(a)

Development within this District is encouraged in centers that are planned as a unit rather than in extended strips along roadways, to provide for orderly development, safe pedestrian movement and minimize traffic congestion. Commercial centers shall be located so as to minimize conflicts with residential and agricultural uses, wildlife habitats/corridors and environmentally and visually sensitive areas. Offices may serve as a transition between urban residential and major commercial or industrial areas. Minimal assembly or manufacturing activities shall be allowed. Outside storage is not allowed unless otherwise approved as part of the Site Improvement Plan.

(b)

The C District is characterized by commercial buildings situated in a landscaped setting with landscaped off-street parking areas. Site improvements, including landscaping, shall be provided and designed to minimize the impact on adjacent residential uses. A Site Improvement Plan is required prior to the use of the lot for any purpose. Typical uses include all the retail-oriented uses listed in the business zoning district plus amusement facilities, hotels, theaters and veterinary clinics.

(Ord. 22-02 Art. 4)

The following uses shall be allowed upon the approval of a Site Improvement Plan in accordance with Article XXVII of this Chapter. The Director may determine other similar uses as appropriate in this zoning district.

(1)

All uses permitted by right in the B District.

(2)

Automobile service station, including gasoline pumps.

(3)

Bakery, wholesale/retail.

(4)

Building materials, wholesale/retail.

(5)

Car wash.

(6)

Carpentry shop.

(7)

Convenience store with gasoline pumps.

(8)

Equipment rental, small.

(9)

Farm implement sales/service.

(10)

Feed store.

(11)

Greenhouse or plant nursery, wholesale/retail.

(12)

Hotel/motel, including conference or convention center and other incidental accessory uses located within the principal building.

(13)

Mini-storage with no storage of dangerous or flammable materials and no sales or services from any unit.

(14)

Motor vehicle/equipment, service.

(15)

Printing/publishing, wholesale.

(16)

Recreation facility, outdoor/community.

(17)

Storage area, commercial.

(18)

Theater, outdoor/indoor.

(19)

Tire sales/repair store.

(20)

Upholstery supply/repair store.

(21)

Veterinary clinic/hospital: animals shall be confined in an enclosed building which is part of the principal structure.

(Ord. 22-02 Art. 4)

The following shall be allowed only when a principal use has been established on the lot:

(1)

Water/wastewater treatment or water storage facility for private use, not exceeding five thousand (5,000) gallons, unless for surface or underground stormwater detention.

(Ord. 22-02 Art. 4)

The following uses are permitted, upon approval by the City Council, in accordance with Articles XXI and XXVII of this Chapter:

(1)

Aquarium.

(2)

Automobile sales.

(3)

Firing range, indoor.

(4)

Heliport.

(5)

Residence:

a.

Single-family or multi-family unit for management or employees.

b.

Multi-family: apartment, condominiums.

(6)

Utility, major facility.

(7)

Water/wastewater treatment or water storage in excess of five thousand (5,000) gallons for public, private or multiple use.

(8)

Zoological park.

(Ord. 22-02 Art. 4)

There is no minimum lot area.

(Ord. 22-02 Art. 4)

Each lot shall be landscaped as shown on the approved landscape plan prepared in accordance with Article XXVII. Areas to be landscaped include the lot area within the required setback from the street, parking areas and other areas as required.

(Ord. 22-02 Art. 4)

The setback is measured from the lot line to the wall of the structure horizontally and perpendicular to the lot line.

(1)

Abutting a street:

a.

Regional/major arterial: seventy-five (75) feet.

b.

Minor arterial: forty (40) feet.

c.

Collector/local: twenty (20) feet; no parking

(2)

Adjoining the following zones:

a.

Business or Commercial: no setback.

b.

Multi-family Residential: seventy-five (75) feet.

c.

Suburban Residential: seventy-five (75) feet.

d.

Institutional: seventy-five (75) feet.

e.

Open Space: seventy-five (75) feet.

