Sec. 48-192. - C-1-A districts.
Sec. 48-194. - C-2-A districts.
Secs. 48-199—48-210. - Reserved.
(a)
Purpose. The C-1 district, neighborhood shopping, is designed to provide sites for convenient retail and personal service establishments for a small tributary area, with a minimum impact upon adjoining or surrounding residential development. Preferably, each portion of the district should be small and compact in area, but where extensive strip development has occurred as a result of earlier zoning the district has been expanded to include such development.
(b)
Uses, etc., generally. In any C-1 district, no building or premises shall be used and no building shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed in the following subsections of this section, subject to off-street parking and loading requirements of article 48-477 of this chapter.
(c)
Uses permitted as matter of right. The following uses are permitted as a matter of right; provided that not more than two amusement devices shall be located on the premises:
(1)
Any use permitted in R-4 districts under section 48-135(c).
(2)
The conversion of a three-story building housing one or two families for the use of more than two families; provided, that there is a lot area of not less than 1,000 square feet per family and each apartment or dwelling unit shall consist of not less than 600 square feet of livable floor area, excluding common halls and stairways.
(3)
Retail store or shop for the performance of personal services; provided, that:
a.
No manufacturing, wholesaling or jobbing shall be carried on therein;
b.
No merchandise shall be carried other than that intended to be sold at retail on the premises; and
c.
Operations shall be limited to the hours between 6:00 a.m. and midnight.
(4)
Laundromat, with not more than 20 machines; provided, that operations shall be limited to the hours between 6:00 a.m. and 12:00 midnight.
(5)
Office, bank or other financial institution; provided, that operations shall be limited to the hours between 6:00 a.m. and 12:00 midnight.
(6)
Restaurant or lunchroom; provided, that operations shall be limited to the hours between 6:00 a.m. and 12:00 midnight.
(7)
Automobile parking for occupants or customers of buildings permitted in the district, subject to the special provisions of sections 48-477, 48-478 and article XI, division 3 of this chapter.
(8)
Private garage, subject to the special provisions of section 48-477 of this chapter.
(9)
Public garage used for the parking of motor vehicles without repair or service facilities, subject to the special provisions of sections 48-477, 48-478 and article XI, division 3 of this chapter.
(10)
Private club or lodge not conducted primarily for gain; provided, that operations shall be limited to the hours between 6:00 a.m. and 12:00 midnight.
(11)
A sign other than a billboard, subject to compliance with the sign regulations of the city.
(12)
Municipal police station.
(13)
Consumer recycling collection centers, subject to being not less than 100 feet from the boundary of any residential zoning district and operating only between the hours of 7:00 a.m. and 9:00 p.m., daily.
(d)
Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:
(1)
Funeral home, subject to the special requirements of such a use in R-5-B districts under section 48-138(d)(2).
(2)
Gasoline service station, subject to the special provisions of section 48-478; provided, that:
a.
It shall be located on a lot of not less than 8,000 square feet in area and with a lot depth of not less than 80 feet;
b.
Any grease pits or hoists are contained within the area of the building;
c.
In the judgment of the zoning board of adjustment it will satisfy a local need and its design and appearance will not injure the character of the neighborhood; and
d.
Before taking final action on an application for such use, the zoning board of adjustment shall submit the application to the department of public works for review and report.
(3)
Operation between the hours of midnight and 6:00 a.m., or with more than two but less than five amusement game machines on the premises, of uses otherwise permitted under subsection (c) of this section; provided that:
a.
The board finds that such operation is necessary for the convenience of the immediate neighborhood;
b.
The board finds that such use will not injure the character of the immediate neighborhood or otherwise impact adversely upon it; and
c.
The board finds that the location of amusement game machines will not interfere with ingress to and egress from the premises and that not less than 40 square feet of gross floor area has been allocated for each amusement game machine.
(4)
Group day care home as provided in section 48-131(d).
(5)
Bed and breakfast guest facility as provided in section 48-133(d).
(6)
An antenna that is proposed to be mounted to a building and concealed within an architectural element of the building; provided, that:
a.
Accessory structures are similarly concealed or obscured from view; and
b.
It shall conform with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.
(e)
Accessory uses and buildings. Accessory uses and accessory buildings customarily incident to the uses otherwise authorized by this section are permitted. Satellite television antennas, conventional television antennas, dish antenna and supporting structures, and amateur radio antennas, when operated for private noncommercial use, shall be permitted accessory uses subject to the provisions of article XI, division 4 of this chapter.
(Code 1968, § 48-21; Ord. No. 93-052(sub 1), § 3, 11-4-93; Ord. No. 10-041(sub 1), § 8, 10-7-10)
Sec. 48-192. - C-1-A districts.
