§ 154.092 NC NEIGHBORHOOD COMMERCIAL ZONE.

   (A)   Uses permitted. The following retail sales and service businesses supplying commodities and performing services for the residents of the surrounding neighborhood:

      (1)   Apparel shop.

      (2)   Art supplies.

      (3)   Bakery and bakery goods store provided the products are sold exclusively on the premises.

      (4)   Banks and other financial institutions including savings, loan, and finance companies with drive-in windows.

      (5)   Barber and beauty shop.

      (6)   Billiard or pool hall.

      (7)   Book, stationery, or gift shop.

      (8)   Camera and photographic supplies.

      (9)   Candy store, soda fountain, ice cream store, excluding drive-ins .

      (10)   Delicatessen.

      (11)   Drug store.

      (12)   Dry cleaning and laundry pick-up station.

      (13)   Eating and drinking places, excluding drive-ins .

      (14)   Flea market.

      (15)   Florist shop.

      (16)   Food services and supermarkets.

      (17)   Furniture store.

      (18)   Garden supplies.

      (19)   Glass, china, or pottery store.

      (20)   Haberdashery.

      (21)   Hardware store.

      (22)   Health spas.

      (23)   Hobby shop.

      (24)   Household and electrical appliance store including incidental repair.

      (25)   Interior decorating studio.

      (26)   Jewelry store, including repair.

      (27)   Laundromats and self-service washing and drying.

      (28)   Leather goods and luggage store.

      (29)   Library.

      (30)   Locksmith shop.

      (31)   Music, musical instruments, and records including incidental repair.

      (32)   Offices.

      (33)   Off-street parking lots and/or garages.

      (34)   Opticians and optical goods.

      (35)   Package liquor and wine store.

      (36)   Paint and wallpaper store.

      (37)   Pet shop, excluding boarding and outside runs.

      (38)   Police and fire stations.

      (39)   Post office.

      (40)   Radio and television store (including repair).

      (41)   Self-service gasoline station and self- service car wash.

      (42)   Shoe store and shoe repair.

      (43)   Single- and two-family residential uses, provided that such uses occupy the second or third floor or attached to the rear of a commercial use.

      (44)   Sporting goods.

      (45)   Studios for professional work or teaching of any form of fine arts, photography, music, drama, or dance.

      (46)   Tailor shop.

      (47)   Toy store.

      (48)   Variety store, including notions and "Five and Ten" stores.

   (B)   Accessory uses. The following accessory uses shall be permitted:

      (1)   Customary accessory uses .

      (2)   Fences and walls as regulated by §§ 154.165 through 154.172.

      (3)   Signs as regulated by §§ 154.185 through 154.192.

      (4)   Outdoor dining (outdoor eating and/or drinking area ) with a capacity of no more than ten seats, and with no outdoor entertainment.

   (C)   Conditional uses . No building or occupancy permit shall be issued for any of the following, nor shall any of the following uses or any customary accessory buildings or uses be permitted until and unless the location of said use shall have been applied for and approved of by the Board of Adjustments as set forth in § 154.049.

      (1)   Service stations (including auto repairing, providing all repair except that of a minor nature (for example, change of fan belt, minor carburetor adjustment, tire removal and/or replacement, windshield wiper replacement, and the like) is conducted wholly within a completely enclosed building and providing further that such service station is located adjacent to an arterial street as identified in the county adopted Comprehensive Plan ).

      (2)   Churches for the purpose of recognized religious worship.

      (3)   Childcare center.

      (4)   Public , parochial or private schools.

      (5)   Publicly owned or operated parks or recreational facilities.

      (6)   Private recreational facilities including indoor and outdoor uses.

      (7)   Outdoor dining (outdoor eating and/or drinking area ) with the following minimum requirements:

         (a)   Such area shall be designed to clearly identify the limits of the outdoor dining area.

         (b)   Such area shall not exceed 70% of the maximum seating capacity of the premises.

         (c)   Non-amplified entertainment shall be limited to the hours between 9:00 a.m. and 10:00 p.m. within the outdoor dining areas.

         (d)   Amplified entertainment shall be permitted only on Friday and Saturday between the hours of noon and 10:00 p.m.

         (e)   The operational hours for outdoor entertainment may be varied as a part of this conditional use permit based on the development controls within the approved site plan.

         (f)   Accessory structures associated with the use shall not be permitted to locate within any minimum required front, side, or rear yards , except where a variance has been approved by the Board of Adjustment .

   (D)   Area and height regulations. No building shall be erected or structurally altered hereafter except in accordance with the following regulations:

      (1)   Minimum lot area , one acre.

      (2)   Minimum lot width , 100 feet.

      (3)   Minimum front yard depth , 50 feet; except when abutting an arterial street , then there shall be 100 feet.

      (4)   Minimum side yard width . Restrictions when adjacent to a street, road, highway, or other right-of-way when the required width shall be the same as required for a minimum front yard depth in this zone . When the buildings abut each other, firewall construction, as required by the county's building code, shall be required. A side yard is never to be less than 15 feet.

      (5)   Minimum rear yard depth , 50 feet.

      (6)   Maximum building height , 40 feet.

      (7)   In the case of this zone more than one principal building , as herein defined, may be constructed on one lot .

   (E)   Other development controls.

      (1)   Off-street parking and loading or unloading shall be provided in accordance with §§ 154.120 through 154.151.

      (2)   No outdoor storage of any material (usable or waste) shall be permitted in this zone except within enclosed approved containers.

      (3)   No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way, or into any residential zone .

      (4)   Where any yard of any use permitted in this zone abuts a residential zone , a minimum yard requirement of 50 feet for each side and/or rear yard which abuts said zone shall be provided, ten feet of which shall be maintained by a screening area , as regulated by § 154.052.

      (5)   No use producing objectionable odors, noise, or dust shall be permitted within 500 feet from the boundary of any residential zone .

      (6)   All business activities permitted within this zone shall be conducted within a completely enclosed building with the exception of off-street parking, loading, unloading areas, and outdoor dining under (B)(4) or (C)(7).

      (7)   A site plan, as regulated by § 154.054, shall be required for any use permitted in this zone .

(Ord. 0-11-82, passed 11-3-82; Am. Ord. 0-11-89, passed 8-16-89; Am. Ord. O-05-20, passed 4-15-20; Am. Ord. O-12-21, passed 8-4-21) Penalty, see § 154.999