In any zoning district, only one structure containing a permitted or permissible principal use may be erected on a single zoning lot.

(Ord. No. 4062, § 902.01, 10-14-1980; Ord. No. 5207, § I, 9-28-2004)

Every structure hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located as to provide safe and convenient access for servicing, fire protection and required off-street parking and loading.

(Ord. No. 4062, § 902.02, 10-14-1980)

The building height limitations provided in this chapter shall not apply to chimneys, belfries, flagpoles, screened mechanical appurtenances (such as air conditioning units) which are usually placed above the roof level and are not intended for human occupancy.

(Ord. No. 4062, § 902.03, 10-14-1980)

Nothing shall be erected, placed, planted or allowed to grow on any corner in such a manner as to materially obstruct or impede vision between a height of 2½ and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 12 feet from the point of the intersection.

(Ord. No. 4062, § 902.04, 10-14-1980)

(a)

Continued conformity. The maintenance of yards, courts, and other open space and minimum lot area legally required for a structure shall be a continuing obligation of the owner of such structure or of the property on which it is located as long as the structure is in existence. Furthermore, no legally required yards, courts, other open space or minimum lot area allocated to any structure shall, by virtue of change of ownership or for any other reason, be used to satisfy yards, courts, legally required parking areas, other open spaces or minimum lot area requirements for any other structure, and there shall be no permitted obstructions in required yards except as hereinafter set forth.

(b)

Division of zoning lots.

(1)

No zoning lot unimproved or improved with a structure or structures shall hereinafter be subdivided into two or more zoning lots and no portion of any zoning lot which is unimproved or improved with a structure or structures, shall be sold unless all zoning lots resulting from each such subdivision meet one of the two following criteria:

a.

Improved lots containing a structure or structures shall conform with all regulations of the zoning district in which the property is located.

b.

Unimproved lots shall be of such configuration as to allow for the development of permitted uses within the prevailing zoning district.

(2)

All subdivided zoning lots shall be appropriately recorded record plats as required by the county.

(c)

Required yards for existing structures. No yards now or hereafter provided for a structure existing on the effective date of the ordinance from which this chapter is derived shall subsequently be reduced below the minimum yard requirements of this chapter for equivalent new construction. If already less than such yard requirements, it shall not be further reduced.

(d)

Permitted obstructions in required yards. The following shall not be considered to be obstructions when located in the required yards specified:

(1)

In all yards. Open terraces not over four feet above the average of adjoining ground but not including a roofed-over terrace or porch; steps four feet or less above grade which are necessary for access to the principal structure or for access to a zoning lot from a street or alley; chimneys projecting 18 inches or less into a yard; flagpoles; vent pipes; suitably concealed yard lights; stair railings; wheelchair lifts and ramps that meet federal, state and local accessibility standards.

(2)

In right-of-way setbacks (front yards). One-story bay windows projecting three feet or less into the yard; overhanging eaves and gutters projecting four feet or less into the yard.

(3)

In rear yards. Enclosed, attached or detached off-street parking garages or carports; open off-street parking spaces; accessory structures, tool rooms and similar buildings or structures for domestic storage; balconies; breezeways and open porches; one-story bay windows; overhanging eaves and gutters projecting four feet or less into the yards; and recreational and laundry drying equipment.

(Ord. No. 4062, § 902.05, 10-14-1980; Ord. No. 5597, § I, 2-8-2011; Ord. No. 6031, § 1, 12-12-2023)

Editor's note— Ord. No. 6075, § II, adopted May 27, 2025, repealed § 56-37, which pertained to conversion or change in uses of single-family dwellings and derived from Ord. No. 4062, § 902.06, adopted Oct. 14, 1980.

The occupancy of a dwelling unit by more than one family is prohibited and it shall be unlawful for any person to occupy or permit the occupancy of a dwelling unit or part thereof unless all occupants of the dwelling units are members of only one family.

(Ord. No. 4062, § 902.07, 10-14-1980; Ord. No. 6075, § III, 5-27-2025)

To the maximum extent possible any new construction, rehabilitation or conversion of buildings, or related site improvements shall provide for the access and movement of physically disabled persons, including those with nonambulatory (requiring wheelchair); semi-ambulatory (crutches); or sight-, hearing-, coordination- or aging-related disabilities. These provisions should include but not be limited to the following:

(1)

Building access. Provisions of on-grade, unobstructed access or alternative ramp access of sufficient design to accommodate a wheelchair (five-foot degree grade, 32 inches wide, non-slip surface, level entrance platform, etc.) to all buildings other than single-family dwellings.

(2)

Door and corridor width. Provisions of minimum 32-inch door width and corridors of 60 inches for both entrance and internal circulation of disabled persons.

(3)

Walks. Exterior sidewalks should not exceed a five percent grade, should have a minimum width of 48 inches, should have a nonslip surface, and should blend to a common level with other walks, driveways or parking lots to avoid curbs and other abrupt grade changes impeding the free movement of disabled persons.

(4)

Parking lots. Certain spaces that are accessible and approximate to the facilities served by such parking areas should be set aside and identified for individuals with physical disabilities. These spaces should, where possible, be open on one side or be a minimum of 12 feet in width. The grade, surface quality and relation to other vehicle movements should be considered for maximum safety and convenience of the disabled person.

(5)

Stairs. Stairs should be designed with adequate rails, (32 inches extending 18 inches beyond the top and bottom), landing size, and riser height (seven-inch maximum) to accommodate semi-ambulatory disabled persons.

(6)

Other standards. The published standards of the American Standards Association, entitled Specifications for Making Buildings and Facilities Accessible to, and Useable by, the Physically Handicapped (October 31, 1961) should be referred to for further and more specific guidelines to accommodate the disabled, including vertical circulation in buildings, access to toilets, water fountains, public telephones and controls or switches, warning signals, hazard avoidance, identification signs, etc.

(Ord. No. 4062, § 902.08, 10-14-1980)

Editor's note— Ord. No. 6075, § IV, adopted May 27, 2025, repealed § 56-40, which pertained to blood banks prohibited in all districts and derived from Ord. No. 4062, § 902.06, adopted Oct. 14, 1980; Ord. No. 4511, § 1, adopted Oct. 8, 1991.

(a)

Applicability. The performance standards shall apply to all present and future uses and developments in the city.

(b)

Enforcement of performance standards.

(1)

Whenever, in the opinion of the zoning administrator, there is a reasonable probability that any use or occupancy violates these performance standards, he is hereby authorized to employ a qualified technician or technicians to perform whatever investigations and analyses as are necessary to determine whether or not they are in fact being violated.

(2)

In the event that a violation is found to exist, the violator shall be liable for the reasonable fee of the technicians employed to perform such investigations and analyses. Such fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in section 56-4.

(3)

Any violation of this chapter shall hereby be considered as creating a public nuisance. Therefore, in addition to the enforcement procedures specified in this section, the regulations of chapter 34, article VIII (nuisances) and any other applicable sections of this Code shall apply.

(c)

Standards. The following performance standards shall apply in accordance with the above criteria for applicability to any new or existing use located in the city. All uses shall be constructed, maintained and operated so as to not be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dirt or other particulate matter, toxic or noxious waste materials, odors, fire and explosive hazard or glare.

(1)

Noise. Every use shall comply with the requirements of chapter 22, article IV (noise regulations).

(2)

Vibration. A use shall be so operated that ground vibration inherently and recurrently generated is not perceptible without instruments at any point on the property line of the property on which the use is located. Although scientific tools such as the seismograph are often used to measure earthborne vibration, the situation in the city is such that the rule of thumb method should be sufficient.

(3)

Dust, dirt and other matter. Every use shall be so operated as to prevent the emission into the air of dust, dirt, noxious acids, fumes, gases and other particulate matter, whatever its source, which may cause damage to property and health of persons at or beyond the lot line of the property on which the use is located.

(4)

Odors. Every use shall be so operated as to prevent the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located. Unfortunately, to date, no adequate standard or equipment has been developed in order to scientifically assess this problem area. Therefore, a concept of "odor threshold" is often employed to cover this municipal problem. The term "odor threshold" is defined as the lowest concentration of an odorous material that will cause a response in the human nose. All odors are covered, even so-called pleasant ones (candy, bakeries, etc.), which in concentration can be annoying to the public.

(Ord. No. 4062, § 903.14, 10-14-1980; Ord. No. 4365, § 2, 10-11-1988; Ord. No. 4660, § 2, 8-9-1994)

Editor's note— Ord. No. 6031, § II, adopted Dec. 12, 2023, repealed § 56-42, which pertained to physically disabled accessible ramp licenses and derived from Ord. No. 5597, § II, 2-8-2011.

The purpose of the SR district is to protect and conserve areas of predominantly single-family detached residences, while allowing at the same time for the construction of new units if in substantial conformance with surrounding and adjacent residences. The construction of attached single-family residences may be permitted by site plan review as provided in article IV, division 8 of this chapter.

(Ord. No. 4062, § 903.01(1), 10-14-1980; Ord. No. 4258, § 1, 6-10-1986)

The following uses shall be permitted in any location within the SR district:

(1)

Detached single-family dwellings, if built and located in accordance with the provisions of this chapter.

(2)

Group homes.

(3)

Home occupations as provided in article III, division 3 of this chapter.

(4)

Accessory uses as provided in article III, division 4 of this chapter.

(5)

Conditional uses. The following uses shall be allowed as conditional uses in accordance with the procedures provided in article IV, division 6 of this chapter:

a.

Convents and rectories.

b.

Utility substations.

c.

Day care centers.

d.

Short-term vacation rentals that meet the requirements of article XIII, division 3, sections 14-800 to 14-804, short-term vacation rentals of the city Code.

e.

Accessory dwelling unit.

(Ord. No. 4062, § 903.01(2), 10-14-1980; Ord. No. 4258, § 1, 6-10-1986; Ord. No. 5784, § I, 10-13-2015; Ord. No. 5865, § I, 9-26-2017; Ord. No. 6000, § II, 10-25-2022; Ord. No. 6085, § II, 9-23-2025)

(a)

Lot size standards. Any proposal for the construction or alteration of a single-family detached dwelling shall have a lot with a minimum average dimension of 35 feet and a minimum area of 3,500 square feet.

(b)

Front yard setback. Any proposal for the construction or alteration of a single-family detached dwelling shall have a front yard setback from the public right-of-way or from a private roadway of not less than 25 feet or the average existing front yard setbacks of existing single-family homes of the block on which the dwelling is located.

(c)

Side yard setback. On a lot to be improved with a single-family detached dwelling or where any alteration to any such existing dwelling unit is proposed, the combined side yard dimensions should in no case be less than 15 feet with any side yard being a minimum of five feet. In the event that a side yard faces a public right-of-way or a private roadway, there shall be a side yard setback on the right-of-way side of the lot. The interior side yard of a corner lot shall be no less than five feet.

(d)

Rear yard standards. Every proposal for the construction or alteration of a single-family detached dwelling shall have a rear yard at least 30 feet in depth. Within such a rear yard an area of private useable open space shall be provided. This area shall contain at least 800 square feet and have a minimum dimension of at least 20 feet.

(e)

Height and bulk standards.

(1)

Any proposal for the construction of a single-family detached dwelling shall have a square footage no greater than ten percent above the average square footage of existing single-family detached dwellings within a 300 foot radius.

(2)

Any proposal for the alteration of an existing single-family detached dwelling can have a maximum increase of 500 square feet.

(3)

Any proposal for the construction or alteration of an existing single-family detached dwelling shall not exceed 35 feet in height.

(4)

The square footage of accessory dwelling units, as defined in sec. 65-74, regulations for accessory dwelling units of this chapter, basements, and attics that meet the requirements of Section R202 of the 2015 International Residential Code shall be excluded from the calculation to determine the maximum square footage for the construction or alteration of an existing single-family detached dwelling unit.

(f)

Variations from height and bulk standard. Substantial deviation from the prevailing pattern may be permitted by a site plan review as provided in article IV, division 8 of this chapter. In addition to all requirements of article IV, division 8 of this chapter, the site plan submission shall consist of a plot plan at scale one inch equals 20 feet or 25 feet, showing the relationship of the proposed use to all existing buildings, landscaping, roadway and pavement areas within a radius of 200 feet, and front elevations at an equal or greater scale showing all existing adjacent buildings and landscaping.

(g)

Parking. Off-street parking requirements in sec. 56-500 minimum number of parking spaces, (2) residential and housing uses, a. Attached or detached single-family dwellings, shall not be required for the construction or alteration of a single-family detached dwelling unless the plan and zoning commission determines that on-street parking in the area surrounding the property is inadequate to meet the needs of the residents in the area. For the purpose of this subsection, "area" is defined as within 300 feet of the site in question.

(Ord. No. 4062, § 903.01(3), 10-14-1980; Ord. No. 4258, § 1, 6-10-1986; Ord. No. 6050, §§ I—VII, 7-9-2024)

(a)

In addition to meeting the requirements of section 56-877 of this chapter, accessory dwelling units (ADU) must comply with the following conditions to receive a conditional use permit for such use:

(1)

At least one of either the principal single-family dwelling or the subordinate accessory dwelling unit must be owner-occupied.

(2)

A maximum of one accessory dwelling unit per lot is permitted.

(3)

The accessory dwelling unit shall not exceed 800 gross square feet.

(4)

Minimum accessory dwelling unit setback requirements shall be as set forth in section 56-561 of this chapter.

(5)

No accessory dwelling unit shall be permitted in the front yard.

(6)

Accessory dwelling units shall not require off-street parking in addition to that required by chapter 56 unless the planning and zoning commission determines that on-street parking in the area (area defined as within 300 feet of the site in question) surrounding the proposed accessory dwelling unit is inadequate to meet the needs of the residents in the area.

(7)

Accessory dwelling units must have means of ingress/egress for emergency services.

(8)

Accessory dwelling units shall have been reviewed and approved by the design and review board.

(9)

Short-term vacation rentals are prohibited in the accessory dwelling unit.

(b)

Notice of public hearing for a conditional use permit for an accessory dwelling unit shall be given as set forth in section 56-877 of this chapter, except that in addition to giving notice by publication, notice shall also be given to all owners within 500 feet of the premises for which the conditional use permit is sought.

(Ord. No. 6000, § III, 10-25-2022)

The purpose of the LR district is to protect and conserve existing areas of predominantly detached single-family and two-family residences, and provide for the construction in accordance with standards set out in this division of those dwelling types commonly referred to as duplexes, row houses or townhouses, cluster houses or patio houses. In general, this use classification is intended to provide development standards for owner occupied dwellings rather than for rental units. These housing types are in fact single-family residences despite the fact of attachment or contiguity. The construction of low rise apartments may be permitted by site plan review as provided in article IV, division 8.

(Ord. No. 4062, § 903.02(1), 10-14-1980; Ord. No. 4258, § 1, 6-10-1986)

The following uses shall be permitted in any location within the LR district:

(1)

Detached single-family dwellings, if built and located in accordance with the use regulations provided in section 56-73.

(2)

Attached single-family dwellings, if built and located in accordance with the development standards for two-family houses, townhouses, or patio houses provided in this section.

(3)

Apartment dwellings by site plan review as provided in article IV, division 8 of this chapter, if built and located in accordance with the development standards for townhouse apartments or garden apartments provided in article II, division 4 of this chapter. All such apartment dwellings must conform with the use regulations for intensity, useable residential open space, and parking provided in article II, division 4 of this chapter.

(4)

Group homes.

(5)

Home occupations as provided in article III, division 3 of this chapter.

(6)

Accessory uses. As provided in article III, division 4 of this chapter.

(7)

Conditional uses. The following shall be allowed as conditional uses in accordance with the procedures provided in article IV, division 6 of this chapter:

a.

Convents and rectories.

b.

Utility substations.

c.

Day care centers.

d.

Short-term vacation rentals that meet the requirements of article XIII, division 3, sections 14-800 to 14-804, short-term vacation rentals of the city Code.

(Ord. No. 4062, § 903.02(2), 10-14-1980; Ord. No. 4258, § 1, 6-10-1986; Ord. No. 5865, § I, 9-26-2017; Ord. No. 6085, § III, 9-23-2025)

All uses within the LR district shall conform to the following general regulations:

(1)

Density. A maximum residential density of 16 dwelling units/per acre (2,722 square feet average per dwelling unit) must be maintained within a project, exclusive of public or commonly used rights-of-way.