(a)
Purpose. The C-1-A district, neighborhood commercial, is designed to provide sites for convenient retail and personal service establishments for a small tributary area, with a minimum impact upon adjoining residential development. Preferably, each portion of the district should be small and compact in area, but where extensive strip development has occurred as a result of earlier zoning, the district can include such development.
(b)
Uses, etc., generally. In any C-1-A district, no building or premises shall be used and no building shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended, or designed to be used except for one or more of the uses listed in the following subsections of this section, subject to the off-street parking and loading requirements of article X of this chapter.
(c)
Uses permitted as matter of right. The following uses are permitted as a matter of right:
(1)
Any use permitted in R-4 districts under section 48-135(c), with the exception of dormitories, sororities, fraternities or convalescent homes.
(2)
The conversion of a three-story building housing one or two families for the use of more than two families; provided, that there shall be a lot area of not less than 1,000 square feet per family and that each individual apartment or dwelling unit shall consist of not less than 600 square feet of livable floor area, excluding common halls and stairways.
(3)
Neighborhood retail store, or shop for the performance of personal services; except gasoline service stations, taprooms, bars, cafes, office or store for the care, keeping or grooming of animals, health and exercise facilities, or any operation to provide for automobile sales or services; provided that:
a.
No manufacturing, wholesaling or jobbing shall be carried on therein;
b.
No merchandise shall be carried other than that intended to be sold at retail on the premises;
c.
Hours of operation shall be limited to between 6:30 a.m. and 9:00 p.m.;
d.
The use or combination of uses occupy not more than 1,500 square feet of floor area on the ground floor. Not more than 2,500 square feet of total floor area shall be used for retail use or uses, if the ground floor and second story are both occupied for such uses; for purposes of this subsection, the total floor area devoted to such use or uses shall mean interior floor area as measured by and between interior walls;
e.
No outdoor displays or sales of merchandise or services shall be permitted;
f.
Illuminated signs shall be permitted only during the hours of operation;
g.
No business shall be permitted to discharge offensive odors, fumes, smoke, glare, or noises which are audible beyond the property limits; and
h.
Deliveries to any premises shall be made only during the hours of operation.
(4)
Office (except medical office uses with more than one practitioner), bank or other financial institution, excluding drive-through banking, provided that any automated teller system is located within the building and is accessible only during regular bank hours; provided that:
a.
No outdoor displays or sales of merchandise or services shall be permitted;
b.
Illuminated signs shall be permitted only during the hours of operation; and
c.
Deliveries to any premises shall be made only during the hours of operation which shall be limited to between 6:30 a.m. and 9:00 p.m.
(5)
Automobile parking for occupants or customers of buildings permitted in the district, subject to the special provisions of sections 48-477, 48-478 and article XI, division 3 of this chapter.
(6)
Private garage subject to the special provisions of sections 48-477, 48-478 and article XI, division 3 of this chapter.
(7)
Public garage used for the parking of motor vehicles without repair or service facilities subject to the special provisions of sections 48-477, 48-478 and article XI, division 3 of this chapter.
(8)
A sign other than a billboard, subject to compliance with the sign regulations of the city.
(9)
Consumer recycling collection centers, subject to being not less than 100 feet from the boundary of any residential zoning district and operating only between the hours of 7:00 a.m. and 9:00 p.m., daily.
(d)
Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:
(1)
Funeral home, subject to the special requirements of such a use in R-5-B districts under section 48-138(d)(2).
(2)
Laundromat, with not more than 20 machines; medical office use with more than one practitioner; private club or lodge not conducted primarily for gain; neighborhood retail store, or shop for the performance of personal services, of more than 1,500 square feet, but not to exceed 2,500 square feet of interior floor area devoted to such use; provided that:
a.
Operations shall be limited to the hours between 6:30 a.m. and 9:00 p.m.;
b.
In the judgment of the zoning board of adjustment, adequate and sufficient parking will be provided for the operation, in accordance with section 48-444
c.
In the judgment of the zoning board of adjustment, the operation will satisfy a local need and is necessary for the convenience of the immediate neighborhood; and
d.
In the judgment of the zoning board of adjustment, the use and its design and appearance will not injure the character of the immediate neighborhood or otherwise impact adversely upon it, especially considering odors, fumes, smoke, glare and noise.
(3)
Restaurant or lunchroom; and retail food sales; provided that:
a.
Operations shall be limited to the hours between 6:30 a.m. and 9:00 p.m.;
b.
In the judgment of the zoning board of adjustment, adequate and sufficient parking will be provided for the operation, in accordance with section 48-444
c.
