- OFFICE AND COMMERCIAL DISTRICTS
(a)
Exterior facing materials. The exterior of all buildings hereafter erected shall be constructed of aesthetically pleasing brick and/or stone building materials. Other durable, decorative building materials may be approved by the planning commission in instances where the character and style of the proposed structure warrants special consideration. The architecture and approved exterior finish of any building shall be complementary and compatible in style and be of uniform finish on all sides of its exterior when the site is adjacent to any noncommercial or non-industrial district. Within the office and commercial districts, the architecture and approved exterior finish shall be returned on the building side(s) a sufficient distance, as determined by the planning commission, to provide a continuous appearance from the street.
(b)
Rear yard access and parking. Required yards may be used for off-street parking, as regulated in section 32-93, provided adequate access to the rear of the building for fire fighting and emergency equipment is available. Where rear yard parking is permitted, its quantity, size and layout shall be designed mainly to encourage "employee parking," except when the building arrangement is such that reverse frontage is desirable as determined by the planning commission.
(c)
Landscaping. Portions of the site not used for parking, driveways and buildings shall be provided with landscaping and lawn (see section 32-84), approved by the planning commission, and so maintained in attractive condition.
(d)
Roof-mounted fixture screening. Roof-mounted appliances, including, but not limited to, air conditioners, heating apparatus, dust collectors, filters, transformers, and any other such appliance or apparatus, shall be enclosed on all sides by view-obscuring screening so as not to be visible from off the site. The design of the screening shall be approved by the planning commission as compatible with the architectural design of the building upon which it is located. Where such equipment is located on the ground, it shall be shown on the site plan and screened in accordance with this subsection.
(e)
Front building line. Once a building line has been established by the construction of a principal building upon an approved site, no other principal building or use shall be located between the established building line and the front lot line (or side lot line abutting a side street) without first obtaining approval of the planning commission. The planning commission shall review the building and/or use proposed to be located in front of the established building to determine whether the building or use is of such location, size and character to be in harmony with the appropriate and orderly development of the balance of the site, is not detrimental to the development of adjacent uses, does not create any vehicular or pedestrian hazards, and is aesthetically compatible with the buildings and uses located (or to be located) upon the site. Landscaping plans, site plans (including the location of signs and dumpsters), and elevations of all sides of any building to be constructed shall be submitted to enable the planning commission to determine whether the proposed additional front building and/or use conforms with the requirements of this section. All dumpsters shall be visibly screened from any area visible to the public by use of a wall of the same material as the building walls to ensure aesthetic compatibility and construction of poured concrete. In reviewing this request, the planning commission shall apply the standards contained herein and in Article XII (special land use approval), and may impose reasonable conditions as authorized by section 32-153 to ensure that the standards are satisfied.
(f)
Lighting limitations. Lighting of parking areas shall be as approved by the planning commission in accordance with section 32-86, and as specified for each district, and shall not include floodlighting, building-mounted or otherwise (except for small parking lots).
(g)
Signs. Signs shall be governed by section 32-85 of this chapter, unless otherwise approved as part of the project development plan for a planned unit development (PUD).
(h)
Screening. Screening between the development and abutting properties shall be provided as specified in section 32-82, in addition to the requirements specified in Article VII, site plan review requirements and procedures.
(i)
Off-street loading. Loading shall be provided only in rear yards. Side yard loading may be permitted by the planning commission when such space and loading facilities would not interfere with parking and circulation, either vehicular or pedestrian, and would not be detrimental to any nearby residential district or use. No part of any loading or unloading area may be located closer than forty-five (45) feet to any rear property line adjacent to a residential district.
(j)
Lot coverage. Maximum lot coverage shall be governed by meeting all requirements for yard space, landscaping, screening, off-street parking and loading.
(Ord. No. 279, § 10.00, 12-12-96)
The O-S office service district is designed to provide a suitable environment for various types of office uses providing professional, administrative and related service occupations. This district is also intended to provide a transition or buffer between more intense uses and/or major thoroughfares and abutting one-family residential neighborhoods.
(1)
Permitted uses.
a.
Office building for any of the following occupancies: professionals, including doctors of medicine, attorneys, engineers and the like; and clerical, drafting, executive, accounting, administrative, stenographic, insurance, real estate sales, and similar occupations requiring no outside storage of vehicles or equipment on the premises.
b.
Retail businesses normally associated with and complementary to office districts, i.e. stationary shops, office supplies and office machine repair.
c.
Banks, credit unions and similar uses, as determined by the planning commission.
d.
Accessory uses customary and incidental to a principal use shall be permitted, provided such accessory uses are within the building. Accessory buildings shall not be permitted. The accessory use within the building shall not have an outside entrance for customers (users) separate from the entrances that serve the principal use.
e.
Permitted uses as regulated under this chapter in the immediate abutting RL or RM residential district.
f.
Temporary buildings pursuant to the establishment of a permanent building and permitted use. All such temporary buildings shall be immediately removed upon expiration of the time limit established as a condition of their construction.
The outside storage of vehicles, materials or equipment on the premises is prohibited and no uses with a drive-thru shall be permitted in this district, except as provided below.
(2)
Special approval land uses. The following uses, and others similar to those cited in this section, may be permitted by the planning commission, subject to the standards of section 32-131 and the general and specific standards for each cited in Article XII:
a.
Day-care centers and nursery schools (section 32-167).
b.
Drive-thru facilities ancillary to the permitted uses listed above (section 32-168).
c.