(2)

Height. No building shall exceed 2½ stories or 35 feet in height, whichever is smaller.

(3)

Parking. One parking space shall be provided for each residential dwelling unit which is completely enclosed and located within the minimum private lot area stipulated below. Garages may be detached from the principal building if access is from a private or public service drive or street. Otherwise, such garages must be incorporated into the main building or attached thereto.

(Ord. No. 4062, § 903.02(3), 10-14-1980; Ord. No. 4258, § 1, 6-10-1986)

The following standards are intended to guarantee adequate sunlight, open space, and privacy for occupants of two-family houses, townhouses, and patio houses. Certain deviations from the strict application of these standards may be permitted by site plan review as provided in article IV, division 8 of this chapter, so long as they are in conformance with the general intent, purpose and use regulations for this district.

(1)

Two-family dwellings.

a.

Lot area and width. Every proposal for the construction of a two-family dwelling shall have a lot with a minimum average dimension of 60 feet and a minimum area of 6,000 square feet.

b.

Building coverage. In no event shall a two-family dwelling on a private lot, including any accessory structures, cover more than 30 percent of the surface of that lot.

c.

Right-of-way setback. No two-family dwelling or accessory structure associated with such a use shall be located closer than 20 feet from a public right-of-way, except that a garage may abut a service road or alley right-of-way.

d.

Minimum distance. No two-family dwelling or accessory structure shall be located closer than 15 feet from an adjacent building on the same or on an adjacent lot, except that a detached garage may abut another garage located on the same or on an adjacent lot.

e.

Private open space. Every lot containing a two-family dwelling must provide at least one private yard or court space enclosed visually by fences, walls, or planting, and containing at least 800 square feet of useable open space.

f.

Minimum unit size. Every individual dwelling unit shall contain at least 1,000 square feet of livable floor area, exclusive of basement or attic space.

(2)

Townhouses.

a.

Lot area. Every townhouse shall be located on a lot with a minimum area of 2,000 square feet.

b.

Lot and unit width. Every lot containing a townhouse shall have a minimum width of at least 18 feet, and all townhouse dwellings, except end-of-row units and those on corner lots, shall occupy the full width of the lot.

c.

Building coverage. In no event shall a townhouse on a private lot, including any accessory structure, cover more than 35 percent of the surface of that lot.

d.

Project size, and grouping. A townhouse development shall consist of at least eight townhouse dwelling units, with no less than three and no more than eight units contiguous to one another.

e.

Right-of-way setback. No townhouse dwelling shall be located closer than 25 feet from any public right-of-way nor within 15 feet from a private drive, access road or open parking area to the front or rear of such a dwelling.

f.

Setback variation. No more than four abutting townhouses shall have a common roof or the same setback. Variations in the setback of building faces shall be at least four feet.

g.

Side yard setback. Side yard setback from a public right-of-way or from a private access road for corner lots shall be a minimum of 15 feet and ten feet respectively. Any townhouse adjacent to another use shall have two side yards of not less than five feet.

h.

Minimum distance between groupings. A minimum distance of ten feet shall separate any two groups or rows of townhouses, or any townhouse from any other abutting use or building type except that no other building shall be directly visible within 20 feet, or no other window shall be directly visible within 20 feet, or no other window shall be directly visible within 30 feet from an eye level window on any dwelling unit.

i.

Private open space. Every lot containing a townhouse must provide a private yard, oriented to either the building front or rear, enclosed visually by fences, walls or planting at least 30 feet in depth and containing at least 500 square feet of useable open space.

j.

Minimum unit size. Every townhouse unit shall contain at least 1,000 square feet of livable floor area, exclusive of garages, basements, or attics.

(3)

Patio houses.

a.

Lot area and width. Every lot for the construction of a patio house shall have a lot with a minimum average dimension of 40 feet and a minimum area of 2,500 square feet.

b.

Maximum height. No patio house shall exceed 12 feet in height.

c.

Project size and grouping. A development or project shall consist of at least six patio houses, with no less than three and no more than 12 units contiguous to one another.

d.

Right-of-way setback. A patio house may be built adjacent to a public or private right-of-way line so long as no enclosed or open living space is located within 12 feet of a paved street, access road, alley or open parking area other than on-site parking for the individual unit.

e.

Property line setback. No side or rear yard setback shall be required except that any use on a lot located at the intersection of two public and/or private streets must adhere to the provisions of section 56-35 (visibility at intersections).

f.

Minimum distance between groupings. A minimum distance of ten feet shall separate any two groups of patio houses, or a patio house from any other abutting use or building type, except that no other building shall be directly visible within 20 feet or no other window shall be directly visible within 30 feet from an eye level window of any patio house.

g.

Private open space. Every lot containing a patio house must provide a patio or court yard with a minimum area of 800 square feet and a minimum dimension of 25 feet. Because the patio is intended to be fully private open space and to be the principal source of natural light for the interior of the patio house, the house itself must face on and form at least 40 percent of the perimeter of the patio court. The remaining perimeter may be enclosed by the walls of adjacent patio houses (so long as such walls are without windows) or by fully opaque walls or fence at least eight feet in height.

h.

Minimum unit size. Every patio house shall contain at least 1,000 square feet of livable floor area, exclusive of garage, basement or attic.

(Ord. No. 4062, § 903.02(4), (5), 10-14-1980; Ord. No. 4258, § 1, 6-10-1986)

The purpose of the MR district is to protect and conserve areas of predominantly multifamily or apartment dwellings built at a medium density, and to provide for the construction in accordance with standards set out in this division of those building types commonly referred to as townhouse apartments, garden apartments and elevator apartment buildings.

(Ord. No. 4062, § 903.03(1), 10-14-1980; Ord. No. 4186, § 1, 6-26-1984)

The following uses shall be permitted in any location within the MR district:

(1)

Apartment dwellings, if built and located in accordance with the development standards for townhouse apartments, garden apartments, or elevator apartments provided in section 56-133.

(2)

Attached single-family dwellings by site plan review as provided in article IV, division 8 of this chapter, and if built and located in accordance with development standards for townhouse or patio houses provided in article II, division 3 of this chapter.

(3)

Convent or rectories.

(4)

Group homes.

(5)

Home occupations as provided in article III, division 3 of this chapter.

(6)

Accessory uses, as provided in article III, division 4 of this chapter.

(7)

Conditional uses. The following uses shall be allowed as conditional uses in accordance with the procedures provided in article IV, division 6 of this chapter:

a.

Detached single-family dwellings.

b.

Apartments for the elderly.

c.

Convalescent homes.

d.

Public or common parking garages or lots.

e.

Utility substations.

f.

Police or fire stations.

g.

Private schools, except private trade, technical or business schools, and university facilities.

h.

Short-term vacation rentals that meet the requirements of article XIII, division 3, sections 14-800 to 14-804, short-term vacation rentals of the city Code.

(Ord. No. 4062, § 903.03(2), 10-14-1980; Ord. No. 4186, § 1, 6-26-1984; Ord. No. 5865, § II, 9-26-2017; Ord. No. 6085, § IV, 9-23-2025)

All uses within the MR district shall conform to the following general regulations:

(1)

Bulk and intensity regulations.

a.

Floor area ratio. The maximum amount of gross floor area permitted for development on any lot shall not exceed an amount equal to one-half of the total area of that site, or an FAR of 0.5. Examples:

b.

Modification of floor area ratio. The total amount of gross floor area allowable on a given lot may be increased by an amount equal to twice the number of square feet of open balcony or private enclosed patio space provided within that area, so long as any such balcony or patio contains at least 60 square feet of outdoor area and has at least a dimension of six or more feet. Examples:

If average unit size were 1,000 square feet, the density would increase from 21.8 to 25.0 d.u./acre.

(2)

Maximum height. No structure erected in the MR district shall exceed three stories except by the provisions of this division.

(3)

Commonly useable residential open space. Commonly useable residential open space shall be provided in accordance with the provisions in article III, division 5 of this chapter for the exclusive use of residents of any building or group of buildings in this district.

(4)

Parking. On-site automobile parking shall be provided at the ratio of 1½ spaces for each efficiency apartment or one- or two-bedroom dwelling unit and two spaces for each dwelling unit containing three or more bedrooms. Any spaces not enclosed shall be located in parking areas designed as provided in article III, division 2 of this chapter.

(5)

Minimum unit size. Every unit constructed in MR district shall contain at least 600 square feet of livable floor area, exclusive of garage, basement or attic except in the case of elderly housing which shall have a minimum of 450 square feet of livable floor area per unit.

(Ord. No. 4062, § 903.03(3), 10-14-1980; Ord. No. 4186, § 1, 6-26-1984)

The following standards are intended to guarantee adequate sunlight, open space, and privacy for the occupants of garden apartments, townhouse apartments, and elevator apartments. Certain deviations from the strict application of these standards may be permitted by site plan review as provided in article IV, division 8 of this chapter, so long as they are in conformance with the general intent, purpose, and use regulations for this district.

(1)

Townhouse apartments. Townhouses built within this district shall comply with the following development standards:

a.

Lot area and width. Every lot for the construction of a townhouse apartment development or project shall have a minimum average dimension of 100 feet and a minimum area of 20,000 square feet.

b.

Minimum unit width. Every townhouse apartment shall have a minimum average width of 15 feet between the vertical partition walls which separate units.

c.

Project size and groupings. A townhouse project shall consist of at least 11 townhouse dwelling units with no less than three and no more than eight contiguous units to each other.

d.

Right-of-way setback. No townhouse apartment shall be located closer than 20 feet from a public right-of-way, or 15 feet from a private drive, access road, or open common parking area, except that parking areas may be located within five feet and private drives may be located within ten feet of any blank or windowless wall.

e.

Property line setbacks. No townhouse apartment shall be located closer than ten feet from a property line.

f.

Minimum distance between groupings. A minimum distance of ten feet shall separate any two groups or rows of townhouses, or any townhouse from any other abutting use or building type except that no other building shall be visible within 20 feet or no other window shall be directly visible within 30 feet from an eye level window of any townhouse.

The development standards provided here are not necessarily related to the subdivision and subsequent individual ownership of the individual townhouse together with its site or lot. In contrast the development standards provided for townhouses in the LR district classification do relate to probable individual ownership of house sites for townhouses, patio houses, or two-family houses. Townhouses responding to the density and development standards of this district would be essentially a variant of medium density multifamily housing appealing to the rental market.

(2)

Garden walkup apartments.

a.

Lot area and width. Every lot for the construction of one or more garden apartment buildings shall have a minimum average dimension of 100 feet and a minimum area of 20,000 square feet.

b.

Grouping and building perimeter. No more than four garden apartment buildings shall be contiguous, and in no case shall the total perimeter of the combined buildings measured exceed 600 lineal feet.

c.

Right-of-way setback. Every garden apartment building shall be set back at least 20 feet from a public right-of-way or 15 feet from a private drive, access road, or open common parking area, whether oriented to the front, sides or rear of such a building, except that parking areas may be located within five feet and private drives may be located within ten feet of any blank, windowless wall.

d.

Property line setback. Every garden apartment building shall be set back at least 15 feet from any property line except that any wall with windows of a garden apartment building facing a property line coterminous with an LR or SR district shall be set back 25 feet from such lot line.

e.

Minimum distance. A minimum distance of 15 feet shall separate a garden apartment building from any other building, except that no other building shall be directly visible within 20 feet, or no other window shall be directly visible within 30 feet, at eye level from a window of any other dwelling unit.

(3)

Elevator apartment buildings.

a.

Lot area and width. Every lot for the construction of an elevator apartment building shall have a minimum area of 20,000 square feet and a minimum average dimension of 100 feet.

b.

Right-of-way setback. No elevator apartment building shall be located nearer than 30 feet from an existing or officially approved public right-of-way.

c.

Lot line setback. No elevator apartment building or accessory building shall be located nearer than 25 feet from any lot line. In the event that such a lot line shall be coterminous with the boundaries of an SR or LR zoning use district, this minimum distance shall be increased as follows:

1.

Every portion of any structure which is higher than four stories or 50 feet, whichever is less, above the proposed grade at such a lot line and district boundary shall be at least 50 feet from this lot line;

2.

Every portion of any structure which is higher than seven stories or 86 feet, whichever is less, above the proposed grade at such a lot line shall be at least 80 feet from this lot line.

d.

Minimum distance. No elevator apartment building shall be located closer than 75 feet from any other building containing an apartment or dwelling unit, and located either on the same or on an adjacent lot.

e.

Height and density variance. Elevator apartments by site plan review as provided in article IV, division 8 of this chapter and if built in accordance with the regulations of this division, shall have a height limit of 12 stories and shall be allowed a maximum floor area ratio of 0.75.

(Ord. No. 4062, § 903.03(4), (5), 10-14-1980; Ord. No. 4186, § 1, 6-26-1984)

The purpose of the P-RO classification is to encourage high quality, high-rise, multifamily residential and office development in intensities varying up to the highest density currently deemed in the welfare of, or healthful for, residents of the city. To be eligible for this classification:

(1)

Sites must have economic and physical potential for such high intensity development; and

(2)

Such development must be consistent with the city's master plan and with those land use policies further articulated from time to time by the city council.

(Ord. No. 4062, § 903.05(1), 10-14-1980)

The following uses shall be permitted in any location within the CB district:

(1)

Attached single-family dwellings, if built in accordance with development standards for townhouses provided in article II, division 3 of this chapter.

(2)

Apartment dwellings, if built in accordance with the development standards for townhouse apartments, garden apartments, or elevator apartments provided in article II, division 4 of this chapter.

(3)

Offices, all types including medical or dental clinics.

(4)

Home occupations as provided in article III, division 3 of this chapter.

(5)

Public parking garages.

(6)

Private business, technical or trade schools or universities.

(7)

Convenience/service retail uses that do not comply as accessory uses may be permitted as a condition of site plan review in those instances where, in the judgment of the city council, special locational factors justify and necessitate such non-accessory retail activities. At no time, however, should retail commercial activity become the principal use of property.

(8)

Public facilities.

(9)

Accessory uses, as provided in article III, division 4 of this chapter.

(10)

Conditional uses. The following uses shall be allowed as conditional uses in accordance with the procedures provided in article IV, division 6 of this chapter:

a.

Detached single-family dwellings.

b.

Apartment dwellings for the elderly.

c.

Convalescent homes.

d.

Hotels or motels.

e.

Utility substations.

f.

Theaters.

g.

Research and development establishments engaged in the development and assembly of electronic equipment, precision instruments or miniaturized prototypes, so long as the occupancy of such an establishment at any one period of the day does not exceed one employee per 170 square feet of gross office, laboratory, processing or assembly floor area.

(Ord. No. 4062, § 903.05(2), 10-14-1980)

(a)

Access. Every site or lot proposed for rezoning to a P-RO classification must have adequate automobile access to Big Bend Boulevard or Manchester Road, within 750 feet as normally traversed by automobile.

(b)

Intensity regulations.

(1)

Floor area ratio. The maximum amount of gross floor area permitted for development within this district shall not exceed one times the product of the number of square feet of lot area contained within the site, or a floor area ratio, FAR of 1.0.

(2)

Modification of the floor area ratio. The maximum floor area allowable on a lot or parcel within this district may be increased as follows, provided that a site plan for the development of any such lot or parcel is submitted and reviewed as provided in article IV, division 8 of this chapter (site plan review):

a.

Lots greater than one acre in area, maximum allowable FAR of 2.5.

b.

Lots greater than three acres in area, maximum allowable FAR of 3.0.

(c)

Commonly useable residential open space. Commonly useable residential open space shall be provided in accordance with the provisions provided in article III, division 5 of this chapter for the exclusive use of residents of any building or project built in this district.

(d)

Site coverage. In order to assure the provision of open space for the exclusive use of pedestrians, the total amount of the surface of the site covered by buildings, parking, driveways, roads and any accessory buildings, shall not exceed 55 percent of the total amount of the surface of the site. This requirement shall not be construed to preclude an underground structure from occupying an entire lot and, as a condition of site plan approval, projecting no more than one story or 12 feet above the existing grade level. Any open plaza elevated above or depressed below the predominant site grade may be considered for these purposes as site surface, so long as it is developed and landscaped for pedestrian use, and adequate provision is made for open pedestrian access to such a plaza level.

