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East Peoria City Zoning Code

CHAPTER 10

- BUSINESS DISTRICTS

Sec. 5-10-1. - Purpose.

The business districts set forth herein are established to protect public health, to promote public safety, comfort, convenience and the general welfare, and to protect the economic base of the city and the value of property. These general purposes include, among others, the following specific objectives:

(1)

To promote the most desirable use of land in accordance with a well-considered plan so that adequate space is provided in appropriate locations for the various types of business uses, thereby protecting and strengthening the economic base of the city;

(2)

To place in separate districts those businesses which may create noise, odors, hazards, unsightliness or which may generate heavy traffic;

(3)

To permit selected business uses in districts where adjacency to or inclusion in a residential area has sufficient elements of service or convenience to such areas to offset the disadvantage;

(4)

To encourage the grouping in appropriate locations of compatible business uses which will tend to draw trade that is mutually interchangeable and so promote public convenience and business prosperity and contribute to the alleviation of traffic and pedestrian congestion;

(5)

To provide for the establishment of off-street parking facilities, permitted and required, so as to alleviate traffic congestion and so promote shopping convenience and business prosperity.

(Code 1994, § 5-9-1)

Sec. 5-10-2. - B-1 Business District, Offices.

The purpose of the B-1 Business District, Offices, is to provide for the professional and business office needs of the city.

(1)

Permitted uses. The following shall be permitted uses in the B-1 Business District, Offices:

a.

Home, regional, district and branch offices of manufacturing, commercial, service and industrial companies and corporations where only executive, administrative and clerical functions are performed;

b.

Real estate office;

c.

Medical office, clinic or lab;

d.

Insurance office;

e.

Professional office;

f.

Fraternal, educational, religious office;

g.

Financial institutions;

h.

Travel bureau;

i.

Public library;

j.

Governmental office;

k.

Church/synagogue;

l.

Post office;

m.

Hospital/medical center;

n.

Signs, other than off-premises signs, as defined in chapter 16 of this title;

o.

Emergency shelters located at least 660 feet of any existing community residence as measured from lot line to lot line as measured from lot line to lot line;

p.

Halfway houses located at least 660 feet of any existing community residence as measured from lot line to lot line as measured from lot line to lot line;

q.

Hospices located at least 660 feet of any existing community residence as measured from lot line to lot line as measured from lot line to lot line;

r.

Antennas which are to be installed on existing towers or other structures.

(2)

Special uses. The following uses may be allowed by special use permit in the B-1 district in accordance with the provisions of section 5-12-10:

a.

Nursing and convalescent homes;

b.

Planned unit development in accordance with chapter 13 of this title;

c.

Day care centers;

d.

Living quarters above businesses;

e.

Parking lots;

f.

Public utility;

g.

Elimination of restrictions on expansion, enlargement, or reconstruction of legal nonconforming buildings and uses as defined in chapter 5 of this title;

h.

Emergency shelters located within 660 feet of any existing community residence as measured from lot line to lot line as measured from lot line to lot line;

i.

Halfway houses located within 660 feet of any existing community residence as measured from lot line to lot line as measured from lot line to lot line;

j.

Hospices located within 660 feet of any existing community residence as measured from lot line to lot line as measured from lot line to lot line;

k.

Towers complying with the provisions of title 4;

l.

The sale of firearms or firearm ammunition by a business establishment or the use or demonstration of firearms on the premises of a business establishment where the aggregate floor area in any building or portion thereof occupied by such business establishment which is utilized in connection with the sale, demonstration or use of firearms or firearm ammunition exceeds or is expected to exceed ten percent of the net floor area in any building or portion thereof occupied by such business establishment;

m.

Certain construction activities within a steep slope zone in accordance with the provisions of chapter 15 of this title;

n.

The siting and construction of a wind energy conversion system which complies with title 4, chapter 17;

o.

The siting and construction of solar energy systems which require a special use under the provisions of title 4, chapter 19;

p.

Event centers.

1.

