Code reviser’s note: At the Town’s request, Section 17.64.070, Loading and unloading regulations, has been deleted to reflect Ord. 19-419’s amendment of Chapter 17.104.
The principal purpose of this zoning district is to provide for shops and services in convenient locations to meet the daily needs of families in the immediate residential neighborhoods and wholesaling or distribution activities in locations where there is adequate access to major streets or highways. Principal uses permitted in this zoning district include retail commerce, commercial entertainment, and some uses of a light manufacturing nature. This chapter is not intended to allow uses which would impose hazards or a nuisance to adjacent or other properties by reason of smoke, soot, odor, noise, glare, fumes or other conditions that would adversely affect the public health, safety or welfare.
(Ord. 90-82 § (1)(1401); Ord. 06-287; Ord. 15-393 § 1 (part))
A. 
Any use permitted in the R-3 zoning district is subject to all the regulations specified in the use regulations for such R-3 zoning district unless the use is otherwise regulated in this chapter;
B. 
Any use permitted in the C-R zoning district;
C. 
Antique stores;
D. 
Art and dance instruction and art galleries;
E. 
Art shops;
F. 
Automobile laundries, provided steam cleaning is confined to a completely enclosed building;
G. 
Automobile parts and supplies, but not including the dismantling and sale of used parts from vehicles on the premises;
H. 
Automobile repair shops or public garages, provided heavy repairs and objectionable activities are conducted within a completely enclosed building or a work area which is fully screened from view from any public street or surrounding property. Such screening shall be approved by the Design Review Board. Heavy repairs and objectionable activities are considered to include, but are not limited to, engine overhaul, replacement of transmission or drive train, steam cleaning, body and fender work, or incidental painting. Incidental repairs and nonobjectionable activities which would not impose hazards or a nuisance to adjacent or other properties may be conducted outside the building or screened area. Any automobile repair shop or public garage existing at the time of passage of the ordinance codified in this chapter shall be classified as a nonconforming use subject to the terms and conditions of Chapter 17.112;
I. 
Automobile sales and rentals including display room;
J. 
Awning and canvas stores;
K. 
Banks;
L. 
Bakeries and candy stores, including the manufacturing of bakery and candy products for on-site retail sales only;
M. 
Barber and beauty shops;
N. 
Bars and liquor stores;
O. 
Baths, Turkish, including masseurs;
P. 
Blueprinting and photostating establishments;
Q. 
Boat sales;
R. 
Book, stationery and gift stores;
S. 
Bowling alleys;
T. 
Catering establishments;
U. 
Clock and watch repair shops;
V. 
Clothing and costume rentals;
W. 
Clothing and dry goods stores;
X. 
Craft shops which include ceramics, mosaics, fabrics, jewelry, leather goods, silk screening, dress designing, sculpturing, and wood carving;
Y. 
Dance halls and nightclubs;
Z. 
Day nurseries and nursery schools;
AA. 
Delicatessen stores;
BB. 
Drive-in restaurants and refreshment stands;
CC. 
Drugstores and soda fountains;
DD. 
Electrical shops;
EE. 
Equipment rentals and sales, provided all repairs, reconditioning or rebuilding are in compliance with subsection H of this section;
FF. 
Feed stores;
GG. 
Florist shops;
HH. 
Funeral homes and chapels;
II. 
Furniture stores;
JJ. 
Gasoline service stations;
KK. 
Grocery stores and meat markets, provided there is no slaughtering of animals or poultry on the premises;
LL. 
Hardware stores, appliance stores and indoor lumber sales;
MM. 
Ice cream stores;
NN. 
Jewelry stores;
OO. 
Key and gun shops, including incidental repair work;
PP. 
Laundry agencies and self-service laundries;
QQ. 
Medical marijuana cultivation in conformance with the requirements of Chapter 17.102, Medical Marijuana;
RR. 
Medical marijuana dispensary in conformance with the requirements of Chapter 17.102, Medical Marijuana;
SS. 
Miniature golf courses;
TT. 
Music conservatory and music instruction;
UU. 
Offices;
VV. 
Paint and wallpaper stores;
WW. 
Parking lots;
XX. 
Pet shops, not involving treatment or boarding;
YY. 