(e)

Parking/space requirements.

(1)

Residential parking. A minimum of 1½ on-site parking spaces shall be provided for each apartment or attached single-family dwelling unit located on the first five stories of any structure, plus 1.4 spaces for each dwelling unit located above the fifth story.

(2)

Office and convenience service retail parking. Off-street parking shall be provided at a ratio of one parking space for each 300 square feet of gross floor space provided for office or convenience service retail uses on the first five stories of any structure, plus one parking space for each 500 square feet of such gross office floor space located above the fifth story.

(3)

Parking reduction for mixed apartment-office projects. The combined total number of parking spaces required in accordance with separate regulations for residential and commercial use may be reduced in accordance with the provisions of article III, division 2 of this chapter.

(Ord. No. 4062, § 903.05(3), 10-14-1980)

The following standards are intended to provide a benchmark for proposals for development in the P-RO district. They may be varied in the direction of greater or lesser restriction as a condition of site plan review as provided in article IV, division 8 of this chapter.

(1)

Lot size.

a.

Minimum area: 30,000 square feet.

b.

Minimum dimension: 100 feet.

(2)

Minimum right-of-way setback. 30 feet.

(3)

Minimum property line setback. 25 feet.

(Ord. No. 4062, § 903.05(4), 10-14-1980)

(a)

The NB district is intended to accommodate convenience retail shopping facilities at a scale and intensity of use that is compatible with adjacent and surrounding residential uses. Such facilities should not be extensive in area, nor should they generate substantial amounts of vehicular traffic at any time during the day. Likewise, the level of evening business activity should be minimal.

(b)

The uses permitted in this district are limited to those businesses which the residents of nearby houses and apartments need to use frequently or every day. Included are those smaller convenience/service retail establishments which do not require extensive parking areas or draw large numbers of customers.

(Ord. No. 4062, § 903.06(1), 10-14-1980; Ord. No. 4202, § 1, 3-12-1985; Ord. No. 4222, § 1, 8-13-1985; Ord. No. 4250, § 1, 3-11-1986; Ord. No. 4528, §§ 1, 2, 4-28-1992; Ord. No. 4647, § 1, 5-24-1994; Ord. No. 4980, § I, 3-27-2001; Ord. No. 5929, § I, 1-28-2020)

The following uses shall be permitted in any location within the NB district:

(1)

Food stores, including grocery stores, meat markets, or delicatessens, ice cream stores, and bakeries.

(2)

Apparel and clothing accessories stores (except for the sale of used merchandise).

(3)

Custom dressmaking or tailor shops.

(4)

Barbershops and hair salons.

(5)

Shoe sales and shoe repair shops.

(6)

Florist, gift or card shops.

(7)

Business, professional or medical offices, except clinics, urgent care centers and laboratories.

(8)

Public facilities, including police or fire stations and post offices.

(9)

Home occupations as provided in article III, division 3 of this chapter.

(10)

Accessory uses as provided in article III, division 4 of this chapter.

(11)

Any use which in the judgment of the zoning administrator is identical or similar to one or more of the above listed uses and which conforms with the intent and purpose and with the use regulations and limitations for this chapter. The zoning administrator may also request a plan and zoning commission review if the use which, in the judgment of the plan and zoning commission, is similar to one or more of the above listed uses and which conforms with the intent and purposes of this chapter and which conforms with the use regulations, use limitations and performance standards for this chapter.

(12)

Caterers.

(13)

Watch and clock shops, including repair.

(14)

Interior decorating services.

(15)

Photographic portrait studios.

(16)

Book or stationery stores.

(17)

Retail sales shops that generate minimal through the door traffic and have minimal parking requirements.

(18)

Conditional uses. The following uses shall be allowed as conditional uses in accordance with the procedures provided in article IV, division 6 of this chapter:

a.

Utility substations.

b.

Day-care centers.

c.

Nursery or kindergarten.

d.

Restaurants.

e.

Taverns.

f.

Public-common parking lots.

g.

Antique stores.

h.

Dance studios.

i.

Self-service laundry and dry-cleaning stores.

j.

Loft apartment/condo dwelling units for occupancy for one family per unit that meet the following requirements:

1.

Loft apartment/condo dwelling units shall be permitted only in non-street level locations. The term "non-street level" means any floor situated more than eight feet above grade level at all entrances.

2.

Loft apartment/condo dwelling units must have a minimum of 700 square feet of habitable space provided for each dwelling unit.

3.

If vacancy of commercial space exceeds 50 percent for a period of 18 months or more, no new tenants for loft apartment/condo dwelling units will be allowed to occupy the dwelling units until commercial occupancy is above 50 percent.

(Ord. No. 4062, § 903.06(2), 10-14-1980; Ord. No. 4202, § 1, 3-12-1985; Ord. No. 4222, § 1, 8-13-1985; Ord. No. 4250, § 1, 3-11-1986; Ord. No. 4528, §§ 1, 2, 4-28-1992; Ord. No. 4647, § 1, 5-24-1994; Ord. No. 4980, § I, 3-27-2001; Ord. No. 5648, § I, 1-10-2012; Ord. No. 5929, § I, 1-28-2020)

(a)

Lot size requirements.

(1)

Minimum lot area: 7,500 square feet.

(2)

Minimum lot width: 50 feet.

(3)

Minimum lot depth: 100 feet.

(b)

Bulk regulations.

(1)

Maximum structure height: 35 feet. Buildings of a greater height may be specifically permitted by site plan review as provided in division 8, site plan review of this chapter.

(2)

Maximum building coverage: None.

(c)

Yard and setback requirements.

(1)

None required, except that no unenclosed motor vehicle parking shall be permitted within 10 feet of a public right-of-way.

(2)

Minimum side or rear yard: None required, but if a side or rear yard is provided, no such yard shall be less than five feet in width.

(d)

Transitional yard.

(1)

Where a side lot line coincides with a side or rear lot line of an adjacent residential area, then a closed fence at least six feet but not more than eight feet in height and a landscaped yard at least ten feet in width shall be provided.

(2)

Where the rear lot line coincides with a side or rear lot line in an adjacent residential district, then a closed fence at least six feet but not more than eight feet in height, and a landscaped yard at least 20 feet in width shall be provided.

(3)

Where the rear or side wall of any nonresidential structure in this district lies across the street from the front yard of residential structures located in a residential district, then a landscaped yard at least 20 feet in depth shall be provided along such a rear or side wall.

(4)

A detailed landscape plan for all transitional yard conditions shall be submitted to the plan and zoning commission for review prior to final approval of an application.

(Ord. No. 4062, § 903.06(3), 10-14-1980; Ord. No. 4202, § 1, 3-12-1985; Ord. No. 4222, § 1, 8-13-1985; Ord. No. 4250, § 1, 3-11-1986; Ord. No. 4528, §§ 1, 2, 4-28-1992; Ord. No. 4647, § 1, 5-24-1994; Ord. No. 4980, § I, 3-27-2001; Ord. No. 5929, § I, 1-28-2020)

(a)

No separate business establishment shall contain more than 7,500 square feet of gross leasable floor space.

(b)

All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced, processed, or treated on the premises shall be sold at retail on the premises where produced. Outdoor sales and displays are prohibited.

(c)

All business, service, storage and display of goods, shall be conducted within completely enclosed structures.

(d)

No business establishment shall offer goods or services directly to consumers waiting in parked automobiles or sell beverages or food for consumption on the premises in parked automobiles.

(e)

Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district, and so that no glare is visible to traffic on any public street.

(f)

All uses shall comply with section 56-41, Performance standards.

(g)

Mobile food and/or drink carts are permitted by permit only authorized by the public works director, subject to the following conditions:

1.

Mobile carts must be operated on the premises on which the primary business is located and the location of the cart shall be subject to the review and approval of the public works director.

2.

Mobile carts cannot be located on sidewalks and/or any public right-of-way, and mobile carts will only be permitted in parking lots where the mobile food cart does reduce parking below the minimum required off-street parking. Mobile carts must not interfere with any means of ingress/egress, curbs, ramps or drive aisles.

3.

Mobile carts must not exceed one axle and/or 35 square feet.

4.

The director of public works shall determine where mobile carts that are not in use should be stored. The preferred location would be indoors and/or completely screened from view when not in use.

5.

Tables and chairs shall not be used in association with a mobile food and/or drink cart unless licensed in accordance with the outdoor dining regulations of section 42-98 of the city code.

6.

The server shall be located outside of the cart; carts supporting servers inside the cart shall not be permitted.

7.

Mobile carts shall be subject to all health and sanitation regulations as required by but not limited to section 26-19 of the city code as regulated by St. Louis County Health Department.

Any violation of the above conditions may result in the revocation of the mobile food and/or drink cart permit by the public works director.

(Ord. No. 4062, § 903.06(4), 10-14-1980; Ord. No. 4202, § 1, 3-12-1985; Ord. No. 4222, § 1, 8-13-1985; Ord. No. 4250, § 1, 3-11-1986; Ord. No. 4528, §§ 1, 2, 4-28-1992; Ord. No. 4647, § 1, 5-24-1994; Ord. No. 4980, § I, 3-27-2001; Ord. No. 5774, §§ I, II, 5-26-2015; Ord. No. 5929, § I, 1-28-2020)

(a)

The CB district is intended to accommodate a wide variety of retail commercial and personal and business service uses including those which attract shoppers from a community or city-wide and larger market area, as well as convenience service retail uses.

(b)

The district seeks to give the highest priority to uses typically located in nucleated shopping districts which, in turn, serve a contiguous community and neighborhood shopping market. Included are small retail establishments of a convenience or service nature as well as specialized or larger shoppers' goods establishments, which together attract and require intensive pedestrian and vehicular traffic. At the same time, provision is made to accommodate a variety of other business services, offices and entertainment uses which provide patronage to retail uses and a diversity of business activity.

(Ord. No. 4062, § 903.07(1), 10-14-1980; Ord. No. 4202, § 2, 3-12-1985; Ord. No. 4222, § 1, 8-13-1985; Ord. No. 4250, § 2, 3-11-1986; Ord. No. 4264, § 1, 8-12-1986; Ord. No. 4514, § 1, 10-22-1991; Ord. No. 4615, § 1, 7-27-1993; Ord. No. 4665, § 1, 9-27-1994; Ord. No. 4670, § 1, 11-8-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4857, § I, 11-10-1998; Ord. No. 4948, § I, 7-11-2000; Ord. No. 4953, §§ I, II, 8-8-2000; Ord. No. 5004, § I, 8-14-2001; Ord. No. 5005, § I, 8-14-2001; Ord. No. 5149, § I, 1-13-2004; Ord. No. 5311, § I, 1-24-2005; Ord. No. 5314, § I, 2-14-2006; Ord. No. 5451, § III, 1-22-2008; Ord. No. 5545, § I, 10-13-2009; Ord. No. 5929, § I, 1-28-2020)

The following uses shall be permitted in any location within the CB district, note the CB District includes nonstreet locations in the CB1 district along Manchester Avenue between the east right-of-way line of Roseland Terrace and its southern extension on the east and Sutton Avenue on the west. Nonstreet level is defined as any floor situated more than eight feet above grade level at all entrances or any floor situated more than six feet below grade level at all entrances.

(1)

Department and variety stores.

(2)

Business equipment and furniture stores (except for the sale of used merchandise).

(3)

Household appliances and furniture sales (except for the sale of used merchandise).

(4)

Carpet, rug and flooring stores.

(5)

Art, handicraft and school supply stores.

(6)

Book or stationery stores as limited by section 56-209 (d).

(7)

Tobacco, electronic cigarette and pipe shops.

(8)

Any restaurant that replaces a previously existing restaurant that in the judgement of the zoning administrator, is similar to the previously existing restaurant in size, scope and impact on adjacent or surrounding properties.

(9)

Hobby and toy stores.

(10)

Jewelry stores.

(11)

Leather goods and luggage stores.

(12)

Music, musical instrument and record stores.

(13)

Sporting goods stores.

(14)

Hardware, paint, glass and wallpaper stores.

(15)

Food stores, including grocery stores, meat markets or delicatessens, ice cream stores and bakeries.

(16)

Apparel and clothing accessories stores (except for the sale of used merchandise).

(17)

Bicycle stores (sales and repair).

(18)

Pharmacy.

(19)

Florist, gift and card stores.

(20)

Interior decorating services.

(21)

Photographer.

(22)

Travel agents.

(23)

Electronic equipment retail stores (except for the sale of used merchandise).

(24)

Barbershops and hair salons.

(25)

Custom dressmaking or tailor shops.

(26)

Newsstands, as limited by section 56-209 (d).

(27)

Shoe sales and shoe repair shops.

(28)

Veterinary offices.

(29)

Business and professional offices.

(30)

Display rooms where merchandise sold at wholesale is stored elsewhere, including manufacturing representative offices.

(31)

Facilities for specialized or higher education.

(32)

Dance, music, yoga, health clubs, fitness training studios and schools with a maximum class size of five people.

(33)

Multi-family residential uses that are located in "nonstreet level" locations as defined in Sec. 56-204.

(34)

Any use which in the judgment of the zoning administrator is identical or similar to one or more of the above listed uses and which conforms with the intent and purpose and with the use regulations and limitations for this chapter. The zoning administrator may also request a plan and zoning commission review if the use which, in the judgment of the plan and zoning commission, is similar to one or more of the above listed uses and which conforms with the intent and purposes of this chapter and which conforms with the use regulations, use limitations and performance standards for this chapter.

(35)

Accessory uses as provided in article III, division 4 of this chapter.

(36)

Retail pop-up stores. Retail stores, excluding restaurants, open for a maximum of 90 days that in the judgment of the zoning administrator meet the intent and purpose of the CB1 district.

(Ord. No. 4062, § 903.07(2), 10-14-1980; Ord. No. 4202, § 2, 3-12-1985; Ord. No. 4222, § 1, 8-13-1985; Ord. No. 4250, § 2, 3-11-1986; Ord. No. 4264, § 1, 8-12-1986; Ord. No. 4514, § 1, 10-22-1991; Ord. No. 4615, § 1, 7-27-1993; Ord. No. 4665, § 1, 9-27-1994; Ord. No. 4670, § 1, 11-8-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4857, § I, 11-10-1998; Ord. No. 4948, § I, 7-11-2000; Ord. No. 4953, §§ I, II, 8-8-2000; Ord. No. 5004, § I, 8-14-2001; Ord. No. 5005, § I, 8-14-2001; Ord. No. 5149, § I, 1-13-2004; Ord. No. 5311, § I, 1-24-2005; Ord. No. 5314, § I, 2-14-2006; Ord. No. 5451, § III, 1-22-2008; Ord. No. 5545, § I, 10-13-2009; Ord. No. 5929, § I, 1-28-2020; Ord. No. 6084, § I, 9-9-2025)

Editor's note— Ord. No. 5929, § I, adopted Jan. 28, 2020, repealed § 56-205, which pertained to Additional permitted uses and derived from Ord. No. 4062, § 903.07(3), adopted Oct. 14, 1980; Ord. No. 4202, § 2, adopted Mar. 12, 1985; Ord. No. 4222, § 1, adopted Aug. 13, 1985; Ord. No. 4250, § 2, adopted Mar. 11, 1986; Ord. No. 4264, § 1, adopted Aug. 12, 1986; Ord. No. 4514, § 1, adopted Oct. 22, 1991; Ord. No. 4615, § 1, adopted Jul. 27, 1993; Ord. No. 4665, § 1, adopted Sep. 27, 1994; Ord. No. 4670, § 1, adopted Nov. 8, 1994; Ord. No. 4721, § 3, adopted Mar. 12, 1996; Ord. No. 4857, § I, adopted Nov. 10, 1998; Ord. No. 4948, § I, adopted Jul. 11, 2000; Ord. No. 4953, §§ I, II, adopted Aug. 8, 2000; Ord. No. 5004, § I, adopted Aug. 14, 2001; Ord. No. 5005, § I, adopted Aug. 14, 2001; Ord. No. 5149, § I, adopted Jan. 13, 2004; Ord. No. 5311, § I, adopted Jan. 24, 2005; Ord. No. 5314, § I, adopted Feb. 14, 2006; Ord. No. 5451, § III, adopted Jan. 22, 2008; Ord. No. 5545, § I, adopted Oct. 13, 2009)

The following are conditional uses in accordance with the procedures provided in article IV, division 6 of this chapter:

(1)

Indoor theaters or cinemas, except as provided in section 56-209 (d).

