(A) Permitted uses. The following uses are permitted by right.
(1) Retail uses.
(a) Antique store;
(b) Appliance and appliance repair store;
(c) Arts and crafts store;
(d) Automobile and boat supply stores;
(e) Automobile, truck, and motorcycle sales and adjoined service/repair;
(f) Automobile service station;
(g) Bakeries (retail);
(h) Beauty supply stores;
(i) Bicycle stores;
(j) Boat sales lot;
(k) Book and stationery store, cards, gift wrap and box sales (excluding adult establishments);
(l) Building materials store (with no outdoor storage);
(m) Camera shop;
(n) Camper and recreational vehicle sales;
(o) Catalogue sales store;
(p) Clock shop;
(q) Clothing store/department store;
(r) Computer service store;
(s) Convenience store;
(t) Copy and offset printing shop;
(u) Curtain and drape and other window treatments store;
(v) Delicatessen;
(w) Dressmaking shop;
(x) Drugstore;
(y) Dry cleaning plant;
(z) Dry cleaning stores (pickup and delivery);
(aa) Dry goods shop;
(bb) Electric, plumbing, heating, ventilating and air conditioning supplies and equipment sales and service;
(cc) Electronics sales;
(dd) Farm equipment sales and repair;
(ee) Feed and seed store;
(ff) Florist and gift shop;
(gg) Floor covering, lighting, wallpaper, paint and window covering stores;
(hh) Food catering service;
(ii) Food store, grocery store, supermarket;
(jj) Formal wear sales and rentals;
(kk) Furniture, rugs, and other home furnishings store;
(ll) Furrier;
(mm) Garden center, commercial greenhouses and horticultural nurseries;
(nn) Hardware store (no outdoor storage);
(oo) Hobby shop;
(pp) Home improvements store (no outdoor storage);
(qq) Household goods shop;
(rr) Jewelry and jewelry shop;
(ss) Key shop;
(tt) Linen shop;
(uu) Publicly operated alcohol beverage central (ABC) store;
(vv) Luggage and leather goods store;
(ww) Medical supply sales and retail;
(xx) Manufactured home sales and service;
(yy) Music, record, instruments, and sound and hi-fidelity store (sales and service);
(zz) Notion and fabric shop;
(aaa) Office supplies, stationary and office equipment shop;
(bbb) Pawn shop;
(ccc) Pet store;
(ddd) Postal store;
(eee) Restaurant;
(fff) Restaurant, fast-food;
(ggg) Second-hand shop;
(hhh) Shoe store;
(iii) Shoe repair shop;
(jjj) Smoke shop with the following prescribed standards:
1. Shall not be located within 500 feet of any K-12 public school or licensed childcare facility;
2. Shall not be located within 1,000 feet of any other smoke shop;
3. Separation is required to prevent overconcentration, which is defined as three or more of these uses existing within a 1,000-foot radius of the business. Required separation distance shall be measured as a radius from the front door of one business to the front door of the surrounding business located within or outside the city's corporate limits; and
4. Must meet all sign regulations in the UDO including but not limited to: (a) flashing signs or any signs with flashing or intermittent light or lights or reflective devices of changing degree of intensity or color are prohibited; or (b) a maximum of 10% of the wall area of any wall on the building.
(kkk) Sporting goods and trophy shop;
(lll) Tailor and alteration shop;
(mmm) Toy stores;
(nnn) Upholstery, cabinet and woodworking shop;
(ooo) Variety and department store;
(ppp) Video rental and sales shop (excluding adult establishments); and
(qqq) Shopping centers, Class A and B.
(2) Services.
