[1975 Code § 21.12]
The purpose of the C-1 central commercial district is to provide an area for a wide range of retail and wholesale facilities and services of a compatible nature.
[1975 Code § 21.12; amended by Ord. 224, 11-5-1984; Ord. 295, 4-6-1987; Ord. 577, 1-16-1995; 2003 Code]
The following uses are permitted in the C-1 general commercial district (no permitted use in this zoning district shall be deemed to include or allow as part of the permitted use a drive-in establishment):
Appliance store
Bakery, retail only
Bank
Barbershop and beauty shop
Bicycle shop
Bus and/or cab depot
Clothing store
Department store
Drugstore
Dry cleaning and/or laundry pick up station
Dwellings, above first floor only in the case of structures consisting of two or more stories, not including any basement; no dwelling in a basement area; dwellings permitted on the first floor (of a 1 story building only-basement level not counted as a story); provided, that all of the following requirements are met:
A.
There is a business establishment open to the public on a regular basis (with the proprietor, principal, or at least 1 of the principals, of the partnership or corporation, or manager being available to conduct business with the public at least 35 hours per week in any week of a calendar year, not less than 48 weeks per year, which requirements shall be deemed the minimum in order to be considered an "ongoing" business as the term is used in this entry, "Dwellings"), said commercial establishment occupying the front, or street side, 55% of the available floor space of the principal structure located on the premises subject to the zoning requirements of the central commercial district, no portion of the 55% being devoted to the permanent or long term storage of goods and wares, other than to the extent such goods and wares are part of the goods and wares displayed in connection with the conduct of the business on the premises and available for immediate sale and delivery to the public;
B.
The dwelling area shall not occupy more than 45% of the available floor space and may not be used for storage of goods or wares or materials and supplies normally utilized in the conduct of the business to which the 55% or any portion thereof of the structure is devoted;
C.
The dwelling area may only be occupied by the persons owning the building or structure and operating the business in the 55% of the building and the family of any such person, "family" being limited to spouse of the owner and children, as well as any stepchild or ward legally in the custody of the owner or the owner's spouse;
D.
There shall be a wall dividing the front portion where the business is located from the rear portion where the dwelling area is located, said wall to have a 1 hour or greater fire rating and containing not more than 2 doors opening into the business area, each door being a solid core door;
E.
One or more separate rear entrances are provided for the dwelling area and are not used for ingress or egress by the public to gain entrance to the business area located in the front of the structure;
F.
At least 1 off street parking space is provided on the zoned premises at the rear of the building generally not for use by the public, but rather for the general parking of the building owner/business owner's personal vehicle;
G.
The owner of the building/business establishment gives written permission at the time the certificate of occupancy is applied for permitting the code compliance officer to make an annual inspection of the premises, such annual inspection to be conducted during reasonable business hours for the purpose of determining that the structure, including the interior dividing wall between the business and the dwelling portions of the first floor of the structure, meets all applicable City ordinances, and all other requirements as set forth previously herein, are being met on an ongoing basis; and
H.
The building owner/business owner executes an agreement in a form provided by the City, at the time application is made for a certificate of occupancy, that the dwelling area shall be occupied only so long as the business establishment continues to be in operation and open to the public on an ongoing basis; that once the business establishment ceases to be open to the public on an ongoing basis, that the structure owner/business owner agrees to vacate the dwelling area within a period not less than 3 months after receiving written notice from the code compliance officer that the business has been deemed no longer to meet the previous stated requirements of being open to the public on an ongoing basis; that the dwelling area shall not again be occupied unless it is by a person meeting all the aforesaid qualifications; and that the building owner/business owner shall be subject to a fine as provided in Title 1, Chapter 1-4, of this Code for each day the dwelling area is occupied after the period ending 3 months from the date written notice is given to the structure owner/business establishment owner that the business is no longer deemed to comply with the requirements as previously stated herein.
I.
A fine as provided in Title 1, Chapter 1-4, of this Code for each day a violation of this entry, "Dwellings", occurs is hereby adopted. Each day that a violation occurs shall be considered a separate violation of this title.