(2)

Auditoriums and other assembly halls, including religious, fraternal and union meeting halls.

(3)

Health care delivery services such as clinics and urgent care centers.

(4)

Antique stores.

(5)

Caterers.

(6)

Dance, music, yoga, health clubs, fitness training studios and schools with a class size of six or more people.

(7)

Financial institutions.

(8)

Any restaurant that does not replace a previously existing restaurant or any restaurant that in the judgement of the zoning administrator, would require a conditional use permit due to its size, scope and impact on adjacent or surrounding properties.

(9)

Public off-street parking as a principal use.

(10)

Utility substations.

(11)

Seasonal businesses and office facilities (i.e., businesses and office facilities that do not maintain regular weekly business hours throughout the year or maintain regular business hours on a seasonal basis).

(12)

Consignment shops that sell high quality, pre-owned apparel and clothing accessories.

(13)

Communication towers constructed and operated in compliance Division 8 of this chapter.

(14)

Micro-breweries for the production and packaging of beer, cider and soft drinks that meet the following requirements:

a.

Micro-breweries must be associated with a retail operation.

b.

Associated retail operation must utilize a minimum of twenty-five percent of the total gross floor area of the micro-brewery business operations.

(15)

Rooftop communication antenna, constructed and operated in compliance with division 9 of this chapter.

(16)

Craft beer stores that meet the following requirements:

a.

Craft beer stores that sell only craft beer in bulk and by the drink and specialize in craft beer related items such as craft beer books, barware, bitters, mixers, glassware related to alcoholic beverages, offer classes in craft beer making and offer tastings to customers on-site (in many cases a corkage fee may be associated with this on-site tastings).

b.

No more than ten percent of total sales can be from hard alcohol.

c.

No lottery tickets can be sold on the premises.

d.

No tobacco products can be sold on the premises.

(17)

Retail dry cleaning or laundry facilities, not to include self-service laundry or dry-cleaning plants without retail services.

(18)

Cigar and hookah smoke rooms associated with a retail operation.

(19)

Medicinal marijuana facilities.

(Ord. No. 4062, § 903.07(4), 10-14-1980; Ord. No. 4202, § 2, 3-12-1985; Ord. No. 4222, § 1, 8-13-1985; Ord. No. 4250, § 2, 3-11-1986; Ord. No. 4264, § 1, 8-12-1986; Ord. No. 4514, § 1, 10-22-1991; Ord. No. 4615, § 1, 7-27-1993; Ord. No. 4665, § 1, 9-27-1994; Ord. No. 4670, § 1, 11-8-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4857, § I, 11-10-1998; Ord. No. 4948, § I, 7-11-2000; Ord. No. 4953, §§ I, II, 8-8-2000; Ord. No. 5004, § I, 8-14-2001; Ord. No. 5005, § I, 8-14-2001; Ord. No. 5149, § I, 1-13-2004; Ord. No. 5311, § I, 1-24-2005; Ord. No. 5314, § I, 2-14-2006; Ord. No. 5451, § III, 1-22-2008; Ord. No. 5545, § I, 10-13-2009; Ord. No. 5804, § I, 1-26-2016; Ord. No. 5833, § I, 10-11-2016; Ord. No. 5929, § I, 1-28-2020)

The following uses shall be prohibited in the CB district:

(1)

Pawnshops.

(2)

Massage parlors.

(3)

Tattoo shops.

(4)

Licensed betting stores.

(5)

Package liquor stores, except for craft beer stores that meet the requirements as stipulated in section 56-206 (16) above.

(Ord. No. 4062, § 903.07(5), 10-14-1980; Ord. No. 4202, § 2, 3-12-1985; Ord. No. 4222, § 1, 8-13-1985; Ord. No. 4250, § 2, 3-11-1986; Ord. No. 4264, § 1, 8-12-1986; Ord. No. 4514, § 1, 10-22-1991; Ord. No. 4615, § 1, 7-27-1993; Ord. No. 4665, § 1, 9-27-1994; Ord. No. 4670, § 1, 11-8-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4857, § I, 11-10-1998; Ord. No. 4948, § I, 7-11-2000; Ord. No. 4953, §§ I, II, 8-8-2000; Ord. No. 5004, § I, 8-14-2001; Ord. No. 5005, § I, 8-14-2001; Ord. No. 5149, § I, 1-13-2004; Ord. No. 5311, § I, 1-24-2005; Ord. No. 5314, § I, 2-14-2006; Ord. No. 5451, § III, 1-22-2008; Ord. No. 5545, § I, 10-13-2009; Ord. No. 5833, § II, 10-11-2016; Ord. No. 5929, § I, 1-28-2020)

(a)

Lot size requirements.

(1)

Minimum lot area: 7,500 square feet.

(2)

Minimum lot width: 50 feet.

(3)

Minimum lot depth: 100 feet.

(b)

Bulk regulations.

(1)

Maximum structure height: 35 feet.

(2)

Maximum building coverage: None.

(c)

Yard and setback requirements.

(1)

Minimum right-of-way setback: None required, except that no unenclosed motor vehicle parking shall be permitted within ten feet of a public right-of-way.

(2)

Side or rear yard: None required, except that if a rear or side yard is provided, no such yard shall be less than five feet in width.

(d)

Transitional yard. All structures shall be located as to maintain transitional yards of the same width and with the same screening and fencing as article II., division 6 of this chapter (NB district), unless a conditional use permit is obtained.

(Ord. No. 4062, § 903.07(6), 10-14-1980; Ord. No. 4202, § 2, 3-12-1985; Ord. No. 4222, § 1, 8-13-1985; Ord. No. 4250, § 2, 3-11-1986; Ord. No. 4264, § 1, 8-12-1986; Ord. No. 4514, § 1, 10-22-1991; Ord. No. 4615, § 1, 7-27-1993; Ord. No. 4665, § 1, 9-27-1994; Ord. No. 4670, § 1, 11-8-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4857, § I, 11-10-1998; Ord. No. 4948, § I, 7-11-2000; Ord. No. 4953, §§ I, II, 8-8-2000; Ord. No. 5004, § I, 8-14-2001; Ord. No. 5005, § I, 8-14-2001; Ord. No. 5149, § I, 1-13-2004; Ord. No. 5311, § I, 1-24-2005; Ord. No. 5314, § I, 2-14-2006; Ord. No. 5451, § III, 1-22-2008; Ord. No. 5545, § I, 10-13-2009; Ord. No. 5833, § II, 10-11-2016; Ord. No. 5929, § I, 1-28-2020)

(a)

All business establishments selling goods or providing services on the premises shall be retail or service establishments dealing directly with consumers. All goods produced, processed or treated on the premises shall be sold at retail on the premises where produced. Outdoor sales and displays are prohibited.

(b)

No business establishment may offer goods or services directly to customers waiting in parked automobiles or sell prepared food or beverages directly to customers for consumption on the premises in parked automobiles or for consumption off the premises without first obtaining a conditional use permit.

(c)

Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is directly visible to traffic on any public street.

(d)

No business establishment shall display or sell pornographic materials.

(e)

All outdoor storage, except the storage of automobiles and other motor vehicles in operating condition and off-street parking and loading spaces, shall be enclosed by screening.

(Ord. No. 4062, § 903.07(7), 10-14-1980; Ord. No. 4202, § 2, 3-12-1985; Ord. No. 4222, § 1, 8-13-1985; Ord. No. 4250, § 2, 3-11-1986; Ord. No. 4264, § 1, 8-12-1986; Ord. No. 4514, § 1, 10-22-1991; Ord. No. 4615, § 1, 7-27-1993; Ord. No. 4665, § 1, 9-27-1994; Ord. No. 4670, § 1, 11-8-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4857, § I, 11-10-1998; Ord. No. 4948, § I, 7-11-2000; Ord. No. 4953, §§ I, II, 8-8-2000; Ord. No. 5004, § I, 8-14-2001; Ord. No. 5005, § I, 8-14-2001; Ord. No. 5149, § I, 1-13-2004; Ord. No. 5311, § I, 1-24-2005; Ord. No. 5314, § I, 2-14-2006; Ord. No. 5451, § III, 1-22-2008; Ord. No. 5545, § I, 10-13-2009; Ord. No. 5929, § I, 1-28-2020)

All uses shall comply with the performance standards provided in section 56-41, performance standards, of this chapter. In addition, uses in the CB district shall be established for the primary purposes of creating a retail shopping and personal service commercial district. Preference will be given to approving only those uses which meet this standard.

(Ord. No. 4062, § 903.07(8), 10-14-1980; Ord. No. 4202, § 2, 3-12-1985; Ord. No. 4222, § 1, 8-13-1985; Ord. No. 4250, § 2, 3-11-1986; Ord. No. 4264, § 1, 8-12-1986; Ord. No. 4514, § 1, 10-22-1991; Ord. No. 4615, § 1, 7-27-1993; Ord. No. 4665, § 1, 9-27-1994; Ord. No. 4670, § 1, 11-8-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4857, § I, 11-10-1998; Ord. No. 4948, § I, 7-11-2000; Ord. No. 4953, §§ I, II, 8-8-2000; Ord. No. 5004, § I, 8-14-2001; Ord. No. 5005, § I, 8-14-2001; Ord. No. 5149, § I, 1-13-2004; Ord. No. 5311, § I, 1-24-2005; Ord. No. 5314, § I, 2-14-2006; Ord. No. 5451, § III, 1-22-2008; Ord. No. 5545, § I, 10-13-2009; Ord. No. 5929, § I, 1-28-2020)

(a)

Definitions. The CB1 district shall be defined as follows: Street level locations along Manchester Road between the east right-of-way line of Roseland Terrace and its southern extension on the east and Sutton Avenue on the west. The term "street level" means any floor that does not meet the definition of "non-street level" contained in section 56-204.

(b)

Intent and purpose. The CB1 district is a subdistrict contained within the CB Community Business District. The CB1 district is intended to accommodate a wide variety of destination type retail commercial uses, with an emphasis toward the retail sale of goods for personal consumption, dining, and entertainment, which attracts shoppers from a trade area beyond the city and, which together, attract and encourage pedestrian traffic. The CB1 district seeks to give the highest priority to uses typically located in nucleated shopping districts which, in turn, serve and are compatible with the contiguous business community and neighborhood.

(c)

CB1 district permitted uses. Permitted uses in the CB1 district shall exclude the sale of used merchandise or rental of merchandise unless specifically identified below as permitted. The permitted uses enumerated in section 56-204 shall not apply to street level locations within the CB1 district; instead the following uses shall be permitted in any street level location within the CB1 district:

(1)

Home furnishing, office products, business equipment, furniture and accessories stores.

(2)

Floor covering stores (except those with a primary emphasis on the sale of remnants).

(3)

Art, handicraft and school supply stores.

(4)

Book stores as limited by section 56-209 (d).

(5)

Photographic, audiovisual and digital equipment and supply stores.

(6)

Consumer electronic stores.

(7)

Hobby and toy stores.

(8)

Jewelry stores, watch and clock stores, including incidental repair.

(9)

Luggage stores.

(10)

Music, musical instrument and recorded music and video stores (rental permitted).

(11)

Sporting goods stores.

(12)

Hardware, paint, glass and wallcovering stores.

(13)

Food stores, including grocery stores, meat markets, delicatessens, ice cream stores and bakeries.

(14)

Apparel and clothing accessories stores.

(15)

Bicycle stores, including incidental repair.

(16)

Drugstores.

(17)

Florist, gifts and card stores.

(18)

Retail dry cleaning or laundry facilities, not to include self-service laundry or dry-cleaning plants.

(19)

Newsstands, as limited by section 56-209 (d).

(20)

Art galleries.

(21)

Any restaurant that replaces a previously existing restaurant that in the judgement of the zoning administrator, is similar to the previously existing restaurant in size, scope and impact on adjacent or surrounding properties.

(22)

Consignment shops for antiques and collectibles as defined by the zoning code.

(23)

Retail pet store with grooming.

(24)

Accessory uses as provided by article III, division 4 of this chapter.

(25)

Retail pop-up stores. Retail stores, excluding restaurants, open for a maximum of 90 days that in the judgement of the zoning administrator meet the intent and purpose of the CB1 district.

(26)

The following entertainment uses are permitted provided they are located a minimum of 300 feet from other entertainment uses, are open a minimum of four nights per week until 9:00 p.m. unless closing hours are otherwise specified below, and derive a minimum of 20 percent of their annual gross income from sources other than the sale of alcoholic beverages such as ticket sales, admission fees, sale of prepared food or meals and merchandise.

a.

Music venue.

b.

Children's entertainment or play space venues, not required to remain open until 9:00 p.m.

c.

Escape rooms.

d.

Sports and recreational activities, including but not limited to (indoor mini golf, pickleball courts, and other types of recreational entertainment activities).

e.

Cigar lounges associated with a retail operation.

f.

Wine or cocktail lounge associated with a retail operation.

g.

Any entertainment establishment use which in the judgement of the zoning administrator is similar or identical to one or more of the above listed uses. Such entertainment establishments, whether indoor or outdoor, where entertainment, either passive or active, is provided for the enjoyment of patrons. Entertainment may be offered independently or in conjunction with a non-entertainment-related use, such as a restaurant. Entertainment activities include, but are not limited to, vocal and instrumental music, dancing, karaoke, comedy, acting games, or other similar activities.

(27)

Any use which in the judgment of the zoning administrator is identical or similar to one or more of the above listed uses and which conforms with the intent and purpose and with the use regulations and limitations for this chapter. The zoning administrator may also request a plan and zoning commission review if the use which, in the judgment of the plan and zoning commission, is similar to one or more of the above listed uses and which conforms with the intent and purposes of this chapter and which conforms with the use regulations, use limitations and performance standards for this chapter.

(d)

Conditional uses. The conditional uses enumerated in section 56-206 shall not apply to street level locations within the CB1 district, and instead the following uses shall be permitted as conditional uses, in accordance with the procedures provided in article IV, division 6 of this chapter, in any street level location of the CB1 district.

(1)

Indoor theatres or cinemas, except as provided in section 56-209 (d).

(2)

Antique, vintage and collectible stores, except as prohibited by subsection (e) (9) of this section.

(3)

Music and art studios or schools that are a part of a retail sales operation.

(4)

Financial institutions.

(5)

Any restaurant that does not replace a previously existing restaurant or any restaurant that, in the judgement of the zoning administrator, would require a conditional use permit due to its size, scope and impact on adjacent or surrounding properties.

(6)

Day spas: to include hair salons, facials, manicure and pedicure services and massage services from which 20 percent of gross revenue is derived from retail sales generating sales tax and must be open a minimum of five nights per week until 8:00 p.m. No day spa can be located closer than 800 feet to another day spa.

(7)

Stores allowing customers to taste wines, liqueurs and spirits from a cask before buying them.

(8)

Tattoo and piercing studios. No tattoo and piercing studio can be closer than 500 feet to another tattoo and piercing studio.

(e)

Prohibited uses. The following uses shall be prohibited in the CB1 district:

(1)

Pawnshops.

(2)

Massage parlors.

(3)

Private entertainment uses or clubs.

(4)

Licensed betting stores.

(5)

Package liquor stores.

(6)

Seasonal businesses.

(7)

Rent to own stores.

(8)

Used clothing, resale stores and consignment shops (except those that sell antiques and collectibles as defined by the zoning code).

(9)

Check cashing and payday loan services.

