1.- V ZONE VILLAGE
The V district is established in order to:
(1)
Accommodate a mixed-use, urban fabric that preserves neighborhood scale;
(2)
Accommodate residents in the district with pedestrian access to services and employment typical of a live/work community;
(3)
Promotes neighborhoods established near shopping and employment centers;
(4)
Encourage pedestrian and neighborhood uses in the commercial area;
(5)
Discourage land uses, which are automobile or transportation related;
(6)
Exclude industrial uses such as manufacturing, processing and warehousing;
(7)
Promote retail and related commercial uses such as business offices, florists, card shops antiques, apparel and banks; and
(8)
Encourage mixed use with commercial uses on the first floor and residential living above.
(Ord. No. 2004-14, § 1(8-5-120C), 10-5-2004)
The following are permitted within the V zone:
(1)
Any use permitted in the D-D zone;
(2)
Any use permitted in the C-1 zone subject to the requirements of this article;
(3)
Single-family detached dwellings;
(4)
Single-family attached dwellings with at least four units attached;
(5)
Group homes, subject to the restrictions in section 93-2-19;
(6)
Adult daycare facilities;
(7)
Condominiums subject to approval as a conditional use; and
(8)
Combination of residential and business applications within a single structure. However, each use must have a separate entrance.
(Ord. No. 2004-14, § 1(8-5-120D), 10-5-2004; Ord. No. 2015-15, § 13, 8-4-2015)
The following uses, while permitted in other areas within the city, are not permitted in the V zone:
(1)
Pawnshops and check cashing businesses excluding banks and credit unions;
(2)
Adult entertainment establishments as defined by section 11-2-1 of this Code, including, but not limited to, adult bookstores, video or DVD adult rental or purchase, adult movie or adult live theaters, or adult gifts and novelties, or viewing or listening to other adult entertainment through any other electronic or other technological medium;
(3)
Automotive repair shops, dealerships and service stations, boat sales, auto parts stores;
(4)
Tattoo parlors;
(5)
Palm reading and fortunetelling including psychic and crystal ball readings;
(6)
Reserved;
(7)
Carnivals;
(8)
Stables;
(9)
Shooting galleries, firearm, and archery ranges;
(10)
Firearms dealers;
(11)
Modeling agencies;
(12)
Massage parlors;
(13)
Spas;
(14)
Hypnotists;
(15)
Handwriting analysis;
(16)
Escort services;
(17)
Bazaars;
(18)
Specialty shops;
(19)
Flea markets;
(20)
Junk stores;
(21)
Variety shops;
(22)
Labor pools;
(23)
Extended stay motels/hotels;
(24)
Parking lots (except for municipal parking lots benefiting the V zone);
(25)
Warehouses or longterm storage of material except where such storage does not constitute more than 25 percent of the business's floor space.
(26)
Kennels.
(Ord. No. 2004-14, § 1(8-5-120E), 10-5-2004; Ord. No. 2015-15, § 13, 8-4-2015; Ord. No. 2016-03, § 4, 3-1-2016; Ord. No. 2019-15, § 1, 7-2-2019)
Specific uses may be permitted as conditional uses, provided conformance to the purpose and intent of this article can be demonstrated. Such uses are:
(1)
SIC Code 5261, lawn and garden supplies:
a.
No outdoor storage of merchandise in the front yard.
b.
Outdoor storage in the rear yard, only, is permitted, provided storage areas are completely screened.
(2)
SIC Code 5411, grocery stores and food stores;
(3)
SIC Code 7011, Hotels and motels;
(4)
SIC Code 7641, Reupholstery and furniture repair;
(5)
Laundry and dry cleaning shops;
(6)
Undertaking establishments and funeral homes.
(Ord. No. 2004-14, § 1(8-5-120F), 10-5-2004)
The following uses require a special use permit, in accordance with sections 93-3.2-5 and 93-3.2-6, in any V zone:
(1)
Nursing homes.
(2)
Personal care homes, subject to the restrictions in section 93-2-20.
(Ord. No. 2015-15, § 13, 8-4-2015)
All buildings or structures erected, converted or structurally altered shall hereafter comply with the following lot area, yard, and building coverage requirements:
(1)
Lot area and width. No lot shall have a minimum frontage of less than 50 feet, while the minimum area shall be established by the restriction governing lot coverage, setbacks, screening, and parking requirements.
(2)
Front yard. All structures located along a street shall be set back, at a minimum, of 15 feet, or greater as may be determined to be necessary and advisable by the city planning commission in the course of its site plan review process. In determining such yard setbacks, the city planning commission shall consider the size and configuration of the proposed buildings, their relationship to the existing and proposed thoroughfares; in order to maximize all vehicular and pedestrian safety.
