11-701.1

Uses.

(Ord. No. 2281, 4-18-23)

11-701.2

Development Guidelines. Developments must satisfy the following guidelines. Determination of whether these guidelines are satisfied will be made by the Planning Commission or by the City Council after receiving a recommendation from the Planning Commission.

(1)

Vary building massing, using methods including staggering building components, adding columns, recessing doorways, creating interesting shapes and short, uneven facades.

(2)

Articulate building facades using techniques such as staggering, arcades, awnings, special window treatments, ornamentation and unique details. Face primary entries to public or private streets and orient doors for loading and unloading goods away from public or private streets.

(3)

Provide a variety of roof shapes using techniques including pitched, gable or hip roofs or detailed parapets and cornices or creatively shaped cornice lines creating interesting roof line profiles.

(4)

Every building must include a focal element or feature adding interest or distinction, using techniques such as elevating parts of buildings, towers, or emphasizing a prominent part of the building such as a corner or main entry or by using features such as canopies, porticoes, overhangs, arcades, facade recesses and projections, and peaked roofs or raised parapets above doors or windows.

(5)

All exterior wall surfaces must include a variation in building materials and color, which are to be distributed throughout the building facades and coordinated into the architectural design of the structure. Acceptable exterior building materials include the following:

(a)

Brick or similar custom masonry unit having brick like appearance.

(b)

Natural or cementitious stone.

(c)

Architectural glass (i.e., curtain wall).

(d)

Architectural, single skin roll formed profiles metal panel, minimum 22 gauge.

(e)

Masonry stucco, or EFIS in conformance with ICC ES report.

(f)

Integrally colored split face (rock face), burnished or glazed concrete masonry units.

(g)

Integrally colored architecturally precast concrete panels having an exposed aggregate, light sandblast, acid etch, form liner, natural stone veneer, brick face and/or cast stone type finish (excluding single-T or double-T panels, plain, uncolored, or raked finish).

The Council may approve an alternative material or mix of materials provided the applicant demonstrates that the modification results in a better integration of the building with the surrounding area and will further the intent of this Section.

Front facades and side and rear facades visible from a public right-of-way, parks and adjacent residential uses must be composed of not more than 35 percent of any one acceptable material.

Brick with a distinctively different color may be considered a second material. Side and rear facades not visible from a public right-of-way, parks and adjacent residential uses may use any combination of acceptable material. Other materials may be used as accents if found they are compatible with the listed materials and provided it does not cover more than 15 percent of a building face.

(6)

Where approved, the motor vehicle fuel pump canopy roof must have the same shape, materials and color as the roof of the principal building. Canopy supports shall be enclosed in decorative masonry or metal columns.

(7)

The maximum horizontal length of any continuous front building face not varied by a 45 degree or greater change in the plane of the face is 300 feet. A building face greater than 100 feet in length must incorporate wall plane projections or recesses having a depth of at least three percent of the length of the face and extending at least 20 percent of the length of the face. No uninterrupted length of any face can exceed 100 horizontal feet. The maximum horizontal length of any continuous building faces, excluding the front building face, not varied by a 45 degree of greater change in the plane of the face is 300 feet. A building face greater than 100 feet in length must incorporate design features to provide a varied appearance.

(8)

Bike racks must be provided in an area that is convenient to each major building entrance, but which will not disrupt pedestrian or vehicular traffic or fire lanes.

(9)

All mechanical equipment on the ground or roof, such as heating and air conditioning units and electrical transformers, must be screened on all sides so as not to be visible from public streets or other properties. Such screening must be compatible with the building. Evergreen plant materials may be used to screen such equipment located on the ground.

(10)

Public sidewalks must be installed at all locations designated in the Sidewalk System Plan adopted by the City Council and elsewhere as deemed necessary by City Council. The location, design and elevation of such sidewalks must be in conformance with the standards on file in the office of the City Engineer. If the Planning Commission determines that sidewalk construction is not feasible because of future street construction, the Planning Commission may postpone such construction, provided a cash payment is made to the City in an amount determined by the City Engineer sufficient to cover the cost of constructing the sidewalk when it is feasible. On-site sidewalks must be provided where necessary for pedestrian safety and convenience.

(11)

Access to buildings within a shopping center must be planned so as to avoid pedestrian crossings of vehicular traffic lanes. Adjacent commercial uses must be designed to encourage pedestrian movement between uses. Common drives, parking, walks and green space must be used whenever possible.

(12)

Parking, Driveways and Driving Areas. Such areas must be provided as specified in Section 11-1201 and subsection 11-1206.2 of City Code. With appropriate supporting technical documentation, the Planning Commission may approve alternatives to the minimum number of parking spaces required by subsection 11-1201.9 of the City Code. All vehicles must be parked on a paved surface.

