The purpose of the Neighborhood Business (B-1) District is to allow small commercial areas serving residential neighborhoods with low traffic uses. This district may be located adjacent to residential and commercial districts and shall be primarily located on collector roads.

(Code 2004, pt. 3, § 30.01; Ord. No. 87-1016, 4-2-1987; Ord. No. 20-2447, 7-20-2020; Ord. No. 24-2568, § 30.01, 11-18-2024)

The following are permitted uses in the Neighborhood Business (B-1) Zone:

(1)

Grocery, convenience store.

(2)

Beauty shop, barbershop.

(3)

Laundry, dry cleaning.

(4)

Business and professional offices as permitted in section 113-127(1).

(Code 2004, pt. 3, § 30.02; Ord. No. 97-1691, 1-8-1998; Ord. No. 20-2447, 7-20-2020)

The following accessory uses are allowed in the Neighborhood Business (B-1) Zone: none.

(Code 2004, pt. 3, § 30.03; Ord. No. 20-2447, 7-20-2020)

The following are conditional uses in the Neighborhood Business (B-1) Zone:

(1)

Gasoline station without auto repair.

(2)

Specialty shops.

(3)

Commercial day care centers.

(Code 2004, pt. 3, § 30.04; Ord. No. 89-1140, 5-18-1989; Ord. No. 20-2447, 7-20-2020)

The following standards are required in the Neighborhood Business (B-1) Zone:

(1)

Minimum frontage: 150 feet.

(2)

Minimum depth: 150 feet.

(3)

Front yard setback: 40 feet.

(4)

Side yard setback: ten feet; corner lot: 40 feet.

(5)

Rear yard setback: 30 feet.

(6)

Maximum building height shall not exceed two stories or 30 feet, whichever is less.

(7)

Parking and driveways.

a.

Parking and driveways may be constructed to within the following minimum setbacks of property line:

1.

Front yard/corner side yard: 30 feet.

2.

Side yard: ten feet.

3.

Rear yard: ten feet.

b.

When a B-1 zoning district is located adjacent to any residentially zoned property, the side yard and rear yard parking/driveway setback shall be a minimum of 25 feet.

(8)

Off-street loading: Refer to section 129-14.

(Code 2004, pt. 3, § 30.05; Ord. No. 85-898, 8-15-1985; Ord. No. 95-1553, 4-20-1995; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022)

(a)

All open areas of any lot not used for parking, driveways, or storage shall be landscaped with trees, shrubs, berms, and planted ground covers.

(b)

It shall be the owner's responsibility to see that the landscaping is maintained in an attractive and well maintained condition. The owner shall also replace any dead or damaged trees or shrubs with a similar species. Any dead or damaged sod shall also be replaced.

(c)

All vacant lots or portions of lots shall be maintained in an orderly manner, free of litter and junk.

(d)

All lots in this district shall provide a landscaped yard. This yard shall be kept clear of all structures, storage and off-street parking. Except for driveways, the yard shall extend along the entire boundary of the site. This yard shall have a minimum width of not less than ten feet.

(e)

For additional landscaping requirements, refer to section 113-25.

(f)

Underground irrigation shall be required for all yards. Such irrigation shall extend to include public boulevards and into landscaped parking islands, except natural areas to be preserved.

(Code 2004, pt. 3, § 30.06; Ord. No. 89-1177, 1-4-1990; Ord. No. 88-1075, 3-17-1988; Ord. No. 20-2447, 7-20-2020)

On a lot adjacent to a lot in a residential district, there shall be an opaque screen made up of trees or berms and a six-foot-high solid fence constructed of maintenance free materials. All screening within 30 feet of any driveway or street intersection shall not be over 36 inches in height above the curb or centerline of the street.

(Code 2004, pt. 3, § 30.07; Ord. No. 20-2447, 7-20-2020)

(a)

Refuse facilities, except for individual containers for public use, shall be located in the side yards or rear yards when feasible. Refuse facilities may be located in the front yard subject to approval of the zoning administrator. Such facilities shall be constructed of masonry materials such as brick or textured block in colors compatible with the principal structure. Such facilities shall have solid gates.

(b)

No outdoor storage of any materials is permitted except as provided for in section 113-26.

(Code 2004, pt. 3, § 30.08; Ord. No. 02-1948, 6-20-2002; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2494, 1-19-2022)

(a)

Outside display area is limited to a maximum of 30 percent of the width of a building frontage and is not to exceed a total of 150 square feet of area. The term "building frontage" means the dimension or width of a store front occupied by the retailer establishing the outside display. For purposes of this part, a frontage must contain a public or customer entrance or exit and no space is allowed more than two frontages.

(b)

Outside display to be located immediately adjacent to and within the dimensions of the building frontage and shall not extend from the front building edge more than 50 inches.

(c)

Outside display shall not exceed a height of 60 inches.

(d)

Vending machines or cabinets for items such as beverages, ice and propane are exempt from the height and area restrictions provided they are limited to a maximum of three machines or cabinets per frontage.

(e)

Outside display shall not be located so as to block pedestrian walkways, doorways, parking stalls, drive aisles (including access for emergency services). Thirty-six inches is the minimum width required to maintain pedestrian access.

(f)

Outside display to be maintained in an orderly and attractive manner that does not detract from the image of the community or adjacent businesses.

(g)

Outside display should be a representation of the products sold on site, not a storage area for inventory on pallets.

(h)

Products shall be able to be sold from the display.

(Code 2004, pt. 3, § 30.09; Ord. No. 02-1948, 6-20-2002; Ord. No. 20-2447, 7-20-2020)

(a)

At least 50 percent of all exterior wall finishes on any building shall be comprised of a combination of at least three of the following materials with all materials present on each elevation:

(1)

Brick.

(2)

Natural or cultured stone.

(3)

Glass.

(4)

Stucco or exterior insulation and finish systems (EIFS).

(5)

Fiber cement or composite siding.

(6)

Architectural metal.

(7)

Integrally colored, rock-faced block.

(b)

The remaining portion of all exterior wall finishes shall be comprised of any combination of decorative, rock-faced concrete block and textured concrete panels or other comparable or superior materials as approved by the zoning administrator. All materials subject to zoning administrator approval.

(c)

Buildings may be constructed of primarily one of the materials listed in subsection (a) of this section if the design meets or exceeds the intent of this subpart.

(d)

All buildings to incorporate four-sided design.

(e)

Gasoline canopies support columns shall be constructed of masonry materials consistent with the principal building to a minimum height of five feet.

(Code 2004, pt. 3, § 30.091; Ord. No. 20-2447, 7-20-2020)

The purpose of the Community Commercial (B-2) District is to allow commercial uses serving surrounding neighborhoods with low to moderate traffic uses. This district may be located adjacent to residential, commercial, and industrial districts and shall be primarily located on collector or arterial roads.