(3)
Side and rear yards. The side and rear yards adjacent to, or separated by a street, alley or other right-of-way from a residential or commercial zone, shall provide a building setback of at least 15 feet.
(4)
Distance between buildings. The minimum distance between two multiple family buildings on a single lot or on contiguous property under the same ownership shall be 20 feet, plus four additional feet for every story or fraction thereof that the building exceeds two stories, or such distance determined necessary by the planning commission to enhance the aesthetics of development.
(5)
Height regulations. No building or structure shall exceed 2½ stories or a 35 feet in height, provided the planning commission may allow a development with greater height, if it finds that:
a.
The proposed height will not adversely impact adjacent properties or nearby residential neighborhoods;
b.
The added height is necessary to support redevelopment of an area, which currently contains uses that have an adverse impact upon adjacent neighborhoods;
c.
The proposed development is designed to facilitate the objectives and strategies of the master plan;
d.
Meets approval from the fire department and FAA.
(6)
Residential buffer. New development shall provide sufficient setback as well as an attractive physical barrier between the residential and nonresidential uses as necessary to minimize disruptive light, noise, odor, dust, unsightly appearances and intrusive activity relative to the residential environment. A smooth transition between residential neighbors and nonresidential uses (including all parking lots) shall be ensured by the provision of sufficient screening of more intensive uses (i.e. commercial/offices uses) from residential neighborhoods through the use of decorative landscaping and screened walls. A 15-foot landscaped buffer shall be installed between and along the residential and nonresidential sides of said buffer. The landscaped area shall be planted with trees, flowers, grasses and shrubs in compliance with the buffer requirements of chapter 93, article 29 to visually screen non-residential areas and provide an attractive boundary that encourages continued investment in the adjacent residential property.
(Ord. No. 2004-14, § 1(8-5-120G), 10-5-2004; Ord. No. 2015-15, § 13, 8-4-2015; Ord. No. 2020-4, § 4, 1-7-2020)
Editor's note— Ord. No. 2015-15, § 13, adopted August 4, 2015, renumbered the former section 93-11.1-5 as section 93-11.1-6. The historical notation has been preserved for reference purposes.
1.- V ZONE VILLAGE
The V district is established in order to:
(1)
Accommodate a mixed-use, urban fabric that preserves neighborhood scale;
(2)
Accommodate residents in the district with pedestrian access to services and employment typical of a live/work community;
(3)
Promotes neighborhoods established near shopping and employment centers;
(4)
Encourage pedestrian and neighborhood uses in the commercial area;
(5)
Discourage land uses, which are automobile or transportation related;
(6)
Exclude industrial uses such as manufacturing, processing and warehousing;
(7)
Promote retail and related commercial uses such as business offices, florists, card shops antiques, apparel and banks; and
(8)
Encourage mixed use with commercial uses on the first floor and residential living above.
(Ord. No. 2004-14, § 1(8-5-120C), 10-5-2004)
The following are permitted within the V zone:
(1)
Any use permitted in the D-D zone;
(2)
Any use permitted in the C-1 zone subject to the requirements of this article;
(3)
Single-family detached dwellings;
(4)
Single-family attached dwellings with at least four units attached;
(5)
Group homes, subject to the restrictions in section 93-2-19;
(6)
Adult daycare facilities;
(7)
Condominiums subject to approval as a conditional use; and
(8)
Combination of residential and business applications within a single structure. However, each use must have a separate entrance.
(Ord. No. 2004-14, § 1(8-5-120D), 10-5-2004; Ord. No. 2015-15, § 13, 8-4-2015)
The following uses, while permitted in other areas within the city, are not permitted in the V zone:
(1)
Pawnshops and check cashing businesses excluding banks and credit unions;
(2)
Adult entertainment establishments as defined by section 11-2-1 of this Code, including, but not limited to, adult bookstores, video or DVD adult rental or purchase, adult movie or adult live theaters, or adult gifts and novelties, or viewing or listening to other adult entertainment through any other electronic or other technological medium;
(3)
Automotive repair shops, dealerships and service stations, boat sales, auto parts stores;
(4)
Tattoo parlors;
(5)
Palm reading and fortunetelling including psychic and crystal ball readings;
(6)
Reserved;
(7)
Carnivals;
(8)
Stables;
(9)
Shooting galleries, firearm, and archery ranges;
(10)
Firearms dealers;
(11)
Modeling agencies;
(12)
Massage parlors;
(13)
Spas;
(14)
Hypnotists;
(15)
Handwriting analysis;
(16)
Escort services;
(17)
Bazaars;
(18)
Specialty shops;
(19)
Flea markets;
(20)
Junk stores;
(21)
Variety shops;
(22)
Labor pools;
(23)
Extended stay motels/hotels;
(24)
Parking lots (except for municipal parking lots benefiting the V zone);
(25)
Warehouses or longterm storage of material except where such storage does not constitute more than 25 percent of the business's floor space.
