Sec. 656.312. - Neighborhood Commercial Category.

This category permits retail uses, office commercial uses and services establishments which serve the daily needs of contiguous residential neighborhoods. Neighborhood commercial sites should abut a roadway classified as a collector or higher facility on the adopted Functional Highway Classification Map. Sites with two or more property boundaries on transportation rights-of-way will be considered preferred locations for neighborhood serving uses. Mobile food vehicles which employ an open flame, propane or combustible fuel to prepare food, are prohibited from preparing, distributing or selling food or beverages, or in any other way operating as a food service business, on any property that dispenses gasoline or other flammable petroleum products for commercial sale within 300 feet from the pump or other mechanism that dispenses the gasoline or other flammable petroleum products for commercial sale. This prohibition does not extend to adjacent properties regardless of their distance from the pump or other mechanism that dispenses gasoline or other flammable petroleum products. The following primary and secondary zoning districts may be considered in the Neighborhood Commercial Category depicted on the Future Land Use Maps of the Comprehensive Plan. A. Primary zoning districts. The primary zoning districts shall include the following: (1) Commercial Office (CO); Section 656.311 . (2) Commercial Neighborhood (CN); Section 656.312 . These districts allow neighborhood commercial uses which include convenience goods, personal services, and other low intensity retail and office uses developed in freestanding or shopping center configurations. Normally, such shopping centers will be anchored by a food store and will contain other supporting retail and office uses. I. Commercial Office (CO) District. The permitted uses and structures, accessory uses and structures, permissible uses by exception, minimum lot and yard requirements, maximum lot coverage, impervious surface ratio, and height of buildings and structures shall be as provided for in Section 656.311 herein. II. Commercial Neighborhood (CN) District. (a) Permitted uses and structures. (1) Medical and dental or chiropractor offices and clinics (but not hospitals). (2) Professional and business offices. (3) Multi-family residential vertically integrated with a permitted use on the ground floor. (4) Neighborhood retail sales and service establishments, however no individual building footprint shall exceed 40,000 square feet. (5) Service establishments such as barber or beauty shops, shoe repair shops. (6) Restaurants without drive-in or drive-through facilities. (7) Banks without drive-thru tellers and financial institutions, travel agencies and similar uses. (8) Libraries, museums and community centers. (9) An establishment or facility which includes the retail sale of beer or wine in sealed containers for off-premises consumption. (10) Veterinarians meeting the performance standards and development criteria set forth in Part 4. (11) Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4. (12) Employment office (but not a day labor pool). (13) Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4. (14) Art galleries, dance, art, gymnastics, fitness center, martial arts, music and photography studios, and theaters for stage performances (but not motion picture theaters). (15) Pharmacies in existence as of the effective date of Ordinance 2018-75-E shall be legally permitted uses and shall not be deemed legal nonconforming uses. (b) Permitted accessory uses and structures. See Section 656.403 . (c) Permissible uses by exception. (1) Off-street parking lots for premises requiring off-street parking meeting the performance standards and development criteria set forth in Part 4. (2) Filling or gas stations, with ancillary single bay automated car wash, meeting the performance standards and development criteria set forth in Part 4. (3) Retail outlets for sale of used wearing apparel, toys, books, luggage, jewelry, cameras and sporting goods. (4) An establishment or facility which includes the retail sale of beer or wine for on-premises consumption. (5) An establishment or facility which includes the retail sale and service of all alcoholic beverages including liquor, beer or wine for on-premises consumption. (6) Permanent or restricted outside sale and service in conjunction with a restaurant, meeting the performance standards and development criteria set forth in Part 4. (7) Drive-thru facilities in conjunction with a permitted or permissible use or structure. (8) Day care centers meeting the performance standards and development criteria set forth in Part 4. (9) Animal boarding for household pets, meeting the performance standards and development criteria set forth in Part 4. (10) Automated Car Washes meeting the performance standards and development criteria set forth in Part 4. (11) Auto Laundry, meeting the performance standards and development criteria set forth in Part 4. (d) Minimum lot requirements (width and area). (1) Minimum lot width—75 feet, except as otherwise required for certain uses. (2) Minimum lot area—7,500 square feet, except as otherwise required for certain uses. (e) Maximum lot coverage by all buildings and structures. 50 percent. Impervious surface ratio as required by Section 654.129 . (f) Minimum yard requirements. (1) All uses: (i) Front—10 feet or, where the lot is adjacent to a residential district the required front yard setback of the residential district, whichever is greater. (ii) Side—None. (iii) Rear—Ten feet. (g) Maximum height of structures. 60 feet, provided the building height shall not exceed 45 feet when adjacent to a single family use of zoning district. (h) Limitations on permitted or permissible uses by exception. All of the permitted or permissible uses by exception are subject to the following provisions unless otherwise provided for: (1) Sale, display, preparation and storage shall be conducted within a completely enclosed building. (2) Products shall be sold only at retail. B. Secondary zoning districts. The following secondary zoning districts may be permitted in the Commercial Neighborhood Category as depicted on the Future Land Use Maps of the Comprehensive Plan, subject to the district regulations for same. (1) Agriculture (AGR); Section 656.331 . (2) Public Buildings and Facilities-1 (PBF-1); Section 656.332 . (3) Public Buildings and Facilities-2 (PBF-2); Section 656.332 . (4) Conservation (CSV); Section 656.333 . (5) Commercial Residential Office (CRO); Section 656.311 . (6) Planned Unit Development (PUD); Section 656.340 . The aforementioned secondary zoning districts may be permitted provided that the supplemental criteria and standards for same specified in Subpart G, Part 3 are met. (Ord. 2007-704-E, § 1; Ord. 2008-473-E, § 1; Ord. 2013-186-E, § 1; Ord. 2017-701-E , § 1; Ord. 2018-75-E , § 3; Ord. 2019-375-E , § 1; Ord. 2025-159-E , § 2)