This zone is intended for the Towne Centre, shopping center which provides a balance of retail, entertainment, service and office facilities for the convenience and providing the needs of the community. Only those facilities are permitted that are compatible with permitted uses in the surrounding neighborhood and which offer convenience goods and services needed to supply the immediate community.

(Ord. #2013-576, § 2; Ord. #2013-579, § 2)

The following uses are deemed compatible with a residential environment and shall be permitted at locations indicated on the official zoning map:

a.

General Office and Related Uses (not to exceed more than forty (40) percent without the approval of a Conditional Use Permit).

1.

Administrative and executive offices;

2.

Artist and photographic studios, not including the sale of equipment or supplies;

3.

Clerical and professional offices;

4.

Financial institutions (not exceeding current fourteen (14) percent allocation) including 24-hour ATM facilities;

5.

Medical, dental and related health services for humans and animals;

6.

Public utility service offices;

7.

City Hall;

8.

Library;

9.

Maintenance yard;

10.

Insurance and real estate agents and brokers;

11.

Travel agencies.

b.

General Commercial Uses.

1.

Antique shops;

2.

Apparel and shoe stores (including sales, repair, alterations and resale);

3.

Art galleries, photographic studios, sales, equipment, dealers and supply stores;

4.

Home goods (including appliance, hardware, home repair, lighting, flooring, furniture repair and retail stores);

5.

Auto supply stores (no repair on site);

6.

Food and beverage establishments (including bakeries, candy, ice cream, coffee, tea, yogurt, confectioneries, etc.);

7.

Hair, nails, day spas, skin care establishments and related retail stores;

8.

Banks and banking facilities under fifty (50) square feet;

9.

Bicycle shops, nonmotorized;

10.

Florist, book, gifts, and stationery stores;

11.

Commercial recreational uses, under three thousand (3,000) square feet;

12.

Fitness studios and schools under three thousand (3,000) square feet (including dance, gym, yoga, karate, etc.);

13.

Department, sporting goods and toy stores;

14.

Drug stores and prescription pharmacies;

15.

Food stores and supermarkets;

16.

Hobby shops (coin, stamp, crafts, sewing, etc.), including related material and equipment sales and repair and instructors;

17.

Jewelry stores and repair (including gold and precious metal sales and resale establishments);

18.

Laundry and dry cleaning facilities, not including any self-service;

19.

Liquor stores;

20.

Home services including sales (lock smith, plumber, electrician, swimming pool supply and maintenance, etc.);

21.

Nurseries and garden supply stores, provided all equipment and supplies shall be kept within an enclosed area;

22.

Office supply and equipment, sales, service, repair and services (including mailboxes, copying, blueprinted);

23.

Post office branch;

24.

Electronic sales and repair (television, telephone, computer, etc.);

25.

Restaurants, not including the sale of alcoholic beverages;

26.

Tutoring and learning centers, over three thousand (3,000) square feet;

27.

Certain temporary uses cited in Article 23-11.

(Ord. #2013-576, § 2; Ord. #2013-579, § 2)

1.

General office (uses listed in Section 23-7.1.a) in excess of forty (40) percent;

2.

New banks and banking facilities over fifty (50) square feet;

3.

Businesses selling/serving alcohol;

4.

Businesses operating before 6:00 a.m., after 11:00 p.m. or offering 24-hour service;

5.

Businesses offering drive-thru services;

6.

Communication and telecommunication facility and/or equipment buildings, antennas, satellite dishes over three (3) feet in diameter;

7.

Convenience stores (7/11, AM/PM, etc.);

8.

Commercial recreational uses, over three thousand (3,000) square feet;

9.

Fitness studios and schools (including dance, gym, yoga, karate, etc.) over three thousand (3,000) square feet;

10.

Electric distribution substations;

11.

Live entertainment, live music or amplified music;

12.

Massage establishments or businesses with massage services;

13.

Automobile service stations;

14.

Public utility booster stations;

15.

Theater;

16.

Any general commercial use not specifically listed in Section 23-7.2.

(Ord. #2004-500, § 1; Ord. #2011-559, § 2; Ord. #2013-576, § 2; Ord. #2013-579, § 2)

The following uses shall not be permitted because of their tendency to create substances, conditions, or situations that may be dangerous, objectionable, or incompatible with the permitted uses in this district or in adjoining areas;

1.

