Chapter 18.32
CENTRAL COMMERCIAL ZONE
Sections:
18.32.035 Uses permitted subject to specific development standards.
18.32.010 Intent.
The C-C zone is intended to encourage and accommodate the development and redevelopment of a viable central business district serving a broad trade area. The intended physical form of the district is an intensive concentration of compatible business, professional and commercial activities. (Ord. 394 § 2.20.02, 1981)
18.32.020 Permitted uses.
In the C-C zone, the following uses shall be permitted:
A. All retail uses, except the following:
1. Heavy farm and construction equipment sales and service,
2. Hay, grain and farm supply stores,
3. Trailer sales (including manufactured/mobile/modular homes and recreational vehicles),
4. Lumber sales,
5. Other similar uses;
B. All personal, professional and household service establishments;
C. Automobile parking;
D. Public uses;
E. Public utilities;
F. Houses of religious worship including, but not limited to, churches, mosques, synagogues, temples, convents, and related uses;
G. Schools of either a public or private nature.
H. All open storage that does not constitute a display for retail, wholesale or rental use shall be enclosed by a fence or wall six feet in height which obscures the view of the open storage area from adjoining properties and streets. As an alternative to a fence or wall, the city may permit one of the following: planting of a solid evergreen hedge at least six feet in height (such as green arborvitae shrubs); installation of a landscaped berm with the berm being a minimum of six feet in height; or development of a combination landscaped earthen berm topped with a solid evergreen hedge having a combined total minimum height of at least six feet.
All outdoor trash, garbage, and refuse storage areas shall be screened on all sides from public view and, at a minimum, shall be enclosed on three sides with a six-foot-high concrete block or masonry wall, or a solid fence, with a solid gate for access installed on the fourth side. (Ord. 831 § 3, 2006; Ord. 826 § 6, 2005; Ord. 394 § 2.20.04, 1981)
18.32.030 Conditional uses.
All residential uses may be permitted as conditional uses, provided they meet the requirements of the M-F zone. Group homes may also be permitted as conditional uses, provided they also meet the requirements of the M-F zone. (Ord. 722 § 90, 1998; Ord. 394 § 2.20.06, 1981)
18.32.035 Uses permitted subject to specific development standards.
A. Adult Business Uses.
1. Intent and Purpose. It is recognized, from the experiences of various communities around the region and the nation, that a concentration of certain adult business uses tends to contribute to or result in blight and deterioration in the areas of such concentration. Therefore, to preserve the integrity of the city of Deer Park, it is necessary and prudent to establish special zoning regulations applicable to adult business uses. Accordingly, it is the purpose of this section to establish a comprehensive set of regulations applicable to adult business uses as defined herein.
2. Definitions. For the purposes of this chapter, the following words and phrases uses in this section are hereby defined as follows:
a. “Adult business use” means and includes the following:
i. “Adult media store” means an establishment having, as a significant portion of its stock in trade, books, newspapers, magazines, other periodicals, and/or video media, films, photographs, etc. which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” and which excludes the patronage of minors.
ii. “Adult model studio” means any place where, for any form of consideration or gratuity, figure models who display “specified anatomical areas” are provided to be observed, sketched, drawn, painted, sculptured, visually recorded, photographed, or similarly depicted by persons paying such consideration or gratuity.
iii. “Adult motion picture/video arcade” means any place where the public is permitted or invited wherein coin or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices, including but not limited to video monitors, are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas.”
iv. “Adult motion picture/video peep show” means an establishment which excludes the patronage of minors, used for presenting material distinguished or characterized by an emphasis on material depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” exhibited in a viewing booth, through a small aperture, upon deposit of a coin or other form of compensation for such viewing.
v. “Adult motion picture theatre” means a building customarily used for presenting motion pictures, videos, slides, or other visual material distinguished by or characterized by an emphasis on material depicting or describing “specified sexual activities” or “specified anatomical areas.”
vi. “Cabaret” means a nightclub, concert hall, auditorium, theatre, or similar establishment, which for any form of consideration, regularly features live performances which are characterized by the exposure of “specified anatomical areas” or “specified sexual activities.”
vii. “Sexual paraphernalia store” means any retail store specializing in the sale of paraphernalia, devices, or equipment distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or used in connection with “specified sexual activities.”
b. “Specified anatomical areas” means the following:
i. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
ii. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
c. “Specified sexual activities” means the following:
i. The fondling or other touching of human genitals, pubic region, buttocks, anus, or female breasts; or
ii. Sex acts, normal, perverted, or otherwise, actual or simulated, including intercourse, oral copulation, or sodomy; or
iii. Masturbation, actual or simulated; or
iv. Excretory functions as part of, or in connection with, any of the activities set forth in subsection (A)(2)(c)(i) through (iii) of this section.
3. Locational Requirements. Adult business uses as defined in this section shall be permitted in the central commercial (C-C) zone only, subject to the following requirements:
a. No adult business shall be permitted within 450 feet of any of the following:
i. Any library;
ii. Any park, playground, swimming pool, or other public area intended for passive or active recreational usage;
iii. Any public or private school and its grounds;
iv. Any nursery school or day care center;
v. Any church, monastery, convent, synagogue, or other place of religious worship; or
vi. Any property zoned or used for residential development.
b. No adult business use shall be permitted within 700 feet of another adult business use.
c. The distances provided in this section shall be measured by the shortest distance, without regard to intervening buildings, from the nearest point of the perimeter of the lot or parcel upon which the adult business use is to be located, to the nearest point of the perimeter of the lot, parcel, or zoning district from which the adult business use is required to be separated. (Ord. 722 § 91, 1998)
18.32.040 Building site area.
There shall be no minimum site area requirements in the C-C zone. (Ord. 394 § 2.20.08, 1981)
18.32.050 Yards.
There shall be no minimum yard requirements other than those required pursuant to Chapter 18.74 DPMC related to parking. (Ord. 974 § 1, 2018: Ord. 394 § 2.20.10, 1981)
18.32.060 Height limits.
No building shall exceed 35 feet in height. (Ord. 394 § 2.20.12, 1981)
18.32.070 Signs.
Except as expressly permitted elsewhere in this section, only flat wall signs or flat signs on the faces of marquees will be permitted in a C-C zone. All signs must relate only to the name and use of the store and premises or to the products sold therein. Signs perpendicular to the faces of the buildings are allowed; provided, that such signs do not extend more than eight feet out from the face of the building and they must not be closer than two feet from the edge of the curb or the end of the sidewalk. The bottom of the sign must be at least 10 feet above the sidewalk. Freestanding signs as specified herein, not over 35 feet in height above ground level, shall be permitted. The number of such freestanding signs shall be limited to one per building. Such freestanding signs shall be of permanent construction. Blinking, flashing or rotating signs are prohibited when the building abuts a residential zone. (Ord. 394 § 2.20.14, 1981)
18.32.080 Parking.
Parking and loading shall conform with the provisions of Chapter 18.74 DPMC and parking for residential uses shall adhere to the standards of the M-F zone. However, no off-street parking shall be required for commercial buildings with lot frontage on Main Street from A Street to Second and on Crawford Avenue from the railroad tracks east to Arnim Avenue. (Ord. 974 § 1, 2018: Ord. 722 § 92, 1998)