Chapter 17.68
(C-2) HEAVY COMMERCIAL ZONING DISTRICT

Sections:

17.68.010    Purpose.

17.68.020    Use regulations.

17.68.030    Height regulations.

17.68.040    Yard regulations.

17.68.050    Intensity of use regulations.

17.68.070    Additional regulations.

Code reviser’s note: At the Town’s request, Section 17.68.060, Loading and unloading regulations, has been deleted to reflect Ord. 19-419’s amendment of Chapter 17.104.

17.68.010 Purpose.

The principal purpose of this zoning district is to provide for heavy commercial uses in locations which are suitable and appropriate taking into consideration land uses on adjacent or nearby properties, access to a major street or highway, or other means of transportation, and the availability of public utilities. This chapter is not intended to allow uses which would impose hazards or a nuisance to adjacent or other properties by reason of smoke, soot, odor, noise, glare, fumes or other conditions that would adversely affect the public health, safety or welfare. (Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(1501))

17.68.020 Use regulations.

A building or premises shall be used only for the following purposes:

A.    Any use permitted in the C-1 zoning district is subject to all the regulations in the use regulations for such C-1 zoning district unless the use is otherwise regulated in this chapter. Dwelling units, except as allowed herein, or other places of domicile, hotels, resort hotels and motels, and horse corrals and/or other facilities for the keeping of livestock shall not be permitted;

B.    Assembly of electrical appliances, electronic instruments and devices, radios, and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers and crystal holders;

C.    Automobile repair shops or public garages;

D.    Books, hand binding and tooling;

E.    Cabinet and carpenter shops;

F.    Compounding of cosmetics and pharmaceutical products;

G.    Construction equipment: sales, service and rental;

H.    Construction material sales yard including the manufacture of material such as concrete and asphalt and the storage of aggregates;

I.    Frozen food lockers;

J.    Gasoline or flammables bulk station provided the design, construction and maintenance conforms to applicable codes governing such bulk station;

K.    Ice distributing stations;

L.    Jewelry manufacture from precious metals and minerals;

M.    Laboratories, medical, dental, experimental, photo or motion pictures, research or testing;

N.    Lumber yards located out of doors, including any outdoor lumber sales;

O.    Manufacture of medical, dental and drafting instruments;

P.    Manufacture of optical goods and equipment, watches, clocks and other similar precision instruments;

Q.    Manufacture, compounding, processing, packaging or treatment of such products as candy, cosmetics, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries, but not including the refining and rendering of fats and oils;

R.    Manufacture of electrical or electronic apparatus, musical instruments, games and toys;

S.    Manufacture, compounding, assembling or treatment, including the use by artists, of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, glass, hair, leather, paper, plastics, precious or semiprecious metals or stones, sheet metal, shell, textiles, tobacco, wire, yarns, wood not involving planing mills, and paint not employing a boiling process;

T.    Medical marijuana cultivation in conformance with the requirements of Chapter 17.102, Medical Marijuana;

U.    Medical marijuana infusion (manufacturing) facilities in conformance with the requirements of Chapter 17.102, Medical Marijuana;

V.    Milk depots;

W.    Manufactured home and travel trailer sales;

X.    Offices;

Y.    Plumbing shops;

Z.    Public garages;

AA.    Printing, lithography and publishing establishments;

BB.    Radio and television broadcasting stations and studios, but not including transmitter towers and stations;

CC.    Sexually oriented businesses as defined in Section 5.20.020;

DD.    Stone monument sales;

EE.    Tinsmith shops;

FF.    Trade schools;

GG.    Upholstery shops;

HH.    Veterinary hospital or kennels;

II.    Wholesale stores;

JJ.    Any other office, laboratory and manufacturing uses similar to those uses enumerated herein which do not create any danger to the public health, safety and general welfare in surrounding areas and which do not create any offensive noise, vibration, smoke, dust, odor, heat or glare and which by reason of high value in relation to size and weight of merchandise received and shipped create very little truck traffic;

KK.    Accessory buildings and uses customarily incidental to the above uses;

