§ 154.047  “C-N-1” NEIGHBORHOOD SHOPPING DISTRICT.
   (A)   General description.
      (1)   This district is intended for the conduct of retail trade and personal services to meet the needs of the residents of the adjacent neighborhoods. Because these shops and stores may be an integral part of the neighborhood and in close proximity to housing, the requirements for light, air, open space and signs are more strict than the community commercial districts.
      (2)   This is a new zoning district effective 5-12-2003.
   (B)   Permitted uses. All activity shall take place within an enclosed building, except as permitted in this chapter. Property and buildings shall be used only for the following purposes:
      (1)   Store or shop for retail or discount sales, subject to limitations listed below for specific uses;
      (2)   Retail and service stores and facilities subject to limitations listed below for specific uses;
      (3)   Limited outside display and sales activities: only in accordance with the following guidelines:
         (a)   Gasoline sales at an automobile service station or a retail business such as a convenience store; and
         (b)   Special sales merchandise may be temporarily displayed outdoors; provided:
            1.   The display shall be limited to the sidewalk in front of the store;
            2.   No required parking lot area shall be used as a display or sales area; and
            3.   No public sidewalk or street right-of-way shall be used for display, except for a special community merchant promotion approved by the City Council;
      (4)   Automotive-related facilities, including the following:
         (a)   Automobile service station or fuel pumps located with a retail business; and
         (b)   New parts store, sales only.
      (5)   Sales and service facilities including, but not limited to, the following:
         (a)   Bicycle shop;
         (b)   Household appliance store;
         (c)   Shoe repair shop;
         (d)   Lock or security system shop;
         (e)   Radio, television and home electronics shop;
         (f)   Bakery (seven employees or less); and
         (g)   Laundry or dry cleaner, including self service.
      (6)   Eating, drinking and recreation establishments, subject to the following types permitted:
         (a)   Drive-in for food, non-alcoholic drinks or confection;
         (b)   Restaurant, café or banquet hall, including the dispensing of beverages composed in whole or in part of alcoholic beverages for consumption on the premises;
         (c)   Catering facilities;
         (d)   Billiard parlor, pool hall or domino parlor;
         (e)   Theater; and
         (f)   Use restrictions:
            1.   No uses listed above offering for sale or dispensing alcoholic beverages shall be located within 300 feet of any school, church, youth center, playground or hospital. The measurement of such distance shall be in a straight line from the nearest property line of the protected use to:
            2.   The nearest property line of such conditional use (single use, freestanding building or structure); and
            3.   The closest exterior wall of the space occupied by the conditional use (multiple occupancy building or structure).
      (7)   Veterinary clinic/hospital; provided, there are no outside runs;
      (8)   Recreational uses, including, but not limited to, bowling alley, skating rink, tennis court, gymnasium, health club facility, video game arcade;
      (9)   Hotel or motel;
      (10)   Funeral home;
      (11)   Office building and related professional, administrative, corporate, financial and service office uses;
      (12)   Municipal buildings and facilities owned by the city or other public entity, including, but not limited to, City Hall, police and fire stations, library, public recreation, auditorium, community or neighborhood center, water wells, lift stations or open space;
      (13)   Any of the following educational or cultural uses:
         (a)   Art gallery;
         (b)   Assembly hall for non-profit corporation;
         (c)   Business college or school for vocational training, without dormitory facilities;
         (d)   Library;
         (e)   Museum;
         (f)   School for instruction in dance or music;
         (g)   Public or private school; and
         (h)   Theater for motion pictures or stage performances.
      (14)   Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings;
      (15)   Day care center;
      (16)   Off-street parking lot: subject to the requirements set forth in this chapter and all other applicable city regulations;
      (17)   Accessory buildings, structures, and uses customarily incidental to the uses listed in this section when located on the same lot;
      (18)   Property owners’ association green space, meeting or recreation facility;
      (19)   Carports. Permitted in the rear yard subject to existing easement;
      (20)   Accessory and non-accessory signs: subject to city sign regulations;
      (21)   Accessory storage units for merchandise providing completely enclosed storage; and
      (22)   Specified communications towers and antennas subject to the regulations in this chapter and all other governmental requirements.
   (C)   Conditional uses. None authorized.
   (D)   Uses subject to review. The following uses may be permitted on review in accordance with the application and public hearing requirements set forth in § 154.090 of this chapter:
      (1)   Retail sales business requiring outside parking of more than two sales, rental, service or delivery vehicles on-site;
      (2)   Any permanent outside display area or activity for a retail or discount store which can be seen from a public street or adjacent property, such as a plant nursery; a storage area for automobiles, trucks, motorcycles, boats, trailers or any other mechanical equipment is prohibited;
      (3)   Plant nursery or garden center with outside sales area;
      (4)   Eating or drinking establishments, as follows:
         (a)    Restaurant, café or banquet hall, including the dispensing of beverages composed in whole or in part of alcoholic beverages for consumption on the premises; and
         (b)   Use restrictions: no uses listed above shall be located within 300 feet of any school, church, youth center or playground, hospital or community or city property. The measurement of such distance shall be in a straight line from the nearest property line of the protected use to:
            1.   The nearest property line of such use (single use, freestanding building or structure); and
            2.   The closest exterior wall of the space occupied by such use (multiple occupancy building or structure).
      (5)   Automobile wash and self-service automobile wash facility;
      (6)   Single-family dwellings, two- to four- family dwellings and townhouses or apartments, when planned and developed as a part of a combined business-residential complex and submitted as a unit;
      (7)   Hospital;
      (8)   Travel trailer park;
      (9)   Perimeter wall or fence which exceeds the height permitted by city regulations;
      (10)   See also §§ 154.090 through 154.103 of this chapter for additional special permit uses; and
      (11)   Residential use when associated with and maintained primarily for the benefit and use of operators and families of the uses permitted in this district.
