The C-3 Planned Community Shopping Center District is provided to accommodate the community shopping center near a residential setting. It allows for all those uses normally associated with a shoppers' goods center, such as apparel, appliances, jewelry, furniture and other merchandise for longer term rather than daily consumption. This district allows convenience goods and personal services facilities, but should be dominated in amount of space, business volume and size of trading area by the department, apparel, appliance and similar stores. Since this district is designed to be developed as a planned community shopping center, special requirements and benefits are included for developments designated as such. This does not, however, prevent the use of this district on smaller sites with any of the uses permitted herein.

(Ord. 2008-45, Amended, 07/24/2008)

A.

The following uses shall be permitted in the C-3 Planned Community Shopping Center District:

1.

All those uses permitted in a C-2 Planned Neighborhood Shopping Center District;

2.

Auto parts and accessories;

3.

An additional service station;

4.

Appliance sales and service store;

5.

Bank;

6.

Bowling alley;

7.

Cafeteria or restaurant, but not a drive-in restaurant;

8.

Carnival;

9.

Circus;

10.

Commercial school or hall;

11.

Department store;

12.

Electric sales and service shop, including lamp sales;

13.

Furniture store;

14.

Institutional or fraternal building and use not to include the sale of alcoholic beverages for on-premises consumption;

15.

Interior decoration store or service;

16.

Liquor/package store;

17.

Luggage sales shop;

18.

Musical instruments sales and service;

19.

New car franchise operation and accessory uses essential to the primary use;

20.

Office equipment and furniture store;

21.

Skating rink, except outdoor or open-air facilities;

22.

Tailor shop, sewing shop;

23.

Theater, except drive-in theater or any other outdoor type theater;

24.

Buildings, structures and uses accessory and customarily incidental to any of the above uses; but there shall be no manufacture, processing or compounding of products other than such as are customarily incidental or essential to retail establishments.

(2000-30, Amended, 09/12/2000; 95-20, Amended, 05/09/1995)

(Ord. No. 18-29, §§ 4, 8, 9-25-2018)

A.

The following uses may be permitted on review in accordance with provisions of Section 18-113 of this code:

1.

Amusement center/arcade;

2.

Drive-in restaurant;

3.

Funeral home;

4.

Medical marijuana—Tier II processor, when associated with a dispensary located within the same building, and all processed materials are sold on site;

5.

Plant nursery and/or garden supply store;

6.

Small animal veterinary clinic; and

7.

Any other retail store, shop or establishment serving the community in the manner stated above and not listed in any other commercial or industrial zone and which is similar in character to those above enumerated and is not more obnoxious or detrimental to the area in which it is located, by reason of noise, offensive odor, smoke, dust, vibration, traffic congestion or danger to life and property than those uses enumerated above.

(Ord. 2002-39, Amended, 10/24/2002)

(Ord. No. 21-23, § 7, 9-28-2021)

For projects to be developed as a planned community shopping center there shall be submitted to the city building official prior to, or at the time of, a request for a building permit for any use in the shopping center a development plan for the entire shopping center. The development plan shall show the location of proposed buildings, the layout of the parking area in detail, the proposed points of ingress and egress, the location of proposed signs other than those to be attached to buildings, and the areas reserved for landscaping. The development plan shall be reviewed by the building official, the city engineer and the planning director for conformity with all city standards and specifications. The development plan shall be filed with the building official, who shall issue permits, when requested, for any building or use in conformity with this plan and the intent of this chapter.

(Ord. 2008-45, Amended, 07/24/2008)

A.

All buildings in a C-3 district shall be set back from street right-of-way lines and external lot lines to comply with the following requirements:

1.

All buildings shall sit back from the right-of-way line of an expressway system or a state or federal highway a minimum of twenty-five (25) feet from the right-of-way line or one hundred (100) feet from the center line of the right-of-way easement, whichever is greater; and

2.

All buildings shall sit back from the right-of-way line of an arterial system or a section line road or county highway a minimum of twenty-five (25) feet from the right-of-way line or seventy-five (75) feet from the center line of the right-of-way easement, whichever is greater.

3.

In any other case the minimum setback from all external lot lines shall be twenty-five (25) feet, except as provided in Section 18-404.1 of this code.

(Ord. 2008-34, Amended, 04/22/2008)

A.

The minimum size that may be designated as a planned community shopping center shall be five (5) acres.

B.

There shall be no maximum allowable height in this district.

(Ord. 2008-45, Amended, 07/24/2008)

A.

For developments meeting the criteria of a planned community shopping center there shall be a parking area of five parking spaces with maneuvering area per each one thousand (1,000) square feet of building development (gross floor area). The parking area shall be hard surfaced to standard city specifications and installed at the same time and in the same proportion to construction of each building in the shopping center.

B.

Developments not meeting the criteria of a planned community shopping center shall provide off-street parking meeting the requirements of Section 18-8-1-805 of this code.

(Ord. 2008-45, Amended, 07/24/2008)

Editor's note— Ord. No. 15-25, § 5, adopted Sept. 8, 2015, repealed § 18-6-10-607, which pertained to landscaping. Section 1 of said ordinance amended § 18-4-1-415 with similar provisions. See also the Code Comparative Table and Disposition List.

A.

For developments meeting the criteria of a planned community shopping center there shall not be any entrance to the shopping center, or entrance to any use located herein, closer to any intersection of an arterial street or section line road adjacent to the shopping center than one hundred thirty-five (135) feet.

B.

All entrances to a planned community shopping center on the same street shall not be closer to each other than one hundred (100) feet.

C.

Entrances to developments not meeting the criteria of a planned community shopping center shall meet the requirements of Section 18-8-1-803 of this code and Figures 6, 7, and 8 of this chapter.

(Ord. 2008-45, Amended, 07/24/2008)

The C-4 Tourist Commercial District is intended to accommodate those commercial activities necessary to supply the normal needs of tourists and the commercial reaction needs of residents. This district is intended to be located where there is a demonstrated need for such uses, where such uses will be convenient to potential users, and with careful consideration for the effects of such uses upon surrounding uses and the effects upon the traffic-carrying capacities of nearby streets or roads.

A.

The following uses shall be permitted in a C-4 Tourist Commercial District:

1.

Any use permitted in the C-1 Local Commercial District;

2.

All those uses permitted on review in a C-1 Local Commercial District except mobile home park or trailer court;

3.

Ambulance service, office and garage;

4.

Boat and marine sales and service in accordance with the provisions of Section 18-6-12-625, Open display uses, but not including manufacturing operations;

5.

Car and truck rental agency;

6.

Golf course, miniature or practice range;

7.

Institutional or fraternal building and use;

8.

Liquor/package store;

9.

Microbrewery, when associated with a restaurant located within the same building or where products prepared are retailed on the premises;

10.

Microdistillery, when associated with a restaurant located within the same building or where products prepared are retailed on the premises;

11.

Motel, hotel;

12.

Museums;

13.

New car franchise dealership and accessory uses incidental to the primary use in accordance with the provisions of Section 18-6-12-625, Open display uses;

14.

Novelty shop, retail;

15.

Offices, business and professional;

16.

Parking lot;

17.

Recreational center, public or private;

18.

Restaurant, cafeteria, drive-in restaurant;

19.

Roller skating rink;

20.

Gas station;

21.

Sightseeing tour dept;

22.

Souvenir shop;

23.

Sporting goods store, except the sale of live bait;

24.

Swimming pool, commercial;

25.

