§ 15. C-2 Community Commercial Zone.
A.
The regulations set forth in this section, or set forth elsewhere in this ordinance, when referred to in this section, are the regulations in the C-2 Community Commercial Zone. The purpose of this zone is to provide for commercial uses and to regulate such uses in such a manner as to provide for appropriate community commercial uses.
B.
Use Regulations. A building or premises shall be used only for the following purposes. All uses customarily incidental to the building and premises shall be maintained on site.
1.
Prohibited Uses.
a.
Any use not designated a permissive use or conditional use in this zone, unless otherwise authorized by this Code; or
b.
Any use not recognized as customarily incidental to a permitted use in the zone.
2
Permissive Uses:
a.
Any permissive and conditional use allowed and as regulated in the C-1 Neighborhood Commercial Zone, with the exception of apartments and multiple single family dwellings, and the following permissive uses:
(1)
Bus or rail passenger terminal.
(2)
Garage for automotive repair, provided it complies with the following:
(a)
Any automotive repair, including paint and body work, shall be conducted within a completely enclosed building located at least 20 feet from any A-1, A-2, R-1, R-2, or M-H property.
(b)
Storage of not more than five automobiles awaiting repair shall be permitted provided that the outdoor area in which such cars are stored shall be enclosed by a solid wall or fence at least six feet high.
(3)
Hotel or motel.
(4)
Indoor amusement enterprise including auditorium, billiard or pool hall, bowling alley, boxing arena, dancehall, game of skill, theater, penny arcade, shooting gallery, skating rink, swimming pool.
(5)
Retail store business, or shop in which products may be manufactured, compounded, processed, assembled, or treated, incidental to the retail operation including carpentry, ceramics, fabric cutting and sewing, furniture making, upholstering, sign painting, making of rubber or metal stamps, interior decorating, catering, baking, confectionery making, weaving, or jewelry or curio making, provided it complies with the following requirements:
(a)
All activities shall be conducted within a completely enclosed building, and any outside storage shall be enclosed by a six-foot solid wall or fence.
(b)
The number of persons engaged in the manufacturing, processing, assembling, or treating of products shall be limited to ten, excluding office, clerical, or delivery personnel.
(c)
Any such store shall be operated principally as a retail business.
(d)
Activities or products shall not be objectionable due to odor, dust, smoke, noise, vibration, or other cause.
(6)
Retailing of any consumer product and provision of any customer, personal, or business service, provided it is not listed as a conditional use in this zone, and with the following limitations:
(a)
Automobile, truck, trailer, recreational vehicle, motorcycle, and all terrain vehicle sales, provided that any such area be surfaced with higher-type paving, and a solid wall or fence six feet high shall be maintained along any side of such are abutting or contiguous to any A-1, A-2, R-1, R-2, or M-H zone.
(b)
Auto, trailer, recreational vehicle, motorcycle, and all terrain vehicle, and truck rental, service, or storage, provided the lot is graded and surfaced as follows:
1.
Blacktop or equal. Two inches of asphaltic concrete on a prime coat and a four inch compacted subgrade, or a surface of equal or superior performance characteristics.
2.
Such paving shall be maintained level and serviceable.
3.
Such vehicles shall not exceed 35 feet in length, 12 feet in height, or have a registered gross vehicle weight capacity of 26,000 pounds. The body if trailers shall not be over 14 feet long unless it is a recreational vehicle.
4.
No such vehicles shall be truck tractors or road tractors.
5.
Parked or stored vehicles shall not cover more than 25 percent of the premises.
6.
A fence or wall which prevents vehicles from extending beyond the property line shall be erected. However, if the wall or fence plus retaining wall would have an effective height of over eight feet on the residential side, the Zoning Administrator shall decide the required height; such decision shall be made by the same process and criteria required for a conditional use.
(c)
Trucks and trailers parked outdoors for rental or storage, provided:
1.
Such vehicles shall not exceed 35 feet in length, 12 feet in height, or have a registered gross vehicle weight capacity of 26,000 pounds. The body of trailers shall not be over 14 feet long unless it is a recreational vehicle.
2.
No such vehicles shall be truck tractors or road tractors.
3.
Parked or stored vehicles shall not cover more than 25 percent of the premises.
4.
