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Newcastle City Zoning Code

ADDITIONAL DISTRICT

REGULATIONS

§ 154.090 USES SUBJECT TO REVIEW AND SPECIAL PERMITS.

   (A)   Uses subject to review authorized. Certain uses are listed in individual zoning district regulations as uses subject to review because they may or may not be compatible with the surrounding land uses permitted in that district. In such cases the property owner shall make application, notice equal to the requirements for a special permit application described in this subchapter shall be given, and the Planning Commission shall hold a public hearing and make a recommendation to the City Council. The application shall be accompanied by a site development plan and other evidence to show why the application and development as proposed are compatible with the surrounding area. City Council action required is a resolution approving a use subject to review.
   (B)   Special permits authorized. If it is determined by the city that a proposed use has not been included within this chapter as a permitted use, conditional use or a use subject to review, a property owner may apply for issuance of a special permit by the City Council. Applications for special permits may be approved only after public hearings have been held thereon by the city’s Planning Commission and the City Council in the manner and subject to the same notice requirements as are applicable to amendments of this chapter and changes in the zoning district classification of a property. After hearing an application, the city’s Planning Commission shall promptly report its recommendation to the City Council. City Council action required is a resolution approving a special permit.
   (C)   Uses requiring a special permit. This chapter is intended to be inclusive enough to include all possible uses. However, if a use cannot be found in the use regulations of this chapter, or if it is listed below, a special permit is necessary before it can be permitted in the city. All applications for special permit shall be accompanied by a detailed site plan drawn to scale showing the nature of the activity and addressing the requirements established in this section.
      (1)   Injection and disposal wells of all types.
         (a)   Consideration should be given to access and safety factors and noise mitigation when the proposed operation is close to a residential area.
         (b)   Applicant shall provide evidence that the project is shall be in full compliance with all requirements of the code of ordinances of the city and the state and federal governments.
      (2)   Extraction of sand, gravel and other materials.
         (a)   Reclamation plan approved by relevant state and federal agencies shall be submitted with the application.
         (b)   Public roadways used by the operator shall be evaluated for potential wear and tear.
      (3)   Landfill: solid waste or construction materials.
         (a)   Reclamation plan approved by relevant state and federal agencies shall be submitted with the application.
         (b)   Public roadways used by the operator shall be evaluated for potential wear and tear.
         (c)   No landfill shall be located closer than 2,640 feet to any residential dwelling, school or place of public assembly without the written consent of all residents and owners of property within 2,640 feet of any boundary of the proposed site.
         (d)   No landfill shall be located within 100 feet of the centerline of an adjacent street, road, or highway; or 80 feet from any property lines, whichever is greater.
         (e)   No landfill shall be located within the front or side yard setback area established for the zoning district in which the landfill is located.
         (f)   A sight-proof fence shall be required on all sides.
         (g)   Maximum landfill height: 35 feet.
         (h)   The site and operation shall conform to all state and federal requirements, including, but not limited to, ground water protection, drainage and erosion.
      (4)   Gun range, rifle range or pistol range.
         (a)   Outdoor range shall not be located within 600 feet of a residence.
         (b)   Range area shall be completely fenced, have controlled access point and be posted.
         (c)   Site development plan shall be submitted and have review and recommendation for approval by Police and Fire Chiefs.
      (5)   Heliport or helicopter landing pad.
         (a)   The applicant shall submit record of approval by any relevant federal agencies prior to Planning Commission consideration of the application.
         (b)   Landing site shall be fenced to control access.
      (6)   Airport or landing strip serving more than two private airplanes. The operator shall demonstrate control of required safety zones bordering the runway to ensure public safety.
      (7)   Cemetery, mausoleum, crematorium or columbarium.
         (a)   A site plan for appropriate fencing, screening, landscaping, buffering or a combination hereof, shall be submitted for review and approval.
      (8)   Oil and/or gas wells.
         (a)   Review and approval for oil and/or gas wells shall be subject to, but not limited to, the requirements and provisions outlined within the current Ch. 113 of this code of ordinances and/or all subsequent amendments to those provisions; including, but not limited to, the recodification of those provisions to another chapter, subchapter, section or division within this code of ordinances relating to oil and gas drilling, as well as any subsequent codes relating to oil and gas exploration.
         (b)   A site plan, drawn to scale, shall be submitted with each application, with adequate information to determine the exact location of the drill site as well as ancillary and accessory uses and equipment to be used in conjunction with the drilling operation. The site plan shall, at a minimum, depict the access route to the drilling site; security fencing during the drilling operation as well as after the well is completed. The site plan shall show any proposed screening and beautification applications to be installed.
         (c)   In conducting the review and evaluating the appropriateness of the issuance of a special permit the matters considered shall include, but not be limited to, the following matters:
            1.   Consideration shall be given to existing uses of surrounding land and the appropriateness of oil and gas production within that setting;
            2.   Consideration shall be given to the environmental impact to the surrounding land and city;
            3.   a.   Consideration shall be given to the form of fencing appropriate. Fencing shall be required in all instances and a site-screening plan shall be required unless a temporary exemption is granted as part of the special permit. Any temporary exemption shall be based upon the surrounding use being agricultural and upon any change in the adjacent use the fencing shall be modified to be site-screening and/or incorporate plantings to accomplish site-screening; and
               b.   The Planning Commis- sion shall review and determine the type of site screening fence, plantings or combination thereof, or recommend to the City Council the granting of a temporary exemption from site screening as part of their recommendation on the issuance of the special permit to the City Council at the time of their review of the special permit application. If a temporary exemption has been granted and there is a change in the adjacent use which terminates the temporary exemption, the Planning Commission shall review the application of the holder of the special permit for approval of a site screening plan and upon approval thereof authorize the issuance of an amended special permit eliminating the temporary exemption and incorporating the provisions for the approved site screening plan.
            4.   Consideration of the provisions for and potential impact of ingress and egress upon the city roadways and traffic safety;
            5.   Consideration of the site size provisions. Consideration shall be given to the setback provisions of § 113.21 of this code of ordinances; and
            6.   Any special permit issued by the city shall be in accordance with and shall incorporate the requirements of Ch. 113 of this code of ordinances. (Any reference in that chapter to conditional use shall not restrict or limit the application of the provisions of Ch. 113 of this code of ordinances to a special permit for extraction of oil and gas products.)
(2002 Code, § 154.070) (Ord. 486, passed 5-12-2003; Ord. 498, passed 10-13-2003; Ord. 523, passed 3-14-2005)

