(A) Intent. The C-N: Neighborhood Commercial District is a low intensity commercial district intended to provide for business activities appropriate near residential areas, which may provide service to the neighborhood in which they are located.
(B) Locational criteria. The C-N Neighborhood Commercial District is appropriately located along secondary arterials and more heavily utilized collector streets where it is substantially buffered from low density residential uses by terrain, physical conditions or institutional or multi-family uses. Typically, these district’s placement are limited to areas where owners of large tracts of land have submitted general development plans showing how various uses will be mixed on the tract and in conformity to the city’s land use plan.
(C) Permitted uses. The following uses are allowed in the C-N Neighborhood Commercial District:
(1) Churches and educational facilities;
(2) One- through 12-family dwellings;
(3) Detached accessory apartments upon single-family dwelling properties provided:
(a) One of the structures on the property shall be occupied by the deed holder.
(b) Off-street parking for at least one vehicle per dwelling unit is provided.
(c) All structures on the property meet the regular size regulations of the district, and the maximum height of the accessory apartment structure does not exceed that which is allowed by § 158.110(D). Conversion of a pre-existing non-conforming structure is not permitted.
(d) The accessory apartment shall not have living space greater than 60% of the footprint of the primary home.
(e) Only one detached accessory apartment is allowed per single-family property.
(4) Personal service retail uses, including the following: barbershops, beauty shops, laundry pick-up stations, optical stores, dance studios, hobby shops, florist shops, child care facilities, health studios or gyms, newsstands, photographic studios, post office substations, shoe repair shops, tailor and dressmaking shops, photo developing pick-up stations and other similar uses;
(5) Agriculture;
(6) Restaurants, subject to site plan approval;
(7) Bed and breakfast inn, subject to site plan approval; and
(8) Tea room or tea house.
(D) Conditional uses. The following uses may be allowed in the C-N: Neighborhood Commercial District upon approval of a conditional use permit by the Zoning Board of Adjustment:
(1) Professional office and medical clinics provided the scale of the proposed use is limited and the building has a residential character;
(2) Convenience stores, including the sale of gasoline or other fuels; and
(3) Self-storage facility; provided, the following conditions, in addition to the requirements of § 158.178(F) of this chapter are met:
(a) Individual units are accessed from the interior of the building and not through than separate exterior doors for each leasable unit;
(b) An office and/or storefront at the location is maintained and open with staff for, at minimum, 20 hours per week;
(c) Lighting at the facility is deemed to be non-intrusive to the neighborhood;
(d) The minimum lot area of the property is two acres and must have been at least two acres in size at the date of effective date of the chapter;
(e) The self-storage facility is limited to occupying one building that contains leasable units per property. The maximum footprint size for the building containing the leasable units is 7,000 square feet;
(f) Individually leased units will not be accessible to the public between 10:30 p.m. and 6:00 a.m. Applicants shall provide a plan on restricting access during those time periods as part of the conditional use permit application submittals;
(g) Adequate water pressure exists for fire protection of the facility as determined by the city’s Fire Department;
(h) Interior building layout plans are provided as part of the conditional use permit application submittals and have been approved by the city’s Fire Department; and
(i) Any conditional use permit granted for a self-storage facility in the C-N District is non-transferable and is revoked upon a change in property ownership. New property owners may apply for a new conditional use permit for the facility.
(4) Auto sales; provided the following conditions, in addition to the requirements of § 158.178(F) of this chapter, are met:
(a) The property upon which the auto sales use is to be located must be at least 0.25 acres in size;
(b) Minor auto service work may be conducted on site as part of the auto-sales business only during regular business hours and shall be limited to:
1. Oil, filter, and fluid changes;
2. Tire rotations and tire changes; and
3. Cleaning and detailing provided cleaning materials, liquids and the like are properly disposed of.
(c) The subject property upon which the auto sales use is the located shall have a residential user abutting no more than two property lines.
(d) Sales and service hours shall be no later than 6:00 p.m. and no earlier than 7:00 a.m., Monday through Friday. No sales or service work on Sunday and Saturday.
(e) Parking areas shall be asphalt, concrete or other similar material, no gravel.
(f) All lighting for the business shall not constitute a nuisance to the neighborhood and shall be downcast.
(g) Exterior display shall be limited to vehicles only, and not located within the public right-of-way. Tires, fluids, and the like must be stored inside a structure on the property.
(h) A transitional yard or privacy fence may be required to provide a buffer and screening to adjacent properties.
(E) Size regulations. The following minimum and maximum size regulations shall apply in the C-N Neighborhood Commercial District:
(1) Minimum lot size: 10,000 square feet;
(2) Building setbacks:
(a) Front yard: 25 feet;
(b) Rear yard: 25 feet; and
(c) Side yard: 8 feet.
(3) Minimum lot dimensions:
(a) Lot frontage: 100 feet;
(b) Lot depth: 100 feet; and
(c) Lot width: 100 feet.
(4) Maximum building dimensions:
(a) Height: 20 feet; and
(b) Lot coverage: 30%.
(5) Minimum building dimensions: width - 20 feet for 75% of its length.
(F) Special provisions. The following special provisions shall apply for all uses in the C-N: Neighborhood Commercial District.
(1) In the C-N: Neighborhood Commercial District, no business shall have hours of operation between 10:30 p.m. and 6:00 a.m.
(2) Transitional yards shall be provided where the rear or side lot line coincides with a side or rear lot line of a residential district. In such circumstances the minimum setback shall be 50 feet and shall be fully landscaped and screened. No parking, drives or storage area shall encroach in these transitional yards.
(3) In newly developing areas, property owners shall submit along with all zoning permit requests a general development plan for all contiguous properties owned by the same property owner(s). This plan shall provide evidence of intended compliance with the city’s Comprehensive Plan.
(2011 Code, § 34.04033) (Ord. 2212, passed 9-17-2013; Ord. 2304, passed 6-5-2017; Ord. 2313, passed 11-7-2017; Ord. 2435, passed 8-21-2023)