(Ord. No. 4062, § 903.07(9), 10-14-1980; Ord. No. 4202, § 2, 3-12-1985; Ord. No. 4222, § 1, 8-13-1985; Ord. No. 4250, § 2, 3-11-1986; Ord. No. 4264, § 1, 8-12-1986; Ord. No. 4514, § 1, 10-22-1991; Ord. No. 4615, § 1, 7-27-1993; Ord. No. 4665, § 1, 9-27-1994; Ord. No. 4670, § 1, 11-8-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4857, § I, 11-10-1998; Ord. No. 4948, § I, 7-11-2000; Ord. No. 4953, §§ I, II, 8-8-2000; Ord. No. 5004, § I, 8-14-2001; Ord. No. 5005, § I, 8-14-2001; Ord. No. 5149, § I, 1-13-2004; Ord. No. 5311, § I, 1-24-2005; Ord. No. 5314, § I, 2-14-2006; Ord. No. 5451, § III, 1-22-2008; Ord. No. 5545, § I, 10-13-2009; Ord. No. 5763 § I, 2-10-2015; Ord. No. 5838, § I, 12-13-2016; Ord. No. 5929, § I, 1-28-2020; Ord. No. 6074, § I, 5-27-2025)

(a)

The AB district is intended to accommodate and regulate those business and commercial uses which draw customers primarily from motorists passing on the street or for whom a location on a highway or arterial street is especially useful or necessary. Such uses function relatively independent of intensive pedestrian traffic and proximity of other businesses.

(b)

Because they typically require direct access to automobile traffic and visibility from the street, careful consideration must be given to their effect on the efficiency and safety or traffic movement, as well as to their impact on adjacent areas and residences.

(c)

The uses permitted in this district consist primarily of ones which do not ordinarily seek locations in nucleated shopping centers and which therefore must be provided for at independent locations. Although some typical retail uses are permitted in the AB district, most of the uses permitted do not blend well into other retail shopping areas.

(Ord. No. 4062, § 903.08(1), 10-14-1980; Ord. No. 4222, § 1, 8-13-1985; Ord. No. 4615, § 1, 7-27-1993; Ord. No. 4647, § 2, 5-24-1994; Ord. No. 4670, § 1, 11-8-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4735, § 1, 6-25-1996; Ord. No. 4953, § III, 8-8-2000; Ord. No. 4968, § I, 11-28-2000; Ord. No. 5019, § I, 10-23-2001; Ord. No. 5187, § I, 7-13-2004; Ord. No. 5451, § III, 1-22-2008; Ord. No. 5929, § I, 1-28-2020)

The following uses shall be permitted in any location within the AB district:

(1)

Caterers.

(2)

Liquor stores.

(3)

Restaurants, except for drive-in establishments offering beverages or food to consumers for consumption on the premises or in parked automobiles.

(4)

Taverns.

(5)

Home and office furniture stores (except for the sale of used merchandise).

(6)

Floor covering stores (except those with a primary emphasis on the sale of remnants).

(7)

Interior decoration stores (including drapery and upholstering).

(8)

Barber and hair salons.

(9)

Household appliance sales and repair shops (except for the sale of used merchandise).

(10)

Electronic equipment sales and repair shops (except for the sale of used merchandise).

(11)

Printing, lithography and publishing (including office duplicating).

(12)

Pet shops, pet sales, food and supplies.

(13)

Garden supplies.

(14)

Health and sports clubs.

(15)

Animal hospitals, veterinarian office.

(16)

Indoor commercial amusements, such as bowling alleys, billiard halls and swimming pools.

(17)

Indoor theaters and cinemas.

(18)

Business, technical or trade schools.

(19)

Automotive parts and accessories.

(20)

Hardware, paint, glass or wallpaper sales.

(21)

Building materials equipment sales with storage inside.

(22)

Tombstone and monument sales, provided that all ss displays are fully enclosed.

(23)

Exterminators.

(24)

Carpenter, cabinet, furniture refinishing or upholstery shops.

(25)

Public off-street parking as a principal use.

(26)

Food stores, including grocery stores, meat markets, delicatessens, ice cream stores and bakeries.

(27)

Antique, vintage and collectible stores, except as prohibited by section 56-211, (e) (9).

(28)

Business and professional offices.

(29)

Residential uses that are located at a non-street level location where the floor is situated more than eight feet above grade level at all entrances.

(30)

Any use which in the judgment of the zoning administrator is identical or similar to one or more of the above listed uses and which conforms with the intent and purpose, use regulations and limitations. The zoning administrator may also request a plan and zoning commission review if the use which, in the judgment of the plan and zoning commission, is similar to one or more of the above listed uses and which conforms with the intent and purposes of this chapter and which conforms with the use regulations, use limitations and performance standards for this chapter.

(31)

Conditional uses. The following uses shall be allowed as conditional uses in accordance with the procedures provided in article IV, division 6 of this chapter:

a.

Mortuary or funeral home, provided that adequate provision is made for the on-site formation of a cortege consisting of one car for each ten chapel or parlor seats.

b.

Carwash, provided that adequate standing or queuing spaces for waiting vehicles are available on site for each wash rack or lane. Adequate standing or queuing shall be determined by site plan review.

c.

Utility substations.

d.

Outdoor commercial amusements, such as a swimming pool, skating rink, ice skating or miniature golf.

e.

Automobile filling stations and service stations, and automobile, motorcycle or truck repair shops.

f.

Drive-in or carryout restaurants serving prepared food or beverages to customers for consumption on premises in parked motor vehicles or for consumption off- premises.

g.

Sales, leasing and rental of motor vehicles and trailers, provided that all repairs and painting operations are fully enclosed and comply with the performance standards of section 56-41.

h.

Consignment shops that sell high quality, pre-owned apparel and clothing accessories.

i.

Communication towers constructed and operated in compliance with article III, division 8 of this chapter.

j.

Auto body shops.

k.

Health care delivery services such as clinics, urgent care centers or laboratories.

l.

Day care centers.

m.

Tattoo and piercing studio.

n.

Medicinal marijuana facilities.

o.

Self-service laundry and dry-cleaning stores.

p.

Laundry and dry-cleaning establishments (including pickup stations, package plant and plant type operations).

q.

Residential uses that are located at street level.

r.

Medical or dental clinic or laboratory.

s.

Hotels or motels.

t.

Rooftop communications antennas, constructed and operated in compliance with article III, division 9 of this chapter.

(Ord. No. 4062, § 903.08(2), 10-14-1980; Ord. No. 4222, § 1, 8-13-1985; Ord. No. 4615, § 1, 7-27-1993; Ord. No. 4647, § 2, 5-24-1994; Ord. No. 4670, § 1, 11-8-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4735, § 1, 6-25-1996; Ord. No. 4953, § III, 8-8-2000; Ord. No. 4968, § I, 11-28-2000; Ord. No. 5019, § I, 10-23-2001; Ord. No. 5187, § I, 7-13-2004; Ord. No. 5451, § III, 1-22-2008; Ord. No. 5723, § I, 1-14-2014; Ord. No. 5802, § I, 1-26-2016; Ord. No. 5929, § I, 1-28-2020; Ord. No. 6084, § II, 9-9-2025)

(a)

Lot size requirements.

(1)

Minimum lot area: 10,000 square feet.

(2)

Minimum lot width: 60 feet, except that automobile or service stations and drive-in restaurants shall have a minimum lot width of 150 feet.

(3)

Minimum lot depth: 130 feet.

(b)

Bulk regulations.

(1)

Maximum structure height: 35 feet.

(2)

Maximum building coverage: None.

(3)

Maximum floor area ratio: 1.50.

(c)

Yard and setback requirements.

(1)

Minimum right-of-way setback: 20 feet, except that if automobile parking space or driveways are not located between the public right-of-way and any principal or accessory buildings, the minimum required setback (right-of-way) may be reduced to 15 feet. Gasoline pumps, air and water service and other fixtures used in connection with automobile service stations and any motor vehicle, mobile homes, trailers, equipment and boats stored or parked in the open shall be located not less than ten feet from any public right-of-way.

(2)

Minimum side or rear yard: None required, but if a side or rear yard is provided, no such yard shall be less than five feet in width.

(d)

Transitional yard. All structures shall be located so as to maintain transitional yards of the same width and, with the same screening and fencing as are required in section 56-181 (d).

(Ord. No. 4062, § 903.08(3), 10-14-1980; Ord. No. 4222, § 1, 8-13-1985; Ord. No. 4615, § 1, 7-27-1993; Ord. No. 4647, § 2, 5-24-1994; Ord. No. 4670, § 1, 11-8-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4735, § 1, 6-25-1996; Ord. No. 4953, § III, 8-8-2000; Ord. No. 4968, § I, 11-28-2000; Ord. No. 5019, § I, 10-23-2001; Ord. No. 5187, § I, 7-13-2004; Ord. No. 5451, § III, 1-22-2008; Ord. No. 5929, § I, 1-28-2020)

(a)

No structure shall be used for residential purposes except for the use of the owner or operator of the business located on the premises and except that accommodations may be offered to the transient public by motels and hotels.

(b)

All outdoor storage, except the storage of automobiles and other motor vehicles in operating condition and off-street parking and loading spaces, shall be enclosed by screening.

(c)

All repair processing or fabrication of goods and all maintenance service provided shall be conducted wholly enclosed within a building. This provision would include the repair or washing of automobiles.

(d)

Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any property located in a residence district.

(e)

All structures and uses shall comply with the performance standards provided in section 56-41.

(Ord. No. 4062, § 903.08(4), 10-14-1980; Ord. No. 4222, § 1, 8-13-1985; Ord. No. 4615, § 1, 7-27-1993; Ord. No. 4647, § 2, 5-24-1994; Ord. No. 4670, § 1, 11-8-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4735, § 1, 6-25-1996; Ord. No. 4953, § III, 8-8-2000; Ord. No. 4968, § I, 11-28-2000; Ord. No. 5019, § I, 10-23-2001; Ord. No. 5187, § I, 7-13-2004; Ord. No. 5451, § III, 1-22-2008; Ord. No. 5929, § I, 1-28-2020)

(a)

The purpose of the PB district is to allow the flexibility of mixing a range of compatible commercial and residential land uses while minimizing potential residential/commercial conflicts through site plan review for all proposed development in the district. Due to the intent and flexibility of the PB district, it is suitable as an overlay for all other zoning districts.

(b)

The PB district is intended to provide for the development of large tracts of land with a wide variety of shopping and convenience retail uses, in addition to permitting neighborhood scale convenience retail shopping facilities and apartments which are so designed and located as to be particularly compatible in conjunction with other allowable uses. Site plan review of the PB district will ensure well-integrated developments and design harmony.

(Ord. No. 4062, § 903.09(1), 10-14-1980; Ord. No. 4561, §§ 1—6, 11-10-1992; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 5155, § III, 2-10-2004; Ord. No. 5451, § III, 1-22-2008)

The following uses shall be permitted in any location within the PB district:

(1)

Any use specifically permitted within the NB Neighborhood Business District by site plan review pursuant to article IV, division 8 of this chapter.

(2)

Any use specifically permitted within the CB Community Business District (article II, division 7 of this chapter) by site plan review in accordance with the provisions contained in section 56-1026.

(3)

Apartment dwellings and apartments for the elderly may be permitted by site plan review as provided in article IV, division 8 of this chapter, if built and located in accordance with the development standards for townhouse, walkup (garden type) and elevator apartments provided in article II, division 4 of this chapter (MR district).

(4)

Financial institutions or restaurants with or without drive-through service facilities and/or restaurants with or without carryout operations may be permitted by site plan review in accordance with the provisions contained in article IV, division 8 of this chapter. Other motor vehicle-oriented uses are permitted as conditional uses in accordance with article IV, division 6 of this chapter.

(5)

Any use which in the judgment of the zoning administrator is identical or similar to one or more of the uses listed in subsections (1) through (4) of this section and which conforms with the intent and purpose and with the use regulations and limitations for the PB district.

(6)

Accessory uses as provided in article III, division 4 of this chapter.

(7)

Conditional uses. The following uses shall be allowed as conditional uses in accordance with the procedures provided in article IV, division 6 of this chapter and shall be subject to site plan review as provided in article IV, division 8 of this chapter.

a.

Automobile filling station, incidental to a permitted use.

b.

Utility substations.

c.

Child day-care center or day nursery.

d.

Communication towers constructed and operated in compliance with article III, division 8 of this chapter.

(8)

Rooftop communication antennas constructed and operated in compliance with article III, division 9 of this chapter.

(Ord. No. 4062, § 903.09(2), 10-14-1980; Ord. No. 4561, §§ 1—6, 11-10-1992; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 5155, § III, 2-10-2004; Ord. No. 5451, § III, 1-22-2008)

(a)

Lot size requirements. Minimum site area: 15 contiguous acres.

(b)

Bulk regulations.

(1)

Maximum structure height: None except as provided in section 56-264(d).

(2)

Maximum building coverage: Up to 100 percent, provided that adequate provision is made for on-site parking, pedestrian circulation and activity, buffering and building setbacks.

(3)

Maximum floor area ratio: 2.0 FAR.

(c)

Yard and setback requirements. Minimum right-of-way setbacks: None required, except that any principal structure permitted by site plan approval for residential use shall be set back 30 feet from such right-of-way. In no event, however, shall any unenclosed motor vehicle parking occur within 15 feet of the right-of-way.

(d)

Transitional yard.

(1)

All structures shall be so located as to maintain transitional yards as required in section 56-181(d).

(2)

In the event that any structure in this district exceeds four stories or 50 feet in height, whichever is less, the depth of the required side or rear transitional yards at any lot line coterminous with a residence district shall be increased as follows:

a.

Every portion of any structure which is higher than four stories or 50 feet, whichever is smaller, above the existing grade at such a lot line shall be set back at least 80 feet from this lot line.

b.

Every portion of any structure which is higher than seven stories or 86 feet, whichever is smaller, above the existing grade at such a lot line shall be set back at least 80 feet from this lot line.

(Ord. No. 4062, § 903.09(3), 10-14-1980; Ord. No. 4561, §§ 1—6, 11-10-1992; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 5155, § III, 2-10-2004; Ord. No. 5451, § III, 1-22-2008)

(a)

All business establishments selling goods or service on the premises shall be retail or service establishments dealing directly with consumers. All goods produced, processed or treated on the premises shall be sold at retail on the premises where produced.

(b)

All business, service, storage and display of goods shall be conducted within a completely enclosed building.

(c)

Except as provided for in section 56-263(4), no use is permitted which sells beverages or food for the specific or promoted intent that it be consumed on the premises in parked automobiles.

(d)

Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in an residence district and so that no glare is visible to traffic on any public street.

(e)

No structure shall be used for residential purposes except by the operator or owner of the business located on the premises, unless a site plan is submitted and approved in accordance with article IV, division 8 of this chapter. Any such residential uses allowed must provide for commonly useable residential open space in accordance with article III, division 5 of this chapter.

(f)

All uses shall comply with the performance standards set out in article II, division 13 of this chapter.

(g)

The number of motor vehicle-oriented businesses (MVOBs) in a PB district shall be limited according to the following scale:

(1)

Developments with a minimum 15 acres and a maximum of 20 acres shall be limited to two such MVOB use.

(2)

Developments with a minimum of 21 acres and a maximum of 30 acres shall be limited to a maximum of three such MVOB uses.

(3)

Developments with greater than 30 acres may have three MVOB uses and a greater number may be permitted but subject to review in accordance with the site plan review provisions of article IV, division 8 of this chapter.

(h)

Motor vehicle-oriented businesses (MVOBs) which are proposed for development as part of a large tract in accordance with the provisions of this section must have their principal vehicular access oriented to use the development's principle entry drives to the larger development tract. All curb cuts to arterial or collector streets for such businesses whose sub-parcel locations within the larger development front to one or more arterial streets may be restricted to right turn in and right turn out configurations.

(Ord. No. 4062, § 903.09(4), 10-14-1980; Ord. No. 4561, §§ 1—6, 11-10-1992; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 5155, § III, 2-10-2004; Ord. No. 5451, § III, 1-22-2008)

The LM district is intended to accommodate light industrial manufacturing and warehousing activities at a scale and intensity of use that is compatible with the city.