§ 154.091 WIND ENERGY CONVERSION SYSTEMS.

   (A)   General. Before a building permit for use of a wind energy conversion system in any allowable zoning district may be issued, all requirements of this section must be met. These provisions shall also supplement any use permitted on review or special permit provisions of this code.
   (B)   Building permit application documentation.
      (1)   For wind energy conversion systems that will be interconnected to a utility grid, no permit shall be issued by the city until an executed contract with a utility company to permit such an interconnection is provided to the city.
      (2)   Plot plan drawn in sufficient detail to clearly describe the following:
         (a)   Property lines and physical dimensions of the site;
         (b)   Location, approximate dimensions, and types of major existing structures and uses on site;
         (c)   Location and elevation of the proposed wind energy conversion system;
         (d)   Location of all above-ground utility lines on-site or within a radius equal to the total height of the wind energy conversion system;
         (e)   Location and size of structures and trees over 35 feet in height, which are within a 500-foot radius of the proposed wind energy conversion system; for purposes of this requirement, electrical transmission and distribution lines, antennas, and slender or open lattice towers are not considered structures; and
         (f)   The zoning designation of immediate and adjacent sites.
      (3)   Standard drawings of the structural components of the wind energy conversion system, including support structure, tower, base and footings.
      (4)   A line drawing identifying electrical components of the system to be installed, in sufficient detail to allow for a determination that the manner of installation conforms to the city’s Electrical Code.
      (5)   All plans and drawings shall be certified by a registered professional engineer as to conformance with all applicable statutes, codes and ordinances.
         (a)   Equipment and materials shall be used or installed in accordance with such drawings and diagrams.
         (b)   Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a registered professional engineer for compliance all applicable regulations and good engineering practices.
   (C)   Safety devices required at installation.
      (1)   Manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. A registered professional engineer shall certify that the rotor, over speed controls and tower structure have been designed and fabricated for the proposed use in accordance with good engineering practices.
      (2)   Anchor points for guy wires for the wind energy conversion system tower shall be located within property lines and not on or across any above-ground electric transmission distribution line. The point of ground attachment for the guy wires shall be enclosed by a six-foot fence, and the wind energy conversion system shall be set back from the property line a distance equal to the total height of the wind energy conversion system.
      (3)   Towers should have either a tower- climbing apparatus located no closer than 12 feet from the ground, a locked anti-climb device installed on the tower, or the tower shall be completely enclosed by a locked, protective fence at least six feet high.
      (4)   At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage.
   (D)   Operation standards.
      (1)   The system shall meet all municipal noise requirements.
      (2)   No disruptive electromagnetic interference is permitted. Evidence of harmful interference shall be cause for the city to require immediate mitigation or cessation of operation until the interference is corrected to the satisfaction of the city.
      (3)   Minimum height of the lowest part of the system operating elements such as rotors, shall be 30 feet above the highest existing major structure or any tree within a 250-foot radius. For purposes of this requirement, electrical transmission and distribution lines, antennas and slender or open-lattice towers shall not be considered structures.
   (E)   Maintenance and insurance requirements.
      (1)   The city shall reserve the authority to abate any hazardous situation and to pass the cost of such abatement on to the owner or operator of the system or the property owner of the system site.
      (2)   A wind energy conversion system which has not been operated during any 365-day period shall be deemed a potential safety hazard and is subject to citation as a nuisance after notice and legal notice public hearing by the City Council to the owner or operator of the device. Declaration of a nuisance will cause the owner, or the city in absence of the owner, to remove the system at the system owner’s or property owner’s expense.
      (3)   The applicant, owner, lessee or assignee shall maintain a current insurance policy which will cover installation and operation of the wind energy conversion system at all times. The policy shall provide a minimum of $50,000 property and personal liability coverage.
(2002 Code, § 154.071) (Ord. 486, passed 5-12-2003)

§ 154.092 COMMUNICATIONS TOWERS AND ANTENNA REGULATIONS.

