ARTICLE 9. COMMERCIAL ZONED DISTRICTS (C-1:C-4)

SECTION 9-1 INTENT

9-101. It is the intent of the commercial zoning districts to provide for areas of compatible commercial and service businesses.

SECTION 9-2 COMMERCIAL ZONING DISTRICTS

9-201. The following commercial zoning districts are hereby created: C-1, Office and Service Business District; C-2, Restricted Commercial District; C-3, General Commercial District; and C-4 Central Business District. Additional C-4 Central Business District regulations are set out in Article 10.

SECTION 9-3 PERMITTED AND CONDITIONAL USES

9-301. In the commercial zoning districts the uses listed in Table 9-1 within the designated zoning districts are permitted uses or conditional uses when so designated. Conditional uses require the issuance of a Conditional Use Permit in accordance with the provisions of Article 26.

No building or land shall be used and no building or structure shall be erected, altered or enlarged, which is arranged, intended or designed for other than one of the uses indicated in the following Table 9-1.

TABLE 9-1

P = Indicates Permitted Uses C = Indicates Conditional Uses

USE		C-1	C-2	C-3	C-4
1.	Ambulance service.			P	P
2.	Amusement places, indoor.			P	P
3.	Animal hospitals.			P(1)	P(1)
4.	Any public building or land use by any department of the City, county, state or federal government.	C	C	C	P
5.	Artists, authors, composers, studios and galleries	P	P	P	P
6.	Auditoriums, exhibition halls, fairgrounds, stadiums and similar uses.			P	P
7.	Automobile and truck wash services.			P	C
8.	Churches, similar places of worship.	P	P	P	P(2)
9.	Convenience stores.		P(3)	P	P
10.	Day care facilities: child care centers, day care homes, family day care homes, group day care homes and preschools.	P	P	P	P
11.	Dry cleaners-laundries, including self-service.			P	P
12.	Dwellings: When dwelling unit(s) located on other than ground floor of commercial structure.	P	P	P	P(7)
13.	Electric-telephone substations and similar public utility uses.		P	P	P
14.	Food catering service, lockers-storage.			P	P
15.	Fraternal-civic-social organizations.	P	P	P	P
16.	Funeral, crematory and mortuary services		P	P	P
17.	Furniture repair, upholstering			P	P
18.	Garden supplies – nurseries, greenhouses.			P	P
19.	Golf driving ranges.			C	C
20.	Health and exercise spas, gymnasiums.	P	P	P	P
21.	Hospitals, clinics, laboratories.	P	P	P	P
22.	Hotels and motels.		C	P	P
23.	Industrial laundry and linen supply services.			C	C
24.	Kennels-boarding and breeding.			C	C
25.	Miniature golf, outdoor.		P	P	C
26.	Mini-storage, self-storage.		C	C	C
27.	Manufactured home sales.			P	P
28.	Monument engraving and sales.			P	P
29.	Motor vehicle repair and body shops, provided all work shall be performed and all materials shall be stored within an enclosed building.			C	C
30.	Nursing homes, rest homes, convalescent homes and similar facilities.	P	P	P	P
31.	Offices: professional-business-educational-industrial-religious-philanthropic-public.	P	P	P	P
32.	Package liquor store.		C	C	C
33.	Printing, including newspaper publishing.			P	P
34.	Private clubs.			P(4)	P(4)
35.	Race track and courses – vehicle and animal.			C	C
36.	Radio and television broadcasting studios (without transmission towers).	P	P	P	P
37.	Radio or television broadcasting studios (with transmission towers).		P	P	P
38.	Radio, television or telephone transmitting station or towers, subject to further regulations set out in Article 23.		C	C	C
39.	Recreation centers.			P	P
40.	Recreational vehicles – trailers, equipment sales.			P	P
41.	Restaurants.	C	P	P	P
42.	Retail sales and rental of goods and merchandise including, but not limited to: antiques; apparel; appliances; bakeries; bicycles; books and stationery; building materials; carpet and other floor coverings; cigarettes; clocks; farm machinery and supplies; florists; food and groceries; furniture; hardware; heating, plumbing, and air conditioning equipment; jewelry; musical instruments; motor vehicles, parts and supplies; pet shops; pharmacies; photographic supplies and cameras; office equipment and supplies; service stations; and storage sheds.	P/ C(5)	P	P	P
43.	Retail sales of services including, but not limited to: banks, barber and beauty shops; building contractors, including air-conditioning, heating, plumbing and electrical; cleaning and repair; interior decorating; lawn care and landscaping; locksmith; message service; outdoor advertising; pet grooming; photocopying and blueprinting; and stenographic, duplicating and mailing services.	P	P	P	P
44.	Schools: a. Public and private elementary schools b. Public and private secondary schools c. Postsecondary educational institutions d. Business and training/vocational schools	C C P C	C C P C	C C P P	C C P P
45.	Storage or warehousing, except for products of a highly explosive, combustible or volatile nature.			C	C
46.	Taverns, bars and drinking establishments.			P(4)	C(4)
47.	Theaters, indoor.		P	P	P
48.	Theaters, outdoor.			C	C
49.	Travel trailer parks.			C(6)
50.	Wholesale establishment.			C	C