(Ord. No. 4062, § 903.10(1), 10-14-1980; Ord. No. 4479, § 2, 12-11-1990; Ord. No. 4519, § 1, 1-28-1992; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4876, § I, 3-9-1999; Ord. No. 4911, § I, 10-12-1999; Ord. No. 4929, §§ I, II, 3-28-2000; Ord. No. 5175, §§ I, II, 6-8-2004)

The following uses and/or operations are specifically prohibited in the LM district:

(1)

Distillation of bones, fat rendering, glue, soap or fertilizer manufacturing.

(2)

Manufacture of cement, lime, gypsum or plaster of Paris.

(3)

Manufacture or storage of explosives or fireworks.

(4)

Petroleum or asphalt refining or manufacturing.

(5)

Reduction of garbage, refuse, offal or dead animals.

(6)

Smelting or refining of iron, copper, tin, zinc and other metals or ores.

(7)

Stockyards or slaughterhouses.

(8)

Tanning, curing or storage of raw hides or skins.

(9)

Coal distillation or coke ovens.

(10)

Foundries.

(11)

Drop forging.

(12)

Steel mills or furnaces.

(13)

Tar distillation.

(14)

Coal or coke-fired kilns.

(15)

Wrecking or junkyards.

(16)

Petroleum storage tanks except underground storage tanks in conjunction with automobile service and/or filling stations.

(17)

Rock pits or quarries for the removal of rock, sand, muck or marl, for any purpose other than the leveling of land for construction or for any necessary excavations for foundations.

(Ord. No. 4062, § 903.10(2), 10-14-1980; Ord. No. 4479, § 2, 12-11-1990; Ord. No. 4519, § 1, 1-28-1992; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4876, § I, 3-9-1999; Ord. No. 4911, § I, 10-12-1999; Ord. No. 4929, §§ I, II, 3-28-2000; Ord. No. 5175, §§ I, II, 6-8-2004)

The following uses shall be permitted in any location within the LM district:

(1)

Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods, or products, and business offices accessory thereto, similar in character and nature to the following activities and which are maintained in conformance with the use regulations, use limitations, and performance standards provided below:

a.

Dry cleaning and laundry plants.

b.

Electronic and household equipment repair shops.

c.

Printing, lithography and publishing plants.

d.

Sign fabrication and painting.

e.

Building material sales and storage.

f.

Heating, plumbing and air conditioning supplies and equipment fabrication.

g.

Carpenter, cabinet or upholstery shops.

h.

General contractors.

i.

Photographic processing.

j.

Machine parts and tool manufacture including warehouse and other storage establishments and facilities.

k.

Chemical and pharmaceutical supplies.

l.

Research and development industries.

m.

Exterminators.

n.

Sheet metal fabrication.

o.

Office space.

(2)

Any business or commercial establishments including warehouse and other storage establishments and facilities which provide supplies and/or services to industrial or manufacturing customers, or which provide sales and services primarily at wholesale, so long as such establishments are maintained in conformance with the performance standards, use regulations and limitations as prescribed in this division.

(3)

Frozen food locker and ice storage or sales.

(4)

Garden supplies and equipment.

(5)

Casket and burial vault sites.

(6)

Animal hospitals.

(7)

Greenhouses and nurseries.

(8)

Gravestone sales and stone cutting.

(9)

Public utility and public service uses, including:

a.

Bus garages.

b.

Maintenance, storage, repair or warehouse facilities.

c.

Fire and police stations.

d.

Railroad right-of-way and industrial spur tracks.

e.

Telephone exchanges, radio towers and telephone transmission equipment.

(10)

Parking lots or garages, public and private.

(11)

Accessory uses, as permitted by article III, division 4 of this chapter.

(12)

Caterers.

(13)

Restaurants, except for drive-in establishments offering beverages or food to consumers for consumption on the premises or in parked automobiles.

(14)

Home and office furniture stores (except for the sale of used merchandise).

(15)

Carpet, rug and linoleum stores.

(16)

Interior decoration stores (including drapery and upholstering).

(17)

Barbershops and beauty shops.

(18)

Household appliance sales and repair shops (except for the sale of used merchandise).

(19)

Electronic equipment sales and repair shops.

(20)

Self-service laundry and dry cleaning stores.

(21)

Laundry and dry cleaning establishments (including pick-up stations, package plant and plant type operations).

(22)

Printing, lithography and publishing (including office duplicating).

(23)

Pet shops, pet sales, food and supplies.

(24)

Business and professional offices (including financial institutions).

(25)

Sales offices and manufacturer's sales representatives.

(26)

Medical or dental clinics or laboratories.

(27)

Health and sports clubs (including gymnasiums, and sauna or Turkish baths, handball courts, and indoor tennis courts).

(28)

Veterinarians' offices.

(29)

Indoor commercial amusements, such as bowling alleys, billiard halls and swimming pools.

(30)

Indoor theaters and cinemas.

(31)

Private business, technical or trade schools.

(32)

Public facilities.

(33)

Religious, fraternal, union or similar meeting halls.

(34)

Automotive parts and accessories.

(35)

Hardware, paint, glass or wallpaper sales.

(36)

General contractors' offices.

(37)

Building materials equipment sales with storage inside.

(38)

Exterminators.

(39)

Carpenter, cabinet, furniture refinishing or upholstery shops.

(40)

Hotels or motels.

(41)

Food stores.

(42)

Research and development establishments engaged in the development and assembly of electronic equipment, precision instruments or miniaturized mechanical prototypes, so long as the occupancy of an establishment at one period of the day does not exceed one employee per 170 square feet of gross office, laboratory, processing or assembly floor area.

(Ord. No. 4062, § 903.10(3), 10-14-1980; Ord. No. 4479, § 2, 12-11-1990; Ord. No. 4519, § 1, 1-28-1992; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4876, § I, 3-9-1999; Ord. No. 4911, § I, 10-12-1999; Ord. No. 4929, §§ I, II, 3-28-2000; Ord. No. 5175, §§ I, II, 6-8-2004)

The following uses shall be allowed as conditional uses in accordance with the procedure provided in article IV, division 6 of this chapter:

(1)

Retail establishments other than those listed as permitted uses in section 56-296 which sell goods and services primarily to the employees of industrial or wholesale commercial establishments located in this district.

(2)

Utility substations, including electric, gas, water or sewage.

(3)

Automobile carwashes.

(4)

Notwithstanding section 56-299(c), the use of buildings as a residential or outpatient facility for the treatment of alcohol and other drug abuses, subject to the following use regulations:

a.

The maximum height for any such facility shall not exceed two stories;

b.

Said facility shall not be located closer than two miles to any other such substance abuse treatment facility;

c.

Said facility shall not contain more than two residents per 600 square feet of livable space, but in no event more than a maximum of 75 residents;

d.

The facility shall provide a minimum of 1½ parking spaces per 600 square feet of livable space;

e.

Such treatment facility shall install and maintain an automatic full fire suppression (sprinkler) system and an automatic fire alarm system which sounds on location and is monitored at a constantly attended location other than the local fire department; and

f.

All other use regulations not specifically defined herein shall be subject to those use regulations in section 56-132.

(5)

Indoor recreational uses occupying 10,000 square feet or greater.

(6)

Communication towers constructed and operated in compliance with article III, division 8 of this chapter.

(7)

Service stations.

(8)

Outdoor commercial amusements, such as a swimming pool, skating rink, ice skating or miniature golf, provided that all structures, facilities or activity areas are set back at least 50 feet from any lot line within any commercial or industrial district, or at least 100 feet from any lot line in an adjacent residential district.

(9)

Drive-in or carry-out restaurants serving prepared food or beverages to customers for consumption on premises in parked motor vehicles or for consumption off-premises.

(10)

Sales, leasing and rental of motor vehicles and trailers, provided that all repairs and painting operations are fully enclosed and comply with the performance standards of section 56-41.

(11)

Auto body shops.

(12)

Automobile, truck, trailer or motorcycle maintenance and repair shops.

(13)

Rooftop communication antennas, constructed and operated in compliance with article III, division 9 of this chapter.

(14)

No tattoo and piercing studio can be closer than 1,000 feet to another tattoo and piercing studio.

(Ord. No. 4062, § 903.10(4), 10-14-1980; Ord. No. 4479, § 2, 12-11-1990; Ord. No. 4519, § 1, 1-28-1992; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4876, § I, 3-9-1999; Ord. No. 4911, § I, 10-12-1999; Ord. No. 4929, §§ I, II, 3-28-2000; Ord. No. 5175, §§ I, II, 6-8-2004; Ord. No. 5723, § I, 1-14-2014)

(a)

Lot size requirements.

(1)

Minimum lot area: 12,500 square feet.

(2)

Minimum lot width: 60 feet.

(3)

Minimum lot depth: 150 feet.

(b)

Bulk regulations.

(1)

Minimum structure height: None, provided that structures greater than 50 feet in height conform with the transitional yard regulations established in section 56-181(d).

(2)

Maximum lot coverage: 50 percent.

(3)

Maximum floor area ratio: 1.00.

(c)

Yard and setback requirements.

(1)

Minimum right-of-way setback: 35 feet, except that if automobile parking space or driveways are not located between the public right-of-way and any principal or accessory building, the minimum setback may be reduced to 15 feet.

(2)

Minimum side or rear yard: None required, but if a side or rear yard is provided, no such yard shall be less than ten feet in width.

(d)

Transitional yard. All structures shall be located so as to maintain transitional yards of the same width and with the same screening as required in the NB district, as required in section 56-181(d).

(Ord. No. 4062, § 903.10(5), 10-14-1980; Ord. No. 4479, § 2, 12-11-1990; Ord. No. 4519, § 1, 1-28-1992; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4876, § I, 3-9-1999; Ord. No. 4911, § I, 10-12-1999; Ord. No. 4929, §§ I, II, 3-28-2000; Ord. No. 5175, §§ I, II, 6-8-2004)

(a)

All operations, activities and storage shall be conducted wholly inside a building or buildings, except that storage may be maintained outside a building in a side or rear yard if such storage is separated from public streets and other property by screening and deemed adequate to site plan review as provided in article IV, division 8 of this chapter.

(b)

All premises shall be furnished with all-weather, hard surface walks and, except for parking areas, the grounds shall be planted and landscaped.

(c)

No building shall be used for residential purposes except that a watchman or custodian may reside on the premises.

(d)

Exterior lighting and lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residence district.

(Ord. No. 4062, § 903.10(6), 10-14-1980; Ord. No. 4479, § 2, 12-11-1990; Ord. No. 4519, § 1, 1-28-1992; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4876, § I, 3-9-1999; Ord. No. 4911, § I, 10-12-1999; Ord. No. 4929, §§ I, II, 3-28-2000; Ord. No. 5175, §§ I, II, 6-8-2004)

(a)

Applicability.

(1)

New uses. Any use hereafter established in this LM Light Manufacturing-Warehouse District or in any other use district shall comply with the performance standards of this section.

(2)

Existing conforming uses. Any use which as of the date of adoption of this chapter complies with the applicable performance standards of this section shall continue to so comply. If, at such time, the operations of any lawful existing use violates the performance standards of this section, such operations shall not be varied or changed in any way as to increase the degree of such violation. The operation of any lawful existing use in violation of the performance standards of this chapter shall not itself make such use subject to article V of this chapter, relating to nonconformities.

(3)

Existing nonconforming uses. Any industrial or manufacturing use that is located in a zoning district in the city in which such use is not permitted but which is a lawful nonconforming use and which complies, as of the date the ordinance from which this chapter is derived and with all the performance standards listed below, shall continue to so comply. If, at any time, the operation of such lawful nonconforming industrial or manufacturing use violated these standards, then such operation shall not be varied or changed in such a way as to increase the degree of such violations.

(b)

Enforcement of performance standards.

(1)

Whenever, in the opinion of the zoning administrator, there is a reasonable probability that any use or occupancy violates these performance standards, he is hereby authorized to employ a qualified technician or technicians to perform whatever investigations and analyses as are necessary to determine whether or not they are in fact being violated.

(2)

In the event that a violation is found to exist, the violator shall be liable for the reasonable fee for retaining technicians to perform such investigations and analyses. Such fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in section 56-4.

(3)

Any violation of this chapter shall hereby be considered as creating a public nuisance. Therefore, in addition to the enforcement procedures specified in this section, the regulations of chapter 34, article VIII (nuisances) and any other applicable sections of this Code shall apply.

(c)

Standards. The performance standards set forth in division 13 of this article shall apply in accordance with the above criteria for applicability to any new or existing use in the city. All uses shall be construed, maintained and operated so as to not be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust, or other particulate matter, toxic or noxious waste materials, odors, fire and explosive hazard or glare.

(Ord. No. 4062, § 903.10(7), 10-14-1980; Ord. No. 4479, § 2, 12-11-1990; Ord. No. 4519, § 1, 1-28-1992; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4876, § I, 3-9-1999; Ord. No. 4911, § I, 10-12-1999; Ord. No. 4929, §§ I, II, 3-28-2000; Ord. No. 5175, §§ I, II, 6-8-2004)

(a)

Definition. The Greenwood Zoning Overlay District shall be defined as all properties on Greenwood Boulevard between St. Elmo and Kensington and those properties on the west side of the 3200 block of Sutton Boulevard.

(b)

Purpose. The Greenwood Zoning Overlay District (GZOD) is a subdistrict contained within the LM Light Manufacturing Business District. The GZOD is intended to combine a wide variety of destination of uses including retail and commercial uses along with those uses presently allowed in the light manufacturing district with an emphasis on design standards.

(c)

Permitted uses. Permitted uses in the GZOD shall include the AB Arterial Business District, CB Community Business District, CB1 Community Business District, NB Neighborhood Business District and LM Light Manufacturing District.

(d)

Conditional use uses. All uses that are conditional uses in the AB, CB, NB and LM zoning districts require conditional uses in the GZOD district.

(e)

Standards. Standards set forth in the GZOD shall apply to the following development types:

(1)

An infill project proposed for a vacant or substantially vacant lot.

(2)

A redevelopment project where all or most of the existing structures would be razed and a new structure or structures built.

(3)

An addition/renovation project where the total square footage of the addition/renovation exceeds 50 percent of the existing principal structure.

(4)

Where the value of new construction exceeds 50 percent of the current market value of the existing principal structure based on the most recent valuation as established by the St. Louis County Assessor.

(f)

Conflicting regulations. Where conflict results between the regulations of the overlay district and the provisions of the base zoning district, the provisions of the overlay district shall control.

(g)

First floor uses. All first floor uses must be commercial, retail or professional in nature as allowed in the AB, CB, CB1, NB and LM zoning districts. First floor residential uses are prohibited.

(h)

Mixed uses. Mixed uses in the same structure and on the same parcel are encouraged and rewarded with zoning/overlay incentives and planned unit development (PUD) status.

(i)

Floor area ratio (FAR). Maximum floor area ratio shall be 1.5. If the proposed project is to be a PUD, the FAR may be increased by 0.1 for each additional 200 square feet of useable open area above the minimum allowable rear yard green space requirement or the FAR may be increased by 0.1 for each additional two feet added to minimum rear yard setback. Maximum FAR to be 2.0.

(j)

Building height.

(1)

Maximum building height: Three stories and/or 40 feet above average grade (additional allowed under PUD).

(2)

Minimum building height: Two stories, or one story and a basement if basement floor level is less than five feet below the average perimeter grade elevation.

(k)

Setbacks.

(1)

Front yard setback: Zero feet setback preferred, maximum of ten feet is allowable (minimal landscaping requirement in the front yard setback if provided). Regardless of setback, the front elevation of buildings in excess of 22 stories shall be set back at heights above the second story.

(2)

Side yard setback: Zero feet side yard setback is allowable assuming rear yard parking is accessible via public alley or on own parcel. Side yard setback is ten feet if abutting an SR or LR district.

(3)

Rear yard setback: Not applicable for primary structure. The building coverage, FAR and on-site parking requirements will control this. Accessory structures must maintain a minimum of five feet rear yard setback if no alley, and nine feet setback if public alley is provided.

(l)

Building coverage. Building coverage shall be a maximum of 50 percent including any accessory structure. Impervious area is not controlled.

(m)

Onsite parking requirements. Onsite parking requirements: 2.5 spaces per 1,000 square feet of office/retail/manufacturing plus 1.5 spaces per each residential dwelling, utilizing the sharing factor matrix developed by the city; sum the calculated spaces required for each occupancy and divide by the sharing factor.

