(A) C-1; Commercial Overlay District. The C-1, Commercial Overlay District, as herein established, is designed to encourage the development of a commercial uses within a mixed-use corridor environment which meet the convenience shopping and service needs of local residents as well as the needs of "passer-by" vehicular traffic. Such commercial uses shall be developed in a manner which maintains the traditional character of the M-19 corridor while ensuring compatibility with established residential uses and surrounding residential areas.
(1) Nonconforming uses. Nonconforming use of a lawfully occupied building or land at the effective date of the plan or amendments thereto, in the Commercial Overlay Zoning District that do not conform to the use regulations of the district in which located are considered R1-A uses permitted in the city ordinance district codes: R1-A and C-1. In addition to the uses permitted herein, all nonconforming uses and structures located in the C-1 Commercial Overlay District that existed prior to adoption of an ordinance which made them nonconforming are permitted only to the extent nonconformity is allowed under this chapter, including, as allowed pursuant to § 150.003. Nothing herein shall be construed to allow for the expansion of any nonconforming use or structure or to allow an abandoned nonconforming use or structure to be reestablished.
(B) Applicability. As an overlay district, the C-1, Commercial Overlay District does not replace or restrict the range of uses allowed in the underlying use district classification for the property, but provides additional development options and standards which must be met for any commercial uses on the property. All commercial development within this overlay district shall comply with the regulations of this § 150.055.
(C) Boundaries. The C-1, Commercial Overlay District boundaries shall be as established on the Official Zoning Map. C-1, Commercial Overlay District boundaries may be established or amended according to the amendment procedures of § 150.032.
(D) Principal uses permitted. In the C-1, Commercial Overlay District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this section:
(1) Generally recognized retail businesses which supply commodities on the premises, such as but not limited to, groceries, meats, dairy products, baked goods or other foods, drugs, dry goods, clothing and notions or hardware;
(2) Personal service establishments which perform services on the premises, such as, but not limited to, repair shops (watches, radio, television, shoe and the like), tailor shops, beauty parlors or barber shops and self-service laundries and dry cleaners;
(3) Office-type business related to executive, administrative or professional occupations including medical, veterinary and dental facilities, financial institutions, public utility buildings (not including storage yards) and government buildings;
(4) Private clubs, lodge halls, rental halls with or without catering facilities;
(5) Funeral homes;
(6) Commercial recreation facilities such as a health club, bowling alley, billiard hall, indoor archery range, indoor tennis court, indoor skating rink and the like;
(7) Plant material nurseries and other open-air business uses other than motor vehicle and heavy equipment dealers;
(8) Office-workshop for a general contractor, electrician, plumber, decorator, upholster, printer or home appliance repair;
(9) Business schools or private schools operated for profit. Examples of private schools permitted herein include, but are not limited to, the following:
(a) Dance schools;
(b) Music and voice schools; and
(c) Art studios;
(10) Bed and breakfasts in accordance with the requirements of § 150.057(C)(3);
(11) Other uses similar to the above uses; and
(12) Accessory structures and uses customarily incidental to the above permitted uses.
(E) Principal uses permitted subject to special conditions. The following uses shall be permitted by the Planning Commission, subject to the conditions herein imposed for each use.
(1) Automobile maintenance facilities providing tires (but not recapping), batteries, mufflers, undercoating, auto glass, reupholstering, wheel balancing, shock absorbers, wheel alignments, and minor motor tune-ups only such as oil changes, subject to the following provisions.
(a) One hundred and forty feet of street frontage on the lot proposed for the automobile maintenance facility shall be provided on the principal street serving the facility. The lot shall contain not less than 20,000 square feet of lot area.
(b) All buildings shall be set back not less than 40 feet from all street right-of-way lines.
(c) Access drives shall be no less than 25 feet from a street intersection (measured from the road right-of-way) or from an adjacent residential zoning district or residential use.
(d) Tow trucks (wreckers) and vehicles under repair shall not be stored in the front yard.
(e) The parking of vehicles on site shall be limited to those to be serviced within a 72-hour period.
(2) Automobile service stations shall be subject to the following provisions.
(a) One hundred and forty feet of street frontage on the lot proposed for the auto service station shall be provided on the principal street serving the station. The lot shall contain not less than 20,000 square feet of lot area.
(b) All buildings shall be set back not less than 40 feet from all street right-of-way lines.
(c) Gasoline pumps, air and water hose stands and other appurtenances (with the exception of canopies in division (d) below) shall be set back not less than 25 feet from all street right-of-way lines.
(d) Canopies, for the sheltering of customers while filling their vehicles, shall be set back no less than 15 feet from the street right-of-way lines.
(e) Access drives shall be no less than 25 feet from a street intersection (measured from the road right-of-way) or from an adjacent residential zoning district or residential use.
(f) All rest rooms shall be accessible from the interior of the gasoline service station.
(g) Tow trucks (wreckers) and vehicles under repair shall not be stored in the front yard.
(h) The parking of vehicles on site shall be limited to those to be serviced within a 72-hour period.
(3) Standard, fast food or drive-in restaurants shall be subject to the following provisions.
(a) Vehicular access points shall be located at least 60 feet from the intersection of any two streets.