(13)

Dumpster, trash and recycling containers must be placed within Service Areas where practical or screened according to subsection 11-1204.4 of the City Code.

11-701.3

Outdoor Storage. Outdoor storage is prohibited with the following exceptions:

(1)

Materials and equipment directly related to site maintenance and safety provided they are stored and completely screened in an enclosure constructed of materials similar to and compatible with the principal structure subject to an approved site plan and subject to the following:

(a)

Restricted to the rear or side yards only;

(b)

10 foot minimum setback from property lines; and

(c)

Cannot impact emergency access, traffic flow, parking or sidewalk access;

(2)

Items available for active sales covering no more than 20 square feet.

(3)

Shopping cart corrals shown on an approved site plan and used for the temporary storage of carts.

11-701.4

Junk Vehicles. The parking, storage, or maintenance of junk vehicles is allowed only if incidental to a permitted use and if the vehicles are being actively repaired. Such vehicles must be stored within an enclosed building or be so screened that they are not visible from public streets or adjoining properties.

11-701.5

Landscaping and Screening. The landscape design objectives, the landscape plan and the size, location, quantity and type of landscape and screening plants must meet the requirements of the current version of Landscape Standards on File with the Community Development Director and the following requirements:

(1)

All landscaped areas must be irrigated with an underground sprinkler system.

(2)

Landscaped islands will be provided in parking lots to break up and soften large areas of paving.

(3)

All areas not covered by impervious surfaces or landscaping must be planted with cultured sod laid over four inches of drought-resistant top soil.

(4)

Trash and recycling areas, mechanical equipment and other screening are required in accordance with subsection 11-1204.1.

(5)

At least 25 percent of the lot area must be landscaped. As recommended by the Planning Commission and approved by the City Council, the area of landscaped water retention areas and landscaped spaces within buildings which are an integral part of the development, may be used to partially satisfy the landscaped area requirement.

(Ord. No. 2157, 2-2-16; Ord. No. 2161, 4-19-16; Ord. No. 2203, 2-7-18; Ord. No. 2227, 10-15-19; Ord. No. 2231, 12-17-19; Ord. No. 2247, 7-20-21; Ord. No. 2281, 4-18-23; Ord. No. 2322, 12-17-24)

11-702.1

Intent. The (O) Office District is intended to buffer residential districts from arterial streets or from (CC) Community Commercial or (GC) General Commercial Districts and to provide a district which is compatible with and may reasonably adjoin residential districts. The (O) Office District provides for the location and development of offices and other commercial uses which are subject to more restrictive controls.

11-702.2

Dimensional Requirements.

(1)

Minimum Lot Area. None.

(2)

Maximum Lot Coverage. No more than 40 percent of a lot can be covered by buildings.

(3)

Minimum Lot Width. One hundred feet.

(4)

Minimum Setbacks.

(a)

Buildings from:

(i)

Another Building: Twenty-five feet.

(ii)

Street right-of-way: Thirty-five feet

(iii)

Adjacent LDR-1, LDR-2, MH, MDR districts: 50 feet plus two and one-half feet for every foot (or fraction of a foot) of building height over 30 feet. In granting site plan approval the Planning Commission may approve a reduction to ten feet for a side yard or 25 feet for a rear yard when the use on the abutting property is institutional, commercial or a utility use including, but not limited to, a pump house, sewage lift station, substation, water tower, reservoir, or water treatment facility.

(iv)

Adjacent HDR District:

(aa)

Side yard: Twenty feet, provided, however, in granting site plan approval the Planning Commission may approve a reduction to ten feet when the use on the abutting property is institutional, commercial or a utility use including, but not limited to, a pump house, sewage lift station, substation, water tower, reservoir, or water treatment facility.

(bb)

Rear yard: Twenty-five feet

(v)

Other adjacent property

(aa)

Side yard: Ten feet

(bb)

Rear yard: Twenty-five feet

(cc)

Parking and drives: Five feet

(b)

Parking and drives from:

(i)

Street right-of-way: Twenty feet

(ii)

Adjacent residential district: Twenty feet. Provided, however, in granting site plan approval, the Planning Commission may reduce to five feet when the use on the abutting property is a non-residential conditional use.

(iii)

Other adjacent property: Five feet

11-703.1

Intent. The intent of this District is to preserve land for the use of attractive neighborhood shopping centers that are compatible with residential neighborhoods. These are small centers that cater to the daily shopping needs of the surrounding neighborhood. Emphasis should be placed on convenience and pedestrian and bicycle access. The center should be designed to eliminate any nuisance or incompatibility with surrounding land uses.

11-703.2

Dimensional Requirements.