(Code 2004, pt. 3, § 30.11; Ord. No. 20-2447, 7-20-2020; Ord. No. 24-2568, § 30.11, 11-18-2024)

The following are permitted uses in the Community Commercial (B-2) Zone:

(1)

General retail, except when specifically listed elsewhere in this chapter.

(2)

Banks.

(3)

Restaurants.

(4)

Brew pubs.

(5)

Personal services, including massage, hair salons, and similar businesses.

(6)

Dry cleaning and laundry.

(7)

Repair services, excluding repair of vehicles and small engines.

(8)

Business and professional offices, including medical offices.

(9)

Personalized instructional services and fitness centers, total floor area limited to 4,000 square feet without a conditional use permit.

(10)

Portrait or art studio.

(11)

Cannabis retail and/or medical cannabis businesses licensed for cannabis retail (subject to the standards listed in Chapter 23 of the Blaine Code of Ordinances).

(12)

Taproom.

(Code 2004, pt. 3, § 30.12; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022; Ord. No. 25-2572, § 30.12, 1-22-2025)

The following accessory uses are allowed in the Community Commercial (B-2) Zone: none.

(Code 2004, pt. 3, § 30.13; Ord. No. 20-2447, 7-20-2020)

The following are conditional uses in the Community Commercial (B-2) Zone:

(1)

Animal hospitals.

(2)

Amusement and recreation.

(3)

Fitness center not meeting the requirements of section 113-61(9).

(4)

Gasoline station.

(5)

Minor auto repair for passenger vehicles.

(6)

Car wash.

(7)

Construction and contractor's offices.

(8)

Commercial day care centers.

(9)

Educational uses not meeting the requirements of section 113-61(9).

(10)

Small equipment rental; moving van rental and minor repair. Moving vans are limited to single rear axle vans and trucks up to 33 feet in total overall length. Repair activities are limited to moving vans owned or leased by the equipment rental facility.

(11)

Meeting/assembly halls.

(12)

Motels/hotels.

(13)

Open sales lot.

(14)

Private clubs.

(15)

Outdoor dining accessory to a restaurant.

(16)

Theaters.

(17)

Vocation, technical, and trade schools.

(18)

Zero lot line splits with shared parking or access.

(19)

Off-sale liquor stores.

(20)

Two or more buildings on same lot.

(21)

Places of worship.

(22)

Principal adult uses, as defined and licensed under chapter 22, article II.

(23)

Domestic animal indoor kennels and training facilities.

(24)

Major automobile repair for passenger vehicles.

(25)

Funeral homes.

(26)

Vehicle rental agency with up to 15 vehicles on site.

(27)

Pawn shop.

(28)

Indoor vehicle sales associated with and on the same property as major automobile repair.

(29)

Live entertainment accessory to a restaurant.

(Code 2004, pt. 3, § 30.14; Ord. No. 86-928, 2-20-1986; Ord. No. 88-1087, 6-16-1988; Ord. No. 89-1140, 5-18-1989; Ord. No. 93-1320, 1-7-1993; Ord. No. 93-1479, 11-18-1993; Ord. No. 94-1534, 9-1-1994; Ord. No. 95-1575, 9-21-1995; Ord. No. 03-1983, 6-26-2003; Ord. No. 03-1990, 8-21-2003; Ord. No. 05-2063, 10-20-2005; Ord. No. 09-2179, 2-19-2009; Ord. No. 14-2295, 10-16-2014; Ord. No. 18-2407, 6-21-2018; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022; Ord. No. 23-2535, § 30.14, 12-18-2023)

The following standards are required in the Community Commercial (B-2) Zone:

(1)

Front yard setback: 50 feet.

(2)

Side yard setback.

a.

When adjacent to commercial or industrial districts: 20 feet; corner lot 50 feet;

b.

When adjacent to residential districts: 100 feet;

c.

A reduction in the required setback buffer may be requested by following the requirements of section 129-18.

(3)

Rear yard setback.

a.

When adjacent to commercial or industrial districts: 20 feet;

b.

When adjacent to residential districts: 100 feet;

c.

A reduction in the required setback buffer may be requested by following the requirements of section 129-18.

(4)

In the event where front, side or rear setback requirements from a differing adjacent district fall within a public street or highway right-of-way, the minimum setback shall be 20 feet from the property line but not less than the required setback from the adjacent differing district boundary.

(5)

Maximum building height shall not exceed three stories, or 50 feet in height, whichever is less.

(6)

Parking and driveways.

a.

Parking and driveways may be constructed to within the following minimum setbacks of property line:

1.

Front yard/corner side yard: 30 feet.

2.

Side yard: ten feet.

3.

Rear yard: ten feet.

b.

When a B-2 zoning district is located adjacent to any residentially zoned property, the side yard and rear yard parking/driveway setback shall be a minimum of 25 feet.

(7)

Off-street loading. Refer to section 129-14.

(8)

Major automobile repair standards.

a.

No outside storage of vehicles that have exterior damage or are dismantled.

b.

No air quality or noise impact to adjacent properties shall be permitted.

c.

Additional screening as determined by the zoning administrator.

d.

A 75-foot landscaped buffer between a major automobile repair facility and all residential zoning districts.

(9)

Car wash standards.

a.

Stand-alone car washes and car washes accessory to a gasoline station shall meet a 300-foot setback to any property zoned or guided in the comprehensive plan as residential and intended for residential buildings. The setback shall be measured from the car wash structure to the property line of the residential property.

b.

All exterior lighting shall comply with section 129-2.

c.

Through the conditional use permit process, the city may require additional necessary conditions to limit the impact of drive-thru lanes on surrounding property, including, but not limited to, limiting hours of operation, restricting drive-thru lane orientation, and/or requiring additional landscaping, berming or other means of screening.

d.

The site and building shall be designed to limit the effects of the washing operation and vacuums on adjacent properties and public rights-of-way. Garage doors shall be positioned to limit exposure to residential districts.

(Code 2004, pt. 3, § 30.15; Ord. No. 85-898, 8-15-1985; Ord. No. 86-937, 4-3-1986; Ord. No. 93-1491, 12-16-1993; Ord. No. 94-1534, 9-1-1994; Ord. No. 94-1539, 11-17-1994; Ord. No. 95-1553, 4-20-1995; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022; Ord. No. 24-2553, § 30.15, 6-17-2024)

(a)

All open areas of any lot not used for parking, driveways, or storage, shall be landscaped with trees, shrubs, berms, and planted ground covers.

