(A) Purpose and intent. C-1 Commercial District is generally intended to be located on the major highways into the village and provide goods and services to residents of the community. Because these commercial uses are subject to the public view, which is a matter of important concern to the whole community, they should provide an appropriate appearance, ample parking, controlled traffic movement, and suitable landscaping, and protect abutting residential areas from the traffic and visual impacts associated with commercial activity.
(B) Permitted uses. The following uses are established as permitted uses in the C-1 Commercial District:
(1) Post offices and other government offices.
(2) Libraries.
(3) Museums.
(4) Health care clinics.
(C) Special uses. The following uses are permitted if the Village Council issues a special use permit allowing them in accordance with the requirements in § 94.58.
(1) Schools and colleges.
(2) Child day care centers, provided that:
(a) The center provides a fenced play area equal in size to at least 75 square feet for each child.
(b) The center is located on a collector or larger street or access to the facility from other nearby streets is adequate based on the projected number of participants attending the center.
(3) Animal hospitals, provided that all of the following conditions are met:
(a) No pet kennels are maintained outside of the principal building.
(b) The animal hospital structure is insulated and soundproofed so that all loud, disturbing, and unnecessary noises created by the animals shall be controlled so as to eliminate disturbing the comfort and repose of any person in an adjoining structure or in the vicinity.
(4) Recreation facilities.
(5) Churches.
(6) Parks.
(7) Restaurants, nightclubs and bars, provided that both of the following conditions are met:
(a) No such establishments shall have any outside amphitheater, stage, sports equipment, playing field or court, or any provision for live or recorded acoustic or amplified entertainment outside of the building.
(b) No such establishment shall have a drive-up window.
(8) Sexually oriented businesses, provided that all of the following conditions are met:
(a) No such business shall locate within 2,000 feet of any other sexually oriented business, as measured in a straight line from property line to property line;
(b) No sexually oriented business shall be located within 2,000 feet of a church, public or private elementary or secondary school, child day care or nursery school, public park, residences and/or residentially zoned property, or any establishment with either an onpremise or off-premise ABC license. The 2,000-foot distance shall be measured on a straight line from property line to property line, with no consideration as to intervening structures, roads or land forms;
(c) There shall not be more than one sexually oriented business on the same property or in the same building, structure, or portion thereof; and
(d) No other principal or accessory use may occupy the same building, structure, property, or portion thereof with any sexually oriented business.
(e) No advertisements, displays or signs or other promotional materials shall be visible to the public from pedestrian sidewalks, walkways or vehicular use areas other than one identification sign as provided in § 94.36.
(9) Amusement establishments.
(10) Convenience stores. Convenience stores may include self-service automobile fuel dispensing stations. As used in this chapter, “CONVENIENCE STORE” shall mean retail stores, with not more than 3,000 square feet of gross floor area, primarily engaged in the sale of packaged foods and beverages, but not fresh fruits and vegetables, or fresh meats, fish and poultry.
(11) Automobile service stations and automobile fuel dispensing stations, provided that all of the following conditions exist:
(a) The only parking and/or storage is for vehicles that have been repaired and awaiting removal, are awaiting repair, or are available for rental from the establishment, and no vehicle is parked or stored as a source of parts;
(b) All repairs are performed inside a building;
(c) All parking and storage of vehicles is provided off the public right-of-way and at least 15 feet from the front property line; and
(d) No vehicle that has been repaired and is awaiting removal, or that is awaiting repair, is stored or parked for more than 14 consecutive days.
(12) Car washes.
(13) Grocery stores.
(14) Offices.
(15) Retail stores.
(16) Banks.
(17) Libraries.
(18) Museums.
(19) Health care clinics.
(D) Development standards of general applicability. All uses and structures in the C-1 Commercial District shall meet the following development standards, except as otherwise provided by this chapter:
(1) Minimum lot width. The minimum lot width shall be 50 feet.
(2) Minimum front yard. The depth of the required front yard shall be 30 feet.
(3) Minimum side yard. The minimum required for each side yard shall be at least 15% of lot width at building setback line but not less than ten feet.
(4) Height limit. Buildings and structures shall not exceed three stories.
(5) Driveways. All driveways, road and pathways which are designed or used for vehicular traffic shall be paved with asphalt or concrete and shall be appropriately maintained.
(6) No trailer, mobile home, tent, shack, or barn shall be erected, placed or stored on any lot. Accessory outbuildings that blend with the surrounding buildings may be built. Accessory buildings shall not be erected in any front yard, or within 20 feet of any street or highway line. Nothing herein shall prohibit the erection of a wall, fence or sprinkler system in a front or side yard so long as the wall, fence or sprinkler system meets all of the requirements of this chapter. No chain link fence shall be erected or used.
(7) All buildings shall have an outside siding of brick, wood, stone or materials of equal quality. No buildings shall be constructed with exposed concrete block walls. Buildings shall have pitched roofs which are residential in character. Mansard roofs are prohibited. Buildings shall be designed and constructed so as to be in harmony with the appearance and uses of neighboring buildings.
(8) No above ground storage tanks shall be permitted for the storage of any products which are stored for the purpose of resale to the public or to wholesalers including storage tanks for gasoline or diesel fuel. Above ground storage tanks are permitted for natural gas, propane and fuel oil provided that the tanks are used for the storage of fuels for consumption on the property for heating, cooking and other such uses, and provided that all such tanks are appropriately screened from public view.
