SECTION 120:10-3-24. Neighborhood Commercial District (CN)

(a)   General description. The Neighborhood Commercial District (CN) is intended to provide locations for retail and service uses oriented toward meeting the regular needs of neighborhood residents. Because these shops and stores may be a part of the neighborhood, more restrictive requirements for light, air, open space and off-street parking are made than are provided in other metropolitan commercial district.

(b)   Uses permitted. Property and buildings in a CN, Neighborhood Commercial District shall be used only for the following purposes:

(1)   Any uses permitted in a Low Rise General Residential District (RD-3).

(2)   Retail stores and shops supplying the regular and customary needs of the residents and primarily for their convenience, as follows:

(A)   Alcoholic Beverage Retail Sales.

(B)   Apparel store

(C)   Antique Shop.

(D)   Automobile service station, but not including body shops or junk yards.

(E)   Bakery goods store.

(F)   Bank or credit union.

(G)   Barber shop or beauty salon.

(H)   Book or stationery store.

(I)   Dry cleaner, provided cleaning and pressing is not conducted on the premises.

(J)   Drug store

(K)   Dairy products or Ice Cream store.

(L)   Delicatessen.

(M)   Electronics store.

(N)   Food store.

(O)   Funeral home, parlor or mortuary.

(P)   Gift shop.

(Q)   Jewelry store.

(R)   Key shop.

(S)   Messenger or Telegraph Service.

(T)   Office.

(U)   Off-street parking lot.

(V)   Painting and Decorating shop.

(W)   Pet shop.

(X)   Photographer or Artist studio.

(Y)   Restaurant, but not including drive-in restaurant.

(Z)   Sales or Showroom.

(AA)   Self-service laundry or dry cleaner.

(BB)   Shoe Repair shop.

(CC)   Tailor shop.

(DD)   Theatre.

(3)   Accessory buildings and uses associated with the uses in (1) through (3) of this Section.

(4)   Any building used primarily for any of the enumerated purposes in (1) through (3) of this Section may not have more than 40% of the floor area devoted to purposes incident to such primary use. Stores shops and businesses permitted under this Section shall be conducted within enclosed buildings. No material or goods offered for sale or stored in connection with the uses enumerated in this Section shall be displayed or stored outside of a building.

(c)   Conditional uses permitted on review. The following uses may be permitted upon review in accordance with the provisions of OAC 120:10-13-19:

(1)   Any use permitted on review in a High Rise General Residential District (RD-4).

(2)   Any other retail establishment serving the Zoning District in a manner that, in the opinion of the Commission, is similar in character to the uses permitted in this Section and is not more obnoxious or detrimental to the area in which it is located.

(d)   Height regulations. Except as provided in OAC 120:10-5-3.1, no building shall exceed 2-1/2 stories or 35 feet in height.

(e)   Area regulations. Except as provided in OAC 120:10-5-4.1, the provisions of this subsection shall apply to all property located in the Neighborhood Commercial (CN) zoning district.

(1)   Front yard. All buildings shall be set back from the street right-of-way lines to comply with the following front yard requirements.

(A)   The minimum depth of the front yard shall be 25 feet.

(B)   If 25% or more of the lots on one side of the street between 2 intersecting streets is improved with buildings, all of which have observed an average setback line of greater than 25 feet, and no building varies more than 6 feet from this average setback line, then no building shall be constructed closer to the street line than the minimum setback so established by the existing buildings; but this district shall require a front yard of a depth greater than 75 feet.

(2)   Side yard.

(A)   For dwellings, there shall be a side yard on each side of the building a width of not less than 5 feet. On any corner lot, a building shall be set back from the street line of the intersecting street, a distance of 15 feet if the lot is back to back with another corner lot, and 20 feet in every other case.

(B)   For uses other than dwellings, no side yard shall be required. For uses adjacent to a dwelling district there shall be a side yard of not less than 10 feet, and on all corner lots there shall be a side yard of not less than 20 feet.

(3)   Rear yard. There shall be a rear yard, which shall have a depth of not less than 25 feet or 20% of the average depth of the lot, whichever is smaller. In all other cases, a rear yard shall not be required except where a lot abuts a dwelling district, in which case there shall be a rear yard of not less than 15 feet.

(4)   Intensity of use. The intensity of use for residential purposes shall be the same as the Low Rise General Residential District (RD-3). A lot occupied by a multiple-family dwelling of four (4) units shall not be less than 10,100 square feet in area. For each additional dwelling unit, 1,700 square feet shall be added.

(5)   Coverage. Main and accessory buildings for uses other than residential use shall not cover more than 40% of the lot area on interior lots and 45% of the area on corner lots. In no case shall the gross floor area of main and accessory buildings exceed the total area of the lot.

(f)   Off-Street Parking. All off-street parking facilities shall be designed and constructed in accordance with Subchapter 7 and Subchapter 17 of this Chapter.

[Source: Added at 34 Ok Reg 849, eff 9-11-17]