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165.44  C-3 HIGHWAY COMMERCIAL DISTRICT.
   1.   The purpose of this district is to encourage growth and development of business activities and establishments which require highway frontage with a broad use of retail, business, office and service uses.  As such, it will attract substantial volumes of traffic, due to its size and the variety of goods offered.  It may include supermarkets, department stores, and a large variety of specialty stores, services and office buildings.  Because of the substantial volume of traffic and the necessity of maintaining traffic flow on the arterial streets, access must be carefully controlled.
   2.   Permitted Uses.  Only those uses listed below shall be permitted, in accordance with all of the provisions of this district and permitted uses in C-2.
      A.   Department stores (SIC 5311), general merchandise stores (SIC 5399), and variety stores (SIC 5331).
      B.   Mail order houses (SIC 5961).
      C.   Caterers.
      D.   Eating and drinking places, including those with live entertainment and dancing (SIC 5812 and 5813).
      E.   Freezer and locker meat providers, meat and seafood markets including butchering or processing for retail sale on the premises or for an individual consumer.
      F.   Retail bakeries including baking and selling (SIC 5462), and including baking for retail outlets in the metropolitan area owned by the same proprietors as an accessory use.
      G.   Retail pet shops.
      H.   Furriers, including fur dealing as an accessory to retail sales.
      I.   Dry cleaning, including processing.
      J.   Locksmiths, gunsmiths, taxidermists, and other miscellaneous repair shops and related services (SIC 7699).
      K.   Retail sales and repair of lawn and power mowers.
      L.   Retail sale of nursery stock including outdoor storage and sales of same, seeds and fertilizers, and other garden supplies and tools (SIC 5261).
      M.   Gasoline service stations, tire dealers, retail sale of gas and oil, filling stations, and car washes subject to the requirements of Subsection 5.
      N.   Automobile parts store and including installation of mufflers and similar minor equipment, but not including rebuilding of engines, transmissions, or similar work; machining of parts in such magnitude as to violate the performance standards as measured at the property line; or storage of used parts.
      O.   Liquor stores (SIC 5921).
      P.   Tobacco stores (SIC 5993).
      Q.   Custom cabinetry and furniture.
      R.   Furniture upholstery and repair (SIC 7641).
      S.   Retail sale and repair of office furniture, typewriters, and other office equipment.
      T.   Retail sale of household furniture.
      U.   Antique stores.
      V.   Motion picture theaters (SIC 7832).
      W.   Billiard and pool establishments (SIC 7932).
      X.   Bowling alleys (SIC 7933).
      Y.   Dance halls, studios, and schools (SIC 7911).
      Z.   Beauty and barber schools.
      AA.   Funeral homes (SIC 7261).
      BB.   Business services (SIC 7300), but not including research and development laboratories (SIC 7391), equipment rental and leasing (SIC 7394), commercial testing laboratories (SIC 7397), or unclassified business services (SIC 7399).
      CC.   Labor or trade union halls.
      DD.   Theatrical producers and miscellaneous theatrical services (SIC 7922).
      EE.   Bands, orchestras, actors, and other entertainers (SIC 7929).
      FF.   Job training and vocational rehabilitation services (SIC 8331), individual and family social services (SIC 8322).
      GG.   Outpatient care facilities (SIC 8081).
   3.   Accessory Uses.  Uses clearly subordinate and customarily incidental to the principal use, including storage of merchandise and preparation of certain products. 
   4.   Conditional Uses.
      A.   Auditoriums or assembly areas for more than 100 persons, either as a customary accessory use or a principal use.
      B.   Outdoor patios or serving areas for eating and drinking places, provided that no amplified sound shall be permitted.
      C.   Veterinarian clinics or animal hospitals providing overnight boarding or lodging.
      D.   Business, trade, and secretarial schools (SIC 8244).
      E.   General medical and surgical hospitals (SIC 8062).
      F.   Other amusement or recreational services not listed as permitted uses.
      G.   Consignment shops for retail sale of used clothing and other household items in undamaged, like-new condition.
      H.   Automotive repair shops (SIC 7538 and 7539).
      I.   Buildings taller than 60 feet in height, subject to solar and fire considerations.
      J.   Communication towers with a maximum height of 130 feet, located not less than 200 feet from the boundary of any property zoned for residential use or designated for such use by the Comprehensive Plan.
      K.   Storage facilities.
   5.   Performance Standards.
      A.   Storage shall be limited to those inventories, supplies, and equipment necessary to support the principal use and shall not exceed 40 percent of the total gross floor area; further provided that storage shall be wholly contained within the principal building.
      B.   A minimum of 15 percent of the lot in addition to required landscape setbacks and buffer yards shall be maintained as open space landscaped with grass, trees, shrubs, and other plant material.
      C.   Certain products may be produced on the premises provided that:
         (1)   Such production shall be clearly accessory to the retail use of the premises;
         (2)   All such products shall be sold at retail on the premises on which they are produced, provided that such restriction shall not be construed to prohibit operation of a catering service or similar establishment.
      D.   No noise, vibration, hazard, glare, air pollutants such as fumes or dust, odor other than that which might originate from food preparation by a bakery or restaurant, or electro-magnetic disturbances shall be generated.
      E.   No wholesaling shall be permitted, except for certain products such as automotive parts which may be purchased on a largely individual basis for resale as part of a repair service as opposed to bulk shipments and deliveries.
      F.   Nothing shall be construed to permit any use of an adult entertainment nature.
      G.   All activities, storage, and display shall be contained within a fully enclosed building, except for uses such as sale of gasoline which by their nature must be conducted outside.
      H.   All refuse collection areas shall be fully enclosed by a six foot high opaque wood fence or masonry wall.  Where the lot abuts property zoned for residential use, a buffer shall be provided between such use. 
   6.   Bulk Regulations.  The following requirements shall provide for light and air around permitted uses and building in the C-3 District.
      A.   Minimum Lot Area:  None.
      B.   Minimum Lot Width:  None.
      C.   Minimum Front Yard:  20 feet.
      D.   Minimum Side Yards:  Adjacent to a street – 20 feet; adjacent to a residential district – 30 feet; otherwise none required.
      E.   Minimum Rear Yard:  Adjacent to residentially zoned property – 30 feet; otherwise none required.
      F.   Maximum Height:  60 feet, provided that no building immediately south of a residentially zoned property shall exceed a bulk plane having a 14 degree altitude calculated from a horizontal plane extending through a line located 18 feet above the average elevation of the rear lot line when the rear yard abuts a residential district lying to the south, or above the average elevation of the front lot line of a residentially zoned parcel immediately across the street from said building.
      G.   Maximum floor area ratio (FAR):  .500.