The intent of the CN (Commercial Neighborhood) district is to provide for the majority of retail business and professional office uses within the City. This district is limited to retail and office activities which are conducted wholly within the facility, with certain minor exceptions. This district is intended to be primarily for neighborhood shopping centers, which provide for the sale of convenience goods and personal services for day-to-day needs.

In the CN zoning district, the uses permitted by right and by special use permit of the Governing Body are listed in Chapter 17.51, Table of General Uses.

In the CN district, permitted accessory uses shall be as follows:

A.

Accessory storage of retail goods to be sold or delivered to customers on the premises;

B.

Accessory servicing of goods.

In the CN district, the additional use regulations shall be as follows:

A.

Public utility rights-of-way, substations, pumping stations and municipal and civic buildings shall be housed in structures that harmonize with the character of the neighborhood and where adjoining residential zones have a buffer area where local conditions deem such reduction to be reasonable. Buffer areas shall be adequately screened in accordance with Chapter 17.74 and shall be subject to performance standards procedure and site plan approval by the Planning Commission.

B.

In addition to the particular requirements listed for any special use permit, the Governing Body may require, where reasonable or appropriate, fences and other safety devices, landscaping, screening, access roads and buffer areas as required.

C.

Buffer areas of fifty (50) feet shall be required for special permit uses, with the exception of live entertainment requiring a special use permit; however, the Governing Body may reduce the width of buffer areas where local conditions and substitute protection for neighboring properties is reasonably indicated. Buffer areas shall always be landscaped, screened, bermed if necessary, when adjacent to a residential neighborhood and will not create drainage problems and adequate yard area exists, and maintained in harmony with the landscaping and natural growth in the neighborhood.

D.

Any use permitted in this district within twenty-five (25) feet of a residential district boundary shall be screened along such plot line.

E.

A site development plan showing property uses for the entire area being considered for rezoning under the ownership of the applicant requesting rezoning may be filed for informational purposes at the time of a request for a change in zoning to the CN district. Such site plan may at the applicant's or staff's request be submitted to the Planning Commission for approval concurrently with the rezoning request. Such site plan shall not be incorporated into the rezoning ordinance. The site plan shall be considered as and shall in all respects have the same effect as a site plan submitted pursuant to SMC Title 17, Chapter 56.

F.

All retail sales and service establishments and accessory storage and servicing of goods shall be within completely enclosed buildings. No production of goods is permitted and all processing and servicing of goods shall be limited to fifty percent (50%) of the floor area. No outside storage of merchandise, materials or equipment shall be allowed.

G.

No zoning district shall be created unless there is a minimum of three (3) acres. The Governing Body may, however, approve smaller districts in the event that exceptional circumstances are found to be present and if the creation of the district is not contrary to the purpose and intent of the zoning district.

H.

No tavern shall be located within three hundred (300) feet of a residential district. Additionally, the distance requirements established in Section 5.08.050 of the Shawnee Municipal Code shall apply. No tavern shall contain less than one thousand five hundred (1,500) square feet.

I.

A filling station location on a plot, any line of which lies within twenty-five (25) feet of a residential district shall be screened along such plot line, and any floodlighting shall be arranged so that there will be no glare of lights toward such district boundary or any adjacent street. All facilities and service islands, canopies, etc., shall be setback from the road or roads the same distance as required for buildings. Such regulations shall apply to parking lots and parking garages.

J.

Automobile laundry facilities shall provide reservoir space as required by the Johnson County Wastewater District.

K.

Outdoor seasonal display may be allowed provided the display is located within an enclosed area which is screened with a solid material and is located on a hard surface attached to the side or rear of the building with site plan approval; or outdoor seasonal display may be provided along a paved sidewalk immediately adjacent to the building extending no greater than one-half (½) the width of the sidewalk, but in no event shall less than four (4) feet of unobstructed area from the outside edge of the sidewalk toward the building be provided between March 15th and October 31st. Firewood and windshield wash may be allowed on the sidewalk adjacent to the building as set out in these regulations with a special event permit approved by the Planning Commission between November 1st and March 15th. The Planning Commission may limit the size of the display. No other merchandise shall be placed along the sidewalk in front of a business without obtaining a special event permit for a sidewalk sale. Any outdoor seasonal display as provided in the definition for such use shall not be undertaken in a parking lot area without approval of a site plan by the Planning Commission and obtaining a special event permit in accordance with Section 17.67 of these regulations for an outdoor seasonal display.

(Ord. 3386, 2021)

A.

Maximum height: The maximum height requirements in the CN zoning district is forty-five (45) feet.

B.

Minimum lot area: The minimum lot area in the CN zoning district is three (3) acres, unless a determination is made under Section 17.38.030(G).

C.

Minimum lot width: Fifty (50) feet along a public or platted private street.

D.

Minimum yard setback requirements:

1.

Front yard: Forty (40) feet.

2.

Rear yard: Twenty-five (25) feet; however, such rear yards abutting residentially zoned districts shall be screened and landscaped subject to Planning Commission review and approval.

3.

Side yard: When abutting a nonresidential district none is required, but if provided it shall be at least ten (10) feet wide. When abutting a residential district it shall be a minimum of twenty (20) feet wide. Such side yards abutting residentially zoned districts shall be screened and landscaped subject to Planning Commission review and approval.