As used in this subsection p, the term "event center" means a building or structure kept, used, or maintained as, or advertised or held out to the public for use for private special events on an occasional basis, including weddings, receptions, birthday parties, reunions, and fundraising events for not-for-profits organizations;

2.

An event center shall meet or exceed the requirements of the 2012 IBC, as well as the life safety requirements set forth in the current NFPA 101 Life Safety Code Edition adopted by the city, based on their occupancy classification as determined by the fire chief or designee see title 8, chapter 1;

3.

Sufficient parking shall be available to accommodate the number of guests in the event center;

4.

Amplified music shall be limited to the interior of totally enclosed permanent structures and shall not under any circumstance unreasonably disturb the owners of adjoining property;

5.

Lighting on the property shall be designed in such a manner as to focus on the event center structure and adjacent parking area and avoid unreasonable disturbance of the owners of adjoining property;

6.

The use of exterior signage or display on the zoning lot which contains the event center facility or any adjacent zoning lots to indicate the existence of the event center facility may be permitted on a case-by-case basis. However, under no circumstances shall the permitted signage or display exceed 20 square feet in size;

q.

Outdoor training facilities.

(3)

Building height. There shall be no maximum building height applicable in a B-1 zoning district.

(4)

Yard area. No building in the B-1 district shall be constructed or enlarged unless the following yards are provided and maintained in connection with such building:

a.

Front yard. Each lot upon which a building is constructed shall have a front yard of not less than 20 feet. Every corner lot on which a building is constructed shall have a front yard along each adjoining street. A public or private parking area for automobiles may be located in a front yard but only if all of the following conditions are met:

1.

No part of any public or private parking area may be located within ten feet of any public right-of-way or within ten feet of any residential district; and

2.

All property lying between any such public or private parking area and any adjacent public right-of-way or a residential district shall be maintained as open space and shall be planted with landscaping materials in accordance with a site plan approved in the manner provided by chapter 4 of this title.

b.

Side yard. There shall be a side yard on each side of a main building of not less than ten feet or 15 feet for any side yard adjacent to property located in the R-1, R-2, R-3 or R-4 residential dwelling district.

c.

Rear yard. Every lot upon which a building is constructed shall have a rear yard of not less than 20 feet or 25 feet for any rear yard adjacent to property located in the R-1, R-2, R-3 or R-4 residential dwelling district. Such rear yards may be utilized for open-air auto parking, but, garages or other accessory buildings or structures are prohibited.

d.

Platted building setbacks. Under some circumstances, a building to be constructed or enlarged will be located on a lot created by a recorded plat which contains or is subject to building setback or yard requirements which exceed the preceding front, side or rear yard requirements. Under such circumstances, the greater requirement shall apply.

e.

Lot coverage. No more than 40 percent of the area of a lot may be covered by buildings or structures.

(5)

Parking and loading. Parking areas and loading areas in the B-1 district shall be provided and maintained in accordance with chapter 7 of this title.

(Code 1994, § 5-9-2; Ord. No. 2081, 8-27-1985; Ord. No. 2348, 2-27-1990; Ord. No. 2669, §§ 10, 11, 10-5-1993; Ord. No. 2697, § 4, 1-18-1994; Ord. No. 2949, § 4, 6-10-1997; Ord. No. 2994, §§ 8, 9, 6-17-1997; Ord. No. 3084, § 1, 7-21-1998; Ord. No. 3106, § 2, 12-1-1998; Ord. No. 3682, § 5, 4-4-2006; Ord. No. 3819, § 5, 7-8-2008; Ord. No. 4105, § 2, 4-30-2013; Ord. No. 4354, § 3, 1-16-2018; Ord. No. 4624, § 1, 1-4-2022; Ord. No. 4772, § 1, 12-12-2023)

Sec. 5-10-3. - B-2 Business District, General Retail.

(a)

Permitted uses. The following shall be permitted uses in the B-2 Business District, General Retail:

(1)

Recreational:

a.

Indoor theater;

b.

Video movie and equipment sales and retail;

c.

Arcade.

(2)

Service:

a.

Business, trade or dance, music or art school;

b.