Adult uses or businesses selling adult oriented materials (videos, accessories, etc.);

2.

Automobile car washes;

3.

Automobile repair garages, fender and body repair and paint shops;

4.

Automobile wrecking, junk and salvage yards;

5.

Bail bonds;

6.

Beverage bottling plants;

7.

Cleaning, dyeing and laundry plants;

8.

Check cashing businesses;

9.

Pawn shops;

10.

Thrift shops;

11.

Used passenger vehicle sales;

12.

Rental and sales agencies for agricultural, industrial, and construction equipment;

13.

Rental and sales agencies for trailers, boats, trucks;

14.

Residential uses, including hotels and motels;

15.

Tire retreading;

16.

Warehouses, contractors' storage yards, and work and fabricating area;

17.

Welding shops;

18.

Wholesale bakeries;

19.

Smoke shops (tobacco, hookah and similar uses and/or accessories);

20.

All uses not permitted by subsections 23-7.2 or 23-7.3.

(Ord. #2013-576, § 2)

The following property development standards shall apply to all land and buildings permitted in the C-N Zone. The intention is to have a uniform and cohesive commercial center inclusive of connecting pedestrian paths, landscape areas, accessible parking and compatible buildings.

a.

General Requirements. The following requirements are minimums unless otherwise stated:

(Ord. #2013-576, § 2)

a.

In the C-N Zone, the required front and street side yards shall be landscaped to a depth of not less than ten (10) feet. Remaining front and street side yard areas or setbacks may be used for required off-street parking. Said landscaping shall consist predominantly of plant materials except for necessary walks and drives.

1.

An additional amount, equal to at least five (5) percent of the total area of the parcel, is required and a minimum of twenty-five (25) percent of such landscaping shall be located in the area devoted to parking.

2.

Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least six (6) inches higher than the adjacent vehicular area.

3.

Landscaping along all streets and boundaries shall be limited to a height of not more than three and one-half (3½) feet within twenty (20) feet of the point of intersection of:

(a)

A vehicular access way or driveway and a street;

(b)

A vehicular access way or driveway and a sidewalk; and

(c)

Two (2) or more vehicular access ways, driveways or streets.

b.

All required landscaping shall be permanently maintained in a neat and orderly condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and the regular watering of all plantings.

c.

Except security lighting, which shall be permitted during closed hours, no exterior lighting shall be permitted between the hours of 11:00 p.m. and 6:00 a.m. All lighting shall be designed and located so as to confine direct rays to the premises.

d.

The noise level emanating from any commercial use or operation shall not exceed five (5) decibels (as defined in the Occupational Safety and Health Act of 1970) above the ambient level of the area.

e.

All mechanical equipment, including heating and air conditioning units, and trash receptacle areas, shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. Structural and design plans for any required screening under the provisions of this section shall be approved by the City Engineer and Building Official.

f.

All loading and unloading operations shall be performed on the site, and loading platforms and areas shall be screened by a landscape or architectural feature.

g.

All storage of cartons, containers and trash shall be shielded from view within a building or within an area enclosed by a wall not less than six (6) feet in height. If unroofed, no such area shall be located within forty (40) feet of any district zoned for residential use.

h.

There shall be no outdoor display or storage of merchandise or equipment, except for temporary outdoor merchandise displays as specified in Section 23-7.6(h), 1—3 below. Except for temporary outdoor merchandise displays as specified herein, all uses permitted in this zone and their resulting products shall be contained entirely within a completely enclosed structure, except for off-street parking and loading areas and outdoor dining areas.

1.

Temporary outdoor merchandise displays shall be permitted with the approval of the property owner.

2.

Outdoor display of merchandise pursuant to this section shall be limited to one (1) display table per retail storefront, with such table having no more than twenty-four (24) square feet of display space, and with the table skirted and covered in a professional manner; or one (1) rolling garment rack of no more than eight (8) feet in length.

3.

No temporary outdoor merchandise displays may obstruct the flow of pedestrian traffic or create a hazard to public health and safety.

i.