Funeral homes and mortuaries (section 32-171).
d.
Planned unit development (section 32-183).
e.
Private clubs, fraternal organizations, lodge halls, cultural centers and union halls (section 32-184).
f.
Private noncommercial recreation areas, nonprofit swimming pool clubs, institutional or community recreation centers (section 32-185).
g.
Public utility offices, but not including outside storage, poles or towers.
h.
Twenty-four-hour operations (section 32-190).
(3)
Site area and placement requirements.
a.
The minimum size of each lot per building:
1.
Area: 12,000 square feet.
2.
Width: 80 feet.
b.
Minimum yard setback per lot:
1.
Front and street-side setbacks shall be measured from the centerline of each road right-of-way (R.O.W.) in accordance with the city's master plan, as follows:
Distance from centerline (in feet):
* In the case of private roads, the front yard setback shall be measured from the road easement or common usage line abutting the subject lot.
Parking shall not be permitted in the required front or street side setback.
2.
Side: No side yards are required along the interior side lot lines, except as otherwise specified in the building code; where the wall of a structure faces interior side lot lines and contains windows or other openings, a side yard of not less than twenty (20) feet shall be provided. No building shall be located closer than thirty-five (35) feet to the outer perimeter (property line) of such district when the property line abuts any residential district. A suitable twenty (20) foot wide access drive shall be provided to the rear yard.
3.
Rear: Twenty (20) feet. No building shall be located closer than thirty-five (35) feet to the outer perimeter property line of such district when the property line abuts any residential zoning district.
(4)
Building requirements.
a.
Maximum height (stories/feet): 1/18
b.
Maximum lot coverage (percent): 30
(5)
Additional site requirements. (Also see section 32-131.)
a.
All business, servicing, processing or storage of commodities, except for off-street parking or loading, shall be conducted within completely enclosed buildings. No business of a primarily drive-in nature shall be permitted.
b.
For accessory uses incidental to the permitted use, no interior display shall be visible from the exterior of the building, and the total area devoted to display, including both the objects displayed and the floor space set aside for persons observing the displayed objects, shall not exceed twenty-five (25) percent of the gross floor area.
c.
The outdoor storage of goods or materials shall be prohibited irrespective of whether or not they are for sale.
d.
Warehousing or indoor storage of goods or materials, beyond that normally incidental to the above permitted uses and special approval land uses, shall be prohibited.
(6)
Environmental and off-street parking. Environmental (landscaping, lighting, screening and signs) and off-street parking improvements shall be provided in accordance with Articles V and VI of this chapter.
(Ord. No. 279, § 10.10, 12-12-96)
The CN commercial neighborhood district is designated to meet the day-to-day convenience shopping and service needs of persons residing in adjacent residential areas. Protection of nearby residential districts is considered of importance; thus, businesses which tend to be a nuisance to immediately surrounding residential areas are excluded, even though the goods sold or services offered might fall within the convenience classification.
It is further the intent of this district to provide these goods and services in a physical setting that is compatible with surrounding residential neighborhoods and which are of a neighborhood size and character. Whenever possible, commercial neighborhood districts should be developed with consolidated site features to provide for a continuity of appearance and function and to minimize any negative impacts on nearby residential neighborhoods or the city's thoroughfare system.
(1)
Permitted uses. The following uses shall be permitted, provided that all business, servicing, or processing (except for off-street parking or loading) shall be conducted within a completely enclosed building; that all businesses shall be of a retail or service nature dealing directly with consumers; and that all goods produced on the premises shall be sold at retail on the same premises. Where it is determined by the planning commission that effects of a listed use may tend to extend beyond the site, then special land use approval shall be required.
a.
Any one or more of the permitted uses in section 32-132 of the O-S district, except as otherwise provided herein.
b.
Generally recognized retail businesses which supply commodities on the premises, such as, but not limited to: groceries (except supermarkets and freezer food plans), hardwares, varieties, meat and fish (except freezer and locker meat provisions), fruit and vegetable, candy, nut and confectionery stores (except popcorn stands), retail bakeries (except pretzel stands), pharmacies and proprietary stores, liquor, sporting goods and bicycles, bookstores (excluding adult bookstores), stationery, jewelry, hobby, toy and games, camera and photographic supplies, gift, novelty and souvenir, florist, tobacco, luggage and leather goods, sewing, needlework and piece goods.
c.
Personal service establishments which perform services on the premises, such as, but not limited to: repair shops (watches, radio, television, shoe, etc.), tailor shops, beauty parlors or barber shops, photographic studios, self-service laundries and dry-cleaners (dry cleaning pick-up services only), video tape rentals, toning and tanning salons, diet workshops.
d.
Post office and similar governmental office buildings primarily serving persons living in the city.
e.
Accessory structures and uses customarily incidental to the above permitted uses.
Outdoor storage and display of merchandise is prohibited. Minor day-to-day, in-and-out display may be permitted by the building official when kept behind established building setback line.
(2)
Special approval land uses. The following uses, and others similar to those cited in this section, may be permitted by the planning commission, subject to the standards of section 32-131 and the general and specific standards for each cited in Article XII.
a.
Auto wash (section 32-156).
b.
Carry-out restaurants (section 32-161).
c.
Day-care centers and nursery schools (section 32-167).
d.
Dry cleaning and laundry establishments (section 32-169).
e.
Funeral homes and mortuaries (section 32-171).
f.
