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Westmont City Zoning Code

ARTICLE VI

Commercial Districts

§ 225-21 C Commercial District.

Within the C Commercial District, the following regulations shall apply:
A. 
Permitted uses.
[Amended 10-13-1992 by Ord. No. 698; 1-12-1993 by Ord. No. 703; 12-13-1994 by Ord. No. 717; 6-11-1996 by Ord. No. 728; 2-10-1998 by Ord. No. 737; 5-12-1998 by Ord. No. 740; 2-11-2003 by Ord. No. 774]
(1) 
Permitted uses shall be as follows:
(a) 
One-family dwelling.
(b) 
Two-family dwelling.
(c) 
Multiple-family dwelling and apartments with not more than six dwelling units in one structure.
(d) 
Art, book, school supply and stationery store.
(e) 
Bakery shop, including the baking and processing of baked food products when prepared for retail use on the premises only.
(f) 
Bank or financial institution.
(g) 
Barbershop, beauty shop or similar personal service.
(h) 
Camera and photographic store.
(i) 
Candy or ice cream store.
(j) 
Delicatessen.
(k) 
Dry-cleaning outlet, no on-site cleaning permitted.
(l) 
Drugstore.
(m) 
Florist shop.
(n) 
Food store.
(o) 
Gift store.
(p) 
Hardware store.
(q) 
Hobby store.
(r) 
Meat market.
(s) 
Newsstand.
(t) 
Business and nonmedical professional office.
(u) 
Medical or dental outpatient clinic.
(v) 
Restaurants.
(w) 
Undertaking and embalming.
(x) 
Similar type commercial use not specifically listed, when authorized as a special exception by the Zoning Hearing Board in accordance with § 225-72C(6) and after receipt and review of recommendations of the Planning Commission.
(2) 
Uses permitted by special exception shall be as follows:
(a) 
Group home facilities as specified in § 225-45.1.
(b) 
Any structure regulated by Article IX, § 225-42A(3).
(c) 
Drive-through for restaurant, bank, or financial institution.
(3) 
Permitted accessory uses.
(a) 
Private garage.
(b) 
Garage, shed or building for domestic storage.
(c) 
Fence or ornamental wall not over six feet in height (rear and side yard only).
(d) 
Cultivation of plants.
(e) 
Home occupation: home office or home business.
(f) 
Gazebo, garden house or children's playhouse.
(g) 
Parking of accessory vehicles as further specified in § 225-42D.
(h) 
Swimming pool: storable, having protective fencing and meeting setbacks as set forth in § 225-45B(2) and (4).
[Added 11-13-2007 by Ord. No. 796]
(4) 
Accessory uses permitted by special exception shall be as follows:
[Added 11-13-2007 by Ord. No. 796[1]]
(a) 
Private swimming pool: permanently installed, appurtenant to a dwelling as per § 225-45.
[1]
Editor's Note: This ordinance also redesignated former Subsection A(4) as Subsection A(5).
(5) 
All activities permitted in the C District, except for those permitted by Subsection A(2)(b), and A(3)(g), shall be conducted wholly within an enclosed building.
B. 
Nonpermitted uses.
[Amended 10-13-1992 by Ord. No. 698]
(1) 
Nonpermitted uses shall be as follows:
(a) 
Surface mining.
(b) 
Commercial and industrial establishment.
(c) 
Deep mining facility.
(d) 
The keeping of livestock.
(e) 
Helicopter landing area.
(f) 
Other activities that are deemed damaging to the purpose of this chapter.
(g) 
All manufacturing, assembling, treating, processing, servicing or repairing of goods or merchandise which are not retail businesses conducted on the premises or which constitute nuisances by reason of odor, noise, dust or smoke or which constitute unusual fire or explosion hazards or which, in any manner, are detrimental to the health, morals or welfare of the community.
(2) 
No service station or commercial garage or vacant lot other than located in a commercial zone or existing as a nonconforming use in any other zone shall be used for the storage or rental of trucks, trailers, utility trailers or other rental vehicles unless said vehicles are parked within a building so as not to be visible. In the event that sufficient inside storage is not available, this shall be a prohibited use.
C. 
Height. The maximum height of buildings hereafter erected, altered or enlarged shall be 75 feet.
D. 
Lot area. The minimum lot area for every building hereafter erected or altered shall contain a minimum of 4,800 square feet and a width at the building line of not less than 50 feet.
E. 
Yard areas. No building or structure shall be erected or enlarged unless the following yards are provided and maintained, or the present average setback is applicable under Subsection G of this section, in connection with such building, structure or enlargement.
[Amended 10-11-1994 by Ord. No. 715]
(1) 
Front yard: not less than 25 feet.
(2) 
Side yard: not less than five feet. Where abutting an R District, there shall be provided, in addition to the five feet, a buffer area of not less than five feet.
(3) 
Rear yard: not less than 10 feet. Where abutting an R District, there shall be provided, in addition to the rear yard requirements, a buffer area of not less than 10 feet.
F. 
Percentage of lot coverage. All buildings shall cover not more than 40% of the lot.
[Added 2-11-2003 by Ord. No. 774[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsections F and G as G and H, respectively.
G. 
Off-street parking and loading facilities shall be provided as required or permitted under Article X.
H. 
Present average setback shall be as follows:
[Added 10-11-1994 by Ord. No. 715]
(1) 
The present average setback shall be the average distance of setback from the front street line of the nearest main building or buildings within 100 feet on each side of the street. Where no main building exists within 100 feet of either side of the building to be erected, the present average setback shall be the average distance of setback from the front street line of all main buildings within the block.
(2) 
No building shall extend nearer to a front street line than the present average setback and in no event less than 25 feet back from the street line.
(3) 
In no case, however, shall a building be required to be set back more than 60 feet from the street line.