(1)

Building Height. The maximum building height is 25 feet.

(2)

Floor Area. The minimum floor area is 2,000 square feet.

(3)

Lot Area. The minimum lot area is one acre in a single ownership or control.

(4)

Lot Coverage. No more than 40 percent of a lot can be covered by buildings.

(5)

Minimum Setbacks.

(a)

Principal use buildings from:

(i)

Another principal use building: Twenty-five feet

(ii)

Street Right-of-Way: Thirty-five feet

(iii)

Adjacent LDR-1, LDR-2 or MH Districts: 50 feet. In granting site plan approval the Planning Commission may approve a reduction to ten feet for a side yard or 25 feet for a rear yard when the use on the abutting property is institutional, commercial or a utility use including, but not limited to, a pump house, sewage lift station, substation, water tower, reservoir, or water treatment facility.

(iv)

Other adjacent property: Twenty-five feet

(v)

Parking and drives: Five feet

(b)

Parking and drives from:

(i)

Street Right-of-Way: Twenty feet

(ii)

Adjacent MDR or HDR districts: Twenty-five feet. The Planning Commission may reduce this to five feet when the use on the abutting property is a nonresidential use.

(iii)

Adjacent LDR-1, LDRl-2 or MH Districts: Thirty-five feet. The Planning Commission may reduce this to five feet when the use on the abutting property is a non-residential conditional use.

(iv)

Other adjacent property: Five feet

11-704.1

Intent. The intent of the (CC) Community Commercial District is to minimize detrimental influences on surrounding residential neighborhoods, while encouraging efficient and attractive large-scale shopping centers. To achieve this goal, such centers should be designed as a unit and have access to arterial streets. Businesses that would disrupt the center or its circulation pattern should be excluded.

11-704.2

Dimensional Requirements.

(1)

Building Height. The maximum building height is 70 feet.

(2)

Floor Area. The minimum floor area is 40,000 square feet.

(3)

Lot Area. The minimum lot area for the overall development is five acres in a single ownership or control, and one acre for individual lots.

(4)

Lot Coverage. No more than 40 percent of a lot can be covered by buildings.

(5)

Minimum Setbacks.

(a)

Principal use buildings from:

(i)

Another principal use building: Twenty-five feet

(ii)

Street Right-of-Way: Thirty-five feet

(iii)

Adjacent residential districts: Fifty feet In granting site plan approval the Planning Commission may approve a reduction to ten feet for a side yard or 25 feet for a rear yard when the use on the abutting property is institutional, commercial or a utility use including, but not limited to, a pump house, sewage lift station, substation, water tower, reservoir, or water treatment facility.

(iv)

Other adjacent property: Twenty-five feet

(v)

Parking and drives: Five feet

(b)

Parking and drives from:

(i)

Street Right-of-Way: Twenty-five feet

(ii)

Adjacent residential districts: Forty-five feet. The Planning Commission may reduce this to five feet when the use on the abutting property is a nonresidential use.

(iii)

Other adjacent property: Five feet

11-705.1

Intent. These areas are intended to encourage businesses that do not belong in shopping centers, businesses which are highway-oriented, or businesses that tend to service industries, other businesses, and residences. These areas tend to include businesses which are less compatible with residential areas than other commercial districts. Therefore, such uses should be buffered from residential areas. The site plan should be designed to produce the maximum efficiency for the business, while protecting the interests of the surrounding land uses.

11-705.2

Dimensional Requirements.

(1)

Minimum Lot Area. None.

(2)

[Reserved.]

(3)

Lot Coverage. No more than 40 percent of a lot can be covered by buildings.

(4)

Minimum Lot Width. The minimum lot width is 100 feet.

(5)

Minimum Setbacks.

(a)

Buildings from:

(i)

Another principal use building: Twenty-five feet

(ii)

Street Right-of-Way: Thirty-five feet

(iii)

Adjacent LDR1, LDR2, MH and MDR districts: Fifty feet plus 2.5 feet for every foot (or fraction of a foot) of building height over 30 feet. In granting site plan approval the Planning Commission may approve a reduction to ten feet for a side yard or 25 feet for a rear yard when the use of the abutting property is institutional, commercial or a utility use including, but not limited to, a pump house, sewage lift station, substation, water tower, reservoir, or water treatment facility.

(iv)

Adjacent HDR.

(aa)

Side Yard: Twenty feet, provided, however, in granting site plan approval the Planning Commission may approve a reduction to ten feet when the use on the abutting property is institutional, commercial or a utility use including, but not limited to, a pump house, sewage lift station, substation, water tower, reservoir, or water treatment facility.

(bb)

Rear yard: Twenty-five feet

(v)

Other adjacent property.

