Wildwood City Zoning Code
SECTION 415
170 "C-1" Neighborhood Business District Regulations.
[R.O. 1997 § 415.170; Ord. No. 1324 App. A § 1003.131, 8-14-2006; Ord. No. 1527 § 1, 7-14-2008]
A.
Scope Of Provisions. This Section contains the district regulations of the "C-1" Neighborhood Business District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference. The "C-1" Neighborhood Business District encompasses areas located within or near residential communities wherein may be located certain limited sales and service facilities that constitute a convenience to residents in the immediate neighborhood.
B.
Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:
1.
Apartment dwelling units in buildings primarily designated for occupancy by one (1) or more of the commercial uses permitted in this Subsection, wherein occupancy of the dwelling unit shall be limited to the owner, manager or employee of the permitted use or uses and their respective families. A minimum of eight hundred (800) square feet of contiguous open space for the dwelling unit, protectively screened from commercial activities and directly accessible to the dwelling unit shall be provided on the premises for the exclusive use of the occupants of such apartment.
2.
Barbershops, beauty parlors, nail salons, spas, and other personal care activities.
[Ord. No. 2588, 1-25-2021]
3.
Child-care centers, nursery schools and day nurseries.
4.
Dry cleaning drop-off and pickup stations, not including drive-through facilities.
6.
Local public utility facilities:
a.
Provided that any installation, other than poles and equipment attached to the poles, shall be:
b.
All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning.
7.
Offices and office buildings for accountants, bookkeepers, architects, engineers, planners, financial consultants, income tax preparers, insurance salespersons, lawyers, real estate salespersons, real estate brokers and real estate appraisers.
8.
Police, fire and postal stations.
9.
Service facilities, studios or work areas for artists, candy makers, dressmakers, tailors, music teachers, dance teachers, typists and stenographers. Goods and services associated with these uses may be sold or provided directly to the public on the premises.
10.
Stores and shops in which food stuff, beverages, pharmaceutical, household supplies and personal use items are sold directly to the public for consumption elsewhere than on the premises. Drive-through facilities or restaurants are not permitted.
C.
Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500, Conditional Use Permit Procedure:
1.
All permitted land uses and developments set forth in Subsection (B) which exceed one (1) story or twenty (20) feet in height, whichever is less, including roof top mechanical equipment attached to a structure.
2.
Apartment dwelling units in buildings primarily designated for occupancy by one (1) or more of the commercial uses allowed by conditional use permits in this Subsection, wherein occupancy of the dwelling unit shall be limited to the owner, manager or employee of the use or uses allowed by conditional use permit and their respective families. A minimum of eight hundred (800) square feet of contiguous open space for the dwelling unit, protectively screened from commercial activities and directly accessible to the dwelling unit shall be provided on the premises for the exclusive use of the occupants of such apartment.
3.
Financial institutions, including drive-through facilities.
[Ord. No. 2588, 1-25-2021]
4.
Medical and dental offices.
5.
Parking areas, including garages, for automobiles, but not including any sales of automobiles or the storage of wrecked or otherwise damaged and immobilized automotive vehicles for a period in excess of seventy-two (72) hours.
5a.
Payday loan establishments [cannot be located within two thousand six hundred forty (2,640) feet of a similar payday loan establishment or two hundred (200) feet of an occupied residential unit].
6.
Public utility facilities, other than local public utility facilities.
7.
Restaurants and shops in which foodstuffs or beverages are sold directly to the public for consumption on the premises. Fast-food restaurants, drive-through facilities or taverns are not permitted.
8.
Satellite dishes [see provisions of Section 415.380(R)].
9.
Sewage treatment facilities, not including individual sewage treatment facilities permitted as an accessory use.
10.
Service facilities, studios or work areas for antique salespersons, craft persons, including cabinet makers, film processors, fishing tackle and bait shops and souvenir sales. Goods and services associated with the above may be sold or provided directly to the public on the premises.
D.
Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:
1.
Associated work and storage areas required by a business, firm or service to carry on business operations.
2.
Devices for the generation of energy, such as solar panels, wind generators and similar devices.
3.
Dwelling or lodging units, only for watchmen, caretakers or other personnel whose residence on the premises is essential to the operation of a permitted or conditional use or uses.
