(A) Intent. The intent of a C-3 Heavy Commercial District is a zone designed primarily for warehousing, distribution centers, and minimum light manufacturing and processing.
(B) Principle permitted uses.
(1) Accounting, auditing, and bookkeeping services;
(2) Ambulance service;
(3) Amusement centers; indoor only;
(4) Animal clinic; indoor only;
(5) Animal clinic; indoor/outdoor;
(6) Arts and crafts studio;
(7) Auction house;
(8) Auto sales and service;
(9) Auto storage and rentals. All processing, packaging, or fabricating to be conducted wholly inside a building. Nuisance-producing processing, packaging, or fabricating not permitted;
(10) Automated or coin-operated car wash;
(11) Bakery or bakery goods store;
(12) Bank automated teller facilities; outdoor;
(13) Bank automated teller facilities; indoor
(14) Bank and savings and loan;
(15) Barber and beauty shop;
(16) Beverage bottling plant;
(17) Billboard. Billboards may not be placed everywhere in this zone. Sec special provisions dealing with billboards in Article 6 of this chapter;
(18) Boat building (small);
(19) Book and stationery store;
(20) Brewery;
(21) Brew pub;
(22) Bus depot;
(23) Business college and trade school;
(24) Cabinet shop. The entire business must be conducted within a building;
(25) Campground;
(26) Church;
(27) Cleaning plant; commercial. The maximum gross floor area of a building permitted for this use is 6,400 square feet. Incidental, non-nuisance-producing processing, packaging, or fabricating is permitted if conducted entirely within a building;
(28) Cleaning and laundry agency;
(29) Clinic;
(30) Communication facilities including communication tower, such tower not to exceed 150 feet in height. No guy wires, outrigging, or other supporting structures may extend beyond the foundation of the lower;
(31) Community center (public);
(32) Confectionery stores;
(33) Construct ion storage yard. Yard must be enclosed in Class 3 fence;
(34) Convenience warehouse storage facility;
(35) Convenience stores without dispensing gasoline;
(36) Convenience stores with dispensing gasoline;
(37) Dairy product processing;
(38) Dance, music, or voice studio;
(39) Day care center (child care center) or preschool;
(40) Delicatessen;
(41) Distillery;
(42) Drive-thru photo facility;
(43) Drive-thru (fast food) restaurant;
(44) Educational and scientific research service;
(45) Equipment rental and sales yard;
(46) Florist;
(47) Food store and delicatessen;
(48) Furniture refinishing. The entire business must be conducted within a building;
(49) Furniture/appliance store;
(50) Gift shop;
(51) Gymnasium; private;
(52) Grocery store;
(53) Hardware store;
(54) Hospital;
(55) Insurance agency/services;
(56) Jewelry store;
(57) Laboratory, medical, dental, and optical;
(58) Laundry; commercial plant. The maximum gross floor area of a building permitted for this use is 6,400 square feet. Incidental, non-nuisance-producing processing, packaging, or fabricating is permitted if conducted entirely within a building;
(59) Laundromat; self-service;
(60) Library;
(61) Lodge or club;
(62) Lumber yard;
(63) Machine shop;
(64) Marriage and family counseling;
(65) Metal finishing. Retail and wholesale metal finishing permitted, providing the metal finishing equipment shall be used, and all parts to be or which have been processed, together with all materials and supplies, shall be stored, wholly within a building; and in addition, if metal plating is done, not more than three persons may function in the metal plating line, the metal plating line shall not use a floor area in excess of 1,500 square feet, and only a self-contained processing system shall be used. A metal plating line constitutes a metal plating process commencing with racking of a part to be plated and ending with unracking of such part;
(66) Micro brewery;
(67) Micro distillery;
(68) Monument works; stone;
(69) Mortuary;
(70) Motel;
(71) Municipal uses;
(72) Nursery for children;
(73) Nursery for flowers/plants;
(74) Offices; professional and service;
(75) Parking lot, garage or facility;
(76) Pharmacy;
(77) Photographic studio;
(78) Printing and blueprinting;
(79) Professional membership organizations;
(80) Professional schools;
(81) Public garage;
(82) Railroad station;
(83) Recreational vehicle sales lot;
(84) Recreational vehicle storage lot; outside;
(85) Reducing/suntanning;
(86) Restaurant, bar, and tavern;
(87) Retail stores and services;
(88) Sandblasting. All commercial sandblasting of moveable objects to be conducted wholly inside a building;
(89) Service station; full service;
(90) Service station; mixed use;
(91) Service station; self-service dispensing of gas only;
(92) Shoe store;
(93) Shop for building contractor. The entire business must be conducted within a building;
(94) Sign shop;
(95) Tack shop;
(96) Tattoo parlor meeting the following conditions.
(a) Prior to operating a tattoo parlor, the operator/practitioner must first apply for and receive a permit and certificate of occupancy from the Development Services Director. The permit is subject to revocation if the permittee at any time fails to comply with the conditions set forth herein.
(b) The operator/practitioner must comply with any and all federal, state, and local regulations pertaining to the activity of tattoo artistry on the human skin.
(c) The operator/practitioner must submit to regular and/or unannounced inspections by the Department of Planning, Building and Development, the County Department of Health, and any other authority empowered to regulate such activities.
(d) All instruments and equipment must be cleaned and sterilized before use. Sterilization of equipment shall be accomplished by exposure to live steam for at least 30 minutes at a minimum pressure of 15 pounds per square inch, temperature of 240ºF or 116ºC.
