C-2, GENERAL COMMERCIAL DISTRICT
The C-2, General Commercial District is designed to cater to the needs of a larger consumer population than that which is served by Local Business District uses. They are primarily targeted to cater to the impulse shopping needs of "passer-by" traffic and destination shopping needs for persons interested in comparison goods purchases. Many of these businesses are generally located within a cluster of retail establishments served by common parking or in proximity to publicly provided off-street parking lots.
In all C-2 Districts, no building or land, except as otherwise provided in this Ordinance, shall be erected or used except for one or more of the following specified uses:
A.
All uses permitted in a C-1 District.
B.
Any retail business, service establishment or wholesale business and including but not limited to the following nature of uses: standard, carry-out or fast-food restaurants, theaters, assembly halls, recreation and dance halls, testing and research laboratories, film production, and uses similar in character to any of the above permitted uses which will not, in the determination of the Site Committee, create a nuisance factor to other uses in the district in which they are located, or to any adjacent zoning district. However, this shall not permit the operation of material storage yards, including new and used lumber sales, used machinery, used auto parts or other open storage.
C.
The executive or administrative offices or departments of professional, philanthropic, industrial or commercial enterprises.
D.
Establishments for the repair, alteration, finishing, assembling, fabrication or storage of goods primarily for residents of the locality or for sale or retail on the premises, provided there is not in connection therewith, the operation of any machinery, or the conduct of any process or activity, or the storage or display of goods in such manner as to create a nuisance factor.
E.
Gasoline filling stations and gasoline service stations, subject to the following:
1.
A principal building, of not less than four hundred (400) square feet in area, shall be required.
2.
Minimum lot area shall be fifteen thousand (15,000) square feet for an automobile service station. Gasoline filling stations may be permitted on lots of ten thousand (10,000) square feet. For each additional accessory use such as, but not limited to, a fast-food restaurant, car wash, or convenience store, an additional 5,000 square feet of lot area shall be provided. In no instance shall the percentage of building coverage on site exceed 35 percent.
3.
Minimum lot width and frontage shall be not less than one hundred fifty (150) feet.
4.
A building shall be located not less than fifty (50) feet from any right-of-way line.
5.
Ingress and egress to the facility shall only be from a major thoroughfare or from a shared access drive to such roadway. Drives shall not be more than thirty (30) feet in width.
6.
Not more than two (2) driveways onto adjacent roadways shall be permitted per road frontage. Curb cuts shall not be permitted where, in the opinion of the Site Committee, it may produce a safety hazard to adjacent pedestrian or vehicular traffic.
7.
No drive or curb opening shall be located nearer than twenty-five (25) feet to any intersection or adjacent residential property line, as measured along the property line. No drive shall be located nearer than thirty (30) feet, as measured along the property line, to any other drive on the premises. No drive shall be located less than ten (10) feet from any lot line, as measured along the property line.
8.
The entire lot, excluding the area occupied by buildings, shall be hard surfaced with concrete or asphalt material, except landscaped areas which shall be separated from all paved areas by a low barrier or curb.
9.
All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All gasoline pumps shall be located not less than fifteen (15) feet from any lot line, and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or encroaching upon any public sidewalk, street or right-of-way.
10.
When adjoining residentially zoned property, a six (6) foot masonry wall shall be erected and maintained along the connecting interior lot line, or if separated by an alley, then along the alley lot line. All masonry walls shall be protected by a fixed curb or similar barrier to prevent contact by vehicles. Such walls may be eliminated or gradually stepped down in height within twenty-five (25) feet of any right-of-way line, subject to approval by the Site Committee.
11.
All outside storage areas for trash, used tires, auto parts and similar items shall be enclosed by a six (6) foot ornamental masonry wall with such storage being located in the rear yard.
12.
Any stored items may not be stacked higher than the enclosing wall height. Outside storage or parking of disabled, wrecked, or partially dismantled vehicles shall not be permitted for a period exceeding five (5) days.
13.
The sale of new or used cars, trucks, trailers, and any other vehicles on the premises is expressly prohibited.
14.
All exterior lighting shall be erected and hooded so as to shield the glare of such lights from view by adjacent properties. In no instance shall such lighting exceed a brightness of 1.0 foot-candles as measured at the property line.
15.
The site should be no less than two hundred (200) feet from any place of public assembly, including any hospital, sanitarium, school, church, or other institution. Measurement shall be the closest distance between the pump islands and the exterior wall of the building used for public assembly.
16.
There shall be no above-ground outdoor storage/dispensing tanks on site.
17.
The view of all restroom doors and/or service bay doors shall not be visible from adjacent residential districts.
18.