(aa)

Side Yard: Ten feet

(bb)

Rear Yard: Twenty-five feet

(vi)

Parking and drives: Five feet

(b)

Parking and drives from:

(i)

Street Right-of-Way: Twenty feet

(ii)

Adjacent residential districts: Twenty feet. Provided, however, in granting site plan approval, the Planning Commission may reduce to five feet when the use on the abutting property is a non-residential conditional use.

(iii)

Other adjacent property: Five feet

11-706.1

Intent. The (RS) Regional Shopping District is intended to promote large-scale commercial development, including retail, entertainment, restaurant and other complementary uses, serving a trade area beyond the City boundaries and designed in an integrated and unified manner according to an overall plan emphasizing pedestrian convenience. The District is intended to serve a multi-community trade area with some features not already present in other shopping centers in the trade area, provide varied buying and shopping opportunities and offer varied exercise, entertainment and community activities. The district is intended to provide a desirable place where a variety of persons want to go, offer varied ways to shop, dine, socialize and have fun which are conveniently accessible to pedestrians, and have attractive and high quality, decorative lighting, landscaping, signs, sidewalks and trails. The District is intended to encourage access to several destinations from single parking locations and walking from destination to destination, provide attractive designs and quality materials for building exteriors, and offer a safe environment for visitors.

11-706.2

Pedestrian Circulation. Internal pedestrian systems must be provided within the development to provide for user-friendly pedestrian access to buildings and pedestrian safety, shelter, comfort and convenience as follows:

(1)

Pedestrian crossings of major vehicular drives must be minimized.

(2)

The maximum distance from parking spaces to buildings is 550 feet. The maximum distance for 80 percent of parking spaces to buildings is 450 feet.

(3)

Pedestrian movements between adjacent uses will be encouraged and accommodated.

(4)

Pedestrian walks must be a minimum of eight feet wide.

(5)

Building orientation and design must be used to provide weather protection for pedestrians to the greatest practical extent.

11-706.3

Service Areas. Areas for loading, truck parking, trash compaction and other service functions must be designed with the same exterior materials and to complement the overall design of the buildings being served by them. Such areas must be screened from view of adjacent lots, public streets, and building entries. Such service areas must also comply with subsections 11-1200.1 through 11-1201.7 and 11-1201.10 of the Revised City Code - 1982.

11-706.4

Outdoor Display and Sales. The outdoor display and sale of merchandise is prohibited, except as allowed with a Special Event Permit.

11-706.5

Special Events. The Community Development Director may grant to the property owner or agent a special event permit for the gathering for a common purpose, including but not limited to musical presentation, festivals, carnivals, dances, and the display and sale of merchandise, for a time period not to exceed three days per event pursuant to such application the Director may require. The total number of days available to each property owner cannot exceed 90 days within a calendar year. The Director shall approve or deny the permit based on public safety considerations, and communicate the determination and reasons therefore to the applicant within 30 days of the receipt of a completed application. The appeal of a denial of a special event permit, if any, must be to the City Council,who shall affirm, rescind, or modify the determination within 30 days of the appeal.

(a)

Every applicant must pay a fee for each special event permit regulated by this Section before being granted a permit.

(b)

Special event permit fees will be established from time to time by ordinance of the City Council.

11-706.6

Dimensional Requirements.

(1)

Floor Area. The minimum aggregate building floor area for the entire development shall be 740,000 square feet. The minimum aggregate building floor area for the initial phase of the development shall be 445,000 square feet. The minimum floor area of a primary building shall be 40,000 square feet. The minimum floor area of a secondary building shall be 5,000 square feet.

(2)

Lot Area. The minimum aggregate area of lots in the entire development shall be 120 acres.

(3)

Lot Coverage. No more than 40 percent of the lot shall be covered by buildings.

(4)

Setbacks. Minimum setbacks shall be as follows:

(a)

Principle use buildings from:

(i)

Another Building: Twenty-five feet (does not apply to buildings with common walls or parallel building walls less than 6 inches apart)

(ii)

Street right-of-way: Fifty feet

(iii)

Other adjacent property: Twenty-five feet

(b)

Parking and drives from:

(i)

Street right-of-way: Twenty-five feet

(ii)

Other adjacent property: Five feet

11-706.7

Development Plan Approval. Approval is required pursuant to subsections 11-902.5 through 11-902.13 of the Revised City Code-1982. Approval also requires a finding that the proposed development is an integrated project. Final development plan approval must be conditioned upon the developer entering into a development agreement with the City. This agreement will obligate the developer to comply with the requirements of this Chapter of the City Code, require the developer to comply with all conditions of final development plan approval by the City Council and define a financing plan for the developer's responsibilities for the payment of public improvements needed to serve the project.