Watch and clock repair shop;

c.

Laundromat;

d.

Graphic art studio;

e.

Shoe repair shop;

f.

Hobby shop;

g.

Barbershop or beauty parlor;

h.

Dry cleaning store;

i.

Restaurants which do not serve customers in parked cars, or from walk-up or drive-up windows;

j.

Electric vehicle (EV) chargers and charging stations.

(3)

Retail:

a.

Hardware store;

b.

Grocery store;

c.

Meat market;

d.

Fruit and vegetable market;

e.

Drug store;

f.

Pharmacy;

g.

Pet shop;

h.

Newsstand;

i.

Office equipment supply establishment (including service and rental);

j.

Sporting goods;

k.

Toy shops;

l.

Clothing store;

m.

Shoe store;

n.

Card or gift shop;

o.

Camera shop;

p.

Craft or hobby shop;

q.

Department store;

r.

Book store;

s.

New household furnishing shop;

t.

Bakery (limited to goods for retail sales on-premises);

u.

Jewelry store;

v.

Electrical and household appliance store;

w.

Florist shop;

x.

Package liquor store;

y.

Variety and notions store.

(4)

Miscellaneous:

a.

Signs, other than off-premises signs, as defined in chapter 16 of this title;

b.

Any use allowed as a permitted use in a B-1 district.

(5)

Emergency shelters located at least 660 feet from any existing community residence as measured from lot line to lot line.

(6)

Halfway houses located at least 660 feet from any existing community residence as measured from lot line to lot line.

(7)

Hospices located at least 660 feet from any existing community residence as measured from lot line to lot line.

(8)

Automated teller machines provided the front yard required for an automated teller machine shall be one-half of the front yard typically required for a principal building.

(9)

On-premises automatic changeable copy signs up to 100 square feet in size that otherwise comply with the applicable requirements for on-premises automatic changeable copy signs set forth in the section 5-16-5(5)(m).

(10)

A convenience cash business but only under the following conditions:

a.

The convenience cash business is not located within 1,500 feet of any other convenience cash business;

b.

The convenience cash business is not located within 500 feet of any property zoned for residential purposes under the zoning classifications regulated at chapter 8 of this title; and

c.

Distances described in this subsection (10) shall be measured from the property line of the parcel containing the convenience cash business to the property line of any existing convenience cash business and to the property line of any parcel zoned for residential purposes, all without regard to intervening structures or objects.

(b)

Special uses. The following uses may be allowed by special use permit in the B-2 district in accordance with the provisions of section 5-12-10:

(1)

Planned unit development in accordance with chapter 13 of this title;

(2)

Living quarters above businesses;

(3)

Public utility;

(4)

Elimination of restrictions on expansion, enlargement or reconstruction of legal, nonconforming uses, as defined in chapter 5 of this title;

(5)

On-premises freestanding signs which are at least 49 feet but do not exceed 85 feet in height, but only under the following conditions:

a.

Except for the height, the signs otherwise comply with the provisions of section 5-16-5;

b.

The signs are located on property that is within 500 feet of an interstate highway interchange, or between the edge of the Illinois River and a federal highway right-of-way; and

c.

A height in excess of 49 feet is reasonably necessary to provide visibility to travelers on interstate 74;

(6)

Emergency shelters located within 660 feet of any existing community residence as measured from lot line to lot line;

(7)

Halfway houses located within 660 feet of any existing community residence as measured from lot line to lot line;

(8)

Hospices located within 660 feet of any existing community residence as measured from lot line to lot line;

(9)

Off-premises signs as defined in title 5, chapter 16;

(10)

Towers complying with the provisions of title 4;

(11)

The sale of firearms or firearm ammunition by a business establishment or the use or demonstration of firearms on the premises of a business establishment where the aggregate floor area in any building or portion thereof occupied by such business establishment which is utilized in connection with the sale, demonstration or use of firearms or firearm ammunition exceeds or is expected to exceed ten percent of the net floor area in any building or portion thereof occupied by such business establishment;

(12)

Residential facilities having more than 25 dwelling units;

(13)

Any use allowed as a special use in a B-1 zoning district;

(14)

A convenience cash business which does not meet the limitations imposed by subsection (a)(10) of this section;

(15)

Smoke or tobacco shops, provided that such business is properly licensed under title 3, chapter 35 and is not located within 500 feet of any school, child care facility, or other building used for educational or recreational programs for persons under the age of 21 years.