   (A)   General description.
      (1)   It is the intent of this section to establish minimum standards for location, siting and regulation of communications towers and antennas in order to:
         (a)   Minimize adverse visual effects of towers through careful design, siting and vegetative screening;
         (b)   Avoid potential damage to adjacent properties from tower failure and falling objects through engineering and careful siting of tower structures;
         (c)   Allow for reasonable location and use for communications towers and antennas; and
         (d)   Address adverse effects on human health and safety.
      (2)   These regulations shall be applied and interpreted in a non-discriminatory manner to facilitate the development of communications services for the benefit of the citizens of the community. As specified herein, certain facilities shall require a special permit prior to installation.
   (B)   Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ANTENNA. A device for receiving and/or transmitting electronic data or telephone communications. This definition excludes lightning rods and whip antennas which do not exceed five inches in diameter.
      ANTENNA ARRAY. A structure attached to a communications tower that supports one or more antennas.
      AT-GRADE DISH ANTENNA. A non-whip antenna anchored to a pedestal that is anchored to a concrete footing or a slab situated at the grade level of the lot on which it is placed; not attached to a building.
      CO-LOCATION. Placement of wireless communications equipment from more than one provider on a single site.
      COMMUNICATIONS TOWER. A structure, including lattice towers, guyed towers, and monopole towers, that is designed and constructed primarily for the purpose of supporting one or more antennas. The term includes radio and transmission towers, microwave towers, common-carrier towers, wireless telephone towers, alternative tower structures and the like.
      DISH ANTENNA. A dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called MICROWAVE ANTENNA, MICROWAVE DISH ANTENNA or SATELLITE DISH ANTENNA, and classified as a non-whip antenna for the purpose of these regulations.
      GUYED TOWER. A tower which requires the use of flexible guying cables or wires as the only or principal means of resisting the designed tower loads.
      LATTICE TOWER. A self supporting three- or four-sided, open steel frame structure, used to support telecommunications equipment.
      MONOPOLE. Also known as SELF-SUPPORTING TOWER; a communications tower consisting of a single pole, with no guy wire support or exposed anchors, tapering from base to top, more than 35 feet in height, and designed to support communications equipment.
      NON-WHIP ANTENNA. Any antenna which is not a whip antenna, such as a dish antenna, panel antenna, and the like.
      PANEL ANTENNA. Also known as SECTOR ANTENNA; an antenna that transmits signals in specific directions, is typically square or rectangular in shape, and is classified as a non-whip antenna for the purpose of these regulations.
      ROOF AND/OR BUILDING MOUNTED FACILITY. A low power wireless communications facility in which antennas are mounted to an existing structure on the roof, including rooftop appurtenances, and a building face.
      TELECOMMUNICATIONS SERVICE. The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
      WHIP ANTENNA. An omni-directional dipole antenna of cylindrical shape which is no more than six inches in diameter.
   (C)   Communications devices subject to a special permit in general.
      (1)   It is the intent of this division to establish special permit requirements for the location of communications towers and antennas which: provide service for wireless telephones; provide for the needs of commercial broadcasters; and establish standards for large private communications devices serving as an accessory to a business located on the same property as the primary use. Because the city is a developing community with extensive open spaces, it is essential to promote public safety and preserve public and private neighborhood assets by limiting the height and location of these facilities to minimize their impact on present and future adjacent land uses. Therefore, wireless telephone systems and commercial broadcasters are encouraged to locate communications devices on existing towers and non-residential structures; and other location requirements are established to serve as minimum standards for consideration during the special permit review process.
      (2)   The following communications devices are permitted subject to the special permit regulations of this chapter and the specific requirements listed in this section.
         (a)   Communications tower, subject to the following requirements:
            1.   Location requirements. To be eligible for a special permit for construction of a communications tower, a site must be located on property that is:
               a.   Classified in an office, retail commercial or industrial zoning district; or
               b.   In a residential zoned district where there are no residential uses with a property line within 300 feet of the base of the tower; or
               c.   Owned by the city.
            2.   Height requirements. Com- munications towers shall be subject to all height limitations related to airport environs and flight safety; plus the following zoning district standards, whichever are the most restrictive:
               a.   Agricultural and industrial zoning districts: maximum height is subject to spacing and height requirements of this section and other applicable city codes;
               b.   Retail commercial zoning districts and municipally owned property: maximum height of 150 feet; and
               c.   All other permitted zoning districts: maximum height of 80 feet.
            3.   Spacing requirements.
               a.   A site for a new telecommunications tower taller than 80 feet in height shall be located a minimum distance of one-half mile from another telecommunications tower, including towers located outside the corporate limits of the city.
               b.   A site for a new telecommunications tower that exceeds 35 feet in height shall be located a minimum distance of one- fourth mile from another telecommunications tower, including towers located outside the corporate limits of the city.
            4.   Setback requirements.
               a.   Except as provided in the location requirements above, all towers shall be located so as to provide a minimum distance equal to 125% of the height of the tower from the tower base to the property line of a residential use.
               b.   All tower sites shall observe a minimum setback from their boundary fence to any abutting street right-of-way of 25 feet.
               c.   All guys and guy anchors shall be located within the buildable area of the lot; not within the front, rear, or side yard setbacks; and no closer than five feet to any property line.
            5.   Co-location.
               a.   All towers over a height of 70 feet shall be designed and constructed so they may be utilized by two or more wireless communications providers.
               b.   An applicant for a special permit for a new tower shall provide evidence of a good faith effort to negotiate location of this communications device on an existing tower or eligible structure and evidence that all such possibilities have been exhausted.
            6.   Monopole tower required. All towers in residential and office zoned areas shall be of monopole construction.
               a.   Site improvements, screening:
                  (i)   Fencing: a fence, not less than eight feet in height from finished grade, shall be installed around the tower site with access through a locked gate.
                  (ii)   Landscaping: All tower sites shall be landscaped to minimize their visual impact. The special permit review process shall include a Planning Commission recommendation and City Council determination that the landscaping plan is appropriate for the site. The following minimum landscaping requirements shall be met:
                  (iii)   A detailed landscaping plan shall be submitted as a part of the special permit application.
                  (iv)   Priority should be given to sites which can be hidden within a grove of established trees. In addition, or where such a location is not possible, the site shaft be landscaped as follows:
               b.   Retail commercial zoned areas: The required fence shall be covered with evergreen vines or shrubs.
               c.   All other zoning districts: Non-deciduous trees, at least six feet in height, shall be planted on ten-foot centers on the outside of the fence on all sides of the site.
               d.   In addition, the entire tower site, including parking and access drive, shall be included in the landscaping plan and improve- ments.
            7.   Lighting restrictions. No signals or warning lights shall be permitted on any tower unless required by a municipal, state or federal agency.
            8.   Advertising and sign restrictions. No commercial advertising or signage shall be allowed on any tower.
         (b)   At-grade dish antenna or antennas, with a diameter exceeding two meters, subject to the following requirements.
