The regulations set forth in this chapter or set forth elsewhere in this title, when referred to in this article, are the C-1 commercial district regulations.

(Zoning Ord. § 5-5-101)

A.

A building or premises in a C-1 commercial district shall only be used for the following purposes:

1.

Animal shelter, subject to the requirements of Section 17.36.120 of this title;

2.

Antique store;

3.

Apartment houses which do not exceed two stories nor more than twenty-four (24) feet or two stories in height, unless located within the Youngtown redevelopment district, identified in Resolution 00-09. In such a case, the maximum height shall be forty-eight (48) feet or four stories;

4.

Art shop;

5.

Automobile dealerships;

6.

Automobile rental businesses;

7.

Bakery goods store; provided, that all goods baked on the premises are sold at retail over the counter only;

8.

Bank;

9.

Barber shop, beauty parlor, chiropody or similar personal service shop;

10.

Bicycle sales and repair;

11.

Boarding kennel, subject to the requirements of Section 17.36.120 of this title;

12.

Book, stationery or gift store;

13.

Building contractor;

14.

Camera shop;

15.

Candy store or fountain, provided there is no manufacturing of candy on the premises;

16.

Children's residential care facility, subject to a special use permit and the requirements of Section 17.36.130 of this chapter;

17.

Cigar store;

18.

Clothes cleaning or pressing establishment; provided, that the cleaning fluid used shall be in Class 4 of the standard of the National Board of Fire Underwriters for Dry Cleaning plants, as recommended by the National Fire Protection Association in bulletin of NBFU No. 32 dated June 2, 1961;

19.

Clothing, new and dry goods store;

20.

Delicatessen store, all food prepared on premises shall be sold at retail over the counter only. There shall be no slaughtering of animals or poultry on the premises;

21.

Doggie daycare, subject to the requirements of Section 17.36.120 of this title;

22.

Dress or millinery shop, custom;

23.

Drug store;

24.

Electric carts, sale and repair;

25.

Electrical contractor;

26.

Florist;

27.

Furniture and house furnishing store, provided that no manufacturing or remodeling of furniture is allowed on the premises;

28.

Golf cart sale and repair;

29.

Grocery store and meat market, provided there is no slaughtering of animals or poultry on the premises;

30.

Hardware store;

31.

Home refrigeration, heating, sale and repair;

32.

Homeless shelter, subject to a special use permit and compliance with the requirements of Section 17.52.160 of this title;

33.

Household appliance store, sales and/or repair;

34.

Ice cream store, provided there is no manufacturing of ice cream on the premises;

35.

Jewelry store;

36.

Laundry agency, laundry or laundromat;

37.

Leather and leather goods shop;

38.

Liquor sales for off-site consumption;

39.

Locksmith shop;

40.

Medical clinic;

41.

Musical instrument and sheet music shop;

42.

Notion and five-and-ten store;

43.

Office;

44.

Optical goods store and repair;

45.

Paint and wall paper store;

46.

Parking lot;

47.

Photographer's or artist's studio;

48.

Plumbing shop;

49.

Printing shop;

50.

Professional services;

51.

Radio and television store and repair;

52.

Refuse service office;

53.

Restaurant or cafe, including drive-in car service;

54.

Retail sales and serving of spirituous liquors for consumption on the premises in connection with an established restaurant, which may contain a cocktail lounge, but whose principal business is serving food, and which shall have a capacity of not less than fifty (50) persons, exclusive of any cocktail lounge or bar. Drive-in car services are permitted;

55.

Retail sale of pet supplies and grooming of dogs; provided, that no animals shall be boarded on the premises overnight;

56.

Security guard and patrol service;

57.

Service station, including incidental auto repairing, provided that all repair work is conducted wholly within a completely enclosed building and does not occupy more than forty (40) percent of the floor space;

58.

Shoe repair shop;

59.

Store or shop for conduct of retail business;

60.

Private and semi-public swimming pool; provided, that such pool shall be located not closer than seven feet to any property line, shall not occupy any front yard and is screened from adjacent properties by a solid wall or fence. The fence and gate shall be constructed and maintained in accordance with the requirements of the International Building Code and Sections 15.04.020(A)(2) and (3) of this code. The provisions of Section 15.04.010(B) of this code shall not apply. Such protective enclosure shall be maintained by locked gates or entrances when the pool is not tended by a qualified and responsible person;

61.

Tailor, custom;

62.

Tanning salons;

63.

Taxi, chauffeur limousine and similar transportation services for individuals;

64.

Thrift stores;

65.

Trade schools;

66.

Theater, but not including drive-in theater;

67.

Veterinary office for the treatment of animals; provided, that no animal larger than a household pet may be kept on the premises overnight;

68.

Wireless communications facilities, subject to the requirements of Chapter 17.57 of this title.

B.

Separation requirements between all nontraditional business uses: The minimum separation between any two nontraditional businesses shall be shall be two thousand five hundred (2,500) feet, as measured in a straight line in any direction from the closest perimeter business walls.

(Ord. 06-10 (part); Ord. 05-02 § 1 (part); Ord. 02-12 (part); Ord. 00-08 § 1; Zoning Ord. § 5-5-102)

(Ord. No. 09-08, § I, 12-17-09; Ord. No. 13-01, § I, 3-21-13; Ord. No. 14-05, § I, 9-18-14; Ord. No. 18-13, § I, 11-1-18)

A.

Accessory buildings and uses customarily incident to the uses set forth in Section 17.36.020 are permitted in C-1 commercial district including parking lots.

B.