(b)

It shall be the owner's responsibility to see that the landscaping is maintained in an attractive and well maintained condition. The owner shall also replace any dead or damaged trees or shrubs with a similar species. Any dead or damaged sod shall also be replaced.

(c)

All vacant lots or portions of lots shall be maintained in an orderly manner, free of litter and junk.

(d)

All lots in this district shall provide a landscaped yard. This yard shall be kept clear of all structures, storage and off-street parking. Except for driveways, the yard shall extend along the entire boundaries of the site. This yard shall have a minimum width of not less than ten feet.

(e)

For additional landscaping requirements, refer to section 129-7.

(f)

Underground irrigation shall be required for all yards. Such irrigation shall extend to include public boulevards and into landscaped parking islands, except natural areas to be preserved.

(Code 2004, pt. 3, § 30.16; Ord. No. 88-1075, 3-17-1988; Ord. No. 89-1177, 1-4-1990; Ord. No. 20-2447, 7-20-2020)

On a lot adjacent to a lot in a residential district, there shall be an opaque screen made up of trees or berms and a six-foot-high solid fence made of maintenance free materials.

(Code 2004, pt. 3, § 30.17; Ord. No. 20-2447, 7-20-2020)

(a)

Refuse facilities, except for individual containers for public use, shall be located only in the side yards or rear yards when feasible. Refuse facilities may be located in the front yard subject to approval of the zoning administrator. Such facilities shall be constructed of masonry materials such as brick or textured block in colors compatible with the principal structure. Such facilities shall have solid gates.

(b)

No outdoor storage of any materials is permitted except as provided for in section 113-68.

(c)

Employee service vehicles with a maximum of 10,000 GVW, associated with a commercial retail business that is specifically mentioned in this zoning district, may be parked outside under conditions as approved by the zoning administrator. Vehicles associated with a commercial retail business specifically mentioned in this zoning district greater than 10,000 GVW may be parked in a loading area with at least one overhead door approved by the zoning administrator and meeting the requirements of section 129-14.

(Code 2004, pt. 3, § 30.18; Ord. No. 91-1267, 10-3-1991; Ord. No. 02-1948, 6-20-2002; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2494, 1-19-2022)

Outside display in B-2 retail sites is allowed provided the following standards are met:

(1)

Outside display area is limited to a maximum of 30 percent of the width of a building frontage and is not to exceed a total of 150 square feet of area for buildings under 40,000 square feet and not to exceed 400 square feet for buildings larger than 40,000 square feet. The term "building frontage" means the dimension or width of a store front occupied by the retailer establishing the outside display. For purposes of this part a frontage must contain a public or customer entrance or exit and no space is allowed more than two frontages.

(2)

Outside display to be located immediately adjacent to and within the dimensions of the building frontage and shall not extend from the front building edge more than 50 inches.

(3)

Outside display shall not exceed a height of 60 inches.

(4)

Vending machines or cabinets for items such as beverages, ice and propane are exempt from the height and area restrictions provided they are limited to a maximum of three machines or cabinets per frontage.

(5)

Outside display shall not be located so as to block pedestrian walkways, doorways, parking stalls, drive aisles (including access for emergency services). Thirty-six inches is the minimum width required to maintain pedestrian access.

(6)

Outside display to be maintained in an orderly and attractive manner that does not detract from the image of the community or adjacent businesses.

(7)

Outside display should be a representation of the products sold on site, not a storage area for inventory on pallets.

(8)

Products shall be able to be sold from the display.

(Code 2004, pt. 3, § 30.19; Ord. No. 02-1948, 6-20-2002; Ord. No. 20-2447, 7-20-2020)

(a)

At least 50 percent of all exterior wall finishes on any building shall be comprised of a combination of at least three of the following materials with all materials present on each elevation:

(1)

Brick.

(2)

Natural or cultured stone.

(3)

Glass.

(4)

Stucco or exterior insulation and finish systems (EIFS).

(5)

Fiber cement or composite siding.

(6)

Architectural metal.

(7)

Integrally colored, rock-faced block.

(b)

The remaining portion of all exterior wall finishes shall be comprised of any combination of decorative, rock-faced concrete block and textured concrete panels or other comparable or superior materials as approved by the zoning administrator. All materials subject to zoning administrator approval.

(c)

Buildings may be constructed of primarily one of the materials listed in subsection (a) of this section if the design meets or exceeds the intent of this subpart.

(d)

All buildings to incorporate four sided design.

(e)

Gasoline canopies support columns shall be constructed of masonry materials consistent with the principal building to a minimum height of five feet.

(Code 2004, pt. 3, § 30.191; Ord. No. 20-2447, 7-20-2020)

The purpose of the Regional Commercial (B-3) District is to allow commercial uses serving regional trade areas with moderate to high traffic uses. This district may be located adjacent to residential, commercial, and industrial districts and shall be primarily located on arterial roads.

(Code 2004, pt. 3, § 30.21; Ord. No. 93-1491, 12-16-1993; Ord. No. 20-2447, 7-20-2020; Ord. No. 24-2568, § 30.21, 11-18-2024)

The following are permitted uses in the Regional Commercial (B-3) Zone:

(1)

General retail, except when specifically listed elsewhere in this subpart.

(2)

Banks.

(3)

Restaurants.

(4)

Brew pubs.

(5)

Personal services, including massage, hair salons, and similar businesses.

(6)

Dry cleaning and laundry.

(7)

Repair services, excluding repair of vehicles and small engines.

(8)

Business and professional offices, including medical offices.

(9)

Personalized instructional services and fitness centers, total floor area limited to 4,000 square feet without a conditional use permit.

(10)

Portrait or art studio.

(11)

Cannabis retail and/or medical cannabis businesses licensed for cannabis retail (subject to the standards listed in Chapter 23 of the Blaine Code of Ordinances).

(12)

Taproom.

(Code 2004, pt. 3, § 30.22; Ord. No. 84-850, 11-15-1984; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022; Ord. No. 25-2572, § 30.22, 1-22-2025)

The following accessory uses are allowed in the Regional Commercial (B-3) Zone:

(1)

Parking structures as regulated in section 129-13(10).

(Code 2004, pt. 3, § 30.23; Ord. No. 93-1491, 12-16-1993; Ord. No. 20-2447, 7-20-2020; Ord. No. 24-2568, § 30.23, 11-18-2024)

The following are conditional uses in the Regional Commercial (B-3) Zone:

(1)

Animal hospitals.

(2)

Amusement and recreation.

(3)

Fitness center not meeting the requirements of section 113-61(9).

(4)

Vehicle sales lot, for passenger vehicles only subject to the following standards:

a.

Minimum lots size shall be four acres.

b.

Minimum building size shall be 25,000 square feet.

c.

Site shall incorporate extensive berming along street frontages.

d.