(b) A minimum of ten automobile stacking spaces shall be provided for any drive-through service window.
(c) Outdoor dining is permissible upon approval from the Planning Commission. To request approval for outdoor dining, an applicant must submit a site plan depicting: existing uses, existing and proposed structures, the location of the proposed outdoor dining area, the location of proposed furniture or structures, walkways, driveways, roadways and parking. The Planning Commission shall review the site plan, as well as any other information it deems necessary, and grant/or deny a request for outdoor dining if it determines the following conditions have been satisfied and, if approved, operation of outdoor dining is conditioned upon the following being maintained:
1. A minimum, unobstructed width of five feet must be permanently maintained for public pedestrian passage on all sidewalk space. Furnishings shall not be placed in a manner that obstructs access to this pedestrian passage.
2. No items shall block visibility for required street signs, crosswalks, and intersections.
3. Movable racks and furniture will be adequately secured, so that they do not roll or are easily tipped over.
4. All building exits and exit pathways must be kept clear.
5. All electrical outside must utilize heavy duty extension cords plugged into GFCI receptacles. Cords cannot be in an area subject to damage or creating a trip hazard. Cords cannot be hung overhead by themselves unless supported by other means (e.g. attached to a cable).
6. Businesses are responsible for cleaning and maintaining public spaces they use.
7. All exterior lighting shall not interfere with adjacent properties or street.
8. Noise produced from the outdoor eating area shall not interfere with adjacent properties in any way.
(4) Mini-warehouses (self-storage facilities) shall be subject to the following provisions.
(a) The minimum lot size shall not be less than one acre.
(b) Internal driveway aisles shall be a minimum of 24 feet in width.
(c) Separation between self-storage buildings on the same site shall be 15 feet, as measured from side-to-side or front to rear, or equal to the building height, whichever is greater.
(d) No single storage building shall exceed 5,000 square feet.
(e) Onsite resident manager dwelling unit shall be permitted.
(5) Hotels and motels shall be subject to the following provisions.
(a) One hundred and forty feet of street frontage on the lot proposed for the hotel or motel shall be provided on the principal street serving the facility. The lot shall contain not less than 20,000 square feet of lot area.
(b) All buildings shall be set back not less than 40 feet from all street right-of-way lines.
(6) Motor vehicle or heavy equipment dealers with outdoor sales space and/or repair facilities for the sale of new or secondhand automobiles, travel trailers, recreational vehicles, including off-road vehicles or rental trailers shall be subject to the following provisions.
(a) The surface of the display area shall be provided with a permanent, durable and dustless surface and shall be graded and drained as to dispose of all storm water accumulated within the area.
(b) Any servicing of vehicles including major motor repair and refinishing shall be subject to the following.
1. Any such activities shall be clearly incidental to the sale of said vehicles and shall occur within a completely enclosed building.
2. Partially dismantled and/or damaged vehicles shall be stored within an enclosed building.
3. New, used and/or discarded parts and supplies shall he stored within a completely enclosed building.
4. Any such activity shall be located not less than 50 feet from any property line.
(7) Vehicle wash establishments shall be subject to the following provisions:
(a) Minimum of four stacking spaces shall be provided for individual wash stations at self-service facilities. At automatic facilities, a minimum of ten stacking spaces for the wash entrance;
(b) All water run-off from vehicles exiting the facility shall be collected and contained on site; and
(8) Accessory buildings and uses customarily incidental to any of the above permitted uses.
(F) Required conditions. The following conditions shall apply to all uses established in the C-1, Commercial Overlay District.
(1) Maximum gross floor area of any individual business shall not exceed 5,000 square feet and the maximum gross floor area of a planned shopping center shall not exceed 10,000 square feet;
(2) Except in the case of a bed and breakfast, business hours shall be restricted to 6:30 a.m. to 11:00 p.m. A use requesting to conduct business outside of this time period may be approved by the City Council, upon recommendation from the Planning Commission, based upon a determination that the use will be compatible with established residential uses and surrounding residential areas.
(3) Merchandise may be displayed or stored only within enclosed buildings. The Planning Commission may modify this requirement to permit, during business hours, limited displays immediately adjacent to the building, upon finding the display is customarily found in connection with the nature of the operation or use. The Planning Commission should further find that pedestrian circulation is not impeded along the sidewalk. In no case shall such an outdoor display area occupy more than 40% of the sidewalk measured from the building's face to the curbline of the street;
(4) When the use abuts a residential use or district, a six-foot high screening wall shall be provided or a chain fink type fence with a greenbelt so as to obscure all view from the abutting residential property. The Planning Commission shall have discretion to approve the design, materials and appearance of the screening wall;
(5) The warehousing or indoor storage of goods and materials, beyond that normally incidental to the above permitted uses, shall be prohibited; and
(6) All exterior lighting shall be shielded lighting.
(G) Area and bulk requirements. See § 150.059, limiting the height and bulk of buildings, the minimum size of the lots by permitted land use and providing minimum yard setback requirements.
(Ord. 143, passed 3-7-2000; Ord. 180, passed 4-21-2009; Ord. 197, passed 12-15-2015; Ord. 214, passed 5-3-2022; Ord. 221, passed 11-7-2023) Penalty, see § 150.999