Article 5. Commercial Districts (C)
Sec. 8-5.1 Purpose
Sec. 8-5.2 Types Of Commercial Districts
Sec. 8-5.3 Generally Permitted Uses And Structures
Sec. 8-5.4 Uses And Structures In Commercial Districts That
Require A Use Permit
Sec. 8-5.5 Development Standards For Commercial Development
Sec. 8-5.6 Permits Required
Sec. 8-5.7 Application To Commercial Development In Other
Districts
Sec. 8.5.8 Maximum Residential And Resort Densities Within
Commercial Districts
Sec. 8-5.1 Purpose.
(a) To designate areas suitable for commercial and public or private
business activities distributed so as to supply goods and services to the public in a
convenient and efficient manner.
(b) To relate commercial and business activities to established or
projected transport, utility and community patterns so that they may contribute to the
general health, safety and welfare of the public.
(c) To assure that commercial and business development and uses will
not detract from the environmental qualities of the surrounding areas. (Ord. No. 164,
August 17, 1972; Sec. 8-5.1, R.C.O. 1976)
Sec. 8-5.2 Types Of Commercial Districts.
(a) There are two (2) Commercial Districts:
(1) Neighborhood Commercial. The official abbreviated designation for
"Neighborhood Commercial" is "CN".
(2) General Commercial. The official abbreviated designation for
"General Commercial" is "CG".
(b) Neighborhood Commercial shall include uses and services which are
frequently required and utilized by residents of all ages and which can be compatibly
located in close proximity to residential districts.
(c) General Commercial shall include uses and services which are less
frequently used and which are normally supplemented by and dependent upon the aggregate
activities of a central commercial center serving several residential neighborhoods and
which are less compatible with the environmental qualities of residential districts. (Ord.
No. 164, August 17, 1972; Sec. 8-5.2, R.C.O. 1976)
Sec. 8-5.3 Generally Permitted Uses And
Structures.
(a) Neighborhood Commercial. The following uses and structures are
permitted in neighborhood commercial districts:
(1) Accessory uses and structures
(2) Automobile services
(3) Churches, temples and monasteries
(4) Clubs, lodges and community centers
(5) Household services
(6) Museums, libraries and public services
(7) Personal services, such as barber shops, laundromats, and shoe
repair shops
(8) Professional offices
(9) Public parks and monuments
(10) Retail shops and stores
(11) Restaurants and food services
(12) Single family detached dwellings on lots or parcels of no less
than six thousand (6,000) square feet, and to a density not to exceed six (6) units per
acre.
(b) General Commercial. The following types of uses and structures are
permitted in general commercial districts:
(1) Accessory uses and structures
(2) Automobile sales, repair and storage
(3) Automobile services
(4) Churches, temples and monasteries
(5) Clubs, lodges and community centers
(6) Commercial indoor amusement and parks
(7) Department stores
(8) Hotels and motels
(9) Household services
(10) Light manufacturing, such as handicrafts and garment fabrication
(11) Minor food processing, such as cracked seeds, jellies, candies and
ice cream
(12) Museums, libraries and public services
(13) Offices and professional buildings
(14) Parking garages
(15) Personal services
(16) Public offices and buildings
(17) Public parks and monuments
(18) Research and development
(19) Restaurants and food services
(20) Retail sales
(21) Supermarkets and shopping centers
(22) Transportation terminals and docks
(23) Warehouses
(24) Wholesale outlets
(Ord. No. 164, August 17, 1972; Sec. 8-5.3, R.C.O. 1976)
Sec. 8-5.4 Uses And Structures In Commercial
Districts That Require A Use Permit.
(a) Neighborhood Commercial. The following uses and structures in
neighborhood commercial districts require a use permit:
(1) Animal hospitals
(2) Automobile sales, repair and storage
(3) Botanic and zoologic gardens
(4) Communications facilities
(5) Construction materials storage
(6) Diversified agriculture
(7) Food processing and packaging
(8) Light manufacturing
(9) Multiple family dwellings and single family attached dwellings
(10) Private and public utilities and facilities
(11) Project development in accordance with Article 18 of this
Chapter
(12) Research and development
(13) Schools and day care centers
(14) Warehouses
(15) Any other use or structure which the Planning Director finds to be
similar in nature to those listed in this section and appropriate to the District.
(b) General Commercial. The following uses and structures in general
commercial districts require a use permit:
(1) Animal hospitals
(2) Bars
(3) Botanic and zoologic gardens
(4) Commercial outdoor amusement
(5) Communications facilities
(6) Construction materials storage
(7) Diversified agriculture
(8) Food processing and packaging
(9) Nightclubs and cabarets
(10) Private and public utilities and facilities
(11) Project development in accordance with Article 18 of this
Chapter.
(12) Residential dwellings, detached, attached or multi-family
(13) Schools and day care centers
(14) Warehouses
(15) Any other use or structure which the Planning Director finds to be
similar in nature to those listed in this section and appropriate to the Planning
Director. (Ord. No. 164, August 17, 1972; Sec. 8-5.4, R.C.O. 1976)
Sec. 8-5.5 Development Standards For
Commercial Development.