A permanent covered structure shall be provided over that portion of the pump island and drive area of any station wherein customers are required to dispense fuel into their own vehicles on a self-service basis. Such structure shall not be enclosed by walls and shall be provided with a minimum clearance of thirteen feet, six inches (13'-6") between the underside of the roof structure and the drive surface. For purposes of this Ordinance, setback requirements shall not apply to canopies; however, in no instance shall they extend beyond the property line.
19.
All off-street parking areas, maneuvering lanes, and paved surface areas shall be drained so as to preclude drainage of water onto adjacent property and public rights-of-way.
20.
A minimum ten (10) foot greenbelt, planted in accordance with the specifications of Section 3.16,F shall be provided along all right-of-way lines bordering a major thoroughfare.
21.
Auto wash facilities, when established in connection with the principal use on the same zoning lot, shall comply with the following standards:
a.
All washing activities must be carried on within an enclosed building.
b.
Vacuuming activities shall be at least fifty (50) feet distant from any adjoining residential zone. In no instance shall the "A" weighted sound level from the vacuuming activity exceed 77 dBA when measured at the property line.
c.
The entrances and exits of the facility shall be from within the lot and not directly to or from an adjoining street or alley. A street or alley shall not be used as maneuvering or parking spaces for vehicles to be serviced by the subject facility.
d.
Provision shall be made for the drying of the automobile's undercarriage during freezing weather prior to entering the public thoroughfare for all automatic auto wash facilities. In addition, such auto washes must also install underground heating elements at each vehicle exit to prevent icing at grade.
e.
There shall be provided no less than five (5) stacking spaces for each automatic wash lane.
f.
Vehicle stacking spaces shall be clearly separated from pump islands and from routes necessary for entering and exiting the property, and in a manner which precludes pedestrians from traversing through such space.
22.
Convenience stores and/or fast food restaurants, when established in connection with the principal use on the same zoning lot, shall comply with the following standards.
a.
The sale of alcoholic beverages is expressly prohibited.
b.
Buildings shall be so arranged on site in a manner that screens any drive-through lanes from adjoining residentially zoned land.
c.
Drive-through lanes shall be separated from pump islands and from routes necessary for entering and exiting the property.
d.
Customer parking for convenience store and/or fast food use shall be located on the site in a manner which precludes pedestrians from traversing through drive-through lanes and off-street loading zones.
e.
Loading zones shall be restricted to the rear or side yards.
f.
There shall be provided no less than five (5) stacking spaces for the drive through lane.
g.
Food service areas shall be physically separated from vehicle repair and service facilities.
h.
The sale of snack food items, commonly consumed by travelers (e.g. pop, candy, packaged snacks and goods dispensed through a vending machine), bread, milk, juice, cigarettes and sundry items shall be permitted as part of a gasoline filling or service station provided that the sale of such items is clearly incidental to the sale of vehicular fuel and lubricants, minor parts and accessories; and further provided that the area used for the sale and storage of food and sundry items does not exceed a usable floor area of five hundred (500) square feet.
23.
On-site parking shall equal the sum of the number of parking spaces required separately for each use.
F.
Auto wash when totally enclosed within a building, including both automatic and self- service/coin-operated establishments.
G.
Buildings and uses customarily accessory to any of the above permitted uses, but which will not cause a nuisance factor to the surrounding neighborhood. Amusement devices shall be considered an accessory use to those establishments which are principally operated for the sale and consumption of food and/or beverages on the premises and in bowling alleys, racquet clubs and similar indoor commercial recreational use.
H.
Open air display areas for the sale of manufactured products, such as or similar to garden furniture, earthenware, hardware items and nursery stock, or the rental of manufactured products, or equipment, such as household equipment, small tools, pneumatic tired two and four wheeled utility trailers, pneumatic tired cement mixers, having a capacity of not more than three and one-half (3½) cubic feet and capable of being towed by a passenger automobile, wheelbarrows, rollers and similar products or equipment, shall comply with the following:
1.
A minimum zoning lot area of six thousand (6,000) square feet shall be required.
2.
A building, of not less than four hundred (400) square feet in area and not more than fifteen (15) feet in height, shall be required, which shall be located at the front of the zoning lot.
3.
The display area shall be treated so as to prevent the raising of dust or loose particles, such surfacing may be constructed of crushed stone, slag, gravel, cinders or any type of permanent surfacing, meeting the approval of the Department of Public Services.
4.
The area shall be graded and proper drainage facilities shall be provided to dispose of all surface water, and shall meet the approval of the Department of Public Services.
5.