(Ord. 22-02 Art. 4)

(a)

A cornice, canopy, eave, fireplace, wing wall or similar architectural feature may extend three (3) feet into a required setback. Fire escapes may extend up to six (6) feet into a required setback.

(b)

A building permit shall not be issued for any structure which is to be located within an easement unless written approval by the easement holders is provided.

(c)

Utility distribution lines and related equipment commonly located along property lines may be located within a required setback. A neighborhood substation, or gas regulator/ meter station shall meet the required setback.

(d)

All commercial sites shall provide perimeter sidewalks along abutting public streets.

(Ord. 22-02 Art. 4)

(a)

Maximum building height: sixty (60) feet. The maximum building height shall not apply to church spires, belfries, cupolas, penthouses or domes not used for human occupancy, chimneys, skylights, ventilators, water tanks, silos, parapet walls, cornices without windows, antennas, utility poles and necessary mechanical appurtenances usually carried above the roof level.

(b)

The height of an antenna shall be no greater than the distance to the nearest lot line.

(c)

The maximum height of a roof-mounted church spire shall not exceed 1.62 times the height of the church. The church height shall be measured from the lowest walkout level of the church to the highest roof peak. The height of the roof-mounted spire shall be measured from the top of the spire to the finished floor of the lowest walkout level of the church. (See Article XXXVI, Definitions, for Building Height - Spire Height Calculation Diagram.)

(Ord. 22-02 Art. 4)

Outdoor storage of merchandise, equipment or other items associated with a nonresidential use is prohibited, unless otherwise approved through the Site Improvement Plan process, or as authorized by the Director through the issuance of a Temporary Use Permit.

(Ord. 22-02 Art. 4)

The specific provisions of the subzoning districts shall govern the provisions within Sections 16-12-10 through 16-12-100 above. If a particular element or issue is not addressed in the specific provisions for a subzone, the relevant provisions contained in Sections 16-12-10 through 16-12-100 above and in the remainder of this Chapter shall apply.

(Ord. 22-02 Art. 4)

The following uses shall be allowed upon the approval of a Site Improvement Plan in accordance with Article XXVII of this Chapter. The Director may determine other similar uses as appropriate in this subzoning district.

(1)

Educational and vocational training institutions.

(2)

Hotels, motels, conferences and meeting facilities.

(3)

Light industrial facilities, including manufacture, fabrication, processing or assembling of products; provided, however, that no effects from noise, smoke, glare, vibration, fumes or other environmental factors shall be measurable at the property line.

(4)

Recreational facilities, public or private.

(5)

Research and development facilities.

(6)

Retail and personal service commercial, including auto sales and service.

(7)

Utility service facility, including offices, public and quasi-public facilities, including police stations, libraries, schools, churches and church schools, daycare centers, etc.

(8)

Warehousing and distribution facilities, mini-warehouses excluded.

(9)

Sexually oriented businesses; refer to Article XIII for additional development standards applicable to this use.

(Ord. 22-02 Art. 4)

The following uses are permitted, upon approval of the City Council, in accordance with Articles XXI and XXVII of this Chapter:

(1)

Chemical storage, transfer or disposal facility.

(2)

Fire station.

(3)

Group home.

(4)

Heliport.

(5)

Hospital.

(6)

Wireless communications facilities, towers, and base stations.

(7)

Water/wastewater treatment or water storage.

(Ord. 22-02 Art. 4; Ord. 25-05 Art. 5(A))

A minimum of twenty percent (20%) of each site shall be maintained as landscaped open space. Landscape amenities, recreation areas and pedestrian walkways or plazas shall be allowed within the required open space.

(Ord. 22-02 Art. 4)

The following are the minimum setbacks for general building and parking within the C-1 Subzoning District:

(1)

To the right-of-way of major streets such as: South Quebec, South Yosemite, County Line Road and C-470.

a.

Building, thirty (30) feet.

b.

Parking, fifteen (15) feet landscaped.

(2)

To any other right-of-way or pavement edge of a private drive:

a.

Building, twenty (20) feet.

b.