Vehicle storage and display areas to have minimum 25-foot setback from all interior property lines and 40-foot setback from any public right-of-way.

(5)

Gasoline station.

(6)

Minor auto repair for passenger vehicles.

(7)

Indoor vehicle sales.

(8)

Boat sales and display areas.

(9)

Bowling alleys.

(10)

Car wash.

(11)

Construction and contractor's offices.

(12)

Dance hall.

(13)

Commercial day care centers.

(14)

Educational uses.

(15)

Meeting/assembly halls.

(16)

Manufactured home sales lots.

(17)

Hotels.

(18)

Private clubs.

(19)

Recreational vehicle sales lots and showrooms.

(20)

Outdoor dining accessory to a restaurant.

(21)

Skating rinks.

(22)

Small equipment rental; moving van rental and minor repair. Moving vans are limited to single rear axle vans and trucks up to 33 feet in total overall length. Repair activities are limited to moving vans owned or leased by the equipment rental facility.

(23)

Theaters.

(24)

Vocational, technical, and trade schools.

(25)

Zero lot line split with shared access or parking.

(26)

Off-sale liquor stores.

(27)

Two or more buildings on same lot.

(28)

Places of worship.

(29)

Principal adult uses, as defined and licensed under chapter 22, article II.

(30)

Domestic animal indoor kennels and training facilities.

(31)

Major automobile repair for passenger vehicles.

(32)

Funeral homes.

(33)

Vehicle rental agency with up to 15 vehicles on site.

(34)

Pawn shop.

(35)

Live entertainment accessory to a restaurant.

(Code 2004, pt. 3, § 30.24; Ord No. 86-928, 2-20-1986; Ord. No. 88-1087, 6-16-1988; Ord. No. 89-1140, 5-18-1989; Ord. No. 93-1320, 1-7-1993; Ord. No. 93-1479, 11-18-1993; Ord. No. 94-1534, 9-1-1994; Ord. No. 95-1575, 9-21-1995; Ord. No. 03-1983, 6-26-2003; Ord. No. 03-1990, 8-21-2003; Ord. No. 05-2063, 10-20-2005; Ord. No. 09-2179, 2-19-2009; Ord. No. 18-2407, 6-21-2018; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022; Ord. No. 23-2535, § 30.24, 12-18-2023)

The following standards are required in the Regional Commercial (B-3) Zone:

(1)

Front yard setback: 50 feet.

(2)

Side yard setback.

a.

When adjacent to commercial or industrial districts: 20 feet;

b.

When adjacent to residential districts: 100 feet;

c.

A reduction in the required setback buffer may be requested by following the requirements of section 129-18.

(3)

Rear yard setback.

a.

When adjacent to commercial or industrial districts: 20 feet;

b.

When adjacent to residential districts: 100 feet;

c.

A reduction in the required setback buffer may be requested by following the requirements of section 129-18.

(4)

In the event where front, side or rear setback requirements from a differing adjacent district fall within a public street or highway right-of-way, the minimum setback shall be 20 feet from the property line but not less than the required setback from the adjacent differing district boundary.

(5)

Buildings exceeding three stories or 50 feet in height, whichever is less, must obtain a conditional use permit.

(6)

Parking and driveways.

a.

Parking and driveways may be constructed to within the following minimum setbacks of property line:

1.

Front yard/corner side yard: 30 feet.

2.

Side yard: ten feet.

3.

Rear yard: ten feet.

b.

When a B-3 zoning district is located adjacent to any residentially zoned property, the side yard and rear yard parking/driveway setback shall be a minimum of 25 feet.

(7)

Off-street loading. Refer to section 129-14.

(8)

Major automobile repair standards.

a.

No outside storage of vehicles that have exterior damage or are dismantled.

b.

No air quality or noise impact to adjacent properties shall be permitted.

c.

Additional screening as determined by the zoning administrator.

d.

A 75-foot landscaped buffer between a major automobile repair facility and all residential zoning districts.

(9)

Car wash standards.

a.

Stand-alone car washes and car washes accessory to a gasoline station shall meet a 300-foot setback to any property zoned or guided in the comprehensive plan as residential and intended for residential buildings. The setback shall be measured from the car wash structure to the property line of the residential property.

b.

All exterior lighting shall comply with section 129-2.

c.

Through the conditional use permit process, the city may require additional necessary conditions to limit the impact of drive-thru lanes on surrounding property, including, but not limited to, limiting hours of operation, restricting drive-thru lane orientation, and/or requiring additional landscaping, berming or other means of screening.

d.

The site and building shall be designed to limit the effects of the washing operation and vacuums on adjacent properties and public rights-of-way. Garage doors shall be positioned to limit exposure to residential districts.

(Code 2004, pt. 3, § 30.25; Ord. No. 85-898, 8-15-1985; Ord. No. 86-937, 4-3-1986; Ord. No. 90-1235, 10-18-1990; Ord. No. 94-1534, 9-1-1994; Ord. No. 94-1539, 11-17-1994; Ord. No. 95-1553, 4-20-1995; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022; Ord. No. 24-2553, § 30.25, 6-17-2024)

(a)

All open areas of any lot not used for parking, driveways, or storage, shall be landscaped with trees, shrubs, berms, and planted ground covers.

(b)

It shall be the owner's responsibility to see that the landscaping is maintained in an attractive and well maintained condition. The owner shall also replace any dead or damaged trees or shrubs with a similar species. Any dead or damaged sod shall also be replaced.

(c)

All vacant lots or portions of lots shall be maintained in an orderly manner, free of litter and junk.

(d)

For additional landscaping requirements, refer to section 129-7.

(e)

Underground irrigation shall be required for all yards. Such irrigation shall extend to include public boulevards and into landscaped parking islands, except natural areas to be preserved.

(Code 2004, pt. 3, § 30.26; Ord. No. 89-1177, 1-4-1990; Ord. No. 88-1075, 3-17-1988; Ord. No. 20-2447, 7-20-2020)

On a lot adjacent to a lot in a residential district, there shall be an opaque screen made up of trees or berms and a six-foot-high solid fence constructed of maintenance free materials.

(Code 2004, pt. 3, § 30.27; Ord. No. 20-2447, 7-20-2020)

(a)

Refuse facilities, except for individual containers for public use, shall be located only in the side yards or rear yards when feasible. Refuse facilities may be located in the front yard subject to approval of the zoning administrator. Such facilities shall be constructed of masonry materials such as brick or textured block in colors compatible with the principal structure. Such facilities shall have solid gates.

(b)

No outdoor storage of any materials is permitted except as provided for in section 113-105.

