(A) Generally. This district is established as a district in which the principal use of land is for the retailing of durable goods, provision of commercial services to industrial areas and the provision of services to transients. In promoting the general purposes of this chapter, the specific intent of this section is:
(1) To encourage the continued use of land for commercial establishments which provide services to industrial areas and transients;
(2) To discourage any use which because of its character would interfere with the use of land for other commercial activities;
(3) To discourage any use, which because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, substantially in excess of the requirements and costs if the district were developed solely for commercial uses.
(B) Permitted uses.
(1) All uses permitted in the CB, Central Business District;
(2) Drive-in restaurants;
(3) Drive-in theaters;
(4) Greenhouses;
(5) Wholesale merchants;
(6) Public utility storage or service yards;
(7) Building materials sales and storage;
(8) Radio and television transmitting stations and towers;
(9) Animal hospitals;
(10) Motor freight terminals;
(11) Bus stations;
(12) Automobile sales, services, and body repair garages;
(13) Mobile home, travel trailer, boat, and motorcycle sales and services;
(14) Community and neighborhood parks, playgrounds and recreation centers; and
(15) Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard.
(C) Building height limits. No building shall exceed 35 feet in height unless the depth of the front and total width of the side yards required herein shall be increased one foot for each two feet, or fraction thereof, of building in excess of 35 feet.
(D) Minimum lot requirements.
(1) Minimum required lot area: 10,000 square feet; and
(2) Minimum required lot width: 60 feet.
(E) Minimum yards.
(1) Minimum required front yard. Unless otherwise stipulated, the minimum required setback shall be 20 feet from any street, road, or highway right-of-way, provided, no signs, parking or any other object between a height of two feet and a height of ten feet shall be allowed within the first five feet from a street, road, or highway right-of-way which may provide an obstruction to visibility. The minimum required setback for the outermost section(s) of an overhead canopy (attached or unattached) or the outer edge of any fuel pump island shall be ten feet from a street, road, or highway right-of-way. The minimum required setback for a display model shall be 15 feet from a street, road, or highway right-of-way.
(2) Minimum required side yards. Unless otherwise stipulated, the minimum required setback(s) shall be six feet from any property line and 15 feet from any street, road or highway right-of-way. Where the side yard abuts upon a residential district, the side yard shall be at least 15 feet wide. The minimum required setback for the outermost section(s) of an overhead canopy (attached or unattached) or the outer edge of any fuel pump island shall be ten feet from a street, road or highway right-of-way. The minimum required setback for a display model shall be 15 feet from a street, road, or highway right-of-way.
(3) Minimum required rear yard. The minimum required rear yard shall be six feet. Wherever a lot abuts residential property, a buffer, as described in § 154.140, shall be required.
(F) Location of accessory buildings. No accessory building shall be erected in any required yard; provided, accessory buildings shall be permitted in the required side and rear yards on condition that the accessory buildings shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way. In addition, all permitted accessory buildings shall be located at least ten feet from the principal building and shall not encroach into any required easement(s). Furthermore, accessory building(s)/use(s) shall be allowed on a contiguous lot or tract of land so long as it remains under common ownership with the principal building/use with which it is associated if the principal building/use itself would also be permitted on such lot/tract; all accessory buildings located on contiguous lots shall not encroach into any required easement(s) and shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way.
(G) Location of gazebos. Gazebos shall be allowed in any yard; provided, the gazebo shall be located at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way. In addition, all permitted gazebos shall be located at least ten feet from the principal dwelling and shall not encroach into any required easement(s) . Furthermore, one gazebo shall be allowed on a contiguous lot or tract of land under common ownership from the principal building/use with which it is associated if the principal building/use itself would also be permitted on the lot/tract; all gazebos located on contiguous lots shall not encroach into any required easement(s) and shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way.
(H) Corner visibility. On a corner lot, within the area formed by an arc 25 feet from the intersection of right-of-way lines, there shall be no obstruction to vision between a height of two feet and a height to ten feet above the average center line grade of each street.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 12-9-2008; Ord. passed 6-29-2021) Penalty, see § 154.999