(A) Purpose. The purpose of the C-5 Conditional Commercial District is to provide for business, commercial and retail uses that are conveniently accessed by major arterial traffic.
(1) Development will be allowed only as a conditional use to:
(a) Ease land use transition;
(b) Control development so that it is compatible with the surrounding property; and
(c) Establish dimensional requirements on an individual basis.
(2) Those uses which substantially interfere with the overall function of the area will be excluded.
(3) Development shall also meet standards for lighting, landscaping and pedestrian access.
(B) Permitted uses.
(1) There are no permitted principal uses in the C-5 District.
(2) (a) Any accessory use, building or structure customarily incidental to a permitted conditional use listed below, and located on the same lot therewith not to exceed 320 square feet;
(C) Conditional uses. Buildings or land may be used for the following if granted a conditional use permit:
(1) Trade and services: any retail store, personal service or business service establishments, subject to all regulations and permits and licenses as may be required by law, including the following and other similar uses;
(2) Business and professional offices;
(3) Candy and ice cream shops;
(4) Cultural establishments: museums, galleries and the like;
(5) Convenience goods stores; including gasoline pumps, subject to a maximum of 4,000 square feet of enclosed sales area;
(6) Freestanding and attached car washes;
(7) Hotels and motels;
(8) Motor fuel and service stations, excluding major repair operation. See App. B to this chapter for the off-street parking schedule;
(9) Restaurants, including convenience food;
(10) Retail sales;
(11) Theaters;
(12) Variety, gift, notion, antique and soft goods stores;
(13) Brew pubs;
(14) Tap rooms; and
(15) Micro-distillery cocktail rooms.
(D) Accessory uses.
(1) Any accessory use, building or structure customarily incidental to a permitted conditional use listed above, and located on the same lot as the conditionally permitted principal use;
(E) Recommended dimensional guidelines; C-5 District. Subject to Building Code requirements.
(1) Setbacks.
Item Set Back From | Principal Building Setback | Accessory Building Setback | Parking Lot or Circulation Drive |
Interior lot line | 20 feet | 6 feet | 10 feet |
Residential zoning boundary | 50 feet | 50 feet | 20 feet |
Street right-of-way | 30 feet | 30 feet | 10 feet |
(2) Review. Everything should have a conditional use. The development will be reviewed by the Planning Commission, and all conditional uses will require a site plan.
(3) Maximum building height.
(a) Principal structure: 40 feet; and
(b) Accessory structure: 25 feet.
(F) Building design and construction. Any building or structure within the C-5 District shall be designed to promote the use and enjoyment of adjacent properties and be architecturally harmonious with the adjacent properties. Building designs shall be approved by the city’s Planning Commission at the time a conditional use permit is approved.
(G) Outdoor storage. Outdoor storage shall be prohibited in the C-5 District.
(H) Landscaping and lighting. All designs for landscaping and lighting are subject to review by the Planning Commission and City Council as part of the required site plan.
(1) All exposed ground areas surrounding or within a principal or accessory use, including street boulevards, which are not devoted to drives, sidewalks, patios or other such uses shall be landscaped. All landscaped areas shall be kept neat, clean and uncluttered. No landscaped area shall be used for parking of vehicles.
(2) Landscaping shall include:
(a) Landscaped area encompassing a minimum of 15% and a recommended 20% of lot area;
(b) Tree planting at the rate of at least one tree per 800 square feet of landscaping area;
(c) A combination of berming and tree planting; and
(d) Berming with low ground cover (slopes shall be no greater than one foot in elevation per three horizontal feet).
(3) The minimum size of a planted tree shall be two inches caliper for deciduous trees and six feet in height for coniferous trees.
(4) Lighting shall not be directed upon the public right-of-way and nearby or adjacent properties. Illumination must be indirect or diffused. Lighting standards shall be compatible with the style of the existing street lights and the surrounding area (TH7 and 22).
(I) Sidewalks. All site plans for conditional uses shall include sidewalks five feet in width which shall run the length of the street frontage of the lot within the street boulevard. All sidewalks shall be a minimum of four inches thick concrete over a minimum of six inches of Class 5 gravel. Sidewalks shall be a minimum of eight inches thick at driveways. All other city construction requirements shall be followed.
(1) Site plan review;
(2) Access, parking and loading;
(3) Fences;
(4) Signs;
(5) Pollution; and
(6) Pole buildings.
(2004 Code, § 154.065) (Ord. 96-168, passed 6-10-1996; Ord. 14-0733, passed 9-9-2014; Ord. 16-750, passed 2-9-2016; Ord. 16-751, passed 2-9-2016) Penalty, see § 154.999