Adequate lighting facilities shall be provided and so arranged as to reflect light away from residential uses adjacent to the area. When such open air display area is closed there shall be provided lighting with reflectors at a level of not less than one and one-half (1½) watts per each square yard of display area.
6.
This display area shall be enclosed with a five (5) foot chain link fence. The fence shall be located on the side and rear property lines, but shall set back eight (8) feet from the front property line. Openings for ingress and egress shall be provided with gates which shall be locked when business is closed.
(I)
Reserved.
J.
Establishments providing major automotive repair (including paint and body shops) subject to the following conditions:
1.
No vehicle awaiting repair shall be stored in a required yard area.
2.
All outdoor storage, including vehicles awaiting repair, shall be totally obscured by an obscuring wall, berm, or greenbelt.
3.
All work shall be performed inside an enclosed building, the vehicle entrance door of which shall not be adjacent to a residential district.
4.
The outdoor storage of automobile parts, or partially disassembled automobiles, shall be prohibited.
K.
Health and athletic clubs.
L.
Video/DVD rental establishments.
M.
Antique Shops. (For purposes of this section, the term "antique" shall be held to apply only to those objects documented to have a worth over and above their utilitarian value. Resale shops handling only objects of utilitarian value shall not be considered an antique shop.)
N.
Other uses similar to the above uses, as determined by the Site Committee.
O.
Accessory buildings and uses customarily incidental to any of the above-permitted uses when located on the same zoning lot and subject further to the provisions of Article III, Section 3.11.
P.
Certain Limited Marihuana Establishments.
(Ord. No. 152N, 2-12-2019; Ord. No. 152N(Amd.), § 1, 6-11-2024)
The following uses shall be permitted, subject to the conditions hereinafter imposed for each use:
A.
Secondhand goods dealers, resale shops, thrift shops, collectible stores, and consignment shops, operated for a profit, subject to the following conditions:
1.
The site shall not be located within 100 feet of a residential district.
2.
The site shall be so located as to abut a major thoroughfare right-of-way, and all ingress and egress to the site shall be directly from said major thoroughfare.
3.
Secondhand goods dealers, resale shops, thrift shops, collectibles stores, and consignment shops dealing exclusively with clothing are exempt from the requirements of Section 10.02.A.
See Article XVI, "SCHEDULE OF REGULATIONS" limiting the height and bulk of buildings, the minimum size of lot permitted by land use, and the minimum yard setback requirements.
C-2, GENERAL COMMERCIAL DISTRICT
The C-2, General Commercial District is designed to cater to the needs of a larger consumer population than that which is served by Local Business District uses. They are primarily targeted to cater to the impulse shopping needs of "passer-by" traffic and destination shopping needs for persons interested in comparison goods purchases. Many of these businesses are generally located within a cluster of retail establishments served by common parking or in proximity to publicly provided off-street parking lots.
In all C-2 Districts, no building or land, except as otherwise provided in this Ordinance, shall be erected or used except for one or more of the following specified uses:
A.
All uses permitted in a C-1 District.
B.
Any retail business, service establishment or wholesale business and including but not limited to the following nature of uses: standard, carry-out or fast-food restaurants, theaters, assembly halls, recreation and dance halls, testing and research laboratories, film production, and uses similar in character to any of the above permitted uses which will not, in the determination of the Site Committee, create a nuisance factor to other uses in the district in which they are located, or to any adjacent zoning district. However, this shall not permit the operation of material storage yards, including new and used lumber sales, used machinery, used auto parts or other open storage.
C.
The executive or administrative offices or departments of professional, philanthropic, industrial or commercial enterprises.
D.
Establishments for the repair, alteration, finishing, assembling, fabrication or storage of goods primarily for residents of the locality or for sale or retail on the premises, provided there is not in connection therewith, the operation of any machinery, or the conduct of any process or activity, or the storage or display of goods in such manner as to create a nuisance factor.
E.
Gasoline filling stations and gasoline service stations, subject to the following:
1.
A principal building, of not less than four hundred (400) square feet in area, shall be required.
2.
Minimum lot area shall be fifteen thousand (15,000) square feet for an automobile service station. Gasoline filling stations may be permitted on lots of ten thousand (10,000) square feet. For each additional accessory use such as, but not limited to, a fast-food restaurant, car wash, or convenience store, an additional 5,000 square feet of lot area shall be provided. In no instance shall the percentage of building coverage on site exceed 35 percent.
3.
Minimum lot width and frontage shall be not less than one hundred fifty (150) feet.
4.
A building shall be located not less than fifty (50) feet from any right-of-way line.
5.
Ingress and egress to the facility shall only be from a major thoroughfare or from a shared access drive to such roadway. Drives shall not be more than thirty (30) feet in width.
