The Commercial Districts set forth herein are established to
protect public health, to promote public safety, comfort, convenience,
and the general welfare, and to protect the economic base of the City
and the value of property. These general purposes include, among others,
the following specific objectives:
(A) To promote the most desirable use of land in accordance with a well-considered
plan so that adequate space is provided in appropriate locations for
the various types of business uses, thereby protecting and strengthening
the economic base of the City.
(B) To place in separate districts those businesses which may create
noise, odors, hazards, unsightliness, or which may generate excessive
traffic.
(C) To permit selected business uses in districts where adjacency to
or inclusion in a residential area has sufficient elements of service
or convenience to such areas to offset the disadvantage.
(D) To encourage the grouping in appropriate locations of compatible
business uses which will tend to draw trade that is mutually interchangeable
and to promote public convenience and business prosperity and contribute
to the alleviation of traffic and pedestrian congestion.
(E) To provide for the establishment of off-street parking facilities,
permitted and required, so as to alleviate traffic congestion and
so promote shopping convenience and business prosperity.
The regulations set forth in this article, or set forth elsewhere
in this chapter when referred to in this article, are the regulations
in the D Commercial Districts.
[Amended 11-22-2016 by Ord. No. 7-2016; 10-26-2021 by Ord. No. 6-2021; 3-8-2022 by Ord. No. 2-2022]
The uses permitted in the D Commercial District shall be limited
to commercial retail stores, commercial establishments, service establishments,
and professional offices that generate sales tax revenues, maintain
the City's property tax base, and allow for convenient locations for
the public to shop, obtain services and conduct business. All tax
exempt uses, residential uses and uses otherwise permitted or allowed
as a special use in a residential zoning classification are expressly
prohibited. The following uses are permitted in the D Commercial District:
(A) Automobile service stations, excluding automobile repair as defined.
(B) Bakeries whose products are sold at retail on the premises.
(C) Banks, including approved drive-through facilities.
(D) Barber shops or beauty parlors.
(E) Commercial schools or dancing or music academies.
(G) Electronics and shoe repair shops.
(H) Messenger or telegraph service stations.
(I) Professional or medical offices.
(J) Commercial paint and decorating shops.
(K) Commercial photograph galleries.
(L) Commercial physical fitness facilities.
(M) Restaurants and eating and drinking establishments.
(N) Salesrooms or showrooms, except any person or entity who or which
is engaged in the business of dealing in firearms or firearms ammunition
shall not be located within one mile of the grounds of any school
or public park. For purposes of this article, a "person or entity
who or which is engaged in the business of dealing in firearms" shall
be defined as one engaged in the business of selling firearms or ammunition
at wholesale or retail, whether or not such business constitutes the
principal business of such person or entity.
(O) Stores or shops for the conduct of a retail business.
(S) Laundromats and dry cleaning.
(V) Medical clinic buildings.
(W) Cannabis dispensing organizations.
[Added 3-8-2022 by Ord.
No. 2-2022]
The following uses, be them principal or as an accessory use,
shall be considered special uses in the D Commercial District and
shall not be developed or used without a special use permit:
(A) Public utility yards and facilities.
(B) Retail establishments similar to, but not specifically listed, as
a permitted use in the D Commercial District.
(D) Commercial undertaking establishments.
(E) Parking lots accessory to a principal use located on another lot,
but only if located not more than 300 feet from the principal lot.
(F) Radio towers and radio broadcasting stations.
(G) Firearms dealers less than one mile from any school or public park,
but in no case shall any firearms dealers be located within 500 feet
of any school or public park.
(H) Pawn shops or business operating as a pawnbroker. However, no pawn
shop or business operating as a pawnbroker shall be located within
300 feet of an existing pawn shop or business operating as a pawnbroker,
an establishment licensed to sell alcoholic beverages, or land zoned
for residential use.
Accessory buildings customarily incidental to the above uses
are permitted.
There shall be two square feet of parking area for each square
foot of floor area. All parking requirements of the Americans with
Disabilities Act and all other anti-discrimination laws must be met.
No building shall exceed 2 1/2 stories or 35 feet in height.
[Amended 3-9-2004 by Ord.
No. 1-2004]
The lawful use of land for storage purposes which does not conform
to the provisions of this chapter shall be discontinued within one
year from the date of the approval of this chapter and the same uses
of land which become nonconforming by reason of a subsequent change
in this chapter shall be discontinued within one year from the date
of the change.