Section 29-14 District C-1, intermediate business district.


    (a) Purpose. This district is intended to provide commercial shopping and service facilities in or near a residential neighborhood. The principal land use is a small shopping area with sales and services oriented to the needs of a local population.

    (b) Permitted Uses. In district C-1, no building, land or premises shall be used and no building shall be hereafter erected, constructed, reconstructed or altered, except for one or more of the following uses (for exceptions, see section 29-28, Nonconforming Uses, and section 29-31, Board of Adjustment):

All permitted uses in district O-1.

Alcoholic beverage sales by the package or as an accessory use to a restaurant.

Alcoholic beverage sales in the original package or by the drink on licensed premises shall be permitted in restaurants or similar places where substantial quantities of food are served, all in compliance with the alcoholic beverage regulations of chapter 4 of this Code.

Barber and beauty shops.

Buildings and premises for public utility services or public service corporations.

Cleaning, pressing and dyeing establishments, provided that no explosive cleaning fluids shall be used.

Laundries, coin-operated.

Pet stores and grooming shops, for small animals.

Photographic service shops and studios.

Physical fitness centers, private gymnasiums and reducing salons.

Printing shops, provided the total mechanical power used in the operation of such printing plant shall not exceed five (5) horsepower.

Radio and television sales and service.

Repair of household appliances.

Restaurants, cafes or cafeterias, which provide no form of entertainment.

Restaurants, cafes or cafeterias which provide live or recorded music, provided that such music is played indoors only and further provided that the music from any such restaurant, cafe or cafeteria shall not be plainly audible at the property line of the property on which the building housing such restaurant, cafe or cafeteria is located.

Schools operated as a business, except trade schools.

Shoe repair shops.

Stores, shops and markets for retail trades, provided merchandise is not displayed, stored or offered for sale on the premises outside a building in the required front yard or in any side or rear yard adjacent to a residential zoning district.

Accessory uses, including drive-up facilities, customarily incidental to any of the above uses.

Customary accessory uses, including drive-up facilities, subject to the provisions of section 29-27 of this chapter.

    (c) Conditional Uses. The following uses shall be permitted in district C-1 only after the issuance of a conditional use permit pursuant to the provisions of section 29-23:

Assembly or lodge halls.

Bakeries.

    Car washes, coin-operated or attendant-operated.

Halfway houses for not more than fifteen (15) occupants, provided that the board finds that the proposed use would not be detrimental to the public interest considering the size and character of the proposed facility and its proximity to schools, churches, mosques, synagogues, residences, other halfway houses and halfway houses for young offenders for not more than forty (40) occupants.

Halfway houses for young offenders for not more than forty (40) occupants, provided that the board finds that the proposed use would not be detrimental to the public interest considering the size and character of the proposed facility and its proximity to schools, churches, mosques, synagogues, residences, halfway houses and other halfway houses for young offenders.

Hospitals for small animals, if within an enclosed building.

     Research and development laboratories, provided there is minimal/insignificant use of hazardous materials based on a risk assessment.

Self-service storage facilities, subject to the following conditions:

    (1)    All storage shall be kept within an enclosed building, except recreation or other oversized vehicles, compressed flammable gas tanks, or gasoline containers in excess of two (2) gallons, which shall be stored only in exterior areas screened from the view from any street frontage.

    (2)    Where the site is adjacent to residentially-zoned land, a permanent screen shall be required and shall conform to the provisions of section 29-17(d)(6).

    (3)    Storage of feed, fertilizer, grain, soil conditioners, pesticides, chemicals, explosives and other hazardous materials, asphalt, brick, cement, gravel, rock, sand and similar construction materials, inoperable vehicles, or bulk storage of fuels shall be prohibited.

    (4)    The use of power tools, paint sprayers, or the servicing, repair or fabrication of furniture, boats, trailers, motor vehicles, lawn mowers, appliances and other similar equipment shall be prohibited.

    (5)    The sale of any item from the facility or the conduct of any type of commercial activity at the facility shall be prohibited.

    (6)    Building heights shall be limited to fourteen (14) feet.

    (7)    Loading docks shall be prohibited.

Service stations, provided all fuel storage tanks are located underground.

Trade schools.

    (d) Height and Area Regulations. In district C-1 any building or portions of a building hereafter erected, constructed, reconstructed or altered shall be subject the following regulations (for exceptions see section 29-26, Height and Area Exceptions):

    (1)     Lot size. No minimum requirement.

    (2)     Yards:

        a.    Front--Not less than twenty-five (25) feet.

        b.    Rear--Not less than ten (10) feet, except that no rear yard is required where the lot line of the rear yard abuts property in a nonresidential district.

        c.    Side--No minimum requirement, except that:

            1.    On corner lots there shall be a side yard adjacent to the side street of not less than fifteen (15) feet; and

            2.    Where a C-1 district abuts any residential district, there shall be a side yard of not less than ten (10) feet.

    (3)     Height. Not over thirty-five (35) feet.

    (4)     Vision. On any corner lot on which a front or side yard is required, no wall, fence, sign, or other structure or no plant growth of a type which would interfere with traffic visibility across the corner shall be permitted or maintained higher than three (3) feet above the curb level, within fifteen (15) feet of the intersection of the street right-of-way lines.

    (5)     Parking. (See section 29-30, Off-Street Parking and Loading.)

(Code 1964, § 19.162; Ord. No. 9958, § 1, 10-3-83; Ord. No. 10041, § 1, 1-3-84; Ord. No. 11702, § 1, 12-7-87; Ord. No. 13260, § 1, 3-16-92; Ord. No. 13526, § 1, 12-7-92; Ord. No. 13543, § 1, 12-21-92; Ord. No. 14777, § 1, 3-4-96; Ord. No. 15134, § 1, 2-3-97; Ord. No. 17667, § 1, 5-5-03)


(Ord. 17667, Amended, 05/05/2003, Prior Text; 15134, Amended, 02/03/1997, Prior Text)