In addition to the regulations and standards set forth by this chapter, certain additional regulations and standards shall apply within areas identified as overlay districts on the zoning map. Where an overlay district or districts are identified, the regulations set forth below shall apply in addition to or in lieu of the regulations of the underlying conventional zoning district as stated or as indicated by the context.

(Ord. No. 01-99, § 1(302), 11-3-1999)

(a)

Purpose and intent; applicability.

(1)

The purpose of the Village Center Overlay District is to provide additional development restrictions and opportunities within the Village Center area to help strengthen and direct development toward existing communities and to encourage walkable neighborhoods. The overlay encourages a compact, multiuse and mixed-use development area of retail, office and service, to support the overall growth and development of the City.

(2)

The provisions of this section shall apply within the area identified on the zoning map as the "Village Center Overlay District."

(b)

Additional regulations applicable to use and development.

(1)

Uses and development practices not permitted shall include:

a.

Automobile driving schools, automobile rental, and automobile sales, new and used exceeding 1 acre.

b.

Bars and liquor stores as principal uses of land, except liquor stores and bars with less than 5,000 square feet of gross floor area and those located in a shopping center with a minimum of 100,000 square feet gross floor area.

c.

Boat, mobile home, and recreational vehicle sales and service establishments.

d.

Game rooms or arcades for pool, billiards, pinball machines, juke boxes, or other coin-operated amusements, except where a juke box is operated as an accessory to a restaurant.

e.

Household moving center.

f.

Nightclubs that exceed 5,000 square feet gross floor area.

g.

Outside storage of products for retail or wholesale trade or involved in manufacturing, processing, or distribution activities, except for plant nurseries. Does not include outdoor display of merchandise permitted pursuant to section 3-122(10) in the B-2, B-3, B-4 and B-5 commercial zoning districts.

h.

Pawn shops.

i.

Outdoor dog or animal runs associated with any kennel or veterinary clinic.

j.

Tattoo parlor or body piercing establishment (except ear piercing) operated as a principal or accessory use.

k.

Fireworks sales.

(2)

Additional uses and development practices may be permitted by special exception, including:

a.

Off-site and shared parking arrangements and reduction of required parking. Any proposed parking arrangement which provides for shared, reduced or off-site required parking must include an agreement with a term of at least ten years and providing that the City Manager will be notified of any change in the agreement or of the expiration of the agreement without provision of required parking.

b.

Outside service areas for restaurants, including outside service of alcoholic beverages and entertainment. Restaurants must operate under 4COPSRX licenses or shall meet similar limitations. Outside service shall be limited to the same hours of operation as interior service.

c.

Drive-thru restaurants on parcels where the underlying zoning permits the use (Reference section 3-134(15) Special exception uses).

(3)

Retail uses are permitted, provided they do not exceed 10,000 gross square feet of retail space, except there shall be no limit of square feet of retail space at commercial nodes located at the intersection of U.S. Highway 17-92 and Highbanks Road.

(c)

Expansion of commercial uses. Efforts shall be made to expand the size of individual development parcels by consolidating properties. Developments which include property fronting on U.S. 17-92 may be expanded into adjacent residentially zoned parcels. Such expansions must be approved by the City Council through the planned development process and must demonstrate that there will be no adverse impact on residentially-zoned areas. A unity of title agreement must be recorded ensuring that multiple parcels remain under a common ownership or control.

(Ord. No. 01-99, § 1(302.1), 11-3-1999; Ord No. 16-04, § 1, 11-3-2004; Ord. No. 22-02, § 3, 12-11-2002; Ord. No. 10-11, § 2, 10-5-2011; Ord. No. 02-12, § 2(Exh. A), 9-5-2012)

(a)

Purpose and intent; applicability.

(1)

The purpose of the South 17-92 Overlay District is to provide additional development restrictions and opportunities within the area along South U.S. 17-92 consistent with the adopted Comprehensive Plan. The plan provides for mixed-use and commercial development to support the overall growth and development of the City. It is the intent of this section that adequate flexibility be provided to accommodate the purposes and style of development described in the Plan.

(2)

The provisions of this section shall apply within the area identified on the zoning map as the "South 17-92 Overlay District."

(b)

Additional regulations applicable to use and development.

(1)

Uses and development practices not permitted shall include:

a.