(c)

Employee service vehicles with a maximum of 10,000 GVW, associated with a commercial retail business that is specifically mentioned in this zoning district, may be parked outside under conditions as approved by the zoning administrator. Vehicles associated with a commercial retail business specifically mentioned in this zoning district greater than 10,000 GVW may be parked in a loading area with an overhead door approved by the zoning administrator and meeting the requirements of section 129-14.

(Code 2004, pt. 3, § 30.28; Ord. No. 91-1267, 10-3-1991; Ord. No. 02-1948, 6-20-2002; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2494, 1-19-2022)

Outside display in B-3 retail sites is allowed provided the following standards are met:

(1)

Outside display area is limited to a maximum of 30 percent of the width of a building frontage and is not to exceed a total of 150 square feet of area for buildings under 40,000 square feet and not to exceed 400 square feet for buildings over 40,000 square feet. The term "building frontage" is defined as the dimension or width of a store front occupied by the retailer establishing the outside display. For purposes of this article, a frontage must contain a public or customer entrance or exit and no space is allowed more than two frontages.

(2)

Outside display to be located immediately adjacent to and within the dimensions of the building frontage and shall not extend from the front building edge more than 50 inches.

(3)

Outside display shall not exceed a height of 60 inches.

(4)

Vending machines or cabinets for items such as beverages, ice and propane are exempt from the height and area restrictions provided they are limited to a maximum of three machines or cabinets per frontage.

(5)

Outside display shall not be located so as to block pedestrian walkways, doorways, parking stalls, drive aisles (including access for emergency services). Thirty-six inches is the minimum width required to maintain pedestrian access.

(6)

Outside display to be maintained in an orderly and attractive manner that does not detract from the image of the community or adjacent businesses.

(7)

Outside display should be a representation of the products sold on site, not a storage area for inventory on pallets.

(8)

Products shall be able to be sold from the display.

(Code 2004, pt. 3, § 30.29; Ord. No. 02-1948, 6-20-2002; Ord. No. 20-2447, 7-20-2020)

(a)

At least 50 percent of all exterior wall finishes on any building shall be comprised of a combination of at least three of the following materials with all materials present on each elevation:

(1)

Brick.

(2)

Natural or cultured stone.

(3)

Glass.

(4)

Stucco or exterior insulation and finish systems (EIFS).

(5)

Fiber cement or composite siding.

(6)

Architectural metal.

(7)

Integrally colored rock-faced block.

(b)

The remaining portion of all exterior wall finishes shall be comprised of any combination of decorative, rock-faced concrete block and textured concrete panels or other comparable or superior materials as approved by the zoning administrator. All materials subject to zoning administrator approval.

(c)

Buildings may be constructed of primarily one of the materials listed in subsection (a) of this section if the design meets or exceeds the intent of this subpart.

(d)

All buildings are to incorporate four-sided design.

(e)

Gasoline canopies support columns shall be constructed of masonry materials consistent with the principal building to a minimum height of five feet.

(Code 2004, pt. 3, § 30.291; Ord. No. 20-2447, 7-20-2020)

The purpose of the Office Research Park (B-4) District is to allow office uses and supporting commercial uses serving a local or regional trade area. This district may be located adjacent to residential, commercial, and industrial districts and shall be primarily located on collector or arterial roads.

(Code 2004, pt. 3, § 30.31; Ord. No. 97-1680, 10-16-1997; Ord. No. 20-2447, 7-20-2020; Ord. No. 24-2568, § 30.31, 11-18-2024)

The following are permitted uses in the Office Research Park (B-4) Zone:

(1)

Business and professional offices, including medical offices.

(2)

Uses not explicitly enumerated in this section as permitted uses, but closely similar thereto, provided that these uses are not explicitly mentioned as permitted or conditional uses elsewhere in this part.

(Code 2004, pt. 3, § 30.32; Ord. No. 97-1680, 10-16-1997; Ord. No. 20-2447, 7-20-2020)

The following are permitted uses in the Office Research Park (B-4) Zone: none.

(Code 2004, pt. 3, § 30.33; Ord. No. 97-1680, 10-16-1997; Ord. No. 20-2447, 7-20-2020)

The following are permitted uses in the Office Research Park (B-4) Zone:

(1)

Restaurants meeting standards of section 113-131.

(2)

Zero lot line split, with shared access or shared parking.

(3)

Commercial daycare.

(4)

Banks and financial institutions.

(5)

Places of worship.

(6)

General retail and service uses.

(7)

Funeral homes.

(8)

Animal clinics.

(Code 2004, pt. 3, § 30.34; Ord. No. 91-1252, 6-20-1991; Ord. No. 97-1680, 10-16-1997; Ord. No. 98-1729, 6-25-1998; Ord. No. 20-2447, 7-20-2020; Ord. No. 23-2535, § 30.34, 12-18-2023)

The following are permitted uses in the Office Research Park (B-4) Zone:

(1)

Front yard setback: 50 feet.

(2)

Side yard setback.

a.

When adjacent to commercial or industrial districts: 20 feet;

b.

Corner lot: 100 feet.

(3)

Rear yard setback: 20 feet when adjacent to commercial or industrial districts.

(4)

In the event where front, side or rear setback requirements from a differing adjacent district fall within a public street or highway right-of-way, the minimum setback shall be 20 feet from the property line but not less than the required setback from the adjacent differing district boundary.

(5)

Maximum building height shall not exceed 2½ stories, or 36 feet in height, whichever is less. Buildings exceeding three stories or 50 feet in height, whichever is less, must obtain a conditional use permit.

(6)

Parking and driveways.

a.

Parking and driveways may be constructed to within the following minimum setbacks of property line:

1.

Front yard/corner side yard: 30 feet.

2.

Side yard: ten feet.

3.

Rear yard: 20 feet.

b.

For additional parking requirements: Refer to section 129-13.

c.

When a B-4 zoning district is located adjacent to any residentially zoned property, the side yard and rear yard parking/driveway setback shall be a minimum of 25 feet.

(7)

When an office park district is adjacent to any residential district, all building setbacks shall be 100 feet along any side adjacent to a residential district. A reduction in the required setback buffer may be requested by following the requirements of section 129-18.

(8)

Off-street loading. Refer to section 129-14.

(Code 2004, pt. 3, § 30.35; Ord. No. 85-898, 8-15-1985; Ord. No. 86-937, 4-3-1986; Ord. No. 90-1235, 11-1-1990; Ord. No. 97-1680, 10-16-1997; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022)

(a)

Freestanding restaurants shall have a minimum first floor building area of 6,000 square feet.

(b)

Drive-up window or separate take-out facilities are not permitted.

(c)

No live entertainment is permitted.

(d)

Outdoor dining is permitted as part of a conditional use permit.