Any building used primarily for any of the purposes enumerated in Section 17.36.020 may not have more than forty (40) percent of the floor area devoted to storage purposes incidental to such primary use.

C.

Nonresidential uses, except signs, shall be restricted to closed buildings. Any lighting shall be so placed to reflect the light away from lots in residential districts.

(Ord. 02-12 (part); Zoning Ord. § 5-5-103)

Fences or free standing walls shall not exceed six feet in height in side or rear yard. Fences may be solid, of any approved fencing material except barbed wire, but may have a barbed wire protector along top, protector must be straight in line with fence or slope in. Fences in front yards may not exceed two and one-half feet in height.

(Zoning Ord. § 5-5-104)

Apartment dwellings with only one bedroom and one bathroom require a living area of at least six hundred forty (640) feet, which is hereby modified to decrease the size to five hundred fifty-eight (558) feet. All other apartment dwellings shall have a living area of at least eight hundred fifty (850) square feet. These requirements shall apply to the area enclosed by the walls proper of the house exclusive of open porches, pergolas or attached garages or carports, if any, or any similar extension thereof.

(Ord. 02-12 (part); Ord. 95-04 (part); Zoning Ord. §§ 5-5-105, 5-5-112)

(Ord. No. 2021-04, § IA., 8-11-21)

A.

There shall be a front yard having a depth of not less than twenty (20) feet, except as provided in Chapter 17.52.

B.

Where lots have a double frontage, the required front yard shall be provided on both streets.

C.

A canopy or roof extension on the front of a building shall not exceed eight feet.

(Ord. 02-12 (part); Ord. 96-11 § 1; Zoning Ord. § 5-5-106)

(Ord. No. 2021-04, § IB., 8-11-21)

A.

No side yard shall be required except where a lot adjoins a dwelling district, in which event there shall be a side yard of not less than seven feet. In all other cases, if a side yard is provided, it shall not be less than three feet in width.

B.

No canopies or roof extension shall project more than five feet on the side of a building.

(Zoning Ord. § 5-5-107)

No rear yard shall be required except where a lot adjoins a dwelling district, in which event there shall be a rear yard of not less than twenty (20) feet.

(Zoning Ord. § 5-5-108)

No building shall exceed two stories or twenty-four (24) feet in height, unless located within the Youngtown redevelopment district, identified in Resolution 00-09. In such case, the maximum height shall be forty-eight (48) feet or four stories.

(Ord. 02-12 (part); Ord. 00-08 § 2; Zoning Ord. § 5-5-109)

The provisions of Section 17.60.050 shall apply.

(Zoning Ord. § 5-5-110)

The provisions of Chapter 17.64 shall apply.

(Zoning Ord. § 5-5-111)

(Ord. No. 10-17, § I, 12-16-10)

A.

No person shall own or operate an animal shelter, boarding kennel or doggie daycare without having made application and having received the appropriate license pursuant to Chapter 5 of this code. The application shall include the submittal of a site plan and floor plan for the facility.

B.

Every entity or person who owns or operates an animal shelter, boarding kennel or doggie daycare shall ensure that all animals housed at the facility have all current licenses and vaccinations required by state or local laws.

C.

Every entity or person who owns or operates an animal shelter, boarding kennel or doggie daycare shall:

(1)

Maintain the facility in a clean and sanitary condition;

(2)

Ensure all food and water bowls in use shall be non-spill, made of stainless steel and be cleaned and disinfected each day;

(3)

Ensure the facility and associated surrounding areas are adequately ventilated and in clean condition free from vermin and offensive odors;

(4)

Ensure an exercise area shall be provided so as to enable each animal to exercise freely and easily for at least six hours per day so as to maintain physical health and well being; and

(5)

Ensure the excreta, dead animals and other waste resulting from the keeping of any animals shall be removed from the premises as necessary and in accordance with any applicable state or local laws and in a manner that avoids any offensive odors from emanating to surrounding properties.

D.

Every entity or person who operates an animal shelter or boarding kennel shall ensure any outdoor cage or pen used for housing, holding or exercising animals is constructed and maintained so that each animal may extend its legs to its full extent, stand, sit, turn around and lie down in a fully extended position, so that there is adequate shade to protect the animals from direct sun, and so that any animal cannot readily escape from the cage or pen; and any outdoor exercise area must be a minimum of one hundred fifty (150) feet from any residential zoning district.

E.

Every entity or person who operates an animal shelter or boarding kennel shall ensure that there is sufficient staff present to care for the animals housed at the facility, except that no person must be present between the hours of nine p.m. to six a.m.

F.

Every entity or person who operates a doggie daycare shall ensure that at least one staff person is present at all times the business is open for business. No animals may be boarded or kept at a doggie daycare between the hours of eight p.m. and six a.m.

G.

Any person operating a boarding kennel or doggie daycare shall keep records for each incoming and outgoing animal including the following information:

(1)

Name and address of the owner of all animals cared for or kept at the facility;

(2)

Dates of arrivals to and departures from the facility of each individual animal; and

(3)

Records evidencing that each animal cared for or kept at the facility has all licenses and vaccinations required by state or local laws.

(Ord. No. 09-08, § I, 12-17-09)

Children's residential care facilities shall comply with the following:

A.

The children's residential care facility shall not be located on a lot within one thousand three hundred twenty (1,320) feet, measured by a straight line in any direction, from the lot line of another children's residential care facility.

B.

Where required, the children's residential care facility should be licensed by, certified by, approved by, registered with, or under contract with a federal, state, or local government and evidence of such must be provided to the town.

C.

An application for a special use permit shall include detailed site plan and operations plan.

(Ord. No. 13-01, § I, 3-21-13)