(a) Lot Size. Lot size shall be as follows:
(1) The minimum lot or parcel area which may be created in a
Neighborhood Commercial District shall be six thousand (6,000) square feet.
(2) The minimum lot or parcel area which may be created in a General
Commercial District shall be eight thousand five hundred (8,500) square feet.
(3) Any existing legal lot or parcel of record as of the effective date
of this Ordinance that is smaller than the required size may be developed for commercial
use.
(4) Lot or parcel area shall be calculated in accordance with Sec.
8-3.8(b).
(b) Setback Requirements. Setback requirements shall be as follows:
(1) Minimum distances from property lines.
(A) The minimum distance of any building from the right-of-way line of
a public or private street or the pavement line of a driveway or parking lot used by the
public shall be five (5) feet unless the building is entered from that side by motor
vehicles in which case the minimum distance shall be fifteen (15) feet.
(B) The minimum distance of any building to a side property line when
the adjacent use district is commercial shall be zero. When the adjacent use district is
other than commercial, the minimum distance to the property line shall be the same as that
required for residential use.
(C) The minimum distance of any building to a rear property line when
adjacent use district is commercial shall be zero. When the adjacent rear use district is
other than commercial, the minimum distance to the rear property line shall be ten (10)
feet.
(c) Minimum Distance Between Buildings. The minimum distance between
detached buildings on the same parcel shall be fifteen (15) feet for each story over two
(2), or one- half (1/2) the total height of the highest building, whichever is greater.
(d) Parcel Dimension Requirements. No parcel shall be created unless:
(1) It has a minimum frontage on a public street of sixty (60) feet in
a Neighborhood Commercial District and one hundred (100) feet in a General Commercial
District;
(2) The average depth of the parcel is not greater than four (4) times
its average width; and
(3) The minimum average width is sixty (60) feet in a Neighborhood
Commercial District and one hundred (100) feet in a General Commercial District.
(e) Driveways and Parking Areas. Driveways and parking areas shall be
as follows:
(1) The minimum driveway width in Commercial Districts shall be twenty
(20) feet if there is two-way traffic and fourteen (14) feet if there is one-way traffic.
(2) Parking areas shall conform to standards of design and construction
established by the County Engineer, provided that:
(A) No parking lot pavement edge may be located closer than five (5)
feet from the right--of-way line of a public street;
(B) No part of parked vehicles shall protrude into that setback;
(C) All parking lots shall be screened from public thoroughfares by a
fence, wall or plant screen not less than four (4) feet high, provided that the screening
height shall be lowered to the standards as required under the County Traffic Code or to
the standards of the Department of Public Works, at street corners, driveway
intersections, and other locations. The setback area between the parking area paving and
the public right-of-way shall be planted and shall not be paved.
(3) Off-Street Parking. The following requirements shall apply to
commercial development in the Commercial District and any other district in which such
uses are permitted or allowed:
(A) General retail sales and services where sales or business
transactions normally involve the presence of consumers but do not establish capacity by
seating: One (1) parking space for each three hundred (300) square feet of gross floor
space plus one (1) space for every three (3) employees, but not less than four (4) spaces
shall be required. This category includes, but is not limited to, grocery stores, drug
stores, clothing stores, gift and sundry stores, banks, personal and household services.
(B) Retail sales and services where the capacity is established by
seating: One (1) parking space for each two hundred (200) square feet of gross floor space
plus one (1) space for every three (3) employees, but not less than four (4) spaces shall
be required. This category includes, but is not limited to, restaurants, bars, cabarets,
barber and beauty shops.
(C) Offices and office buildings: One (1) parking space for every two
hundred (200) square feet of net office space and waiting rooms or other spaces used by
the public for the transaction of business or services, but not less than two (2) parking
spaces shall be required. This category includes, but is not limited to, general business
offices, medical and dental offices.
(D) Churches, sport arenas, auditoriums, theaters, assembly halls and
the like: One (1) parking space for each eight (8) seats in principal assembly room.
(E) The Planning Director shall determine the distribution of
requirements for any particular use or combination of uses and may increase parking
requirements when particular uses or locations occur in areas where unusual traffic
congestion or conditions exist or are projected.
(F) In cases where the provision of off- street parking to meet these
requirements is not feasibly consistent with the parcel size or location, the applicant
may be allowed to meet these requirements at any other location within two hundred (200)
feet of the parcel where the use is proposed, provided that the requisite number of
parking spaces at the location are under the control of the applicant and are devoted
exclusively to parking uses in connection with the commercial development for which the
application is made; and provided further, that a recorded easement or other interest is
created in the land at the other location that assures permanent use of the other location
for parking purposes.
(f) Height Limitations. Height limitations shall be as follows:
(1) No building within a General Commercial District shall exceed fifty
(50) feet in height, measured from the ground level of the primary building entrance.
