§ 160. "C-2" Shopping District Regulations.
1.
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 Zoning Ordinance 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.
2.
Permitted land uses and developments. The following land uses and developments are permitted in this district:
(1)
Accounting offices.
(2)
Apparel and accessories.
(3)
Appliance stores and repair and service.
(4)
Architect offices.
(5)
Art galleries.
(6)
Artist studios/work areas.
(7)
Auditoriums and other facilities for public assembly.
(8)
Bakeries.
(9)
Book stores.
(10)
Bookkeeper offices.
(11)
Business and professional offices and office buildings.
(12)
Camera and photo supplies stores.
(13)
Candy maker studios/work areas.
(14)
Churches.
(15)
Dance teacher studios/work areas.
(16)
Dental offices/clinics.
(17)
Dressmaker facilities.
(18)
Dry cleaners.
(19)
Electronic appliance repair facilities.
(20)
Electronics stores.
(21)
Engineer offices.
(22)
Eye glass shops.
(23)
Film processing shops without drive-up services.
(24)
Financial consultant offices.
(25)
Financial institutions (excluding check cashing and short-term loan establishments) without drive-thru facilities.
(26)
Fire stations.
(27)
Floral shops.
(28)
Gift and novelty stores.
(29)
Hardware stores.
(30)
Hearing aid shops.
(31)
Hobby supply stores.
(32)
Income tax preparer offices.
(33)
Insurance sales offices.
(34)
Interior decorating shops.
(35)
Jewelry stores.
(36)
Land title insurance companies.
(37)
Lawnmower sales.
(38)
Lawyers offices.
(39)
Libraries and reading rooms.
(40)
Meat stores.
(41)
Medical offices/clinics.
(42)
Mortgage companies.
(43)
Music teachers studios/work areas.
(44)
Musical instruments and record stores.
(45)
Newsstands.
(46)
Notions stores.
(47)
Paint stores.
(48)
Pet grooming, domestic small household.
(49)
Pharmacies.
(50)
Planners offices.
(51)
Police stations.
(52)
Postal stations.
(53)
Real estate appraisers, brokers and salespersons offices.
(54)
Schools for business, professional or technical training, but excluding outdoor areas for driving or heavy equipment training.
(55)
Service selling only those goods which may be sold by any other permitted retail stores in this district.
(56)
Shoe repair stores.
(57)
Sporting goods stores.
(58)
Stationery stores.
(59)
Stenographer/typist studios/work areas.
(60)
Supermarkets or grocery stores.
(61)
Tailor shops.
(62)
Taxidermist shops.
(63)
Tobacco stores.
(64)
Toy stores.
(65)
Upholstery shops.
(66)
Utility (local public utility) facilities, provided that any installation, other than poles and equipment attached to the poles, shall be:
(a)
Adequately screened with landscaping, fencing or walls, or any combination thereof; or
(b)
Placed underground; or
(c)
Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.
All plans for screening these facilities shall be submitted to the Department of Public Works for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Public Works.
(67)
Variety stores.
(68)
Video rental stores.
(69)
Wallpaper stores.
3.
Land use and developments requiring conditional use permits. The following land uses and developments may be permitted under Section 290, "Conditional Use Permits," of this Zoning Ordinance:
(a)
Adult day care centers.
(b)
All permitted land uses and developments set forth in subsection 2 which exceed two (2) stories or forty (40) feet in height, whichever is less, including roof top mechanical equipment attached to a structure.
(c)
Barbershops.
(d)
Beauty and nail salons.
(e)
Child day care centers, nursery schools and day nurseries.
(f)
Cocktail lounges.
(g)
Convenience stores.
(h)
Day spas.
(i)
Fast food restaurants.
(j)
Filling stations or service stations, together with such uses as may be incidental to the business of conducting a gasoline filling station when such uses have been included in any permit which may be granted. This may include towing service and storage of damaged automobiles on premises for a period of no more than fifteen (15) days for each automobile inspection by insurance company or other parties. Permits under this section shall be conditioned upon compliance with all existing fire regulation and ordinances of the appropriate fire protection district where the structure is located.