            1.   Location requirements. Properties eligible for consideration for a special permit for location of these antennas shall include appropriately zoned retail commercial, office and institutional or not-for-profit developments. Because of the lower height profile possible with these devices, municipal-owned properties may also be considered suitable for location of one or more of these antennas.
            2.   Height requirements. Maximum height of equipment and antennas: ten feet.
            3.   Setback requirements.
               a.   All antenna sites in this category shall observe a minimum setback of 25 feet from the site boundary fence to any abutting street right-of-way;
               b.   No antenna site shall be located within a setback area established by plat, deed restrictions, or zoning regulations;
               c.   Fencing:
                  (i)   A fence, not less than eight feet in height from finished grade, shall be installed around the antenna site with access through a locked gate. In addition, sight-proof screening as described below shall be installed and maintained:
                  (ii)   Sight-proof screening and landscaping:
                     A.   All at-grade antennas shall be screened by an opaque fence and decorative planting so the equipment is not visible from any street or pedestrian way.
                     B.   In addition, the entire antenna site, including parking, shall be included in the landscaping plan for the installation, to be presented as a part of the application.
         (c)   Antenna or antenna array located within a structure as an architectural element:
            1.   Location requirements.
               a.   Properties eligible for consideration for a special permit for location of such antenna or antenna array shall include municipal owned sites and appropriately zoned retail commercial, office and institutional or not-for-profit developments.
               b.   Antenna placement shall be within the framework of an architectural element of an existing or proposed structure, including, but not necessarily limited to, church steeple, bell tower, arch or clock tower.
               c.   Design: Consideration should be given to the ability of the applicant to integrate the design and location of the device into the design of the existing structure with the objective of rendering the device indistinguishable as an antenna.
            2.   Height and overall size. No element of the antenna shall be extended above the height, or outside the confines, of the structure of which it is a part.
   (D)   Communication devices permitted by right. The following communications devices do not require a special permit and may be installed if they meet all requirements of this division (D) and this chapter; provided that, a building permit shall be required when there are structural modifications required for the installation of the device.
      (1)   These are intended solely for the non-commercial use of a residential property owner, including, but not necessarily limited to, a monopole, dish antenna two meters or less in diameter, and whip antenna. These devices shall be considered as accessory uses subject to plat and deed restrictions and the following requirements:
         (a)   Maximum height:
            1.   Freestanding monopole or whip antenna: the height limit of the zoning district or the plat restrictions, whichever is the lesser; and
            2.   Building mounted whip or dish antenna: the height limit of the zoning district or the plat restrictions, whichever is the lesser.
         (b)   Setbacks:
            1.   The communications device, and any guys and guy wires, shall be located within the buildable area of the lot as follows;
            2.   No communications device shall be located in front of the main building; and
            3.   No communications device shall be located within in the required front, side or rear yard setbacks, and no closer than five feet to any property line, whichever is greater.
         (c)   Building permit: installation of a monopole and any at-grade antenna on a residential lot shall require a building permit. Whip and non-whip antennas attached to a building shall not require a building permit unless there is a structural modification or alteration making the installation subject to building code requirements.
         (d)   Additional devices: no more than one such device shall be permitted on a residential property by right. Additional devices shall require application and public hearing procedures for a special permit.
         (e)   All devices shall be subject to all federal and state communications regulations.
      (2)   Installation and replacement of antennas and antenna arrays on existing communications towers or to install additional antennas and antenna arrays on existing towers or suitable facilities rather than add new sites;
      (3)   Antennas and antenna arrays may be installed or replaced in all zoning districts, without further zoning or special permit proceedings, on existing utility, lighting, communications towers, and sign structures. In addition, an existing structure may be rebuilt in all zoning districts without further zoning or special permit proceedings; provided, all of the following requirements are met:
         (a)   Construction is necessary to enable the tower to support the load of the new antennas or to replace all or part of an obsolete tower;
         (b)   The rebuilt tower is substantially similar in appearance to the structure it replaces;
         (c)   The only permitted height increase is the installation of a whip antenna which shall not increase the overall height of the structure by more than 20 feet. Any other height addition shall require a special permit;
         (d)   There is no increase in the size of the site;
         (e)   There is no reduction in original required landscape improvements;
         (f)   There is no addition in land area, structures, ground equipment or parking;
         (g)   Regardless of special permit application requirements, any structural change or be subject to city building permit requirements. In addition, the City Manager shall have the authority to require a certification letter, signed and sealed by a registered professional engineer, confirming that the addition, change or modification conforms to structural wind load and all other requirements of applicable city codes;
         (h)   Placement of roof and/or building- mounted whip antennas, dish antennas of two meters or less in diameter, and other non-whip antennas, on non-residential structures and multiple-family residential structures, subject to the following:
            1.   A non-whip antenna shall not exceed the height of the building by more than ten feet and shall not intrude into any required building setback area; and
            2.   A whip antenna shall not exceed the height of the building by more than 20 feet and shall be located no closer than five feet to the perimeter of the building.
         (i)   Regardless of special permit application requirements, any structural change or modification shall be subject to city building permit requirements. In addition, the Public Works Director shall have the authority to require a certification letter, signed and sealed by a registered professional engineer, confirming that the addition, change, or modification conforms to structural wind load and all other requirements of applicable city codes;
         (j)   Inspection, removal and identification;
         (k)   Inspection requirements;
         (l)   The tower owner shall inspect the tower at least once every 36 months for compliance with all applicable Federal Communications Commission and Federal Aviation Administration regulations and provide a summary report to the Public Works Director;
         (m)   Compliance records shall be kept by the owners of all communications devices, except residential accessory antennas, and made available upon request to the Public Works Director, or the Director’s designee, during regular business hours;
         (n)   Any notice of violation shall be provided to the City Manager within seven days of receipt by the tower owner;
         (o)   The city may, at its discretion or by complaint, inspect any communications device within its jurisdiction; require an inspection if there is visible damage to a tower or antenna that appears to be significant; or, when an inspection has been conducted, significant questions remain about the structural integrity of the tower or antenna;
         (p)   Removal of structurally unsafe or unused towers and antennas;
         (q)   Failure to maintain and operate a tower or antenna in compliance with all rules and regulations of local, state, and federal jurisdictions shall be grounds for declaration of the structure as a nuisance by the city;
         (r)   Any tower or antenna that is no longer used and maintained as a communications device for a period of 36 months, or which has no current required licenses, shall be subject to declaration as a nuisance by the city and removed by the owner; and
         (s)   Identification signs required. Appropriate signs shall be posted at all communications sites requiring security fencing to indicate that trespassing and/or vandalism to the property may be punishable under local, state or federal statutes.
(2002 Code, § 154.072) (Ord. 486, passed 5-12-2003; Ord. 515, passed 5-10-2004)