One-family residences located on the west side of Utica Road contained in Assessor's Plat No. 2, Lots 42 thru 46; Steffen's Addition Subdivision, Lots 1 thru 3 and 17 thru 22; and Fraser School Subdivision, Lots 1 thru 15.
g.
Planned unit development (section 32-183).
h.
Public utility buildings without outdoor storage (section 32-187).
i.
Twenty-four-hour operations (section 32-190).
(3)
Site area and placement requirements.
a.
The minimum size of each lot per building:
1.
Area: 7,200 square feet.
2.
Width: 60 feet.
b.
Minimum yard setback per lot:
1.
Front and street-side building and parking setbacks shall be measured from the centerline of each road right-of-way (R.O.W.) in accordance with the city's master plan, as follows:
Distance from centerline (in feet):
* In the case of private roads, the front yard setback shall be measured from the road easement or common usage line abutting the subject lot.
2.
Side: No side yards are required along the interior side lot lines, except as otherwise specified in the building code, provided that no side yard of less than five (5) feet in width shall be left between the lot line and the building. However, if walls of structures facing such interior side lot lines contain windows or other openings, side yards of not less than twenty (20) feet shall be provided. Where a lot line abuts a side street, that street yard setback shall be the same as the front yard required for the use fronting on the street adjacent to said property. No building shall be closer than fifty (50) feet to the outer perimeter (property line) of such district when such property line abuts any residential district.
3.
Rear: Twenty (20) feet. No building shall be located closer than thirty (30) feet to the outer perimeter (property line) of such district when such property line abuts any residential district.
(4)
Building requirements.
a.
Maximum height (stories/feet): 2/25
b.
Maximum lot coverage (percent): 30
(5)
Additional site requirements. See section 32-131.
(6)
Environmental and off-street parking. Environmental and off-street parking improvements shall be provided in accordance with Articles V and VI of this chapter.
(Ord. No. 279, § 10.20, 12-12-96)
This district is intended to provide a combination of convenience and comparison retail goods and services serving the needs of a broader market area than the CN district. The community business district is generally characterized by an integrated or planned grouping of establishments served by common parking areas and oriented to pedestrian and vehicular traffic.
(1)
Permitted uses. The following uses shall be permitted, provided that all business, servicing, or processing (except for off-street parking or loading) shall be conducted within a completely enclosed building; that all businesses shall be of a retail and service nature dealing directly with consumers; and that all goods produced on the premises shall be sold at retail on the same premises. Where it is determined by the planning commission that effects of a listed use may tend to extend beyond the site, then special land use approval shall be required.
a.
Any one or more of the permitted uses in section 32-133 of the CN district, except as otherwise provided herein. Permitted uses in the O-S district shall also be permitted, as regulated in section 32-132.
b.
All retail business, service or processing, such as: paint, glass and wallpaper stores, lawn and garden supply stores (except sod and topsoil), department stores, general merchandise, supermarkets and groceries, pet shops (retail), apparel and accessories, home furniture and furnishings and equipment, eating and drinking places (excluding fast-food restaurants).
c.
Personal services, including: photographic studios, barber and beauty shops, clothing rental (except linen supply), costume rental, tanning salons, tuxedo rentals.
d.
Theaters, assembly halls, concert halls or similar places of assembly, when conducted completely within enclosed buildings.
e.
Museums and art galleries.
f.
Membership organizations.
g.
Accessory structures and uses customarily incidental to the above permitted uses. Also, coin-operated service machine operations (scales, shoe-shine, lockers and blood pressure) shall be considered accessory uses.
h.
Temporary buildings pursuant to the establishment of a permanent building and permitted use. All such temporary buildings shall be immediately removed upon expiration of the time limit established as a condition of their construction.
i.
Prohibited uses include businesses dealing in pornography; businesses of a primarily drive-thru or drive-in nature; and outdoor businesses or uses.
Outdoor display of merchandise and storage is prohibited, except as may be permitted by the planning commission as part of an approved special approval land use or as a temporary use permitted in section 32-250.
(2)
Special approval land uses. The following uses and others similar to those cited in this article may be permitted by the planning commission, subject to the standards of section 32-131 and the general and specific standards for each cited in Article XII.
a.
Amusement device centers (section 32-155).
b.
CG district permitted uses developed in harmony with the city's CBD plan. No more than twenty (20) percent of all uses may be from the CG category. (The percentage shall be measured of gross floor area of the district area.)
c.
Carry-out restaurants, when designed as an incidental part of a restaurant business (section 32-161).
d.
Gasoline self-service stations (only on sites where a gasoline service station has existed as a lawful nonconforming use) (section 32-173).
e.
Outdoor retail sales of plant material not grown on the site, lawn furniture, playground equipment and garden supplies, when the outdoor sales operation is clearly secondary to retail sales taking place within a building.
f.
Planned unit development (section 32-183).
g.
Public utility buildings without storage (section 32-187).
(3)
Site area and placement requirements.
a.
The minimum size of each lot per building:
1.
At least equal to the first floor area of the building, plus the space required for pedestrian circulation, parking, rights-of-way, access and easements.
b.
Minimum yard setback per lot:
1.
Front and street-side building and parking setbacks shall be measured from the centerline of each road right-of-way (R.O.W.) in accordance with the city's master plan, as follows:
Distance from centerline (in feet):
2.
Side: None, except as provided in the building code, and that adequate access to the rear of the building shall be irrevocably provided.
3.