Fire and/or police station
Food market
Furniture store
Gift shop
Government offices
Hardware store
Insurance and/or real estate office
Laundromat
Law offices
Medical and/or dental office
Newspaper or printing shop
Parking lot
Places of amusement and assembly
Restaurant
Shoe repair shop
Sporting goods shop
Tavern and/or liquor store
Variety store
(Note: Permitted uses in this district as well as in the C-2 highway-oriented district, to the extent that this list of permitted uses is included, all or any portion hereof, in the list of permitted uses of said district, shall not be deemed to include storage or warehouse uses other than in connection with another otherwise permitted use of the property within the district, said permitted use being required to exist on the same premises, i.e., for example a retail or wholesale business on the premises, at least a portion of which premises is devoted to a display and sales area while the rest may essentially involve storage or warehousing of the goods available for sale or distribution.)
[1975 Code § 21.12; amended by Ord. 04-10-02-51, 10-18-2004]
Other uses of the same general character and compatible with those listed in Section 10-7A-2 of this article may be permitted upon review by the zoning board of appeals in accordance with the provisions of Section 10-2-4 of this title.
[1975 Code § 21.12; amended by 2003 Code]
A. 
Building Height And Setbacks:
1. 
Building Height: No building or structure shall exceed three stories or 35 feet in height except as herein provided.
2. 
Setback Requirements: No building shall encroach upon the following setbacks:
a. 
Front yard: Zero feet.
b. 
Rear yard: 10 feet.
c. 
Side yard: No minimum except where adjoining a residential district, then the same as the R-1 residential district 10 feet.
B. 
Lot Area And Additional Yard Requirements:
1. 
Lot area: No minimum.
2. 
Lot width: No minimum.
[1975 Code § 21.12]
Business signs and advertising devices are permitted subject to the following conditions:
A. 
Location:
1. 
No sign shall be permitted within 20 feet of any residential district boundary line.
2. 
No freestanding business or advertising sign shall be erected or relocated within 15 feet of any street or highway right of way, within three feet of any driveway or parking area, or within 25 feet of the intersection right of way of two or more streets.
[Amended by 2003 Code]
3. 
Signs on awnings shall be exempt from the limitations imposed by this title on the projection of signs from the face of the wall of any building or structure; provided, that any sign located on an awning shall be affixed flat to the surface thereof and shall indicate only the name and/or address of the establishment. No such sign shall extend vertically or horizontally beyond the limits of said awning.
B. 
Illumination: Signs may have constant or flashing illumination; provided, that any such signs that are located in direct line of vision of any traffic control signal shall not have contrasting or flashing intermittent illumination of red, green, or amber color. Where a sign is illuminated by light reflected upon it, direct rays of light shall not beam upon any part of any building, nor into a residential district or into any street.
C. 
Area: The gross surface area in square feet of all signs on a lot shall not exceed three times the linear feet of frontage on such lot. Each side of the lot that abuts upon a street may be included as separate frontage.
D. 
Projections: No sign shall project more than four feet from the face of the wall of any building or structure, nor project higher than the building height.
[Ord. 153, 9-8-1981; amended by 2003 Code; Ord. 04-10-02-51, 10-18-2004]
Dwelling structures and structures accessory thereto in existence on February 18, 1975, may be enlarged, extended or altered even though such enlargement, extension or alteration is not done pursuant to making the structure or its use conform with the requirements of this district. Such enlargement, extension or alteration shall be made in accordance with the applicable provisions for yards, setback requirements, height regulations, lot area, frontage and sign regulations as are set forth in this article and off street parking requirements as are set forth in Chapter 10-11 of this title. In all other respects, dwelling structures in this district shall be deemed nonconforming uses and shall be subject to all provisions of this title regarding nonconforming uses and structures. The nature of this zoning district and the uses allowed by both permitted and special use preclude the provision of services, amenities and protection from other land uses which are afforded to residential uses by the regulations of the residence districts, and it is not intended that the regulations of this zoning district afford such services, amenities and protection to residential uses located therein.
[1975 Code § 21.13]
The purpose of the C-2 highway-oriented commercial district is to provide an area for those retail and wholesale businesses and services which generate relatively high traffic, require large tracts of land, and require a location outside the central commercial district.