The use is limited to 1,500 square feet of interior floor area devoted to such use;
d.
The purchase of alcoholic beverages without meals in restaurants and lunchrooms is prohibited;
e.
No outdoor displays, sales of merchandise or services, or outdoor operation of use shall be permitted;
f.
In the judgment of the zoning board of adjustment, such operation will satisfy a local need and is necessary for the convenience of the immediate neighborhood; and
g.
In the judgment of the zoning board of adjustment, such use and its design and appearance will not injure the character of the immediate neighborhood or otherwise impact adversely upon it, especially considering odors, fumes, smoke, glare and noise.
(4)
Group day care home as provided in section 48-131(d).
(5)
Bed and breakfast guest facility as provided in section 48-133(d).
(6)
An antenna that is proposed to be mounted to a building and concealed within an architectural element of the building; provided, that:
a.
Accessory structures are similarly concealed or obscured from view; and
b.
It shall conform with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.
(e)
Accessory uses and buildings. Accessory uses and accessory buildings customarily incident to the uses otherwise authorized by this section are permitted. Satellite television antennas, conventional television antennas, dish antenna and supporting structures, and amateur radio antennas, when operated for private noncommercial use, shall be permitted accessory uses subject to the provisions of article XI, division 4 of this chapter.
(Code 1968, § 48-21.1; Ord. No. 93-052(sub 1), § 3, 11-4-93; Ord. No. 10-041(sub 1), § 9, 10-7-10)
(a)
Purpose. The C-2 district, secondary business commercial centers, is designed to provide both shopping and business needs for large segments of the city outside of the central business area. It is, in general, located on main highways and includes secondary employment centers. Where feasible, it is laid out in sufficient depth to permit and encourage designed shopping centers.
(b)
Uses, etc., generally. In any C-2 district, no building or premises shall be used and no building shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed in the following subsections of this section, subject to the off-street parking and loading requirements of article X of this chapter.
(c)
Uses permitted as a matter of right. The following uses are permitted as a matter of right:
(1)
Any use permitted in R-5-C districts under section 48-139(c) or in C-1 districts under section 48-191(c), but without regard to restrictions on hours of business specified for those districts and subject to the hours of operation contained in section 5-78 and except that bed and breakfast guests facilities shall be permitted subject only to the requirement that one parking space for every two guest rooms shall be provided; further provided, that all such uses shall at all times comply with all applicable city and state regulations.
(2)
Laundromat, without limit on number of machines.
(3)
Hotel.
(4)
Motel.
(5)
Telephone central office, including storage of materials or trucks, maintenance of repair facilities, or housing of repair crews.
(6)
Funeral home.
(7)
Place of business of a builder, carpenter, caterer, cleaner, contractor, decorator, dyer, dressmaker, electrician, furrier, mason, milliner, optician, painter, photographer, plumber, roofer, shoemaker, tinsmith, upholsterer, and similar nonnuisance businesses; provided, that power propelling units of not more than five horsepower are used for processing equipment or machinery.
(8)
Commercial parking lot, subject to the special provisions of sections 48-477, 48-478 and article XI, division 3 of this chapter; provided however, that no new commercial surface parking lot shall be permitted in any part of the downtown design district, regardless of the zoning classification nor in any C-3 or C-4 zoning district. A property owner or agent for the owner, may appeal any denial of any such parking lot use, pursuant to the prohibition herein, to the zoning board of adjustment seeking a variance from the said prohibition.
(9)
Public garage, including repair or service facilities for motor vehicles, but not including paint or body shop, subject to the special provisions of section 48-478
(10)
Used car lot.
(11)
Indoor theater.
(12)
Assembly hall.
(13)
Commercial recreation, such as bowling alleys, skating rinks, billiard and pool parlors, but not including amusement game machines, nor arcades.
(14)
Gasoline service station, subject to the special provisions of section 48-478; provided, that:
a.
It shall be located on a lot of not less than 8,000 square feet in area and with a lot depth of not less than 80 feet;
b.
Any grease pits or hoists are contained within the area of the buildings; and
c.
It is in compliance with the provisions of section 5-78 of this Code.
(15)
All antenna uses, except freestanding towers, tower farms and monopoles; provided that, the height of the antenna does not exceed 15 feet from the point of mounting, regardless of antenna type, and such antenna shall conform with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.
(16)
A sign, other than a billboard, subject to compliance with the sign regulations of the city. No sign may be placed within 30 feet of any school, college or public park, plaza or dedicated open space, except any on-premises sign which faces the street.