Rear: Sufficient to provide for parking and loading and unloading.
(4)
Building requirements.
a.
Maximum height (stories/feet): 2/30
b.
Maximum lot coverage is equal to the remainder of the site after all right-of-way, parking and yard space requirements are deducted from the gross site area.
(5)
Environmental and off-street parking. Environmental (landscaping, lighting, screening and signs) and off-street parking improvements shall be provided in accordance with Articles V and VI of this chapter.
(Ord. No. 279, § 10.30, 12-12-96)
The CG general business district is designed to provide for a wide diversity of business activities which are predominantly, but not necessarily, totally retail in character. In addition to retail uses, a number of other activities, usually requiring considerable land area and access to major or secondary thoroughfares, are permitted. Uses in this district normally must have good automobile accessibility, but should not cause congestion on adjacent thoroughfares.
(1)
Permitted uses. The following uses shall be permitted, provided that all business, servicing, or processing (except for off-street parking or loading) shall be conducted within a completely enclosed building; that all businesses shall be of a retail and service nature dealing directly with consumers; and that all goods produced on the premises shall be sold at retail on the same premises. Where it is determined by the planning commission that effects of a listed use may tend to extend beyond the site, then special land use approval shall be required.
a.
Any one or more of the permitted uses in section 32-134 of the CBD district, except as otherwise provided herein.
b.
Accessory uses, including five (5) or fewer amusement devices shall be considered an accessory use only to eating and drinking places, billiard and pool establishments, bowling alleys, membership clubs.
c.
Auto laundries (car wash) when completely enclosed in a building.
d.
Building materials, hardware and garden supplies (except mobile home dealers).
e.
Dance studios, schools and halls.
f.
Eating and drinking places, excluding fast-food restaurants.
g.
General merchandise stores.
h.
Hotels and motels (except bed and breakfast, casino hotels, tourist cabins and recreational vehicle campgrounds).
i.
Personal service establishments including only the following uses:
1.
Garment pressing and outlets for laundries and dry cleaners.
2.
Other laundry and garment services.
3.
Miscellaneous personal services.
j.
Physical fitness facilities.
k.
Rental of tools and household goods.
l.
Temporary buildings pursuant to the establishment of a permanent building and permitted use. All such temporary buildings shall be immediately removed upon expiration of their time limit established as a condition of their construction.
m.
Theatrical producers (except motion picture), bands, orchestras and entertainers.
n.
Veterinary offices and clinics, pet shops, dog grooming and kennels, provided all activities for any and all of the above uses are conducted within a totally enclosed main building, with no outside facilities.
o.
Accessory buildings and uses customarily incidental to any of the above permitted uses.
Outdoor display of merchandise, saleable within not more than one week, shall be permitted when it is kept back at least one hundred (100) feet from the centerline of all roads. Outdoor storage shall be limited to the side or rear yard and totally enclosed with view-obscuring screening, as specified by the planning commission based on section 32-52, when adjacent to any residential district or within public view.
(2)
Special approval land uses. The following uses, and others similar to those cited in this article, may be permitted by the planning commission, subject to the standards of section 32-131 and the general and specific standards for each cited in Article XII.
a.
Amusement and recreation services (section 32-154).
b.
Amusement device centers (section 32-155).
c.
Automobile repair and service centers (section 32-158).
d.
Businesses of a drive-in nature, but not including outdoor theaters (section 32-160).
e.
Fast-food restaurants (section 32-170).
f.
Gasoline service stations (section 32-172).
g.
Open air business uses, including the retail sales of plant materials not grown on the site and sale of lawn furniture, playground equipment, garden or building supplies.
h.
Outdoor sales lots for the sale of new or secondhand automobiles, new or secondhand recreational vehicles, boats, or mobile homes (section 32-181).
i.
Planned unit development (section 32-183).
j.
Public utility buildings (section 32-187).
k.
Twenty-four-hour operations (section 32-190).
(3)
Site area and placement requirements.
a.
The minimum size of each lot per building:
1.
Area: 12,000 square feet.
2.
Width: 80 feet.
b.
Minimum yard setback per lot.
1.
Front and street-side building and parking setbacks shall be measured from the centerline of each road right-of-way (R.O.W.) in accordance with the city's master plan, as follows:
Distance from centerline (in feet):
* In the case of private roads, the front yard setback shall be measured from the road easement or common usage line abutting the subject lot.
The planning commission may modify the setback upon-site plan review where it is found that the change in setback serves to promote more uniform access, interconnection of adjacent parking facilities or the aesthetic quality of the block front.
2.
Side Yard: No side yard is required along an interior side lot line, except as otherwise specified in the building code. If the exterior side yard borders a residential district, there shall be provided a side yard setback of not less than twenty (20) feet. The openings (windows and doors) side or other side of the lot shall have a side yard of not less than twenty (20) feet. Corner lots' side yards must equal the setback required for the front yards on the street to which they side or twenty (20) feet, whichever is greater.
(4)
Building requirements.
a.
Maximum height (stories/feet): 2/30.
b.
Maximum lot coverage is equal to the remainder of the site after all right-of-way, parking and yard space requirements are deducted from the gross site area.
(5)
Additional site requirements. See section 32-131.
(6)
Environmental and off-street parking. Environmental (landscaping, lighting, screening and signs) and off-street parking improvements shall be provided in accordance with articles V and VI of this chapter.