A fence or wall which prevents vehicles from extending beyond the property line shall be erected. However, if the wall or fence plus retaining wall would have an effective height of over eight feet on the residential side, the Zoning Director shall decide the required height; such decision shall be made by the same process and criteria required for a conditional use.
(d)
Drive-in restaurant or refreshment stand, provided the site is enclosed by a solid wall or fence six feet high on all sides abutting or contiguous to A-1, A-2, R-1, R-2, or M-H property, provided there are no audible devices.
(e)
Furniture, hardware, or home appliance store.
(f)
Hospital for animals, kennels.
(g)
Lumberyard and building material sales (retail) provided all storage is within a building or enclosed by a six-foot solid wall or fence on all sides, and provided further that products, items or materials stored on the site are not stacked to a height above the height of the required wall or fence.
(h)
Printing, publishing, lithographing, blueprinting or photostating establishment.
(7)
Rental or sale of household, yard, and garden equipment, provided all storage is contained within an enclosed building or enclosed by a six-foot high solid wall or fence on all sides abutting A-1, A-2, R-1, R-2, or M-H property.
(8)
Reserved.
(9)
Sign provided:
(a)
Location Criteria. It is located on private property and advertises, identifies, or directs to a use currently conducted on the same premises. The location of such signs must comply with the following requirements:
1.
A freestanding sign may not overhang into the public right-of-way.
2.
The outer edge of a wall sign may protrude up to one foot over the property line into the public right-of-way, provided the bottom edge of the sign is eight feet or more above the curb or sidewalk grade.
(b)
Number of signs. One freestanding or projecting sign shall be permitted for each street frontage of each premises or joint sign premises which has at least 100 feet of street frontage, or one per 300 feet of total street frontage (e.g., up to two signs allowed if 630 feet of frontage), whichever is more permissive.
(c)
Size of Signs:
1.
The total aggregate of all faces of signs or combinations of signs allowed for the property on which the use is located shall not exceed 150 square feet of sign area for the first 50 feet of street frontage and one square foot of sign area for each additional foot of street frontage.
2.
Business fronting on more than one street will be allowed additional square footage of sign area to the extent of 50 percent of that allowed for their main street frontage.
3.
For every linear foot of distance that a sign is set back from the nearest street right-of-way line, an increase of one square foot of sign area is permitted. However, this additional allowance will not be permitted if the sign is located within 75 feet of any residential zone.
(d)
Height. The height of a sign is measured from grade level at the base of the sign to the top of the highest part of the sign surface. The maximum height of any freestanding sign shall not exceed 26 feet. A sign mounted on or attached to a building may extend up to but not more than five feet above the height of the building, provided no direct illumination shall be visible from the rear of the sign.
(e)
Exceptions:
1.
Signs having less than four square feet in area per sign face and manufacturer's product display racks are considered as exceptions to Subsection (10)(b) and (c) supra, provided no customer service area shall extend closer than ten feet to the nearest right-of-way line of a public street.
2.
On-premises signs without advertising, directing on-premises customer traffic or directing to specific customer service areas, shall be allowed in excess of the number and square footage limitations in Subsection (10)(b) and (c) supra, provided the aggregate area of such signs shall not exceed 20 square feet per business location.
3.
Businesses oriented toward freeway traffic and which are located within 300 feet of the termination of a freeway access control line at any on-ramp or off-ramp of a freeway shall be permitted one freestanding on-premises sign consisting of one name and/or emblem which shall not be included in the computation of total allowable sign area specified in Subsection (10)(c) supra, but shall be included as one of the maximum number of signs allowed per business provided.
(f)
Illuminated Signs. Illuminated signs, except illuminated clocks, thermometers, and illuminated signs within a building, shall be turned off at 11:00 p.m. or closing, whichever is later. No illuminated signs shall be so located as to shine directly into adjacent conforming residential property.
1.
Such sign shall not exceed a total of 480 square feet in area.
2.
The height of such sign shall not exceed 26 feet above the grade level at the base of the sign or 26 feet above the elevation of the freeway at its closest point to the site, whichever is higher.
(g)
Blinking and Revolving Signs. No flashing or blinking signs except time and temperature signs shall be allowed within 200 feet of any residential zone. Revolving signs shall not revolve at speeds exceeding 8 RPM. No power pack units shall be allowed.