Business hours shall be limited to the hours between 6:00 a.m. and 11:00 p.m.

j.

An opaque screen shall be installed and maintained along all streets and district boundaries. Where the zone boundary does not abut a public street, the screen, except as otherwise provided, shall have a total height of not less than six (6) feet nor more than seven (7) feet. Where the district boundary abuts a public street, the screen shall have a height of not less than three (3) feet nor more than three and one-half (3½) feet, and it shall be located adjacent to the inside edge of the required boundary landscaping not less than ten (10) feet from the ultimate right-of-way line. Where there is a difference in elevation on opposite sides of the screen, the height shall be measured from the highest elevation. A screen shall consist of one (1) or any combination of the following types:

1.

Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of four (4) inches thick.

2.

Berms. A berm shall be not more than twenty (20) feet in width at the base. It shall be constructed of earthen materials and it shall be landscaped.

3.

Fences, solid. A solid fence shall be constructed of wood, masonry or other materials a minimum nominal thickness of two (2) inches and it shall form an opaque screen.

4.

Fences, open. An open weave or mesh type fence shall be combined with plant materials to form an opaque screen.

5.

Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants. They shall be of a kind, or used in such a manner, so as to provide screening, having a minimum width of two (2) feet, within eighteen (18) months after initial installation. Except as provided in paragraph i., 6 below, plant materials shall not be limited to a maximum height.

6.

Intersections. Screening along all streets and boundaries shall have a height of not less than three (3) nor more than three and one-half (3½) feet within twenty (20) feet of the point of intersection of:

(a)

A vehicular access way or driveway and a street;

(b)

A vehicular access way or driveway and a sidewalk; and

(c)

Two (2) or more vehicular access ways, driveways or streets.

7.

The Zoning Administrator shall require that either 1, 2 or 3 above shall be installed if, after eighteen (18) months after installation, plant materials have not formed an opaque screen, or if an opaque screen is not maintained.

8.

No signs or sign supports except those specified in the off-street parking regulations shall be permitted on any required screening.

9.

Notwithstanding the requirements listed above, where the finished elevation of the property is lower at the boundary line, or within five (5) feet inside the boundary line, than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements for this district.

k.

Satellite Dish Antennas. In the C-N Zone, a satellite receiving antenna may be installed with the approval of Site Plan Review.

(Ord. #85-343, § 3; Ord. #2011-559, § 3; Ord. #2013-576, § 2)

No sign or outdoor advertising structure shall be permitted in any C-N Zone except as provided in Article 23-16. Further, no signs except those specified in the off-street parking regulations shall be permitted within any required boundary landscaping.

This zone is intended for commercial professional office facilities that allow for providing professional services and commercial office space for the community and those serving the City, as well as multi-family residential and mixed-use development.

(Ord. #2013-579, § 2; Ord. #2016-604, § 5)

The following uses are deemed compatible with a residential environment and shall be permitted at locations indicated on the official zoning map:

a.

General Office and Related Uses:

1.

Administrative and executive offices;

2.

Artist and photographic studios, not including the sale of equipment or supplies;

3.

Clerical and professional offices;

4.

Banks and banking facilities under fifty (50) square feet;

5.

Insurance and real estate agents and brokers;

6.

Medical, dental and related health services for humans, including laboratories and clinics; only the sale of articles clearly incidental to the services provided shall be permitted;

7.

Travel agencies;

8.

Veterinarians' offices;

9.

Art galleries, photographic studios, sales, equipment, dealers and supply stores;

10.

Tutoring centers (less than three thousand (3,000) square feet).

b.

General Commercial Uses (not to exceed more than forty (40) percent without the approval of a conditional use permit):

1.

Antique shops;

2.

Apparel and shoe stores (including sales, repair, alterations and resale);

3.

Home goods (including appliance, hardware, home repair, lighting, flooring, furniture repair and retail stores);

4.

Auto supply stores (no repair on site);

5.

Food and beverage establishments (including bakeries, candy, ice cream, coffee, tea, yogurt, confectioneries, etc.);

6.

Hair, nails, day spas, skin care establishments and related retail stores;

7.

Bicycle shops, nonmotorized;

8.

Florist, book, gifts, and stationery stores;

9.