6.
Not more than two (2) driveways onto adjacent roadways shall be permitted per road frontage. Curb cuts shall not be permitted where, in the opinion of the Site Committee, it may produce a safety hazard to adjacent pedestrian or vehicular traffic.
7.
No drive or curb opening shall be located nearer than twenty-five (25) feet to any intersection or adjacent residential property line, as measured along the property line. No drive shall be located nearer than thirty (30) feet, as measured along the property line, to any other drive on the premises. No drive shall be located less than ten (10) feet from any lot line, as measured along the property line.
8.
The entire lot, excluding the area occupied by buildings, shall be hard surfaced with concrete or asphalt material, except landscaped areas which shall be separated from all paved areas by a low barrier or curb.
9.
All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All gasoline pumps shall be located not less than fifteen (15) feet from any lot line, and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or encroaching upon any public sidewalk, street or right-of-way.
10.
When adjoining residentially zoned property, a six (6) foot masonry wall shall be erected and maintained along the connecting interior lot line, or if separated by an alley, then along the alley lot line. All masonry walls shall be protected by a fixed curb or similar barrier to prevent contact by vehicles. Such walls may be eliminated or gradually stepped down in height within twenty-five (25) feet of any right-of-way line, subject to approval by the Site Committee.
11.
All outside storage areas for trash, used tires, auto parts and similar items shall be enclosed by a six (6) foot ornamental masonry wall with such storage being located in the rear yard.
12.
Any stored items may not be stacked higher than the enclosing wall height. Outside storage or parking of disabled, wrecked, or partially dismantled vehicles shall not be permitted for a period exceeding five (5) days.
13.
The sale of new or used cars, trucks, trailers, and any other vehicles on the premises is expressly prohibited.
14.
All exterior lighting shall be erected and hooded so as to shield the glare of such lights from view by adjacent properties. In no instance shall such lighting exceed a brightness of 1.0 foot-candles as measured at the property line.
15.
The site should be no less than two hundred (200) feet from any place of public assembly, including any hospital, sanitarium, school, church, or other institution. Measurement shall be the closest distance between the pump islands and the exterior wall of the building used for public assembly.
16.
There shall be no above-ground outdoor storage/dispensing tanks on site.
17.
The view of all restroom doors and/or service bay doors shall not be visible from adjacent residential districts.
18.
A permanent covered structure shall be provided over that portion of the pump island and drive area of any station wherein customers are required to dispense fuel into their own vehicles on a self-service basis. Such structure shall not be enclosed by walls and shall be provided with a minimum clearance of thirteen feet, six inches (13'-6") between the underside of the roof structure and the drive surface. For purposes of this Ordinance, setback requirements shall not apply to canopies; however, in no instance shall they extend beyond the property line.
19.
All off-street parking areas, maneuvering lanes, and paved surface areas shall be drained so as to preclude drainage of water onto adjacent property and public rights-of-way.
20.
A minimum ten (10) foot greenbelt, planted in accordance with the specifications of Section 3.16,F shall be provided along all right-of-way lines bordering a major thoroughfare.
21.
Auto wash facilities, when established in connection with the principal use on the same zoning lot, shall comply with the following standards:
a.
All washing activities must be carried on within an enclosed building.
b.
Vacuuming activities shall be at least fifty (50) feet distant from any adjoining residential zone. In no instance shall the "A" weighted sound level from the vacuuming activity exceed 77 dBA when measured at the property line.
c.
The entrances and exits of the facility shall be from within the lot and not directly to or from an adjoining street or alley. A street or alley shall not be used as maneuvering or parking spaces for vehicles to be serviced by the subject facility.
d.
Provision shall be made for the drying of the automobile's undercarriage during freezing weather prior to entering the public thoroughfare for all automatic auto wash facilities. In addition, such auto washes must also install underground heating elements at each vehicle exit to prevent icing at grade.
e.
There shall be provided no less than five (5) stacking spaces for each automatic wash lane.
f.
Vehicle stacking spaces shall be clearly separated from pump islands and from routes necessary for entering and exiting the property, and in a manner which precludes pedestrians from traversing through such space.
22.
Convenience stores and/or fast food restaurants, when established in connection with the principal use on the same zoning lot, shall comply with the following standards.
a.
The sale of alcoholic beverages is expressly prohibited.
b.
Buildings shall be so arranged on site in a manner that screens any drive-through lanes from adjoining residentially zoned land.
c.
Drive-through lanes shall be separated from pump islands and from routes necessary for entering and exiting the property.
d.
Customer parking for convenience store and/or fast food use shall be located on the site in a manner which precludes pedestrians from traversing through drive-through lanes and off-street loading zones.
e.