§ 154.093 OFF-STREET PARKING, LOADING AND ACCESS REGULATIONS.

   (A)   General description and purpose. The intent of this chapter is to require proper access and adequate off-street parking and loading facilities for each use of land within the city, based on the demand created by each use.
      (1)   Off-street parking and loading required. Permanent off-street parking and loading areas in the amount specified in this chapter for each use shall be provided at any time a building is constructed; or at the time a main building is enlarged or increased in capacity by adding dwelling units; guest rooms, seats, or floor area; or before conversion from one type of use to another.
      (2)   Use of public right-of-way prohibited. No portion of any required off-street parking space shall occupy or use any street, right-of-way, alley or other public property. Parking spaces that use any street or public right-of-way as a direct means of access without the intermediate use of service aisle and entrances of at least the minimum standards specified in this chapter shall be prohibited. A public alley shall be the only public right-of-way area permitted for maneuvering space to reach a required parking stall.
      (3)   Minimum standards and property owner responsibility. The standards contained in this section represent the minimum requirements. It shall be the responsibility of the property owner to certify, at the time he or she applies for a building permit, that his or her plan is adequate to provide sufficient spaces and facilities necessary to assure that no activity will take place on public streets or property. Any use developed after the date of adoption of these requirements which fails to provide for off-street parking, loading and access needs shall be in violation of this chapter. Upon determination by the city that a property owner has not provided adequate parking or loading space to serve his or her operation, the property owner shall be required to either develop additional parking or loading space or reduce the size of the operation to fit the space available.
      (4)   Ownership or control. The land on which the off-street parking or loading facility is located shall be owned or controlled by the same entity which owns or controls the land on which the principal use is located. Such ownership or control shall be evidenced by a legal instrument duly recorded.
   (B)   Administration and enforcement.
      (1)   New construction or remodeling in all zoning districts. No building permit shall be approved until a plan has been reviewed and approved by the city as a part of the building and site plan review process. No certificate of occupancy shall be issued until all off-street parking and/or loading facilities have been constructed in accordance with the approved building permit.
      (2)   Plan and information required. The applicant for a building permit for new construction, expansion, or remodeling shall submit a plan showing the number, location, and size of parking spaces. The applicant shall submit information regarding the projected number of employees, seating capacities, gross floor area, customer service area, gross leasable area, number of dwelling units, and any other appropriate data necessary to verify compliance with these requirements.
      (3)   Plans for surfacing of parking areas. Plans for surfacing of all off-street parking areas, aisles and access driveways, including detailed drainage plans, shall be reviewed and approved by the city for compliance with city specifications.
      (4)   Permits required. Permits for construction of driveways, aprons or approaches in all zoning districts are required and required improvements must meet city specifications.
      (5)   Interpretation and appeal. If questions of interpretation or application of these requirements to particular uses or structures arise, the city shall, based on findings of fact, make a determination of the off-street parking, loading or access requirements. Any aggrieved property owner may appeal such determination to the Board of Adjustment as a part of the building permit application review process.
   (C)   Special considerations.
      (1)   Remote parking. If the off-street parking space required by this section cannot be reasonably provided on the same lot on which the principal use is located, such space may be provided on a separate lot in accordance with standards established herein.
      (2)   Joint parking facilities. The required parking space for any number of separate uses may be combined in a joint parking facility under the following conditions:
         (a)   Multiple ownerships or structures. Where there are multiple ownerships or structures, each owner shall provide evidence of a permanent legal instrument which has been filed of record with the County Clerk and which guarantees permanent right to use of the parking facility.
         (b)   Churches. One-half of the required parking spaces for churches may be included in the total of required parking spaces for other uses that do not operate after 6:00 p.m. or on Sundays, provided that the nearest property line of the parking area is located within 200 feet of the church property line.
         (c)   Specific uses. The required parking spaces, for the uses specifically listed below, shall be permitted to be reduced by one-half; provided, they are part of a shopping or office complex of one or more buildings which have a total of 48,000 square feet or more of gross floor area and which share joint access and parking facilities as described above; and provided further that the gross floor area of all of these uses listed below in the building or complex shall not exceed 20% of the total gross floor area of the building or complex. Any gross floor area in excess of 20% shall require parking spaces to be provided, according to the regular standards contained in this chapter. The uses subject to this provision are:
            1.   Eating establishments: sit-down, alcohol permitted or not permitted;
            2.   Drinking establishments: sit-down, alcohol permitted; and
            3.   Theaters or auditoriums.
         (d)   Shared parking - cumulative effect. Where more than one facility shows evidence of joint use agreements for common access and a cross parking arrangement resulting in reduced street access points, parking requirements will be based on the cumulative gross floor area of all structures.
      (3)   Striping required. Off-street parking areas shall be designed to provide systematic and orderly circulation, traffic separation devices and parking spaces in accordance with sound traffic engineering practices.
         (a)   All off-street parking spaces and the means of ingress and egress shall be laid out on the parking surface with paint or plastic striping which provides a permanent delineation between spaces, aisles and surrounding structures and land.
         (b)   No striping shall be required on lots having only single-family or residential structures.
      (4)   Separation from public right-of-way. All off-street parking areas, aisles and access driveways
shall be designed so that vehicles do not overhang public rights-of-way or adjacent property.
      (5)   Lighting.
         (a)   All outdoor parking lots that serve commercial and institutional uses shall be illuminated during the evening hours of operation. Evening hours shall be deemed to begin one-half hour after sunset.
         (b)   All lighting equipment used in illumination of off-street parking areas shall not create a nuisance or hazard for streets or adjoining properties.
      (6)   Clearance.
         (a)   There shall be a minimum vertical clearance, free of all obstructions to a height of ten feet, for all portions of any off-street parking space, except when off-street parking spaces are provided in a parking structure, a residential garage or carport. No obstruction shall project into this minimum clearance.
         (b)   There shall be no obstruction within or near the bounds of any required off-street parking space which would interfere with the normal availability and use thereof.
      (7)   Landscaping required. All property used solely for off-street parking lots shall comply with the landscaping requirements of this chapter.
      (8)   Paving required. All required off-street parking and drives within the parking lot shall be permanently paved with a hard surface pavement that is a minimum of two inches of hot asphaltic concrete on a four-inch compacted base or an equivalent thereto.
      (9)   Parking lot maintenance. Parking lots in commercial districts shall be maintained free of potholes and areas of crumbling, broken pavement, or exposed base material. When more than 10% of the total parking lot pavement area is in such condition, the property owner shall, in accordance with city construction standards, repair the affected area at his or her expense within 60 days following notification by the city.
      (10)   Handicapped parking requirements. As a part of the minimum parking space requirements established in the Americans for Disabilities Act and this chapter, special parking spaces shall be designated for sole use by the handicapped, for all uses other than one- through four-family residential, in accordance with the following standards:
         (a)   If less than 20 regular spaces are required, then one such space shall be designated as handicapped parking.
         (b)   If 20 or more spaces are required, then not less than 2% of all parking spaces, with a minimum of two, shall be designated as handicapped parking.
         (c)   A handicapped parking space shall be not less than 13 feet in width. This shall include a stall width of nine feet and a four-foot-wide pedestrian aisle on one side of the space.
         (d)   Where the pedestrian aisle of the space is provided at curbside, a ramp to the sidewalk level shall be constructed at the end of the aisle, in any event, a ramp from the parking area to each entrance sidewalk shall be required.
         (e)   All handicapped parking spaces shall be permanently marked or striped with paint or other device. In addition, each space shall be identified by a pole mounted sign or by a wall sign, at the option of the developer, if the space is adjacent to a building. The center of the sign shall be not lower than four feet or more than six feet above the parking surface.
         (f)   Handicapped parking spaces shall be placed as near as possible to building entrances or centrally located in parking lots between buildings.
         (g)   Parallel parking spaces shall not be used for handicapped parking.
   (D)   Specific parking requirements and exceptions.
      List of specific standards. Uses that are included in this chapter are detailed below. Each use has a specific parking standard that shall be met. In certain cases, where a use has no specific standard determined in advance by these requirements, the City Council shall make a determination of need after review of the site plan.
 