(16)

Changeable copy on-premises signs that are in excess of 100 square feet in size due to topography or adjacent road classification (freeway, divided highway).

(c)

Building height. There shall be no maximum building height applicable in a B-2 zoning district.

(d)

Yard areas. No building in the B-2 district shall be constructed or enlarged unless the following yards are provided and maintained in connection with such building:

(1)

Front yard. There shall be a front yard of not less than 25 feet. Every corner lot on which a building is constructed shall have a front yard along each adjoining street. A public or private parking area for automobiles may be located in a front yard but only if all of the following conditions are met:

a.

No part of any public or private parking area may be located within ten feet of any public right-of-way or within ten feet of any residential district; and

b.

All property lying between any such public or private parking area and any adjacent public right-of-way or a residential district shall be maintained as open space and shall be planted with landscaping materials in accordance with a site plan approved in the manner provided by chapter 4 of this title.

(2)

Side yard. There shall be a side yard on each side of the principal buildings of not less than ten feet for buildings of not more than 2½ stories or 15 feet for any side yard adjacent to property located in the R-1, R-2, R-3 or R-4 residential dwelling district. Buildings of more than 2½ stories shall increase the required side yard by five feet for each additional story.

(3)

Rear yard. There shall be a rear yard of not less than 20 feet or 25 feet for any rear yard adjacent to property located in the R-1, R-2, R-3 or R-4 residential dwelling district; provided, however, that a one story accessory building may be located therein, except for the ten feet adjacent and parallel to the rear lot line or alley line, for the storage of motor vehicles and the unloading and loading of vehicles as provided in chapter 7 of this title.

(4)

Platted building setbacks. Under some circumstances, a building to be constructed or enlarged will be located on a lot created by a recorded plat which contains or is subject to building setback or yard requirements which exceed the preceding front, side or rear yard requirements. Under such circumstances, the greater requirement shall apply.

(5)

Lot coverage. Not more than 40 percent of the area of a lot in the B-2 district may be covered by buildings or structures.

(e)

Parking and loading. Parking and loading areas in the B-2 district shall be provided and maintained in accordance with chapter 7 of this title.

(Code 1994, § 5-9-3; Ord. No. 2081, 8-27-1985; Ord. No. 2348, 2-27-1990; Ord. No. 2607, 9-15-1992; Ord. No. 2669, §§ 12, 13, 10-5-1993; Ord. No. 2697, § 5, 1-18-1994; Ord. No. 2949, § 5, 6-10-1997; Ord. No. 2994, § 10, 6-17-1997; Ord. No. 3084, § 2, 7-21-1998; Ord. No. 3106, § 3, 12-1-1998; Ord. No. 3125, § 3, 3-2-1999; Ord. No. 3153, § 1, 6-8-1999; Ord. No. 3495, § 2, 4-6-2004; Ord. No. 3829, § 4, 9-2-2008; Ord. No. 3838, § 2, 10-7-2008; Ord. No. 3962, §§ 2, 3, 3-29-2011; Ord. No. 4105, § 3, 4-30-2013; Ord. No. 4693, § 1, 12-20-2022; Ord. No. 4668, § 1, 8-16-2022; Ord. No. 4807, §§ 2, 3, 6, 8-6-2024)

Sec. 5-10-4. - B-3 Business Service District.

The purpose of the B-3 Business Service District is to provide for certain commercial, wholesale and light industrial uses that are transportation oriented.

(1)

Permitted uses. The following shall be permitted uses in the B-3 Business Service District:

a.

Recreational:

1.

Bowling alley;

2.

Roller or ice skating rink;

3.

Club, lodge or fraternal organization meeting hall and recreational facility;

4.