(17)
Family day care homes, group day care homes and day care centers, not subject to the conditions as provided in section 48-131, but subject to the parking requirements in section 48-443
(18)
Emergency shelters for the homeless; provided, that:
a.
There shall be not less than 100 square feet of gross floor area per resident;
b.
No emergency shelter for the homeless shall be located within 1,000 feet of any other emergency shelter for the homeless, except that the zoning board of adjustment may approve a location within a lesser such distance if the applicant has demonstrated that such location will not have any adverse effect on the character of the surrounding neighborhood;
c.
There shall be not less than one parking space provided for each employee of the emergency shelter for the homeless computed on the basis of the estimated maximum number of employees present at any one time in the subject shelter except, that the zoning board of adjustment may approve a lesser requirement if the applicant has demonstrated that the proposed use will not generate sufficient parking demand to require the prescribed minimum; and
d.
The shelter for the homeless shall be required to hold all state-required licenses, permits and approvals as may be applicable. In addition, each emergency shelter for the homeless shall obtain city licenses, permits and approvals as applicable and shall submit to the zoning administrator a copy of its management and physical facilities plan required to be submitted prior to issuance of a city license pursuant to chapter 5 of this Code and required to be reviewed by the review committee as set forth in section 5-105
(19)
Consumer recycling collection centers, subject to being not less than 100 feet from the boundary of any residential zoning district and operating only between the hours of 7:00 a.m. and 9:00 p.m., daily.
(d)
Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:
(1)
Public utility substation or regulator station; provided, that:
a.
It shall conform with such setbacks, screening or other similar requirements as the zoning board of adjustment shall deem necessary for the protection of neighboring or adjacent property.
(2)
Mini-warehouses; provided that:
a.
The applicant submits a specific development plan to the zoning board of adjustment setting forth the following minimum requirements:
1.
A key or location map showing the site, surrounding zoning districts, surrounding land uses, streets and directions of traffic.
2.
The project name, date, north direction, scale and boundaries adequately described.
3.
Name and address of owner of record and the proposed operator of the mini-warehouse.
4.
Name and address of the person who prepares the final development plan.
5.
Location of all present and proposed buildings and the proposed use of each, including storage space configuration and the number of storage compartments on each level of each building.
6.
Number and dimensions of all on-site parking spaces.
7.
Location, width and direction of all roadways and driveways surrounding and within the proposed development and of internal ways for transportation of goods from parking to storage areas.
8.
Location and type of trash collection and trash storage facilities.
9.
Location of fences, security walls, screening walls, exterior lighting, and the design and materials to be used.
10.
Approval by the commissioner of public works of the proposed ingress and egress and the width of all driveways.
b.
Off-street parking shall be provided in the following ratio:
1.
One space for each employee.
2.
One space for every 25 storage units, with adequate provision for transfer of goods from parking area to storage units.
c.
The project shall meet all conditions regarding setbacks, screening, landscaping, lighting or other similar requirements as the zoning board of adjustment shall deem necessary for the protection of neighboring or adjacent property.
d.
Mini-warehouse developments shall be limited to dead storage use only and no activity other than storage shall be permitted within a storage unit.
e.
All storage on the property shall be within a completely enclosed building.
f.
Each individual storage compartment shall be separated from the other storage compartments by walls of not less than one-half hour fire-resistant material.
g.
No activities such as miscellaneous or garage sales shall be conducted on the premises.
h.
The servicing or repair of motor vehicles, boats, trailers, lawnmowers, and other similar equipment shall not be conducted on the premises.
i.
A mini-warehouse shall not be operated as a part of a transfer and storage business where the use of vehicles by the operator is part of such business.
j.
The operator shall keep the premises free of trash and debris at all times.
k.
Security fencing and screening or security walls shall be required around the perimeter of the project, such fence or wall to be not less than seven feet in height and constructed of finished masonry or durable metal protected from corrosion.
l.
All lights shall be shielded to direct light onto the uses established and away from adjacent property, but may be of sufficient intensity to discourage vandalism and theft.
m.
All signs shall be subject to compliance with chapter 41
n.
All driveways, parking, loading and vehicle circulation areas shall be paved with concrete, asphalt or asphaltic concrete.
o.
All operation and use of the facility shall be in accordance with all applicable codes and regulations.
p.
The operator shall have an agent on the premises at all times when users have access to storage units to assure that the operation of the facility will be in conformance with these requirements and any conditions set by the zoning board of adjustment.
q.
The operator shall be responsible for controlling access to the site and to individual storage units. The operator is also charged with the duty of requiring and determining that no material is stored in violation of any federal, state or local health, safety, including fire, or environmental regulation and the storage of hazardous material is specifically prohibited. Storage of materials rated no higher than "2" by the American Fire Protection Association as to health hazard, flammability, and susceptibility to release of energy shall be deemed to be prima facie evidence of compliance with this requirement.
