This commercial district is for the conduct of retail trade and personal service enterprises to meet the regular needs and for the convenience of the people of adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood closely associated with residential, religious, recreational and educational uses, more restrictive requirements for light, air, open space, and off-street parking are made than are provided in other commercial districts.

(Prior Code, § 45-4.26; Code 1983, § 12-270; Ord. No. 301-A, 11-8-1990)

Property and buildings in a C-1 Neighborhood Commercial District shall be used only for the following purposes:

(1)

Any use permitted in an R-3 General Residential District and R-4 Medium-High Density Residential District.

(2)

Any use permitted on review in an R-3 General Residential District.

(3)

Retail stores and shops which do not exceed 12,000 square feet of gross floor area and which supply the regular and customary needs of the residents of the neighborhood and which are primarily for their convenience as follows:

a.

Antique shop.

b.

Appliance store.

c.

Arts school, gallery or museum.

d.

Artists materials, supply studio.

e.

Baby shop.

f.

Bakery goods store.

g.

Bank.

h.

Barbershop.

i.

Beauty shop.

j.

Book or stationery store.

k.

Camera shop.

l.

Candy store.

m.

Catering establishment.

n.

Cleaning, pressing, laundry collection agency.

o.

Curio or gift shop.

p.

Drugstore or fountain.

q.

Dry goods store.

r.

Dairy products or ice cream store.

s.

Delicatessen.

t.

Dress shop.

u.

Florist shop, greenhouse, nursery.

v.

Furniture store.

w.

Grocery store or supermarket.

x.

Hardware store.

y.

Hotel.

z.

Jewelry or notion store.

aa.

Lodge hall.

bb.

Meat market.

cc.

Medical facility.

dd.

Messenger or telegraph service.

ee.

Musical instrument sales.

ff.

Newspaper or magazine sales.

gg.

office business.

hh.

Optometrists sales and service.

ii.

Package store for sale of beer.

jj.

Photographer studio.

kk.

Pharmacy.

ll.

Radio and television sales and services.

mm.

Restaurant.

nn.

Self-service laundry or dry cleaning.

oo.

Sewing machine sales, instruction.

pp.

Sporting goods sales.

qq.

Shoe repair shop.

rr.

Tailor shop.

ss.

Toy store.

tt.

Variety store.

(4)

Nameplate and sign relating only to the use of the store and premises or to products sold on the premises.

(5)

Accessory buildings and uses customarily incidental to the above uses.

(6)

A building used for any of the above enumerated uses may not have more than 40 percent of its floor area devoted to purposes incidental to the primary use. No material or goods offered for sale or stored in connection with the uses enumerated in subsections (a)(1) through (a)(5) of this section shall be displayed or stored outside of a building.

(7)

Drive-in restaurants, dairy products stores, and other stores where drive-in facilities provide the principal means of servicing customers, shall not be permitted in this district.

(Prior Code, § 45-4.27; Code 1983, § 12-271; Ord. No. 185-A, 6-30-1983; Ord. No. 301-A, 11-8-1990)

The area requirements for dwellings shall be the same as the requirements of the R-3 General Residential District. The following requirements shall apply to all other uses permitted in this district:

(1)

Front yard. All buildings shall set back from the street right-of-way line to provide a front yard having not less than 25 feet in depth.

(2)

Side yard. On the side of a lot adjoining a dwelling district, there shall be a side yard of not less than ten feet. There shall be a side yard setback from an intersecting street of not less than 25 feet.

(3)

Rear yard. There shall be provided an alley, service court, rear yard, or combination thereof, of not less than 30 feet.

(Prior Code, § 45-4.28; Code 1983, § 12-272)

No building shall exceed 2½ stories or 35 feet in height, except as hereinafter provided in section 44-335.

(Prior Code, § 45-4.29; Code 1983, § 12-273; Ord. No. 301-A, 11-8-1990)

This commercial district is intended for a unified grouping, in one or more buildings, of retail shops and stores that provide for the regular needs and are for the convenience of the people residing in the adjacent residential neighborhoods. It is intended that the neighborhood shopping center be developed as a unit, with adequate off-street parking space for customers and employees, and with appropriate landscaping and screening materials.

(Prior Code, § 45-4.30; Code 1983, § 12-280; Ord. No. 301-A, 11-8-1990)

Property and buildings in a C-2 Neighborhood Shopping Center District shall be used only for the uses enumerated below; provided, however, that these uses shall be located in the unified shopping center which shall have not less than five shops and stores, at least one of which shall be a supermarket or variety store of not less than 10,000 square feet of gross floor area. The shops and stores of the shopping center shall have a combined total gross floor area of not less than 20,000 square feet and shall be located on a tract of land of not less than 2½ acres. Any of the following uses shall be permitted:

(1)

Antique shop.

