The purpose of this article is to establish commercial land use districts by defining their characteristics and prescribing development standards therefore. Commercial land use districts are of greater intensity of use and are usually incompatible with residential districts.

(Ord. of 12-3-2018)

Developments in commercial districts shall comply with the site maintenance requirement set forth herein after a certificate of occupancy has been issued and released. The owner shall be responsible for these requirements regardless of any tenant relationship or any relationship with any other party:

1.

The cleanliness of the entire site shall be maintained by removing any trash, rubbish or other debris deposited at the site;

2.

Landscaping shall be maintained, and dead or damaged plants shall be replaced;

3.

Any damaged elements of a building (including broken windows) and the site (including curb stops, parking stripes and dumpster screening) shall be repaired or replaced if the building or the site becomes dilapidated or in disrepair;

4.

All fire suppression systems, including sprinkler systems, shall be maintained in compliance with applicable local, state, and federal statutes, regulations, and ordinances;

5.

If the commercial structure or structures shall be vacated, then the owner shall continue to maintain the site in accord with the terms hereof and shall remove all signs from the site within 60 days of the day the structure becomes vacant; and,

6.

If any commercial structure or structures become vacant for more than 60 days and the owner fails to maintain the property in accord with the terms hereof and after notice from the city of such failure, then the owner shall be subject to citation and shall be subject to the maximum fine permitted for ordinance violations for each day of each violation of any provision of this ordinance.

(Ord. of 12-3-2018; Ord. of 8-19-2019, § 13)

Outdoor lighting shall be designed to provide the minimum lighting necessary to ensure adequate safety, night vision and comfort and shall not create nor cause excessive glare upon adjacent properties or public streets or rights-of-way. All light sources shall be located, designed, fitted, aimed, shielded, installed and maintained to limit illumination only to the target area and shall minimize light trespass. Light sources shall not at any time be directed or angled such that the light emitted from the fixture is focused to a point off the property of the owner of such light fixture.

1.

Light levels. Light levels shall be as follows:

2.

Security and parking lot lighting.

a.

All security and parking lot lighting shall be installed such that the lamp (light-emitting device) is not protruding from the bottom of the fixture.

b.

All light fixtures shall be installed so that the light produced is emitted downward.

c.

Light shall not be emitted horizontally from the side of the fixture.

d.

Pole lights shall not exceed 35 feet in height and shall have box-type fixtures.

e.

Wall packs shall be used for security lighting along the side and rear of the buildings only and all light emitted shall be focused downward.

3.

Sign lighting. Sign lighting shall be as follows:

a.

Light fixtures illuminating signs shall be aimed and shielded so that direct illumination is focused exclusively upon the sign.

4.

Building facade lighting and landscape lighting. Building facade lighting and landscape lighting shall be as follows: light fixtures shall be selected, located, aimed and shielded so that direct illumination is focused exclusively upon the building façade, plantings and other intended site features and away from adjoining properties and the public street and right-of-way.

5.

Architectural lighting. Architectural lighting shall be as follows: decorative and architectural lighting is allowed upon the building façade if the lighting emits ten or less foot-candles and is focused downward.

6.

Grandfathering of nonconforming light fixtures. Grandfathering of nonconforming light fixtures shall be as follows:

a.

All light fixtures lawfully in place before the date of this ordinance shall be grandfathered. However, any light fixture that replaces a grandfathered light fixture or any grandfathered light fixture that is moved shall meet the standards of this ordinance;

b.

Grandfathered light fixtures that direct light toward a street or parking lot that causes disabling glare to motorists shall be either shielded or redirected within 90 days of notification from the city so that the light fixtures do not cause a potential hazard to motorists;

c.

Grandfathered light fixtures that can be adjusted to conform to this ordinance without changing the fixture shall so comply within 30 days of notice from the city regarding conforming to the terms hereof; and

d.

New businesses occupying existing structures with grandfathered light fixtures that do not comply with the terms of this ordinance may not replace bulbs or repair offending light fixtures. Instead, the offending fixture shall be replaced.

7.

Submission of plans. All sites of new commercial construction shall provide the planning and zoning office a lighting plan for the site at the time of submission of plans before the issuance of land development permits or building permits, as applicable. The lighting plan shall include all proposed light fixtures, including light fixtures to be placed upon the building. The lighting plan shall show an overview of the site with light level calculations and foot-candles. The light intensity of each light fixture shall be in accordance with the regulations set forth herein. If light fixtures to be placed upon the building façade cannot be included during the submission of the plans, then the developer/owner/applicant shall show cause regarding why descriptions of the light fixtures cannot be shown at that time. If the cause shown is sufficient, then the planning director may allow the light fixtures to be shown when the developer/owner/applicant submits building plans if the developer/owner/applicant provides a revised lighting plan that provides information regarding the added light generated by such fixtures. All lighting plans submitted shall include a detail sheet, which shall provide descriptions of all light fixtures to be installed.

(Ord. of 12-3-2018)

Single-family residential use is permitted in any commercial zoning district unless otherwise noted with conditions herein.

(Ord. of 12-3-2018)