The following regulations shall apply in the C-1 neighborhood commercial, C-2 rural commercial, and C-3 general commercial zones.
(A) C-1 neighborhood commercial zone.
(1) Purpose. The C-1 neighborhood commercial zone is intended to accommodate those retail and service facilities that are considered to be essential functions of residential neighborhoods.
(2) Permitted uses in a C-1 zone.
(a) Any conforming use permitted in the R-2 multiple-family zone;
(b) The following uses or uses of similar type, provided that they are conducted wholly within a building, except for off-street loading of delivery vehicles which are incidental thereto as required in § 153.082(C) and are 10,000 feet or less:
1. Bank;
2. Barber shop or beauty parlor;
3. Book or stationery store;
4. Club, lodge (non-profit), or fraternal association;
5. Confectionary store;
6. Department, furniture, or radio store;
7. Drug store;
8. Florist or gift shop;
9. Grocery, fruit, or vegetable store;
10. Hardware or electric appliance store;
11. Jewelry store;
12. Medical or dental clinic or laboratory;
13. Meat market or delicatessen;
14. Music store or newsstand;
15. Office, business or professional;
16. Photographer;
17. Restaurant, tea room, or café (excluding drive-ins);
18. Shoe store or shoe repair shop;
19. Sign painting shop;
20. Small equipment or appliance repair;
21. Tailor, clothing, or wearing apparel store;
22. Theater other than “drive-in”;
23. Tire store;
24. Variety store; and
25. Other retail business and service establishments, not specifically referred to in this chapter, selling new merchandise exclusively.
(c) Small retail shopping centers with no more than five stores totaling 50,000 square feet or less with a maximum square feet of any one store being 35,000. Establishments within such center shall be restricted to those listed in division (A)(2)(b) above;
(d) Automobile service station;
(e) Advertising devices shall be permitted, provided that they are erected in accordance with the provisions of § 153.093(H);
(f) Uses customarily incidental to any of the above uses and accessory buildings shall be permitted when located on the same lot; and
(g) Off-street parking areas in accordance with § 153.082(A).
(B) C-2 rural commercial zone.
(1) Purpose. The C-2 rural commercial zone is intended to accommodate those retail and service facilities that are considered to be essential functions of rural or agricultural areas.
(2) Permitted uses in a C-2 zone.
(a) Any use permitted in a C-1 zone provided that C-1 uses shall be subject to the same regulations as specifically set forth in the C-2 zone.
(b) The following uses or uses of a similar type pertinent to farm commodities, provided where they are within 150 feet of an R zone, they shall be conducted wholly within the building or within an area screened on all sides by a masonry wall, compact evergreen planting, or uniformly painted wood fence (not less than six feet in height) which shall be maintained between such use and adjoining R zone or use:
1. Agricultural implements, motor vehicle, or trailer sales or repair;
2. Building material sales yard, including the sale of lumber (where no millwork is provided), rock, sand, and gravel but excluding concrete and asphaltic concrete mixing;
3. Farm equipment storage yard or equipment rental establishment;
4. Feed sales;
5. Wholesale florist or greenhouse;
6. Poultry or rabbit killing incidental to retail sales on the premises; and
7. Underground bulk storage and fuel oil, liquefied petroleum gas, and gasoline in amounts not to exceed 50,000-gallon capacity.
(c) The following uses or uses of a similar type not pertinent to farm commodities, provided they meet the requirements indicated in § 153.086(C)(2)(b) shall be permitted:
1. Auction hall, amusement enterprise, including billiard or pool hall, bowling alley, boxing arena, dance hall, games of skill or science, penny arcade, shooting gallery, and the like if the nearest point of the structure is not less than 200 feet from any R zone;
2. Drive-in business where persons are served in automobiles from a refreshment stand, restaurant, food store, and the like, provided the area is screened by a masonry wall, compact evergreen planting, or uniformly painted wood fence not less than six feet in height which is erected and maintained between such uses and any adjoining R zone or residential development;
3. Drive-in movie;
4. Driving tees or ranges;
5. Funeral parlor;
6. Laundry or dry cleaning establishment, including auto-laundry;
7. Hotel or motel;
8. Printing shop;
9. Pet shop; and
10. Greenhouses and nurseries.
(C) C-3 general commercial zone.
(1) Purpose. The C-3 general commercial zone is intended to accommodate those retail and service facilities that are convenient and attractive for a wide range of retail uses and businesses and which provide a setting conducive to and safe for pedestrian traffic.
(2) Permitted uses in a C-3 zone.
(a) Any use permitted in the C-2 zone, provided that C-2 uses shall be subject to the same regulations; except those regarding maximum height, as specifically set forth in the C-2 zone;
(b) The following uses or uses of similar type provided that, where they are within one 150 feet of a more restrictive zone (F, A, or R zone), they shall be conducted wholly within a building; except for off-street loading of delivery vehicles which are incidental thereto as required in § 153.082(C):
1. Art or antique shop;
2. Carpenter, cabinet, plumbing, or sheet metal fabricating shops but excluding manufacture;
3. Pawnshop;
4. Rescue or temporary revival mission;
5. Second-hand store;
6. Trade or business school or private school operated as commercial enterprise;
7. Home furniture upholstering shop; and
8. Wholesale merchandise storage.
(c) The following uses or uses of a similar type provided that, where they are within 150 feet of a lot in a more restricted zone, they shall be conducted wholly within a building or within an area enclosed on all sides with a solid wall, compact evergreen screen or uniformly painted board fence, not less than six feet in height except in required set back areas, the height shall be four feet:
1. Building material sales yard, including the sale of lumber, rock, sand, and gravel but excluding concrete and asphaltic concrete mixing;
2. Contractor’s equipment storage yard or plant or rental of equipment commonly used by contractors;
3. Draying, freighting, or trucking yard or terminal; and
4. Feed or fuel yard.
(Ord. 2005-01, passed 2-17-2005) Penalty, see § 153.999