(3)
Amusement game machines up to four in number on the premises of uses otherwise permitted under subsection (c)(13) of this section and subject to the conditions specified in section 48-191(d)(3).
(4)
Arcades; provided that:
a.
In the judgment of the zoning board of adjustment it will satisfy a local need and its design and appearance will not injure the character of the neighborhood.
b.
The board finds that not less than 40 square feet of gross floor area has been allocated for each amusement game machine.
c.
The board finds that the number of amusement game machines shall not exceed five in premises of 2,000 square feet of gross floor area or less, nor exceed ten in premises of between 2,000 and 5,000 square feet, nor exceed the ratio of one amusement game machine per 750 square feet of gross floor area in premises of more than 5,000 square feet up to a maximum number of 15 amusement game machines in any one building.
d.
The board finds that the arcade is not within 500 feet of any other arcade and is not within 500 feet of any residential district boundary (R-1, R-2, R-2-A, R-3, R-4, R-5-A, R-5-B, and R-5-C districts), and is not within 500 feet of any preexisting church or school.
e.
The board finds that at least one restroom facility each for male and female customers is provided expressly for customers only.
f.
The hours of operation will be limited to 10:00 a.m. to 11:00 p.m. and will comply with the provisions of section 36-99
g.
The arcade shall be located in a room separated from other uses, if any, on the same premises and from pedestrian circulation to and from such other uses. The room shall be arranged so that there is a management attendant within the room or such that management attendants outside the room can easily see and supervise the interior of the room.
(e)
Accessory uses and buildings. Accessory uses and accessory buildings customarily incident to the uses otherwise authorized by this section are permitted.
(Code 1968, § 48-22; Ord. No. 93-052(sub 1), § 3, 11-4-93; Ord. No. 97-066(sub 2), § 1, 1-8-98; Ord. No. 01-046(sub 1), § 1, 11-1-01; Ord. No. 05-050(sub 4), § 5, 7-13-06; Ord. No. 10-041(sub 1), § 10, 10-7-10)
Sec. 48-194. - C-2-A districts.
(a)
Purpose. The C-2-A district, secondary office and business centers, is designed to provide areas for low intensity and low density office and business uses that will function as self-contained employment and service centers. It is, in general, located in areas of the city that adjoin residential areas and/or sites which act as buffers between residential areas and incompatible adjoining uses, such as heavy manufacturing or general commercial districts, or major transportation corridors. The district is also appropriate for former manufacturing or institutional sites located within residential areas that are not suited to residential redevelopment or conversion. The permitted uses are defined narrowly so as not to permit uses which generate excessive delivery, customer vehicle, or pedestrian traffic, or have hours of operation which conflict with adjoining residential uses.
(b)
Uses, etc., generally. In any C-2-A district, no building or premises shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended, or designed to be used except for one or more of the uses listed in the following subsections of this section, subject to the off-street parking and loading requirements of article X of this chapter.
(c)
Uses permitted as matter of right. The following uses are permitted as a matter of right:
(1)
Detached or semidetached dwelling.
(2)
Retail store or shop for the performance of personal services, provided that no sales of food or beverages for either on- or off-premises consumption shall be permitted on the first or ground floor and further provided that no business shall operate between the hours of 11:00 p.m. and 5:00 a.m.
(3)
Office, bank, or financial institution excluding drive-through banking, provided that any automated teller system is located within the building and accessible only during regular bank hours.
(4)
Nonnuisance businesses as permitted in the C-2 zoning district under section 48-193(c)(7) subject to the requirements of subsection (e) of this section.
(5)
Public garage, including repair or service facilities for motor vehicles, but excluding auto body repair or painting and the sale or storage of gasoline or other bulk petroleum products, provided that:
a.
Repair activities are conducted primarily within the building; and
b.
That outside activities and storage meets the requirements of subsection (e) of this section.
(6)
Medical or dental laboratory.
(7)
Wholesale storage or a wholesale department, within a building, in conjunction with a retail establishment.
(8)
Family day care homes. Group day care homes and day care centers not subject to the conditions as provided in section 48-131(c) but subject to the parking requirements in section 48-443
(9)
Bed and breakfast guest facility as provided in section 48-432(c).
(10)
Consumer recycling collection centers, subject to being not less than 100 feet from the boundary of any residential zoning district and operating only between the hours of 7:00 a.m. and 9:00 p.m., daily.
(11)
Neighborhood police station.