Theater, indoor and outdoor;

26.

Trailer, rental;

27.

Mixed beverage licensee or a beer and wine licensee selling alcoholic beverages for consumption on the premises;

28.

Dance hall; and

29.

Nursery or garden supply store.

(Ord. 2008-02, Amended, 02/08/2008; Ord. No. 09-23, § 1, 7-28-2009; Ord. No. 18-29, § 5, 9-25-2018; Ord. No. 22-22, § 2, 8-23-2022)

A.

The following uses may be permitted on review in accordance with provisions of Section 18-113 of this Code:

1.

Bait shop;

2.

Motorcycle sales and service provided that:

a.

The use conforms to the requirements of Section 18-625 of this Code "Open display uses";

b.

All service of vehicles be conducted within the building;

c.

Disassembly, removal or sale of property for the purpose of salvage be prohibited; and

d.

Outdoor storage of vehicles or vehicle parts shall be prohibited;

3.

Medical marijuana—Tier II processor, when associated with a dispensary located within the same building, and all processed materials are sold on site;

4.

Small animal veterinary clinic;

5.

Theater, movie, drive in;

6.

Travel trailer park;

7.

Travel trailer sales provided the use conforms to the requirements of Section 18-625 of this Code "open display uses;" and

8.

Any other store or shop for retail trade or for rendering personal, professional or business service not listed elsewhere which would be similar to and not more obnoxious than any of the uses listed above due to noise, dust, odor, smoke, vibration, heat, glare, danger to life and property or other similar causes.

(Ord. 2008-02, Amended, 02/08/2008; Ord. No. 21-23, § 8, 9-28-2021; Ord. No. 22-22, § 3, 8-23-2022)

The area requirements for dwellings shall be the same as the requirements of the R-4 Residential District.

A.

Except as provided in Section 18-613 of this code, all buildings shall be set back from street right-of-way lines to comply with the following front yard requirements:

1.

All buildings shall sit back from the right-of-way line of an expressway system or a state or federal highway a minimum of twenty-five (25) feet from the right-of-way line or one hundred (100) feet from the center line of the right-of-way easement, whichever is greater;

2.

All buildings shall sit back from the right-of-way line of a major arterial system or a section line road or county highway a minimum of twenty-five (25) feet from the right-of-way line or seventy-five (75) feet from the center line of the right-of-way easement, whichever is greater;

3.

On all public roads or streets other than expressway systems, major arterial systems, federal, state or county highways, and section line roads, all buildings shall sit back a minimum of twenty-five (25) feet from the right-of-way line or fifty (50) feet from the center line of the right-of-way easement, whichever is greater; however, if twenty-five percent (25%) or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line with a variation of not more than six feet, the minimum depth of the front yard shall be the average setback line established by the existing buildings. This regulation shall not require a front yard of greater depth than twenty-five (25) feet; and

4.

When a yard has double frontage, the front yard requirements shall be complied with on both streets.

A.

Except as provided in Sections 18-404.1 and 18-613 of this code, a side yard shall not be required for commercial buildings except as follows:

1.

Where property in this district abuts property in any other district, the minimum side yard required shall be the same as that required along the same property line in the abutting district; and

2.

The side yard setback adjacent to an expressway system, an arterial system, a federal, state or county highway, or a section line road shall be the same as the front yard setback required on these facilities.

(Ord. 2008-34, Amended, 04/22/2008)

A.

Except as provided in Sections 18-404.1 and 18-613 of this code, a rear yard shall not be required for commercial buildings except as follows:

1.

Where a commercial building is designed to be serviced from the rear, there shall be provided a rear yard of not less than thirty (30) feet for lots without alleys and twenty (20) feet for lots with alleys, including the alley; and

2.

Where the rear lot line abuts a multi-family residential district, no commercial building shall be erected closer than five (5) feet of the rear lot line.

(Ord. 2008-34, Amended, 04/22/2008)

Except for dwellings, the maximum coverage for buildings shall be not more than sixty percent (60%) of the lot area.

Buildings and uses shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Sections 18-801 et seq. of this code.

No building shall exceed fifteen (15) stories or one hundred sixty-five (165) feet, whichever be greater, except as provided in Section 18-405 of this code.

Editor's note— Ord. No. 15-25, § 6, adopted Sept. 8, 2015, repealed § 18-6-11-620, which pertained to landscaping and screening. Section 1 of said ordinance amended § 18-4-1-415 with similar provisions. See also the Code Comparative Table and Disposition List.

The C-5 General Commercial District is intended for the conduct of personal and business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods.

A.

Property and buildings in a C-5 General Commercial District shall be used only for the following purposes:

1.

Adult entertainment business as licensed by the city;

2.

Any use permitted in a C-1, C-2, C-3 or C-4 Commercial District;

3.

Automobile sales and service, new and used;

4.

Machinery sales and service, new and used;

5.

Garages, public, provided no gasoline is stored above ground and machinery repairing if conducted in conjunction with a retail agency and wholly within a completely enclosed building, but not including automobile or machinery wrecking establishments or junkyards;

6.

Bait shop;

7.

Bakery;

8.

Boathouse;

9.

Bus terminal;

10.

Carnival;

11.

Circus;

12.

Cleaning plant, commercial laundry or dry cleaning;

13.

Clothing or apparel store;

14.

Commercial school or hall;

15.

Department store;

16.

Electric transmission station;

17.

Feed and fuel store;

18.

Frozen food locker;

19.

Furniture repair and upholstery;

20.

Funeral parlor or mortuary;

21.

Heating, ventilating or plumbing supplies, sales and service;

22.

Interior decorating store;

23.

Ice storage locker plant or storage house for food;

24.

Key shop;

25.

Kennel;

26.

Laboratories, testing and experimental;

27.

Laundry;

28.

Leather goods shop;

29.

Medical marijuana processing—Tier II processor, when associated with a dispensary located within the same building, and all processed materials are sold on site;

30.

Medical marijuana research facility;

31.

Music, radio or television shop;

32.

Novelty shop;

33.

Pawnshop;

34.

Printing shop/plant;

35.

Research laboratories;

36.

Sign painting shop;

37.

Small animal veterinary clinic;

38.

Stock and bond broker;

39.

Toy store;

40.

Wholesale distributing center;

41.

Buildings, structures and uses accessory and customarily incidental to any of the above uses; but there shall be no manufacture, processing or compounding of products other than such as are customarily incidental and essential to retail establishments;

42.

Any other store or shop for retail trade or for rendering personal, professional or business service not listed elsewhere which does not produce more noise, odor, dust, vibration, blast or traffic than those enumerated

43.

Mixed beverage licensee or a beer and wine licensee selling alcoholic beverages for consumption on the premises; and

44.

Dance hall.

B.

Any article or material stored in connection with uses permitted under this section shall be so screened by permanent opaque ornamental fences or walls that it cannot be seen from adjoining streets or lots when viewed by a person standing on ground level; screening no less than six (6) feet nor more than eight (8) feet in height shall be required.

(Ord. 2008-02, Amended, 02/08/2008)

(Ord. No. 18-29, §§ 6, 8, 9-25-2018; Ord. No. 18-30, §§ 6, 14, 10-9-2018; Ord. No. 21-23, § 9, 9-28-2021)

A.

The following uses may be permitted on review in accordance with section 18-113:

1.

Commercial amusement enterprise;

2.

Mobile home park or trailer court;

3.

Parcel pickup storage and delivery service as defined by the I.C.C. regulations;

4.

