1135.01 Application and purpose.
1135.02 Permitted uses.
1135.03 Conditional uses.
1135.04 Prohibited uses.
1135.05 Limitations on uses.
1135.06 Height, yard and area regulations.
1135.07 Parking and loading regulations.
CROSS REFERENCES
District established - see P. & Z. 1115.01
Off-street parking and loading - see P. & Z. Ch. 1149
Conditional use regulations - see P. & Z. Ch. 1152
Signs - see P. & Z. Ch 1154 et seq.
(a) The regulations set forth in this chapter or set forth elsewhere in this Zoning Code when referred to in this chapter, are the regulations for the C-4 District, Special Commercial District.
(b) The purpose of the Special Commercial District is to improve the visual and aesthetic character and economic value of development within the City of Ashtabula. The current uses and vacant land in this area serve as a transition between existing community-oriented retail establishments and the neighboring residential area. Regulations set forth for this district are intended to begin establishing a coherent design identity for the district, such as uniform setbacks and uniform height restrictions. Additionally, the district regulations will stress buffering and landscaping to protect adjacent residential development from any adverse noise, visual, or traffic impacts arising from new commercial and retail development.
(c) Provisions of the Section shall not apply to uses existing prior to the creation of this district. Pre-existing uses rendered non-conforming under this section may continue as permitted until such uses are discontinued for a continuous period of one year, abandoned or otherwise altered at which time the provisions of this section shall apply.
(d) In the event of conflicting provisions, the provisions set forth in this chapter shall prevail. (2004 Code)
A use shall be permitted only for the following purposes:
(a) Retail Sales Uses:
(1) Apparel;
(2) Art galleries and art supplies;
(3) Baked goods, provided that products baked on premises shall be sold only on premises;
(4) Books and stationery;
(5) Cards and gifts;
(6) Confections;
(7) Cosmetics;
(8) Craft and hobby supplies;
(9) Delicatessen and meat market (no processing);
(10) Department store;
(11) Household appliances, including electronic equipment and computers;
(12) Flowers;
(13) Fruits and vegetables;
(14) Furniture;
(15) Groceries;
(16) Hardware;
(17) Ice cream parlor;
(18) Jewelry;
(19) Lawn and garden supplies;
(20) Luggage;
(21) Music store, including records, tapes and compact discs;
(22) Newspapers and magazines;
(23) Paint and wallpaper supplies;
(24) Pharmacies;
(25) Photographic supplies and studio, provided the use does not exceed a gross floor area of 8,000 square feet.;
(26) Sporting goods;
(27) Toy stores;
(28) Shoe repair; and
(29) Travel agencies.
(b) Eating establishments:
Restaurants including those with outdoor dining, but excluding drive- through restaurants.
(c) Services:
(1) Apparel cleaning and drying, retail only including dry cleaning of clothes in enclosed machines using nonflammable cleaning compounds;
(2) Banks and savings and loans;
(3) Barber and beauty shops;
(4) Professional offices, including medical offices
(d) Any use permitted prior to the creation of the Special Commercial District may continue as permitted. If a previously permitted use is rendered non-conforming by the creation of this District, the use may continue until such use is discontinued or abandoned for a continuous period of one year, or otherwise altered at which time the use will be subject to the limitations set forth in this chapter.
(Ord. 2012-59. Passed 5-7-12.)
The following uses shall be conditionally permitted subject to approval of a conditional use permit, in accordance with Chapter 1152 of this Code, and the use is found to be consistent with the goals and objectives of the district as set forth by the Planning Commission:
(a) Automotive dealers;
(b) Car wash;
(c) Convenience stores, with or without gasoline sales;
(d) Day care centers, child or adult;
(e) Funeral homes;
(f) Packaged liquor projects, including liquor, beer, and wine, wherein the proposed operator can demonstrate substantial likelihood that such sales will constitute less that twenty-five percent of total gross receipts;
(g) Restaurants utilizing a drive-through service;
(h) Gymnasiums or health clubs;
(i) Motion picture or live theatre, excluding drive-in movie theatres;
(j) Gasoline service stations;
(k) Automated Teller Machines (ATMs);
(l) Check cashing institutions;
(m) Veterinary facilities or small animal clinics, including overnight indoor boarding.
(2004 Code)
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