Photographers and artists’ studios;
ZZ. 
Pool halls;
AAA. 
Private schools operated as a commercial enterprise;
BBB. 
Precision and musical instrument repair shops, including optical repair;
CCC. 
Radio and television broadcasting stations and studios, but not including transmitter towers and stations;
DDD. 
Radio and television stores and repair shops;
EEE. 
Restaurants and cafes;
FFF. 
Retail stores;
GGG. 
Shoe repair shops;
HHH. 
Tailor shops;
III. 
Taxidermists;
JJJ. 
Used car and truck sales lots;
KKK. 
Variety stores;
LLL. 
Veterinary clinic, not involving boarding of animals;
MMM. 
Accessory building and uses customarily incidental to the above stores, does not include public warehousing or mini-storage complexes; and
NNN. 
Other similar uses as determined by the Director and/or the Planning and Zoning Commission.
(Ord. 90-82 § (1)(1402); Ord. 95-106 (part); Ord. 06-287; Ord. 11-346 § 2; Ord. 15-393 § 1 (part))
Building height shall not exceed thirty-five (35) feet in height from grade to the highest point on the roof, unless otherwise provided in Section 17.104.050.
(Ord. 90-82 § (1)(1403); Ord. 99-167, § 1; Ord. 06-287; Ord. 15-393 § 1 (part))
A. 
Front Yard. Along Highway 260 there shall be a twenty (20) foot front yard requirement. Native trees and vegetation must be used to establish a forest landscaping theme. Landscaping plans shall be developed in accordance with the landscaping regulations of the Town. Parking is not allowed in front yard setbacks.
B. 
Side Yard.
1. 
There shall be a side yard having a width of not less than three (3) feet.
2. 
If a lot is occupied by a dwelling, there shall be a side yard on each side of the dwelling having a width of not less than five (5) feet.
3. 
Where a lot is adjacent to a rural or residential zoning district, there shall be a side yard on the side of the lot adjacent to such rural or residential zoning district having a width of not less than fifteen (15) feet.
4. 
Where a corner lot abuts a rural or residential zoning district, whether or not separated by an alley, there shall be a side yard on the street side of such corner lot having a width of not less than ten (10) feet.
C. 
Rear Yard.
1. 
There shall be a rear yard having a depth of not less than five (5) feet.
2. 
Where a lot abuts a rural or residential zoning district, whether or not separated by a public street or alley, there shall be a rear yard having a depth of not less than twenty (20) feet.
3. 
If a lot is occupied by a dwelling, there shall be a rear yard having a depth of not less than fifteen (15) feet, or in the case of a legally recorded undersized lot or parcel fifteen (15%) percent of the total lot depth.
(Ord. 90-82 § (1)(1404); Ord. 15-393 § 1 (part))
The intensity of use regulations are as follows:
A. 
Lot Area. Any lot shall have a minimum lot area of six thousand (6,000) square feet.
B. 
Lot Width. Any lot shall have a minimum width of sixty (60) feet.
C. 
Lot Coverage. The maximum lot coverage shall be fifty (50%) percent of the lot area.
(Ord. 90-82 § (1)(1406); Ord. 15-393 § 1 (part))
The additional regulations are as follows:
A. 
Any use including incidental or accessory storage, not within a completely enclosed building, shall be screened from adjoining rural or residential zoning districts by a solid fence or wall at least six (6) feet in height.
B. 
Any lighting shall be placed so as to reflect the light away from adjoining rural or residential zoning districts.
C. 
No uses which would impose hazards or create a nuisance to adjacent or other properties by reason of smoke, soot, odor, noise, glare, fumes or other conditions that would adversely affect the public health, safety or welfare shall be allowed in the C-1 zone. A court may order the owner of property to abate any such hazard or nuisance in a civil or criminal proceeding in addition to any other sanctions or penalties authorized by this Town Code or other applicable law.
D. 
Every person who owns a business, building, or structure in a commercially zoned area shall keep and maintain the land, building, or structure in a manner that is free of deterioration.
(Ord. 90-82 § (1)(1407); Ord. 15-393 § 1 (part); Res. 23-1648 (Exh. A); Ord. 23-456 § 1)