Theater, movie, drive-in;

5.

Travel trailer park;

6.

Short-term storage and wholesale sale of repossessed property and property stored temporarily for the purpose of being conserved pending sale in accordance with the following conditions and requirements:

a.

No single item of personal property may be stored on said premises for a period of time in excess of four (4) weeks;

b.

Repossessed property, as used herein, is defined as being any personal property of which a lienholder has taken possession because of a default by the owner. Other personal property which has been damaged and upon which an insurance claim has been settled or is pending may be stored awaiting wholesale sale upon compliance with the other conditions herein;

c.

Such storage space shall be screened by a solid ornamental fence with a minimum height of six (6) feet, but no fence over eight (8) feet in height shall be required;

d.

The personal property or wrecked vehicles shall not be stacked on top of one another, and each item of the stored property shall be located in a manner to afford immediate access or inspection and movement;

e.

There shall be no disassembly, removal, sale or salvage of any parts from the personal property while the personal property remains stored on the premises; and

f.

The operator of such storage space shall keep on the premises adequate written records which shall be open and subject to examination by employees of the city engaged in enforcing this chapter, which records shall disclose as a minimum the following:

(1)

A description of the property sufficiently detailed to enable the property to be identified;

(2)

The name and address of the owner of such stored property;

(3)

The name and address of the person requesting that such property be stored; and

(4)

The date upon which such storage commenced;

7.

The following temporary restricted manufacturing uses may be temporarily permitted on review for a period not to exceed two years subject to the considerations in subsection A6 of this section:

a.

Book bindery;

b.

Engraving plant;

c.

Electrical equipment assembly;

d.

Electronic equipment assembly and manufacturing;

e.

Instrument and meter manufacturing;

f.

Jewelry and watch manufacturing;

g.

Leather goods fabrication;

h.

Optical goods manufacturing;

i.

Paper products manufacturing;

j.

Sporting goods manufacturing; and

k.

Shoe manufacturing;

8.

Considerations on review for uses in subsections a through k of subsection 5 of this section shall include but not be necessarily limited to:

a.

Evidence that the temporary use will not continue for a period of more than two (2) years;

b.

Availability of an existing structure for the proposed use;

c.

Adequacy of existing streets, parking, sewerage, water service and fire protection;

d.

Effect on economic growth of the community;

e.

Availability of facilities suitable for the proposed temporary use in an industrially zoned district;

f.

External effects beyond the lot boundaries from noise, vibration, heat, glare, pollutant discharge into the air, odors and other industrial wastes and by-products; and

9.

Building materials sales, subject to the following requirements:

a.

"Building material sales," as used herein, mean retail sales, from the premises, of materials used in the construction of buildings or other structures. Typical products offered for sale are lumber, tools and electrical, plumbing or mechanical supplies;

b.

There shall be no sales or bulk storage in the open yard of rock, sand or gravel;

c.

All open storage and display of merchandise material and equipment shall be screened by six-foot ornamental fencing when the use is adjacent to the side or the rear of a lot which is classified R-Residential or C-1, C-2, C-3 or C-4;

d.

All open storage areas shall be paved with sealed surface pavement to prevent dust production;

e.

No portion of the required parking lot shall be used as a display or sales area; and

f.

No manufacturing or fabrication of building materials is allowed;

10.

Medical marijuana growing associated with a medical marijuana dispensary when located within the same enclosed building;

11.

Medical marijuana—Tier III processor, when associated with a dispensary located within the same building;

12.

Crematorium.

(Ord. 2008-02, Amended, 02/08/2008)

(Ord. No. 18-30, § 7, 10-9-2018; Ord. No. 21-23, § 10, 9-28-2021; Ord. No. 24-037, § 2, 5-28-2024)

A.

The following uses shall be permitted in the C-5 General Commercial District, provided they comply with provisions of this section:

1.

Boat sales and service;

2.

Farm implements and machinery, new and used, sales;

3.

Metal and wood fencing, ornamental grillwork and decorative wrought-iron work and play equipment sales;

4.

Mobile home and travel trailer sales;

5.

Monument sales;

6.

New and used automobile sales;

7.

Prefabricated house sales;

8.

Trailers for hauling, rental and sales; and

9.

Any other retail commercial use not listed elsewhere which utilizes open storage and display of merchandise, material and equipment, which is similar in nature and does not produce more noise, odor, dust, vibration, blast or traffic than those enumerated above.

B.

The uses enumerated in Subsection A of this section shall comply with the following conditions:

1.

All open storage and display of merchandise, material and equipment shall be so screened by ornamental fencing that it cannot be seen by a person standing on ground level in an R-Residential or a C-1, C-2 or C-3 Commercial District when adjacent to the side or the rear of the lot on which the open storage or display occurs; screening shall be not less than six (6) feet nor more than eight (8) feet in height. Merchandise not immediately and actively being offered for sale, in addition to complying with the above screening requirements, shall be so screened by ornamental fences or by permanent buildings that it cannot be seen from a public street, except as provided below:

2.

All yards, unoccupied with buildings or merchandise or used as trafficways, shall be landscaped in accordance with Section 6-1-5-186 of this code;

3.

All of the lot used for open display uses including parking of vehicles and storage and display of merchandise for the following uses: mobile home and travel trailer sales and prefabricated house sales may have gravel surfacing at a minimum and shall be separated from the public right-of-way or easement by a barrier, curb, or tire stop installed in accordance with Section 18-8-1-804 of this code and shall be maintained in such a manner that no dust will be produced by continued use.

4.

All of the lot used for open display uses including parking of vehicles and storage and display of merchandise except for those uses listed in Section 18-625.B. 3 of this code shall be paved with hard surfaced pavement in accordance with Section 18-8-1-804 of this code and shall be separated from the public right-of-way or easement by a barrier, curb, or tire stop installed in accordance with Section 18-8-1-804 of this code and shall be maintained in such a manner that no dust will be produced by continued use.

5.

All driveways used for vehicle ingress and egress shall be paved with hard surfaced pavement in accordance with Section 18-8-1-804 of this code and be separated from the public right-of-way or easement by a barrier, curb, or tire stop installed in accordance with Section 18-8-1-804 and shall be maintained in such a manner that no dust will be produced by continued use;

6.

All servicing of vehicles or displayed merchandise carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building;

7.

Driveways used for ingress and egress shall not exceed twenty-five (25) feet in width, exclusive of curb returns; and

8.

Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent streets, and shall not be of a flashing or intermittent type, when within one hundred ten (110) feet of any residential zone.

(2000-30, Amended, 09/12/2000)

(Ord. No. 11-54, § 1, 11-29-2011)

A.

The area regulations for dwellings shall be the same as the requirements of the R-4 High-Density Apartment District.

B.

In cases where the C-5 General Commercial District land is used for both residential and commercial, the area of land used for commercial activity, including the structure and required off-street parking, shall be subtracted from the area of the lot and the remaining area shall be used in computing the area available for residential use using the density of the R-4 High-Density Apartment District, provided that where a single-family dwelling is used in combination with a commercial activity only three thousand five hundred (3,500) square feet of land area is required.

A.

Except as provided in Section 18-626 of this code, all buildings shall be set back from street right-of-way lines to comply with the following front yard requirements:

1.

All buildings shall sit back from the right-of-way line of an expressway system or a state or federal highway a minimum of twenty-five (25) feet from the right-of-way line or one hundred (100) feet from the center line of the right-of-way easement, whichever is greater; however, if twenty-five percent (25%) or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line with a variation of not less than six feet, the minimum depth of the front yard shall be the average setback line established by the existing buildings. This regulation shall not require a front yard of greater depth than twenty-five (25) feet; and

2.