Commercial recreational uses, under three thousand (3,000) square feet;

10.

Fitness studios and schools (including dance, gym, yoga, karate, etc.) under three thousand (3,000) square feet;

11.

Department, sporting goods and toy stores;

12.

Drug stores and prescription pharmacies;

13.

Food stores and supermarkets;

14.

Hobby shops (coin, stamp, crafts, sewing, etc.), including related material and equipment sales and repair and instructors;

15.

Jewelry stores and repair (including gold and precious metal sales and resale establishments);

16.

Laundry and dry cleaning facilities, not including any self-service;

17.

Liquor stores;

18.

Home services including sales (lock smith, plumber, electrician, swimming pool supply and maintenance, etc.);

19.

Nurseries and garden supply stores, provided all equipment and supplies shall be kept within an enclosed area;

20.

Office supply and equipment, sales, service, repair and services (including mailboxes, copying, blueprinted);

21.

Post office branch;

22.

Electronic sales and repair (television, telephone, computer, etc.);

23.

Restaurants, not including the sale of alcoholic beverages;

24.

Certain temporary uses cited in Article 23-11.

c.

Multi-family housing or mixed-use developments.

(Ord. #2013-579, § 2; Ord. #2016-604, § 5)

1.

General commercial (uses listed in section 23-7.9) in excess of forty (40) percent for the total Towne Centre building area;

2.

New banks and banking facilities over fifty (50) square feet;

3.

Businesses selling/serving alcohol;

4.

Businesses operating before 6:00 a.m., after 11:00 p.m. or offering 24-hour service;

5.

Businesses offering drive-thru services;

6.

Communication and telecommunication facility and/or equipment buildings, antennas, satellite dishes over three (3) feet in diameter;

7.

Convenience stores (7/11, AM/PM, etc.);

8.

Commercial recreational uses, over three thousand (3,000) square feet;

9.

Fitness studios and schools (including dance, gym, yoga, karate, etc.) over three thousand (3,000) square feet;

10.

Electric distribution substations;

11.

Live entertainment, live music or amplified music;

12.

Massage establishments or businesses with massage services;

13.

Public utility booster stations;

14.

Theater.

(Ord. #2013-579, § 2; Ord. #2016-604, § 5)

The following uses shall not be permitted because of their tendency to create substances, conditions, or situations that may be dangerous, objectionable, or incompatible with the permitted uses in this district or in adjoining areas:

a.

All uses not permitted by subsection 23-7.9 or 23-7.10.

(Ord. #2013-579, § 2; Ord. #2016-604, § 5)

The following property development standards shall apply to all land and buildings permitted in the C-P Zone.

a.

General Requirements. The following requirements are minimums unless otherwise stated:

b.

Development Standards for Multi-Family Residential and Mixed-Use Developments:

1.

Minimum density: Twenty (20) dwelling units per acre.

2.

Maximum density: Twenty-four (24) dwelling units per acre.

3.

Minimum residential floor area for mixed-use projects: Fifty (50) percent.

(Ord. #2013-579, § 2; Ord. #2016-604, § 5)

a.

In the C-P Zone, the required front and street side yards shall be landscaped to a depth of not less than ten (10) feet. Remaining front and street side yard areas or setbacks may be used for required off-street parking. Said landscaping shall consist predominantly of plant materials except for necessary walks and drives.

1.

An additional amount, equal to at least five (5) percent of the total area of the parcel, is required and a minimum of twenty-five (25) percent of such landscaping shall be located in the area devoted to parking.

2.

Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least six (6) inches higher than the adjacent vehicular area.

3.

Landscaping along all streets and boundaries shall be limited to a height of not more than three and one-half (3½) feet within twenty (20) feet of the point of intersection of:

(a)

A vehicular accessway or driveway and a street;

(b)

A vehicular accessway or driveway and a sidewalk; and

(c)

Two (2) or more vehicular accessways, driveways or streets.

b.

All required landscaping shall be permanently maintained in a neat and orderly condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and the regular watering of all plantings.

c.

Except security lighting, which shall be permitted during closed hours, no exterior lighting shall be permitted between the hours of 11:00 p.m. and 6:00 a.m. All lighting shall be designed and located so as to confine direct rays to the premises.

d.