(2)

Appliance store.

(3)

Apparel store, family, children, men or women.

(4)

Artists supplies.

(5)

Automobile parking lot.

(6)

Bakery goods store.

(7)

Bank.

(8)

Barbershop.

(9)

Beauty shop.

(10)

Book or stationery store.

(11)

Camera shop.

(12)

Candy store.

(13)

Catering establishment.

(14)

Cleaning and pressing collection station.

(15)

Curio shop.

(16)

Drug store or fountain.

(17)

Dry-goods store.

(18)

Dairy products or ice cream store.

(19)

Delicatessen.

(20)

Florist shop.

(21)

Furniture store.

(22)

Gift shop.

(23)

Grocery store.

(24)

Hardware store.

(25)

Self-service laundry.

(26)

Liquor store.

(27)

Jewelry store.

(28)

Meat market.

(29)

Medical facility.

(30)

Music store.

(31)

Newspaper or magazine sales.

(32)

Notions store.

(33)

office supply store.

(34)

Optometrists sales and service.

(35)

Paint and decorating shop.

(36)

Photographer studio.

(37)

Pharmacy.

(38)

Radio and television sales and services.

(39)

Restaurant.

(40)

Sewing machine sales and service.

(41)

Sporting goods sales.

(42)

Shoe store or repair shop.

(43)

Specialty shop for women.

(44)

Supermarket.

(45)

Tailor shop.

(46)

Toy store.

(47)

Variety store.

(48)

Office uses; provided, however, that the total gross floor area of all office uses, exclusive of those listed above, shall not exceed 20 percent of the gross floor area of the shopping center.

(49)

Gasoline service or filling station; provided that it is designed as an integral part of the shopping center building group.

(50)

Advertising signs relating to the shopping center, the stores and shops therein and products sold therein. All advertising signs and structures shall be designed as an integral part of the shopping center development and shall be harmonious with the other design features of the center.

(51)

Accessory buildings and uses customarily incidental to the above uses.

(52)

Any use permitted in the R-4 Medium High Density Residential District.

(Prior Code, § 45-4.31; Code 1983, § 12-281; Ord. No. 185-A, 6-30-1983; Ord. No. 301-A, 11-8-1990)

(a)

Minimum and maximum area. The parcel of land on which a neighborhood shopping center is located shall not be less 2½ acres in area.

(b)

Yards. It is intended that the grouping of buildings and parking areas be designed to protect, in so far as possible, adjacent residential areas, and that ornamental screening from noise and light be provided where necessary; provided, however, that in no case shall the design of the shopping center provide less than the following standards:

(1)

All buildings shall set back from all street right-of-way lines not less than 25 feet;

(2)

On the side of a lot adjoining a dwelling district there shall be a side yard of not less than 25 feet;

(3)

There shall be a rear yard, alley, service court, or combination thereof, of not less than 30 feet in width, and all of the service area of all buildings shall be completely screened from public view with permanent ornamental screening materials.

(c)

Coverage. Buildings shall not cover more than 40 percent of the site on which the shopping center is located.

(Prior Code, § 45-4.32; Code 1983, § 12-282; Ord. No. 301-A, 11-8-1990)

No building shall exceed 2½ stories, or 35 feet in height, except as hereinafter provided in this section.

(Prior Code, § 45-4.33; Code 1983, § 12-283; Ord. No. 301-A, 11-8-1990)

The off-street parking requirements set forth in this section, may be complied with by providing a permanent common off-street parking facility for all of the uses within the shopping center, provided that the lot contains the requisite number of spaces for each use. The total number of spaces provided shall not be less than the sum of the individual requirements; provided, however, that in no case shall the amount of off-street parking area, including driveways required for ingress and egress and circulation, be less than 3½ times the gross floor area used for retail trades in the shopping center.

(Prior Code, § 45-4.34; Code 1983, § 12-284; Ord. No. 301-A, 11-8-1990)

(a)

Rezoning application. An application for rezoning for a neighborhood shopping center shall include the following, in addition to the administrative requirements set forth in this section:

(1)

The developer shall submit site plans of the proposed development which shall be in adequate detail to determine compliance with the provisions of this section, and which shall show the arrangement of buildings, types of shops and stores, design and circulation pattern of the off-street parking area, landscaped yards, ornamental screening, service courts, and utility and drainage easements and facilities, and the relationship of the shopping center development to adjacent areas which it may affect; and

(2)

Evidence that indicates, to the satisfaction of the board and planning commission, the ability and intent of the developer to carry out the development of the shopping center in accordance with plans submitted in accordance with subsection (a)(1) of this section.