All buildings shall sit back from the right-of-way line of a major arterial system or a section line road or county highway a minimum of twenty-five (25) feet from the right-of-way line or seventy-five (75) feet from the center line of the right-of-way easement, whichever is greater; however, if twenty-five percent (25%) or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line with a variation of not more than six feet, the minimum depth of the front yard shall be the average setback line established by the existing buildings. This regulation shall not require a front yard of greater depth than twenty-five (25) feet.

B.

There are no specific front yard requirements for uses other than dwellings and the front yard requirements stated in this section.

A.

Except as provided in Sections 18-404.1 and 18-626 of this code, a side yard shall not be required for commercial buildings except as follows:

1.

Where property in this district abuts property in any multi-family residential district, the minimum side yard required shall be the same as that required along the same property line in the abutting multi-family residential district; and

2.

The side yard setback adjacent to an expressway system, an arterial system, a federal, state or county highway, or a section line road shall be the same as the front yard setback required on these facilities.

(Ord. 2008-34, Amended, 04/22/2008)

A.

Except as provided in Sections 18-404.1 and 18-626 of this code, a rear yard shall not be required for commercial buildings except as follows:

1.

Where a commercial building is designed to be serviced from the rear, there shall be provided a rear yard of not less than thirty (30) feet for lots without alleys and twenty (20) feet for lots with alleys, including the alley; and

2.

Where the rear lot line abuts a multi-family residential district, no commercial building shall be erected closer than five (5) feet of the rear lot line.

(Ord. 2008-34, Amended, 04/22/2008)

Except for dwellings, buildings and uses shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Sections 18-801 et seq. of this code.

The height regulations for dwellings shall be the same as those of the R-4 Residential District. For other uses no height restrictions are required.

Editor's note— Ord. No. 15-25, § 7, adopted Sept. 8, 2015, repealed § 18-6-12-632, which pertained to landscaping. Section 1 of said ordinance amended § 18-4-1-415 with similar provisions. See also the Code Comparative Table and Disposition List.

The CBD Central Business District is composed of variable land uses all of which are, by nature, intensive. The wide variety of businesses in the area are a major attraction to many local and regional shoppers even though the area and many of the buildings are the oldest in the city. With the renewal of a large portion of the CBD area, it is reasonable to assume greater attraction to area investments by shoppers and businessmen alike. It is the intent of this article to complement the area's redevelopment by protecting and encouraging the investments of time and money in the heart of the city, by protecting pedestrian traffic, by encouraging a compatible mixture and diversity of land uses, and by creating a pleasing environment for visitors, shoppers and businessmen. It is expressly provided that in all cases of conflict between the provisions of this article and the OKLA R-37 Urban Renewal Plan, as amended, that the provision of the OKLA R-37 Urban Renewal Plan shall control.

(2000-30, Amended, 09/12/2000)

A.

Property and buildings in the CBD may be used for any of the following uses:

1.

Any retail or wholesale trade completely enclosed in a single structure;

2.

Any business or professional office;

3.

Mixed beverage licensee or a beer and wine licensee selling alcoholic beverages for consumption on the premises;

4.

Day care centers;

5.

Hotel and motel accommodations;

6.

Medical marijuana dispensary;

7.

Medical marijuana—Tier I processor, when associated with a dispensary located within the same building, and all processed materials are sold on site;

8.

Restaurants;

9.

Any use permitted in R-4 High-Density Apartment District;

10.

Theaters;

11.

Private, nonprofit associations, including but not limited to churches, YMCA and fraternal orders;

12.

Public facilities.

13.

Carnival;

14.

Circus.

(95-20, Amended, 05/09/1995; Ord. 2007-32, Amended, 05/11/2007)

(Ord. No. 18-29, § 7, 9-25-2018; Ord. No. 18-30, §§ 8, 14, 10-9-2018; Ord. No. 21-23, § 11, 9-28-2021)

A.

The following uses may be permitted on review in accordance with provisions contained in Section 18-113 of this code:

1.

Service station;

2.

Any open display commercial establishments, including but not limited to new and used car sales as long as they are located on a designated major thoroughfare and will not interfere with the normal flow of pedestrian traffic between commercial uses;

3.

Any highway-oriented commercial establishment, including but not limited to drive-in restaurants and offices as long as their location will not interfere with the normal flow of pedestrian traffic between commercial uses;

4.

Very light fabricating, processing, repair or manufacturing establishments whose functional power requirements do not exceed one kilowatt of electric power (examples would include small manufacturing jewelers, engravers, tailors whose sales are exclusively retail); and

5.

Any use which is similar to the uses enumerated above, any use which is not clearly pedestrian oriented, and any commercial or residential use which, in the opinion of the planning director is not a use permitted, may be permitted on review;

6.

Medical marijuana—Tier II processor, when associated with a dispensary located within the same building, and all processed materials are sold on site.

(Ord. No. 21-23, § 12, 9-28-2021)

A.

All buildings in the CBD district shall be set back from the street right-of-way lines to comply with the following front yard requirements:

1.

All buildings shall sit back from the right-of-way line of an expressway system or a state or federal highway or major arterial system or a section line road or county highway a minimum of twenty-five (25) feet from the right-of-way line or seventy-five (75) feet from the center line of the right-of-way easement, whichever is greater; and

2.

When a yard has double frontage, the front yard requirements shall be complied with on both streets.

B.

There are no specific front yard requirements other than those stated above.

(2000-30, Amended, 09/12/2000)

A.

Except as provided in Section 18-404.1 of this code, the side and rear yard setbacks for buildings within the CBD zoning district shall be as follows:

1.

Side and rear yards not otherwise a result of abutting or residential yard requirements are not required in the CBD Zone.

2.

In cases where lots of different zoning designations abut, the required side yard of the more restrictive shall apply along the common lot line.

3.

Residential yards shall meet the requirements set forth in Sections 18-558 et seq. of this code (R-4 high density apartment district) for multifamily dwellings.

(Ord. 2008-34, Amended, 04/22/2008)

(2000-30, Amended, 09/12/2000)

Any plat or use restriction on or use authorized for any property within the designated OKLA R-37 Urban Renewal Project Area, as it may be extended by proper authority, shall be recognized as in accordance with this article.

(2000-30, Amended, 09/12/2000)

A.

No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground.

B.

All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or attractive to vermin shall be stored only in closed metal, plastic or other suitable leakproof containers.

C.

Devices for the outdoor storage of refuse and waste of any form shall not obstruct any portion of a legally required easement or public right-of-way. These and any containers previously referred to in this section shall be adequately screened so as not to be visible from adjacent property except to facilitate waste collection and to prevent transfer off the lot by natural or other causes any materials not stored in closed containers.

A.

Sections 18-801 et seq. of this code shall be applicable to any facility in the CBD zoning district.

B.

Parking can be provided by the owner, leased from another private entity or leased from the city parking authority or its legally designated successor.

Sign regulations in the CBD Central Business District shall be as set out in Sections 18-941 et seq. of this code.

Adult entertainment businesses as defined in Chapter 7 of this Code, are not a permitted activity in the CBD.