(h)
Audible Devices. No sign shall have audible devices.
(i)
Amortization. See Nonconforming Uses.
(j)
Determination of Sign Size. The sign area shall be measured as follows:
1.
Square or Rectangular Sign. Length times the height of the face of the sign.
2.
Irregularly-shaped Sign. Area of rectangles, circles, ovals, triangles, or a combination thereof, necessary to enclose the face of the sign.
3.
Sign Made of Individual Cutout Letters. Sum of the area of the rectangles or triangles necessary to enclose each letter.
(10)
Billboard provided:
(a)
It is located on undeveloped property outside the established public right-of-way as it may apply to properties along freeways or the interstate system. When located on private property other than as described above, the following setback measurement from the property line along the abutting street or highway shall be as follows:
Total Sign Area Setback 301 to 400 square feet 25 feet 150 to 300 square feet 12 feet Less than 150 square feet 8 feet (b)
The maximum height of the top of the sign shall not exceed 30 feet from grade level at the base of the sign. Allowable cutouts or extensions shall not constitute the top of the sign, providing they do not extend more than five feet above the top of the sign surface, and total square footage of such cutouts extending beyond the sign facing shall not result in total square area exceeding 400 feet for the entire sign and cutouts. Advertising structures which are oriented toward freeway traffic and are located within 200 feet of freeway right-of-way may not exceed 30 feet above the grade level at the base of the sign or 26 feet above the elevation of the freeway at its closest point to the advertising structure, whichever is higher.
(c)
No flashing, blinking or intermittent lights shall be permitted, and no billboard shall be illuminated by red, green, or amber lights which interfere with a traffic control signal or device. No power pack units shall be allowed.
(d)
The total area of all signs on the property does not exceed the combined total area permitted for on-premises signs, plus the area permitted for one off-premises sign in that zone, and in no event shall any one sign face exceed 400 square feet. Sign area shall not include an ornamental base or skirt area, provided it does not display advertising copy or exceed 36 inches in its vertical dimension; however, the sign owner's name may be displayed thereon in accordance with State Law.
(e)
No billboard within 660 feet of the nearest public right-of-way of a major street or highway shall be nearer than 500 feet to any other off-premises sign or billboard if both signs are designed to be read by traffic moving in the same direction. But this spacing requirement shall not apply to the distance between two off-premises signs which are separated by a building or other obstruction in such a manner that only one display located within the minimum spacing distances set forth herein is visible from the highway at any one time. This provision shall not prevent the erection of double-faced, back-to-back or V-type advertising displays, providing the maximum separation of signs are ten feet.
(f)
No freestanding billboard or advertising sign shall be nearer than 100 feet to any occupied residential zone.
(11)
Taxidermist.
(12)
Transfer of storage of household goods including self-storage miniwarehouses, provided:
(a)
Ingress and egress is available form an arterial or collector street shown on the adopted Long Range Major Street Plan.
(b)
Parking and maneuvering of vehicles is permitted only off the street in a parking area approved by the Zoning Administrator.
(c)
Outside lighting is so located, screened, or shaded so as not to reflect off the premises.
(d)
All storage is within completely enclosed one-story structures not to exceed 12 feet in height.
(e)
The site must be enclosed by a solid wall or fence on all sides facing or abutting A-1, A-2, R-1, R-2 or M-H zoning.
3.
Conditional Uses:
a.
The following uses may be permitted if approved by the Zoning Administrator in accordance with the procedures and under the conditions set forth in the Administration Section of this ordinance with additional requirements deemed necessary to safeguard the best interest of the adjoining property, neighborhood and community.
(1)
Adult amusement establishment, as regulated by Section 17.5 of this ordinance.
(2)
Amusement enterprise, provided any lighting shall be so located, screened or shaded so as not to reflect off the premises as follows:
(a)
Baseball batting or archery range, provided the area shall be fenced or otherwise designed to prevent any balls or arrows from going off the premises.
(b)
Circus, carnival, or enterprise of similar type, provided it be located at least 300 feet from any dwelling which is a conforming use, shall be permitted at one location for a period of not more than seven days. The hours of operation, including the time of erection and dismantling of equipment, shall be between 6:00 a.m. and 12:30 a.m.
