(A) Purpose. In addition to the objectives prescribed in § 155.002 of this title, the CS Service Commercial Districts are included in the zoning regulations to achieve the following purposes:
(1) To provide appropriately located areas for retail stores, offices, service establishments, amusement establishments, and wholesale businesses offering commodities and services required by residents of the city and its surrounding market area;
(2) To provide opportunities for retail stores, offices, service establishments, amusement establishments, and wholesale businesses to concentrate for the convenience of the public and in a mutually beneficial relationship to each other;
(3) To provide space for community facilities and institutions that appropriately may be located in commercial areas;
(4) To provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas;
(5) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;
(6) To protect commercial properties from fire, explosion, noxious fumes, and other hazards;
(7) To provide appropriately located areas for commercial uses having features that are incompatible with the purposes of the other commercial districts;
(8) To permit additional development in mixed commercial areas containing both retail stores and commercial services; and
(9) To allow a wider choice of location for certain industrial uses that do not have an adverse impact on commercial services.
(‘63 Code, § 10-5.29130)
(B) Required conditions.
(2) All uses shall comply with the policies established by the land use plan;
(3) No use shall be permitted, and no process, equipment, or material shall be employed which is found by the Planning Commission to be objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity by reason of odor, insect, nuisance, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness, or heavy truck traffic, or to involve any hazard of fire or explosion.
(‘63 Code, § 10-5.29131)
(C) Permitted uses. The following uses shall be permitted:
(1) Accessory uses and structures located on the same site as a permitted use;
(2) Accessory uses and structures located on the same site as conditional use;
(3) Addressograph services;
(4) Administrative, business, and professional offices, except medical and dental offices;
(5) Art and artists’ supply stores;
(6) Art galleries and stores selling objects of art;
(7) Arts and crafts schools and colleges;
(8) Auction rooms;
(9) Auction establishments, including outdoor displays;
(10) Ambulance services;
(11) [Reserved]
(12) [Reserved]
(13) [Reserved]
(14) [Reserved]
(15) [Reserved]
(16) Automobile rental agencies;
(17) Automobile repairing, overhauling, rebuilding, and painting;
(18) Automobile (new car) sales and services, including used car sales incidental to new car sales;
(19) Automobile (used car) sales;
(20) Automobile supply stores;
(21) Automobile upholstery and top shops;
(22) Automobile washing, including the use of mechanical conveyors, blowers, and steam cleaners;
(23) Bail bonds;
(24) Bakeries;
(25) Bakeries, including baking for sale on the premises only;
(26) Banks;
(27) Banquet rooms;
(28) Barber shops and beauty shops;
(29) Bars;
(30) Beverage distributors;
(31) Bicycle shops;
(32) Blacksmith shops not less than 300 feet from an R or OR District;
(33) Blueprint and photostat shops;
(34) Boat sales, services, and repairs;
(35) Book stores and rental libraries;
(36) Bookbinding;
(37) Bottling works;
(38) Bowling alleys;
(39) Building materials’ yards and other than gravel, rock, or cement yards not less than 300 feet from an R or OR District;
(40) Bus depots, provided buses shall not be stored on the site and no repair work or servicing of vehicles shall be conducted on the site;
(41) Business, professional, and trade schools and colleges;
(42) Cabinet shops;
(43) Candy shops;
(44) Carpenter shops;
(45) Carpet and rug cleaning and dyeing;
(46) Catering establishments;
(47) Christmas tree sales lots;
(48) Cigar stores;
(49) Cleaning and dyeing;
(50) Cleaning and dyeing, including the use of one synthetic dry cleaning machine using nonexplosive solvents and having a capacity of not more than 40 pounds per cycle only;
(51) Cleaning, coin-operated;
(52) Clothing and costume rental establishments;
(53) Clothing stores;
(54) Cold storage plants;
(55) Columbariums and crematories not less than 300 feet from an R or OR District;
(56) Contractors’ equipment rental or storage yards not less than 300 feet from an R or OR District;
(57) Dairy products plants;
(58) Dairy products manufacturing for retail sales on the premises only;
(59) Dance halls;
(60) Delicatessen stores;
(61) Department stores;
(62) Diaper supply services;
(63) Drugstores;
(64) Dry goods stores;
(65) Electrical appliance sales and repair stores, provided repair services shall be incidental to retail stores;
(66) Electrical repair shops;
(67) Employment agencies;
(67.1) Emergency shelters pursuant to the requirements and regulations contained in § 156.041 of this chapter.