(Ord. No. 279, § 10.40, 12-12-96)
- OFFICE AND COMMERCIAL DISTRICTS
(a)
Exterior facing materials. The exterior of all buildings hereafter erected shall be constructed of aesthetically pleasing brick and/or stone building materials. Other durable, decorative building materials may be approved by the planning commission in instances where the character and style of the proposed structure warrants special consideration. The architecture and approved exterior finish of any building shall be complementary and compatible in style and be of uniform finish on all sides of its exterior when the site is adjacent to any noncommercial or non-industrial district. Within the office and commercial districts, the architecture and approved exterior finish shall be returned on the building side(s) a sufficient distance, as determined by the planning commission, to provide a continuous appearance from the street.
(b)
Rear yard access and parking. Required yards may be used for off-street parking, as regulated in section 32-93, provided adequate access to the rear of the building for fire fighting and emergency equipment is available. Where rear yard parking is permitted, its quantity, size and layout shall be designed mainly to encourage "employee parking," except when the building arrangement is such that reverse frontage is desirable as determined by the planning commission.
(c)
Landscaping. Portions of the site not used for parking, driveways and buildings shall be provided with landscaping and lawn (see section 32-84), approved by the planning commission, and so maintained in attractive condition.
(d)
Roof-mounted fixture screening. Roof-mounted appliances, including, but not limited to, air conditioners, heating apparatus, dust collectors, filters, transformers, and any other such appliance or apparatus, shall be enclosed on all sides by view-obscuring screening so as not to be visible from off the site. The design of the screening shall be approved by the planning commission as compatible with the architectural design of the building upon which it is located. Where such equipment is located on the ground, it shall be shown on the site plan and screened in accordance with this subsection.
(e)
Front building line. Once a building line has been established by the construction of a principal building upon an approved site, no other principal building or use shall be located between the established building line and the front lot line (or side lot line abutting a side street) without first obtaining approval of the planning commission. The planning commission shall review the building and/or use proposed to be located in front of the established building to determine whether the building or use is of such location, size and character to be in harmony with the appropriate and orderly development of the balance of the site, is not detrimental to the development of adjacent uses, does not create any vehicular or pedestrian hazards, and is aesthetically compatible with the buildings and uses located (or to be located) upon the site. Landscaping plans, site plans (including the location of signs and dumpsters), and elevations of all sides of any building to be constructed shall be submitted to enable the planning commission to determine whether the proposed additional front building and/or use conforms with the requirements of this section. All dumpsters shall be visibly screened from any area visible to the public by use of a wall of the same material as the building walls to ensure aesthetic compatibility and construction of poured concrete. In reviewing this request, the planning commission shall apply the standards contained herein and in Article XII (special land use approval), and may impose reasonable conditions as authorized by section 32-153 to ensure that the standards are satisfied.
(f)
Lighting limitations. Lighting of parking areas shall be as approved by the planning commission in accordance with section 32-86, and as specified for each district, and shall not include floodlighting, building-mounted or otherwise (except for small parking lots).
(g)
Signs. Signs shall be governed by section 32-85 of this chapter, unless otherwise approved as part of the project development plan for a planned unit development (PUD).
(h)
Screening. Screening between the development and abutting properties shall be provided as specified in section 32-82, in addition to the requirements specified in Article VII, site plan review requirements and procedures.
(i)
Off-street loading. Loading shall be provided only in rear yards. Side yard loading may be permitted by the planning commission when such space and loading facilities would not interfere with parking and circulation, either vehicular or pedestrian, and would not be detrimental to any nearby residential district or use. No part of any loading or unloading area may be located closer than forty-five (45) feet to any rear property line adjacent to a residential district.
(j)
Lot coverage. Maximum lot coverage shall be governed by meeting all requirements for yard space, landscaping, screening, off-street parking and loading.
(Ord. No. 279, § 10.00, 12-12-96)
The O-S office service district is designed to provide a suitable environment for various types of office uses providing professional, administrative and related service occupations. This district is also intended to provide a transition or buffer between more intense uses and/or major thoroughfares and abutting one-family residential neighborhoods.
(1)
Permitted uses.
a.
Office building for any of the following occupancies: professionals, including doctors of medicine, attorneys, engineers and the like; and clerical, drafting, executive, accounting, administrative, stenographic, insurance, real estate sales, and similar occupations requiring no outside storage of vehicles or equipment on the premises.
b.
Retail businesses normally associated with and complementary to office districts, i.e. stationary shops, office supplies and office machine repair.
c.
Banks, credit unions and similar uses, as determined by the planning commission.
d.
Accessory uses customary and incidental to a principal use shall be permitted, provided such accessory uses are within the building. Accessory buildings shall not be permitted. The accessory use within the building shall not have an outside entrance for customers (users) separate from the entrances that serve the principal use.
e.
Permitted uses as regulated under this chapter in the immediate abutting RL or RM residential district.
f.
Temporary buildings pursuant to the establishment of a permanent building and permitted use. All such temporary buildings shall be immediately removed upon expiration of the time limit established as a condition of their construction.
The outside storage of vehicles, materials or equipment on the premises is prohibited and no uses with a drive-thru shall be permitted in this district, except as provided below.
(2)
Special approval land uses. The following uses, and others similar to those cited in this section, may be permitted by the planning commission, subject to the standards of section 32-131 and the general and specific standards for each cited in Article XII:
a.
Day-care centers and nursery schools (section 32-167).
b.
Drive-thru facilities ancillary to the permitted uses listed above (section 32-168).
c.
