(A) Purpose of District. The following regulations shall apply in all C-3 Districts. The C-3 Highway Commercial District is intended to provide for retail commercial, amusement, and transient residential uses which are appropriate to highway location.
(B) Use regulations. No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part for other than 1 of the following specific permitted uses in accordance with the limitations hereinafter specified:
(1) Apartment building(s).
(2) Automobile washing establishment; automobile, truck and trailer rentals; new and used automobile, trucks, motorcycle and trailer sales; repair and service garages.
(3) Automobile seat cover installations.
(4) Ambulance service.
(5) Amusement enterprises, including boxing or sports arena, bowling alley, golf driving range, pony riding (without stables) skating rink.
(6) Agricultural implement sales (new and used).
(7) Awning sales.
(8) Boat sales, service and rentals (including sale of boat motors and accessories).
(9) Drive-in business, including theaters, refreshment stands, restaurants, barbecue stands, and dairy products.
(10) Electrical repair shops, home appliance repairs.
(11) Electrical and plumbing fixtures.
(12) Feed stores.
(13) Hotel, motel and motor hotel.
(14) Laundries and dry cleaning establishments, including coin-operated laundries, provided that:
(a) A laundry shall not exceed, for all washing units combined, a total rated capacity of 200 pounds; and
(b) A dry cleaning establishment shall not use more than 2 clothes cleaning units which shall have a rated capacity of not more that 40 pounds per unit; nor use cleaning fluid which is explosive or inflammable at temperatures below 138.5 degrees Fahrenheit.
(15) Greenhouse, nursery.
(16) Grocery store or food market.
(17) Monuments (sale, preparation and display only).
(18) Pawn shop.
(19) Pest control agency.
(20) Parking lots and parking garage.
(21) Plant and scrub nursery.
(22) Photographic development laboratory.
(23) Race track — horse or dog.
(24) Research and testing laboratory.
(25) Second hand stores.
(26) Sharpening and grinding shop.
(27) Taxidermist.
(28) Theatrical studios.
(29) Tire and battery stores.
(30) Trade associations and union halls.
(31) Wholesale merchandise broker.
(32) Veterinary and veterinary clinics.
(33) Accessory uses and structures.
(34) Antique store or mall.
(35) The following uses if approved as conditional uses:
(a) Circus or transient amusement;
(b) Freight or truck yard or terminal;
(c) Farm and contractor’s equipment storage yard or plant or rental of equipment;
(d) Building material sales yard, including the sale of lumber, rock, sand and gravel but excluding concrete mixing;
(e) Dance halls;
(f) Night clubs, bars, saloons, taverns;
(g) Public utilities, including electric distribution substations and the like;
(h) Dairy supplies;
(i) Machinery;
(j) Industrial equipment;
(k) Produce;
(l) Restaurant and hotel supplies and equipment;
(m) Swimming pool supplies and equipment;
(n) Welding supplies and equipment;
(o) Accessory uses and structures.
(36) Other uses or enterprises similar to the above, which in the judgment of the APC are similar to and not more objectionable to the general welfare than the uses listed. Other uses so determined shall be regarded as “listed uses.” In no instance, however, shall the APC determine, nor the regulations be so interpreted, that a use shall be permitted in a District when such use is specifically listed as first permissible in a less restricted district.
(C) Limitations on uses. Except for open air sales of new or used automobiles, trailers, or trucks; amusement enterprises; drive-in businesses; race tracks; parking lots and parking garages; boat sales and rentals; all activities, including sale, display, and preparation, shall be conducted entirely within a completely enclosed building except as may be specified hereafter:
(1) Any of the stores, shops or commercial establishments may be operated as a retail and/or wholesale establishment.
(2) Open storage of materials and equipment shall be permitted only when in conjunction to the use of an office, store, or other commercial building that is, located on the front portion of the same lot, and provided that:
(a) Such storage is located on the rear 1/2 of the lot.
(b) The storage area is completely enclosed by a solid wall or fence (with necessary openings) not less than 6 feet in height.
(c) No equipment or material is stored having a height greater than that of the wall or fence enclosing the storage area.
(3) Storage of merchandise and/or materials shall be permitted within the rear portion of a building when in conjunction with the operation of an office, store, or other commercial use, located within the front portion of the same building, and provided that the office, store or commercial use occupies a minimum of 25% of the total floor area of the building or structure.
(4) Open air sales of new or used automobiles, trailers, or trucks, located on land adjacent (either abutting or separated by an alley) to an R (Residential) District, shall be separated from the land in the R District by a solid wall or fence at least 6 feet in height.
(D) The uses permitted in the C-3 District are subject to the following requirements:
(1) A maximum height, minimum lot area, minimum lot width, yard requirements and lot coverage as shown in § 171.08, “Table of Standards for Principal Buildings on Individual Lots.”
(2) Additional area regulations (§ 172.01).
(3) Additional yard requirements (§ 172.02.)
(4) Additional height requirements (§ 172.03).
(5) Minimum floor area schedule as shown in § 172.04.
(6) Fence restrictions as provided in § 172.05.
(7) Parking restrictions as provided in § 172.06.
(8) Restrictions on signs as provided in Chapter 174.
(Ord. 2017-02, passed 2-20-2018) Penalty, see § 175.99