[1975 Code § 21.13; amended by Ord. 224, 11-5-1984; amended Ord. 04-10-02-51, 10-18-2004]
The following uses are permitted in the C-2 highway-oriented commercial district:
All permitted uses in the C-1 district, except taverns and liquor stores (unless by special permitted use in accordance with this title)
Automobile and truck sales
Automobile service stations
Building materials sales (no assembly, construction, millwork or manufacture)
Concrete products sales (no assembly, construction, millwork or manufacture)
Drive-in establishments, except drive-in theaters, drive-in taverns and drive-in liquor stores
Express, cartage and trucking facilities
Farm implement sales and service
Frozen food lockers
Garages and auto servicing
Hotels and motels
Laundry and dry cleaning plants
Metal products sales
Motorcycle sales and service
Plumbing and heating shop
Theaters, except drive-in type
Truck stop
[1975 Code § 21.13; amended by Ord. 04-10-02-51, 10-18-2004]
Other uses of the same general character and compatible with those listed in Section 10-7B-2 of this article may be permitted upon review by the zoning board of appeals in accordance with the provisions of Section 10-2-4 of this title.
[1975 Code § 21.13; amended by Ord. 583, 2-20-1995; 2003 Code]
A. 
Building Height And Setback Requirements:
1. 
Building Height: No building or structure shall exceed three stories or 35 feet in height except as herein provided.
2. 
Setbacks:
a. 
Front: 60 feet from center of right of way or 25 feet from property line, whichever is greater. Any lot located on a corner shall be deemed to have front yards on both sides of the lot adjacent to the street. Both front yards shall be required to meet the front yard requirements set forth in this Subsection A2a.
b. 
Rear: 10 feet.
c. 
Side: 10 feet, on one side only.
B. 
Lot Area And Additional Yard Requirements:
1. 
Lot area: No minimum.
2. 
Lot width: No minimum.
[1975 Code § 21.13; amended by 2003 Code]
Business signs and advertising devices are permitted subject to the following conditions:
A. 
Location:
1. 
No sign shall be permitted within 20 feet of any residential district boundary line.
2. 
No freestanding business or advertising sign shall be erected or relocated within 15 feet of any street or highway right of way, within three feet of any driveway or parking area, or within 25 feet of the intersection right of way of two or more streets.
3. 
Signs on awnings shall be exempt from the limitations imposed by this title on the projection of signs from the face of the wall of any building or structure; provided, that any sign located on an awning shall be affixed flat to the surface thereof and shall indicate only the name and/or address of the establishment. No such sign shall extend vertically or horizontally beyond the limits of said awning.
B. 
Illumination: Signs may have constant or flashing illumination; provided, that any such signs that are located in direct line of vision of any traffic control signal shall not have contrasting or flashing intermittent illumination of red, green, or amber color. Where a sign is illuminated by light reflected upon it, direct rays of light shall not beam upon any part of any building, nor into a residential district or into any street.
C. 
Area: The gross surface area in square feet of all signs on a lot shall not exceed three times the linear feet of frontage on such lot. Each side of the lot that abuts upon a street may be included as separate frontage.
D. 
Projections: No sign shall project more than four feet from the face of the wall of any building or structure, nor project higher than the building height.
[Ord. 153, 9-8-1981; amended by 2003 Code; Ord. 04-10-02-51, 10-18-2004]
Dwelling structures and structures accessory thereto in existence on February 18, 1975, may be enlarged, extended or altered even though such enlargement, extension or alteration is not done pursuant to making the structure or its use conform with the requirements of this district. Such enlargement, extension or alteration shall be made in accordance with the applicable provisions for yards, setback requirements, height regulations, lot area, frontage and sign regulations as are set forth in this article and off street parking requirements as are set forth in Chapter 10-11 of this title. In all other respects, dwelling structures in this district shall be deemed nonconforming uses and shall be subject to all provisions of this title regarding nonconforming uses and structures. The nature of this zoning district and the uses allowed by both permitted and special use preclude the provision of services, amenities and protection from other land uses which are afforded to residential uses by the regulations of the residence districts, and it is not intended that the regulations of this zoning district afford such services, amenities and protection to residential uses located therein.