Funeral homes and mortuaries (section 32-171).
d.
Planned unit development (section 32-183).
e.
Private clubs, fraternal organizations, lodge halls, cultural centers and union halls (section 32-184).
f.
Private noncommercial recreation areas, nonprofit swimming pool clubs, institutional or community recreation centers (section 32-185).
g.
Public utility offices, but not including outside storage, poles or towers.
h.
Twenty-four-hour operations (section 32-190).
(3)
Site area and placement requirements.
a.
The minimum size of each lot per building:
1.
Area: 12,000 square feet.
2.
Width: 80 feet.
b.
Minimum yard setback per lot:
1.
Front and street-side setbacks shall be measured from the centerline of each road right-of-way (R.O.W.) in accordance with the city's master plan, as follows:
Distance from centerline (in feet):
* In the case of private roads, the front yard setback shall be measured from the road easement or common usage line abutting the subject lot.
Parking shall not be permitted in the required front or street side setback.
2.
Side: No side yards are required along the interior side lot lines, except as otherwise specified in the building code; where the wall of a structure faces interior side lot lines and contains windows or other openings, a side yard of not less than twenty (20) feet shall be provided. No building shall be located closer than thirty-five (35) feet to the outer perimeter (property line) of such district when the property line abuts any residential district. A suitable twenty (20) foot wide access drive shall be provided to the rear yard.
3.
Rear: Twenty (20) feet. No building shall be located closer than thirty-five (35) feet to the outer perimeter property line of such district when the property line abuts any residential zoning district.
(4)
Building requirements.
a.
Maximum height (stories/feet): 1/18
b.
Maximum lot coverage (percent): 30
(5)
Additional site requirements. (Also see section 32-131.)
a.
All business, servicing, processing or storage of commodities, except for off-street parking or loading, shall be conducted within completely enclosed buildings. No business of a primarily drive-in nature shall be permitted.
b.
For accessory uses incidental to the permitted use, no interior display shall be visible from the exterior of the building, and the total area devoted to display, including both the objects displayed and the floor space set aside for persons observing the displayed objects, shall not exceed twenty-five (25) percent of the gross floor area.
c.
The outdoor storage of goods or materials shall be prohibited irrespective of whether or not they are for sale.
d.
Warehousing or indoor storage of goods or materials, beyond that normally incidental to the above permitted uses and special approval land uses, shall be prohibited.
(6)
Environmental and off-street parking. Environmental (landscaping, lighting, screening and signs) and off-street parking improvements shall be provided in accordance with Articles V and VI of this chapter.
(Ord. No. 279, § 10.10, 12-12-96)
The CN commercial neighborhood district is designated to meet the day-to-day convenience shopping and service needs of persons residing in adjacent residential areas. Protection of nearby residential districts is considered of importance; thus, businesses which tend to be a nuisance to immediately surrounding residential areas are excluded, even though the goods sold or services offered might fall within the convenience classification.
It is further the intent of this district to provide these goods and services in a physical setting that is compatible with surrounding residential neighborhoods and which are of a neighborhood size and character. Whenever possible, commercial neighborhood districts should be developed with consolidated site features to provide for a continuity of appearance and function and to minimize any negative impacts on nearby residential neighborhoods or the city's thoroughfare system.
(1)
Permitted uses. The following uses shall be permitted, provided that all business, servicing, or processing (except for off-street parking or loading) shall be conducted within a completely enclosed building; that all businesses shall be of a retail or service nature dealing directly with consumers; and that all goods produced on the premises shall be sold at retail on the same premises. Where it is determined by the planning commission that effects of a listed use may tend to extend beyond the site, then special land use approval shall be required.
a.
Any one or more of the permitted uses in section 32-132 of the O-S district, except as otherwise provided herein.
b.
Generally recognized retail businesses which supply commodities on the premises, such as, but not limited to: groceries (except supermarkets and freezer food plans), hardwares, varieties, meat and fish (except freezer and locker meat provisions), fruit and vegetable, candy, nut and confectionery stores (except popcorn stands), retail bakeries (except pretzel stands), pharmacies and proprietary stores, liquor, sporting goods and bicycles, bookstores (excluding adult bookstores), stationery, jewelry, hobby, toy and games, camera and photographic supplies, gift, novelty and souvenir, florist, tobacco, luggage and leather goods, sewing, needlework and piece goods.
c.
Personal service establishments which perform services on the premises, such as, but not limited to: repair shops (watches, radio, television, shoe, etc.), tailor shops, beauty parlors or barber shops, photographic studios, self-service laundries and dry-cleaners (dry cleaning pick-up services only), video tape rentals, toning and tanning salons, diet workshops.
d.
Post office and similar governmental office buildings primarily serving persons living in the city.
e.
Accessory structures and uses customarily incidental to the above permitted uses.
Outdoor storage and display of merchandise is prohibited. Minor day-to-day, in-and-out display may be permitted by the building official when kept behind established building setback line.
(2)
Special approval land uses. The following uses, and others similar to those cited in this section, may be permitted by the planning commission, subject to the standards of section 32-131 and the general and specific standards for each cited in Article XII.
a.
Auto wash (section 32-156).
b.
Carry-out restaurants (section 32-161).
c.
Day-care centers and nursery schools (section 32-167).
d.
Dry cleaning and laundry establishments (section 32-169).
e.
Funeral homes and mortuaries (section 32-171).
f.