(e)

Restaurants are permitted in a multi-tenant building if the multi-tenant building contains a minimum first floor area of not less than 6,000 square feet.

(Code 2004, pt. 3, § 30.355; Ord. No. 98-1729, 6-25-1998; Ord. No. 20-2447, 7-20-2020)

(a)

All open areas of any lot not used for parking, driveways, or storage shall be landscaped with trees, shrubs, berms, and planted ground covers.

(b)

It shall be the owner's responsibility to see that the landscaping is maintained in an attractive and well maintained condition. The owner shall also replace any dead or damaged trees or shrubs with a similar species. Any dead or damaged sod shall also be replaced.

(c)

All vacant lots or portions of lots shall be maintained in an orderly manner, free of litter and junk.

(d)

For additional landscaping requirements, refer to section 129-7.

(e)

Underground irrigation shall be required for all yards. Such irrigation shall extend to include public boulevards and into landscaped parking islands, except natural areas to be preserved.

(Code 2004, pt. 3, § 30.36; Ord. No. 88-1075, 3-17-1988; Ord. No. 89-1177, 1-4-1990; Ord. No. 20-2447, 7-20-2020)

On a lot adjacent to a lot in a residential district, there shall be an opaque screen made up of trees or berms and a six-foot-high solid fence constructed of maintenance free materials.

(Code 2004, pt. 3, § 30.37; Ord. No. 20-2447, 7-20-2020)

(a)

Refuse facilities, except for individual containers for public use, shall be located only in the side yards or rear yards when feasible. Refuse facilities may be located in the front yard subject to approval of the zoning administrator. Such facilities shall be constructed of masonry materials such as brick or textured block in colors compatible with the principal structure. Such facilities shall have solid gates.

(b)

No outdoor storage of any materials is permitted.

(Code 2004, pt. 3, § 30.38; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2494, 1-19-2022)

(a)

At least 50 percent of all exterior wall finishes on any building shall be comprised of a combination of at least three of the following materials with all materials present on each elevation:

(1)

Brick.

(2)

Natural or cultured stone.

(3)

Glass.

(4)

Stucco or exterior insulation and finish systems (EIFS).

(5)

Fiber cement or composite siding.

(6)

Architectural metal.

(7)

Integrally colored, rock-faced block.

(b)

The remaining portion of all exterior wall finishes shall be comprised of any combination of decorative, rock-faced concrete block and textured concrete panels or other comparable or superior materials as approved by the zoning administrator. All materials subject to zoning administrator approval.

(c)

Buildings may be constructed of primarily one of the materials listed in subsection (a) of this section if the design meets or exceeds the intent of this subpart.

(d)

All buildings to incorporate four-sided design.

(e)

Gasoline canopies support columns shall be constructed of masonry materials consistent with the principal building to a minimum height of five feet.

(Code 2004, pt. 3, § 30.39; Ord. No. 20-2447, 7-20-2020)

The Regional Recreation (RR) District is intended for a public recreation facility that provides facilities for a regional clientele.

(Code 2004, pt. 3, § 30.41; Ord. No. 20-2447, 7-20-2020)

The following are conditional uses in the Regional Recreation (RR) Zone:

(1)

Indoor/outdoor public recreation of regional clientele, and maintenance facilities necessary for the operation thereof.

(2)

Fitness center.

(3)

Public assembly, exhibition and conference center.

(4)

Sports medicine clinic.

(5)

Educational uses.

(6)

Building taller than 50 feet in total height.

(7)

Sports domes with a membrane-supported roof not meeting architectural standards of section 113-159.

(8)

Restaurant.

(9)

Dormitory.

(10)

Outdoor storage accessory to operation of a maintenance facility for a public recreation facility and located in rear yards.

(11)

Parking structures as an accessory use, as regulated in section 129-13(10).

(Code 2004, pt. 3, § 30.42; Ord. No. 17-2376, 4-6-2017; Ord. No. 18-2414, 10-18-2018; Ord. No. 20-2447, 7-20-2020; Ord. No. 21-2476, 8-2-2021; Ord. No. 24-2568, § 30.42, 11-18-2024)

The following standards are required in the Regional Recreation (RR) Zone:

(1)

Minimum area to be zoned RR: 80 acres.

(2)

Minimum lot size: five acres with city water and sewer services.

(3)

Minimum lot width: 200 feet.

(4)

Minimum building size: 5,000 square feet.

(5)

Front yard building setback: 40 feet.

(6)

Corner side yard building setback: 40 feet.

(7)

Side yard building setback: 15 feet.

(8)

Rear yard building setback: 20 feet.

(9)

All buildings shall be sprinkled and contain other fire and life safety standards denoted in N.F.P.A. 101 and subject to metropolitan airport commission regulations.

(10)

Parking and driveways.

a.

Parking and driveways may be constructed to within the following minimum setbacks of property line:

1.

Front yard/corner side yard: 25 feet.

2.

Side yard: ten feet.

3.

Rear yard: ten feet.

b.

If rear yard or side yard parking setback is adjacent to a collector/arterial street as designated in the city's transportation plan, the parking setback shall be 25 feet. Such setback shall be 50 percent opaquely screened with berms, shrubs, trees, fence, or a combination thereof.

(Code 2004, pt. 3, § 30.43; Ord. No. 18-2414, 10-18-2018; Ord. No. 20-2447, 7-20-2020)

All landscaping requirements shall meet the provisions of section 129-7, including the following:

(1)

Underground irrigation shall be required for all front yards and corner side yards. Such irrigation shall extend to include public boulevard and into general parking islands, except natural areas to be preserved.

(2)

Traffic safety islands or general parking islands where deemed appropriate shall be landscaped.

(3)

Ground covers used in lieu of grass shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within 12 months after planting.

(Code 2004, pt. 3, § 30.44; Ord. No. 20-2447, 7-20-2020)

(a)

Refuse facilities, except for individual containers for public use, shall be located only in the side yards or rear yards when feasible. Refuse facilities may be located in the front yard subject to approval of the zoning administrator. Such facilities shall be constructed of masonry materials such as brick or textured block in colors compatible with the principal structure. Such facilities shall have solid gates.

(b)

No outdoor storage of any materials is permitted, except for outdoor storage approved by a conditional use permit in section 113-155(10).

(Code 2004, pt. 3, § 30.45; Ord. No. 20-2447, 7-20-2020; Ord. No. 21-2476, 8-2-2021; Ord. No. 22-2494, 1-19-2022)

(a)

All buildings erected shall be a type of construction, as defined in the state building code, except Type V.

(b)

Any building shall be constructed so that all exterior sides shall be surfaced equivalent to the front building elevation as determined by the zoning administrator.

(c)

Exterior surfaces.

