155.4222. COMMERCIAL: RETAIL SALES AND SERVICE USES

An antique store is an establishment primarily engaged in selling antiques—i.e., a work of art, piece of furniture, decorative object, collectible object, or other item having special value because of its age, rarity, and/or association with a past era. This use does not include thrift or consignment shops.

B. Art Gallery

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

I-1

I-IX

OIP

M-2

RPUD

PCD

PD-TO

LAC

PD-1

2. Definition

An art gallery is an establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art.

C. Auction House

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

I-1

I-IX

OIP

M-2

RPUD

PCD

PD-TO

LAC

PD-1

2. Definition

An auction house is an establishment that is primarily engaged in the public sale of goods, wares, merchandise, or equipment to the highest bidder. This use type does not include public sales of livestock or motor vehicles.

D. Book or Media Shop

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

I-1

I-IX

OIP

M-2

RPUD

PCD

PD-TO

LAC

PD-1

2. Definition

A book or media shop is a retail store that sells or rents books, magazines, other periodicals, videos, discs, and other printed or graphic media. This use does not include an adult book or video store, which sells sexually-oriented media and is considered a sexually oriented business.

E. Consignment Boutique

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

I-1

I-IX

OIP

M-2

RPUD

PCD

PD-TO

LAC

PD-1

2. Definition

A consignment boutique is a retail establishment engaged in selling used non-donated, second-hand merchandise, and the merchandise is placed for sale with the establishment by the owner of the merchandise and upon sale of the merchandise the purchase price is divided between the establishment owner and the owner of the merchandise. The establishment shall be limited to one type of merchandise, including but not limited to, clothing and related accessories, children's apparel and furniture, sporting equipment, or furniture and related home furnishings. This use does not include the sale of guns, appliances, mattresses, or motor vehicles.

F. Convenience Store

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

I-1

I-IX

OIP

M-2

RPUD

PCD

PD-TO

LAC

PD-1

2. Definition

A convenience store is a retail establishment less than 6,000 square feet engaged in the sale of food and foodstuffs, sundries, tobacco products, beer, wine, papers and magazines.

3. Standards

a. Sales of beer or wine may only be considered an accessory use to a convenience store provided the display area for the sales of beer or wine does not exceed 20% of the total display area used for all other merchandise and no exterior signage for the sale of beer or wine is provided.

b. Convenience stores with sales of beer or wine which exceed the standards listed in subsection a. above and/or provide exterior signage for the sale of beer or wine also be considered a beer or wine store and subject to all of the standards for such use.

G. Grocery Store

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

I-1

I-IX

OIP

M-2

RPUD

PCD

PD-TO

LAC

PD-1

2. Definition

A grocery store is a retail establishment larger than 6,000 square feet engaged in the sale of food and foodstuffs, sundries, tobacco products, beer, wine, papers and magazines.

3. Standards

a. Sales of beer or wine may only be considered an accessory use to a grocery store provided the display area for the sales of beer or wine does not exceed 20% of the total display area used for all other merchandise and no exterior signage for the sale of beer or wine is provided.

b. Grocery stores with sales of beer or wine which exceed the standards listed in subsection a. above and/or provide exterior signage for the sale of beer or wine also be considered a beer or wine store and subject to all of the standards for such use.

H. Drug Store or Pharmacy

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

I-1

I-IX

OIP

M-2

RPUD

PCD

PD-TO

LAC

PD-1

2. Definition

A drug store or pharmacy is a freestanding establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies.

I. Farmers' Market (as a principal use)

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

I-1

I-IX

OIP

M-2

RPUD

PCD

PD-TO

LAC

PD-1

2. Definition

A farmers' market as a principal use is a public market held in a structure or open area regularly for all or most of the year, where farmers primarily sell produce and other farm products they have grown, gathered, or raised directly to consumers. This use is distinguished from a farmers' market as a temporary use (See Section 155.4403.A.).

3. Standards

A farmers' market shall have an established set of operating rules addressing the governance structure of the market, hours of operation, and maintenance and security requirements and responsibilities. The market shall also have a manager authorized to direct the operations of all participating vendors during all hours of operation.

J. Flea Market

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

I-1

I-IX

OIP

M-2

RPUD

PCD

PD-TO

LAC

PD-1

2. Definition

A flea market is a market held in an area that is not totally and permanently enclosed or that is located within a structure where individual sellers offer goods for sale to the public. Such sellers may set up temporary stalls or tables for the sale of their products. Such sales may involve new and/or used items and may include the sale of fruits, vegetables, and other edible items. The use does not include a farmers' market, where food items predominate, or a garage sale or yard sale that is conducted on a residentially developed lot by members of a household, or civic groups selling primarily donated items. This use does not include an indoor mall or marketplace.

3. Standards

A flea market shall comply with the following standards:

a. Items for sale may not be displayed or stored within customer pathways.

K. Home and Building Supply Center

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

I-1

I-IX

OIP

M-2

RPUD

PCD

PD-TO

LAC

PD-1

2. Definition

A home and building supply center is an establishment primarily engaged in selling a general line of new home repair and home improvement materials, supplies, and equipment, such as lumber, plumbing goods, electrical goods, tools, housewares, hardware, and lawn and garden supplies. The use may also include rental of tools and equipment, and home improvement installation services.