Loading zones shall be restricted to the rear or side yards.
f.
There shall be provided no less than five (5) stacking spaces for the drive through lane.
g.
Food service areas shall be physically separated from vehicle repair and service facilities.
h.
The sale of snack food items, commonly consumed by travelers (e.g. pop, candy, packaged snacks and goods dispensed through a vending machine), bread, milk, juice, cigarettes and sundry items shall be permitted as part of a gasoline filling or service station provided that the sale of such items is clearly incidental to the sale of vehicular fuel and lubricants, minor parts and accessories; and further provided that the area used for the sale and storage of food and sundry items does not exceed a usable floor area of five hundred (500) square feet.
23.
On-site parking shall equal the sum of the number of parking spaces required separately for each use.
F.
Auto wash when totally enclosed within a building, including both automatic and self- service/coin-operated establishments.
G.
Buildings and uses customarily accessory to any of the above permitted uses, but which will not cause a nuisance factor to the surrounding neighborhood. Amusement devices shall be considered an accessory use to those establishments which are principally operated for the sale and consumption of food and/or beverages on the premises and in bowling alleys, racquet clubs and similar indoor commercial recreational use.
H.
Open air display areas for the sale of manufactured products, such as or similar to garden furniture, earthenware, hardware items and nursery stock, or the rental of manufactured products, or equipment, such as household equipment, small tools, pneumatic tired two and four wheeled utility trailers, pneumatic tired cement mixers, having a capacity of not more than three and one-half (3½) cubic feet and capable of being towed by a passenger automobile, wheelbarrows, rollers and similar products or equipment, shall comply with the following:
1.
A minimum zoning lot area of six thousand (6,000) square feet shall be required.
2.
A building, of not less than four hundred (400) square feet in area and not more than fifteen (15) feet in height, shall be required, which shall be located at the front of the zoning lot.
3.
The display area shall be treated so as to prevent the raising of dust or loose particles, such surfacing may be constructed of crushed stone, slag, gravel, cinders or any type of permanent surfacing, meeting the approval of the Department of Public Services.
4.
The area shall be graded and proper drainage facilities shall be provided to dispose of all surface water, and shall meet the approval of the Department of Public Services.
5.
Adequate lighting facilities shall be provided and so arranged as to reflect light away from residential uses adjacent to the area. When such open air display area is closed there shall be provided lighting with reflectors at a level of not less than one and one-half (1½) watts per each square yard of display area.
6.
This display area shall be enclosed with a five (5) foot chain link fence. The fence shall be located on the side and rear property lines, but shall set back eight (8) feet from the front property line. Openings for ingress and egress shall be provided with gates which shall be locked when business is closed.
(I)
Reserved.
J.
Establishments providing major automotive repair (including paint and body shops) subject to the following conditions:
1.
No vehicle awaiting repair shall be stored in a required yard area.
2.
All outdoor storage, including vehicles awaiting repair, shall be totally obscured by an obscuring wall, berm, or greenbelt.
3.
All work shall be performed inside an enclosed building, the vehicle entrance door of which shall not be adjacent to a residential district.
4.
The outdoor storage of automobile parts, or partially disassembled automobiles, shall be prohibited.
K.
Health and athletic clubs.
L.
Video/DVD rental establishments.
M.
Antique Shops. (For purposes of this section, the term "antique" shall be held to apply only to those objects documented to have a worth over and above their utilitarian value. Resale shops handling only objects of utilitarian value shall not be considered an antique shop.)
N.
Other uses similar to the above uses, as determined by the Site Committee.
O.
Accessory buildings and uses customarily incidental to any of the above-permitted uses when located on the same zoning lot and subject further to the provisions of Article III, Section 3.11.
P.
Certain Limited Marihuana Establishments.
(Ord. No. 152N, 2-12-2019; Ord. No. 152N(Amd.), § 1, 6-11-2024)
The following uses shall be permitted, subject to the conditions hereinafter imposed for each use:
A.
Secondhand goods dealers, resale shops, thrift shops, collectible stores, and consignment shops, operated for a profit, subject to the following conditions:
1.
The site shall not be located within 100 feet of a residential district.
2.
The site shall be so located as to abut a major thoroughfare right-of-way, and all ingress and egress to the site shall be directly from said major thoroughfare.
3.
Secondhand goods dealers, resale shops, thrift shops, collectibles stores, and consignment shops dealing exclusively with clothing are exempt from the requirements of Section 10.02.A.
See Article XVI, "SCHEDULE OF REGULATIONS" limiting the height and bulk of buildings, the minimum size of lot permitted by land use, and the minimum yard setback requirements.