(1)

Exterior wall surfaces of all buildings shall be primarily faced with brick, stone, precast panel, cast-in-place panel, architectural concrete in combination with glass or other permitted materials.

(2)

Based on building size, height, location or special use, the zoning administrator may approve the use of modern metal paneling materials or its equivalent for exterior wall surfaces provided such materials are used in conjunction with other materials listed above. Use of modern metal paneling materials or its equivalent shall not exceed 70 percent of the cumulative area of all building walls. Modern metal paneling shall be used primarily on the rear wall and secondarily on the side or front wall.

(d)

The building design should exhibit architectural control which seeks to be creative and maximize building lines, shades, and angles to maximize architectural uniqueness. In addition, the city is desirous of such building design which will enhance energy conservation and attempt to use active or passive solar design.

(e)

All building design and exterior wall surface materials shall be reviewed and approved by the zoning administrator.

(Code 2004, pt. 3, § 30.46; Ord. No. 20-2447, 7-20-2020)

The purpose of the Planned Office District (POD) is to allow office, manufacturing uses and supporting commercial uses in a corporate campus environment. This district may be located adjacent to residential, commercial, and industrial districts and shall be primarily located on collector or arterial roads.

(Code 2004, pt. 3, § 30.71(1); Ord. No. 07-2133, 6-21-2007; Ord. No. 20-2447, 7-20-2020; Ord. No. 24-2568, § 30.71, 11-18-2024)

(a)

Uses allowed by conditional use permit (CUP). Land uses may include office, manufacturing and specific service use developments as specifically indicated below. All land uses not specified in subsection (b) of this section are prohibited. All land uses shall be reviewed and approved pursuant to the conditional use permit procedures in section 101-4. The POD zoning classification is intended to be a companion to the PI Planned Industrial land use designation.

(b)

Requirements. The proposed land uses, their mix, lot sizes, and location must be compatible and complementary both internally and with adjacent land uses. The proposed land uses must not create any internal or external traffic congestion or traffic flow problems. Existing business of industrial uses that were legal conforming uses as of the day of the adoption of the ordinance from which this subpart is derived shall continue to be considered legal conforming uses under the provisions of this part.

(1)

Business and professional offices.

(2)

Research and development laboratories.

(3)

Financial institutions.

(4)

Medical office/clinic.

(5)

Trade and convention centers.

(6)

Zero lot line and multi-building developments.

(7)

Manufacturing.

(8)

Distribution and warehousing of products limited to not more than 33 percent of total floor area.

(9)

Coffee shops, restaurants, day cares, and other service/retail uses accessory to a principal use and located within an office building.

(10)

Athletic clubs.

(11)

Full service or business class hotel consisting of a minimum of four floors, multiple meeting rooms, business data center, in-room desks, indoor pool and fitness area.

(12)

Ground-mounted solar as an accessory use.

(13)

Parking structures as an accessory use, as regulated in section 129-13(10).

(Code 2004, pt. 3, § 30.72; Ord. No. 07-2133, 6-21-2007; Ord. No. 20-2447, 7-20-2020; Ord. No. 24-2568, § 30.72, 11-18-2024)

(a)

Prior to applying for a conditional use permit for development within the POD zone, the developer shall meet with the zoning administrator, or their designee, to review the applicable ordinances, regulations and plans that will affect the area to be rezoned.

(b)

The developer shall present a concept plan or site plan to the zoning administrator. The zoning administrator shall review the concept design and recommend changes to comply with performance standards and section 101-4.

(c)

Upon staff approval of the concept design a formal application may be made for a conditional use permit. The conditional use permit shall be considered as outlined under section 101-4.

(d)

Prior to approval of building permits, the zoning administrator shall find that all standards listed in the conditional use permit have been satisfied in the site plan and building permit applications.

(e)

The conditional use permit shall outline all allowed uses within the development, including square footages allotted to each use. A conditional use permit amendment shall be required for any deviation.

(Code 2004, pt. 3, § 30.73; Ord. No. 20-2447, 7-20-2020; Ord. No. 23-2535, § 30.73, 12-18-2023)

The following standards are required in the Planned Office District (POD):

(1)

Building setbacks (minimum).

a.

Front yard: 40 feet.

b.

Side yard: 15 feet.

c.

Rear yard: 20 feet.

d.

The minimum setback from a county road or arterial roadway shall be 50 feet.

e.

All setbacks shall be determined from the planned right-of-way (ROW), as designated in the city, county or state transportation plan, and normally defined in the subdivision regulations.

(2)

Parking lot setbacks (minimum).

a.

Front yard: 25 feet.

b.

Side yard: ten feet.

c.

Rear yard: 15 feet.

d.

The minimum setback from a county road or arterial roadway shall be 50 feet.

e.

All setbacks shall be determined from the planned right-of-way (ROW), as designated in the city, county or state transportation plan, and normally defined in the subdivision regulations.

(3)

Building sizes (minimum).

a.

40,000 square feet for professional, medical or corporate office use.

b.

50,000 square feet for mixed use buildings containing manufacturing, product distribution or product warehousing. Mixed use buildings to contain a minimum office use component of at least 50 percent of the gross building area.

(4)

Building height. There shall be no height limitations, provided all buildings are in compliance with metropolitan airport commission regulations. Multi-floor buildings are encouraged.

(5)

Building exteriors.

a.

Major exterior surfaces of all walls shall be face brick, stone, glass, stucco, architecturally treated concrete cast in place or pre-cast panels, decorative block, wood, or architectural metal, or approved equivalent, as determined by the city. Wood and metal may be used, provided that they are appropriately integrated into the overall building design and not placed in areas which may be subject to damage associated with heavy use.

b.

Under no circumstances shall sheet aluminum, corrugated aluminum, asbestos, iron, plain or painted plain concrete block be deemed acceptable as major exterior wall materials on buildings within this district.

(6)

Landscaping. In addition to the provisions of section 129-7, the following requirements shall be met:

a.

Underground irrigation shall be required for all yards.

b.

Traffic safety islands or general parking islands, were required as part of plan approval, shall be landscaped and irrigated. At least five percent of the surface area of land within a parking area shall be landscaped.

c.

Applicable landscaping requirements set forth in section 129-7 shall be increased by 1.5 times, which shall include at least 25 percent of the number of ornamental, conifer and overstory trees exceeding minimum size requirements in the front yard or in areas within view of the public right-of-way.

(7)

Loading spaces/overhead doors.

a.

Loading spaces and overhead doors should be designed to be compatible with the principal building. Architectural techniques should be employed to reduce visual impacts from adjacent properties and roadways.

b.

Loading spaces/overhead doors shall be located primarily in designated rear yards and secondarily in designated side yards.

c.

