(A) Purpose.
(1) The purpose of this district is to provide a complete and intensive commercial center serving the entire community with a broad range of retail, office and service uses. As such it will attract substantial volumes of traffic, due to its size and the variety of goods offered. It may include supermarkets, department stores and a large variety of specialty stores.
(2) Since it is intended to draw consumers from a large area this district should not be indiscriminately mapped, but rather centrally located with good access from all parts of the community, typically around the intersection of two arterial streets. Further, because of the substantial volumes of traffic and the necessity of maintaining traffic flow on the arterial streets, access must be carefully controlled.
(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-N” District;
(2) Department stores, general merchandise stores and variety stores;
(3) Mail order houses;
(4) Caterers;
(5) Eating and drinking places, including those with live entertainment and dancing;
(6) Freezer and locker meat providers, meat and seafood markets including butchering or processing for retail sale on the premises or for an individual consumer;
(7) Retail bakeries including baking and selling, and including baking for retail outlets in the metropolitan area owned by the same proprietors as an accessory use;
(8) Retail pet shops;
(9) Furriers, including fur dealing as an accessory to retail sales;
(10) Dry cleaning, including processing;
(11) Locksmiths, gunsmiths, taxidermists and other miscellaneous repair shops and related services;
(12) Retail sales and repair of lawn and power mowers;
(13) Retail sale of nursery stock including outdoor storage and sales of same, seeds and fertilizers, and other garden supplies and tools;
(15) Automobile parts store and including installation of mufflers and similar minor equipment, but not including rebuilding of engines, transmissions or similar work; machining of parts in such magnitude as to violate the performance standards as measured at the property line; or storage of used parts;
(16) Custom cabinetry and furniture;
(17) Furniture upholstery and repair;
(18) Retail sale and repair of office furniture, typewriters and other office equipment;
(19) Retail sale of household furniture;
(20) Antique stores;
(21) Motion picture theaters;
(22) Billiard and pool establishments;
(23) Bowling alleys;
(24) Dance halls, studios and schools;
(25) Beauty and barber schools;
(26) Funeral homes;
(27) Business services, but not including research and development laboratories, equipment rental and leasing, commercial testing laboratories or unclassified business services;
(28) Labor or trade union halls;
(29) Theatrical producers and miscellaneous theatrical services;
(30) Bands, orchestras, actors and other entertainers;
(31) Job training and vocational rehabilitation services, individual and family social services;
(32) Outpatient care facilities; and
(33) Tattoo and piercing shops.
(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).
(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) Auditoriums or assembly areas for more than 100 persons, either as a customary accessory use or a principal use;
(2) Outdoor patios or serving areas for eating and drinking places, provided that no amplified sound shall be permitted;
(3) Veterinarian clinics or animal hospitals providing overnight boarding or lodging;
(4) Business, trade and secretarial schools;
(5) General medical and surgical hospitals;
(6) Gambling establishments, and other amusement or recreational services not listed as permitted uses;
(7) Consignment shops for retail sale of used clothing and other household items in undamaged, like-new condition;
(8) Automotive repair shops;
(9) Buildings taller than 60 feet in height, subject to solar and fire considerations;
(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) 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 material in accordance with § 160.28.
(3) Certain products such as bakery goods may be produced on the premises 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, provided that such restriction shall not be construed to prohibit operation of a catering service or similar establishment.
(4) 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.
(5) 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.
(6) Nothing shall be construed to permit any use of an adult entertainment nature.
(7) 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.
(8) All refuse collection areas shall be fully enclosed by a six-foot high opaque wood fence or masonry wall.
(9) Where a lot adjoins a residential zoning district, a buffer shall be provided along the border of said district in accordance with § 160.27.
(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 residential district - 30 feet; otherwise none required;
(5) Minimum rear yard: adjacent to residentially zoned property - 30 feet; otherwise none required;
(6) Maximum height: 60 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.): 0.50.
(Ord. 2021-14, passed 7-13-2021)