(b)

Development procedure.

(1)

The developer shall obtain a building permit for the shopping center in accordance with the requirements and procedure of this section, and shall begin construction of the shopping center within two years after the effective date of rezoning for the shopping center, and shall make a reasonable and continuous progress toward completion. If the shopping center is not under construction within two years after the effective date of the shopping center rezoning, the planning commission shall review the status of the development, and if it shall find that the developer cannot proceed immediately with the development in conformity with the requirements of this section, this fact, and the reasons thereof, shall be reported to the city board. The city board may, at its discretion, rezone the shopping center district to a zoning district classification consistent with the master plan; and

(2)

Any substantial deviation from the plans submitted at the time of rezoning shall constitute a violation of the building permit authorizing construction of the shopping center. Substantial changes in plans shall be resubmitted to the city board and the planning commission to ensure compliance with the requirements and purpose and intent of this section, and no building permit shall be issued for any construction which is not in substantial conformity with the approved plan.

(Prior Code, § 45-4.35; Code 1983, § 12-285; Ord. No. 301-A, 11-8-1990)

This commercial district is intended for the conduct of personal and business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods.

(Prior Code, § 45-4.36; Code 1983, § 12-290; Ord. No. 301-A, 11-8-1990)

(a)

Property and buildings in a C-3 General Commercial District shall be used only for the following purposes:

(1)

Any use permitted in a C-1 or C-2 commercial district.

(2)

Amusement enterprises.

(3)

New automobile sales and services, new machinery sales and service, and public garages, provided no gasoline is stored above ground; used automobile and machinery sales and services, and automobile repairing if conducted in conjunction with a retail agency and wholly within a completely enclosed building, but not including automobile or machinery wrecking establishments or junk yards.

(4)

Advertising signs or structures.

(5)

Auto court or tourist court.

(6)

Automatic automobile wash.

(7)

Ambulance service, office or garage.

(8)

Bait sales.

(9)

Bakery.

(10)

Bath house.

(11)

Boat sales.

(12)

Bus terminal.

(13)

Cleaning plant, commercial laundry or dry cleaning.

(14)

Clothing or apparel store.

(15)

Commercial school or hall.

(16)

Dance hall.

(17)

Department store.

(18)

Drive-in theater or restaurant.

(19)

Electric transmission station.

(20)

Feed and fuel store.

(21)

Frozen food locker.

(22)

Furniture repair and upholstery.

(23)

Furniture parlor or mortuary.

(24)

Gasoline service or filling station.

(25)

Golf course, miniature or practice range.

(26)

Heating, ventilating or plumbing supplies, sales and service.

(27)

Interior decorating store.

(28)

Ice storage locker plant or storage house for food.

(29)

Key shop.

(30)

Kennel.

(31)

Laboratories, testing and experimental.

(32)

Laundry.

(33)

Leather goods shop.

(34)

Liquor store.

(35)

Music, radio or television shop.

(36)

Museums.

(37)

Nightclub.

(38)

Novelty shop.

(39)

Nursery or garden supply store.

(40)

Outdoor advertising signs.

(41)

Pawnshop.

(42)

Pet store.

(43)

Printing plant.

(44)

Recreation center.

(45)

Research laboratories.

(46)

Roller skating rink.

(47)

Sign painting shop.

(48)

Hospital for small animals.

(49)

Sporting goods store.

(50)

Stock and bond broker.

(51)

Storage warehouse.

(52)

Theater.

(53)

Tavern where beer is sold.

(54)

Toy store.

(55)

Travel trailer park.

(56)

Used automobile sales.

(57)

Wholesale distributing center.

(58)

Buildings, structures, and uses accessory and customarily incidental to any of the above uses, provided that there shall be no manufacture, processing or compounding of products other than such as are customarily incidental and essential to retail establishments.

(59)

Any other store or shop for retail trade or for rendering personal, professional or business service which does not produce more noise, odor, dust, vibration, blast, or traffic than those enumerated above.

(b)

No article or material stored in connection with uses permitted under subsections (a)(1) through (a)(5) of this section shall be stored or displayed outside of a building unless it is so screened by permanent ornamental walls, fences or planting that it cannot be seen from adjoining streets or lots when viewed by a person standing on ground level; provided, however, that no screening in excess of seven feet in height shall be required.