3. Standards

In the B-1 and B-2 zoning districts, a home and building supply center shall be limited to a total gross floor area of 30,000 square feet.

L. Local Liquor or Package Store

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

I-1

I-IX

OIP

M-2

RPUD

PCD

PD-TO

LAC

PD-1

2. Definition

A local liquor or package store is an alcoholic beverage establishment with a gross floor area of less than 7,500 square feet and licensed by the state exclusively for the retail sale of liquor or spirits in sealed containers for consumption off the premises where sold.

3. Standards

Drive-through service is strictly prohibited.

M. Regional Liquor or Package Store

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

I-1

I-IX

OIP

M-2

RPUD

PCD

PD-TO

LAC

PD-1

2. Definition

A regional liquor or package store is an alcoholic beverage establishment with a gross floor area of at least 7,500 square feet and licensed by the state exclusively for the retail sale of liquor or spirits in sealed containers for consumption off the premises where sold.

3. Standards

Drive-through service is strictly prohibited.

N. Beer or Wine Store

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

I-1

I-IX

OIP

M-2

RPUD

PCD

PD-TO

LAC

PD-1

2. Definition

A beer or wine store is an alcoholic beverage establishment licensed by the state exclusively for the retail sale of beer and/or wine in sealed containers for consumption off the premises where sold. A beer or wine store may be considered a specialty store if the establishment emphasizes a single unique type of specialty beer or wine not readily available at a grocery or convenience store, such as beer or wine made from craft or microbreweries or wineries, or beer or wine from a specific geographic region.

3. Standards

Drive-through service is strictly prohibited.

O. Pawn Shop

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

I-1

I-IX

OIP

M-2

RPUD

PCD

PD-TO

LAC

PD-1

2. Definition

A pawn shop is a business that advances funds to a person on the security of pledged tangible personal property on condition that the pledged property is left in the possession of the pawnbroker until redeemed by the pledger within an established default time period, after which title in unredeemed property vests in the pawnbroker, who may then sell the property.

3. Standards

A pawn shop shall be located at least 1,000 feet from another pawn shop or from a check cashing or payday loan store.

P. Thrift Shop

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

I-1

I-IX

OIP

M-2

RPUD

PCD

PD-TO

LAC

PD-1

2. Definition

A thrift shop is a retail establishment primarily engaged in selling used merchandise which has been obtained through bulk-purchases, or through donations or gifts and where the donor receives no value upon the sale of such merchandise, and where the use is designed to sell donated merchandise at a price below reasonable market value. This use also includes establishments which sell used merchandise on consignment but which do not meet the definition of consignment boutique. This use does not include the sale of used guns or motor vehicles.

3. Standards

A thrift shop shall comply with the following standards:

a. The thrift shop shall have a designated donation area, which shall be located at the rear of the store.

b. Donations shall only be accepted at the designated donation area.

c. Adequate directional signage shall be provided from the main entrance of the thrift shop to direct individuals to the designated donation area. The donation area shall be noticed to prohibit depositing goods when the shop is closed.

d. Donations left outside for more than 24 hours is considered outdoor storage and is strictly prohibited.

e. In the B-3 Zoning District, a thrift shop shall be operated by a single tenant.

Q. Retail Sales Establishment, Large

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

I-1

I-IX

OIP

M-2

RPUD

PCD

PD-TO

LAC

PD-1

2. Definition

A large retail sales establishment is any retail sales establishment constituting a single business engaged in retail sales activities and located in a stand-alone single tenant building with a gross floor area of 60,000 square feet or more.

3. Standards

a. A large retail sales establishment shall comply with the design standards in Section 155.5602.D, Large Retail Establishment Design Standards.

R. Indoor Mall or Marketplace

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

I-1

I-IX

OIP

M-2

RPUD

PCD

PD-TO

LAC

PD-1

2. Definition

An indoor mall or marketplace is an establishment where parts of a building or buildings are partitioned to provide individual, semi-permanent spaces for the sale of goods and merchandise, including new merchandise and antiques, by multiple tenants, lessees, or licensees.

S. Other Retail Sales Establishment

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

I-1

I-IX

OIP

M-2

RPUD

PCD

PD-TO

LAC

PD-1

2. Definition

Other retail sales establishments include any establishment primarily engaged in the sale, rental, and incidental servicing of goods or commodities that are generally delivered or provided on the premises to a consumer, and that is not specifically listed in the principal use tables. Examples include, but are not limited to, furniture stores, floor covering stores, window treatment stores, computer and electronics stores, camera stores, optical goods stores, clothing stores, shoe stores, luggage stores, jewelry stores, sporting goods stores, piece goods stores, department stores, florists, office supply stores, gift stores, and pet supply stores.

3. Standards

a. In the B-1 and B-2 zoning districts, such retail sales establishments shall be limited to a total gross floor area of 30,000 square feet.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-37, passed 1-22-13; Am. Ord. 2013-73, passed 7-23-13; Am. Ord. 2014-16, passed 1-28-14; Am. Ord. 2015-75, passed 9-8-15; Am. Ord. 2016-46, passed 3-8-16; Am. Ord. 2016-47, passed 3-8-16; Am. Ord. 2016-48, passed 3-8-16; Am. Ord. 2018-40, passed 2-27-18)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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