In C Commercial Districts, the regulations which follow in this Article
VI and the regulations which are set forth in Articles
IX and
X shall apply.
[Amended 3-24-1986 by Ord. No. 86-2]
A. Single principal building or single principal use. Except as provided in Subsections
B and
C, a lot may be used for only one of the following principal buildings or principal uses and no other:
(1) A principal building or a principal use permitted in an R-1 or R-2
Residential District. (A building or use permitted in an R-1 or R-2
Residential District by special exception is permitted as of right
in a C Commercial District, and no special exception permission by
the Zoning Hearing Board is necessary or required.)
(2) A hospital, convalescent home or nursing home, or nonprofit or municipal or public institution, with no qualifying limitations on the use other than as set forth in this Article
VI or in Article
IX.
(3) A day nursery, day-care center, or a school of any type (other than a public school, for which provision has been made), if 40 or more children or students are regularly on the premises at any one time and if the children or students are regularly on the premises for four or more hours per day during the customary daytime business hours prevailing in the zoning district. [Some of the types of schools contemplated by this Subsection
A(3) are a business school, private trade school, beauty school, music school, or dancing school.]
(4) Fraternal club or private lodge if 50 or more members or guests are regularly on the premises at any one time and if the premises are regularly open to members or guests during the customary daytime business hours prevailing in the zoning district. [A fraternal club or private lodge which has boarding units or rooming units shall be deemed to be a fraternal home under Subsection
A(5) below.]
(7) Tourist cabin court or motel.
(8) Trailer court or mobile home park.
(10)
Automotive service establishment for one or more of the following
uses: public garage, private parking lot, public parking lot, service
station, repair garage, car wash, automobile sales room, automobile
sales lot, or the like.
(11)
Protective service building for one or more of the following
uses: fire house, police station, ambulance station, or the like.
(12)
Cat or dog boarding kennel or small animal hospital, subject
to the condition that any resulting noise or odors are to be effectively
confined to the premises.
(13)
Service echelon establishment.
(a)
Subject to the use standards which are prescribed below, a service
echelon establishment for one or more of the uses within but one class
of the following classes:
[1]
Class A — dry cleaning plant, dyeing plant, laundry plant.
[2]
Class B — newspaper printing plant, job printing plant.
[3]
Class C — brewery, creamery, bottling plant.
[4]
Class D — storage building, warehouse or storage yard for one of the principal uses described in Subsection
B. A Class D service echelon establishment [which under this Subsection
A(13) is on its own separate lot and is the principal building or principal use on the lot] is to be distinguished from a storage building, warehouse or storage yard which is on the same lot with a principal use described in Subsection
B and which is permitted as an accessory building or accessory use to that use.
(b)
Use standards. Work at a service echelon establishment shall
be done only during the customary daytime business hours prevailing
in the zoning district, and any resulting dust, fumes, odors, noise,
smoke, vapor or vibration shall be effectively confined to the premises
of the service echelon establishment.
B. Multiple principal uses. A lot may be used, and a building on a lot
may be used, for one or more of the following principal uses without
distinction among the classes of uses or among the uses within a class:
(2) Retail business store or shop for the sale of food or beverages of
all kinds; dry goods and apparel of all kinds; furniture and household
fixtures, goods and appliances of all kinds; automotive accessories;
hardware, paint, wallpaper and other like materials and objects for
decorating, maintenance or repair; books, magazines, newspapers, cigars,
cosmetics, drugs, flowers, gifts, jewelry, music or stationery; photographic
goods; sporting goods; and articles or products substantially similar
to the foregoing.
(3) Retail specialty food store or shop where goods are prepared in the
store or shop and sold at retail from the store or shop, as for example:
a bake shop or pastry shop; confectionery shop or candy shop; delicatessen.
(4) Eating place or tavern of any type, such as: cafeteria; dining room;
restaurant; tea room; cocktail lounge; and including an eating place
or tavern providing dancing or entertainment.
(5) Personal service shop, such as a barber or beauty shop; tailor or
dressmaking shop; laundry agency or dry-cleaning agency; laundromat;
cleaning or pressing shop, or hand laundry, in which only nonexplosive
and nonflammable solvents are used; photographer's studio; cobbler
shop; household appliance repair shop; radio or television repair
shop; small animal pet shop, provided that noise and odors are effectively
confined to the pet shop.