Golf driving range;

5.

Miniature golf course;

6.

Casinos holding a casino gaming license as approved and issued by the state gaming board.

b.

Automotive:

1.

Automobile supply and accessory store, with no repair service;

2.

Automobile, truck or trailer rental establishment;

3.

Tire recapping and repairing;

4.

Automobile washing;

5.

Motorcycle, minibike sales.

c.

Service:

1.

Auction house;

2.

Bus station;

3.

Service, cleaning or repair shop for personal, household or garden equipment;

4.

Carpenter, electrical, plumbing, heating and ventilating shop;

5.

Furniture upholstering shop;

6.

Publishing, engraving or printing shop;

7.

Animal hospital, veterinary clinic (without outdoor kennels);

8.

Blueprinting establishment;

9.

Greenhouse, landscaping or garden center;

10.

Pet grooming establishment;

11.

Laundry or dry cleaning plant;

12.

Funeral parlor;

13.

Hotel or motel;

14.

Drive-in food establishment servicing patrons by a walk-up window or drive-up window;

15.

Building material and supplies (completely within closed building);

16.

Hospital.

d.

Light industrial:

1.

Assembly of prefabricated items within a completely enclosed building;

2.

Wholesale establishment or warehouse within a completely enclosed building.

e.

Miscellaneous:

1.

Accessory building necessary for the business for which it serves;

2.

Any use allowed as a permitted use in B-2;

3.

Health and fitness center;

4.

Used furniture shop.

f.

Emergency shelters located at least 660 feet from any existing community residence as measured from lot line to lot line as measured from lot line to lot line.

g.

Halfway houses located at least 660 feet from any existing community residence as measured from lot line to lot line as measured from lot line to lot line.

h.

Hospices located at least 660 feet from any existing community residence as measured from lot line to lot line as measured from lot line to lot line.

i.

Wineries, provided that the zoning lot upon which a winery will be located is not contiguous to any parcel zoned or primarily used for residential purposes.

(2)

Special uses. The following uses may be allowed by special use permit in the B-3 district in accordance with section 5-12-10:

a.

Recreational:

1.

Drive-in theater;

2.

Outdoor roller or ice skating rink;

3.

Go-cart or dune buggy or similar racing track.

b.

Automotive:

1.

Gasoline filling station/oil change establishment;

2.

Auto body repair and painting;

3.

Auto, truck or motorcycle mechanical repair;

4.

New or used car sales and service;

5.

Truck stop but only under the following conditions:

(i)

Truck stops shall be located within 1,000 feet of an interchange with an interstate highway or immediately adjacent to any federal or state highway; and

(ii)

No truck stop shall be located within 1,000 feet of any property zoned for residential purposes by this title or the county zoning code.

c.

Miscellaneous:

1.

Outdoor storage lot;

2.

Outdoor sales lot where the majority of the items sold or displayed are outside;

3.

Building and miscellaneous material establishment not entirely contained within a completely enclosed building;

4.

Mobile home or recreational vehicle sales or storage lot;

5.

Parking lots;

6.

Public utility;

7.

Planned unit development in accordance with chapter 13 of this title;

8.

On-premises freestanding signs which are at least 49 feet but do not exceed 85 feet in height, but only under the following conditions:

(i)

Except for the height, the signs otherwise comply with the provisions of section 5-16-6;

(ii)

The signs are located on property that is within 500 feet of an interstate highway interchange, or between the edge of the Illinois River and a federal highway right-of-way; and

(iii)

A height in excess of 49 feet is reasonably necessary to provide visibility to travelers on Interstate 74;

9.

Off-premises signs as defined in title 5, chapter 16;

10.

Towers complying with the provisions of title 4;

11.

Residential facilities having more than 25 dwelling units;

12.