(a) Art and photography studio (excluding adult establishments);
(b) Animal hospitals;
(c) Auction houses, indoors only (excluding livestock auctions);
(d) Assembly hall, coliseum, ballroom and the like;
(e) Automobile body shop;
(f) Automobile garage, repair and service;
(g) Automobile parking lot;
(h) Automobile wash establishment (self-service, full service or automatic);
(i) Bait and tackle shops;
(j) Banks;
(k) Barber shop;
(l) Beauty shop;
(m) Bowling alley, indoor skating rink and baseball batting range;
(n) Broadcast studios but not transmission towers (see essential services Class III);
(o) Churches;
(p) Publicly operated and/or commercial schools, providing training in any of the arts, sciences, trades or professions;
(q) Community centers;
(r) Day care centers;
(s) Electric, plumbing, heating and air conditioning services and contractors and building contractors with outdoor storage of materials;
(t) Essential services, Classes I and II;
(u) Exterminator service;
(v) Film processing service;
(w) Finance company;
(x) Financial institutions;
(y) Private for profit fitness and tanning center and public or nonprofit sports, fitness and related recreation and education facilities (e.g., YMCA, YWCA, Boys and Girls Clubs);
(z) Fraternal and civic clubs (excluding adult establishments);
(aa) Funeral home;
(bb) Golf courses (all types and miniature and/or driving range);
(cc) Government facilities (excluding jails, prisons and similar penal institutions);
(dd) Hotel, inn or motel;
(ee) Interior decorator shop;
(ff) Laundromat;
(gg) Library;
(hh) Locksmith;
(ii) Medical clinics;
(jj) Mini-warehouse;
(kk) Motel;
(ll) Museums;
(mm) Newspaper printing and other publishing;
(nn) Offices-business, professional and medical and public;
(oo) Opticians and optical services;
(pp) Pawn shops;
(qq) Photo processing center;
(rr) Photocopying and offset printing services;
(ss) Post office;
(tt) Public safety station;
(uu) Recording studios;
(vv) Recycling depository;
(ww) Rental centers (party, medical, personal, furnishings and household items; tools and mechanized equipment; and construction and cleaning equipment, trucks, vans and moving equipment, autos and related vehicles);
(xx) Sign shop/sign painting;
(yy) Skating rink; indoor/outdoor; and
(zz) Theaters, auditoriums and cultural arts facilities for the exhibition, education, and performance of cultural arts (excluding adult establishments).
(1) Retail uses.
(a) Express fuel/mini-mart provided the site is located a minimum of 100 feet from any residential use, vehicular access is not provided by a local residential road and the use is screened from any abutting property located in a residential district in accordance with § 153.046;
(b) Shopping centers, Class C provided the site is located a minimum of 100 feet from any residential use, vehicular access is not provided by a local residential road and the use is screened from any abutting property located in a residential district in accordance with § 153.046;
(2) Service uses.
(a) Office buildings containing over 50,000 square feet of gross floor area provided that primary vehicular access is not provided by a local residential road and the use is screened from any abutting property located in a residential district in accordance with § 153.046;
(b) Machining of metals shop (machine shop) not exceeding 10,000 square feet of gross floor area with no outdoor storage and with all activities conducted indoors, provided that primary vehicular access is not provided by a local residential road and the use is screened from any abutting property located in a residential district in accordance with § 153.046;
(c) Postal and parcel service processing facility provided that primary vehicular access is not provided by a local residential road and the use is screened from any abutting property located in a residential district in accordance with § 153.046;
(d) Tavern provided the site is located a minimum of 100 feet from any residential use, vehicular access is not provided by a local residential road and the use is screened from any abutting property located in a residential district in accordance with § 153.046.
(3) Other. Accessory apartments in commercial structures provided all building and fire codes are met, living quarters do not exceed 30% of the total square footage of the structure and occupancy is limited to employees of the business located in the commercial structure on the premises.
(C) Yard requirements.
(1) Minimum lot size: none.
(2) Minimum lot width: 70 feet (as measured at the required front setback).
(3) Minimum front setback: 40 feet (as measured from the edge of the street right-of-way line).
(4) Minimum side setback: ten feet, except 20 feet shall be required on all corner lots and lots whose side yard abuts any Residential (R) District.
(5) Minimum rear setback: 20 feet, except 30 feet shall be required on all lots whose rear yard abuts any Residential (R) District.
(6) Maximum building height: 50 feet, except as permitted in § 153.054 of this chapter.
(D) Screening and landscaping.
(2) Where applicable, landscaping shall be provided in accordance with § 153.047of this chapter.
(Prior UDO, § 7.10) (Ord. ZTA-2-2011, passed 7-11-2011; Ord. ZTA-4-2016, passed 7-7-2016; Ord. passed - - ; Ord. O-1-2024, passed 1-4-2024) Penalty, see § 153.999
Editor’s note:
Any retail use in excess of 85,000 square feet is subject to § 153.129.