One-family residences located on the west side of Utica Road contained in Assessor's Plat No. 2, Lots 42 thru 46; Steffen's Addition Subdivision, Lots 1 thru 3 and 17 thru 22; and Fraser School Subdivision, Lots 1 thru 15.
g.
Planned unit development (section 32-183).
h.
Public utility buildings without outdoor storage (section 32-187).
i.
Twenty-four-hour operations (section 32-190).
(3)
Site area and placement requirements.
a.
The minimum size of each lot per building:
1.
Area: 7,200 square feet.
2.
Width: 60 feet.
b.
Minimum yard setback per lot:
1.
Front and street-side building and parking setbacks shall be measured from the centerline of each road right-of-way (R.O.W.) in accordance with the city's master plan, as follows:
Distance from centerline (in feet):
* In the case of private roads, the front yard setback shall be measured from the road easement or common usage line abutting the subject lot.
2.
Side: No side yards are required along the interior side lot lines, except as otherwise specified in the building code, provided that no side yard of less than five (5) feet in width shall be left between the lot line and the building. However, if walls of structures facing such interior side lot lines contain windows or other openings, side yards of not less than twenty (20) feet shall be provided. Where a lot line abuts a side street, that street yard setback shall be the same as the front yard required for the use fronting on the street adjacent to said property. No building shall be closer than fifty (50) feet to the outer perimeter (property line) of such district when such property line abuts any residential district.
3.
Rear: Twenty (20) feet. No building shall be located closer than thirty (30) feet to the outer perimeter (property line) of such district when such property line abuts any residential district.
(4)
Building requirements.
a.
Maximum height (stories/feet): 2/25
b.
Maximum lot coverage (percent): 30
(5)
Additional site requirements. See section 32-131.
(6)
Environmental and off-street parking. Environmental and off-street parking improvements shall be provided in accordance with Articles V and VI of this chapter.
(Ord. No. 279, § 10.20, 12-12-96)
This district is intended to provide a combination of convenience and comparison retail goods and services serving the needs of a broader market area than the CN district. The community business district is generally characterized by an integrated or planned grouping of establishments served by common parking areas and oriented to pedestrian and vehicular traffic.
(1)
Permitted uses. The following uses shall be permitted, provided that all business, servicing, or processing (except for off-street parking or loading) shall be conducted within a completely enclosed building; that all businesses shall be of a retail and service nature dealing directly with consumers; and that all goods produced on the premises shall be sold at retail on the same premises. Where it is determined by the planning commission that effects of a listed use may tend to extend beyond the site, then special land use approval shall be required.
a.
Any one or more of the permitted uses in section 32-133 of the CN district, except as otherwise provided herein. Permitted uses in the O-S district shall also be permitted, as regulated in section 32-132.
b.
All retail business, service or processing, such as: paint, glass and wallpaper stores, lawn and garden supply stores (except sod and topsoil), department stores, general merchandise, supermarkets and groceries, pet shops (retail), apparel and accessories, home furniture and furnishings and equipment, eating and drinking places (excluding fast-food restaurants).
c.
Personal services, including: photographic studios, barber and beauty shops, clothing rental (except linen supply), costume rental, tanning salons, tuxedo rentals.
d.
Theaters, assembly halls, concert halls or similar places of assembly, when conducted completely within enclosed buildings.
e.
Museums and art galleries.
f.
Membership organizations.
g.
Accessory structures and uses customarily incidental to the above permitted uses. Also, coin-operated service machine operations (scales, shoe-shine, lockers and blood pressure) shall be considered accessory uses.
h.
Temporary buildings pursuant to the establishment of a permanent building and permitted use. All such temporary buildings shall be immediately removed upon expiration of the time limit established as a condition of their construction.
i.
Prohibited uses include businesses dealing in pornography; businesses of a primarily drive-thru or drive-in nature; and outdoor businesses or uses.
Outdoor display of merchandise and storage is prohibited, except as may be permitted by the planning commission as part of an approved special approval land use or as a temporary use permitted in section 32-250.
(2)
Special approval land uses. The following uses and others similar to those cited in this article may be permitted by the planning commission, subject to the standards of section 32-131 and the general and specific standards for each cited in Article XII.
a.
Amusement device centers (section 32-155).
b.
CG district permitted uses developed in harmony with the city's CBD plan. No more than twenty (20) percent of all uses may be from the CG category. (The percentage shall be measured of gross floor area of the district area.)
c.
Carry-out restaurants, when designed as an incidental part of a restaurant business (section 32-161).
d.
Gasoline self-service stations (only on sites where a gasoline service station has existed as a lawful nonconforming use) (section 32-173).
e.
Outdoor retail sales of plant material not grown on the site, lawn furniture, playground equipment and garden supplies, when the outdoor sales operation is clearly secondary to retail sales taking place within a building.
f.
Planned unit development (section 32-183).
g.
Public utility buildings without storage (section 32-187).
(3)
Site area and placement requirements.
a.
The minimum size of each lot per building:
1.
At least equal to the first floor area of the building, plus the space required for pedestrian circulation, parking, rights-of-way, access and easements.
b.
Minimum yard setback per lot:
1.
Front and street-side building and parking setbacks shall be measured from the centerline of each road right-of-way (R.O.W.) in accordance with the city's master plan, as follows:
Distance from centerline (in feet):
2.
Side: None, except as provided in the building code, and that adequate access to the rear of the building shall be irrevocably provided.