Kiosks either staffed or automated, but only under the following conditions:

(i)

No kiosk may be placed without a building permit. No building permit may be issued unless the owner first submits plans and specifications for the kiosk containing such details as the director deems necessary to confirm compliance with all applicable codes, including, without limitation, parking and landscaping requirements for the zoning lot upon which the kiosk is located. All kiosks must have sufficient parking to accommodate staff and patrons;

(ii)

If the owner of the kiosk is not the owner of the property upon which the kiosk will be placed, the owner of the kiosk must have a written contract with the owner of the property on which the kiosk is placed which contract allows placement of the kiosk on the property and establishes the terms and conditions under which the kiosk may remain at the location identified in the contract;

(iii)

No outdoor seating shall be located in the vicinity of a kiosk for the purpose of serving customers of the kiosk;

(iv)

In the event that an authorized kiosk remains in place only on a seasonal basis, the owner of the kiosk shall each year obtain an electrical permit before reconnecting the electrical service to the kiosk;

(v)

The occupants of a staffed kiosk must at all times have the right under authority of a written contract to utilize restroom facilities in a building used for commercial purposes which restroom facilities are installed and maintained in accordance with plumbing regulations found at title 4, chapter 5;

(vi)

Kiosks may be located only on a zoning lot already occupied by a principal building actively used for a purpose allowed in the zoning district in which the principal building is located;

(vii)

No kiosk may be located within ten feet of any property line;

(viii)

No separate freestanding sign advertising only the business operating within a kiosk may be placed on the zoning lot occupied by the kiosk;

(ix)

Any kiosk which serves food or drink prepared within the kiosk or other items ingested by customers such as ice shall be connected to both the water and wastewater systems of the city;

13.

Convention and exposition center, which shall include the following accessory uses on the grounds of the property if the property taken as a whole exceeds 50 acres: outdoor theater and concerts, amphitheater, outdoor activities, exhibition tents, sales area, and portable toilet facilities for events; and campground for exhibitors (which may include recreational vehicle hookups, campfires, tents and portable toilet facilities). In conjunction with events, the following shall be permitted:

(i)

Temporary overflow parking shall be permitted on grassy areas, provided that the areas contain sufficient grass to promote dust and erosion control and crushed rock pathways to guide traffic to overflow parking shall be permitted;

(ii)

Campfires shall be permitted in conjunction with camping and select events but only in accordance with International Fire Code rules and regulations or such other fire code as adopted by the city from time to time and safety measures that may be directed by the city fire chief;

(iii)

Camping by attendees who are not exhibitors shall not be permitted unless a special permit is issued by the city for a specific event pursuant to such regulations and conditions as the city may adopt;

14.

Craft distilleries;

15.

Electric fences constructed in accordance with title 4, chapter 18;

16.

Any use allowed as a special use in a B-2 zoning district;

17.

Medical cannabis dispensing organization but only under the following conditions:

(i)

No such dispensing organization shall be located within 1,000 feet of a pre-existing public or private preschool, elementary or secondary school, day care center, licensed day care home, or licensed residential care home as measured from building to building. Learning centers and vocational or trade centers shall not be classified as a public or private school for the purposes of this section;

(ii)

No dispensing organization shall be located in a house, apartment, condominium or physician's office;

(iii)

No person shall reside in or permit any person to reside in a dispensing organization;

(iv)

No person under the age of 18 years shall be allowed to enter a dispensing organization unless accompanied by a parent or guardian;

(v)

Drive-through services shall be prohibited;

(vi)

Outdoor seating areas shall be prohibited;

(vii)

Consumption of medical cannabis on the premises, including the parking area shall be prohibited;

(viii)

Hours of operation shall not be earlier than 8:00 a.m. and not later than 7:00 p.m.;

(ix)

Any such dispensing organization shall be operated in compliance with applicable federal, state and local laws and regulations;

18.

Massage establishments but only under the following conditions:

(i)

No such massage establishment shall be located within 1,000 feet of another massage establishment; and

(ii)

No such massage establishment shall be located in a building or structure which contains a business that sells or dispenses alcoholic beverages in any manner.

d.

Elimination of restrictions on expansion, enlargement or reconstruction of legal nonconforming uses as defined in chapter 5 of this title.

e.