(d)
Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:
(1)
Public utility substation or regulator station subject to the special requirements of section 48-131(d)(3).
(2)
Research and development facility, including limited scale manufacture of high value low volume products, provided that:
a.
The applicant provides evidence that the facility will be so operated that there are no significant external environmental effects or risk of adverse environmental effects resulting from an accident or act of nature.
b.
Power units of not more than five horsepower are used to propel equipment or machinery.
(3)
Auto body repair and painting or custom body work shop provided that it is at least 125 feet from a residential zoning district.
(4)
Bed and breakfast guest facility as provided in section 48-133(d).
(5)
An antenna that is proposed to be mounted to a building and concealed within an architectural element of the building; provided, that:
a.
Accessory structures are similarly concealed or obscured from view; and
b.
It shall conform with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.
(e)
Accessory uses and buildings. Accessory uses and accessory buildings customarily incident to the uses otherwise authorized by this section are permitted, provided that on-site storage of equipment, materials, inventory or other dry commodities for a period of more than 90 days in other than an enclosed building shall meet the following requirements:
(1)
It shall be screened so as not to be visible from the street or adjoining properties by a solid fence pursuant to section 48-475, or by a year-round completely opaque landscaping screen at least six feet high, but need not be opaque above that height.
(2)
Storage shall not be permitted between any structure and the frontage streets.
(3)
Stored material shall be organized in an orderly manner on permanent racks, pads or other structures.
(4)
Storage of any material, mineral, or substance in a manner that allows emission of fumes, dust, smoke, vapors, or other effects observable by the human senses is prohibited.
(5)
Storage of automobiles, heavy equipment, machinery, or any other material the primary value of which is limited to scrap, salvage, recycling, or spare parts, is prohibited.
(6)
Mixing or otherwise processing stored bulk materials such as sand, gravel, cement, and asphalt for use off-site is prohibited.
(7)
Any outside storage use in existence on June 8, 1984, shall conform with the provisions of subsections (1), (2), (3), and (4) of this subsection within 18 months of such date.
(8)
Any and all outdoor illumination shall be screened so as not to illuminate directly any nearby residential properties.
Satellite television antennas, conventional television antennas, dish antenna and supporting structures, and amateur radio antennas, when operated for private noncommercial use, shall be permitted accessory uses subject to the provisions of article XI, division 4 of this chapter.
(Code 1968, § 48-22.1; Ord. No. 93-052(sub 1), § 3, 11-4-93; Ord. No. 99-010(sub 1), § 1, 5-6-99; Ord. No. 10-041(sub 1), § 11, 10-7-10)
(a)
Purpose. The C-3 district, central retail, is designed for that portion of the central business area which contains the main retail district, providing a wide variety of retail and display services and serving the whole city metropolitan area. While most of it is within a single compact area, it also includes some separate areas on the edges of the C-4 district.
(b)
Uses, etc., generally. In any C-3 district no building or premises shall be used and no building shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed in the following subsections of this section, subject to the off-street parking and loading requirements of article X of this chapter.
(c)
Uses permitted as matter of right. The following uses are permitted as a matter of right:
(1)
Any use permitted in C-2 districts under section 48-193(c).
(2)
Wholesale storage or a wholesale department, within a building, incidental and secondary to a retail establishment.
(3)
Finishing, fitting, converting, fabricating, assembling and light manufacturing operations incidental and secondary to a retail store or service establishment; provided, that:
a.
Such operation is not conducted on the ground floor within 25 feet of any street entrance or exit;
b.
Not more than 15 pounds of steam pressure is employed; and
c.
Units of not more than five horsepower are used for processing equipment or machinery.
(4)
Passenger terminal, rail or bus.
(5)
Newspaper office or printing plant.
(6)
Consumer recycling collection centers, subject to being not less than 100 feet from the boundary of any residential zoning district and operating only between the hours of 7:00 a.m. and 9:00 p.m., daily.
(d)
Use permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this Code, subject to the conditions specified below in each case:
(1)
Public utility substation or regulator station; provided, that:
a.
It shall conform with such setbacks, screening or other similar requirements as the zoning board of adjustment shall deem necessary for the protection of neighboring or adjacent property.
(e)
Accessory uses and buildings. Accessory uses and accessory buildings customarily incident to the uses otherwise authorized by this section are permitted.
(Code 1968, § 48-23; Ord. No. 93-052(sub 1), § 3, 11-4-93)
(a)
Purpose. The C-4 district, central office, is designed to accommodate the downtown office district containing the civic center, large hotels, and the principal office buildings. It permits buildings of any height and the greatest density of building of any zoning district so as to make possible the concentrations necessary for the efficient handling of both public and private business.