   USE CLASSIFICATION WITH APPLICABLE MINIMUM PARKING STANDARDS
      NOTE:   1. sf=square feet; GFA=Gross Floor Area; CSA=Customer Service Area.
            2. City Administrative Approval is Subject to Appeal to City Council.
Use
Parking Standard
   USE CLASSIFICATION WITH APPLICABLE MINIMUM PARKING STANDARDS
      NOTE:   1. sf=square feet; GFA=Gross Floor Area; CSA=Customer Service Area.
            2. City Administrative Approval is Subject to Appeal to City Council.
Use
Parking Standard
   RESIDENTIAL USES
Multi-family residential:
   Efficiency and 1 bedroom
   2 or more bedrooms
   Manufactured home residential
   Mobile home residential
   Group residential
 
1.5 spaces/dwelling unit
2 spaces/dwelling unit
2 spaces/dwelling unit
2 spaces/dwelling unit
1 space/2 occupants
Single-family residential
2 spaces/dwelling unit
Three- and four-family residential
2 spaces/dwelling unit
Two-family residential
2 spaces/dwelling unit
   CIVIC USES
Church, temple, synagogue or mosque
1 space/4 seats in worship area
City and other governmental uses not defined herein
City administrative approval
Community center
1 space/300 sf of GFA
Community recreation
   Swim center
   Game courts:
      Tennis, squash, racquetball, handball, basketball
      Playground, playfield, public park
   Clubhouse
 