LL.    Warehousing and storage, including construction material and equipment storage, public utilities materials and equipment storage, public warehouses (including mini-storage complexes), but not including the warehousing and storage of explosives and junk;

MM.    Waste control facility including all equipment necessary to collect and dispose of garbage, trash, and the like (does not include sanitary landfills);

NN.    Welding and blacksmith shop or machine shop, electroplating and electrowinning lightweight nonferrous metals not causing noxious fumes or odors;

OO.    Single-family dwelling or manufactured home to be used exclusively by the business owner, operator, watchman or caretaker;

PP.    Any other similar uses as determined by the Director and/or the Planning and Zoning Commission. (Ord. 15-393 § 1 (part): Ord. 11-346 § 3; Ord. 06-287; Ord. 01-193; Ord. 00-179; Ord. 95-106 (part); Ord. 90-82 § (1)(1502))

17.68.030 Height regulations.

Building height shall not exceed thirty-five (35) feet in height from grade to the highest point on the roof, unless otherwise provided in Section 17.104.050. (Ord. 15-393 § 1 (part): Ord. 06-287; Ord. 99-167, § 1; Ord. 90-82 § (1)(1503))

17.68.040 Yard regulations.

A.    Front Yard. There shall be a twenty (20) foot front yard requirement for properties adjacent to existing and proposed major streets. Parking is not allowed in front yards. For other properties located within the interior of any proposed development, there shall be a front yard of not less than ten (10) feet.

B.    Side yards are not required except as follows:

1.    If a lot is occupied by a dwelling, there shall be a side yard on each side of the dwelling having a width of not less than fifteen (15) feet.

2.    Where a lot is adjacent to a rural or residential zoning district, there shall be a side yard on the side of the lot adjacent to such rural or residential zoning district having a width of not less than fifteen (15) feet.

3.    Where a corner lot abuts a rural or residential zoning district, whether or not separated by a street or alley, there shall be a side yard on the street side of such corner lot having a width of not less than twenty (20) feet.

C.    Rear yards are not required except as follows:

1.    Where a lot abuts a rural or residential zoning district, whether or not separated by a street or alley, there shall be a rear yard having a depth of not less than twenty (20) feet.

2.    If a lot is occupied by a dwelling, there shall be a rear yard having a depth of not less than fifteen (15) feet, or in the case of a legally recorded undersized lot or parcel fifteen (15%) percent of the total lot depth. (Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(1504))

17.68.050 Intensity of use regulations.

The intensity of use regulations are as follows:

A.    Lot Area. Any lot shall have a minimum lot area of six thousand (6,000) square feet.

B.    Lot Width. Any lot shall have a minimum width of sixty (60) feet.

C.    Lot Coverage. The maximum lot coverage shall be fifty (50%) percent of the lot area. (Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(1505))

17.68.070 Additional regulations.

The additional regulations are as follows:

A.    Any property proposed for development, adjoining a rural or residential zoning district, or abutting a street or alley, shall be screened by a solid masonry (block, stone or brick) wall six (6) feet in height. Said wall shall be subject to review by the Design Review Board.

B.    Native trees and vegetation must be used to establish a forest landscaping theme along all major streets bordering the proposed development and within the twenty (20) foot front yard requirements. Properties located within the interior of any proposed development shall be landscaped in accordance with the criteria as contained within the Town landscaping regulations and subject to approval by the Design Review Board.

C.    Any lighting shall be placed so as to reflect the light away from neighboring lots or properties.

D.    No uses which would impose hazards or create a nuisance to adjacent or other properties by reason of smoke, soot, odor, noise, glare, fumes or other conditions that would adversely affect the public health, safety or welfare shall be allowed in the C-2 zone. A court may order the owner of property to abate any such hazard or nuisance in a civil or criminal proceeding in addition to any other sanctions or penalties authorized by this Town Code or other applicable law.

E.    Every person who owns a business, building, or structure in a commercially zoned area shall keep and maintain the land, building, or structure in a manner that is free of deterioration. (Ord. 23-456 § 1; Res. 23-1648 (Exh. A); Ord. 15-393 § 1 (part): Ord. 06-287; Ord. 90-82 § (1)(1507))