The I-1 Restricted Manufacturing and Warehouse District is intended primarily for manufacturing and assembly plants and warehousing that are conducted so the noise, odor, dust and glare of each operation is completely confined within an enclosed building. These industries may require direct access to rail, air or street transportation facilities. The size and volume of the raw materials and finished products involved should not produce the volume of freight generated by the uses of the light and heavy industrial districts. Buildings in this district should be architecturally attractive and surrounded by landscaped yards.

A.

Property and buildings in an I-1 Restricted Manufacturing and Warehouse district shall be used only for the following purposes:

1.

Adult entertainment business as defined in Chapter 7 of this Code;

2.

Any use, except a residential use, permitted in a C-5 General Commercial District. No dwelling uses shall be permitted;

3.

Automobile body repair and paint shop;

4.

Bakery;

5.

Bottling works;

6.

Book bindery;

7.

Candy manufacture;

8.

Digital asset mining business, subject to written clearance from the local electrical provider that there is sufficient infrastructure in place to safely support the use at their specific location with sufficient reserves for future development of adjacent properties;

9.

Engraving plant;

10.

Electrical equipment assembly;

11.

Electronic equipment assembly and manufacture;

12.

Food products processing, packing;

13.

Furniture manufacture;

14.

Instrument and meter manufacturing;

15.

Jewelry and watch manufacturing;

16.

Laundry and cleaning establishment;

17.

Leather goods fabrication;

18.

Macrobrewery;

19.

Medical marijuana commercial growing facility within an enclosed building;

20.

Medical marijuana—Tier III processor;

21.

Microbrewery;

22.

Microdistillery;

23.

Optical goods manufacturing;

24.

Paper products manufacturing;

25.

Shoe manufacturing;

26.

Sporting goods manufacturing;

27.

Theater, movie, drive-in; and

28.

Wholesale or warehousing enterprises.

B.

All the uses permitted under this section shall have their primary operations conducted entirely within enclosed buildings and shall not emit any dust or smoke or noxious odor or fumes outside the building housing the operation or produce a noise level at the property line that is greater than the average noise level occurring on the adjacent street. Any article or material stored temporarily outside an enclosed building as an incidental part of the primary operation shall be so screened by opaque ornamental walls and fences that it cannot be seen from adjoining public streets or lots when viewed by a person standing at ground level; however, screening shall be not less than six (6) feet nor more than eight (8) feet in height.

(Ord. 2008-02, Amended, 02/08/2008; Ord. No. 18-30, §§ 9, 14, 10-9-2018; Ord. No. 21-23, § 13, 9-28-2021; Ord. No. 22-22, § 4, 8-23-2022; Ord. No. 24-037, § 3, 5-28-2024; Ord. No. 24-058, § 2, 9-10-2024)

The following uses may be permitted on review in accordance with the provisions contained in Section 18-113 of this code: Any other manufacturing or warehousing use not listed elsewhere which would be similar to and not more obnoxious than any of the uses listed in Section 18-646 due to noise, dust, odor, smoke, vibration, heat, glare, trucking requirements, danger to life and property or other similar causes and subject to the same restrictions as all other uses in this district.

A.

All buildings in an I-1 district shall be set back from the street right-of-way lines to comply with the following front yard requirements:

1.

All buildings shall sit back from the right-of-way line of an expressway system or a state or federal highway a minimum of twenty-five (25) feet from the right-of-way or one hundred (100) feet from the center line of the right-of-way easement, whichever is greater;

2.

All buildings shall sit back from the right-of-way line of a major arterial system or a section line road or county highway a minimum of twenty-five (25) feet from the right-of-way line or seventy-five (75) feet from the center line of the right-of-way easement, whichever is greater;

3.

On all public roads or streets other than expressway systems, major arterial systems, federal, state or county highways, and section line roads, all buildings shall sit back a minimum of twenty-five (25) feet from the right-of-way line or fifty (50) feet from the center line of the right-of-way easement, whichever is greater; however, if twenty-five percent (25%) or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line with a variation of not more than six (6) feet, the minimum depth of the front yard shall be the average setback line established by the existing buildings. This regulation shall not require a front yard of greater depth than twenty-five (25) feet; and

4.

When a yard has double frontage the front yard requirements shall be complied with on both streets.

A.

Except as provided in Section 18-404.1 of this code, a side yard shall not be required for buildings in the I-1 district except as follows:

1.

Where property in this district abuts property in any multi-family residential district, the minimum side yard required shall be the same as that required along the same property line in the abutting multi-family residential district.

2.

The side yard setback adjacent to an expressway system, an arterial system, a federal, state or county highway, or a section line road shall be the same as the front yard setback required on these facilities.

(Ord. 2008-34, Amended, 04/22/2008)

A.

Except as provided in Section 18-404.1 of this code, no building in an I-1 district shall be located closer than twenty (20) feet to the rear lot line; however, when a rear yard in this district abuts a railroad easement, no rear yard shall be required, nor shall one be required when the rear lot line abuts a dedicated alley and the structure meets the fire limits standards as adopted by the city.

B.

When a building is designed to be serviced from the rear, there shall be provided a rear yard setback of not less than thirty (30) feet for lots without alleys and ten (10) feet for lots with alleys, not including the alley.

C.

Where the rear lot line abuts a multi-family residential district, no structure shall be erected closer than five (5) feet of the rear lot line.

(Ord. 2008-34, Amended, 04/22/2008)

Buildings and uses shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Sections 18-801 et seq. of this code.

Main and accessory buildings shall not cover more than eighty-five percent (85%) of the lot area.

(2000-30, Amended, 09/12/2000)

Yards and open spaces existing around buildings shall be landscaped and maintained in a neat condition. Such landscaping shall meet the applicable provisions of Section 6-1-5-186 of this code, except that the total number of landscaping points required shall be one point per square yard of open area.

(2000-30, Amended, 09/12/2000)

(Ord. No. 11-53, § 9, 11-29-2011)

There shall be no height restriction in the I-1 district.

(2000-30, Amended, 09/12/2000)

Whenever an I-1 Restricted Manufacturing and Warehouse District abuts or is adjacent to any residential district, there shall be screening by opaque ornamental fences or walls not less than six (6) feet nor more than eight (8) feet in height and evergreen trees which will, at maturity, exceed the height of the primary building to be screened installed along the side facing the residential district. The screening shall be well maintained. The use of chain link fencing with vinyl or metal inserts is prohibited.

(2000-30, Amended, 09/12/2000; Ord. No. 11-53, § 10, 11-29-2011)

The I-2 Industrial Park District is intended to be located between light or heavy industrial areas and residential areas or in locations which are served by railroad and major roads but are not feasible for light or heavy industrial developments because of proximity to residential uses. The regulations for this district are intended to encourage parklike industrial development compatible with surrounding or abutting residential districts, with suitable open spaces, landscaping and parking areas. To these ends, development is limited to a low concentration; external effects are limited; and permitted uses are confined to those administrative, wholesaling and manufacturing activities that can be carried on in an unobtrusive manner and to certain facilities that are necessary to serve the employees of the district.

A.

The following uses are permitted in the I-2 Industrial Park District:

1.

Any use, except a residential use and commercial activity permitted in a C-5 General Commercial District, listed in an I-1 district;

2.

The manufacturing, compounding, processing, packaging, treatment or fabrication of bakery goods, candy, ceramics, cosmetics, clothing, electrical, optical, photographic and electronic components or equipment and other similar instruments and small machines, jewelry, pharmaceuticals, toiletries, furniture and food products, except fish and meat products, sauerkraut, vinegar, yeast, rendering or refining of fats, oils or intestines;

3.