Permitted and conditional uses footnotes:

(1) Providing all services, runs and pens are within an enclosed building.

(2) Parsonages and similar uses when located in the C-4 District must comply with the same floor area regulations as set out in Item 12 (Dwellings) of Table 9-1.

(3) Including the self-service dispensing of gasoline and related petroleum products, providing there is no motor vehicle repair or service.

(4) Provided not located within 200 feet of: a church, a school or a hospital.

(5) If display area exceeds 2,000 sq. ft., regardless of number of stories.

(6) Subject to requirements set out in Section 9-11.

(7) Allowed on 1st floor with the issuance of a Conditional Use Permit pursuant to Section 26- 2.

(Ord. 3325)

SECTION 9-4 INTENSITY OF USE

9-401. (Reserved)

SECTION 9-5 HEIGHT AND YARD REGULATIONS

9-501.

a. Height: Except as otherwise provided in Article 20, no building or structure shall exceed forty-five (45) feet in height in the C-1, C-2 or C-3 zoning districts.

b. Yard: Front, side and rear yards shall be measured from the property line and shall comply with Table 9-2. Additional yard regulations are set out in Section 20-2.

TABLE 9-2

District	Front Yard	Side Yard	Rear Yard (1)
C-1	25 ft.	5 ft. – 1 or 2 stories 8ft. – 3 stories	25 ft.
C-2	25 ft.	10 ft. where property adjoins any residential-zoned district. In all other cases – 0.	10 ft. where property adjoins any residential-zoned district.
C-3	10 ft.	10 ft. where property adjoins any residential-zoned district. In all other cases – 0.	10 ft. where property adjoins any residential-zoned district.
C-4	0	0	0

(1) There shall be a thirty (30) foot rear yard for structures of three (3) stories or more in all zones.

SECTION 9-6 DEVELOPMENT STANDARDS

9-601.

a. C-1 zoning district: All business, storage, service of goods shall be located completely within an enclosed structure.

b. C-2, C-3 zoning districts: All outdoor storage, except merchandise for sale to the public, shall be screened from public view by at least ninety percent (90%) density screening, or within an attached covered accessory structure not exceeding 100 square feet of ground floor area located on the side or rear of the principal building.

c. All commercial zones: Where allowed, gasoline or other fuel dispensing pumps, excluding canopies, must be located at least twelve (12) feet from any property line.

SECTION 9-7 SIGN REGULATIONS

9-701. Sign regulations for the commercial districts are set out in Article 27.

SECTION 9-8 PARKING REGULATIONS

9-801. Parking regulations for the commercial districts are set out in Article 22.

SECTION 9-9 OFF-STREET LOADING AND UNLOADING REGULATIONS

9-901. Off-street loading and unloading regulations for the commercial districts are set out in Article 22.

SECTION 9-10 SUPPLEMENTAL REGULATIONS

9-1001. Supplemental regulations for the commercial districts are set out in Article 20.

SECTION 9-11 TRAVEL TRAILER PARKS

9-1101. Definitions. As used in this article, the following terms shall be defined as follows:

a. Travel trailer park means a campground for travel trailers, motor homes, camping trailers, recreational vehicles, camping tents and accessory service buildings and facilities for campgrounds.

b. Accessory travel trailer park means a type of travel trailer park consisting of a dedicated parking area not exceeding three (3) acres, for travel trailers, motor homes, camping trailers, and recreational vehicles, and their respective occupants and drivers, which parking area is operated as an accessory or secondary use to a primary allowed use dedicated to serving the traveling public 24 hours per day, 7 days per week on the same zoning lot.

