(A) Purpose.
(1) It is the purpose of this district to provide areas for convenient shopping by residents of the adjacent neighborhood, but not of such size and variety as to attract substantial volumes of traffic from outside of the neighborhood. Such areas typically will include a food supermarket as the principal tenant, and other establishments supplying commodities or performing personal services for the daily living needs of the residents of the neighborhood.
(2) It is not intended that any area be mapped of such size as to allow all or a substantial number of the permitted uses to locate within it, but rather to establish a range of individual uses which supply appropriate commodities and services and thereby provide an opportunity to create a suitable mix of specialty shops which will facilitate the economic success of the shopping area, and through normal interaction of the combination allow it to be more successful than might otherwise be probable. Accordingly, it is intended that such areas be mapped in location and of limited size to reflect the neighborhood scale, to encourage a compact design which is oriented to pedestrian as well as vehicular traffic, and further intended to avoid linear retail strips by separating such areas with other types of development.
(B) Permitted principal uses. Only those uses listed below shall be permitted, in accordance with all of the provisions of this district:
(1) Uses permitted in the “C-O” District;
(1) Uses permitted in the “C-O” District;
(2) Grocery stores;
(3) Meat and seafood markets, but not including slaughtering or carcass meats;
(4) Fruit stores and vegetable markets, provided that no outdoor or open-air display, sales or storage shall be permitted;
(5) Candy, nut and confectionery stores;
(6) Dairy product stores, retail over-the-counter sales only;
(7) Retail bakeries including baking and selling;
(8) Health food stores;
(9) Drug stores;
(10) Variety store, junior department store or showroom/catalog store, not to exceed 15,000 square feet of gross floor area;
(11) Beauty shops and barber shops, but not including schools;
(12) Tailor shops, including clothing alteration and repair shops;
(13) Shoe repair shop, shoe shining;
(14) Watch, clock and jewelry repair;
(15) Electrical repair shops;
(16) Coin operated laundries and dry cleaning establishments using nonflammable solvents;
(17) Eating places, including both standard and fast-food restaurants and including carry-out service but not including caterers, and not including live entertainment performances except when allowed by conditional use permit;
(18) Drinking places, but not including discotheques or live entertainment, and not to exceed an occupancy of 125 persons; the area utilized for dancing shall not exceed one-eighth of the patron area excluding restrooms and foyers, and dancing shall cease when the bar closes to the public;
(19) Liquor stores;
(20) Hardware stores;
(21) Paint, glass and wallpaper stores, retail sales to the general public only;
(22) Apparel and accessory stores, including storage and repair of fur garments but not including trading in furs;
(23) Sporting goods stores and bicycle shops, but not including sales of motorized vehicles;
(24) Book stores and stationery stores;
(25) Jewelry stores;
(26) Hobby, toy and game shops;
(27) Camera and photographic supply stores, including photofinishing services for the general public;
(28) Gift, novelty and souvenir shops;
(29) Luggage and leather goods;
(30) Sewing, needlework and piece goods stores;
(31) Formalwear and costume rental, not including used merchandise shops;
(32) Tobacco stores;
(33) Florists, including potted house plants;
(34) Optical goods and hearing aids;
(35) Retail pet food stores and pet grooming, provided that kennels, boarding and sales of pets other than tropical fish are expressly prohibited as either principal or accessory uses;
(36) Artists’ and architectural supply;
(37) Retail coin, philatelist and autograph shops;
(38) Religious goods;
(39) News dealers and newsstands;
(40) Radio, television and music stores, including home video equipment;
(41) Miscellaneous home furnishings, such as glassware and linens;
(42) Interior decorators, including retail sale of draperies and curtains;
(43) Household appliance stores, but not including cabinets or plumbing fixtures;
(44) Floor covering stores primarily engaged in retail sales and incidental installation, but not including establishments primarily engaged in installing or supplying building contractors;
(45) Retail sale of household furniture, but not including cabinets, not to exceed 10,000 square feet in gross floor area;
(46) Health clubs or spas, beauty spas or reducing salons, and similar health and beauty services, but not including lodging;
(47) Membership sports and recreation clubs;
(48) Retail sales of computer hardware and software, telephones;
(49) Antique stores, but not including refinishing or refurbishing;
(50) Music or dance schools or studios, including children’s or amateur instruction and exercise classes, but not including professional dance schools or production, ballrooms, or dance halls;
(51) Automobile parts store not to exceed 4,500 square feet of gross floor area and not including major rebuilding of engines, transmissions or similar work; machining of parts in such magnitude as to violate the performance standards as measured on the property line; storage of used parts; or installation;
(52) Veterinarian clinics for household pets on an out-patient basis only, no overnight boarding or lodging, except by conditional use as provided below;
(53) Commercial art galleries;
(54) Hot tub and sauna sales, but not including swimming pools; and
(55) Parking lots or structures for the storage of private passenger automobiles.
