§ 17.4.403. CC-2 central commercial zone.

A.

Intent. It is the intent of this zone to: (1) facilitate the orderly development of property within and adjacent to the built-up central business area of the city for commercial purposes but to do so in a manner to minimize the adverse impacts of such commercial activity on existing residents and residential uses in the zone area and, (2) encourage and facilitate the preservation and restoration of homes in the zone area having unique historic significance.

The zone is to be applied to the existing built-up areas within and adjacent to the existing central commercial areas of the city which were initially developed for residential purposes, but which have more recently experienced a trend toward conversion in use for office and commercial purposes.

The zone is characterized by a mixture of relatively small commercial structures and existing residences converted for office and retail and service commercial purposes and located in pleasant landscaped settings, interspersed with older residential structures, still occupied as dwellings. Many of the dwellings and converted dwellings qualify for historic building status.

B.

Permitted and conditional uses. The following buildings, structures and uses of land shall be permitted upon compliance with the requirements set forth in this code:

1.

Residential structures, provided that said structure existed as a residence prior to the effective date of this chapter. Also, customary residential accessory structures (i.e. swimming pools, detached garages, private greenhouses etc.) when appurtenant to and on the same lot as a residence.

2.

Home occupations, when conducted as an incidental part of a residence permitted pursuant to paragraph 1 above, and subject to the provisions of Section 17.5.123.

3.

General retail stores and shops providing goods and services for sale at retail in the customary manner.

4.

Office buildings, medical clinics.

5.

Commercial recreation enterprises including movie theaters, bowling alleys, recreation centers, athletic clubs, etc.

6.

Accessory signs in accordance with the provisions of Section 17.5.128.

7.

Historic building conservation projects, subject to the applicable provisions of Section 17.7.801 of this code.

8.

Specialty schools subject to the approval of a site plan in accordance with the provisions of section 17.6.101.

9.

Pre-schools and day-care nurseries subject to approval of a site plan in accordance with the provisions of section 17.6.111.

10.

Residential facility for handicapped persons, when occupying a residential structure constructed prior to the classification of the property into the CC-2 zone and subject to the standards and conditions set forth under Section 17.6.107.

11.

Residential facilities for elderly persons and residential health care facilities (small scale), when occupying a residential structure constructed prior to the classification of the property into the CC-2 zone and subject to the standards and conditions set forth in Section 17.6.108.

12.

Youth group housing facilities, when occupying a residential structure constructed prior to the zoning of the property into the CC-2 zone and subject to the standards and conditions set forth in Section 17.6.109.

13.

Check cashing and similar businesses subject to the provisions of Section 17.6.114 of this code and Chapter 5.30 of the city code.

C.

Lot area and width requirements.

1.

Lot occupied by a dwelling structure. Same as required for residential structures in the R-4-7500 zone.

2.

Lot occupied by an office and commercial structure. There shall be no minimum lot area or width requirements except that an area sufficient to accommodate the structure, landscaped areas, minimum setback, required off-street parking, loading and unloading, vehicular ingress and egress shall be provided and maintained.

D.

Location requirements. Buildings shall be set back from the lot lines as follows:

1.

Front and rear setback. All buildings shall conform to the front and rear setback requirements for dwellings in the R-4-7500 zone.

2.

Side setback.

a.

When abutting a street. Same as required for the R-4-7500 zone.

b.

Interior side. All buildings shall conform to the side setback requirements for dwellings in the R-4-7500 zone, except that where a proposed building is located adjacent to a parcel having a zone designation which allows a side or rear setback requirement less than required under the R-4-7500 zone, the minimum side setback for the adjacent side lot line shall be the same as for the adjacent zone.

E.

Special provisions.

1.

No portion of any front setback area shall be devoted to off-street parking. All portions of the required front setback area not required for access to off-street parking facilities shall be landscaped. No portion of the front setback area shall be used for merchandise display.

2.

Any proposal to construct a new commercial structure or any enlargement thereof shall require the submission of and approval of a site plan as set forth under Section 17.6.101.

3.

Any proposal to convert an existing residential structure to commercial purposes shall require the submission and approval of a site plan by the planning commission in accordance with the provisions of Section 17.6.101.

4.

No structure which has been occupied as a commercial establishment shall be occupied as a residence without first having a site plan approved by the planning commission. Before granting approval of a site plan the commission shall make a determination that the proposed structure conforms to all of the provisions of the R-4-7500 zone relating to residential structures, including, but not limited to the setback, landscaping and off-street parking provisions.

5.

Existing residential structures proposed to be occupied for commercial purposes shall first be made to conform to the applicable provisions of the building code, electrical code, plumbing code, fire code and other applicable codes for commercial structures.

6.

Existing residential structures may be enlarged or improved to provide more living space, provided that such enlargement will comply with the setback and other requirements of the zone, and that the planning commission, upon review of the proposed site plan and architectural drawings determines that the character of any such enlargement is consistent with the design and construction of the original building.

7.

All residential structures proposed for enlargement, all residential structures proposed for conversion to commercial or other non-residential purposes and all new commercial or other non-residential uses shall conform to the off-street parking requirements of this code.

(Ord. No. 08-01-05; Ord. No. 2009-01-06)