3.
Rear: Sufficient to provide for parking and loading and unloading.
(4)
Building requirements.
a.
Maximum height (stories/feet): 2/30
b.
Maximum lot coverage is equal to the remainder of the site after all right-of-way, parking and yard space requirements are deducted from the gross site area.
(5)
Environmental and off-street parking. Environmental (landscaping, lighting, screening and signs) and off-street parking improvements shall be provided in accordance with Articles V and VI of this chapter.
(Ord. No. 279, § 10.30, 12-12-96)
The CG general business district is designed to provide for a wide diversity of business activities which are predominantly, but not necessarily, totally retail in character. In addition to retail uses, a number of other activities, usually requiring considerable land area and access to major or secondary thoroughfares, are permitted. Uses in this district normally must have good automobile accessibility, but should not cause congestion on adjacent thoroughfares.
(1)
Permitted uses. The following uses shall be permitted, provided that all business, servicing, or processing (except for off-street parking or loading) shall be conducted within a completely enclosed building; that all businesses shall be of a retail and service nature dealing directly with consumers; and that all goods produced on the premises shall be sold at retail on the same premises. Where it is determined by the planning commission that effects of a listed use may tend to extend beyond the site, then special land use approval shall be required.
a.
Any one or more of the permitted uses in section 32-134 of the CBD district, except as otherwise provided herein.
b.
Accessory uses, including five (5) or fewer amusement devices shall be considered an accessory use only to eating and drinking places, billiard and pool establishments, bowling alleys, membership clubs.
c.
Auto laundries (car wash) when completely enclosed in a building.
d.
Building materials, hardware and garden supplies (except mobile home dealers).
e.
Dance studios, schools and halls.
f.
Eating and drinking places, excluding fast-food restaurants.
g.
General merchandise stores.
h.
Hotels and motels (except bed and breakfast, casino hotels, tourist cabins and recreational vehicle campgrounds).
i.
Personal service establishments including only the following uses:
1.
Garment pressing and outlets for laundries and dry cleaners.
2.
Other laundry and garment services.
3.
Miscellaneous personal services.
j.
Physical fitness facilities.
k.
Rental of tools and household goods.
l.
Temporary buildings pursuant to the establishment of a permanent building and permitted use. All such temporary buildings shall be immediately removed upon expiration of their time limit established as a condition of their construction.
m.
Theatrical producers (except motion picture), bands, orchestras and entertainers.
n.
Veterinary offices and clinics, pet shops, dog grooming and kennels, provided all activities for any and all of the above uses are conducted within a totally enclosed main building, with no outside facilities.
o.
Accessory buildings and uses customarily incidental to any of the above permitted uses.
Outdoor display of merchandise, saleable within not more than one week, shall be permitted when it is kept back at least one hundred (100) feet from the centerline of all roads. Outdoor storage shall be limited to the side or rear yard and totally enclosed with view-obscuring screening, as specified by the planning commission based on section 32-52, when adjacent to any residential district or within public view.
(2)
Special approval land uses. The following uses, and others similar to those cited in this article, may be permitted by the planning commission, subject to the standards of section 32-131 and the general and specific standards for each cited in Article XII.
a.
Amusement and recreation services (section 32-154).
b.
Amusement device centers (section 32-155).
c.
Automobile repair and service centers (section 32-158).
d.
Businesses of a drive-in nature, but not including outdoor theaters (section 32-160).
e.
Fast-food restaurants (section 32-170).
f.
Gasoline service stations (section 32-172).
g.
Open air business uses, including the retail sales of plant materials not grown on the site and sale of lawn furniture, playground equipment, garden or building supplies.
h.
Outdoor sales lots for the sale of new or secondhand automobiles, new or secondhand recreational vehicles, boats, or mobile homes (section 32-181).
i.
Planned unit development (section 32-183).
j.
Public utility buildings (section 32-187).
k.
Twenty-four-hour operations (section 32-190).
(3)
Site area and placement requirements.
a.
The minimum size of each lot per building:
1.
Area: 12,000 square feet.
2.
Width: 80 feet.
b.
Minimum yard setback per lot.
1.
Front and street-side building and parking setbacks shall be measured from the centerline of each road right-of-way (R.O.W.) in accordance with the city's master plan, as follows:
Distance from centerline (in feet):
* In the case of private roads, the front yard setback shall be measured from the road easement or common usage line abutting the subject lot.
The planning commission may modify the setback upon-site plan review where it is found that the change in setback serves to promote more uniform access, interconnection of adjacent parking facilities or the aesthetic quality of the block front.
2.
Side Yard: No side yard is required along an interior side lot line, except as otherwise specified in the building code. If the exterior side yard borders a residential district, there shall be provided a side yard setback of not less than twenty (20) feet. The openings (windows and doors) side or other side of the lot shall have a side yard of not less than twenty (20) feet. Corner lots' side yards must equal the setback required for the front yards on the street to which they side or twenty (20) feet, whichever is greater.
(4)
Building requirements.
a.
Maximum height (stories/feet): 2/30.
b.
Maximum lot coverage is equal to the remainder of the site after all right-of-way, parking and yard space requirements are deducted from the gross site area.
(5)
Additional site requirements. See section 32-131.
(6)
Environmental and off-street parking. Environmental (landscaping, lighting, screening and signs) and off-street parking improvements shall be provided in accordance with articles V and VI of this chapter.
(Ord. No. 279, § 10.40, 12-12-96)