Regulations set forth in this section or set forth elsewhere in this chapter when referred to in this section are the regulations in the “C-3” Interstate Highway-Oriented Commercial District. This commercial district is designed to provide areas in which the principal use of land is primarily devoted to commercial, and service establishments, which cater primarily to the needs of motor vehicular traffic, and tourist-oriented trade.

1.   Uses Permitted. No land shall be used or occupied and no building or structure shall be erected, altered, enlarged, occupied, or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

   A.   Any nonresidential uses permitted in zoned districts of “C-1” and “C-2”.

   B.   Amusement facilities such as a golf course, miniature golf, swimming pool, skating rink, and archery range.

   C.   Hotel or motel, with or without residence.

   D.   Kennels that are totally enclosed.

   E.   Drive-in theater.

   F.   Filling station, truck stop service station, and truck terminal, storage building.

   G.   Restaurant.

   H.   Stadium, arena, or auditorium.

   I.   Storage warehouse.

   J.   Tire, truck repair, and truck wash.

   K.   Accessory uses or buildings which are customarily incidental to above uses.

   L.   Adult Entertainment Land Uses. The purpose of the provisions of this subsection is to protect the health, welfare and property values from secondary effects of the location of various adult entertainment land uses within the City limits. The City has reviewed various ordinances, communicated with other communities and reviewed various studies relating to such location of adult entertainment land uses, and has determined that the protection sought is best served by enacting provisions of regulation as set forth subsequent hereto. It is the purpose of this subsection to regulate sexually oriented businesses and related activities to promote the health, safety, morals and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this subsection have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this subsection to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this subsection to condone or legitimize the distribution of obscene materials. Nothing in this subsection is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any other provisions of law. Such adult entertainment land uses are subject to the following restrictions for location of “adult use” establishments.

      (1)   “Adult use” establishments are prohibited within 1,500 feet of the following specified zoning districts and/or uses:

         a.   Any residential district: SA, R-1, R-2, R-3 and R-4, including overlay planned developments.

         b.   Any public or private school, including day care facilities.

         c.   Any church, religious facility or institution or community center.

         d.   Any public park.

         e.   Any other public building or facility.

         f.   Any public or private museum.

      (2)   “Adult use” establishments are prohibited within 1,500 feet of the intersection of the centerlines of Scott County Road Y-40 and Interstate 80.

      (3)   No two “adult use” establishments shall be located closer than 500 feet to one another.

The distances provided for herein shall be measured by following a straight line, without regard to intervening buildings, from the nearest point to the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or the land use district boundary line from which the proposed land use is to be separated.

2.   Special Uses Permitted. The following uses may be permitted if specifically authorized by the Zoning Board of Adjustment, following a recommendation by the Commission in accordance with provisions contained herein and elsewhere in this Code of Ordinances and may require a site plan review as outlined in Section 167.29:

   A.   Municipality Sewage treatment plant.

   B.   Storage yard of like uses, but shall be totally enclosed with an eight-foot high 70 percent solid fence.

   C.   Petroleum (Class I, II, and III) vaulted underground tanks, complying with all State, federal, and local codes and Fire Department regulations.

   D.   Above-ground storage of Class II and III liquids, less than 1,100 gallons, that shall comply with all State, federal, and local codes, and Fire Department regulations.

   E.   Tire recapping – totally enclosed facility only.

   F.   Any similar uses which are not likely to create any more offensive noise, vibration, dust, smoke, odor, or other objectionable influences that result from the above uses as determined by the Commission.

   G.   Above-ground diesel (Class III-A) holding or storage tanks for the storage of diesel fuel to be dispensed into underground tanks in turn dispensing diesel fuel to the public upon the same lot or parcel, or nearby lot or parcel, as is located the diesel holding or storage tank. Construction and use of all diesel holding or storage tanks shall be regulated by applicable federal, state and local codes and regulations (including local fire department regulations). The maximum storage capacity shall be 1,000,000 gallons and there shall be no more than one above-ground storage tank per lot or parcel of real estate.

   H.   Packaging, light manufacturing, or assembling.

3.   Uses Prohibited. The following uses are prohibited in “C-3” zoned district:

   A.   Automobile, truck, farm machinery, wrecking or salvage yard, junk yard, or open storage yard.

   B.   Confinement units used for raising, feeding, or holding animals or livestock.

   C.   Residential dwelling unit of “R-1”, “R-2”, “R-3”, and “R-4” Districts except residence quarters of the caretaker when located on the premises of the commercial or industrial use.

   D.   Slaughtering of animals.

   E.   Stock yard or transfer station.

   F.   Any uses permitted in M-1, M-2, M-3, and M-4 zoned districts, except as permitted by Section 167.12(2).

4.   Area Regulations.

   A.   Minimum Lot Area. No minimum lot area is specified.

   B.   Minimum Lot Width. No minimum lot width is specified.

   C.   Front Yard.

      (1)   There shall be a front yard having a depth of not less than 25 feet.

      (2)   All structures shall be set back a minimum of 25 feet from street right-of-way.

      (3)   Where lots have a double frontage, the required front yard shall be provided on both streets. Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the corner lot. No accessory building shall project beyond the building setback line along either street.

   D.   Side Yard. There shall be a side yard on each side of a building, having a width of not less than 10 feet. If said lot is abutting “S.A.”, “R-1”, “R-2”, “R-3”, or “R-4” districts, the required setback shall be 25 feet.

   E.   Rear Yard. There shall be a rear yard having a depth of not less than 20 feet. If said lot is abutting “S.A.”, “R-1”, “R-2”, “R-3”, or “R-4”districts, the required setback shall be 25 feet.

 

 

5.   Decks. Decks are considered structures and must meet setback requirements.

6.   Height Regulations. No building shall exceed six stories or 80 feet in height. Where a building is located on a lot adjoining a residential dwelling district, or a publicly owned area other than an alley or street, then it shall not exceed three stories or 45 feet in height unless said structure is set back one foot from all required yard lines for each foot of additional height above 45 feet.

7.   Parking Regulations. See Section 167.03(8) for parking requirements.