(e) The operator/practitioner must positively identify each client and keep record of the client’s name, age, mailing address, and phone number and not dispose of such information for a period of at least ten years. Any transfer in ownership or operation of the business will result in revocation of the permit. All records shall be relinquished to the Development Services Director at that time.
(f) The operator/practitioner may not perform work on anyone 18 years of age or younger without written permission from the minor’s parent or legal guardian.
(g) The operator/practitioner shall comply with the OSHA (Occupation Safety and Health Act) blood borne pathogen rules as it relates to the disposition of hazardous waste materials.
(h) To prevent the cause and/or spread of infection or disease, any and all tattoo needles used for each client shall be disposed of properly and not reused.
(97) Temporary medical housing;
(98) Terminal yard; trucking;
(99) Theater; indoor;
(100) Theater; drive-in;
(101) Tire shop and recapping (the entire business must be conducted within a building);
(102) Tourist information booth;
(103) Tractor/trailer parking lot;
(104) Trailer parks;
(105) Travel trailers;
(106) Travel trailer, mobile home, and manufactured housing sales lot;
(107) Truck and tractor repair;
(108) Upholstery shop, provided all work is completed inside the building;
(109) Used car lot;
(110) Utility business offices; and
(111) Warehousing/wholesaling facilities.
(C) Special permit uses.
(1) Emergency shelter;
(2) Implement dealers;
(3) Mobile home sales;
(4) Petroleum storage;
(5) Processing, packaging, or fabricating;
(6) Public scale;
(7) Recycling center;
(8) Residential use is permitted only within the confines of a building in which a permitted use is conducted. Preliminary and final site plans must be submitted to the Planning Commission for review and approval;
(9) Rooming/boarding houses;
(10) Temporary building or contractor’s storage and construction yard, incidental to the construction of a residential development or a real estate sales office to be used in marketing lots in a new subdivision, may be permitted if such a building or structure complies with all height and area requirements for the zone;
(11) Temporary building may be permitted if such building complies with all height and area requirements, and the use complies, except for the fact that the building is a temporary one;
(12) Temporary storage of grain, for not to exceed 60 consecutive days (and a permit for which may be renewed for not to exceed 60 consecutive days), outside a building or structure subject the following additional conditions, to be set forth in the permit.
(a) The grain shall be placed on a concrete floor or some other type of waterproof material that, as determined by the Development Services Director, is equal to a concrete floor.
(b) No part of the grain shall be placed, or caused or permitted to be closer to any property line than any building setback line that has been platted or is required in the zone to which the tract of kind is subject.
(c) The permit shall be subject to revocation by the Commission, if the Commission, subsequent to granting the permit, shall determine that the grain, or conditions incidental thereto, or the manner in which the grain is being handled constitutes a public nuisance; and, upon such a determination, the holder of the permit shall promptly comply with any order of the Commission concerning removal or other disposition of the grain.
(d) Provided, no permit for such a use shall be issued and delivered until the permittee shall have executed and delivered to the Development Services Director a written agreement which, as determined by the Director, indemnifies and holds harmless the city, its officers and employees and members of the Planning Commission, against any and all claims of liability for injuries or damages to persons or property caused, in whole or in part, by the presence of the grain; by conditions occurring, in whole or in part, because of presence of the grain or the manner in which the grain is delivered, piled, moved, removed, or otherwise handled; and by any acts of commission or omission on the part of any persons, whether or not the permittee or third persons for whose acts or omissions liability otherwise might or might not be imputable to the permittee. The terms “warehousing” and “wholesaling” shall not be construed to apply to the storage of grain outside a building or structure.
(13) Two-family dwelling.
(D) Performance standards.
(1) Area and bulk regulations.
Use | Minim um Lot Size (Sq. Ft.) | Minim um Lot Width (Sq. Ft.) | Maxim um Covera ge (%) | Maxim um # of Dwelli ng Units | Setbacks | Side Stre et (Ft.) | Area (Sq. Ft.) | Floor Maxim um Height (Ft.) | ||
Fro nt (Ft.) | Rea r (Ft. ) | Interi or Side (Ft.)
| ||||||||
None | * | * | C | A | B | 12.5 | PRT FA | 35 | ||
Garage | 12.5 | |||||||||
* Minimum lot area/dwelling unit = no requirements PRTFA = Parking ratio to floor area A No minimum rear yard setback is required except lot a lot abutting the side of a lot in either an R or O-P District, in which case the minimum rear yard setback is 15 feet. If a public alley separates such lots, no rear yard is required. B No minimum interior side yard setback is required except for a lot whose side abuts the side of a lot in either an R or O-P District, in which latter case the minimum interior side yard setback is five feet. If a public alley separates such lots, no side yard is required. C The required minimum R District setback applies if the frontage between two streets separates an R District and a C District. If all frontage between two streets is in a C District, no front setback is required. | ||||||||||
(2) Accessory building/garage; detached.
(a) A detached accessory building must be located at least ten feet from the main building.
(b) On an existing reversed corner lot, a detached accessory building or garage may project into the side yard nearest the rear lot line if it does not extend beyond the front yard setback of the main structure, and if entrance to the garage is from the side street, the garage must be set back from the side street property line a distance of not less than 20 feet.
(3) Accessory building; attached. A building which if detached from the main building would constitute an accessory building may be connected to the main building by a breezeway or similar structure, and in such event, shall meet all requirements for the main building.
(Ord 3965, passed - -2008; Ord. 3985, passed - -2009; Ord. 4187, passed - -2016; Ord. 4198, passed - -2016; Ord. 4241, passed 12-17-2018)