Wildwood City Zoning Code
SECTION 415
180 "C-2" Shopping District Regulations.
[R.O. 1997 § 415.180; Ord. No. 1324 App. A § 1003.133, 8-14-2006; Ord. No. 1527 § 1, 7-14-2008]
A.
Scope Of Provisions. This Section contains the district regulations of the "C-2" Shopping 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-2" Shopping District encompasses areas wherein may be located such stores and service facilities as will provide a wide range of goods and services usually used, consumed or needed in the home or by individuals. It is the purpose of these regulations to facilitate the establishment of conditions suitable for the operation of small businesses catering to the general public.
B.
Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:
1.
Auditoriums and other facilities for public assembly (building footprint to exceed forty thousand (40,000) square feet).
[Ord. No. 2588, 1-25-2021]
2.
Child-care centers, nursery schools and day nurseries.
3.
Churches.
4.
Clubs, lodges and meeting rooms.
5.
(Reserved)[1]
[1]
Editor's Note: Former Subsection (B)(5), regarding financial institutions, was repealed 1-25-2021 by Ord. No. 2588.
6.
Libraries and reading rooms.
7.
Local public utility facilities:
a.
Provided that any installation, other than poles and equipment attached to the poles, shall be:
(1)
Adequately screened with landscaping, fencing or walls or any combination thereof; or
(2)
Placed underground; or
(3)
Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.
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.
8.
Medical and dental offices.
9.
Mortuaries.
10.
Offices or office buildings.
11.
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.
12.
Police, fire and postal stations.
13.
Recreational facilities, including indoor theaters, but not including drive-in theaters, golf practice driving ranges and outdoor swimming pools.
14.
Restaurants, including fast-food restaurants except those which provide drive-through service or those which constitute the only use in a freestanding building.
15.
Fast-food restaurants selling only ice cream products, yogurt or similar dairy dessert products and soft drinks.
16.
Schools for business, professional or technical training, but not including outdoor areas for driving or heavy equipment training.
17.
Stores, shops, markets, service facilities and automatic vending facilities in which goods or services of any kind, including personal, are offered for sale or hire to the general public on the premises.
[Ord. No. 2588, 1-25-2021]
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 exceeds two (2) stories or forty (40) feet in height, whichever is less, including roof top mechanical equipment attached to a structure.
2.
ATM - Freestanding.
[Ord. No. 2588, 1-25-2021]
3.
Animal hospitals and veterinary clinics, not including open kennels and exercise yards.
4.
Apartment dwelling units in buildings primarily designated for occupancy by commercial purposes. A minimum of eight hundred (800) square feet of contiguous open space per dwelling unit, protectively screened from commercial activities and directly accessible to the dwelling units shall be provided on the premises for the exclusive use of the occupants of such apartments.
5.
Car washes for automobiles.
6.
Fast-food restaurants excluded as a permitted use in this zoning district.
6a.
Food truck park.
[Ord. No. 2588, 1-25-2021]
7.
Filling stations for automobiles.
8.
Financial institutions with drive-through facilities.
9.
Highway Department garages.
10.
Hospitals and hospices.
11.
Hotels, including customary services for guests.
12.
Outpatient substance abuse treatment facilities.
12a.
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].
12b.
Philanthropic institutions and other not-for-profits.
[Ord. No. 2588, 1-25-2021]
13.
Public utility facilities, other than local public utility facilities.
14.
Satellite dishes [see provisions of Section 415.380(R)].
15.
Sewage treatment facilities, not including individual sewage treatment facilities permitted as an accessory use.
15a.
Thrift stores.
[Ord. No. 2588, 1-25-2021]
16.
Vehicle service centers for automobiles.
17.
Vehicle repair facilities for automobiles.
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 any 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, information and portable or temporary).
E.
Performance Standards. All uses in the "C-2" Shopping 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 other than a 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 not exceed two (2) stories or forty (40) feet in height, whichever is less, above the average finished ground elevation at the perimeter of such structure unless authorized by conditional use permit.
2.
Total height of any structure authorized by conditional use permit shall be authorized by specific conditions of the permit; except that the height of structures may be further restricted as provided in Section 415.240, Air Navigation Space Regulations.
G.
Minimum Lot Area Requirements.
1.
Every lot or tract of land shall have an area comprising not less than twelve thousand (12,000) square feet.
2.
Churches shall be situated on tracts of land at least one-half (1/2) acre in area.
3.
Hospitals shall be situated on tracts of land at least five (5) acres in area.
4.
Any lot or tract of record on the effective date of this Chapter, which contains less area than herein specified, may be used as a site for only one (1) use listed in Subsection (B), together with related parking areas and accessory uses and developments. In addition, an outdoor advertising sign may be authorized on such a lot by conditional use permit.
H.
Development Limitations.
1.
Not more than twenty-five percent (25%) 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 one (1) business, firm or service shall not exceed thirty thousand (30,000) square feet.
3.
The capacity of auditoriums, churches, clubs, lodges, meeting rooms, libraries, reading rooms, theatres or any other facility for public assembly shall not exceed one thousand (1,000) persons.
4.
Outpatient substance abuse treatment facilities shall maintain a minimum separation of a one (1) mile radius between each facility.
I.
Minimum Yard Requirements.
1.
Front Yard — General. No structure is allowed within fifteen (15) 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.
Boundary walls or fences, six (6) feet in height or less, are allowed within the minimum front yard setback.
c.
Permitted information signs, six (6) feet in height or less, are allowed within the minimum front yard setback.
d.
Permitted directional signs, three (3) feet in height or less, are allowed within the minimum front yard setback.
e.
Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, 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 ten (10) 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.
J.
Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280, Off-Street Parking and Loading Requirements — General.
K.
Sign Regulations. Sign regulations are set forth in Section 415.400, Sign Regulations — General.