(Prior Code, § 45-4.37; Code 1983, § 12-291; Ord. No. 301-A, 11-8-1990)

(a)

The following uses even though not in an enclosed building shall be permitted in the C-3 General Commercial District, provided that they comply with the additional provisions of this section:

(1)

Boat sales and service.

(2)

Farm implement and machinery, new and used, sales.

(3)

Metal and wood fencing, ornamental grillwork and decorative wrought iron work and play equipment sales.

(4)

Manufactured home and travel trailer sales.

(5)

Monument sales.

(6)

New and used automobile sales.

(7)

Prefabricated house sales.

(8)

Trailers for hauling, rental and sales.

(b)

The uses enumerated in subsection (a) of this section shall comply with the following provisions:

(1)

All open storage and display of merchandise, material and equipment shall be so screened by ornamental fencing or evergreen planting that it cannot be seen by a person standing on ground level adjacent to the side or the rear of the lot on which the open storage or display occurs; provided, however, that screening shall not be required in excess of seven feet in height. All planting shall be kept neatly trimmed and maintained in good condition at all times. Merchandise and materials which are not completely assembled or which are not immediately and actively being offered for sale, in addition to complying with the above screening requirements, shall be so screened by ornamental fences or evergreen planting or by permanent buildings that it cannot be seen from a public street;

(2)

All yards, unoccupied with buildings or merchandise or used as traffic ways, shall be landscaped with grass and shrubs and maintained in good condition the year round;

(3)

All of the lot used for the parking of vehicles, for the storage and display of merchandise and all driveways used for vehicle ingress and egress shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use;

(4)

All servicing of vehicles carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building;

(5)

Driveways used for ingress and egress shall not exceed 25 feet in width, exclusive of curb returns; and

(6)

Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent streets and shall not be of a flashing or intermittent type.

(Prior Code, § 45-4.38; Code 1983, § 12-292; Ord. No. 301-A, 11-8-1990)

(a)

The city council, after public hearing, may issue a special permit for the erection, building or operation of any activity of a general nature of the uses permitted in C-3 General Commercial District, but not included therein, for property in the C-3 General Commercial District.

(b)

No outdoor amusement enterprise shall be carried on in the district, which contemplates the large number of spectators, without a special permit. Nothing herein contained, however, shall be construed to apply to athletic events of the public or private schools, within the limits of the city.

(c)

Special permits may be issued upon such requirements and conditions to be proposed by the council so that the intent and spirit of the article will be complied with, and the public peace, health, safety and welfare protected.

(d)

In considering the issuance of a special permit for activities contemplating a large number of people, consideration will be given to comfort facilities and off-street parking. Such permits, when granted, will be revocable and may be revoked on 30 days' notice, if the conditions and requirements, set forth in the permit are not complied with, or if the facility grows to the extent that adequate provisions are not being made for the health, comfort and off-street parking of the patrons.

(Code 1983, § 12-293; Ord. No. 53-A, 9-7-1973; Ord. No. 301-A, 11-8-1990)

The area regulations for dwellings shall be the same as the requirements of the R-3 General Residential District. The following requirements shall apply to all other uses permitted in this district:

(1)

Front and side yards. There are no specific front or side yard requirements for uses other than dwellings;

(2)

Rear yard. There shall be provided an alley, service court, rear yard, or combination thereof, of not less than 30 feet in width; and

(3)

Area for off-street parking. Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in article XII of this chapter.

(Prior Code, § 45-4.39; Code 1983, § 12-294; Ord. No. 301-A, 11-8-1990)

The height regulations for dwellings and buildings accessory to dwellings shall be the same as those of the R-2 General Residential District. For other uses no building shall exceed 90 feet in height except as hereinafter provided in section 44-335.

(Prior Code, § 45-4.40; Code 1983, § 12-295; Ord. No. 301-A, 11-8-1990)

(a)

A used car auction can be conducted in the C-3 zoning district in which vehicles are stored in open display without complying with the provisions of section 44-254(b) provided the business obtains a permit from the city. The fee for the open display auction permit shall be set by the city council.

(b)

The permit to conduct an open display auction must be obtained 30 days prior to the auction.

(c)

The used cars to be auctioned can be placed in open display without complying with the provisions of section 44-254(b) for a period of ten days before the auction and must be removed from open display within five days after the auction.

(d)

Any person who conducts a used vehicle auction in which vehicles are stored in open display without complying with the provisions of section 44-254(b) in violation of the provisions of the section shall be guilty of an offense punishable by a fine pursuant to the provisions of section 1-8 of this Code.

(Ord. No. 2022-01-20 , § 1, 1-20-2022)