4.
Individual sewage treatment facilities serving an individual building or use as approved by the appropriate regulatory agency. The sewage treatment facility shall not exceed five thousand (5,000) gallons per day flow.
5.
Signs (business, directional and information).
E.
Performance Standards. All uses in the "C-1" Neighborhood Business District shall operate in conformity with the appropriate performance standards contained in Section 415.250, Zoning Performance Standard Regulations.
F.
Height Limitations For Structures. The maximum height of structures in this district shall be as follows:
[Ord. No. 2417, 12-10-2018]
1.
Unless otherwise restricted by application of regulations in Section 415.240, Air Navigation Space Regulations, the total height of any structure, including roof top mechanical equipment attached to such structure, shall not exceed one (1) story or twenty (20) feet in height, whichever is less, above the average finished ground elevation at the perimeter of such structure unless authorized by a conditional use permit.
2.
Unless otherwise restricted by application of regulations in Section 415.240, Air Navigation Space Regulations, the total height of any structure authorized by conditional use permit, not including a wireless support structure, disguised support structure, or substantial modification thereof authorized by a conditional use permit, including roof top mechanical equipment attached to such structure, shall be authorized by specific conditions of the permit, but shall not exceed two (2) stories or thirty (30) feet in height, whichever is less, above the average finished ground elevation at the perimeter of such structure. A public utility tower authorized by a conditional use permit may be erected to any height not in conflict with the application of regulations in Section 415.240, Air Navigation Space Regulations.
3.
Unless otherwise restricted by application of regulations in Section 415.240, Air Navigation Space Regulations, the total height of any wireless support structure, disguised support structure or substantial modification thereof subject to Chapter 430 of the City Code, including roof top mechanical equipment attached to such structure, shall be authorized by specific conditions of the permit, but shall not exceed two (2) stories or thirty (30) feet AGL in height, whichever is less.
G.
Minimum Lot Area Requirements. Every lot or tract of land shall have an area comprising not less than six thousand (6,000) square feet. Sewage treatment facilities, not including individual sewage treatment facilities permitted as an accessory use, shall be situated on tracts of land at least ten thousand (10,000) square feet in area.
H.
Development Limitations.
1.
Not more than thirty percent (30%) of the total area of any lot or tract of land in this district shall be covered by structures.
2.
The total gross floor area devoted to any single use or contained within any building shall not exceed ten thousand (10,000) square feet.
3.
Only one (1) freestanding building shall be permitted on each lot or tract of land. This limitation shall not include buildings used for accessory uses.
4.
Not more than one (1) apartment dwelling unit in buildings primarily designated for occupancy by commercial uses shall be permitted on each lot or tract of land. This limitation shall not include dwelling or lodging units permitted as accessory uses.
I.
Minimum Yard Requirements.
1.
Front Yard — General. No structure is allowed within twenty (20) feet of any roadway right-of-way line.
2.
Front Yard — Specific Regulations And Exceptions.
a.
Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.
b.
When the minimum front yard setback of one (1) or more "R" Residence District zoned properties adjoining either side of a lot in this district is greater than twenty (20) feet, the required minimum front yard setback shall be the same as the most restrictive adjoining "R" Residence District.
c.
Boundary walls or fences, six (6) feet in height or less, are allowed within the minimum front yard setback.
d.
Permitted information signs, six (6) feet in height or less, are allowed within the minimum front yard setback.
e.
Permitted directional signs, three (3) feet in height or less, are allowed within the minimum front yard setback.
f.
Light standards for parking lot lighting are allowed no closer than fifteen (15) feet from any roadway right-of-way line.
g.
Light standards for street lighting or at points of ingress and egress are allowed within the minimum front yard setback when approved by the Department of Planning.
3.
Side And Rear Yards — General. No structure is allowed within thirty (30) feet of a property line adjoining property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.
4.
Side And Rear Yards — Specific Regulations And Exceptions.
a.
Any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District, other than a public utility tower authorized by a conditional use permit, must be set back from such property line an additional one (1) foot for every two (2) feet in height above thirty (30) feet.
b.
Boundary walls or fences, six (6) feet in height or less, are permitted within the minimum side and rear yard setbacks required from property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.
c.
Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.