   (E)   Development regulations.
      (1)   General: all uses and structures permitted in this district are subject to the following standards. Building setback and coverage require- ments should conform to all platted setback and building lines, if greater than this code. They shall, however, comply with the following and all other requirements of this chapter; provided that, in no case shall a main or accessory building be located over a public or private street or utility easement.
      (2)   Access: all properties shall have direct access to a public or private street, the description of which has been presented to the city in the form of a subdivision plat, warranty deed, easement or joint use agreement for activities developed within a business complex.
      (3)   Front yard setback:
         (a)   State highways: 25 feet from the front property line, or 90 feet from the centerline of an abutting highway, whichever is greater;
         (b)   Section line road: 25 feet from the front property line, or 75 feet from the centerline of an abutting section line road, whichever is greater; and
         (c)   Other streets: 25 feet from the front property line, or 50 feet from the centerline of an abutting street, whichever is greater.
      (4)   Side yard setback: five feet; provided:
         (a)   A building developed for multiple ownerships with common walls shall be subject to side yard requirements only on the exterior property lines of the building parcel;
         (b)   Where a building is located on a corner lot:
            1.   The side yard setback for the property line abutting a state highway: 25 feet or 90 feet from the centerline, whichever is greater;
            2.   The side yard setback for the property line abutting an arterial street: 25 feet or 75 feet from the centerline, whichever is greater;
            3.   The side yard setback for the property line abutting a minor street: 15 feet or 40 feet from centerline, whichever is greater;
         (c)   Where the side yard abuts a residential zoning district, no building shall be located closer than 15 feet to the side lot line; and
         (d)   In suburban or rural areas where there is no fire hydrant within 700 feet of a building there shall be a side yard setback of 25 feet.
      (5)   Rear yard setback:
         (a)   Main building: 25 feet from the rear property line, or 90 feet from the centerline of a highway, or 75 feet from the centerline of a section line road, whichever is greatest;
         (b)   Where the rear yard abuts an office, retail, or industrial district: ten feet;
         (c)   Where the rear yard abuts an agricultural or residential district: 20 feet; and
         (d)   In suburban or rural areas where there is no fire hydrant within 700 feet of a building there shall be a side yard setback of 25 feet.
      (6)   Minimum lot size, net: 7,000 square feet for a building site. Once constructed, a building may be divided into two or more ownerships or tenancies occupying less than 7,000 square feet in area.
      (7)   (a)   Maximum building height: 35 feet.
         (b)   Additional height may be granted as a “use permitted on review” subject to the following considerations:
            1.   Structures shall be sprinkled throughout including storage and attic spaces;
            2.   All structures shall meet or exceed current fire codes; and
            3.   Stand pipe connections shall be made available for all areas of the structures that are above 35 feet.
      (8)   Double frontage lots: where a lot has double frontage, the front yard setback requirement shall be applied to both frontages.
      (9)   Perimeter fences and walls shall be subject to all provisions of this code of ordinances.
      (10)   Landscaping: at least 5% of the land area shall be devoted to landscaping in accordance with the standards set forth in this chapter.
      (11)   Sight-proof screening and lighting: whenever any use permitted in this district, including parking lot or parking area, is established so as to adjoin the side or rear line of a lot in a residential district, a sight-proof screen, shall be constructed and maintained in good condition along the side or rear lot line up to, but not beyond the adjoining residential building setback line; provided that, where the front yard is permitted to be used for off-street parking, then the requirements of the off-street parking regulations of this chapter shall apply. In addition, all lighting shall be arranged so that no annoying glare is directed or reflected toward residential property.
      (12)   Code compliance required with conversion or upgrading of structures:
         (a)   An existing residential or otherwise non-conforming building or property located within this district may be converted for a permitted use provided the following conditions are met:
            1.   Conformance with all development regulations of this district is required before issuance of a building permit or certificate of occupancy;
            2.   Parking, loading and access facilities shall be installed subject to the requirements set forth in this chapter; and
            3.   The main building and all accessory buildings and structures shall be brought into full compliance with all applicable codes and ordinances of the city.
         (b)   Non-conforming properties shall be brought into compliance with all city codes, including, but not limited to, parking space and parking lot improvement requirements, landscaping, signage, driveway access and drainage, as a part of the issuance of a new building or remodeling permit equal to 20% or more of the value of the existing property improvements. All improvements and upgrading permitted within any three-year time span shall be calculated towards activating this requirement.
(2002 Code, § 154.042)  (Ord. 486, passed 5-12-2003; Ord. 507, passed  3-8-2004; Ord. 697, passed 7-8-2013 ; Ord. 879, passed 3-8-2021)