(9) Outdoor garbage cans and dumpsters shall be of the underground type or concealed with plantings or wall structure, and shall be maintained in such a manner such that no noxious or offensive odor emits therefrom.
(10) No lot shall be used in whole or in part for the storage of rubbish of any character whatsoever, nor for the storage of any property or thing that will cause the lot to appear in an unclean condition; nor shall any substance, thing or material be kept upon any lot that will emit foul or noxious odors, or that will cause any noise that will or might disturb the peace, quiet, comfort or serenity of the occupants of surrounding property.
(11) Owners of vacant lots shall be required to keep undergrowth from accumulating on their lot to a height of more than 24 inches.
(12) No lots or parts thereof shall be used as a right-of-way or street providing ingress or egress over, across, into or on property in the village from adjoining property that is located outside of the village without the express approval of the Village Council.
(13) All buildings shall be constructed in accordance with all applicable building codes including those set forth in Chapter 90.
(14) No advertising signs, advertisements or advertising structures which are prohibited by § 94.36 shall be permitted on any commercial property.
(15) No lights shall be installed or maintained to shine upon any residential property. To the extent possible, all lighting should be recessed to avoid causing the light to shine upon neighboring property. Lights should be no brighter than necessary to accomplish the purpose for which they were designed or installed.
(16) No outside loudspeakers, or amplified voice or music shall be allowed which interferes with the peaceful use and enjoyment of other property owners or residents within the Village of Walnut Creek. This provision shall not prohibit the use of an intercom between a self-service gas pump and the operator inside a convenience store.
(17) To the extent that the terms and conditions of this section conflict with the general regulations contained in §§ 94.35 et seq., the terms of this section shall prevail and control over that subchapter; however, the general regulations contained in §§ 94.35 et seq. shall apply to commercial districts unless modified by this section.
(E) No zoning permit shall be issued pursuant to § 94.82 and no site or building construction shall begin, nor shall any remodeling or renovation of any existing property which results in an expansion by more than 10% of the existing square footage or which costs more than 25% of the tax value of the property shall begin until the plans for the site and building construction or remodeling or renovation have been finally approved by the Village Council as hereinafter set forth. Proposed expansion plans of 10% or less of the existing square footage meeting the submittal requirements herein shall be reviewed administratively by the Zoning Enforcement Officer for compliance with applicable village ordinance standards.
(1) Plans submitted for approval shall show:
(a) A vicinity map showing the location of the tract in relation to neighboring tracts, subdivisions, roads and waterways;
(b) The dimension of the property and proposed buildings, including adjacent lots and streets;
(c) The proposed street, pathways and lot layout;
(d) Location and proposed use of all buildings with dimensions and ground areas thereof;
(e) Parking area with spaces, channelization and ratios shown;
(f) Service areas, off-street loading facilities, service drives and dimensions thereof;
(g) All pedestrian ways;
(h) Landscaping and buffers between other uses;
(i) Number, location and size of proposed signs. Sign elevation plans shall be submitted. The number, location and size of proposed free-standing signs shall be shown;
(j) The design and color of each building will be illustrated on the plan of all proposed buildings; and
(k) A proposed lighting plan.
(2) The review and approval procedure shall be as follows:
(a) The Planning Board shall review the design plan for compliance with the requirements of this chapter and the zoning ordinance. The Planning Board shall advise the owner or his or her authorized agent of the regulations pertaining to the proposed construction and the procedures to be followed in the preparation and submission of the plans.
(b) The plan shall be checked against the design standards and requirements of the Village by the Planning Board.
(c) The Planning Board shall discuss with the owner, changes deemed advisable, if any, and the kind and extent of improvements or changes to be made by the owner prior to acceptance of the plan.
(d) The Planning Board shall recommend approval, approval conditionally, or disapproval of the plan based on compliance with the applicable ordinances of the village. The plan and the Planning Board's actions shall be sent to the Village Council of the Village of Walnut Creek for its action, which shall be based on compliance with the applicable ordinances of the village. If approved conditionally, the conditions and reasons for such action shall be stated.
(e) Should the Planning Board fail to act on the proposed commercial building within 90 days after submission of the plan, the owner may seek approval at the next regularly scheduled meeting of the Village Council.
(f) If the Planning Board recommends disapproval of the plan, the reasons for such action shall be stated in writing and reference shall be made to the specific section of the village ordinances with which the preliminary plan does not comply.
(g) If the Village Council approves the plan, a zoning permit shall be issued. If disapproved, no zoning permit shall be issued.
(F) Nonconforming uses. Buildings, land and uses may exist in the Commercial C-1 zone which would be prohibited or restricted under the terms of this chapter which were lawful prior to the adoption of this chapter. Such nonconforming buildings, land and uses may continue until such time as the buildings are demolished, remodeled or renovated such that the renovation of any existing property which results in any expansion of the existing square footage or such that the cost of the renovation exceeds 25% of the value of the property. If a nonconforming building, land or use is discontinued for a period of 180 days, then any future use of the property shall be in compliance with this chapter.
(Ord., passed 3-24-04; Am. Ord., passed 6-23-21)