(b)
Uses, etc., generally. In any C-4 district no building or premises shall be used and no building shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed in the following subsections of this section, subject to off-street parking and loading requirements of article X of this chapter.
(c)
Uses permitted as matter of right. The following uses are permitted as a matter of right:
(1)
Any use permitted in C-3 districts under subsection (c) of section 48-195 except the following:
a.
Newspaper office or printing plant (see section 48-195(c)(5)).
b.
Commercial recreation, such as bowling alleys, skating rinks, and billiard and pool parlors (see section 48-193(c)(13)).
c.
Public garage with repair or service facilities (see section 48-193(c)(9)).
d.
Used-car lot (see section 48-193(c)(10)).
e.
Gasoline service station.
f.
Billboard sign.
g.
Arcade.
(d)
Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:
(1)
Public utility substation or regulator station; provided, that:
a.
It shall conform with such setbacks, screening or other similar requirements as the zoning board of adjustment shall deem necessary for the protection of neighboring or adjacent property.
(e)
Accessory uses and buildings. Accessory uses and accessory buildings customarily incident to the uses otherwise authorized by this section are permitted.
(Code 1968, § 48-24)
(a)
Purpose. The C-5 district, heavy commercial, is designed to provide sites for large wholesale and storage establishments involving both storage in buildings and storage yards. It includes areas which draw heavy trucking traffic and is therefore located within easy access reach of main highways and with controls to minimize the effect on nearby residence districts.
(b)
Uses, etc., generally. In any C-5 district no building or premises shall be used and no building shall be erected or altered, except as elsewhere provided in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed in the following subsections of this section, subject to off-street parking and loading requirements of article X of this chapter.
(c)
Uses permitted as a matter of right. The following uses are permitted as a matter of right:
(1)
Any use permitted in C-3 districts under section 48-195(c).
(2)
Storage warehouses and storage yards, excluding lumber or bulk fuel storage.
(3)
Automobile laundry, with adequate space on the premises for the parking of cars awaiting service therein, but in all cases there shall be a reservoir space for at least 15 automobiles.
(4)
Automobile paint or body shop.
(5)
Carting, express, moving or hauling terminal or yard.
(6)
Commercial sports park or arena.
(7)
Public utility substation, pumping station or regulator station.
(8)
Consumer recycling collection centers, subject to being not less than 100 feet from the boundary of any residential zoning district and operating only between the hours of 7:00 a.m. and 9:00 p.m., daily.
(9)
Freestanding towers and monopoles, subject to the conditions specified for such use under article XI, division 4 and any regulations promulgated in furtherance thereof.
(d)
Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:
(1)
Drive-in theater; provided, that:
a.
No structure or parking area shall be within 25 feet of the boundary of any residence district;
b.
There shall be a suitable enclosure to screen adjacent properties from the glare of headlights; and
c.
The entrances and exits are laid out in compliance with the rules and regulations of the department of public works.
(2)
Amusement game machines, subject to the conditions specified for such use in C-1 districts under section 48-191(d)(3).
(3)
Arcade, subject to the conditions specified for such use in C-2 districts under section 48-193(d)(4).
(e)
Accessory uses and accessory buildings. Accessory uses and accessory buildings customarily incident to the uses otherwise authorized by this section are permitted.
(f)
Conditional uses. Subject to the conditions specified below, the following uses are permitted:
(1)
Adult entertainment establishments, provided that:
a.
No such adult entertainment establishment shall be located within 500 feet of another existing adult entertainment establishment; distance shall be measured in a straight line from the nearest property line of such adult entertainment establishment to the nearest property line of any other adult entertainment establishment.
b.
No such adult entertainment establishment shall be located within 500 feet of a preexisting church or a preexisting school which includes any grades one through 12; distance shall be measured in a straight line from the nearest property line of such adult entertainment establishment to the nearest property line of any such church or school.
c.
No such adult entertainment establishment shall be located within 500 feet of any of the following zoning districts: R-1, R-2, R-2-A, R-3, R-4, R-5-A, R-5-A-1, R-5-B and R-5-C; distance shall be measured in a straight line from the nearest property line of such adult entertainment establishment to the nearest boundary line of any such zoning district.
(2)
Billboards, subject to compliance with the sign regulations of the city, and provided:
a.
Area. The maximum sign area for any billboard shall be 300 square feet per sign face or advertising message, except along interstate highways in which case the maximum sign area shall be 672 square feet per sign face or advertising message;
b.
Sign face. No more than two sign faces or advertising messages shall be permitted on any sign support structure; provided, said faces or messages are not stacked or placed side-by-side but are back-to-back (it shall be considered back-to-back if the interior angle of adjoining sign faces is 30 degrees or less);
c.