9-1102. Where Permitted. A travel trailer park or accessory travel trailer park shall be allowed to locate only in the C-3 District and only upon issuance of a Conditional Use Permit issued in accordance with the provisions of this Article and Article 26.

9-1103. General Requirements.

a. Any tract of land permitted as a travel trailer park after the effective date of these regulations must be at least five (5) acres in area.

b. The applicant for a conditional use permit for a travel trailer park shall prepare and submit a schedule of construction, which shall provide for commencement of construction within a period of one (1) year following the approval of the permit by the Governing Body, and which shall provide that construction shall be completed within a period of two (2) years.

c. The applicant shall prepare or cause to be prepared a development plan and shall present five (5) copies of said plan for review by the Planning Commission and Governing Body. This plot plan shall show the proposed development and shall conform with the following requirements:

1. The travel trailer park shall be located on a well-drained site that is not subject to objectionable noise, smoke, odors, or other objectionable influences including unpredictable or sudden flooding. Exposed ground surfaces in all parts of the park shall be paved, covered with stone or other solid materials or protected with a vegetative growth capable of preventing and eliminating dust.

2. Travel trailer parks shall have a maximum density of twenty (20) trailer spaces per acre. A minimum of one thousand two hundred fifty (1,250) square feet shall be provided for each trailer space.

3. Each travel trailer space shall be at least twenty (20) feet wide and fifty (50) feet deep and shall have a clearly defined or marked border.

4. Trailers shall be placed on each space so that there is at least a ten (10) foot clearance between trailers. No trailer or other structure shall be located closer than twenty (20) feet from any building within the park or from any property line surrounding the park, except where such property line is a public street. No trailer or other structure shall be located closer than twenty-five (25) feet from any public street.

5. All parks shall be provided with safe and convenient vehicular access to each trailer space. Surfacing and maintenance shall provide a smooth, hard and dense surface which should be well drained and shall meet the following requirements:

(a) One-way, no parking, 15-foot width.

(b) One-way, parking on one side only, 20-foot width.

(d) Two-way, parking on one side only, 27-foot width.

(e) Two-way, parking on both sides, 30-foot width.

6. All roadways and walkways within the travel trailer park shall be hard-surfaced and adequately lighted at night with electric lamps.

7. A recreation area shall be provided at a central location in the park. The size of such recreation area shall be no less than two hundred (200) square feet for each trailer space in the park.

8. A solid or semi-solid fence, wall, or evergreen hedge six (6) feet in height and having a visual density of at least ninety (90) percent shall be installed and maintained by the owner when the district abuts a residential zoning district except that said fence, wall, or hedge shall be reduced to forty-two (42) inches in height when located in a front yard. A district shall not be considered as abutting if it is separated by a street or alley right-of-way.

9. One dwelling unit which may be a mobile home may be permitted on the site for the park operator.

10. Travel trailer spaces shall be rented by the day or week only, and the occupant of a travel trailer space shall remain in the same travel trailer park area no more than thirty (30) days.

9-1104. Water Supply. An accessible, adequate, safe and potable supply of water shall be provided in each travel trailer park. Where a public supply of water is available, connection shall be made thereto and its supply used exclusively. The public health agency having jurisdiction shall approve all private sources of water.

9-1105. Sewage Systems. An approved sewage system shall be provided within each travel trailer park. Where a public sewage system is located within 500 feet of the boundary of the park, connection shall be made thereto. The appropriate health authority shall approve all private sewage systems. A sanitary disposal station shall be provided at the rate of one such station for every hundred (100) trailer spaces and shall be approved by the zoning administrator. Such stations shall be screened from other activities by visual barriers such as fences, walls, or natural growth and shall be separated from any trailer or adjoining property by a distance of at least fifty (50) feet.

9-1106. Electrical. Electrical wiring systems shall be installed in accordance with applicable City- adopted electrical codes. Main power lines not located underground shall be suspended at least eighteen (18) feet above the ground. There shall be a minimum of eight (8) feet of vertical clearance between any trailer and the overhead wiring.

