Rothbury City Zoning Code

C-1 COMMERCIAL

DISTRICT

§ 154.185 INTENT AND PURPOSE.

(A) It is the intention of this zoning district to encourage commercial growth in appropriate areas, separated from residential uses as much as possible. Activities encouraged in the C-1 Commercial Zoning District include general retail stores and services, restaurants, local government services, specialty shops, and professional offices. This area should serve as the major commercial service area of the village, maintaining the character of the Central Business District.

(B) The Commercial District should encourage the development of coordinated, concentrated, commercial nodes in an area that allows the development of commercial uses, and encourages coordinated multiple-use commercial developments. The C-1 Commercial Zoning District serves the entire village and nearby residential areas and the traveling public, thus promoting and broadening the economic base of the village. The general goal for the Central Business District is to effectively enhance the overall image and character of the area by financing critical public improvements.

(C) Commercial development requires a variety of services and can result in traffic and parking demands and the need to introduce public parking, improve street lighting, and eventually provide water and sewer services. It is intended that the existence of commercial development will attract additional commercial activities and that by consolidating commercial development, public services can be provided more economically, and land use conflicts can be minimized.

(Prior Code, § 154.185) (Ord. 48, passed 6-21-2005)

§ 154.186 USES ALLOWED BY RIGHT.

Land and/or buildings in this District may be used for the following purposes by right:

(A) Adult uses;

(B) Appliance stores;

(D) Auto convenience marts;

(E) Banks;

(F) Book stores;

(G) Clinics and medical facilities;

(H) Clothing stores;

(I) Copy shops;

(J) Drug stores;

(K) Florists;

(L) Furniture stores;

(M) Gift shops;

(N) Grocery and food markets;

(O) Hardware stores;

(P) Health and physical fitness salons;

(Q) Health services clinics;

(R) Internet service providers, web search portals, and data processing services;

(S) Jewelers;

(T) Museums and art galleries;

(U) Offices for personal care services, such as barber and beauty shops;

(V) Sales and service of electronic products;

(W) Restaurants;

(X) Retail bakeries;

(Y) Retailers of floor coverings;

(Z) Shoe stores;

(AA) Skating rinks;

(BB) Taverns; and

(CC) Theaters.

(Prior Code, § 154.186) (Ord. 48, passed 6-21-2005)

§ 154.187 ACCESSORY STRUCTURES AND USES.

Uses and activities customarily incidental to the above permitted uses include:

(A) Automated teller machines;

(B) Landscaping;

(D) Parking lots (including municipal and private facilities) not directly associated with a principal use;

(E) Refuse storage facilities;

(F) Signs; and

(G) Other uses and structures customarily incidental to any permitted use.

(Prior Code, § 154.187) (Ord. 48, passed 6-21-2005)

§ 154.188 SPECIAL LAND USES.

The following uses shall be permitted when applicable site plan review standards and requirements are met:

(A) Automobile service stations;

(B) Automobile car washes;

(D) Childcare centers;

(E) Coin-operated laundries, dry cleaning pick-up stations, and dry cleaners;

(F) Drive-through or drive-in businesses, including restaurants, banks, and similar uses;

(G) Fraternal and non-profit organizations;

(H) Government services;

(I) Institutional uses;

(J) Institutional care facilities;

(K) Indoor commercial recreation facilities such as theaters, bowling alleys, skating rinks, or similar uses;

(L) Coffee kiosks;

(M) Multiple uses of buildings;

(N) Radio and television broadcasting studios without communications towers; and

(O) Farming activities undertaken pursuant to the State Right to Farm Act, and exercised in accordance with generally-accepted agricultural and management practices.

(Prior Code, § 154.188) (Ord. 48, passed 6-21-2005; Ord. 49, passed 6-19-2007)

§ 154.189 DISTRICT HEIGHT, AREA, AND DIMENSION REGULATIONS.

Principal uses, accessory uses, and special uses in the C-1 Zoning District shall meet all applicable regulations and will be subject to review by the Planning Commission prior to approval and be subject to off-street parking and loading regulations as specified in this chapter. Approval for any use permitted in this District shall be obtained by following the site plan review procedures and conditions:

(A) Density: N/A;

(B) Minimum lot size: N/A;

(D) Structure height: 40 feet;

(E) Dwelling size: N/A; and

(F) Dwelling width: N/A.

(G) Setbacks:

Type	Size
Front	0 feet*
Rear	15 feet
Side	0 feet
*When the actual building setback is different than the required setback, the setback may be established to comply with the average of the existing buildings in the block. Front setbacks must be compatible with the setbacks already established in the C-1 District. They are intended to be zero setbacks. However, where the setback has not been established or has been established at a distance greater than zero, the Planning Commission may require a front setback greater than zero.

(Prior Code, § 154.189) (Ord. 48, passed 6-21-2005)

§ 154.190 GENERAL DISTRICT STANDARDS AND REQUIREMENTS.

(A) A site plan of the proposed use shall be presented to and approved by the Planning Commission before a zoning permit is issued for the proposed use. The site plan shall meet all requirements of this chapter.

(B) Accessory buildings are not allowed except as approved on the site plan

(C) No structure shall be located closer than 30 feet from any residential district. Landscaping shall be maintained as a visual and audible buffer to all surrounding residential districts.

(D) Adequate loading areas shall be provided so that all vehicles loading, maneuvering, or unloading are completely off the public ways.

(E) Adequate access to a public streets shall be provided for each parking and loading area.

(F) All off-street parking areas and loading areas shall be graded and surfaced so as to be dust-free and properly drained. Parking areas for more than ten vehicles shall have the aisles and spaces clearly marked.

(G) All loading and parking areas shall be so designed and constructed that all vehicles using such areas shall, with ease of movement and ample space for maneuvering, enter, and exit from the areas in a forward movement.

(H) All development plans for construction within this C-1 Commercial District shall be reviewed and approved by the Planning Commission prior to the issuance of any zoning permits. Planning Commission review and approval shall include, but not be limited to, such considerations as: fire-safety; ingress and egress; internal traffic circulation; location and design of structures; location of off-street parking and loading; landscaping; sign location and designs; proposed improvements and proposed water supply; and sewage and trash disposal and drainage. The applicant shall submit adequate plans to allow detailed review of each of the above elements by the Planning Commission.

(I) In approving proposed developments, the Planning Commission shall find:

(1) Public health and safety issues have been adequately provided for in the development plans;

(2) A maximum effort is being made to coordinate proposed developments with surrounding parcels to coordinate access and egress drives, internal traffic circulation, and design features; and

(3) Proposed developments do not cause nuisances of noise, vibrations, smoke, dust, dirt, offensive odors, unusual traffic generation, effluents, or uncontrolled drainage.

(Prior Code, § 154.190) (Ord. 48, passed 6-21-2005)