24.1.1.

Land and buildings shall be used only for the following uses:

Accessory structures and uses as permitted herein.

Agricultural uses.

Apparel stores.

Ambulance services.

Animal hospital or veterinary clinic, pet shops.

Assisted living facilities.

Auction gallery, including auto auction.

Automobile sales, new and used, retail and wholesale with attendant facilities, except that any mechanical or body repair must be conducted entirely within an enclosed structure and provided further that all vehicles on a used car sales lot must be in operating condition at all times.

Automobile repair garage, mechanical and body, provided all operations are conducted entirely within an enclosed structure.

Bakery, where not more than five persons are employed on the premises and where the products made are sold exclusively at retail on the premises.

Bank, savings and loan associations.

Barbershop, beauty parlor, reducing salons.

Bookstores.

Building and lumber supply establishments—provided the entire storage area is enclosed within a solid fence at least seven feet in height, or greater, if required to adequately screen such area, and that any machine operations must be conducted entirely within an enclosed structure.

Bus depots.

Cafes, delicatessens, coffee shops and restaurants without alcohol.

Carwash establishments.

Churches and similar places of worship.

Commercial parking garages or lots.

Confectionery store.

Dancing or music academy.

Drugstores and apothecaries.

Dry cleaning establishments utilizing only non-flammable dry cleaning fluids.

Farmers markets.

Florist shops and greenhouses.

Furniture stores.

Gasoline service stations.

Grocery stores.

Gymnasiums, fitness and exercise centers, health clubs and spas.

Hardware store, gift shop and variety store.

Hotels, motels, tourist homes, camping trailer courts.

Jewelry store, watch repair shop.

Laundry operations, launderette, coin-operated dry cleaning establishments.

Light manufacturing and assembly, provided the goods are to be sold on the premises only, and provided not more than ten persons are employed in the process.

Mobile food vending sites.

Mobile food vending units.

Mobile home and trailer parks.

Mortuaries and crematoriums.

Municipal, county, state or federal use.

Multiple-family dwellings.

Music or record shop.

Newsstand, hobby shop.

Notion and dry goods store.

Nursery, kindergarten or day care for children.

Offices, professional buildings.

Office-warehouse, where the structure is used for offices and the storage of goods, wares, or merchandise in conjunction with a business located on the site. No outside storage of goods, wares, or merchandise is permitted on premises.

Parking lots and parking garages.

Permitted uses as special exceptions as defined and regulated by subsection 92.5.3 hereof.

Photographic studios, photo retail sales.

Places of amusement including skating, bowling, trampolines, golf driving ranges, miniature golf, baseball batting, and similar nonoffensive establishments, but not including theaters or drive-in theaters.

Print shops, newspaper publishing house.

Private hospitals, sanitarium or nursing home.

Radio and television studios but not including broadcast towers.

Radio and television appliance stores and repair shops.

Self-propelled, camping and recreational vehicle sales; trailer and mobile home sales; [and] boat sales.

Shoe store, shoe repair shop, tailor shop.

Upholstering shop, where not more than five persons are employed.

24.1.2

Variances. The board of adjustment shall have no authority to grant variances that would reduce required separation distances for establishments selling or serving alcoholic beverages or permit such uses on street classifications other than those specified in section 24.1.1.

(Ord. No. 96-1008, § 2, 1-23-1997; Ord. No. 97-707, § 1, 11-13-1997; Ord. No. 03-593, § 3, 8-14-2003; Ord. No. 03-672, §§ 1—4, 9-11-2003; Ord. No. 07-401, § 3, 6-14-2007; Ord. No. 09-1053, § 1, 12-17-2009; Ord. No. 11-11, § 5, 2-24-2011; Ord. No. 11-899, § 2, 1-26-2012; Ord. No. 13-882, § 2, 12-19-2013; Ord. No. 14-576, § 5, 9-25-2014; Ord. No. 15-406, § 2, 7-23-2015; Ord. No. 18-03, § 1, 2-22-2018)

The following yard, density, and height of building requirements shall be observed:

24.2.1. Multiple-family dwellings. Plans for multiple-family projects containing two or more buildings which are located on the same parcel of land shall be presented to the planning commission for review. The planning commission shall make certain the proposed development meets the following requirements:

(1)

The proposed development shall be compatible with requirements and intent of the subdivision regulations relative to access, drainage, utilities, and major streets.

