(A) General description.
(1) This district is intended for the conduct of general business activity which serves not only the needs of the residents of the city or the immediate surrounding area, but also the population of the larger metropolitan area. Because the permitted uses may serve and employ persons from a larger trade area, the activities and traffic generated make this district the least compatible with residential development. The permitted uses require direct access to persons from the surrounding trade areas and are ideally located on highways and intersections of arterial streets. In order to maintain sound development and good community appearance, landscaping and off-street parking are required.
(2) This district is designed to replace the former “C-2” General Commercial, “C-3” Highway Commercial and “C-4” Heavy Commercial Districts. All properties formerly classified “C-2”, “C-3” and “C-4” on the Official Zoning Districts Map shall henceforth be classified “C-C-2”and be subject to the following district regulations.
(B) Permitted uses. Property and buildings shall be used only for the following purposes:
(1) Store or shop for retail or discount sales and rental, including auctions; outside display permitted, subject to the following:
(a) No merchandise shall be placed on public rights-of-way, required parking spaces, required landscape areas, or within a sight triangle; provided the City Council, after review and recommendation by the Planning Commission, may approve a limited time special community event or merchant promotion that uses public sidewalk or street right-of-way; and
(b) Merchandise or material not being actively offered for sale shall not be stored outside a building;
(2) Automotive-related facilities including, but not limited to, the following:
(a) Automobile, light truck, and trailer sales, rental, and service, new and used;
(b) Automobile service station;
(c) Car wash, self-service or automatic;
(d) General automobile repair, excluding auto salvage; and
(e) Boats and recreational vehicle sales;
(3) Appliance and small motor repair shop or similar contractor, outside storage of equipment and supplies prohibited;
(4) Eating, drinking, and recreation establishments as follows:
(a) Drive-in for food, non-alcoholic drink, 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 facility; and
(d) Use restrictions: no uses listed above offering for sale or dispensing alcoholic beverages shall be located within 300 feet of any school, church, youth center, 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 prohibited use (single use, freestanding building or structure); and
2. The closest exterior wall of the space occupied by the prohibited use (multiple occupancy building or structure);
(5) Veterinary clinic/hospital; provided, there are no outside runs;
(6) Recreational uses, including, but not limited to, bowling alley, skating rink, tennis court, gymnasium, health club facility, video game arcade;
(7) Hotel or motel;
(8) Funeral home;
(9) Reserved;
(10) Office building and related professional, administrative, corporate, financial and service office uses;
(11) 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;
(12) Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings, subject to a minimum net lot area of three acres;
(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 or college without dormitory facilities; 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, storage containers outside the building for temporary holding of merchandise, and uses customarily incidental to the uses listed in this section when located on the same lot;
(18) Accessory storage units for merchandise providing completely enclosed storage;
(19) Property owners’ association green space, meeting or recreation facility;
(20) Carports. Permitted in the rear yard subject to existing easements; accessory and non- accessory signs: subject to city sign regulations;
(21) Specified communications towers and antennas subject to the regulations in this chapter and all other governmental requirements; and
(22) On-premises residential quarters for a maintenance or security person and his or her family.
(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) Veterinary clinic/hospital or kennel with outside runs;
(2) Open air market, swap meet or flea market, both temporary and permanent;
(3) Construction or farm machinery, heavy truck or manufactured home sales and service with outside display; provided, the location can be shown to be located on, and have direct access to, an arterial street that is a designated state or federal highway;
(4) Eating or drinking establishments as follows:
(a) Nightclub or bar;
(b) Beer tavern;
(c) Use restrictions: no uses listed above shall be located within 300 feet of any school, church, youth center, 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 prohibited use (single use, freestanding building or structure); and
2. The closest exterior wall of the space occupied by the prohibited use (multiple occupancy building or structure);
(5) Bingo parlor or other gaming facility;
(6) Adult entertainment uses as follows:
(a) Adult amusement or entertainment;
(b) Adult bookstore/retail;
(c) Adult motion picture theater;
(d) Adult motion picture arcade;
(e) Massage establishment, parlor and provider (see also Ch. 119 of this code of ordinances);
(f) Sexual encounter center; and
(g) Development regulations for adult entertainment uses:
1. No use subject to review permits for an adult entertainment use shall be granted for any proposed location that is within a 1,000-foot radius of any other adult entertainment use;
2. No adult entertainment use shall be located within 500 feet of any church; public or private school which offers a compulsory educational curriculum; E-1, E-2, R-F-1, R-F-2, R-F-3, R-F-4, R-MH-1 or R-MH-2 zoning districts; or a public or private park;
3. All required distances shall begin at the property line of the proposed use and be measured to the nearest property line of the school, park, church, residentially zoned area or adult entertainment use;
4. Non-conforming use: any business that is in violation hereof shall be deemed a non-conforming use. Such use shall not in any manner be enlarged, extended, altered or rebuilt; except that, such use may be changed so as to comply with the requirements of this section. Such use is deemed nonconforming until such use shall terminate or come into compliance; and
5. Complying use: in the event that any two or more adult entertainment uses are located within 1,000 feet of each other, the adult entertainment use which shall have first been licensed or continually operated, shall be deemed to be the complying use. The person, firm, corporation or other entity responsible for the operation or management of the adult entertainment use shall have the responsibility of proving, by documented evidence, the date on which such adult entertainment use was first licensed or began continuous operation;
(7) Outside amusement or commercial recreation facility, including amusement park; and
(8) Mini warehouse, including outside fenced storage area for boats and recreational vehicles;
(E) Development regulations.
(1) General: all uses and structures permitted in this district are subject to the following standards. Building setback and coverage requirements 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:
(a) Five feet; provided, 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; and
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 “conditional use” 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 property owner shall designate the rear lot line for purposes of constructing a perimeter fence and accessory structures. The designated rear yard shall be subject to the development regulations of this district; provided, however that platted building lines shall take precedence if greater than the requirements of this district.
(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, ornamental screen, not less than six feet in height, 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, the 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, § 154.043) (Ord. 486, passed 5-12-2003; Ord. 506, passed 2-9-2004; Ord. 697, passed 7-8-2013; Ord. 760, passed 3-9-2016; Ord. 879, passed 3-8-2021; Ord. 920, passed 8-8-2022; Ord. 923, passed 9-12-2022)