(a)

Buildings within the specified DB district. Within an area enclosed by All Saints Street and Commerce Street to the south, Wisner Street to the east, Church Street to the north, and Bentz Street to the west; buildings within the DB district only may exceed the 75 feet maximum height limitation provided that no building shall exceed an elevation of 365 feet above mean sea level.

(b)

Residential—Office.

(1)

Establishment, Generally. In accordance with the provisions of this section 406(b), a professional office may be established in the RO district in: (A) A "Building" (not including an "Accessory Structure") existing as of August 15, 2005; (B) An "Addition" to a Building (not including an Accessory Structure) existing as of August 15, 2005 that is added to the existing Building after August 15, 2005; or (C) A new Building. Before the construction of, or change of use to, a professional office, final major site plan approval is required.

(2)

Establishment—Improved Properties. A professional office may be established in the RO district within any "Building" (not including an Accessory Structure), existing as of August 15, 2005.

(3)

Establishment—Additions. In considering an Addition after August 15, 2005 to a Building existing as of August 15, 2005 for the purposes of professional office use, the Planning Commission may approve a final site plan for an Addition only if it finds that:

A.

The Addition will be attached to the rear of the existing Building;

B.

The Addition will not exceed the height of the existing Building;

C.

The Addition is compatible with the existing Building, and the existing Building as improved by the Addition, is compatible with other buildings in the surrounding block, neighborhood, or subdivision. For purposes of this subsection, compatibility is evaluated in terms of alignment, setbacks, orientation, size, appearance, and character. In demonstrating that the proposed Addition is compatible, the applicant must submit architectural elevations of the proposed Addition in relation to the existing Building and must clearly describe in a narrative format the existing block, neighborhood or subdivision area in which the proposed Addition to the existing Building is to be compared. The Planning Commission may accept or modify the applicant's description or delineation of this area.

(4)

Establishment—Unimproved Properties. On any property in the RO district that, as of August 15, 2005, has not been improved with a Building, a Building (not including an Accessory Structure) may be constructed for use as a professional office if the Planning Commission finds that the Building is compatible with other buildings in the surrounding block, neighborhood, or subdivision in terms of its alignment, setbacks, orientation, size, appearance, and character. In demonstrating that the proposed Building is compatible, the applicant must submit architectural elevations of the proposed Building and must clearly describe in a narrative format the existing block, neighborhood or subdivision area in which the proposed Building is to be compared. The Planning Commission may accept or modify the applicant's description or delineation of this area.

(5)

Alterations. The Planning Commission may approve an application for "Alteration" to the elevation or façade of any Building used as a professional office in the RO district if:

A.

The proposed Alteration will not change the existing entryway, roof pitch, roof type, building materials, window proportions, or entryway proportions; or

B.

The Planning Commission has granted major site plan approval for the Alteration, finding that the Alteration will not change the residential appearance or character of the Building.

C.

An "Addition" shall not be considered an "Alteration" for the purposes of this section 406(b)(5).

(6)

Entrances. Common entrances are permitted in the RO district. Entrances of at least 24 feet wide for the depth of at least one car length must be provided for two-way traffic entrances. One-way in and one-way out access is permitted for entrances that are at least 14 feet wide. If needed to preserve the residential appearance of the lot and Building, access drives may be as narrow as ten feet wide in the front yard and side yard leading to the parking area.

(7)

Parking. A Building within the RO district used as both a residence and a professional office will be treated as a professional office for purposes of the parking standards of Section 607 of this Code. A parking area within the RO district must be completely screened.

(8)

Traffic Impact Study. If a Building used as a dwelling unit is converted to non-residential use, the applicant shall provide a traffic impact study as required by this Code. The Zoning Administrator may waive the traffic impact study requirement if the applicant submits a cross-access easement that provides an alternative point of access from any parking or traffic circulation area on site.

(c)

RC Resource Conservation District Provisions.