(2)

Sidewalks not less than four feet wide are required in the project area leading from all front and rear doors to streets. Sidewalks are also required along all property of the project abutting streets.

(3)

Six thousand square feet of land area for the first two dwelling units; 2,000 square feet of land area for each additional dwelling unit; provided, however, such required land area must be exclusive of vehicular accessways but may include parking spaces.

(4)

Closest permitted distance between any two apartment buildings shall be ten feet for one-story buildings; 14 feet for two-story buildings.

(5)

Minimum distance from an apartment building to a parking space shall be eight feet.

(6)

Minimum distance from front or side of an apartment building shall be 50 feet to a major arterial right-of-way and 30 feet to other public street rights-of-way.

(7)

Minimum distance from side of apartment building to side property line shall be seven feet for one-story buildings; eight feet for two-story buildings.

(8)

Minimum distance from rear of apartment building to side property line shall be 30 feet.

(9)

Minimum distance from either rear or side of apartment building to rear lot line shall be 25 feet.

(10)

Minimum distance from front of one apartment building to front of another apartment building shall be 30 feet.

(11)

Windows in all apartment buildings shall have not less than a 20-foot view (measured perpendicular from the window) unobstructed by other buildings located on the same parcel of land.

(12)

Minimum distance from the parking areas to any street right-of-way shall be 20 feet.

(13)

Maximum number of stories shall be ten.

(14)

Maximum number of structures shall be limited to four structures per acre.

(15)

No front of a multi-family dwelling building shall be in the rear of another building.

24.2.2. Trailer parks and mobile home parks.

(1)

Minimum parcel of land required shall be not less than five acres for each park.

(2)

Minimum size lot required for each trailer space shall be not less than 40 feet wide and 80 feet long.

(3)

Minimum side yard setback, ten feet from the side lot or space line.

(4)

A buffer strip not less than 20 feet deep shall be provided completely around the trailer park or mobile home park; provided, however, that a minimum front yard depth of 50 feet, of which the first 20 feet shall be landscaped and maintained, shall be required along a major arterial.

(5)

Such trailer or mobile home park shall not accept trailers until at least 50 percent of its lots have been completely developed together with facilities as required by other ordinances and regulations.

(6)

Such trailer or mobile home park shall be required to also meet regulations required by other local codes and ordinances.

24.2.3. Camping trailer courts.

(1)

Minimum parcel of land required shall be not less than two acres for each court.

(2)

Minimum size lot required for each trailer space shall be not less than 15 feet wide and 40 feet long.

(3)

A buffer strip not less than 20 feet deep shall be provided completely around the court; provided, however, that a minimum front yard depth of 50 feet, of which the first 20 feet shall be landscaped and maintained, shall be required along a major arterial.

(4)

Such camping trailer court shall not accept trailers until 50 percent of its lots have been completely developed together with facilities as required by these regulations.

(5)

[For] side yard setback, trailers shall be set back a minimum of five feet from the side lot or space line.

24.2.4. Business structures and other permitted uses.

(1)

Minimum required depth of front yard, all structures shall be set back not less than 50 feet from arterial rights-of-way and not less than five feet from all collector and local street rights-of-way.

(2)

Minimum required depth of rear yard—none, except where the rear lot line abuts a residential district there shall be provided a rear yard of not less than 20 feet.

(3)

Minimum required width of each side yard, none, except where a side lot line abuts a residential district there shall be provided a side yard of not less than 20 feet.

(4)

Maximum number of stories shall be ten.

24.2.5 Multiple family dwelling within opportunity zones.

Plans for multiple family projects containing two or more buildings which are located on the same parcel of land within an opportunity zone, as defined by the Tax Cuts and Jobs Act of 2017 shall be presented to the planning commission for review. The planning commission shall make certain the proposed development meets the following requirements:

(1)

The proposed development shall comply with requirements and intent of the subdivision regulations relative to access, drainage, utilities, and major streets.

(2)

Sidewalks not less than four feet wide are required in the project area leading from all front and rear doors to streets. Sidewalks are also required along all property of the project abutting streets.

(3)

Closest permitted distance between any two apartment buildings shall be ten feet for one-story buildings; 14 feet for two-story buildings or more.