1 space/150 sf of pool area
5 spaces/court
City administrative approval
1 space/100 sf of GFA
Cultural exhibit
1 space/400 sf of GFA
General college and university
1 space/4 classroom seats
High schools
1 space/4 classroom seats
Hospital and/or sanitarium
2 spaces/bed + 1 space/500 sf of GFA of an
emergency room or out-patient care, if provided
Library
1 space/400 sf of GFA
School, including kindergarten, elementary, junior
high and middle schools
1 space/10 classroom seats
Vocational school
1 space/2 classroom seats
   COMMERCIAL USES
Administrative and professional office
See Table 2, Office
Animal sales and service: kennel, veterinarian,
grooming
See Table 1, Retail
Automotive and equipment: storage
City administrative approval
Automotive vehicles and equipment:
   Cleaning and repairs
   Sales and rentals:
      Showroom area
      Outside lot
      Service area and body shop
 
1 space/500 sf of GFA (5 spaces minimum)
See Table 1, Retail
City administrative approval
See Table 3, Manufacturing and Retail
Communications services
See Table 2, Office
Construction sales and service:
   Showroom area
   Service area and body shop
 
See Table 1, Retail
See Table 4, Warehousing (substitute lot area for
GFA)
Convenience sales and personal services
See Table 1, Retail
Day care center
1 space/10 children enrolled; plus 1 space/20
children enrolled for loading and unloading (2
spaces minimum)
Eating establishments:
   Sit down, alcohol not permitted
   Sit down, alcohol permitted
   Fast foods
   Drive-in
   Drinking establishment, sit down, alcohol
    permitted
 
1 space/100 sf of CSA
1 space/50 sf of CSA
1 space/50 sf of CSA
1 space/50 sf of CSA (12 spaces minimum)
1 space/50 sf of CSA
Gasoline sales:
   Building area, automatic car wash excluded
   Truck stop
 
See Table 1, Retail
See Table 1, Retail, plus city administrative approval of adequate space for access and parking
Medical services
See Table 2, Office
Recreation and entertainment:
   Bowling alley
   Billiard parlor
   Dance hall
   Gymnasium
   Health club
   Skating rink
   Arcade, video game center
   Theater
   Outdoor: driving range
   Miniature golf
   Go-cart of motocross tracks
   Drive-in theater
   Amusement park
 
5 spaces/lane
See Table 1, Retail
1 space/50 sf of club area and 1 space/100 sf of
remaining GFA
City administrative approval
See Table 1, Retail
City administrative approval
See Table 1, Retail
1 space/4 seats
1 space/1.5 driving stations
2 spaces/3 holes
City administrative approval
6 spaces minimum plus adequate spaces for viewing
City administrative approval
Personal storage; mini-warehouse
See Table 4, Warehouse
Repair services, consumer
See Table 1, Retail
Research laboratories
See Table 2, Office
Retail sales and services, general
See Table 1, Retail
Outdoor swap meets
City administrative approval
Transient accommodations:
   Campground
   Hotel, motel or other lodging
 
City administrative approval
1 space/rental unit, plus 1 space/200 sf of GFA of restaurant area (including kitchen), plus 1 space/100 sf of GFA of club area (excluding office and meeting rooms), plus 1 space/100 sf of GFA for any retail area
   INDUSTRIAL AND MANUFACTURING USES
Excavation, minerals extraction or other activities
with minimal buildings
City administrative approval
Manufacturing and industrial
See Table 3, Manufacturing and Industrial
Wholesaling, storage and distribution
See Table 4, Warehousing
   Minimum Parking Standards Tables
   TABLE 1 - RETAIL
For the first 10,000 sf of GFA
1 space/200 sf of GFA; plus
From 10,001 to 40,000 sf of GFA
1 space/225 sf of GFA over 10,000; plus
Over 40,000 sf of GFA
1 space/250 sf of GFA over 40,000
   TABLE 2 - OFFICE
For the first 10,000 sf of GFA
1 space/200 sf of GFA; plus
From 10,001 to 40,000 sf of GFA
1 space/300 sf of GFA over 10,000; plus
Over 40,000 sf of GFA
1 space/350 sp of GFA over 40,000
TABLE 3 - MANUFACTURING AND INDUSTRIAL
For the first 20,000 sf of GFA
1 space/500 sf of GFA; plus
Over 20,000 sf of GFA
1 space/1,000 sf of GFA over 40,000
   TABLE 4 - WAREHOUSING
For the first 20,000 sf of GFA
1 space/1,000 sf of GFA; plus
Over 20,000 sf of GFA
1 space/5,000 sf of GFA over 20,000
 