Medical marijuana processing facility—Tier IV processor;

4.

The treatment, reproducing, printing or binding of newspapers, magazines, books, photos and maps;

5.

The manufacturing, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stones, shell, textiles, wood and yarns;

6.

Office, professional, business or administrative;

7.

Laboratories, commercial, testing, experimental, research or other;

8.

Storage, warehousing and sale at wholesale, subject to the provisions of specific districts in Articles 5 and 6 of this chapter;

9.

Incidental sale at retail of any commodity manufactured or processed on the premises;

10.

Accessory uses clearly appurtenant to the main use of the lot and customarily associated with the main use;

11.

Employee recreation areas, spaces or structures; and

12.

Fire station.

(Ord. No. 18-30, §§ 10, 14, 10-9-2018; Ord. No. 21-23, § 14, 9-28-2021)

A.

The following uses may be permitted on review in accordance with the provisions of Section 18-113 of this code:

1.

Retail sales and service outlets for employees in the district;

2.

Utility transmission stations; and

3.

Any other industrial use not listed elsewhere which would be similar to and not more obnoxious than any of the uses listed in Section 18-658 of this code above due to noise, dust, odor, smoke, vibration, heat, glare, trucking requirements, danger to life and property or other similar causes and subject to the same restrictions as all other uses in this district.

A.

All lots shall meet the following requirements, and all buildings shall be set back from street right-of-way lines or lot lines to comply with the following yard requirements:

1.

The minimum lot area for any use permitted in this district shall be not less than one acre except that smaller lots for recreation areas and retail sales and service outlets for employees of the industrial park may be permitted on review in accordance with provisions contained in Section 18-113 of this code; and

2.

The minimum lot width shall be one hundred fifty (150) feet at a distance of forty (40) feet back from the front lot line, except that a minimum width of one hundred (100) feet may be permitted for recreation areas and retail sales and service outlets for employees of the industrial park.

A.

The minimum depth of the front yard in the I-2 district shall be forty (40) feet, provided that the front yard is increased one foot for each one foot the building exceeds thirty-five (35) feet in height.

B.

Each lot in the I-2 district shall have side yards of not less than twenty (20) feet in width, provided that the side yard is increased one foot for each one foot the building exceeds twenty (20) feet in height.

C.

Except as provided in Section 18-404.1 of this code, the minimum depth of the rear yard for any building shall be twenty (20) feet, provided that the rear yard is increased one foot for each one foot the building exceeds thirty-five (35) feet in height.

(Ord. 2008-34, Amended, 04/22/2008)

A.

Main and accessory buildings shall not cover more than forty percent (40%) of the lot area.

B.

Buildings and uses shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Sections 18-801 et seq. of this code.

No building shall exceed two and one-half (2-½) stories or thirty-five (35) feet in height, whichever is greater, without the written approval of the planning commission and the council.

A.

All of the following requirements shall be complied with:

1.

The minimum size area that will be considered for an I-2 Industrial Park District is sixty (60) acres;

2.

No dwelling uses shall be permitted, except sleeping facilities for caretakers and nightwatchmen employed on the premises;

3.

All uses permitted in this district shall be conducted in enclosed buildings, except storage, parking of vehicles, loading and unloading identification sign and similar uses;

4.

All open areas used for storage or for parking or loading of vehicles over one and one-half (1-½) tons rated capacity shall be enclosed by a solid wall or fence with solid entrance and exit gates. Such wall or fence shall be a minimum of six feet in height. In no case shall materials be stacked or stored so as to exceed the height of the fence;

5.

All open portions of any lot shall have adequate grading and drainage and shall be continuously maintained in a dustfree condition by suitable landscaping with trees, shrubs or planted ground cover, or by paving with asphaltic concrete, rock, oil surfacing, Portland cement concrete or other resilient materials;

6.

No building shall be constructed within one hundred (100) feet of a residential district, and no fence shall be constructed within forty (40) feet of an abutting residential district, exclusive of streets;

7.

The forty (40) feet of yard space (not counting streets) nearest to an abutting residential district shall be used as a planting strip, on which shall be placed evergreen trees which will, at maturity, exceed the height of the primary building to be screened; and required front yards, any required side yard facing the street on a corner lot, and any required rear yard facing a street shall be permanently maintained in suitable landscaping meeting the applicable provisions of Section 6-1-5-186 of this Code, except that the total number of landscaping points required shall be one point per square yard of open area.

(Ord. No. 11-53, § 11, 11-29-2011)

A.

The following limitations shall be imposed upon external effects of any use permitted in the I-2 district:

1.

Noise created by any use in the district shall not be discernible without instruments at the lot boundaries;

2.

No vibration shall be permitted which is discernible without instruments at the lot boundaries;

3.

No glare or heat shall be perceptible at any point beyond the lot boundaries;

4.

No discharge into the air of any dust, dirt or particulate matter created by any industrial operation or emanating from any products shall be permitted;

5.

No discharge into the air of any smoke shall be permitted. No fuel, except gas, electricity or solar energy, shall be permitted, except that the use of atomic energy may be permitted subject to securing the written permission of the planning commission and the council after demonstration that all safety precautions will be adequately taken;

6.

No odors shall be perceptible beyond the lot boundaries; and

7.

Industrial wastes shall be disposed of in a safe and sanitary manner, and in no case shall wastes be stored on the premises for a period longer than what shall be determined as reasonable in each case by the planning commission and the council, nor shall any open ponding or settling basins be allowed in an I-2 district.

A.

All parking shall be off the street and shall be located on the same lot or parcel of land as the structure it is intended to serve but shall not be located in any required front yard, in the required side yard facing the street on a corner lot, nor in the required rear yard in the case of a double frontage lot.

B.

All truck loading shall be off the street and shall not occupy any part of any required front yard or any side yard facing the street on a corner lot, nor any required rear yard on a double frontage lot. In no case shall the required off-street loading space be part of the area used to satisfy the off-street parking requirements.

A site plan showing the location of off-street parking and loading spaces, sufficient space for maneuvering, safe and adequate access to and from public rights-of-way, and landscaping shall be submitted to the planning commission and council for approval prior to the issuance of a building permit, plumbing permit or electrical permit for any lot.

The I-3 Light Industrial District is intended primarily for the conduct of manufacturing, assembling and fabrication. These uses do not depend primarily on frequent personal visits of customers or clients but usually require good accessibility to major rail, air or street transportation facilities.

A.

Property and buildings in an I-3 Light Industrial District shall be used only for the following purposes:

1.

Any use, except dwellings, permitted in the C-5 General Commercial District or in the I-1 Industrial District. No dwelling use, except sleeping facilities required by caretakers or nightwatchmen employed on the premises, shall be permitted in an I-3 Industrial District;

2.

Any of the following uses:

a.

Building material, sales yard and lumberyard, including the sale of rock, sand, gravel and the like as an incidental part of the main business, but not including a concrete batch plant or transit mix plant;

b.

Contractor's equipment storage yard or plant, or rental of equipment commonly used by contractors;

c.

Freighting or trucking yard or terminal, oil field equipment storage yard, public utility service yard or electrical receiving or transforming station; and

d.

No article or material permitted in this paragraph 2 above shall be kept, stored or displayed outside of a building unless it be screened by a fence or wall having a height of not less than six feet nor more than eight feet;

3.

The following uses when conducted within a completely enclosed building:

a.

Medical marijuana processing facility—Tier IV processor;

b.

The manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries and food products;

c.

The manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stone, shell, textiles, tobacco, wood, yarn, and paint not employing a boiling process;

d.

The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas;

e.

The manufacture and maintenance of electric and neon signs, commercial advertising structure, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves and the like;

f.

Manufacture of musical instruments, toys, novelties, and rubber and metal stamps;

g.

Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and overhauling, tire retreading or recapping, and battery manufacturing;

h.

Machine shop;

i.

Foundry casting lightweight nonferrous metal not causing noxious fumes or odors; and

j.

Assembly of electrical appliances, electronic instruments and devices, radios and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers, crystal holders and the like; and

4.

Buildings, structures and uses accessory and customarily incidental to any of the above uses.

B.

The uses permitted under this section shall be conducted in such a manner that no noxious odor, fumes or dust will be emitted beyond the property line of the lot on which the use is located.

(2000-30, Amended, 09/12/2000)

(Ord. No. 18-30, §§ 11, 14, 10-9-2018; Ord. No. 21-23, § 15, 9-28-2021)

A.

The following uses may be permitted on review in accordance with the provisions of Section 18-113 of this code:

1.

Sale barn;

2.

Concrete batch plant or transit mix plant;

3.

Any other manufacturing, warehousing or industrial use not listed elsewhere which would be similar to and not more obnoxious than any of the uses listed in Section 18-671 of this code due to noise, dust, odor, smoke, vibration, heat, glare, trucking requirements, danger to life and property or other similar causes and subject to the same restrictions as all other uses in this district.

A.

All buildings in an I-3 district shall be set back from street right-of-way lines to comply with the following front yard requirements:

1.

All buildings shall sit back from the right-of-way line of an expressway system or a state or federal highway a minimum of twenty-five (25) feet from the right-of-way line or one hundred (100) feet from the center line of the right-of-way easement, whichever is greater; however, if twenty-five percent (25%) or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line with a variation of not less than six feet, the minimum depth of the front yard shall be the average setback line established by the existing buildings. This regulation shall not require a front yard of greater depth than twenty-five (25) feet; and

2.

All buildings shall sit back from the right-of-way line of a major arterial system or a section line road or county highway a minimum of twenty-five (25) feet from the right-of-way line or seventy-five (75) feet from the center line of the right-of-way easement, whichever is greater; however, if twenty-five percent (25%) or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line with a variation of not more than six feet, the minimum depth of the front yard shall be the average setback line established by the existing buildings. This regulation shall not require a front yard of greater depth than twenty-five (25) feet.

B.

There are no specific front yard requirements for buildings in this district other than the front yard requirements stated in this section.

A.

Except as provided in Section 18-404.1 of this code, a side yard shall not be required for buildings in the I-3 district except as follows:

1.

Where property in this district abuts property in any multi-family residential district, the minimum side yard required shall be the same as that required along the same property line in the abutting multi-family residential district;

2.

The side yard setback adjacent to an expressway system, an arterial system, a federal, state or county highway, or a section line road shall be the same as the front yard setback required on these facilities.

(Ord. 2008-34, Amended, 04/22/2008)

A.

Except as provided in Section 18-404.1 of this code, a rear yard shall not be required for buildings in the I-3 district except as follows:

1.

Where a building is designed to be serviced from the rear, there shall be provided a rear yard of not less than thirty (30) feet for lots without alleys and twenty (20) feet for lots with alleys, including the alley; and

2.

Where the rear lot line abuts a multi-family residential district, no building shall be erected closer than five (5) feet of the rear lot line.

(Ord. 2008-34, Amended, 04/22/2008)

Buildings and uses shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Sections 18-801 et seq. of this code.

Where a lot adjoins a residential district, the building shall not exceed forty-five (45) feet, unless one additional foot of setback over and above the required yard setback is provided for each foot of additional building height above forty-five (45) feet, except as provided in Section 18-405 of this code. There shall be no other height restrictions for this district.

(2000-30, Amended, 09/12/2000)

Whenever a use requires the I-3 Light Industrial District and abuts, is adjacent to or is directly across a street, way, road, alley or easement from any residential district, there shall be screening by opaque ornamental fences or walls not less than six feet nor more than eight feet in height installed along the side facing the residential district. The screening shall be well maintained. If the industrial parcel is of such unusual size, shape or topography that the screening fence will not function to block the view from the abutting residential district, the screening fence will not be required. If the proposed use of the industrial parcel is a permitted use in a lower zoning classification than the screening requirements shall follow the lower zoning classification.

(2000-30, Amended, 09/12/2000)

(Ord. No. 23-37, § 1, 9-12-2023)

The I-4 Heavy Industrial District is intended to provide for heavy industrial uses and other uses not otherwise provided for in the districts established by this chapter. The intensity of uses permitted in this district makes it most desirable that they be located downwind and separated from residential and commercial uses.

A.

Property and buildings in an I-4 Heavy Industrial District may be used for any use authorized by this chapter except the following:

1.

All residential uses except sleeping facilities required by nightwatchmen and caretakers employed upon the premises;

2.

All uses listed in Section 18-6-17-682;

3.

All uses not complying with this chapter or any other county, state or federal regulations or law; and

4.

Carnival and/or circus.

(Ord. 2004-21, Amended, 06/24/2004; 95-20, Amended, 05/09/1995)

(Ord. No. 18-30, § 12, 10-9-2018)

A.

The following uses may be permitted on review in accordance with the provisions of Section 18-113:

1.

Acid manufacture;

2.

Cement, lime or gypsum manufacture;

3.

Commercial feed pens for livestock;

4.

Explosives, manufacture or wholesale storage;

5.

Medical marijuana commercial growing facility, outdoor;

6.

Natural gas production and distribution;

7.

Petroleum production and refining;

8.

Wholesale or bulk storage of gasoline, propane or butane, or other petroleum products;

9.

Disposal plants of all types, including trash and garbage, sewage treatment, including lagoons and compost plants;

10.

Automobile salvage yard or junkyard;

11.

Building materials salvage yard;

12.

Junkyard or salvage yard of any kind;

13.

Scrap metal storage yard; and

14.

Any use not otherwise authorized by this chapter.

(Ord. No. 18-30, §§ 13, 14, 10-9-2018)

A.

All buildings in the I-4 district shall be set back from street right-of-way lines to comply with the following front yard requirements:

1.

All buildings shall sit back from the right-of-way line of an expressway system or a state or federal highway a minimum of twenty-five (25) feet from the right-of-way line or one hundred (100) feet from the center line of the right-of-way easement, whichever is greater; however, if twenty-five percent (25%) or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line with a variation of not less than six feet, the minimum depth of the front yard shall be the average setback line established by the existing buildings. This regulation shall not require a front yard of greater depth than twenty-five (25) feet; and

2.

All buildings shall sit back from the right-of-way line of a major arterial system or a section line road or county highway a minimum of twenty-five (25) feet from the right-of-way line or seventy-five (75) feet from the center line of the right-of-way easement, whichever is greater; however, if twenty- five percent (25%) or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line with a variation of not more than six feet, the minimum depth of the front yard shall be the average setback line established by the existing buildings. This regulation shall not require a front yard of greater depth than twenty-five (25) feet.

B.

There are no specific front yard requirements for buildings in this district other than the front yard requirements stated in Subsection A hereof.

A.

Except as provided in Section 18-404.1 of this code, a side yard shall not be required for buildings in the I-4 district except as follows:

1.

