§ 27-464. C-1 limited business district.

(a)

Generally. The purpose of the C-1 limited business district is to accommodate retail and service establishments that serve, for the most part, a limited, definable trade area and may have close relationships with the residential areas they serve. The size of buildings, the peak hour flow of traffic, the size and prominence of signs and the amount of noise and commotion created are assumed to be moderate to low in scale compared to regional shopping centers and highway-oriented businesses. Clusters or centers on major intersections are preferable to strip patterns. This section applies to the C-1 limited business district.

(b)

Permitted uses. The sale of products and offering of services in this district are regulated both by performance standards and by enumeration of uses that are permitted. The following list is not all-inclusive, but rather establishes a descriptive and typical range of activities that are appropriate in this district. All uses must be operated in conformance with the performance standards that follow:

(1)

Buildings to accommodate the sale of items such as and similar to:

a.

Antiques, jewelry, glassware, artwork, hobby supplies, gifts, flowers, novelties.

b.

Auto accessories.

c.

Books, paper products, office supplies, cameras.

d.

Sporting goods, music supplies and instruments, bicycles, pets.

e.

Foods and beverages, including consumption on the premises.

f.

Department store merchandise.

g.

Hardware, paint, toys, electronic devices, household appliances and furnishings.

h.

Clothing, shoes, pharmaceuticals and eyeglasses.

(2)

Services such as all uses permitted in the C-0 district under the requirements and performance standards of that district, including offices for administrative functions, medicine, dentistry, law, philanthropic organizations, counseling, insurance, real estate, securities, and preschools and day care centers.

(3)

Additional uses such as:

a.

Barbershops and beauty shops, churches, commercial parking lots.

b.

Dry cleaning shops, self-service laundry and pick-up stations.

c.

Dwellings, single-family under the R-1 requirements and two-family under the R-2 requirements.

d.

Financial institutions, health studios and centers.

e.

Locksmiths, shoe repair shops.

f.

Places of assembly for no more than 50 people to be rented out for a period of a week or less.

g.

Printing, arts and handicrafts, tailoring and dressmaking.

h.

Schools of a nonacademic nature, including vocational and trade schools, and training centers.

i.

Servicing of household appliances and small household equipment normally utilized within the home.

j.

Small animal hospitals and clinics.

k.

Theatres and commercial recreation, except those uses listed in less restrictive districts or in section 27-579.

(c)

Performance standards. No use of land or buildings in this district shall be allowed to exceed or violate the following standards:

(1)

All sales, services and storage shall be conducted within a fully enclosed building. No product may be handled or service rendered which cannot be accommodated within a building at all times, except that accessory storage and sale of landscaping and gardening supplies may occur outside during the spring planting season, and Christmas trees may be left outside during the period of sale if they do not reduce the capacity of a parking lot below that required by ordinance.

(2)

No use, occupant, equipment or operation shall produce noise that is of higher pitch or volume than that which normally prevails in the surrounding neighborhood. No public address, paging or music system shall be used which can be heard outside the building.

(3)

Beverages containing alcohol may be consumed on the premises only when food is also served on the premises. The sale of such beverages containing alcohol must total less in annual dollar volume than the sale of food. Private clubs are permitted in this district only by special use permit.

(4)

No drive-in or drive-through service directly to persons in automobiles is permitted where food and beverages are served.

(5)

A maximum of three vehicle fuel pumps may be provided where convenience food products are sold in a building having at least 1,000 square feet devoted to such convenience sales.

(6)

Sale of auto accessories shall be limited to those that do not require and do not normally involve installation in or on the vehicle on the premises. Tire and battery sales, transmission repair, body work and similar products and services are not allowed in this district.

(7)

Sales of products shall generally be directly to the ultimate consumer. Wholesale sales or the handling in bulk form of the products or merchandise specified herein is not intended.

(8)

No use is permitted that involves the parking, keeping, storage or continued presence of trucks of over 18,000 pounds GVWR, semitrailer rigs, contractor's equipment or large-scale items or materials. This does not apply to vehicles making normal deliveries or trips to serve the property.

(9)

Retail businesses with parking areas or other outside customer-oriented areas within 100 feet of any residence shall restrict hours of operation to between 6:00 a.m. and 1:00 a.m. of the following day.

(d)

Height and area standards. All buildings and other uses of land shall conform to the following minimum standards:

(1)

Height shall be not more than two stories or 35 feet.

(2)

Setback from property lines shall be as follows:

a.

Front yard: Not less than 15 feet.

b.

Side yard, interior: None, except where a property in this district abuts a zoning district wherein a setback is required, then that same setback shall be provided on that property in this district.

c.

Side yard, corner: Not less than 15 feet.

d.

Rear yard: None, except when abutting property is used for or zoned for residential use a rear yard of no less than 15 feet shall be provided.

e.

For parking and other paved areas: Not less than six feet from any property line.

For additional standards and information, see division 8 of this article.

(e)

Parking standards. Uses in this district require paved off-street parking spaces at a ratio of not less than four spaces per 1,000 square feet of floor area in the building. For additional standards and information, see division 9 of this article.

(f)

Signs. Signs are permitted in this district but are limited in size, number, location and type of illumination. Two wall signs and one detached sign are permitted each building. For additional standards and information, see division 11 of this article.

(g)

Landscaping and screening. A reasonable amount of landscaping is required on all projects in this district, with emphasis being placed on screening or otherwise softening the visual impact of parking or unsightly areas. Such features shall be depicted on a properly prepared plan. Trees are required at not less than one per 7,000 square feet of site area. Six-foot high architectural or landscape screening is to be provided along all side and rear property lines common to or across an alley from residentially zoned property. For additional standards and information, see division 10 of this article.

(h)

Planned zoning. All rezoning cases are reviewed relative to likely impacts of the proposed use on neighboring property and on the community in general. It is recognized that the manner in which a building is designed and located on a site, the visual perception of the project by nearby property owners, and the way that vehicular traffic and surface water are handled are important to the public welfare, yet may vary widely within the framework of these regulations and standards. Many such critical issues can be resolved in the public interest at the time of rezoning by use of the planned zoning process. This process involves submittal and approval of development plans at the time of zoning, a practice that may enhance neighborhood relationships and minimize traffic and other impacts on the public in general. The planned zoning equivalent to this district is CP-1 and the procedures are set out in section 27-212.

(i)

Building conversion. No building that was designed and constructed as a residential building shall be converted for commercial use, except that a residential building may be converted for office use under the conditions set out in section 27-463(i).

(Code 1988, § 27-1169; Ord. No. 64690, § 1(27-41), 8-30-1984; Ord. No. 64884, § 5, 10-3-1985; Ord. No. 65417, § 12, 4-6-1989)