(A) Purpose. The C-1 District is intended to provide suitable locations for commercial retail and wholesaling, administrative, servicing, and related activities dealing more in convenience goods and services.
(B) Permitted uses. Within any C-1 District, no structure or land shall be used except for one or more of the following uses:
(1) Those uses as first permitted, and as regulated in § 152.28 (C-B District), shall be a permitted use;
(2) Accessory uses, except signs, customarily incident to the uses permitted in this division (B) and division (C) below;
(3) Animal hospitals, kennels, and training runs;
(4) Armories, convention halls, or exhibition halls, including fairgrounds exhibition areas;
(5) Automobile display enclosed showrooms and sales areas and automotive repairs;
(6) Bakeries;
(7) Bowling alleys, billiard, or pool halls;
(8) Brew pubs, microbreweries, microdistilleries and related taprooms;
(9) Building materials sales and storage establishments;
(10) Bus stations with service and/or garage facilities;
(11) Cabinet, carpenter, upholstering, or furniture repair shops;
(12) Dry cleaning, dyeing, and laundry establishments;
(13) Electrical contractors and equipment repair and services;
(14) Farm implement dealer’s sales and display;
(15) Frozen food lockers for family or commercial storage purposes;
(16) Engraving, printing, publishing, cartographic, and bookbinding establishments;
(17) Grocery, fruit, vegetable, and meat retail establishments;
(18) Greenhouses, nurseries, and garden supply stores;
(19) Laboratories, medical, dental, and optical;
(20) Lumber sales and yards;
(21) Marine and boat sales display and servicing establishments;
(22) Medical and dental clinics;
(23) Miniature golf courses, par-three golf courses or archery or golf driving ranges operated for commercial purposes;
(24) Monuments, processing, and sales;
(25) Mortuaries, vault, and casket establishments;
(26) Motels, hotels, and auto courts;
(27) Municipal and government buildings and structures;
(28) Newspaper printing and distribution agencies;
(29) Public utility structures;
(30) Plumbing, heating and air conditioning shops, service, and showrooms;
(31) Radio and television service and repair shops;
(32) General retail and wholesale sales establishments;
(33) Residential dwelling unit.
(a) Alterations may be made to a residential building containing nonconforming residential units when alterations will improve livability of the unit provided the number of dwelling units in the building are not increased; and
(b) A residential dwelling currently existing on a lot or parcel of land in the C-1 District may be replaced by a newly constructed residential dwelling provided the number of dwelling units in the building are not increased.
(34) Restaurants (excluding drive-in type);
(35) Retail gas stations and related convenience goods stores;
(36) Office and home furniture manufacture and warehousing;
(37) Theaters (enclosed structures only);
(38) Signs as regulated in § 152.55, “sign regulations”;
(39) Off-street parking and loading as regulated by § 152.56.
(C) Uses by conditional use permit. Within a C-1 Commercial District, buildings or land may be used for one or more of the following uses if granted a conditional use permit as provided in § 152.07:
(1) Any business activity of the same general character as those listed in division (B) above;
(2) Multiple-dwelling units and complexes if part of a planned concept in accord with the approved Comprehensive Plan;
(3) New or used automobile sales or storage lots, new or used implement sales or storage lots, automobile laundries or car washes, automobile service stations, or repair shops provided:
(a) The parking lot shall be surfaced with a dust-free material and plans for the arrangement of entrances, exits, screening of exterior storage lots, and parking stalls shall accompany the request for a special use permit;
(b) Artificial lighting and glare shall be directed away from any public right-of-way and any residential district; and
(c) A screen of acceptable design shall be constructed along the property line when said use is abutting any residential district.
(4) Drive-in restaurants, drive-in theaters, or similar uses that provide goods and services to patrons in automobiles, provided:
(a) A screen of acceptable design shall be constructed along the property line when said use is abutting any residential district;
(b) The parking area shall be surfaced with a dust-free material, and plans for the arrangement of entrances, exits, and parking stalls shall accompany the request for a conditional use permit; and
(c) Artificial lighting and glare shall be directed away from any public right-of-way and any residential district.
(5) Mobile home park developments, subject to the regulations as established in § 152.57, “Minimum mobile home park requirements”.
(D) Height, yard, and lot coverage regulations.
(1) Height regulations. No structure shall exceed four stories or 45 feet, whichever is less in height, except that cooling towers, elevator penthouses, domes which do not contain usable space, water towers, and smokestacks or other similar structures not intended for human occupancy may be of any height which does not conflict with airport requirements.