(6) Such craft or trade establishments as a carpentry shop, cabinetmaking
shop, upholstery shop; a machine shop, metalworking shop, tin-working
shop; a printer's shop, electrician's shop, plumber's shop, provided
that not more than three individuals are engaged at any one time on
the premises of the establishment in the work of the craft or trade
of the establishment; work is done at the establishment only during
the customary daytime business hours prevailing in the zoning district;
and any resulting dust, fumes, odors, noise, smoke, vapor or vibration
is effectively confined to the craft or trade establishment.
(7) Business office or administration office, such as the offices of
a bank or other financial institution; office of a real estate agent
or insurance agent; the business offices of a public utility company;
the business offices of a manufacturer; the administration offices
of a wholesaler, jobber or distributor.
(8) Professional office or professional studio, without the qualifying
limitations on the use prescribed by the definitions of those terms.
(9) Passenger transportation service, such as a railroad passenger station,
bus passenger station, taxicab waiting room or dispatch center.
(10)
Radio or television station.
(11)
Indoor amusement place, such as a bowling alley; dance hall;
pool hall; theater; skating rink and the like, provided that any resulting
noise is effectively confined to the amusement place.
(12)
Retail or wholesale greenhouse or nursery.
(13)
Day nursery, day-care center, or school of any type (other than a public school, for which provision has been made), if less than 40 children or students are regularly on the premises at any one time, or if the children or students (whatever their number) are regularly on the premises for less than four hours per day during the customary daytime business hours prevailing in the zoning district. [Some of the types of schools which might qualify under this Subsection
B(13) are: a private half-day kindergarten, typing school, baton-twirling school.]
(14)
Public parking lot; private parking lot.
(15)
Chapel for worship, library reading room, fraternal club, private
club, private lodge if less than 50 members, guests or users are regularly
on the premises at any one time, or if the premises are not regularly
open to members, guests or users during the customary daytime business
hours prevailing in the zoning district.
(16)
Any other business, service or use which is substantially similar to a business, service or use described in this Subsection
B as to type of services provided or goods sold; business hours or hours when open for use; the number of persons attracted to the premises or regularly using the premises, and the duration of their stay upon the premises.
C. Mixed occupancy dwelling as the single principal building.
(1) A lot may be used for one mixed occupancy dwelling, provided that:
(a)
The commercial uses on the lower stories of the building are only those uses permitted under Subsection
B;
(b)
No dwelling units or boarding or rooming units are maintained
in a detached building on the same lot to the rear or side of the
building which is the mixed occupancy dwelling; and
(c)
No detached building is located on the same lot to the front
of the building which is the mixed occupancy dwelling.
(2) If a lot is used for a mixed occupancy dwelling, the mixed occupancy
dwelling as such shall be the only principal building permitted on
the lot.
D. Accessory buildings and accessory uses. The accessory buildings and
accessory uses permitted on a lot shall be those customarily incidental
to the principal building or the principal uses on the lot.
[Amended 3-24-1986 by Ord. No. 86-2]
A. Spaces required. Off-street parking spaces for passenger motor vehicles (and other types of motor vehicles where specified) shall be provided in the following amounts for the following principal buildings or principal uses referred to in §
240-29A and for a mixed occupancy dwelling referred to in §
240-29C:
(1) For a principal building or a principal use permitted in an R-1 or R-2 Residential District, off-street parking spaces shall be provided as required by §
240-20A or
240-27A, as the case may be.
(2) For a hospital, convalescent or nursing home, or institution referred to in §
240-29A(2), off-street parking spaces shall be provided as required by §
240-20A(5),
240-27A(4) or
(7), as the case may be.
(3) For a day nursery, day-care center, or school referred to in §
240-29A(3), off-street parking spaces shall be provided as required by §
240-27A(6).
(4) For a fraternal club or private lodge referred to in §
240-29A(4), off-street parking spaces shall be provided at the rate of one parking space for each 300 square feet of floor space used for dining rooms, game rooms, lounges, meeting rooms and assembly rooms.
(5) For a fraternal home, off-street parking spaces shall be provided
at the rate of one parking space for each of the first four boarding
or rooming units; one parking space for each three boarding units
or rooming units in excess of four; three parking spaces for the manager
or administrator; and one parking space for each two employees on
the largest work shift.