(n)

Accessory structure. Maximum square footage: 400 square feet. Accessory structure area is included in the building coverage calculation (also, governed by the minimum allowable distance to the primary structure).

(o)

Site plan review. Site plan review is required for all projects in the GZOD.

(1)

All structures must be square and true to the property line which coincides with the roadway right-of-way.

(2)

On-site surface parking shall not be located between the primary structure and the sidewalk/front lot line.

(3)

No residential occupancies on the first floor.

(4)

All equipment, loading and services shall not be visible from the street even if the parcel is a corner lot with street frontages on two sides. Permanent architectural screening consistent in design and detail (including materials) with the primary structure is acceptable to assist in the visibility requirement.

(5)

Primary entrances of all structures shall face the street frontage.

(6)

Townhome construction is prohibited.

(p)

Architectural requirements.

(1)

Exterior design for existing commercial buildings to be rehabilitated/redeveloped and any new commercial buildings to be constructed shall reflect the original design of the building in the case of existing buildings, and in the case of proposed new buildings, the design character of the existing commercial buildings that represent the predominant historic architectural style of the neighborhood. This standard shall not apply to existing structures currently used for industrial purposes.

(2)

Acceptable exterior building materials. In keeping with the exterior design requirements of subsection (p)(1) of this section, exterior buildings materials shall be limited to brick, stone, terra cotta, etc. on all four elevations. No EIFS, stucco, jumbo bricks, split-faced masonry units, cmu-sized blocks (eight inches by 16 inches face dimensions) or metal or vinyl siding is permitted.

(3)

First floor front elevation shall consist of large show windows and/or storefront construction at regular intervals. The front elevation from grade to second floor structure shall be a minimum of 50 percent glass.

(4)

First floor elevation is a maximum of three feet above average curb elevation across street frontage.

(5)

Blank walls void of windows and architectural detailing are prohibited. All elevations (not counting the street frontage elevation) visible from the street frontage shall maintain a similar, although secondary, level of architectural detailing as the front facade.

(6)

No warehouse style buildings, including blocky forms, flat roof lines and sparse detailing.

(7)

Variation of the front facade shall be provided using combinations of accent materials, physical offsets in plan and section, and regular repetition of fenestration, piers, etc.

(8)

Total length of building along front facade shall be limited to 80 feet. This can be increased to 150 feet if the overall composition of the elevation reads as a series of smaller masses (through the use of steps in the parapet, recesses (minimum of five feet) in the plane of the facade at grade, etc.).

(Ord. No. 5446, § I, 1-22-2008)

The HM district is intended to accommodate heavy manufacturing and related uses at a scale and intensity of use that is compatible with the city.

(Ord. No. 4062, § 903.11(1), 10-14-1980; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 5335, § I, 4-11-2006; Ord. No. 5451, § III, 1-22-2008)

The following uses and/or operations are specifically prohibited in the HM use district:

(1)

Distillation of bones, fat rendering, glue, soap or fertilizer manufacturing.

(2)

Manufacture and/or storage of explosives or fireworks.

(3)

Petroleum or asphalt refining or manufacturing.

(4)

Reduction of garbage, refuse, offal or dead animals.

(5)

Stockyards or slaughterhouses.

(6)

Tar distillation.

(7)

Coal or coke-fired kilns.

(8)

Wrecking or junkyards.

(9)

Rock pits or quarries for the removal of rock, sand, muck or marl for any purpose other than the leveling of land for construction or for any necessary excavations for foundations.

(10)

Any residential use except for those quarters necessary for security personnel.

(Ord. No. 4062, § 903.11(2), 10-14-1980; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 5335, § I, 4-11-2006; Ord. No. 5451, § III, 1-22-2008)

The following uses shall be permitted in any location within the HM district:

(1)

Any use permitted in the LM district.

(2)

Any other use by site plan review which does not conflict with any ordinance of the city, including the performance standards in section 56-41 regulating vibration, noise, odor, smoke, toxic gases, emissions of dirt, dust, fly ash, and other forms of particulate matter, radiation, and glare and heat.

(Ord. No. 4062, § 903.11(3), 10-14-1980; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 5335, § I, 4-11-2006; Ord. No. 5451, § III, 1-22-2008)

The following uses shall be allowed as conditional uses:

(1)

Communication towers constructed and operated in compliance with section article III, division 8 of this chapter.

(2)

Shortterm loan businesses as defined in section 56-3.

(3)

Rooftop communication antennas, constructed and operated in compliance with article III, division 9 of this chapter.

(Ord. No. 4062, § 903.11(3.1), 10-14-1980; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 5335, § I, 4-11-2006; Ord. No. 5451, § III, 1-22-2008)

The regulations regarding lot size, bulk, yard and setback requirements, and transitional yard requirements set forth in section 56-181(d) shall apply to the HM district.

(Ord. No. 4062, § 903.11(4), 10-14-1980; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 5335, § I, 4-11-2006; Ord. No. 5451, § III, 1-22-2008)

The regulations set forth in section 56-299 shall apply to the HM district.

(Ord. No. 4062, § 903.11(5), 10-14-1980; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 5335, § I, 4-11-2006; Ord. No. 5451, § III, 1-22-2008)

(a)

Applicability.

(1)

New uses. Any use hereafter established in this HM district or in any other use district shall comply with the performance standards of this section.

(2)

Existing conforming uses. Any use which as of the date of adoption of this chapter complies with the applicable performance standards of this section shall continue to so comply. If, at such time, the operations of any lawful existing use violates the performance standards of this section, such operations shall not be varied or changed in any way as to increase the degree of such violation. The operation of any lawful existing use in violation of the performance standards of this section shall not in itself make such use subject to article V of this chapter, relating to nonconformities.

(3)

Existing nonconforming uses. Any industrial or manufacturing use that is located in a zoning district in the city in which such use is not permitted but which is a lawful nonconforming use and which complies, as of the adoption date of the ordinance from which this section is derived, with all the performance standards listed in subsection (c) of this section, shall continue to so comply. If, at the time of adoption of the ordinance from which this chapter is derived, the operation of such lawful nonconforming industrial or manufacturing use violates the performance standards set forth in article II, division 13 of this chapter, such operation shall not be varied or changed in such a way as to increase the degree of such violations.

(b)

Enforcement of performance standards.

(1)

Whenever, in the opinion of the zoning administrator, there is a reasonable probability that any use or occupancy violates these performance standards, he is hereby authorized to employ a qualified technician or technicians to perform whatever investigations and analyses as are necessary to determine whether or not they are in fact being violated.

(2)

In the event that a violation is found to exist, the violator shall be liable for the reasonable fee for retaining technicians to perform such investigations and analyses. Such fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in section 56-4.

(3)

Any violation of this chapter shall hereby be considered as creating a public nuisance. Therefore, in addition to the enforcement procedures specified in this section, the regulations of chapter 34, article VIII (nuisances) and any other applicable sections of this Code shall apply.

(c)

Standards. The performance standards set forth in article II, division 13 of this chapter shall apply in accordance with the above criteria for applicability to any new or existing use located in the city. All uses shall be constructed, maintained and operated so as to not be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust, or other particulate matter, toxic or noxious waste materials, odors, fire, and explosive hazard or glare.

(Ord. No. 4062, § 903.11(6), 10-14-1980; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 5335, § I, 4-11-2006; Ord. No. 5451, § III, 1-22-2008)

The PA district is intended to accommodate those uses and groupings of uses which have a distinctly public rather than private character and to encourage the retention of certain properties in a relatively undeveloped state, such as a public or private recreation use or a private cemetery.

(Ord. No. 4062, § 903.12(1), 10-14-1980; Ord. No. 4647, § 3, 4-24-1994; Ord. No. 4965, § I, 10-24-2000)

The following uses shall be permitted in any location within the PA district:

(1)

Public parks, playgrounds, recreational grounds, including golf courses.

(2)

Semipublic or private parks and recreational areas when owned and operated by a nonprofit organization.

(3)

Public buildings and properties of a cultural, recreational, administrative or service type, including libraries, but not including repair yards or garages, storage or warehouses.

(4)

Private, noncommercial recreational areas and facilities, including swimming pools.

(5)

Cemeteries.

(6)

Churches and other places of worship and associated administrative, teaching, or school buildings may be permitted by site plan review as provided in article IV, division 8 of this chapter.

(7)

Public or private schools, including university-level institutional administrative and research facilities, may be permitted by site plan review as provided in article IV, division 8 of this chapter.

(8)

Public or private wildlife preservations and conservation areas, including stream valley drainage easements or floodplains.

(9)

Accessory uses as provided in article III, division 4 of this chapter.

(10)

Conditional uses. The following uses shall be allowed as conditional uses in accordance with the procedures provided in article IV, division 6 of this chapter:

a.

Hospitals and other institutions of a religious, educational, or charitable, or philanthropic nature, provided that such buildings shall not be located upon sites containing less than one acre.

b.

Public utilities and services, including substations, special rights-of-way and easements, provided that the exterior appearance of any building so permitted shall be in keeping with the character of the neighborhood in which it is so located.

c.

Child day-care center or day nursery.

d.

Communication towers constructed and operated in compliance with article III, division 8 of this chapter.

e.

Kitchen commissary for food trucks.

(Ord. No. 4062, § 903.12(2), 10-14-1980; Ord. No. 4647, § 3, 4-24-1994; Ord. No. 4965, § I, 10-24-2000; Ord. No. 5825, § I, 9-13-2016)

(a)

Lot area. No minimum lot area required.

(b)

Height. No building or structure shall exceed 35 feet in height except as permitted by site plan review as provided in article IV, division 8 of this chapter.

(c)

Yard and setback requirements.

(1)

Minimum right-of-way setback: 15 feet.

(2)

Minimum side or rear yard: None required, except when such a lot line abuts a residential use located within the same or within a different use district. In such case, side or rear yards shall be provided in accordance with the regulations for transitional yards established in section 56-181(d).

(Ord. No. 4062, § 903.12(3), 10-14-1980; Ord. No. 4647, § 3, 4-24-1994; Ord. No. 4965, § I, 10-24-2000)

(a)

Parking for any use established in this district shall be provided in accordance with article III, division 2 of this chapter.

(b)

The extension of any conforming public or semiprivate use into portions of any PA district occupied predominantly within a predominantly residential use shall occur contiguous to any such previously existing public or semipublic use.

(Ord. No. 4062, § 903.12(4), 10-14-1980; Ord. No. 4647, § 3, 4-24-1994; Ord. No. 4965, § I, 10-24-2000)

(a)

The PUD Planned Unit Development District is intended to provide a means for encouraging ingenuity, imagination and flexibility on the parts of the landowners, engineers, architects, site planners and developers in the planning and design of land areas with sufficient size and shape to allow comprehensive planning.

(b)

The ordinance establishing a PUD district shall designate the specific uses that shall be allowed as permitted, conditional or accessory uses in the PUD district, which uses may include any use which is allowed as a permitted, conditional or accessory use in either the:

(1)

AB Arterial Business, CB Community Business, NB Neighborhood Business or LM Light Manufacturing districts (collectively, the commercial uses); or

(2)

SR Single-Family Residential, LR Limited Family Residential, MR Medium Density Residential or P-RO Planned Residential-Office (collectively, the residential uses).

(c)

All uses allowed in a PUD district shall comply with the regulations, standards and procedures as outlined in section 56-448 unless the ordinance establishing a particular PUD district provides otherwise.

(Ord. No. 4062, § 903.13(1), 10-14-1980; Ord. No. 4365, § 1, 10-11-1988; Ord. No. 4532, §§ 1—13, 5-12-1992; Ord. No. 4647, § 4, 5-24-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4932, § I, 4-11-2000; Ord. No. 5103, § I, 5-27-2003; Ord. No. 5178, § I, 6-22-2004; Ord. No. 5190, § I, 7-27-2004; Ord. No. 5344, § I, 5-23-2006)

The tract of land included within a PUD district must be in one ownership or control or be the subject of a joint application by the owners of all property included within the proposal. A tract of land included within a PUD must be a minimum of more than one acre for commercial use and a minimum of 15,000 square feet for residential use.

(Ord. No. 4062, § 903.13(2), 10-14-1980; Ord. No. 4365, § 1, 10-11-1988; Ord. No. 4532, §§ 1—13, 5-12-1992; Ord. No. 4647, § 4, 5-24-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4932, § I, 4-11-2000; Ord. No. 5103, § I, 5-27-2003; Ord. No. 5178, § I, 6-22-2004; Ord. No. 5190, § I, 7-27-2004; Ord. No. 5344, § I, 5-23-2006)

An application for a PUD district shall be submitted to the zoning administrator. Applications for establishment of a PUD district shall contain the following information:

(1)

Name, address and phone numbers of the applicant and all property owners within the proposed PUD district, and evidence of unified control of the entire area of the PUD district or the consent and authorization of all owners of property within the proposed PUD district to process and implement such application;

(2)

Name, address and phone number of the registered surveyor, registered engineer, licensed architect and/or professional urban planner assisting in the preparation of the concept plan;

(3)

A legal description of the property included in the proposed PUD district;

(4)

A description of all existing land uses both within and surrounding such area;

(5)

A vicinity map illustrating the existing zoning districts within and surrounding the proposed PUD district;

(6)

A general topographic map of the proposed PUD district illustrating project and property boundaries, ground elevations, existing structures, existing utility lines and/or easements, existing streets, wooded areas, streams, lakes, marshes, floodplains and other significant physical features within the proposed PUD district. A maximum contour interval of two feet and a minimum scale of one inch to 60 feet shall be permitted;

(7)

The proposed general location of arterial, collector or other major streets within the proposed PUD district, including proposed ownership of such streets;

(8)

The proposed general location of water, sanitary sewer and storm drainage facilities within the PUD district;

(9)

The location of all uses proposed within the PUD district with the proposed density and floor area ratios;

(10)

The proposed general types of screening where required between abutting districts or uses;

(11)

The proposed order and timing of development stages, including a demonstration that each stage would complement any previously completed stage and would form a reasonably independent unit in the event that succeeding stages were delayed;

(12)

Any additional information which the zoning administrator, the plan and zoning commission or the city council feels necessary for the proper review of the proposed PUD district;

(13)

An application fee as established by the city; and

(14)

A preliminary subdivision plat, if applicable.

(Ord. No. 4062, § 903.13(3a), 10-14-1980; Ord. No. 4365, § 1, 10-11-1988; Ord. No. 4532, §§ 1—13, 5-12-1992; Ord. No. 4647, § 4, 5-24-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4932, § I, 4-11-2000; Ord. No. 5103, § I, 5-27-2003; Ord. No. 5178, § I, 6-22-2004; Ord. No. 5190, § I, 7-27-2004; Ord. No. 5344, § I, 5-23-2006)

(a)

An applicant for a proposed PUD district shall submit a preliminary development plan, provided that an applicant may request and the ordinance approving a PUD district may provide, in the city's sole discretion, that specific outlots or other portions of the proposed PUD district with respect to which preliminary development plans are not proposed are included within the PUD district but are reserved for future development and shall be subject to future approval by the city council of a preliminary development plan for such areas. Approval of a preliminary development plan may also be considered approval of the preliminary subdivision plat where applicable.

(b)

Applications to the plan and zoning commission for rezoning to a PUD district or for preliminary development plan approval shall be submitted to the zoning administrator at least ten working days prior to the commission meeting at which it is to be considered together with:

(1)

Four copies of a survey of the site in question illustrating:

a.

Boundaries and acreage of the property;

b.

Corporation, township or county lines;

c.

Names of adjacent subdivisions and owners of adjoining parcels of unsubdivided land;

d.

Existing streets, alleys and/or railroads;

e.

Existing easements;

f.

Existing utility lines and storm drainage facilities;

g.

Existing land uses and structures;

h.

Existing contours at two-foot intervals for predominant ground slopes within the project area between level and ten percent grade and five-foot intervals for predominant ground slopes over ten percent grade;

i.

North arrow and scale; and

j.

Any wooded areas, wet or flood-prone areas, streams, lakes and/or other significant natural features.

(2)

Twelve copies of a preliminary development plan drawn to scale not smaller than one inch equals 200 feet, illustrating:

a.

