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Apple Valley City Zoning Code

LIMITED BUSINESS

DISTRICT

§ 155.090 PURPOSE.

   Limited business districts are areas where uses are primarily restricted to office and professional services.
(‘81 Code, § A1-34) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 625, passed 3-27-97)

§ 155.091 PERMITTED USES.

   Within any LB district, no structure or land shall be used, except for one or more of the following uses or uses deemed similar by the City Council:
   (A)   Municipal buildings including police, fire, emergency management, and the like, but not public works;
   (B)   Professional offices, banks and savings and loan;
   (C)   Offices of a general nature where the operations do not include over-the-counter retail sales or warehousing from the site;
   (D)   Clinics for human care;
   (E)   Institutional uses, such as library, swimming pool, church, public schools, religious centers, health centers and community building;
   (F)   On-sale wine and/or 3.2% liquor in conjunction with a restaurant facility; or
   (G)   Coin-operated amusement devices in conjunction with a restaurant facility or private club.
(‘81 Code, § A1-33) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 625, passed 3-27-97)

§ 155.092 CONDITIONAL USES.

   Within any LB district, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by conditional use permit:
   (A)   Nursing homes, rest homes, retirement homes or hospitals for human care, day-care centers and private schools;
   (B)   Funeral homes and mortuaries;
   (C)   Art, interior decorating, photographic or music studio provided no retail sales are made of products not manufactured on the site;
   (D)   Radio and television studios;
   (E)   Private clubs and lodges not operated for a profit;
   (F)   Historical buildings, museums, art institutes, galleries and playhouses;
   (G)   Off-street parking when the principal site of the off-street parking abuts on a lot which is in another zoning district;
   (H)   On-sale liquor in conjunction with a restaurant facility;
   (I)   Nurseries and greenhouses;
   (J)   Restaurants, Class I only; and
   (K)   Buildings constructed with exposed vertical exterior finish materials other than those provided under § 155.346 when:
      (1)   The proposed materials represent the same or similar materials used on at least 66.7% of the existing buildings adjacent to the site;
      (2)   The proposed materials are demonstrated to be of comparable grade and quality as those otherwise required; and
      (3)   Under no circumstance shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood, plain or painted concrete block or similar materials be used. Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block.
   (L)   Open air recreational shelter, gazebo, and pavilion accessory structures, in conjunction with institutional uses and private clubs and lodges not operated for a profit, subject to the following conditions:
      (1)   The design shall adhere to commercial building requirements in accordance with building and site design regulations in this chapter, including the encasement of the support columns in brick, stone or decorative block.
      (2)   The structure shall be constructed over an area surfaced with concrete.
      (3)   The building area of the structure shall not exceed 30% of the primary building or 5,000 square feet, whichever is less.
      (4)   The structure shall meet structure height and setback requirements set forth in this chapter. The City Council may require screening or an increased setback from adjacent residential properties if it determines that the proposed use could have the potential to adversely impact said properties.
      (5)   No signage on a structure shall be allowed.
      (6)   Use of electronic sound system or audio equipment is subject to the regulations of the same elsewhere in the City Code.
      (7)   Lighting for structure shall not project a glare onto adjacent properties or streets.
      (8)   Equipment or materials not directly related to the use of the structure shall not be stored outside or inside the structure and no equipment or material for any use shall at any time be stored outside the structure.
      (9)   Paths and sidewalks, a minimum of five feet in width, shall be provided to assure that users can move safely and conveniently from the primary building and parking areas to the recreational building.
      (10)   Portable trash receptacles shall be weighted or anchored.
      (11)   All landscaping shall be in accordance with the landscaping regulations and requirements set forth in this chapter.
      (12)   All parking requirements and regulations shall be met in accordance with the parking requirements set forth in this chapter.
      (13)   The structure shall be permitted only on the same lot as the primary use.
   (M)   Towers as regulated in § 155.385.
(‘81 Code, § A1-34) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 625, passed 3-27-97; Am. Ord. 749, passed 4-22-04; Am. Ord. 760, passed 10-14-04)

§ 155.093 PERMITTED ACCESSORY USES.

   Within any LB district, the following uses or uses deemed similar by the City Council shall be permitted accessory uses:
   (A)   Off-street parking, refuse storage and loading spaces, as regulated by this chapter;
   (B)   Buildings, trailers, unscreened trash dumpsters, or portable storage units temporarily located on the subject lot only for the purposes of construction on the premises for a period of time not to exceed time necessary for such construction, or for the sale of new homes in a new housing development. Trash dumpsters shall be removed from the subject lot when full.
   (C)   Public telephone booths and other essential public service facilities provided all yard requirements are met.
   (D)   Outdoor dining area, subject to the regulations set forth in this chapter.
(‘81 Code, § A1-34) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 625, passed 3-27-97; Am. Ord. 760, passed 10-14-04; Am. Ord. 794, passed 8-24-06)

§ 155.094 BUSINESS DISTRICTS NEAR RESIDENTIAL NEIGHBORHOODS.

   (A)   Purpose. LB-1 districts are located at the periphery of residential neighborhoods and are intended to provide a limited range of office and professional service uses.
   (B)   Permitted uses. Within any LB-1 district, no structure or land shall be used, except for one or more of the following uses or uses deemed similar by the City Council:
      (1)   Municipal building including police, fire, emergency management, and the like, but not public works;
      (2)   Professional offices not including medical services;
      (3)   Offices of a general nature not including medical services where the operations do not include over-the-counter retail sales or warehousing from the site;
      (4)   Spaces used for medical care, except that the use shall be limited to 3,000 square feet or 35% of the total gross floor area of the building, whichever is more;
      (5)   Institutional uses, such as library, swimming pool, church, public schools, religious centers, and community building; and
      (6)   Financial service uses including banks and savings and loans which do not have drive-up or drive-thru service.
   (C)   Conditional uses. Within any LB-1 district, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by conditional use permit:
      (1)   Nursing homes, rest homes, retirement homes or hospitals for human care, day-care centers and private schools;
      (2)   Funeral homes and mortuaries;
      (3)   Art, interior decorating photographic or music studio provided no retail sales are made of products not manufactured on the site;
      (4)   Radio and television studios;
      (5)   Historical buildings, museums, art institutes, galleries and playhouses;
      (6)   Off-street parking when the principal site of the off-street parking abuts on a lot which is in another zoning district; and
      (7)   Buildings constructed with exposed vertical exterior finish materials other than those provided under § 155.346 when:
         (a)   The proposed materials represent the same or similar materials used on at least 66.7% of the existing buildings adjacent to the site;
         (b)   The proposed materials are demonstrated to be of comparable grade and quality as those otherwise required; and
         (c)   Under no circumstances shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood, plain or painted plain concrete block or similar materials be used. Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block.
   (D)   Accessory uses. Within any LB-1 district, accessory uses permitted in the LB district by the City Council shall be permitted accessory uses.
(‘81 Code, § A1-34.1) (Ord. 385, passed 4-23-87; Am. Ord. 436, passed 2-23-89)