Parking, ten (10) feet landscaped.

(3)

To any side or rear lot line: Building and parking, ten (10) feet landscaped.

(4)

To City open space:

a.

Building, thirty (30) feet.

b.

Parking, ten (10) feet landscaped.

c.

Minimum distance between structures, twenty (20) feet.

(Ord. 22-02 Art. 4)

No portion of the travel lanes of major roadways shall receive less than two (2) hours of sunlight between the hours of 10:00 a.m. and 2:00 p.m. on the winter solstice, when the sun is lowest in the sky.

(Ord. 22-02 Art. 4)

The following uses shall be allowed upon the approval of a Site Improvement Plan in accordance with Article XXVII of this Chapter. The Director may determine other similar uses as appropriate in this subzoning district.

(1)

Educational and vocational training institutions.

(2)

Hotels, motels and conference and meeting facilities.

(3)

Light industrial facilities, including manufacture, fabrication, processing or assembling of products; provided, however, that no effects from noise, smoke, glare, vibration, fumes or other environmental factors shall be measurable at the property line.

(4)

Recreational facilities, public or private.

(5)

Research and development facilities.

(6)

Retail and personal service commercial.

(7)

Utility service facility, including offices, public and quasi-public facilities, including police stations, libraries, schools, churches and church schools, daycare centers, etc.

(8)

Warehousing and distribution facilities, mini-warehouses excluded.

(9)

Sexually oriented businesses; refer to Article XIII for additional development standards applicable to this use.

(Ord. 22-02 Art. 4)

The following uses are permitted, upon approval of the City Council, in accordance with Articles XXI and XXVII of this Chapter:

(1)

Automobile sales or repair.

(2)

Chemical storage, transfer or disposal facility.

(3)

Fire station.

(4)

Heliport.

(5)

Hospital.

(6)

Wireless communications facilities, towers, and base stations.

(7)

Water/wastewater treatment or water storage.

(Ord. 22-02 Art. 4; Ord. 25-05 Art. 5(A))

A minimum of twenty percent (20%) of each site shall be maintained as landscaped open space. Landscape amenities, recreation areas and pedestrian walkways or plazas shall be allowed within the required open space.

(Ord. 22-02 Art. 4)

The following are the minimum setbacks for general building and parking within the C-2 Subzoning District:

(1)

To the right-of-way of major streets such as: South Quebec, South Yosemite, County Line Road and C-470.

a.

Building, thirty (30) feet.

b.

Parking, fifteen (15) feet landscaped.

(2)

To any other right-of-way or pavement edge of a private drive:

a.

Building, twenty (20) feet.

b.

Parking, ten (10) feet landscaped.

(3)

To any side or rear lot line: Building and parking, ten (10) feet landscaped.

(4)

To City open space:

a.

Building, thirty (30) feet.

b.

Parking, ten (10) feet landscaped.

c.

Minimum distance between structures, twenty (20) feet.

(Ord. 22-02 Art. 4)

The following uses shall be allowed upon the approval of a Site Improvement Plan in accordance with Article XXVII of this Chapter. The Director may determine other similar uses as appropriate in this subzoning district.

(1)

Educational and vocational training institutions.

(2)

Hotels, motels and conference and meeting facilities.

(3)

Light industrial facilities, including manufacture, fabrication, processing or assembling of products; provided, however, that no effects from noise, smoke, glare, vibration, fumes or other environmental factors shall be measurable at the property line.

(4)

Recreational facilities, public or private.

(5)

Research and development facilities.

(6)

Retail and personal service commercial.

(7)

Utility service facility, including offices, public and quasi-public facilities, including police and fire stations, libraries, schools, churches and church schools, daycare centers, etc.

(8)

Warehousing and distribution facilities, mini-warehouses excluded.

(Ord. 22-02 Art. 4)

The following uses are permitted, upon approval of the City Council, in accordance with Articles XXI and XXVII of this Chapter:

(1)

Automobile service stations, including gasoline pumps.

(2)

Chemical storage, transfer or disposal facility.