Where property in this district abuts property in any multi-family residential district, the minimum side yard required shall be the same as that required along the same property line in the abutting multi-family residential district; and

2.

The side yard setback adjacent to an expressway system, an arterial system, a federal, state or county highway, or a section line road shall be the same as the front yard setback required on these facilities.

(Ord. 2008-34, Amended, 04/22/2008)

A.

Except as provided in Section 18-404.1 of this code, a rear yard shall not be required for buildings in the I-4 district except as follows:

1.

Where a commercial or industrial building is designed to be serviced from the rear, there shall be provided a rear yard of not less than thirty (30) feet for lots without alleys and twenty (20) feet for lots with alleys, including the alley; and

2.

Where the rear lot line abuts a multi-family residential district, no building shall be erected closer than five (5) feet of the rear lot line.

(Ord. 2008-34, Amended, 04/22/2008)

Buildings and uses in an I-4 district shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Sections 18-801 et seq. of this code.

Where a lot adjoins a dwelling district, the building shall not exceed forty-five (45) feet, unless one additional foot of setback over and above the required yard setback is provided for each foot of additional building height above forty-five (45) feet, except as otherwise provided in Section 18-405 of code. There shall be no other height restrictions for this district.

A.

Whenever an I-4 Heavy Industrial District abuts, is adjacent to or is directly across the street, way, road, alley or easement from any residential district, there shall be screening or ornamental fences or walls, not less than six feet nor more than eight feet in height along the side facing the residential district. The screening shall be well maintained. However, if the industrial parcel is of such unusual size, shape or topography that the screening fence will not function to block the view from the abutting residential district, the screening fence will not be required.

B.

Property and buildings in an I-4 Heavy Industrial District when used for the following purposes shall have the use thereon conducted in such a manner that all operation, display or storage of materials or equipment is completely screened:

1.

Automobile salvage yard or junkyard;

2.

Building materials salvage

3.

Junkyard or salvage yard of any kind; and

4.

Scrap metal storage yard.

However, the above uses need not be screened from each other when separated by only a property line. The city council may issue a certificate of exemption of screening requirements to salvage operators exempting screening on certain local streets when the above uses are separated from each other by a local street or when the above uses are separated by a local street, from vacant land or a nonconforming salvage operation.

C.

In cases where screening is exempted by the council as provided for in Subsection B of this section above, the salvage operator shall perform the following:

1.

There shall be a chain link or cyclone security fence located around the perimeter of the salvage yard and maintained in a good orderly fashion. This fence shall not exceed the property lines;

2.

There shall be no storage, placement or parking either temporarily or permanently on the dedicated street rights-of-way except such rights-of-way which have been officially closed by the city council; and

3.

The street right-of-way located between the above-mentioned security fence and the street shall be landscaped and maintained in a neat, orderly fashion by the operator of the salvage business.

D.

Construction and maintenance requirements:

1.

There shall be a solid wood, decorative metal, solid wall or other decorative opaque material as required in Subsection B above or a chain link, or cyclone fencing as required in Subsection C above located around the perimeter of the junk, scrap or salvage yard and maintained in good order. This fence shall not exceed the property line;

2.

Evergreen planting shall be of a sufficient height to visually screen the salvage storage area. It may be used in combination with opaque fences or walls but shall not be acceptable to meet screening requirements until the average height of the plants are six feet high;

3.

There shall be no storage, placement or parking either temporarily or permanently on the dedicated street rights-of-way except such rights-of-way which have been officially closed by the council;

4.

The street right-of-way located between fences, walls or screening and the street shall be landscaped and neatly maintained;

5.

Screening as required in Subsection B above shall be made of opaque materials and constructed, designed and arranged to provide visual separation of uses;

6.

Fencing shall not be less than six nor more than eight feet in height;

7.

The fence shall be designed so that all braces and support will be in the interior of the fence or wall when abutting a public right-of-way; and

8.

The fencing as required in Subsection B and C above shall be maintained by the salvage operator of the lot.

E.

Failure to maintain property to erect screening, wall, fence or permanent evergreen planting for the above requirements shall be enforced by the building official under Section 18-408 of this code.

(2000-30, Amended, 09/12/2000)

A.

The F Floodplain District is intended to comprise those areas which are subject to periodic or occasional flooding and therefore are unsuited for all residential uses and for most commercial and industrial uses. It is intended that the area be retained in the F Floodplain District only until danger from flooding is eliminated.

B.

The city engineer shall ensure that the land use and control measures set forth in subsections C through F of this section;

1.

Take into account floodplain management programs, if any, already in effect in neighboring areas;

2.

Apply at a minimum to all areas identified by the Federal Flood Insurance Administration as floodplain areas having special flood hazards; and

3.

Provide that within the floodplain area having special flood hazards, these regulations and other measures designed to reduce flood losses shall take precedence over any conflicting laws, ordinances or codes.

C.

The city engineer shall have the overall responsibility, authority and means to implement the following:

1.

All building permit applications for major repairs within the floodplain area having special flood hazards shall be reviewed by the city engineer to determine that the proposed repair:

a.

Uses construction materials and utility equipment that are resistant to flood damage; and

b.

Uses construction methods and practices that will minimize flood damage.

D.

The city engineer shall review building permit applications for new construction or substantial improvements within the floodplain area having special flood hazards to assure that the proposed construction (including prefabricated and mobile homes):

1.

Is protected against flood damage;

2.

Is designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure;

3.

Uses construction materials and utility equipment that are resistant to flood damage; and

4.

Uses construction methods and practices that minimize flood damage.

E.

The city engineer shall review subdivision proposals and other proposed new developments to assure that:

1.

All such proposals are consistent with the need to minimize flood damage;

2.

All public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated or constructed to minimize or eliminate flood damage; and

3.

Adequate drainage is provided so as to reduce exposure to flood hazards.

F.

The city engineer, in reviewing proposed new or replacement water supply systems or sanitary sewage systems, shall determine that such systems:

1.

Are designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters;

2.

That on-site waste disposal systems are located so as to avoid impairment of them or contamination from them during flooding.

G.

The building official shall be responsible for administrative control over the issuance of building permits on those tracts of land on which floodplain zoning has been lifted based on review by the city engineer as provided in Subsections B through F of this section.

H.

The planning director shall inform the building official of each change of zoning in the floodplain district and of the special conditions, if any.

I.

Any person who violates the provisions of this section shall be guilty of an offense and upon conviction shall be punished as provided in Section 1-119 of this code.

A.

Property and buildings in the F Floodplain District shall be used only for the following purposes:

1.

The growing of agricultural crops and nursery stock and gardening;

2.

The raising of poultry and livestock in accordance with the city and county ordinances and regulations relating thereto, but not with operation of commercial feed pens for cattle or hogs;

3.

Public recreation;

4.

Mining, quarrying and earth-extraction industries;

5.

Drilling for and extraction of oil and natural gas;

6.

Transportation, pipeline and utility easements and rights-of-way;

7.

All agricultural land uses listed in Section 18-5-1-502, excluding residential uses;

8.

Public stable or riding arena;

9.

Rock crusher;

10.

Sanitary landfill operation;

11.

Sewerage disposal plant or lagoons;

12.

Storage area for sand, rock, gravel and dirt;

13.

Television or radio antenna.

(Ord. No. 21-23, § 16, 9-28-2021)

Any other use which is similar to the above-listed uses and which does not involve structures for human habitation shall be permitted on review in accordance with provisions contained in Section 18-113 of this code.