(68) Feed and fuel stores;
(69) Finance companies;
(70) Florists;
(71) Food lockers;
(72) Food stores and supermarkets;
(73) Freight forwarding terminals;
(74) Frozen food distributors;
(75) Fur shops;
(76) Furniture stores;
(77) Garden shops;
(78) Gift shops;
(79) Glass replacement and repair shops;
(80) Golf driving ranges;
(81) Gunsmiths;
(82) Gymnasiums;
(83) Hardware stores;
(84) Heating and ventilating shops;
(85) Hobby shops;
(86) Hospital equipment;
(87) Hotels and motels;
(88) Household appliance stores;
(89) Household repair shops;
(90) Ice storage houses;
(91) Ice vending stations;
(92) Interior decorating shops;
(93) Janitorial services and supplies;
(94) Jewelry stores;
(95) Laboratories;
(96) Laundry plants;
(97) Laundries, self-service type;
(98) Leather goods and luggage stores;
(99) Linen supply services;
(100) Liquor stores;
(101) Live storage, killing, or dressing of poultry or rabbits for retail sale on premises not less than 300 feet from an R or OR District;
(102) Locksmiths;
(103) Lumberyards, not including planing mills or saw mills, not less than 300 feet from an R or OR District;
(104) Machinery sales and rentals;
(105) Massage and physical culture studios;
(106) Mattress repair shops;
(107) Marine sales, services, and repairs;
(107.1) Medical and dental offices;
(108) Medical and orthopedic appliance stores;
(108.1) Medical cannabis distribution facilities, subject to the provisions of Chapter 158;
(108.2) Medical cannabis testing facilities, where no cultivation, processing, or distribution of medical cannabis occurs, subject to the provisions of Chapter 158;
(108.3) Medical cannabis transportation facilities, co- located with a distribution facility, subject to the provisions of Chapter 158;
(108.4) Medical cannabis transportation facilities, located separate from a distribution facility, subject to the provisions of Chapter 158;
(109) Meeting halls;
(110) Mens’ furnishing stores;
(111) Millinery shops;
(113) Motorcycle sales and services;
(114) Mortuaries;
(115) Motels and hotels;
(116) Music and dance studios;
(117) Music stores;
(118) Musical instrument repair shops;
(119) Newsstands;
(120) Nurseries and garden supply stores;
(121) Nurseries and garden supply stores provided all equipment, supplies, and merchandise other than plants shall be kept within a completely enclosed building, and fertilizer of any type shall be stored and sold in packaged form only;
(122) Office and business machine stores;
(123) Offices and office buildings;
(124) Optician and optometrical shops;
(125) Packing and crating;
(126) Paint, glass, and wallpaper shops;
(127) Parcel delivery services, including garage facilities for trucks but excluding repair shop facilities and repair shop facilities;
(128) Parking facilities, including fee parking facilities improved in conformity with the standards prescribed for required off-street parking facilities in § 155.118 of this title;
(129) Passenger railroad stations;
(130) Pet and bird stores;
(131) Phonograph record stores;
(132) Photographic supply stores and studios;
(133) Pickup truck camper, and canopy assembly, sales, and service;
(134) Picture framing shops;
(135) Plumbing, heating, and ventilating equipment showrooms with storage for floor samples only;
(136) Plumbing shops;
(137) Pool halls;
(138) Post offices;
(139) Prescription pharmacies and dental and optical laboratories;
(140) Pressing establishments;
(141) Printing, including lithographing and engraving;
(142) Printing shops;
(143) Private clubs and lodges;
(144) Public utility and public service pumping stations, power stations, equipment buildings and installations, drainageways and structures, storage tanks, and transmission lines;
(145) Radio and television broadcasting studios; towers and other support structures, commercial satellite dishes, antennas, and equipment buildings necessary for the specific facility are subject to the provisions of Chapter 159;
(146) Realtors and real estate offices;
(147) Refrigeration equipment;
(148) Rental and tools, garden tools, power tools, trailers, and other similar equipment;
(149) Residential uses permitted under permitted uses in RM Districts shall be permitted in a CS District provided the minimum size of such dwelling units shall be not less than as set forth in the Building Code and Housing Code of the city;
(150) Riding stables;
(151) Saving and loan offices;
(152) Safe and vault repairing;
(153) Scientific instrument, shops;
(154) Secondhand stores and pawn shops;
(155) Self-service laundries and self-service drycleaning establishments;
(156) Septic tank and cesspool installation and service;