(C) Accessory uses. Uses that are clearly subordinate and customarily incidental to the principal use, including storage of merchandise and preparation of certain products, may be permitted subject to the standards set forth in division (E) below.
(D) Conditional uses. The following conditional uses may be allowed by the Board of Adjustment subject to § 160.63, provided such use complies with the requirements of this and all other city codes and is in accordance with the Comprehensive Plan of the city:
(1) Live entertainment performances in standard restaurants, subject to the requirements of § 160.44;
(2) Retail sale of nursery stock including outdoor storage and sales of same, seeds and fertilizers, and other garden supplies and tools, but not including power mowers and similar tools;
(3) Auditoriums or assembly areas for more than 100 persons as a customary accessory use to a permitted use;
(4) Veterinarian clinics or animal hospitals providing overnight boarding or lodging;
(6) Business and secretarial schools;
(7) Outpatient care facilities;
(8) General medical and surgical hospitals;
(9) Child day care services;
(10) Small wind energy conversion system (SWECS), subject to § 160.48; and
(11) Communication towers with a maximum height of 130 feet, located not less than 200 feet from the boundary of any property zoned for residential use or designated for such use by the Comprehensive Plan, and subject to § 160.47.
(E) Performance standards.
(1) Storage shall be limited to those inventories, supplies and equipment necessary to support the principal use and shall not exceed 40% of the total gross floor area; further provided that storage shall be wholly contained within the principal building.
(2) Certain products such as bakery goods may be produced for retail sale on the premises on which they are produced provided that:
(a) Such production shall be clearly accessory to the retail use of the premises; and
(b) All such products shall be sold at retail on the premises on which they are produced.
(3) No noise, vibration, hazard, glare, air pollutants such as fumes or dust, odor other than that which might originate from food preparation by a bakery or restaurant, or electromagnetic disturbances shall be generated.
(4) No wholesaling shall be permitted, except for certain products such as automotive parts which may be purchased on a largely individual basis for resale as part of a repair service as opposed to bulk shipments and deliveries.
(5) Nothing shall be construed to permit any use of an adult entertainment nature.
(6) All activities, storage and display shall be contained within a fully enclosed building, except for uses such as sale of gasoline which by their nature must be conducted outside.
(7) All refuse collection areas shall be fully enclosed by a six-foot high opaque wood fence or masonry wall.
(8) If a lot adjoins a residential zoning district, a buffer yard shall be provided along said district boundary in accordance with § 160.27.
(9) A minimum of 15% of the lot in addition to required landscape setbacks and buffer yards shall be maintained as open space landscaped with grass, trees, shrubs and other plant materials in accordance with § 160.28.
(10) Lots fronting on an arterial street shall not have more than one access onto the arterial street except as provided below. Common drives between adjacent landowners shall be encouraged in lieu of individual drives, recommended to be located with the common property line as the centerline of the drive and required to be located a minimum of 40 feet from any other drive as measured from centerline to centerline. Where such common drive is provided and joint access easements to parking areas are provided, required parking spaces on each lot may be reduced in number by up to 5%. One additional drive access may be permitted a lot with continuous frontage in excess of 300 feet, or two additional drive accesses for continuous frontage in excess of 600 feet, if proper spacing is provided. The City Council may authorize additional drives in any case upon finding such access will not create congestion or traffic hazards.
(F) Bulk requirements. The following minimum requirements shall be observed:
(1) Minimum lot area: 20,000 square feet;
(2) Minimum lot width: 100 feet;
(3) Minimum front yard: 20 feet;
(4) Minimum side yards: adjacent to a street - 20 feet; adjacent to a residentially zoned property - ten feet; otherwise none required, but if a setback is provided a minimum of ten feet shall be required;
(5) Minimum rear yard: adjacent to residentially zoned property - 30 feet; otherwise none required, but if provided a minimum of ten feet shall be required;
(6) Maximum height: two stories with a maximum total height of 35 feet, provided that no building for any use shall exceed a bulk plane having a 14-degree altitude calculated from a horizontal plane extending through a line located 18 feet above the average elevation of the north lot line, if an existing building with a passive solar design that includes thermal storage, or an existing solar photovoltaic array that is capable of producing a minimum of 3-kW DC in direct sun, lies to the north; said existing design or device shall be previously documented for this limitation to be applicable; and
(7) Maximum floor area ratio: (F.A.R.): 0.35.