(2) Yard regulation and lot coverage regulations. In the C-1 District, there shall be no specific yard requirements or lot coverage requirements except as necessary to provide off-street parking and loading where applicable as regulated in § 152.56.
(E) Performance standards.
(1) In order to ensure compliance with the performance standards set forth below, the Council may require the owner or operator of any permitted use to have made such investigations or tests as may be required to show adherence to the performance standards. Such investigation or tests as are required shall be carried out by an independent testing organization selected by the city.
(2) Such investigations or testing shall be shared equally by the owner or operator and the city, unless the investigation or tests disclose noncompliance with the performance standards, in which situation the entire cost shall be paid by the owner or operator.
(a) Noise. At any property line the sound pressure level of noise radiated from an industrial operation shall not exceed the values given in Table 1 herein. The sound pressure level shall be measured with a “sound level meter” and an associated “octave band analyzer”, both of which are manufactured to specifications published by the American Standard Specifications for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24, 10-1953. American Standards Association, Inc., New York, New York. Measurements shall be made using the flat network of the sound level meter.
Table 1 | |
Frequency Band Cycles Per Second | Maximum Permitted Sound Level (Decibels) |
Table 1 | |
Frequency Band Cycles Per Second | Maximum Permitted Sound Level (Decibels) |
20-75 | 72 |
75-150 | 67 |
150-300 | 59 |
300-600 | 52 |
600-1,200 | 46 |
1,200-2,400 | 40 |
2,400- 4,800 | 34 |
Over 4,800 | 32 |
(b) Odors. No objectionable odors shall be detectable beyond the limits of the property.
(c) Exterior lighting. Any lights used for exterior illumination shall direct light away from adjoining property. Glare, whether direct or reflected, such as from floodlights, spotlights, or high temperature processing, and as differentiated from general illumination, shall not be visible beyond the limits of the property.
(d) Vibration. No vibration shall be discernible at any property line to the human sense of feeling for an accumulated total of three or more minutes during any hour.
(e) Smoke. The Ringelman Smoke Chart, published by the U.S. Bureau of Mines, shall be used for measuring smoke at the point of emission. Smoke not darker or more opaque than No. 4 on said Chart may be emitted, except that smoke darker or more opaque than No. 2 on said Chart may not be emitted for periods longer than four minutes in any 30 minutes. These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color but an equivalent apparent opacity.
(f) Dust. Solid or liquid particles shall not be emitted at any point in concentrations exceeding three-tenths grains per cubic foot of the conveying gas or air. For measurements of the amount of particles in gases resulting from combustions, standard corrections shall be applied to a stack temperature of 500°F and 50% excess air.
(g) Fumes or gases. Fumes or gases shall not be emitted at any point in concentrations or amounts that are noxious, toxic, or corrosive. The values given in Table I (Industrial Hygiene Standards - Maximum Allowable Concentration for eight hour day, five days per week), Table III (Odor Thresholds), Table IV (Exposure to Substances Causing Pain in the Eyes), and Table I (Exposure to Substances Causing Injury to Vegetation) in the latest revision of Chapter 5, Physiological Effects, that contains such tables, in Air Pollution Abatement Manual, by the Manufacturing Chemists’ Association, Inc., Washington, D.C., are hereby established as guides for the determination of permissible concentration or amounts. Detailed plans for the elimination of fumes or gases may be required before the issuance of a land use and zoning permit.
(h) Sewer and water. The design and construction of water supply facilities and treatment of all industrial sewage and waste shall comply with city and state health standards and requirements.
(F) Screening, landscaping, lighting, storage, and outdoor displays.
(1) Screening.
(a) All principal and accessory uses, except business signs, which are situated within 50 feet of a residential district, shall be screened from such district by a wall or fence of not less than 90% opacity and not less than five nor more than seven feet in height above the level of the residential district property at the district boundary. Walls or fences of lesser heights or planting screens may be permitted by the Council if there is a finding that the nature or extent of the use being screened is such that a lesser degree of screening will as adequately promote and protect the use and enjoyment of the properties within the adjacent residential district, or there is a finding that a screening of the type required by this chapter would interfere with the provision of adequate amounts of light and air to same said properties.
(b) Loading docks in the C-1, I-1, and I-2 Districts shall be screened so as not to be visible from any public street right-of-way within a residential district. All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as not to become unsightly, hazardous, or less opaque than when originally constructed.