Overhead doors limited to not more than one door per 20,000 square feet of building area with the exception that all buildings are allowed a minimum of three overhead doors and all city approved multi-tenant spaces are allowed a minimum of two overhead doors.

d.

Outside storage of trucks or semitrailers is limited to not more than the number of docks or overhead doors. All truck storage areas to be 100 percent screened by a combination of earth berms, architectural elements such as fencing or building extensions and landscaping.

(8)

Refuse enclosures. Refuse facilities, except for individual containers for public use, shall be located only in the side yards or rear yards when feasible. Refuse facilities may be located in the front yard subject to approval of the zoning administrator. Such facilities shall be constructed of masonry materials such as brick or textured block in colors compatible with the principal structure. Such facilities shall have solid gates.

(Code 2004, pt. 3, § 30.74; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2494, 1-19-2022; Ord. No. 23-2535, § 30.74, 12-18-2023)

The purpose of the Town Commercial (B-5) District is to allow limited commercial uses that are appropriate for highly visible properties serving a local or regional trade areas with elevated architectural and site design. This district may be located adjacent to residential, commercial, and industrial districts and shall be primarily located on collector or arterial roads.

(Code 2004, pt. 3, § 30.81; Ord. No. 21-2480, 8-16-2021; Ord. No. 24-2568, § 30.81, 11-18-2024)

The following are permitted uses in the Town Commercial (B-5) Zone:

(1)

General retail.

(2)

Personal services, including massage, hair salons, and similar businesses.

(3)

Repair services, excluding repair of vehicles and small engines.

(4)

Business and professional offices, including medical offices.

(5)

Portrait or art studio.

(6)

Pharmacies.

(Code 2004, pt. 3, § 30.82; Ord. No. 21-2480, 8-16-2021; Ord. No. 23-2520, 1-18-2023)

The following are conditional uses in the Town Commercial (B-5) Zone:

(1)

Class I and II restaurants, with or without dining or live entertainment, as specifically allowed in the conditional use permit (CUP).

(2)

Brew pubs.

(3)

Bank.

(4)

Hotel with convention facilities.

(5)

Places of worship.

(6)

Theaters.

(7)

Private community/recreation centers.

(8)

Taproom or brewery with brewer taproom.

(9)

Coffee shop.

(10)

Liquor stores.

(11)

Indoor amusement and recreation not including fitness uses.

(12)

Zero lot line splits with shared access or shared parking.

(Code 2004, pt. 3, § 30.83; Ord. No. 21-2480, 8-16-2021; Ord. No. 22-2514, 12-19-2022; Ord. No. 23-2520, 1-18-2023; Ord. No. 23-2535, § 30.83, 12-18-2023)

The following accessory uses are allowed in the Town Commercial (B-5) Zone:

(1)

Parking structures as an accessory use, as regulated in section 129-13(10).

(Code 2004, pt. 3, § 30.84; Ord. No. 21-2480, 8-16-2021; Ord. No. 24-2568, § 30.84, 11-18-2024)

The following are prohibited uses in the Town Commercial (B-5) Zone:

(1)

Pawn shops.

(2)

Residential, including memory care and assisted living facilities.

(3)

Event centers.

(4)

Tobacco/vape shops.

(5)

Fitness centers, including yoga and gyms.

(6)

Auto repair and service.

(7)

Car washes.

(8)

Gas/convenience stores.

(Code 2004, pt. 3, § 30.85; Ord. No. 21-2480, 8-16-2021)

The following standards are required in the Town Commercial (B-5) Zone:

(1)

Building setbacks (minimum).

a.

Front yard: 50 feet, or one-half the total building height, whichever is greater.

b.

Side yard: 15 feet, or one-half the total building height, whichever is greater.

c.

Rear yard: 20 feet, or one-half the total building height, whichever is greater.

d.

All setbacks shall be determined from the planned right-of-way (ROW), as designated in the city, county or state transportation plan, and normally defined in the subdivision regulations.

(2)

Parking lot setbacks (minimum).

a.

Front yard: 30 feet.

b.

Side yard: 15 feet.

c.

Rear yard: 20 feet.

d.

All setbacks shall be determined from the planned right-of-way (ROW), as designated in the city, county or state transportation plan, and normally defined in the subdivision regulations.

(3)

Building sizes (minimum). Freestanding Class II restaurants: 5,000 square feet minimum building size.

(4)

Building height. There shall be no height limitations, provided all buildings are in compliance with metropolitan airport commission regulations.

(5)

Building exteriors.

a.

At least 50 percent of all exterior wall finishes on any building shall be comprised of a combination of at least three of the following materials with all materials present on each elevation.

1.

Brick.

2.

Natural or cultured stone.

3.

Glass.

4.

Stucco or exterior insulation and finish systems (EIFS).

5.

Fiber cement or composite siding.

6.

Architectural metal.

7.

Integrally colored, rock-faced block.

b.

The remaining portion of all exterior wall finishes shall be comprised of any combination of decorative, rock-faced concrete block and textured concrete panels or other comparable or superior materials as approved by the zoning administrator. All materials subject to zoning administrator approval.

c.

Buildings may be constructed of primarily one of the materials listed in subsection (5)a of this section if the design meets or exceeds the intent of this article.

d.

All buildings to incorporate four-sided design. Under no circumstances shall sheet aluminum, corrugated aluminum, asbestos, iron, plain or painted plain concrete block be deemed acceptable as major exterior wall materials on buildings within the city.

(6)

Landscaping. In addition to the provisions of section 129-7, the following requirements shall be met:

a.

Underground irrigation shall be required.

b.

Traffic safety islands or general parking islands, were deemed appropriate by the zoning administrator, shall be landscaped and irrigated. At least five percent of the surface area of land within a parking area shall be landscaped.

c.

On any given site there shall be at least three different shrub species.

(7)

Open space. The minimum area of permeable surface shall be 30 percent of the total project area. The zoning administrator may approve a modification to the requirement, provided additional architectural or landscape enhancements are provided.

(8)

Refuse enclosures. Refuse facilities, except for individual containers for public use, shall be located only in the side yards or rear yards when feasible. Refuse facilities may be located in the front yard subject to approval of the zoning administrator. Such facilities shall be constructed of masonry materials such as brick or textured block in colors compatible with the principal structure. Such facilities shall have solid gates.

(9)

Lighting. A lighting plan shall be submitted depicting type and design, layout of fixtures, and the illumination pattern. The design shall preclude any off-site glare.

(Code 2004, pt. 3, § 30.86; Ord. No. 02-1955, 9-5-2002; Ord. No. 04-2005, 1-22-2004; Ord. No. 21-2480, 8-16-2021; Ord. No. 22-2494, 1-19-2022)