the development of business, professional, and public service offices and office buildings. Auxiliary uses, such as restaurants, will be allowed primarily to serve the needs of existing office uses within the same C-3 district

      E.   C-4 Neighborhood Friendly Commercial District. The C-4 District is intended and designed to provide for personal services for nearby residences and convenience shopping of the locally travelling public. Uses are intended to be low-intensity businesses that are wholly contained within the buildings. The design of buildings in the district is encouraged to be residential in character, with pitched roofs and landscaping, to blend with nearby neighborhoods.

   2.   Principal Permitted Uses. Principal permitted uses for commercial districts are as follows:

 

   3.   Restrictions for Principal Permitted Uses. The following restrictions shall apply to the appropriate Permitted Use with Restrictions

      A.   Outdoor storage of materials or equipment is not permitted in the C-2, C-3, or C-4 Districts except and specifically approved by Council on a Site Plan. Said storage shall be limited to areas designated on the Site Plan and shall be maintained and screened in conformance to the Site Plan.

      B.   Automobile, truck and equipment sales and service shall be permitted provided that all outside storage, display and parking areas shall be used and maintained in conformance with an approved Site Plan and the parking, display and storage of vehicles for hire, rental or sale shall be limited to the area designated for such use in the Site Plan. All storage shall be on paved surfaces.

      C.   No uses shall be permitted to be established or maintained in any district which by reason of its nature or manner of operation is or may become hazardous, noxious, or offensive owning to the emission of odor, dust, smoke cinders, gas, fumes, noise, vibrations, refuse matter, or water-carried waste.

      D.   Permitted uses with restrictions shall demonstrate said use will not have any detrimental impact on existing neighboring uses due to traffic congestion or parking needs, particularly in the C-TS, C-1, and C-4 Districts.

      E.   Adult Entertainment Business uses shall be subject to the following restrictions:

         (1)   These uses shall not be located within 1,500 feet of any other adult entertainment use; within 1,500 feet of any public, parochial or private school, licensed daycare facility, regular school bus stop, church, public park, supermarket, convenience store, or restaurant catering to family trade; or within 1,500 feet of any residential or agricultural zoning district or residentially-used or agriculturally-used property. Said distances shall be measured from property line to property line.

         (2)   All building openings, entries, exits, windows and the like shall be covered or screened in such a manner as to prevent a view into the interior from any public or semi-public area. For new construction, and whenever else it is considered feasible by the Zoning Enforcement Officer, the building shall be oriented so as to minimize any possibility of viewing the interior from pubic or semi-public areas.

         (3)   Advertisement, displays, signs or other promotional materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks, trails, or other public or semi-public areas.

         (4)   Notwithstanding anything to the contrary otherwise set forth in this chapter, adult entertainment businesses shall be permitted only in the C-2 zoning district and then only in compliance with the other restrictions set forth herein. It is the intent of this provision to permit the location of adult entertainment businesses solely in areas zoned C-2 and not in any other district including but not limited to agricultural, residential or industrial districts.

   Religious Institutions shall be subject to the following restrictions:

         (1)   Religious Institutions that have not received Site Plan approval by the City Council as of the effective date of the ordinance codified in this chapter shall not be permitted in the C-2 Commercial District.

         (2)   Religious Institutions for which a Site Plan has been approved by City Council as of the effective date of the ordinance codified in this chapter shall be considered a permitted use in the C-2 Commercial District. Subsequent amendments to the Site Plan for improvements including but not limited to additional parking areas, access roads, and building additions, may be considered for approval by City Council.

   4.   Auxiliary Uses. An auxiliary use shall mean a conditional use consisting of certain low-intensity commercial establishments which are primarily intended, designed and utilized to serve the proven needs of the principal permitted uses within the same zoning district. Possible auxiliary uses are noted with an “A” in the Permitted Principal Uses table for commercial districts. Auxiliary uses shall only be approved within a C-3 District in conjunction with a Site Plan and only provided the following conditions are satisfied:

      A.   The auxiliary uses shall primarily serve the needs of the principal permitted uses within the same C-3 district that are either in existence or will be constructed at or about the same time as the auxiliary use.

      B.   The design, aesthetics, location and character of the auxiliary structure or use shall be compatible with the principal permitted uses with the C-3 District.

      C.   The auxiliary use shall not adversely affect the setting and quality of development for the principal permitted uses within the C-3 District due to over concentration or over saturation of auxiliary uses within the same district.

      D.   The auxiliary use shall not generate substantial additional traffic nor create traffic congestion beyond that which would occur if any principal permitted use was to locate on the same site.

      E.   The auxiliary use shall not be hazardous, detrimental, or disturbing to principal permitted uses, nor to adjoining of abutting properties due to dust, glare, noise, smoke, odor, fumes, vibration or other effects not consistent with the principal permitted uses within the C-3 District.

   5.   Accessory Uses. Uses not permitted as a Principal Permitted Use for that zoning district shall not be permitted as an accessory use except as specifically permitted in this subsection. The following accessory uses are permitted in commercial zoning districts:

      A.   Customary accessory uses and structures incidental to the permitted principal uses.

      B.   Private garage or carport in association with a permitted residential use.

      C.   Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.

   6.   Accessory Structures. Accessory structures may be constructed on commercial properties as permitted in Section 165.06.

   7.   Site Development Regulations. Dimensional requirements for commercial districts are as follows:

 

   8.   Off-Street Loading. Off-street loading shall be provided as required by Section 165.17 for all commercial districts with the exception of C-TS zoning district.

   9.   Off-Street Parking. Off-street parking shall be provided for all uses in all commercial districts with the exception of retail shops, offices, restaurants (except fast food restaurants) and similar low-intensity uses in the C-TS zoning district. See Section 165.18 for off-street parking requirements. In addition, each dwelling unit constructed after the adoption of the ordinance codified in this chapter located within a C-1 district shall have a minimum two-car garage with the exception of apartment units with less than three bedrooms which shall have a minimum one-car garage.

   10.   Site Plans. Site plans shall be required for all uses in all commercial districts except single family and duplex family residential buildings in the C-1 zoning district. See Chapter 157 for Site Plan requirements.

   11.   Architectural Design Standards. Architectural Standards shall be required for all uses in all commercial districts consistent with the provisions of Section 157.09.

   12.   Open Space Requirements. Open space requirements shall be required for all commercial zoning districts, with the exception of the C-TS District, in conformance with Section 165.06, Subsection 11, of this chapter.

   13.   Landscape, Planting and Screening. Open space planting, parking area landscaping buffer screening with easements shall be required in accordance with Section 165.19 of this chapter.

   14.   Signs. All signage including, but not limited to, building and wall signs, monument and pole signs, shall be in conformance with Chapter 166.

   15.   Exceptions and Modifications. See Section 165.16 for exceptions to the commercial zoning district regulations.