(3)

Group home.

(4)

Heliport.

(5)

Hospital.

(6)

Wireless communications facilities, towers, and base stations.

(7)

Water/wastewater treatment or water storage.

(Ord. 22-02 Art. 4; Ord. 25-05 Art. 5(A))

A minimum of twenty-five percent (25%) of each site shall be maintained as landscaped open space. Landscape amenities, recreation areas and pedestrian walkways or plazas shall be allowed within the required open space.

(Ord. 22-02 Art. 4)

The following are the minimum setbacks for general building and parking within the C-3 Subzoning District:

(1)

To the right-of-way of major streets such as: South Quebec, South Yosemite, County Line Road and C-470.

a.

Building, thirty (30) feet.

b.

Parking, fifteen (15) feet landscaped.

(2)

To any other right-of-way or pavement edge of a private drive:

a.

Building, twenty (20) feet.

b.

Parking, ten (10) feet landscaped.

(3)

To any side or rear lot line: Building and parking, ten (10) feet landscaped.

(4)

To City open space:

a.

Building, thirty (30) feet.

b.

Parking, ten (10) feet landscaped.

c.

Minimum distance between structures, twenty (20) feet.

(Ord. 22-02 Art. 4)

The following uses shall be allowed upon the approval of a Site Improvement Plan in accordance with Article XXVII of this Chapter. The Director may determine other similar uses as appropriate in this subzoning district; for sites adjacent to a residential area(s), similar use determinations shall be confirmed by a majority vote of City Council. Permitted uses, buffers and related standards are designed to minimize conflicts with residential areas regarding hours of operation, commercial traffic, noise and other conditions.

(1)

Banks and financial institutions, including drive-in facilities with up to three (3) drive-up bays with or without automatic teller machines when set back eighty (80) feet from adjacent residential areas.

(2)

Private recreational facilities, excluding bowling alleys, firing ranges, indoor tennis clubs, or other similar large, enclosed commercial recreation.

(3)

Professional offices and office showrooms, including medical and dental facilities.

(4)

Research and development facilities, including light assembly but excluding heavy manufacturing.

(5)

Restaurant or cafeteria, if completely enclosed within a building whose primary use is office (no drive-in).

(6)

Utility service facility, including offices, public and quasi-public facilities, such as police and fire stations, libraries, schools, churches and church schools and daycare centers.

(7)

Warehouse/distribution facilities with less than fifty (50) owned and operated trucks; such uses shall be subject to the following provisions:

a.

Any warehouse/distribution structure with more than four (4), but not more than twelve (12), loading dock bays shall be set back a minimum of one hundred (100) feet from residential lots. The loading dock areas of such structures shall be set back a minimum of two hundred (200) feet from residential lots and shall be effectively screened from said lots with a combination of berming, planting and/or fencing, with no access permitted on residential access roads such as Acres Green Drive for warehouse/ distribution facilities. Any warehouse/ distribution facility with more than twelve (12) loading dock bays and/or more than fifty (50) trucks owned and operated at the site is prohibited.

b.

Warehouse/distribution facilities for toxic chemical storage, heavy equipment (such as cranes and earth-moving equipment), concrete or asphalt batch plants and distribution, or similar intensive uses, including sexually oriented businesses, are prohibited.

(Ord. 22-02 Art. 4)

(a)

A minimum of thirty-five percent (35%) of each site shall be maintained as landscaped open space. Landscape amenities, recreation areas and pedestrian walkways or plazas shall be allowed within the required open space.

(b)

A landscape buffer shall be provided adjacent to residential areas with a minimum landscaped setback of at least fifty (50) feet. in order to provide an effective and attractive landscape screen.

(Ord. 22-02 Art. 4)

The maximum building height is thirty-five (35) feet.

(Ord. 22-02 Art. 4)

The following are the minimum setbacks for general building and parking within the C-4 Subzoning District:

(1)

To the right-of-way of major streets:

a.

Building, thirty (30) feet.

b.