(2) Landscaping. All exposed ground areas surrounding or within a principal or accessory use including street boulevards, which are not devoted to drives, sidewalks, patios, or other such uses shall be landscaped with grass, shrubs, trees, or other ornamental landscaped materials. All landscaped areas shall be kept neat, clean, and uncluttered. No landscaped area shall be used for the parking of vehicles or the storage or display of materials, supplies, or merchandise.
(3) Lighting. All sources of artificial light situated in a C-1, I-1, and I-2 District site shall be so fixed, directed, designed, or sized that the sum total of their illumination will not increase the level of illumination on any nearby residential property by more than one-tenth footcandle in or within 25 feet of a dwelling nor more than one-half footcandle on any other part of the property. Glare, whether direct or reflected, as differentiated from general illumination, shall not be visible from beyond the limits of the immediate site from which it originates.
(4) Storage - displays. All materials, supplies, merchandise, or other similar matter not on display for a direct sale, rental, or lease to the ultimate consumer or user shall be stored within a completely enclosed building within the C-1, I-1, and I-2 Districts, or within the confines of a 100% opaque wall or fence not less than five feet high. Merchandise which is offered for sale as described above may be displayed beyond the confines of a building in the C-1, I-1, and I-2 Districts, but the area occupied by such outdoor display shall not constitute a greater number of square feet than 10% of the ground floor area of the building housing the principal use, unless such merchandise is of a type customarily displayed outdoors such as garden supplies. No storage of any type shall be permitted within the one-half of the required front or side street setback nearest the street.
(G) Requirements for vehicular and pedestrian circulation.
(1) Traffic and circulation.
(a) All commercial buildings or structures and their accessory uses shall be accessible to and from nearby public streets and sidewalks by driveways and walkways surfaced with a hard, all-weather, durable, dust-free material, and property drained. Vehicular traffic generated by a commercial use shall be channeled and controlled in a manner that will avoid congestion on the public streets, traffic hazards, and excessive traffic through residential areas, particularly truck traffic.
(b) The adequacy of any proposed traffic circulation system to accomplish these objectives shall be determined by the City Engineer who may require such additional measures for traffic control and he or she may deem necessary, including, but not limited to, the following: directional signalization, channelization, standby turn lanes, illumination, and storage area and distribution facilities within the commercial site to prevent back-up of vehicles on public streets.
(2) Ingress and egress. No area used by motor vehicles other than driveways serving as ingress and egress to the commercial site shall be located within the public street right-of-way.
(3) Driveway restrictions. All driveways to or from public streets shall be subject to the following restrictions.
(a) Driveway widths: (measurement between roadway edges).
Type | Maximum Feet | Minimum Feet |
One-way | 20 | 12 |
Two-way | 30 | 24 |
(b) Minimum driveway angle to street: Thirty degrees when street is one-way or divided, otherwise 60 degrees;
(c) Minimum distance between driveways: Twenty feet, between roadway edges measured along street curb line; and
(d) Minimum distance of driveway from street intersections: (Measured along street curb line between nearest driveway edge and intersecting street curb line).
If the Driveway Enters a Street Classified as a | And the Intersecting Street Is Classified as a | And the Driveway Enters Land Approaching or Leaving Intersection | |
Approaching | Leaving*
| ||
If the Driveway Enters a Street Classified as a | And the Intersecting Street Is Classified as a | And the Driveway Enters Land Approaching or Leaving Intersection | |
Approaching | Leaving*
| ||
Collector Street | Collector street or minor arterial | 15 feet | 15 feet |
Major arterial | 35 feet | 20 feet | |
Minor street | 20 feet | 15 feet | |
Major Arterial | Collector street or minor arterial | 25 feet | 15 feet |
Expressway ramp | 200 feet | 100 feet | |
Major arterial | 40 feet | 20 feet | |
Minor street | 20 feet | 15 feet | |
Minor Street | Major arterial | 15 feet | 20 feet |
Minor street, collector street or minor arterial | 15 feet | 15 feet | |
Note: *Minimum distance to be the same as that specified for approaching lane if left turns are permitted into or out of driveway | |||
(2006 Code, § 11.07) (Ord. 130, passed 12-24-1971; Ord. 171, passed 5-17-1978; Ord. 73, 3rd Series, passed 11-20-1987; Ord. 207, 3rd Series, passed 8-8-2016; Ord. 224, 3rd Series, passed 12-11-2018) Penalty, see § 152.99