(A) Purpose.
(1) The purpose of the COM Highway Commercial Business District is to provide for and limit the establishment of motor vehicle-oriented or dependent high-intensity commercial and service activities and acceptable quasi-industrial and wholesale enterprises that do not need an industrial setting but which have considerable customer contact.
(2) Permitted uses take advantage of direct access to major highways, frontage roads, or streets intersecting a highway in a manner other businesses are not afforded.
(Prior Code, § 508.010)
(B) Permitted uses. The following are permitted uses in the COM Highway Commercial Business District:
(1) All permitted uses in the CBD;
(2) Antique stores;
(3) Apparel or clothing store;
(4) Auto accessory;
(5) Barber shops and beauty parlors;
(6) Bowling alleys;
(7) Clinics, medical and dental;
(8) Commercial recreational uses;
(9) Convenience stores, without motor fuel facilities;
(10) Dance halls;
(11) Department store;
(12) Essential services;
(13) Florists;
(14) Funeral homes and mortuaries;
(15) Gift shops;
(16) Governmental (including fire and police stations) and public related utility buildings and structures;
(17) Grain elevators;
(18) Greenhouses, nurseries, and garden stores;
(19) Hospitals and medical buildings;
(20) Lumber yard, construction material sales, garden and landscaping sales, and services (including produce);
(21) Major automotive repair;
(22) Motel;
(23) Motor vehicle, farm implement and recreation equipment sales, uses, structures, and outdoor sales and storage accessory thereto;
(24) Office or professional building;
(25) Off-sale liquor establishment;
(26) On-sale liquor establishment;
(27) Private clubs or lodges serving food and beverages;
(28) Restaurants, not of the drive-in, convenience or drive-through type;
(29) Video store;
(30) Wholesale businesses;
(31) Wholesale or warehouse operations;
(32) Mini-storage;
(33) Uses determined by Planning Commission to be similar to those listed in this division (B); and
(34) Public or semi-public recreational buildings and neighborhood or community centers; public or private educational institutes limited to elementary, junior high, and senior high; religious institutions such as churches, chapels, temples, and synagogues; provided, that:
(a) Side yards shall be doubled that required for this district; and
(b) No building shall be located within 30 feet of any lot line of an abutting lot in the R District.
(Prior Code, § 508.020)
(C) Accessory uses. The following are permitted accessory uses in the COM Highway Commercial Business District:
(1) Any incidental repair, processing, and storage necessary to conduct a principal use;
(2) Fences;
(3) Landscaping; and
(Prior Code, § 508.030)
(D) Conditional uses. The following are conditional uses in the COM Highway Commercial Business District (requires a conditional use permit based upon procedures set forth in and regulated by § 150.169(A)):
(2) Drive-in and convenience food establishments; provided, that:
(a) When abutting a residential use in a residential use district, the property is adequately screened and landscaped;
(b) Parking areas shall be screened from the view of abutting residential districts;
(c) Vehicular access points shall be limited, shall create minimal conflict with through traffic movements, shall comply with all appropriate sections of this chapter as may be amended;
(d) Provisions are made to control and reduce noise;
(e) The entire site other than that taken up by a building, structure, or plantings shall be surfaced so as to control dust;
(f) The entire area shall have a drainage system;
(g) An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles; and
(h) Parking, lighting, signage, and the like are in compliance with appropriate sections of this chapter as may be amended.
(3) Commercial car washes (drive through, self-service and mechanical); provided, that:
(a) When abutting a residential use in a residential use district, the property is adequately screened and landscaped;
(b) Parking areas shall be screened from the view of abutting residential districts;
(c) Vehicular access points shall be limited, shall create minimal conflict with through traffic movements, and shall comply with all appropriate sections of this chapter as may be amended;
(d) The entire site other than that taken up by a building, structure, or plantings shall be surfaced so as to control dust subject to the approval of the City Engineer;
(e) The entire area shall have a drainage system subject to the approval of the City Engineer;
(f) Provisions are made to control and reduce noise; and
(g) Parking, lighting, signage, and the like are in compliance with appropriate sections of this chapter as may be amended.
(4) Motor vehicle and truck fuel sales, auto repair, and service; provided, that:
(a) Motor fuel facilities are installed in accordance with state and city standards;
(b) Adequate space shall be provided to access gas pumps and allow maneuverability around the pumps; underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations minimize conflict with circulation, access, and other activities on the site;
(c) A protective canopy located over the pump island(s) may be an accessory structure on the property, however, adequate visibility both on and off site shall be maintained;
(d) An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles;
(e) When abutting a residential use in a residential use district, the property is adequately screened and landscaped;
(f) Parking areas shall be screened from the view of abutting residential districts;
(g) Vehicular access points shall be limited, shall create minimal conflict with through traffic movements, and shall comply with all appropriate sections of this chapter as may be amended;
(h) Provisions are made to control and reduce noise;
(i) The entire site other than that taken up by a building, structure, or plantings shall be surfaced so as to control dust;
(j) The entire area shall have a drainage system; and
(k) Parking, lighting, signage, and the like are in compliance with appropriate sections of this chapter as may be amended.
(5) Convenience store with gasoline; provided, that:
(a) The sale of food items is in compliance with state and county standards and subject to the approval of a Health Inspector who shall provide specific written sanitary requirements for each proposed sale location;
(b) Motor fuel facilities are installed in accordance with state and city standards;
(c) Adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations minimize conflict with circulation, access, and other activities on the site;
(d) A protective canopy located over the pump island(s) may be an accessory structure on the property, however, adequate visibility both on and off site shall be maintained;
(e) An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles;
(f) When abutting a residential use in a residential use district, the property is adequately screened and landscaped;
(g) Parking areas shall be screened from the view of abutting residential districts;
(h) Vehicular access points shall be limited, shall create minimal conflict with through traffic movements, and shall comply with all appropriate sections of this chapter as may be amended, and shall be subject to the approval of the City Engineer;
(i) Provisions are made to control and reduce noise;
(j) The entire site other than that taken up by a building, structure, or plantings shall be surfaced so as to control dust;
(k) The entire area shall have a drainage system; and
(l) Parking, lighting, signage, and the like are in compliance with appropriate sections of this chapter as may be amended.
(6) Open or outdoor service, sale, and rental other than those specified as a permitted use in this district; provided, that:
(a) When abutting a residential use in a residential use district, the property is adequately screened and landscaped;
(b) The use does not take up parking space as required for conformity to this chapter;
(c) The entire site other than that taken up by a building, structure, or plantings shall be surfaced so as to control dust; and
(d) Parking, lighting, signage, and the like are in compliance with appropriate sections of this chapter as may be amended.
(7) Multi-tenant commercial structures or strip malls;
(8) Off-site advertising signs; and
(9) Industrial uses.
(Prior Code, § 508.040)
(E) Performance standards.
(1) Minimum lot size. Ten thousand square feet;
(2) Minimum lot width. One hundred feet at building setback;
(3) Setbacks (measured from lot lines).
(a) Front yard. Thirty feet;
(b) Side yard. Twenty feet, unless abutting a residential district; and
(c) Rear yard. Twenty feet, unless abutting a residential district, then 35 feet.
(4) Maximum building height. Forty-five feet or three stories;
(5) Maximum site coverage. No structure or combination of structures shall occupy more than 50% of the lot area; and
(6) Additional requirements. Additional requirements, including, but not limited to, parking, surface water management, signs, planned unit developments, and sewage disposal as regulated by appropriate sections of this chapter, as may be amended.
(Prior Code, § 508.050)
(Ord. passed 10-8-2003; Ord. passed 12-7-2005) Penalty, see § 10.99