Spacing. Billboards shall not be permitted within 300 feet of any other billboard which is oriented to the same traffic flow and along the same side of the right-of-way, as measured along the street line from the nearest edges of the billboard. Along interstate highways Billboards shall not be permitted within 500 feet of any other billboard;
d.
Setback.
1.
Billboards shall be prohibited within 300 feet along the same side of the right of way of districts zoned for residential or open space use, designated city historic districts, and districts listed on the National Register of Historic Places, as measured along the street line from the nearest edge of the billboard to the zoning, district, or property boundary;
2.
Billboards shall be prohibited within 30 feet of any school, college, public park, or plaza.
e.
Prohibition. Billboards shall be prohibited in designated city historic districts and districts listed on the National Register of Historic Places.
(Code 1968, § 48-25; Ord. No. 93-052(sub 1), § 3, 11-4-93; Ord. No. 01-046(sub 1), § 1, 11-1-01; Ord. No. 10-041(sub 1), § 12, 10-7-10)
(a)
Purpose. The C-6 district, special commercial, is designed to encourage intense and high quality commercial uses along boulevards and major arterial streets leading to and from Wilmington's downtown area. Special controls on height and bulk as provided in division 3 of this article are designed to provide a proper setting for the development of these commercial uses. Review and approval of all new buildings and uses by a design review and preservation commission is required.
(b)
Uses, etc., generally. In any C-6 district, no building or premises shall be used and no building shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed in the following paragraphs of this section, subject to the review and approval of the design review and preservation commission, and further subject to off-street parking and loading requirements of article X of this chapter, but in no case shall the powers of the design review and preservation commission be exercised until such time as standards for the review of buildings to be erected or altered in C-6 districts have been adopted by the design review and preservation commission and by city council, following which, such powers shall be exercised in accordance therewith.
(c)
Uses permitted as a matter of right. The following uses are permitted as a matter of right:
(1)
Any use permitted in R-5-C districts under section 48-139(c).
(2)
Retail store or shop for the performance of personal services; provided, that:
a.
No manufacturing, wholesaling or jobbing shall be carried on therein;
b.
No merchandise shall be carried other than that intended to be sold at retail on the premises; and
c.
Such use is located within a building devoted to another principal permitted use.
d.
Use shall be subject to the limitation on hours of operation contained in section 5-78 of this Code.
(3)
Office, bank or other financial institution.
(4)
Restaurant or lunch room; provided, that such use is located within a building devoted to another principal permitted use.
(5)
Automobile parking for occupants or customers of buildings permitted in the district, subject to the special provisions of sections 48-477, 48-478 and article XI, division 3 of this chapter.
(6)
Private garage, subject to the special provisions of sections 48-477, 48-478 and article XI, division 3 of this chapter.
(7)
Public garage and service facilities for motor vehicles, but not including paint or body shop, subject to the special provisions of section 48-478
(8)
Private club or lodge not conducted primarily for gain.
(9)
Hotel or motel.
(10)
Telephone central office, but not including storage of materials or trucks, maintenance or repair facilities, or housing of repair crews.
(11)
Indoor theatre or assembly hall.
(12)
Commercial parking lot, subject to the special provisions of sections 48-477, 48-478 and article XI, division 3 of this chapter.
(13)
A sign, other than a billboard, subject to compliance with chapter 41 of this Code.
(14)
Emergency shelter for the homeless, subject to the requirements specified for such use in C-2 districts under section 48-193(c)(18).
(15)
An antenna mounted at a minimum height of ten stories or 100 feet in height above ground level to a rooftop or appurtenant structure located on a building rooftop, such as a penthouse, chimney or mechanical equipment; provided that, such antenna conforms with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.
(d)
Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:
(1)
An antenna that is proposed to be mounted to a building and concealed within an architectural element of the building; provided, that:
a.
Accessory structures are similarly concealed or obscured from view; and
b.
It shall conform with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.
(2)
A facade mounted antenna on a tiered building; provided, that:
a.
The antenna is proposed for mounting at a minimum height of ten stories or 100 feet in height above ground level;
b.
The antenna is proposed for installation on the recessed facade of the upper stories; and
c.
The antenna conforms with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.
(e)
Accessory uses and buildings. Accessory uses and buildings customarily incident to the uses otherwise authorized by this section are permitted.
(Code 1968, § 48-25.1; Ord. No. 93-033(sub 1), § 1, 11-4-93; Ord. No. 05-050(sub 4), § 6, 7-13-06; Ord. No. 10-041(sub 1), § 13, 10-7-10)