The noise level emanating from any commercial use or operation shall not exceed five (5) decibels (as defined in the Occupational Safety and Health Act of 1970) above the ambient level of the area.

e.

All mechanical equipment, including heating and air conditioning units, and trash receptacle areas, shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. Structural and design plans for any required screening under the provisions of this section shall be approved by the City Engineer and Building Official.

f.

All loading and unloading operations shall be performed on the site, and loading platforms and areas shall be screened by a landscape or architectural feature.

g.

All storage of cartons, containers and trash shall be shielded from view within a building or within an area enclosed by a wall not less than six (6) feet in height. If unroofed, no such area shall be located within forty (40) feet of any district zoned for residential use. Each property shall have a minimum of one (1) trash enclosure. The number, size, location and design shall be such to minimize the total number of enclosures in the C-P Zone. Additional trash enclosures are subject to the review and approval of the City Manager.

h.

There shall be no outdoor display or storage of merchandise or equipment, except for temporary outdoor merchandise displays as specified in Section 23-7.6(h), 1—3 below. Except for temporary outdoor merchandise displays as specified herein, all uses permitted in this zone and their resulting products shall be contained entirely within a completely enclosed structure, except for off-street parking and loading areas and outdoor dining areas.

1.

Temporary outdoor merchandise displays shall be permitted with the approval of the property owner.

2.

Outdoor display of merchandise pursuant to this section shall be limited to one (1) display table per retail storefront, with such table having no more than twenty-four (24) square feet of display space, and with the table skirted and covered in a professional manner; or one (1) rolling garment rack of no more than eight (8) feet in length.

3.

No temporary outdoor merchandise displays may obstruct the flow of pedestrian traffic or create a hazard to public health and safety.

i.

Business hours shall be limited to the hours between 6:00 a.m. and 11:00 p.m.

j.

An opaque screen shall be installed and maintained along all streets and district boundaries. Where the zone boundary does not abut a public street, the screen, except as otherwise provided, shall have a total height of not less than six (6) feet nor more than seven (7) feet. Where the district boundary abuts a public street, the screen shall have a height of not less than three (3) feet nor more than three and one-half (3½) feet, and it shall be located adjacent to the inside edge of the required boundary landscaping not less than ten (10) feet from the ultimate right-of-way line. Where there is a difference in elevation on opposite sides of the screen, the height shall be measured from the highest elevation. A screen shall consist of one (1) or any combination of the following types:

1.

Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of four (4) inches thick.

2.

Berms. A berm shall be not more than twenty (20) feet in width at the base. It shall be constructed of earthen materials and it shall be landscaped.

3.

Fences, solid. A solid fence shall be constructed of wood, masonry or other materials a minimum nominal thickness of two (2) inches and it shall form an opaque screen.

4.

Fences, open. An open weave or mesh type fence shall be combined with plant materials to form an opaque screen.

5.

Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants. They shall be of a kind, or used in such a manner, so as to provide screening, having a minimum width of two (2) feet, within eighteen (18) months after initial installation. Except as provided in paragraph i.6 below, plant materials shall not be limited to a maximum height.

6.

Intersections. Screening along all streets and boundaries shall have a height of not less than three (3) feet nor more than three and one-half (3½) feet within twenty (20) feet of the point of intersection of:

(a)

A vehicular accessway or driveway and a street;

(b)

A vehicular accessway or driveway and a sidewalk; and

(c)

Two (2) or more vehicular accessways, driveways or streets.

7.

The Zoning Administrator shall require that either [paragraph] 1, 2 or 3 above shall be installed if, after eighteen (18) months after installation, plant materials have not formed an opaque screen, or if an opaque screen is not maintained.

8.

No signs or sign supports except those specified in the off-street parking regulations shall be permitted on any required screening.

9.

Notwithstanding the requirements listed above, where the finished elevation of the property is lower at the boundary line, or within five (5) feet inside the boundary line, than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements for this district.

(Ord. #2013-579, § 2)

No sign or outdoor advertising structure shall be permitted in any C-P Zone except as provided in Article 23-16. Further, no signs except those specified in the off-street parking regulations shall be permitted within any required boundary landscaping.

(Ord. #2013-579, § 2)