(c)
Golf driving range, including commercial activities specifically related to the operation of the use, such as pro shop for the sale or rental of golf equipment, and the usual concession stands, provided the site contains at least six acres and that fencing shall be provided, or the use so designed as to prevent balls from being driven off the premises.
(d)
Kart track, including "go-cart" track and similar facility, provided that the site contains at least three acres; the track shall be located at least 1,000 feet from any dwelling and at least 100 feet from any public way; the spectator area shall be protected from the vehicular area by suitable fencing, bumpers or other protective devices; any off-street parking area shall be subject to regulations as defined for a parking lot; and hours of operation shall be between 9:00 a.m. and 10:00 p.m.
(e)
Children's amusement park, provided that amusement devices shall be located at least 300 feet from any dwelling; hours of operation shall be between 9:00 a.m. and 10:00 p.m.; any public address system shall be modulated; any off-street parking area shall be subject to regulations as defined for a parking lot; ponies shall be permitted on the premises only during the hours of operation; and the site shall be enclosed by a wall or fence at least six feet high.
(f)
Jump net center.
(g)
Miniature golf course.
(h)
Pony riding, rodeo grounds, polo field without stables, provided any such use shall be located at least 300 feet from any dwelling.
(i)
Swimming pool operated as a commercial enterprise including commercial activities specifically related to such use, such as the sale or rental of swimming equipment and the usual concession stands, provided any such use shall be enclosed by a wall or fence at least eight feet high. The hours of operation shall be limited to 6:00 a.m. to 11:00 p.m.
(3)
Auction yard or structure or flea market, provided:
(a)
Off-street parking area is clearly separated from the sales area.
(b)
Ingress and egress to the parking areas is directly to arterial or collector streets.
(c)
Where sales activities are conducted out of doors, the area must be enclosed by a solid wall or fence at least six feet high on all sides facing or abutting A-1, A-2, R-1, R-2 and M-H property.
(4)
Firewood sales yard, provided it complies with the following:
(a)
All outside storage is enclosed by a solid wall or fence at least six feet high on all sides abutting any A-1, A-2, R-1, R-2 or M-H zone, and further provided that wood may not be stacked above the plane established by the top of the surrounding wall when a wall is required.
(b)
No wood may be stored closer than ten feet to any property line or within ten feet of any structure.
(c)
Any driveway or area accessible to motor vehicles shall be surfaced with gravel, oil, or other higher-type paving.
(5)
Blood Bank, Plasma Center.
(6)
Bar and Lounge.
(7)
Apartments as regulated in the R-2 Zone.
(8)
Multiple single-family dwellings.
(9)
Outdoor live entertainment. (From the date the ordinance became effective, July 11, 2013.)
C.
Height Regulations. The same regulations apply as in the R-2 zone except as provided in the Supplementary Height and Area Regulations Section of this ordinance.
D.
Area Regulations:
1.
Front Yard. There shall be a front yard having a depth of not less than 30 feet.
2.
Side Yard. No side yard is required except for buildings or parts of buildings hereafter erected or structurally altered for residential use, in which case, the side yard regulations of the R-1 zone shall apply. In all other cases, a side yard is required only on the side of a lot abutting an A-1, A-2, R-1, R-2, or M-H zone, in which case there shall be a side yard of not less than six feet.
3.
Rear Yard. Except as hereinafter provided in the Supplementary Height and Area Regulations Section of this ordinance, there shall be a rear yard having a depth of not less than 15 feet.
4.
Off-Street Parking Spaces, Loading and Unloading Spaces. Off-street parking spaces and loading and unloading spaces shall be provided in accordance with requirements for specific uses set forth in the Off-Street Parking, Loading and Unloading Regulations Section of this ordinance.
E.
Landscape and Buffer Landscaping. As required by the Landscaping and Buffer Landscaping Section of this ordinance.
(Ord. No. 86-19, 6-24-86; Ord. No. 87-28, 10-20-87; Ord. No. 92-18, 12-15-92; Ord. No. 97-15, 10-8-97; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 05-2, § 1, 2-8-05; Ord. No. 2006-3, § 1, 2-14-06; Ord. No. 2006-22, § 1, 9-26-06; Ord. No. 2008-4, § 1, 4-24-08; Ord. No. 2012-12, § 1, 6-26-12; Ord. No. 2013-15, 6-11-13; Ord. No. 2016-13, 4-12-16)