(26)
Kennels.
(Ord. No. 2004-14, § 1(8-5-120E), 10-5-2004; Ord. No. 2015-15, § 13, 8-4-2015; Ord. No. 2016-03, § 4, 3-1-2016; Ord. No. 2019-15, § 1, 7-2-2019)
Specific uses may be permitted as conditional uses, provided conformance to the purpose and intent of this article can be demonstrated. Such uses are:
(1)
SIC Code 5261, lawn and garden supplies:
a.
No outdoor storage of merchandise in the front yard.
b.
Outdoor storage in the rear yard, only, is permitted, provided storage areas are completely screened.
(2)
SIC Code 5411, grocery stores and food stores;
(3)
SIC Code 7011, Hotels and motels;
(4)
SIC Code 7641, Reupholstery and furniture repair;
(5)
Laundry and dry cleaning shops;
(6)
Undertaking establishments and funeral homes.
(Ord. No. 2004-14, § 1(8-5-120F), 10-5-2004)
The following uses require a special use permit, in accordance with sections 93-3.2-5 and 93-3.2-6, in any V zone:
(1)
Nursing homes.
(2)
Personal care homes, subject to the restrictions in section 93-2-20.
(Ord. No. 2015-15, § 13, 8-4-2015)
All buildings or structures erected, converted or structurally altered shall hereafter comply with the following lot area, yard, and building coverage requirements:
(1)
Lot area and width. No lot shall have a minimum frontage of less than 50 feet, while the minimum area shall be established by the restriction governing lot coverage, setbacks, screening, and parking requirements.
(2)
Front yard. All structures located along a street shall be set back, at a minimum, of 15 feet, or greater as may be determined to be necessary and advisable by the city planning commission in the course of its site plan review process. In determining such yard setbacks, the city planning commission shall consider the size and configuration of the proposed buildings, their relationship to the existing and proposed thoroughfares; in order to maximize all vehicular and pedestrian safety.
(3)
Side and rear yards. The side and rear yards adjacent to, or separated by a street, alley or other right-of-way from a residential or commercial zone, shall provide a building setback of at least 15 feet.
(4)
Distance between buildings. The minimum distance between two multiple family buildings on a single lot or on contiguous property under the same ownership shall be 20 feet, plus four additional feet for every story or fraction thereof that the building exceeds two stories, or such distance determined necessary by the planning commission to enhance the aesthetics of development.
(5)
Height regulations. No building or structure shall exceed 2½ stories or a 35 feet in height, provided the planning commission may allow a development with greater height, if it finds that:
a.
The proposed height will not adversely impact adjacent properties or nearby residential neighborhoods;
b.
The added height is necessary to support redevelopment of an area, which currently contains uses that have an adverse impact upon adjacent neighborhoods;
c.
The proposed development is designed to facilitate the objectives and strategies of the master plan;
d.
Meets approval from the fire department and FAA.
(6)
Residential buffer. New development shall provide sufficient setback as well as an attractive physical barrier between the residential and nonresidential uses as necessary to minimize disruptive light, noise, odor, dust, unsightly appearances and intrusive activity relative to the residential environment. A smooth transition between residential neighbors and nonresidential uses (including all parking lots) shall be ensured by the provision of sufficient screening of more intensive uses (i.e. commercial/offices uses) from residential neighborhoods through the use of decorative landscaping and screened walls. A 15-foot landscaped buffer shall be installed between and along the residential and nonresidential sides of said buffer. The landscaped area shall be planted with trees, flowers, grasses and shrubs in compliance with the buffer requirements of chapter 93, article 29 to visually screen non-residential areas and provide an attractive boundary that encourages continued investment in the adjacent residential property.
(Ord. No. 2004-14, § 1(8-5-120G), 10-5-2004; Ord. No. 2015-15, § 13, 8-4-2015; Ord. No. 2020-4, § 4, 1-7-2020)
Editor's note— Ord. No. 2015-15, § 13, adopted August 4, 2015, renumbered the former section 93-11.1-5 as section 93-11.1-6. The historical notation has been preserved for reference purposes.