(k)
Financial institutions (excluding check cashing and short-term loan establishments) with drive-through facilities.
(l)
Hospitals.
(m)
Hotels, including customary services for guests.
(n)
Nursing homes.
(o)
Package liquor stores.
(p)
Private clubs, lodges and meeting rooms.
(q)
Produce stores.
(r)
Public parking garages or a public parking area under special conditions where necessary for the public convenience or welfare.
(s)
Public utility facilities not otherwise permitted under Subsection 2.
(t)
Recreational facilities, including indoor theatres, but excluding drive-in theatres, illuminated outdoor golf practice driving ranges and outdoor swimming pools.
(u)
Restaurants, excluding fast-food restaurants.
(v)
Sewage treatment facilities, not including individual sewage treatment facilities permitted as an accessory use.
(w)
Taverns.
(x)
Vehicle service centers for automobiles.
(y)
Veterinarian offices/clinics and animal hospitals, excluding open kennels and exercise yards.
4.
Accessory land uses and developments. Unless restricted by applicable condition and subject to compliance with the procedures of this section, accessory buildings, structures and uses are permitted in conjunction with a land use or development permitted hereunder which 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:
(a)
Associated work and storage areas required by any business firm, or service to carry on business operations.
(b)
Devices for the generation of energy, such as solar panels and similar devices.
(c)
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.
(d)
Outdoor sales.
5.
Performance standards. All uses in the "C-2" Shopping District shall operate in conformity with the appropriate performance standards contained in Section 210, "Zoning Performance Standard Regulations," of this Zoning Ordinance.
6.
Height limitations for structures. The maximum height of structures in this district shall be as follows:
(a)
The total height of any structure, 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.
(b)
Total height of any structure authorized by conditional use permit shall be authorized by specific conditions of the permit.
7.
Minimum lot area requirements:
(a)
Every lot or tract of land shall have an area comprising not less than twelve thousand (12,000) square feet.
(b)
Churches shall be situated on tracts of land at least three (3) acres in area.
(c)
Hospitals shall be situated on tracts of land at least five (5) acres in area.
(d)
Any lot or tract of record on the effective date of this ordinance, which contains less area than herein specified, may be used as a site for only one use listed in subsection 2, together with related parking area and accessory uses and developments.
8.
Development limitations.
(a)
Not more than twenty-five (25) percent of the total area of any lot or tract of land in this district shall be covered by structures.
(b)
The total gross floor area devoted to any one (1) business, firm, or service shall not exceed thirty thousand (30,000) square feet.
(c)
The capacity of auditoriums, churches, clubs, lodges, meeting rooms, libraries, reading rooms, theaters or any other facility for public assembly shall not exceed five hundred (500) persons.
9.
Minimum yard requirements:
(a)
Front yard; general: No structure is allowed within fifteen (15) feet of any roadway right-of-way line.
(b)
Front yard; specific regulations and exceptions:
(i)
Notwithstanding any other provision of this ordinance, 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.
(ii)
Boundary walls or fences, six (6) feet in height or less, are allowed within the minimum front yard setback.
(iii)
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 Planning and Zoning Commission.
(c)
Side and rear yards; general: No structure is allowed within fifteen (15) feet of a property line adjoining property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District.
(d)
Side and rear yards; specific regulations and exceptions:
(i)
Any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non-Urban, "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.
(ii)
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, "PS" Park and Scenic, or any "R" Residence District.
(iii)
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, "PS" Park and Scenic, or any "R" Residence District.
10.
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 220, "Off-Street Parking and Loading Requirements," of this Zoning Ordinance.
11.
Sign regulations. Sign regulations are set forth in Chapter 17.5, "Signs," of this Code.
12.
Existing uses. Any use that was established prior to the effective date of this ordinance shall be considered a conforming use and may continue such use subject to the regulations applicable to other permitted uses in this district.
(Ord. No. 803, § 2, 10-21-03)