(4)

Minimum distance from an apartment building to a parking space shall be eight feet.

(5)

Minimum distance from front or side of an apartment building shall be 50 feet to a major arterial right-of-way and five feet to other public street rights-of-way.

(6)

Minimum distance from either rear or side of apartment building to side and rear lot line shall be five feet, except where the rear or side lot line abuts a residential district there shall be provided a distance not less than 25 feet.

(7)

Minimum distance from front of one apartment building to front of another apartment building shall be 12 feet, except when the apartment building has a height of 25 feet or above then a 30-feet distance is required.

(8)

Windows in all apartment buildings shall have not less than a 12-foot view (measured perpendicular from the window) unobstructed by other buildings located on the same parcel of land. Except, when an apartment building has a height of 25 or above then a 20-foot view is required.

(9)

Minimum distance from the parking areas to any street right-of-way shall be 20 feet.

(10)

Maximum number of stories shall be ten.

(11)

Maximum number of structures shall be limited to four structures per acre.

(12)

No front of a multi-family dwelling building shall be in the rear of another building.

(Ord. No. 17-164, § 1, 4-27-2017; Ord. No. 19-665, § 1, 9-26-2019; Ord. No. 22-685, § 1, 10-27-2022; Ord. No. 22-484, § 1, 8-25-2022)

24.3.1. Off-street parking areas, driveways and vehicular access ways, except as necessary to cross the required front yard, are not permitted in the first 20 feet of the required front yard as measured from the arterial right-of-way or in the first five feet of the required front yard as measured from the collector and local streets right-of-way. Said area shall be landscaped and maintained in a manner as to be neat in appearance when viewed from any street.

24.3.2. Exterior storage of materials shall be in the side and rear yards only and shall be contained by fencing in such a manner as to be neat in appearance when viewed from any street. No exterior storage or display of materials or products, whether for sale or not, is permitted in the required front yard except farm equipment sales, new and used car sales, trailer sales, recreational vehicle sales and mobile home sales and these uses shall not be permitted in the first 20 feet of the required front yard.

24.3.3. A seven-foot-high screen shall be provided along the perimeter at the rear and side yards of the tract to be developed and/or used for commercial purposes when the tract abuts either on the rear or side lot line of a residential district. Such screening shall not extend closer than 50 feet to any street right-of-way. If planting is to be used as a screen, it shall be provided as set forth in section 3.1, buffer of screen planting, hereof. Such plants shall be initially not less than seven feet in height.

(Ord. No. 09-430, § 5, 7-9-2009; Ord. No. 17-164, § 2, 4-27-2017; Ord. No. 18-03, § 2, 2-22-2018)

Signs shall be permitted in accordance with the provisions of article 72—Sign control regulations.

(Ord. No. 21-46, § 1(Exh. A, § B.2.), 2-25-2021)

For single tenant developments, off-street parking and loading requirements shall be provided as set forth in article 70 hereof.

For multi-tenant, mixed use, and multi-family developments, shared parking and loading requirements shall be provided as set forth in the Shared Parking Factor matrix of article 27 hereof.

Required bicycle parking spaces and facilities shall be provided as set forth in article 76 hereof.

(Ord. No. 09-430, § 6, 7-9-2009; Ord. No. 10-507, § 2, 8-26-2010; Ord. No. 17-164, § 3, 4-27-2017)

Landscaping and lighting of off-street parking and vehicular use areas are required in accordance with article 71, off-street parking and vehicular use area landscaping requirements, except for multifamily dwellings which must comply only with section 71.6, PVA lighting requirements, when applicable.

(Ord. No. 99-1020, § 1, 1-13-2000; Ord. No. 09-430, § 8, 7-9-2009)

Editor's note— Ord. No. 09-430, § 7, adopted July 9, 2009, repealed § 24.6, which pertained to off-street loading requirements. Section 8 of said ordinance renumbered § 24.7 as § 24.6. See also the Code Comparative Table.

Alcoholic beverage establishments shall be permitted in accordance with section 75.3 - permitted establishments by districts, subsection 75.3.3, and shall be regulated by article 75 - alcoholic beverage establishment regulations.

(Ord. No. 11-11, § 8, 2-24-2011)