The proposed name of the subdivision or development;

b.

The location dimensions, height, gross floor area, entrances and setbacks of all proposed structures;

c.

An indication of the principal types of uses, gross leasable floor area and proposed entrances;

d.

The rights-of-way, pavement widths and names of all existing and proposed streets, designated either public or private;

e.

The proposed location of all driveway cuts, parking areas, loading areas, trash disposal containers and the proposed number of parking and loading spaces;

f.

The proposed location of all walkways and bikeways;

g.

The proposed location and type of any public or common open space and any proposed improvements thereto;

h.

Any proposed recreational facilities or school sites;

i.

The proposed general location and size of all utility lines, showing their connection to existing systems and supporting engineering studies demonstrating the reasonableness and feasibility of such connections and to include locations of all fire hydrants and water mains;

j.

The proposed system of storm drainage and erosion/sediment abatement, including engineering calculations and the proposed location and size of any system facilities;

k.

A landscaping plan, including the types and location of proposed vegetation and/or manmade screening devices;

l.

If phasing is proposed to complete some portion of the development later than other portions, a staged development schedule including the boundaries of each stage and the proposed starting and completion dates of each development stage shall be included by the applicant; and

m.

Proposed elevations of structures, including architectural materials.

(3)

Twenty copies of the preliminary development plan in summary form at any scale fitting an 8½-inch by 11-inch sheet of paper.

(4)

Additional preliminary development plan requirements are:

a.

If private streets or open space areas are proposed, a report shall be included containing proposals for the maintenance and management of such streets or open space;

b.

A calculation of the percentage of land to be occupied by structures;

c.

Any additional information deemed necessary by the zoning administrator, the plan and zoning commission or the city council for the proper review of the proposal; and

d.

A fee as established by the city.

Private streets may be permitted within a proposed development upon approval by city council after review and recommendation by the plan and zoning commission.

(Ord. No. 4062, § 903.13(3b), 10-14-1980; Ord. No. 4365, § 1, 10-11-1988; Ord. No. 4532, §§ 1—13, 5-12-1992; Ord. No. 4647, § 4, 5-24-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4932, § I, 4-11-2000; Ord. No. 5103, § I, 5-27-2003; Ord. No. 5178, § I, 6-22-2004; Ord. No. 5190, § I, 7-27-2004; Ord. No. 5344, § I, 5-23-2006)

The commission shall prepare and transmit to the city council and to the applicant a recommendation for approval, approval with conditions, or disapproval on the proposed ordinance establishing a PUD district, the preliminary development plan and the preliminary subdivision plat, as applicable. A recommendation of approval for rezoning to a PUD district shall include recommended conditions to be included in the ordinance authorizing the establishment of the PUD district. Such conditions shall include, but not be limited to, the following:

(1)

Permitted uses, conditional uses and accessory uses, including maximum floor area, if any;

(2)

Performance standards and hours of operation;

(3)

Height limitations;

(4)

Minimum yard requirements;

(5)

Off-street parking and loading requirements;

(6)

Minimum requirements for final development plans;

(7)

Time limitations for commencement of construction.

(Ord. No. 4062, § 903.13(3c), 10-14-1980; Ord. No. 4365, § 1, 10-11-1988; Ord. No. 4532, §§ 1—13, 5-12-1992; Ord. No. 4647, § 4, 5-24-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4932, § I, 4-11-2000; Ord. No. 5103, § I, 5-27-2003; Ord. No. 5178, § I, 6-22-2004; Ord. No. 5190, § I, 7-27-2004; Ord. No. 5344, § I, 5-23-2006)

The city council shall hold a public hearing on the proposed rezoning to a PUD district and the preliminary development plan. Such public hearing shall consider all aspects of the development plan, including all proposed stages and/or units of development.

(Ord. No. 4062, § 903.13(3d), 10-14-1980; Ord. No. 4365, § 1, 10-11-1988; Ord. No. 4532, §§ 1—13, 5-12-1992; Ord. No. 4647, § 4, 5-24-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4932, § I, 4-11-2000; Ord. No. 5103, § I, 5-27-2003; Ord. No. 5178, § I, 6-22-2004; Ord. No. 5190, § I, 7-27-2004; Ord. No. 5344, § I, 5-23-2006)

The city council may adopt an ordinance to approve, with such amendments, conditions or restrictions as the council may deem appropriate, the establishment of the proposed PUD district zoning, the preliminary development plan and the preliminary subdivision plat, as applicable, or shall deny such approval. Upon approval of the PUD district rezoning, such ordinance shall become the specific zoning regulations for the property, and all development shall be in conformance with the preliminary development plan approved for the property, and any amendments thereof.

(Ord. No. 4062, § 903.13(3e), 10-14-1980; Ord. No. 4365, § 1, 10-11-1988; Ord. No. 4532, §§ 1—13, 5-12-1992; Ord. No. 4647, § 4, 5-24-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4932, § I, 4-11-2000; Ord. No. 5103, § I, 5-27-2003; Ord. No. 5178, § I, 6-22-2004; Ord. No. 5190, § I, 7-27-2004; Ord. No. 5344, § I, 5-23-2006)

(a)

All PUD districts shall be required to submit a final development plan.

(b)

After passage by the city council of an ordinance authorizing the establishment of a PUD district, and approving a preliminary development plan, a final development plan shall be submitted in accordance with the following provisions. No building permits or authorization for improvement or development for any use requested under provisions of this division shall be issued prior to approval of such final development plans, except for permits necessary for installation of subdivision improvements pursuant to the subdivision ordinance. Final development plans shall be submitted to the plan and zoning commission for review and approval. These plans shall contain the minimum requirements established in the conditions of the specific ordinance governing the PUD district, and further, shall comply with provisions of the subdivision ordinance and other applicable city ordinances. The final development plan shall further contain:

(1)

The name, address and phone numbers of the applicant and all property owners within the proposed development, evidence of unified control of the entire area of the development and tentative agreements of all owners to plan or to provide adequate sureties for completion;

(2)

Name, address and phone numbers of the registered surveyor, registered engineer, licensed architect and/or professional urban planner assisting in the preparation of the final development plan;

(3)

A vicinity map drawn to a scale not smaller than one inch equals 800 feet, showing the relationship of the site in question to the existing pattern of development;

(4)

Twelve copies of a survey of the site as required for the preliminary development plan approved if no preliminary development plan has been previously approved;

(5)

Twelve copies and one sepia of a final subdivision plat record plan in the form required by the subdivision regulations for final plat submissions;

(6)

Twelve copies of a site plan which would include elevation drawings of proposed structures, including the configuration and exterior colors of the buildings, location and type of landscaping and any other aboveground improvements to include sidewalks, streets, stormwater retention areas and other information as may be required by the director of public works;

(7)

Twelve copies of construction drawings showing the exact location, dimensions and type of all major structures, utility lines, landscaping, private or public common open space, approved setback requirements, approved parking, loading and trash disposal areas and other information as required by the director of public works;

(8)

Deed restrictions, private covenants, agreements and all other legal statements to be used to control the use, construction and maintenance of common open space, recreational facilities, private streets and other such improvements within the development;

(9)

Architectural elevations;

(10)

A final plat under the subdivision ordinance, if applicable; and

(11)

Any other such information determined necessary by the zoning administrator or the plan and zoning commission.

(c)

If phasing is proposed to complete some portion of the development later than other portions, a staged development schedule to include the boundaries of each proposed development stage and the proposed starting and completion dates of each development stage shall be included by the applicant.

(Ord. No. 4062, § 903.13(3f), 10-14-1980; Ord. No. 4365, § 1, 10-11-1988; Ord. No. 4532, §§ 1—13, 5-12-1992; Ord. No. 4647, § 4, 5-24-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4932, § I, 4-11-2000; Ord. No. 5103, § I, 5-27-2003; Ord. No. 5178, § I, 6-22-2004; Ord. No. 5190, § I, 7-27-2004; Ord. No. 5344, § I, 5-23-2006)

The plan and zoning commission shall review the final development plan for conformance to the approved preliminary development plan and vote to recommend either approval, approval with amendments, conditions or restrictions, or disapproval.

(Ord. No. 4062, § 903.13(3g), 10-14-1980; Ord. No. 4365, § 1, 10-11-1988; Ord. No. 4532, §§ 1—13, 5-12-1992; Ord. No. 4647, § 4, 5-24-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4932, § I, 4-11-2000; Ord. No. 5103, § I, 5-27-2003; Ord. No. 5178, § I, 6-22-2004; Ord. No. 5190, § I, 7-27-2004; Ord. No. 5344, § I, 5-23-2006)

The recommendation of the commission shall be presented to the council. If the final development plan conforms to the approved preliminary development plan and if matters relating to required improvements are found in order, the council shall approve the final development plan by resolution. If such is not the case, the final development plan shall not be approved. The applicant shall be informed in writing of the action of the council. The approval of the final development plan may also be considered subdivision final plat approval if applicable.

(Ord. No. 4062, § 903.13(3h), 10-14-1980; Ord. No. 4365, § 1, 10-11-1988; Ord. No. 4532, §§ 1—13, 5-12-1992; Ord. No. 4647, § 4, 5-24-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4932, § I, 4-11-2000; Ord. No. 5103, § I, 5-27-2003; Ord. No. 5178, § I, 6-22-2004; Ord. No. 5190, § I, 7-27-2004; Ord. No. 5344, § I, 5-23-2006)

The applicant shall cause the approved final development plan to be executed and notarized by the owners, lienholders, and holders of any other interest in any property included in the proposed PUD district, following which the final development plan shall be submitted for execution by the mayor and the city clerk. The applicant shall then record the plan with the recorder and deliver to the public works director a recorded copy showing the book and page within 60 days of council approval at the applicant's expense.

(Ord. No. 4062, § 903.13(3i), 10-14-1980; Ord. No. 4365, § 1, 10-11-1988; Ord. No. 4532, §§ 1—13, 5-12-1992; Ord. No. 4647, § 4, 5-24-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4932, § I, 4-11-2000; Ord. No. 5103, § I, 5-27-2003; Ord. No. 5178, § I, 6-22-2004; Ord. No. 5190, § I, 7-27-2004; Ord. No. 5344, § I, 5-23-2006)

(a)

Applicant agreement. The applicant shall agree in writing to be bound, for himself and his successors in interest, by the conditions prescribed for the approval of a development. The approval of the ordinance adopting PUD zoning and the final development plan and stage development schedule shall control the issuance of all building permits and shall restrict the nature, location and design of all uses. Minor changes in an approved preliminary or final development plan may be approved by the plan and zoning commission if such changes are consistent with the purpose and general character of the development plan. All other modifications, including extension or revisions of the staged development scheduled, shall be processed in the same manner as the original application and shall be subject to the same procedural requirements.

(b)

Limitation on resubmission. Whenever an application for a PUD district has been denied, no application for the same area or any portion thereof shall be filed by the same applicant within six months after the date of denial.

(c)

Revocation. In the event of a failure to comply with the approved plan or any prescribed condition of approval, including failure to comply with the staged development schedule, the city council may, after notice and hearing, revoke the zoning, and the property thereafter shall revert to the zoning that existed immediately prior to rezoning to the PUD district.

(Ord. No. 4062, § 903.13(4), 10-14-1980; Ord. No. 4365, § 1, 10-11-1988; Ord. No. 4532, §§ 1—13, 5-12-1992; Ord. No. 4647, § 4, 5-24-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4932, § I, 4-11-2000; Ord. No. 5103, § I, 5-27-2003; Ord. No. 5178, § I, 6-22-2004; Ord. No. 5190, § I, 7-27-2004; Ord. No. 5344, § I, 5-23-2006)

Unless otherwise provided for in the conditions of the ordinance governing a particular PUD district, and in addition to the requirements of chapter 44, no building permits, or permits authorizing the occupancy or use of a building, facility, commercial establishment or service concern may be issued until required improvements under the jurisdiction of the city are constructed or a performance bond, escrow, or other acceptable instrument is posted covering their estimated cost as determined by the public works director. Required improvements under the jurisdiction of the city shall include, but not be limited to, streets, sidewalks, sanitary and storm sewers, street lights and street trees. If a PUD district is developed in sections, the requirement shall also apply to all major improvements necessary to the proper operation and function of the section in question, even though such improvements may be located outside of the section in question.

(Ord. No. 4062, § 903.13(5), 10-14-1980; Ord. No. 4365, § 1, 10-11-1988; Ord. No. 4532, §§ 1—13, 5-12-1992; Ord. No. 4647, § 4, 5-24-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4932, § I, 4-11-2000; Ord. No. 5103, § I, 5-27-2003; Ord. No. 5178, § I, 6-22-2004; Ord. No. 5190, § I, 7-27-2004; Ord. No. 5344, § I, 5-23-2006)

(a)

Use regulations.

(1)

Lot size requirements.

a.

Maximum lot area: None.

b.

Minimum lot area: None.

c.

Minimum lot depth: None.

(2)

Bulk regulations.

a.

Minimum structure height: None, provided that structures greater than 50 feet in height conform with the transitional yard regulations established in section 56-181(d).

b.

Maximum lot coverage: 50 percent for all commercial uses.

c.

For residential uses, a PUD district shall not contain more residential units than would be permitted under the regulations of the most dense of the following residential districts: SR, LR, MR or P-RO residence district within which the development lies. The maximum number of lots or units allowable shall be calculated by dividing the area of the development by the minimum lot area requirements of the most dense or intense residential district.

(3)

Yard and setback requirements.

a.

Minimum right-of-way setback: Shall be established as part of the preliminary and final development plan approval process.

b.

Minimum side or rear yard: None required, but if a side or rear yard is provided, no such yard shall be less than ten feet in width for commercial uses and five feet for residential uses.

(4)

Transition yard. When any PUD district includes a use which is either permitted, conditional or accessory use in the AB, CB, NB or LM zoning districts and is located adjacent to any residential district, a minimum width of 20 feet along the exterior property line shall be retained in natural woods; or planted and maintained with a dense planting of evergreens not less than four feet in height at the time of planting and reaching a mature height of not less than ten feet. The plan and zoning commission may approve some other arrangement of plantings, mounds and/or walls may be approved if such an arrangement meets the intent of this requirement.

(b)

Use limitations.

(1)

Unless the ordinance for a particular PUD district provides otherwise, all operations, activities and storage shall be conducted wholly inside a building or buildings, except that storage may be maintained outside a building in a side or rear yard if such storage is separated from public streets and other property be adequate screening.

(2)

All premises shall be furnished with all-weather, hard surface walks and, except for parking areas, the grounds shall be planted and landscaped.

(3)

Exterior lighting fixtures shall be shaded so that no direct light is cast upon adjoining properties.

(4)

All signs shall be in accordance with chapter 6, article II.

(5)

All unpaved areas of a lot shall be landscaped or a bond or letter of credit submitted to guarantee the installation of the landscaping prior to the occupancy of the principal building. Sizes and types of vegetation shall be subject to approval.

(c)

Performance standards. Unless the ordinance for a particular PUD district provides otherwise, the performance standards set forth in section 56-41 shall apply in accordance with this Code for any new or existing use located within a PUD district in the city. All uses shall be construed, maintained and operated so as to not be injurious or offensive to the occupants of the adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious waste materials, odors, fire and explosive or hazard or glare.

(d)

Parking. The minimum number of off-street parking and loading spaces shall be recommended by the plan and zoning commission and established in the city council ordinance adopted pursuant to section 56-446; unless the ordinance for a particular PUD district provides otherwise, all other provisions of article III, division 2 of this chapter shall apply.

(e)

Exterior design standards. The exterior design and materials for any building constructed or modified in a PUD shall be approved by the design and review board.

(Ord. No. 4062, § 903.13(6), 10-14-1980; Ord. No. 4365, § 1, 10-11-1988; Ord. No. 4532, §§ 1—13, 5-12-1992; Ord. No. 4647, § 4, 5-24-1994; Ord. No. 4721, § 3, 3-12-1996; Ord. No. 4932, § I, 4-11-2000; Ord. No. 5103, § I, 5-27-2003; Ord. No. 5178, § I, 6-22-2004; Ord. No. 5190, § I, 7-27-2004; Ord. No. 5344, § I, 5-23-2006)