9-1107. Service Buildings. One or more service buildings shall be provided, meeting the following requirements:

a. Be located not nearer than twenty-five (25) feet from a trailer or a property line.

b. Be so located that any trailer which it serves shall not be parked more than two hundred (200) feet from the building.

c. Be of permanent type moisture-resistant construction to permit frequent washing and cleaning and be adequately lighted.

d. Have one (1) flush type toilet, one lavatory and one (1) shower or bathtub for females; and one flush type toilet, one (1) lavatory, one (1) shower or bathtub for males for up to nine (9) trailers. One additional unit of the above plumbing facilities shall be provided for each sex for each ten (10) additional trailers served or major fraction thereof. All lavatories, bathtubs and showers shall be connected with both hot and cold running water.

e. Have adequate heating facilities to maintain a temperature of seventy degrees Fahrenheit (70F.) in the building and provide hot water one hundred forty degrees Fahrenheit (140F.) at a minimum rate of eight (8) gallons per hour for the required fixture units.

f. Have all rooms well ventilated with all openings effectively screened.

g. Have an accessible, adequate, safe and potable water supply of cold water.

h. Have at least one (1) water closet or other facility suitable for the cleaning and sanitizing of bedpans or other waste receptacles.

i. Comply with all applicable chapters of the City's Building Code regarding the construction of buildings and the installation of electrical, plumbing, heating, and air conditioning systems.

j. Be maintained in a clean, sanitary condition and kept free of any condition that will menace the health of any occupants of the public or constitute a nuisance.

9-1108. Storm Shelters. Each travel trailer park shall provide a storm shelter for those persons living within the park. The shelter shall be based upon the following criteria or a protection plan approved by the Abilene Civil Defense Director or representative of the Director.

a. Storm shelters shall be provided one (1) shelter for each forty (40) trailer spaces. A minimum of one (1) shelter shall be provided for each park.

b. A minimum of five hundred (500) cubic feet of air space shall be provided in the storm shelter for each trailer space and shall be provided with an auxiliary forced air ventilation system.

c. Storm shelter plans shall be approved by the Building Inspector before the shelter is constructed.

9-1109. Solid Waste. The storage, collection and disposal of refuse in the travel trailer park shall be conducted so as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. All refuse shall be stored in flytight, watertight, rodent-proof containers, which shall be located not more than one hundred fifty (150) feet from any trailer space. All refuse shall be collected at least twice weekly.

9-1110. Open Fires. Cooking shelters, barbecue pits, fireplaces, wood-burning stoves and incinerators shall be so located, constructed, maintained and used as to minimize fire hazard and smoke nuisance both on the property on which used and on neighboring properties. No open fire shall be permitted, except in facilities provided by the park operator. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors.

9-1111. Register of Occupants. It shall be the duty of the park operator to keep a register containing a current record of all trailer owners and occupants located within the park. The register shall contain the following information:

a. The name and address of each trailer owner or tenant.

b. The name and address of each owner of a motor vehicle.

c. The date of arrival and departure of each trailer.

d. The license tag number of each motor vehicle.

The park owner, manager or caretaker shall keep the register available for inspection at all times by law enforcement officers, public health officials and other officials whose duties necessitate acquisition of the information contained in the register.

9-1112. Accessory travel trailer park. An accessory travel trailer park shall be exempt from the requirements of 9-1103 through 9-1110, except as may be required by the conditions imposed pursuant to a conditional use permit. In considering a conditional use permit application the Planning Commission and Governing Body may impose requirements related to the number of parking spaces, limits on continuous nights of rental or use of parking spaces, and such other conditions as deemed necessary and appropriate to make the accessory travel trailer park compatible with surrounding property and to protect the public health, safety, and welfare.

SECTION 9-12 ADULT ORIENTED BUSINESSES

9-1201. Adult oriented businesses, by their nature, are known to produce deleterious effects on adjacent land uses and secondary negative impacts upon juveniles, especially where such businesses are clustered. For those reasons adult oriented businesses are restricted to industrial zoned Districts and their location subject to the issuance of a license obtained by the City Clerk.

9-1202. Adult oriented businesses are those businesses required to hold a City- issued license pursuant to Article 16 of Chapter 3 of the Abilene City Code, and as defined by Article 16, include the following adult oriented business uses: adult arcades, adult bookstores, adult novelty stores, adult video stores, adult cabarets, adult motels, adult motion picture theaters and adult theaters.

9-1203. Minimum Requirements.

a. No adult entertainment business shall:

1. Operate at any time without holding a valid and current license from the City in accordance with Article 16, Chapter 3 of the Abilene City Code.

2. Be established unless meeting the distance requirements set out in Article 16, Chapter 3 of the City Code.

b. No more than one adult oriented business use, as defined in section 9- 1202, shall be conducted within any structure containing an adult oriented business.