The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the regulations in the C-2 General Commercial District. If all or part of a C-2 General Commercial District has been designated a Special Purpose Overlay District, use, height and area, parking, loading and sign regulations can be found in § 159.027(B).
(A) Use regulations. A building or premises shall be used only for the following purposes:
(1) Any non-residential use permitted in the C-1 Local Commercial District;
(2) Any use permitted in an R-4 Residential District not including the R-1A Single- Family Residential District;
(3) One-family dwelling, provided that the building or premises so used was constructed on or before August 11, 2015, and provided such building or premises was originally designed and intended for single-family residential occupancy and use and provided it has not been substantially altered for commercial use such that single family occupancy would no longer meet existing requirements for R-1C occupancy. Any building expansions where the footprint is increased must meet the setback requirements for residential buildings in R-1C zoning. Prior commercial use of any such building or premises shall not disqualify future single-family use and the same shall not be considered non-conforming pursuant to the provisions of § 159.047.
(a) SUBSTANTIALLY ALTERED herein means modifications or changes made to a building or structure which significantly affect its form, function, or character. This includes alterations which:
1. Change the overall footprint or size of the building specific to a commercial use or user;
2. Represent significant modifications of structural elements or load-bearing components;
3. Alter the building’s external appearance, such as facade changes or architectural features which change the appearance from residential in nature to commercial in nature; and
4. All components of commercial signage must be removed.
(b) Determining whether alterations are considered substantial alterations requires a case-by-case evaluation, considering factors such as the scale of changes, their impact on the building’s original design and intended use, impact on surrounding land uses and their significance in relation to applicable zoning and building regulations. The determination of whether alterations are significant, as defined above, shall be made by the City Zoning Official. However, property owners affected by this determination retain the right to appeal, in accordance with procedures outlined in § 159.080.
(c) Owners of single-family residences otherwise qualifying under this section shall also follow single family setbacks as defined in § 159.045(F).
(d) Garages and accessory structures for single-family residences must comply with all rules for the same set forth in § 159.046(G).
(e) Expansion of the single-family dwelling beyond its existing footprint, addition or new accessory structures shall require a special use permit as outlined in § 159.080.
(f) The height and area requirements of § 159.045 shall apply.
(4) Condominiums of two or more units per building;
(5) Mixed commercial and residential uses provided that each commercial space and each residential dwelling within such building or upon such premises is separate and distinct, without direct access to another, and provided further that any portion of the ground floor of any such building fronting a public street is reserved exclusively for commercial use.
(6) Motor vehicle sales and service;
(7) Office use, retail sales and service, entertainment, restaurant and recreation trade. Adult entertainment excluded;
(8) Short-term lodging;
(9) Short-term automobile parking lot and parking ramp, but not including motor vehicle storage lots;
(10) Motor vehicle services and repairs provided all repairs are conducted within a completely enclosed building. All outdoor storage areas must comply with the requirements for a motor vehicle storage yard. No more than seven vehicles awaiting repair may be stored at one time;
(11) Radio or television broadcasting station or studio. Special use permit required for transmission towers, see § 159.049;
(12) Veterinarian animal hospital or kennel. Outdoor runs must be at least 100 feet from a residential district;
(13) Microbreweries and brew pubs;
(14) Publishing, sales promotion, lettering work, electronic or other technical research, electrical and/or light assembly work, office and research use, insurance company home and branch office or other financial institution use, any commercial enterprise employing substantially clerical and technical personnel, coupon clearinghouse, marketing systems, service and research, direct mail service, sales promotion handling and analysis, publishers circular and fulfillment and inquiry card processing;
(15) Mini warehouse;
(16) Hospital and nursing home;
(17) Building material and product sale. Outdoor storage allowed if suitably screened from abutting public streets; and
(18) Accessory building or use customarily incidental to any of the above uses.
(C) Parking and loading requirements. Off-street parking and loading requirements shall be provided in accordance with the requirements for specific uses set forth in § 159.065.
(E) New construction/additions. All new construction/additions shall meet the requirements of § 159.046(O).
(1999 Code, § 165.12) (Ord. 2247, passed 10-9-2001; Ord. 2256, passed 6-25-2002; Ord. 2352, passed 7-24-2007; Ord. 2521, passed 8-11-2015; Ord. 2740, passed 4-23-2024; Ord. 2744, passed 5- 28-2024) Penalty, see § 159.999