(6) For a hotel or tourist home, off-street parking spaces shall be provided
at the rate of one parking space for each boarding or rooming unit;
one parking space for each two employees on the largest work shift;
and one parking space for each 300 square feet of floor space used
for dining rooms, taverns, meeting rooms and assembly rooms.
(7) For a tourist cabin court or motel, off-street parking spaces shall be provided at the rate set forth in Subsection
A(6) above.
(8) For a trailer court or mobile home park, one off-street parking space
shall be provided for each house trailer or mobile home lot.
(9) For a trailer camp, one off-street parking space shall be provided
for each campsite.
(10)
For an automotive service establishment housing a public garage,
service station, repair garage, car wash, automobile sales room or
the like, off-street parking spaces shall be provided at the rate
of one parking space for each two employees; one parking space for
each passenger or commercial motor vehicle used in connection with
the business (such as tow trucks, wreckers, demonstrator models);
one parking space for each vehicle kept in storage or for lease or
sale; and one parking space for each repair bay (in addition to the
bay itself).
(11)
For a protective service building, off-street parking spaces
shall be provided at the rate of one parking space for each employee
on the largest work shift; one parking space for each passenger or
commercial motor vehicle regularly kept on the premises in connection
with the protective service; and one parking space for every four
volunteers.
(12)
For a cat or dog boarding kennel or small animal hospital, off-street
parking spaces shall be provided at the rate of one parking space
for each veterinarian and one parking space for each two employees
on the largest work shift.
(13)
For a service echelon establishment, off-street parking spaces
shall be provided at the rate of one parking space for each two employees
on the largest work shift and two parking spaces for each passenger
or commercial motor vehicle used in connection with the business.
(14)
For a mixed occupancy dwelling, the off-street parking spaces
required shall be the number of spaces required for that type of use
(having dwelling, boarding or rooming units) which the upper stories
of the mixed occupancy dwelling most nearly resemble.
B. Location of off-street parking spaces. The off-street parking spaces required by §
240-34A shall be provided on the same lot with the principal building or principal use and may be provided by a private garage or other like accessory building on the lot. The location on the lot of an off-street parking space and the design of an off-street parking space shall be governed by the regulations in §§
240-51,
240-53 and
240-54. Exceptions:
(1) If in the opinion of the Department the physical circumstances or
condition of the lot (such as the topography, slope or drainage of
the lot or the irregularity, narrowness or shallowness of the lot
in size or shape) preclude the safe design, construction or maintenance
of off-street parking spaces, maneuvering areas or means of access,
or make the same impractical; or
(2) If in the opinion of the Department the requirement that all of the off-street parking spaces to be provided on the lot would require that the maximum building area permitted by §
240-32A or
B be decreased (or would require that the increase in the maximum building area otherwise permitted by the exception to §
240-32A be denied) in order to accommodate the parking spaces, and provided that the Department is satisfied that such yard regulations in §
240-33 as are applicable will be met, the open space fire aisle requirement in §
240-51 will be met, and in a case within the exception to §
240-32A, all conditions for the exception will be met, the requirement that all of the off-street parking spaces are to be provided on the same lot with the principal building or principal use may be modified or waived by the Department to the extent that it can be shown (upon such evidence as the Department deems sufficient) that off-street parking spaces can be provided:
(a)
On a private parking lot in a C Commercial District or in an
M Manufacturing and Industrial District and owned by the owner or
operator of the principal building or use (or on a private parking
lot in a C Commercial District or in an M Manufacturing and Industrial
District and leased by such owner or operator for a period of not
less than 10 years) and a substantial portion of which private parking
lot is within 800 feet (by the most direct walking route) of the lot
line of the lot containing the principal building or the principal
use; or
(b)
With respect to passenger motor vehicles only, on a municipal
parking lot or if there is municipality metered parking, a substantial
portion of which is within 800 feet (by the most direct walking route)
of the lot line of the lot containing the principal building or the
principal use.
[Amended 7-14-2008 by Ord. No. 2008-3]
(c)
In the case of a single-family house, two-family house, boardinghouse
or rooming house, row house, apartment house, conversion apartment
house or multifamily house (or in the case of a mixed occupancy dwelling
which resembles one of the foregoing), at a community garage, a substantial
portion of which is within 800 feet (by the most direct walking route)
of the lot line of the lot containing the principal building or the
principal use.