Emergency shelters located within 660 feet of any existing community residence as measured from lot line to lot line.

f.

Halfway houses located within 660 feet of any existing community residence as measured from lot line to lot line.

g.

Hospices located within 660 feet of any existing community residence as measured from lot line to lot line.

h.

Wineries on zoning lots which are contiguous to any parcel zoned or primarily used for residential purposes.

(3)

Building height. There shall be no maximum building height applicable in a B-3 zoning district.

(4)

Yard areas. No building in the B-3 district shall be constructed or enlarged unless the following yards are provided and maintained in connection with such building:

a.

Front yard. There shall be a front yard having a depth of not less than 50 feet. Every corner lot on which a building is constructed shall have a front yard along each adjoining street. The front yard setback for a canopy installed at a gasoline filling station for the purpose of providing shelter to patrons who are utilizing gasoline pumps shall not be less than 25 feet. A public or private parking area for automobiles may be located in a front yard but only if all of the following conditions are met:

1.

No part of any public or private parking area may be located within ten feet of any public right-of-way or within ten feet of any residential district; and

2.

All property lying between any such public or private parking area and any adjacent public right-of-way or a residential district shall be maintained as open space and shall be planted with landscaping materials in accordance with a site plan approved in the manner provided by chapter 4 of this title.

b.

Side yard. There shall be a side yard on each side of a principal building of not less than ten feet or not less than 15 feet for any side yard adjacent to property located in the R-1, R-2, R-3 and R-4 residential dwelling districts.

c.

Rear yard. Every lot upon which a building is constructed shall have a rear yard of not less than 20 feet or 25 feet for any rear yard adjacent to property located in the R-1, R-2, R-3 or R-4 residential dwelling district.

d.

Platted building setbacks. Under some circumstances, a building to be constructed or enlarged in the B-3 district will be located on a lot created by a recorded plat which contains or is subject to building setback or yard requirements which exceed the preceding front, side or rear yard requirements. Under such circumstances the greater requirement shall apply.

e.

Lot coverage. Not more than 60 percent of the area of a lot in the B-3 district may be covered by buildings or structures.

(5)

Parking and loading. Parking areas and loading areas in the B-3 district shall be provided and maintained in accordance with chapter 7 of this title.

(6)

Conditional uses. The following conditional uses may be permitted in the B-3 district in specific situations in accordance with the procedures outlined in chapter 8 of this title, as appropriate:

a.

Adult-use cannabis dispensing organization;

b.

Adult-use cannabis infuser organization;

c.

Adult-use cannabis processing organization;

d.

Adult-use cannabis transporting organization.

(Code 1994, § 5-9-4; Ord. No. 2081, 8-27-1985; Ord. No. 2348, 2-27-1990; Ord. No. 2607, 9-15-1992; Ord. No. 2669, §§ 14, 15, 10-5-1993; Ord. No. 2697, § 6, 1-8-1994; Ord. No. 2949, § 6, 6-10-1997; Ord. No. 2994, § 11, 6-17-1997; Ord. No. 3084, § 3, 7-21-1998; Ord. No. 3125, § 4, 3-2-1999; Ord. No. 3153, § 2, 6-8-1999; Ord. No. 3250, § 1, 8-29-2000; Ord. No. 3521, §§ 1, 2, 4-27-2004; Ord. No. 3537, § 3, 6-29-2004; Ord. No. 4073, § 2, 12-4-2012; Ord. No. 4088, § 2, 2-5-2013; Ord. No. 4105, § 4, 4-30-2013; Ord. No. 4137, § 2, 1-7-2014; Ord. No. 4210, § 2, 2-17-2015; Ord. No. 4231, § 1, 5-19-2015; Ord. No. 4271, § 2, 5-3-2016; Ord. No. 4387, §§ 3, 4, 6-19-2018; Ord. No. 4433, § 1, 5-7-2019; Ord. No. 4454, § 4, 9-17-2019; Ord. No. 4465, § 1, 11-19-2019; Ord. No. 4694, § 1, 12-20-2022; Ord. No. 4796, § 2, 5-7-2024)