(a) The following uses and any other use determined by Planning Commission to be compatible with these uses are permitted by right within the Community Commercial District as individual uses on an individual parcel:
(1) Specialty retail, commercial establishments and boutiques.
(2) Specialty food stores.
(3) Home furnishings, home improvement and miscellaneous materials and equipment stores which operate totally within principal structures and require no outside storage or display of products or materials.
(4) General merchandise stores and supermarkets.
(5) Personal services, performed for persons or their apparel.
(6) Business and cleaning services engaged in services to businesses or households on a fee or contract basis and operating totally within principal structures with no outside storage or display of products or materials.
(7) Commercial schools.
(8) Studios.
(9) Financial establishments with no drive-in or drive-thru facilities.
(10) Restaurant, standard.
A. Customers normally provided with a menu or served their food and beverage by restaurant employee at the same table or counter at which food and beverages are consumed.
B. A cafeteria type operation.
(11) Business and administrative offices including buildings with multiple tenants and/or sites with multiple buildings.
(12) Offices of business and professional associations including buildings with multiple tenants and/or sites with multiple buildings.
(13) Medical offices and clinics engaged in outpatient care with permanent facilities and with medical staff to provide diagnosis and/or treatment for patients who are ambulatory and who do not require inpatient care including buildings with multiple tenants and/or sites with multiple buildings.
(14) Professional offices.
(15) Sexually oriented businesses, provided that the proposed location is more than 500 feet from the following uses (hereinafter referred to as “sensitive uses”):
A. Any residential zoning district, as set forth in Section 1103.03 of the Planning and Zoning Code, or as set forth in the Zoning Ordinance of any adjacent political subdivision;
B. Any mixed use zoning district, as set forth in Section 1103.03 of the Planning and Zoning Code, or as set forth in the Zoning Ordinance of any adjacent political subdivision;
D. Any child day care, greenway, hospital, hotel, motel, place of worship, public park, preschool, public use facility (except school and municipal administrative buildings), school (except a college or university), senior and disabled housing, or senior and disabled independent housing in or adjacent to the City, whether or not such use is conforming or non-conforming, in or adjacent to the City.
E. For purposes of this Section:
(i) “Greenway” means a city owned or maintained linear open space established along either a natural corridor, such as a riverfront or stream valley or over land along a former railroad right-of-way, including a bikepath, converted to scenic use identified and constructed per the PROS 2000 Plan.
(ii) “Hospital” means an institution providing health services primarily for human inpatient medical and surgical care for the sick or injured, but does not include related facilities, such as laboratories, outpatient facilities, training facilities or medical offices.
(iii) “Place of worship” means an institution that a congregation of people regularly attend to participate in or hold religious services, meetings and other activities, including buildings in which the religious service of any denomination are regularly held.
(iv) “Public park” means an outdoor recreational facility which is operated by the City and open to the public with or without charge.
(v) The measure of distance shall be from the outermost wall of the structure or proposed structure of the sexually oriented business that is nearest to the applicable sensitive use, to the property line of the applicable sensitive use, along the shortest possible course, without regard to intervening structures or objects, regardless of any customary or common route or path of travel.
(vi) In reviewing an application for a zoning certificate for a sexually oriented business, the Zoning Officer shall consider only: whether the sexually oriented business is seeking to locate in a Community Commercial District (or, where applicable, a Planned Community Commercial District or an Industrial District); whether the proposed location of the sexually oriented business is at least 500 feet from the sensitive uses listed in subsection (A) above; and whether the sexually oriented business is in compliance with the generally applicable development standards in Section 1143.04 (or, where applicable, Section 1143.05). The determination whether a zoning certificate is issued to a sexually oriented business shall be made in accordance with the procedures set forth in Section 1107.09.
(b) Shopping Centers, which are defined as multiple retail uses on one or more parcels of land of at least five total acres, are also a permitted use in a Community Commercial District. The above listed uses are also permitted by right in a shopping center. Specific development standards for a shopping center are listed in Section 1143.05.
(Ord. 01-31A. Passed 6-19-01.)