Parking, fifteen (15) feet.

(2)

To the right-of-way of any other street or pavement edge of a private drive:

a.

Building, twenty (20) feet.

b.

Parking, ten (10) feet landscaped.

(3)

To any side or rear lot line, unless otherwise specified herein: Building and parking, ten (10) feet landscaped.

(4)

To City open space:

a.

Building, thirty (30) feet.

b.

Parking, ten (10) feet landscaped.

c.

Minimum distance between structures, twenty (20) feet.

(5)

To residential uses (landscape buffer required):

a.

Building, seventy-five (75) feet; setback area must be landscaped.

1.

The landscape buffer along adjacent residential areas shall provide a balanced design of evergreen trees, ornamental flowering trees and deciduous canopy trees. A "barrier plant" immediately adjacent to the property line shall be avoided.

b.

Parking, fifty (50) feet; setback area must be landscaped.

1.

The landscaped area shall be included in the open space standard. The only permitted use for this buffer area shall be landscaping and public utilities; all utility lines shall be underground. Installation of landscaping shall be done concurrent with construction for any lot or building group adjacent thereto, or as otherwise approved in a Site Improvement Plan Improvements Agreement.

c.

Minimum tree sizes at installation shall be as follows:

a)

Evergreen trees: six (6) feet in height.

b)

Ornamental trees: one-and-one-half-inch caliper.

c)

Canopy deciduous trees: two-inch caliper.

(Ord. 22-02 Art. 4)

(a)

Signage shall conform to Article XXIX of this Chapter and shall meet adhere to the following additional restrictions:

(1)

The maximum size of any sign facing a residential access road shall be sixty (60) square feet.

(2)

The maximum height of any freestanding sign (either temporary or permanent) facing a residential access road, or within two hundred (200) feet of an adjacent residential area shall be seven (7) feet.

(3)

No sign requiring a sign permit (either temporary or permanent) shall be oriented toward, or shall be intended to be read from, adjacent residential areas.

(b)

The minimum setback for signs facing onto all federal and state highways and major arterials shall be thirty (30) feet or more from the property line.

(Ord. 22-02 Art. 4)

Private lighting shall not exceed fifteen (15) feet in height and shall be designed and placed so that no direct illumination or glare shall fall within adjacent residential areas.

(Ord. 22-02 Art. 4)

Upon the approval of a Site Improvement Plan in accordance with Article XXVII of this Chapter, and with the exception of the following prohibited uses listed below, all uses listed in the B District and C District of this Chapter are permitted. The Director may determine other similar uses as appropriate in this subzoning district; approval of similar uses adjacent to a residential area require City Council confirmation by a majority vote. The following uses are prohibited:

(1)

Car sales.

(2)

Drive-in restaurant or drive-in theater.

(3)

Farm implement sales.

(4)

Hospital.

(5)

Mini-storage.

(6)

Motel or hotel.

(7)

Motor vehicle/equipment service and repair.

(8)

Satellite receiving dish.

(9)

Wholesale sales of any item.

(Ord. 22-02 Art. 4)

Upon approval of the City Council in accordance with Articles XXI and XXVII of this Chapter, and with the exception of the following prohibited uses listed below, all uses by special review listed in the B District and C District of this Chapter are permitted. The following uses are prohibited:

(1)

Firewood sales.

(2)

Firing range.

(3)

Heliport.

(4)

Hospital.

(5)

Motel or hotel.

(6)

Storage and warehousing facilities.

(Ord. 22-02 Art. 4)

The following are the minimum development standards for the C-5 Subzoning District:

(1)

Building setbacks:

a.

Setback from a public street: forty (40) feet.

b.

Rear setback: twenty-five (25) feet.

c.

Side setback: fifteen (15) feet.

d.

Side setback when adjacent to single-family detached residential: twenty-five (25) feet.

(2)

The maximum building height shall be fifty (50) feet for commercial and sixty (60) feet for office measured in accordance with the City's duly adopted Building Code.

(Ord. 22-02 Art. 4)