Automobile and truck sales, new and used, except those meeting the standards of subsection (c) of this section.

b.

Bars and liquor stores as principal uses of land, except liquor stores located in a shopping center with a minimum of 100,000 square feet gross floor area or separately located not exceeding 5,000 gross square feet.

c.

Boat, mobile home, and recreational vehicle sales and service establishments, except those meeting the standards of subsection (c) of this section.

d.

Outside storage of products for retail or wholesale trade or involved in manufacturing, processing, or distribution activities, except as may be permitted by special exception. Does not include outdoor display of merchandise permitted pursuant to Section 3-133(10) in the B-2, B-3, B-4 and B-5 commercial zoning districts.

e.

Tattoo parlor or body piercing establishment (except ear piercing) operated as a principal or accessory use.

(2)

Parking arrangements. Off-site and shared parking arrangements and reduction of required parking may be allowed by special exception. Any proposed parking arrangement which provides for shared, reduced or off-site required parking must include an agreement with a term of at least ten years and providing that the City Manager will be notified of any change in the agreement or of the expiration of the agreement without provision of required parking.

(c)

Development standards. The minimum size of any development parcel shall be five acres and the minimum frontage shall be 600 feet on a paved public street. One driveway entrance shall be permitted for each 400 feet of frontage. Shared driveways for adjacent parcels are encouraged provided that the location is reasonable in consideration of driveways on other parcels, median openings, and street intersections. Coordinated development on a single parcel or coordination of developments on adjacent parcels under a unified development plan is encouraged. Where parcels are combined for development purposes, a unity of title agreement must be recorded ensuring that multiple parcels remain under a common ownership or control. The City Council may allow a reduction in the lot area and/or frontage requirements where adjacent developments are coordinated so as to meet the intent of this provision.

(Ord. No. 01-99, § 1(302.2), 11-3-1999; Ord. No. 16-04, § 2, 11-3-2004; Ord. No. 02-12, § 2(Exh. A), 9-5-2012)

(a)

Purpose and intent; applicability.

(1)

The purpose of the Waterfront Use Overlay District is to provide additional development restrictions and opportunities for areas used for privately owned public water access consistent with the adopted Comprehensive Plan. The Plan provides for management of areas adjacent to surface water bodies and preservation of the public's ability to access water bodies. It is the intent of this section that adequate flexibility be provided to accommodate the purposes and style of development described in the Plan.

(2)

The provisions of this section shall apply within the area identified on the zoning map as the "Waterfront Use Overlay District."

(b)

Additional regulations applicable to use and development.

(1)

Uses and development practices not permitted shall include any use or development which restricts public access to surface water bodies utilizing public facilities. This provision does not prevent management of private lands, including private access facilities, by the owner of such land or facilities.

(2)

Additional uses and development practices may be permitted by special exception, including campgrounds and recreational vehicle facilities operated in conjunction with a marina, provided that such facilities shall be served by central sewerage facilities (public or private).

(Ord. No. 01-99, § 1(302.3), 11-3-1999)

(a)

Purpose and intent; applicability.

(1)

The purpose of the Meadowlea Overlay District is to provide alternative setback requirements to facilitate the installation of newer mobile home dwellings on lots within such district. Due to the average lot size within such district and changes in the size and configuration of modern mobile homes, such installations, as proposed, often do not meet the setback requirements imposed by the MH-5 Urban Mobile Home Classification. This overlay district seeks to provide relief to accommodate the installation of newer mobile home units on the lots located within such subdivision.

(2)

The provisions of this section will apply within the area identified on the zoning map as the "Meadowlea Overlay District."

(b)

Additional regulations applicable to use and development.

(1)

Minimum yard requirements (alternate setbacks). The following setback requirements will apply in lieu of those prescribed by the MH-5 Urban Mobile Home Classification.

i.

Front yard: 20 feet.

ii.

Rear yard: 10 feet.

iii.

Side yard: 5 feet.

iv.

Street side yard: 10 feet.

v.

Waterfront yard: 25 feet.

(2)

All other zoning requirements, including any additional dimensional or setback requirements that are not modified by this section 3-25, will remain in effect as set forth in the MH-5 Urban Mobile Home Classification.

(Ord. No. 06-2021, §§ 2, 3(Exh. A), 7-21-2021)