(2) No building within a Neighborhood Commercial District shall exceed
thirty-five (35) feet in height measured from the ground level of the primary building
entrance nor shall the building contain more than two (2) stories.
(g) Lot Coverage. Lot coverage shall be as follows:
(1) The amount of land coverage created, including buildings and
pavement, shall not exceed eighty percent (80%) of the lot or parcel area within a
Neighborhood Commercial District.
(2) The amount of land coverage created, including buildings and
pavement, shall not exceed
ninety percent (90%) of the lot or parcel area within a General
Commercial District.
(3) All uncovered areas shall be landscaped with living plant material.
(h) Waste Collection Areas. Waste collection areas shall be enclosed.
(i) Sewers. All commercial development accessible to a public sewer
shall provide for adequate sanitary sewer facilities in accordance with standards
established by the Department of Health. In developments not accessible to public sewers,
a private sewage disposal system shall be provided that meets the requirements of the
Department of Public Works and the requirements of Chapter 57 of the Public Health
Regulations of the State Department of Health.
(j) Public Access. The Planning Commission may require the dedication
of adequate public access-ways not less than ten (10) feet in width to publicly-owned land
or waters and may require the preservation of all historic and archaeologic sites, known
or discovered on the parcel subject to development. (Ord. No. 164, August 17, 1972; Sec.
8-5.5, R.C.O. 1976)
Sec. 8-5.6 Permits Required.
No construction or other development for which standards are
established in this Chapter shall be undertaken within any Commercial District except in
accordance with a valid zoning permit. The following zoning permits, in accordance with
Article 19 shall be required for the following activities:
(1) Class I Permit. A Class I Permit must be obtained for construction
or development on a parcel where:
(A) the parcel is not located in a Constraint District or a Special
Treatment District and is not larger than ten thousand (10,000) square feet; and
(B) the construction or development does not require a use permit or a
variance permit.
(2) Class II Permit. A Class II Permit must be obtained for
construction or development on a parcel where:
(A) the parcel is not located in a Constraint District or a Special
Treatment District and is larger than ten thousand (10,000) square feet but smaller than
twenty thousand (20,000) square feet; and
(B) the construction or development does not require a use permit or a
variance permit.
(3) Class III Permit. A Class III Permit must be obtained for
construction or development on a parcel where:
(A) the parcel is larger than twenty thousand (20,000) square feet but
smaller than one (1) acre, whether or not the parcel is located within a Constraint
District or a Special Treatment District, and the construction or development does not
require a variance permit; or
(B) for construction or development on a parcel for which a Class I or
Class II Permit would otherwise be obtainable except that the parcel is located in a
Constraint District or a Special Treatment District.
(4) Class IV Permit. A Class IV Permit must be obtained for
construction or development on a parcel that is:
(A) one (1) acre or more, whether or not the parcel is located in a
Constraint District or Special Treatment District, and whether or not a use permit or
variance permit is required; or
(B) for construction or development for which a Class I, II, or III
Permit would otherwise be obtainable except that a variance permit is required.
(5) To obtain any permit, the applicant shall show compliance with the
Standards established in this Section and shall submit, where necessary, a plot plan as
required by Sec. 8-3.8(d). (Ord. No. 164, August 17, 1972; Sec. 8-5.6, R.C.O. 1976)
Sec. 8-5.7 Application To Commercial
Development In Other Districts.
All commercial construction, development or use permitted by, or in
accordance with, this Chapter in any other Use District shall be carried out in accordance
with the Standards established in this Article, with the following exceptions:
(1) Building heights shall conform to the Standards of the applicable
Use District.
(2) Minimum Distances from property lines shall be the same as required
of other development in the applicable Use District. (Ord. No. 164, August 17, 1972; Sec.
8-5.7, R.C.O. 1976)
Sec. 8-5.8 Maximum Residential And Resort
Densities Within
Commercial Districts.
(a) Neighborhood Commercial. The allowable maximum residential density
shall be the greater of the following:
(1) that permitted in an R-10 District;
(2) that permitted in any Residential District that adjoins the
Neighborhood Commercial District in question.
(b) General Commercial. The allowable maximum densities shall be as
follows:
(1) That permitted in an R-20 District.
(2) Hotels: That permitted in an RR-20 District.
(3) Motels: That permitted in an RR-10 District.
(Ord. No. 164, August 17, 1972; Sec. 8-5.8, R.C.O. 1976)
Sec. 8-5.1 Purpose
Sec. 8-5.2 Types Of Commercial Districts
Sec. 8-5.3 Generally Permitted Uses And Structures
Sec. 8-5.4 Uses And Structures In Commercial Districts That
Require A Use Permit
Sec. 8-5.5 Development Standards For Commercial Development
Sec. 8-5.6 Permits Required
Sec. 8-5.7 Application To Commercial Development In Other
Districts
Sec. 8.5.8 Maximum Residential And Resort Densities Within
Commercial Districts