(157) Service stations, including automobile, truck, and trailer rentals as accessory uses only;
(158) Sheet metal shops;
(159) Shoe repair shops;
(160) Shoe stores;
(161) Shooting galleries within buildings;
(162) Sign painting shops;
(163) Skating rinks;
(164) Skating rinks within buildings;
(165) Small animal boarding not less than 300 feet from an R or OR District;
(166) Sporting goods stores;
(167) Sports arenas within buildings;
(168) Stamp and coin stores;
(169) Stationery stores;
(170) Stenographic services;
(171) Stone and monument yards not less than 300 feet from an R or OR District;
(172) Storage buildings for household goods;
(173) Storage yards for commercial vehicles;
(174) Swimming pool sales and services;
(175) Tailor and dressmaking shops;
(176) Taxidermist;
(177) Taxicab stands;
(178) Telegraph offices; towers and other support structures, commercial satellite dishes, antennas, and equipment buildings necessary for the specific facility are subject to the provisions of Chapter 159;
(179) Television and radio sales and repair stores;
(180) Theaters and auditoriums within buildings;
(181) Ticket agencies;
(182) Tire sales and service, not including retreading and recapping, or mounting of heavy truck tires;
(183) Tire sales and service, including retreading and recapping;
(184) Tool and cutlery sharpening or grinding;
(185) Toy stores;
(186) Travel agencies and bureaus;
(187) Travelers’ aid societies;
(188) Truck and trailer rentals, sales and services;
(189) Truck sales;
(190) Trucking terminals not less than 150 feet from an R or OR District;
(191) Umbrella repair shops;
(192) Variety stores;
(193) Vending machine services;
(194) Veterinarians’ offices and small animal hospitals, including short-term boarding of animals and incidental care, such as bathing and trimming, provided all operations are conducted entirely within a completely enclosed building which complies with the specifications of soundproof construction by the Building Inspector;
(195) Warehouses except for the storage of fuel or flammable liquids;
(196) Watch and clock repair shops;
(197) Welding shops not less than 300 feet from an R or OR District;
(198) Wholesale establishments;
(199) Women’s apparel accessory stores; and
(‘63 Code, § 10-5.29132)
(200) Wireless telecommunication facilities located more than 100 feet from an R District subject to wireless telecommunication facility permit issued pursuant to Chapter 159.
(D) Conditional uses. The following conditional uses shall be permitted upon the granting of a use permit in accord with the provisions of §§ 155.280 through 155.299 of this title:
(1) Accessory uses and structure located on the same site as a conditional use;
(2) Amusement parks;
(3) Automobile and motorcycle racing stadiums and drag strips;
(4) Charitable institutions;
(5) Churches, parsonages, parish houses, monasteries, convents, and other religious institutions;
(6) Circuses, carnivals, and other transient amusement enterprises;
(7) Drive-in theaters;
(8) Kennels not less than 300 feet from an R or OR District;
(9) Light industrial uses permitted in the ML Limited Industrial District;
(9.1) Medical cannabis cultivation facilities, indoor, not more than 5,000 square feet of cultivation area, subject to the provisions of Chapter 158;
(9.2) Medical cannabis dispensing facilities subject to the provisions of Chapter 158;
(9.3) Medical cannabis manufacturing facilities, non- volatile, more than 5,000 square feet of floor area, subject to the provisions of Chapter 158;
(11) Oil and gas pipelines;
(12) Pony riding rings;
(13) Prefabricated structures sales;
(14) Racetracks;
(16) Restaurants and soda fountains, including drive-in establishments;
(17) Riding stables;
(18) Sports areas or stadium;
(19) Storage yards for fuel or flammable liquids;
(20) Veterinarians’ offices and small animal hospitals, including operations not conducted within a completely enclosed building, not less than 300 feet from an R or OD District; and
(‘63 Code, § 10-5.29133)
(21) Wireless telecommunication facilities located within 100 feet of an R District subject to the provisions of Chapter 159.
(1) Medical cannabis manufacturing facilities, non- volatile, 5,000 square feet or less of floor area, subject to the provisions of Chapter 158.
(Ord. 417-C.S., passed 12-6-84; Am. Ord. 526-C.S., passed 6-20-91; Am. Ord. 631-C.S., passed 9-7-99; Am. Ord. 663-C.S., passed 11-19-02; Am. Ord. 757-C.S., passed 10-19-10; Am. Ord. 768-C.S., passed 5-3-11; Am. Ord. 786-C.S., passed 8-21-12; Am. Ord. 842-C.S., passed 7-19-16; Am. Ord. 847-C.S., passed 9-20-16) Penalty, see § 150.999