A.

Applicability. The provisions of this Section shall apply in all nonresidential and mixed-use zoning districts unless indicated otherwise elsewhere in these regulations, such as when a fence or wall required for screening purposes must be taller than the maximum height allowed by this Section.

B.

Height. No fence or freestanding wall shall exceed the following heights:

1.

8 feet for any nonresidential use or mixed-use development; or

2.

12 feet for any tennis court fence.

C.

Materials. Fences and walls shall be constructed of durable, high-quality materials used for commercial application including: weather-resistant wood species, wood treated with preservatives approved by the U.S. Environmental Protection Agency, painted wood, composite materials, ornamental wrought iron, powder-coated aluminum, brick ore, and stone.

1.

Prohibited Materials. When a fence or wall is visible from a public street, the following materials shall not be used:

a.

Scrap lumber, plywood, sheet metal, corrugated metal, plastic, or fiberglass sheets;

b.

Barbed or razor wire, except as provided in subsection 2.600.C.2., or welded wire or chicken wire; and

c.

Glass, spikes, nails, or other sharp point or instrument on the top or sides of fences.

2.

Safety and Security Considerations. Barbed or razor wire may be placed on top of fences enclosing public utility buildings, protective care facilities, correctional facilities, industrial properties, agricultural uses, and in other situations as required by federal or state law.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Permanent Structure. Except as provided elsewhere in these regulations, every nonresidential use within the City shall be operated out of a stationary building and constructed on an anchored foundation, as approved by the Building Official, with the following exceptions.

1.

Agriculture/Urban Farming,

2.

Community Garden,

3.

Electric Vehicle Charging Station,

4.

Outdoor Storage,

5.

Parking Lot, Commercial Surface Parking Area,

6.

Helistop, and

7.

Railyard.

B.

Restroom Facilities. Every business within the City shall provide restroom facilities on-site within the permanent structure. The restroom facilities shall be available for use by the employees of the particular business. The restroom facilities shall comply with all applicable state, county and city building and health code provisions for the size and type of business to be operated at the site including accessibility of the restroom facilities for disabled persons. The following do not require restroom facilities on-site:

1.

Those land uses exempted per Section 2.602 (A),

2.

Aircraft Hangars,

3.

Parking Structure or Lot Incidental to Main Use,

4.

Parking Structure - Mixed Use,

5.

Vending, Kiosk/ATM, and

6.

Wireless Telecommunication Facility.

C.

Outdoor Sales.

1.

The outdoor sales operation must be entirely a component of the primary business, in which all function and sales outdoors, is owned and operated by the owner of the primary business.

2.

The owner of the permanent business shall not lease out space to a separate business for the purpose of outdoor sales activity.

3.

All outdoor sales activities must comply with the setback requirements, parking requirements and other standards contained herein.

4.

Outdoor sales shall only be permitted within an area not greater than 25 percent of the gross floor area of the ground floor of the building.

5.

Outdoor sales shall be located on a "hard and durable" surface.

6.

The outdoor sales operation shall terminate by 11:00 p.m.

7.

No outdoor sales shall be allowed in areas set aside for, required, or designated for driving isles, driveways, maneuvering areas, emergency access ways, required off-street parking, or unloading and loading.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 23-074, § 2, 11-26-23; Ord. No. 24-002, § 6, 1-25-24)