(1)

Provisions for Section 309, site plan review shall not apply to construction or alteration to farm buildings or structures, however, a zoning certificate is required per Section 302 and all setbacks must be observed.

(2)

Farm structures and accessory structures, except for fences, may not be placed in required yards. Fences may be located in any yard not withstanding Article 7, Section 720, provided visibility at a public road intersection is not obstructed.

(3)

A farm may include one wall or freestanding sign no larger than 20 square feet.

(4)

The operation of any machinery used in farming procedures and all customary agricultural procedures is permitted.

(d)

M1 and M2 Districts.

(1)

Generally. The M1 or M2 district may, if approved by the Board of Aldermen, be developed pursuant to the MXE Mixed-Use Employment Center Development floating zone, pursuant to the provisions of Section 418 of this Code.

(2)

Screening and Landscaping.

A.

The Planning Commission may increase the buffer yard planting minimum height prescribed in Section 605(d)(2) (landscaping standards) to seven feet. The appropriate tree species shall be selected for mature heights to effectively shield the industrial buildings.

B.

The Planning Commission may increase any fence or wall up to ten feet in height if the M1 or M2 zoned lot abuts a parcel in a residential zoning district, and the increase is needed to mitigate the impacts of the use on the residential property.

C.

The determination of appropriate screening requirements to be used in the M1 or M2 district that are adjacent to R districts shall be based on the property development status as follows:

1.

Any new expansion plan of an existing industrial site shall comply with either Level III or IV, as applicable, and nonconforming lots with existing uses or proposed downtown areas shall use Level III.

2.

Any existing recorded lot not developed prior to August 26, 2001 shall be required to use Level IV screening. However, the Planning Commission may approve Level III screening if the associated landscape plan provides an equivalent buffer for the adjacent residential property.

(e)

General Commercial (GC) District. In the GC zoning district, buildings that exceed 60 feet in height shall be setback one foot from all property lines for each foot of building height.

(f)

Manufacturing/Office District.

(1)

Standards.

A.

In the MO district, building setbacks for side and rear yards shall be 30 feet on each side if adjacent to a commercial or employment district and 100 feet if adjacent to any other district or an Interstate Highway unless modified by the Planning Commission.

B.

Maximum building coverage on any lot in the MO district shall be 30 percent.

C.

Minimum landscaped area on any lot in the MO district shall be 20 percent.

D.

Predominant exterior building materials must not include the following: smooth-faced concrete block, smooth-faced tilt-up concrete panels, or pre-fabricated steel panels. Loading docks, service areas or other similar features shall be screened from view from all public streets and under no circumstances shall outdoor material storage areas be permitted in the MO district. Screening in any portion of the MO district that abuts any "R" district shall be at a minimum, Level II screening. The Planning Commission must approve the landscaping plan and may require screening above the level of Level II screening depending on the type of development within the 100-foot yard and adjacent land uses. To ensure aesthetically pleasing development compatible with adjacent or neighboring buildings, all applications for site plan approval in the MO district shall include architectural renderings or other information concerning the design and materials of the proposed building.

(2)

Modifications. The Planning Commission may modify the following standards provided a finding is made that the park-like intent of the MO district is being achieved and adjacent properties are being adequately buffered.

A.

The minimum side and rear yard of 100 feet, when adjacent to a district other than commercial or employment or abutting an interstate highway, may be modified to 50 feet if the Planning Commission approves a landscaping plan which, in the Commission's opinion, provides an adequate buffer for adjacent property or meets the park-like setting standards of the MO district.

B.

The building heights for all development in the MO district shall not exceed 60 feet, except for motel or hotel use, which may be modified by the Planning Commission to a maximum of 90 feet. For any proposed building over 40 feet, one foot of additional setback is required for every foot of building height over 40 feet.

(Supp. No. 8, Ord. No. G-09-18, § 1, 12-14-09; Supp. No. 2, Ord. No. G-05-17, § 3, 12-19-05; Ord. No. G-19-31, § IV, 10-17-19)