   (E)   Parking area design standards.
      (1)   Parking stall. Minimum size: nine feet wide, 18 feet long.
      (2)   Loading/unloading (queuing) spaces.
         (a)   No queuing space may occupy any portion of a public right-of-way.
         (b)   Queuing spaces shall be a minimum of nine feet in width and 18 feet in length.
         (c)   Queuing spaces may not be used to satisfy the off-street parking or loading requirements of this section.
         (d)   Queuing spaces may be provided in the primary access aisle leading to a drive-in or drive-through facility.
      (3)   Aisle requirements.
         (a)   Aisles providing access to off-street parking areas, but not immediately adjacent to or providing direct access to an off-street parking space, shall be at least 22 feet in width if designed for two- way traffic and at least 12 feet in width if designed for one-way traffic.
         (b)   A drive-in window shall not project more than one foot into the minimum aisle width.
      (4)   Exceptions to basic standards.
         (a)   Family estate, single-family and duplex structures may use a paved driveway to fulfill the minimum parking requirements. The driveway space for each automobile shall be a minimum of nine feet in width and 18 feet in length and shall not be located within five feet of the street pavement.
         (b)   Where a multiple purpose retail, institutional or industrial building is proposed to be occupied by a use which can be demonstrated by the occupant to require less parking than the standards contained herein, the city may permit, subject to City Council approval, paving of a smaller parking area to meet the estimated need; provided, however, that, the balance of the land required by these requirements shall be held in reserve as an unpaved area to meet future needs generated by an expansion of the business or a change in land use.
         (c)   For mixed uses containing any combination of retail, institutional, office, manufacturing and industrial, or warehousing activity, parking requirements shall be tabulated separately for each use within the development using the list of specific standards or the tables above. Mixed uses regulated under separate parking requirements shall not be combined to achieve a larger square footage total that would result in a reduced parking requirement. Where any part of a mixed use is converted to another use category, then the parking requirements shall be recalculated based on the new square footage figure.
         (c)   Where a manufacturing and industrial use has more than one working shift of employees, parking facilities shall be adequate to accommodate overlap requirements during transition periods.
   (F)   Off-street loading/unloading spaces for industrial, commercial and institutional buildings.
      (1)   Requirement. Every industrial, commercial, and civic building erected or expanded shall provide space, as indicated herein, for loading and unloading of vehicles and hauling trailers. The number of spaces required shall be considered as the absolute minimum, and the owner/applicant shall evaluate his or her own needs to determine if they are greater than the minimum specified.
      (2)   Size. All off-street loading and unloading spaces shall have minimum dimensions of 12 feet by 60 feet with a 15-foot overhead clearance. In no case shall required off-street loading and unloading spaces encroach upon off-street parking space required in this code, or on a public right-of-way. No maneuvering shall be permitted on a public right-of-way.
      (3)   Design. Off-street loading and unloading spaces shall be designed so that vehicles shall maneuver entirely within the property lines of the premises and not on a public right-of-way. Unenclosed off-street loading and unloading areas shall be permanently paved with hard surfaced pavement. A six-inch header curb must also be constructed to separate a loading area from a public right-of-way.
      (4)   Minimum. Table 5, below, sets forth the minimum number of loading/unloading spaces required by use category according to gross floor area:
 
Table 5 - Minimum Loading and Unloading Standards
Land Use
Gross Floor Area in Square Feet
Total Minimum Number of Spaces Required
Office and Civic
0 - 48,000
48,001 - 100,000
100,001 and over
0
1
2
Retail Commercial and Industrial
0 - 12,000
12,001 - 48,000
0
1
 
   (G)   Additional requirements: trash dumpster and receptacle enclosure and pads.
      (1)   No dumpster or receptacle shall be placed in a required parking space.
      (2)   Dumpsters and receptacles designed for transfer and unloading by trucks shall not be located where they interfere with traffic circulation or access to parking spaces and shall have a permanent location pad or enclosure and access way designed and constructed in accordance with the city code standards.
      (3)   Dumpsters and receptacles shall be provided with a pad, and an access drive if necessary to enter private property, that is designed and constructed to standards to city codes, with a minimum standard will provide for support the weight of collection vehicles without contributing to the destruction of the pavement.
   (H)   Access.
      (1)   Purpose. To provide access to private and public property in a safe, efficient, and orderly manner that is compatible with the public transportation system and to ensure orderly designs and proper location of driveways that have a positive effect on traffic operations. In addition, this section provides means for enhancing transportation movement and safety within the city, including generally improved traffic capacity, maintaining uniform traffic speeds and reducing accidents.
      (2)   Access to lots. To qualify for issuance of any new driveway permit or approval of a new curb cut, each lot of record, regardless of zoning district, must show access via a hard surface connection as defined in Appendix A of this chapter to a public street, or private street that has been recognized by the City Council as meeting all city requirements.
         (a)   Hard surface connections will be administratively reviewed if access abuts a public or private road not in compliance with city standards according to Ch. 153, Appendix A.
      (3)   Curb cut permit. No person shall cut or remove curbing or construct a driveway onto a street without securing a permit from the city. All costs to construct or remove curbs and driveways shall be the responsibility of the applicant. Any roadway improvement that is designed to provide access to a lot shall also be the responsibility of the applicant. All curb cuts, new construction and curb replacement shall conform to city design and construction standards.
      (4)   Access to streets: single- and two-family residences. Single- and two-family residences in all zoning districts shall be permitted curb cuts for driveway access to streets as follows:
         (a)   Maximum number of curb cuts:
            1.   One curb cut per street frontage; or
            2.   Two curb cuts on the same street frontage for a circular drive on an interior lot. In E-1, E-2, and E-3 zoning districts, two separate curb cuts may be permitted without a circular drive and shall not be closer to the property line than the district’s side or rear yard setback; or
            3.   Three curb cuts on a corner lot to accommodate a circular drive and a driveway to provide access to a garage or rear yard; or
            4.   Two-family residences shall be permitted one curb cut per residence on the same street frontage, provided there is a minimum separation of three feet between curb cuts for connected dwelling units.
         (b)   Curb cut dimensions: Regardless of the width of the driveway, the maximum width of curb cuts for single and two-family residential uses shall be 24 feet.
      (5)   Access to major streets: single-family to four-family residences.
         (a)   In no case shall a residential structure with four or less dwelling units be allowed access onto a highway or section line road if direct access is available onto a collector, or local street. Residential structures, or complexes of five or more dwelling units under the same ownership, shall be required to follow the general access provisions set forth in this chapter.
         (b)   Driveways shall be configured with an adequate turnaround or maneuvering area on the premises to permit all vehicles to access the street by moving in a forward direction rather than having to back into the roadway.
      (6)   Restricted access to residential areas. The City Council shall have the authority to restrict access into a residential zoned neighborhood from any industrial, commercial, multiple-family and other non-residential uses, including churches and other institutional uses. It may direct that no curb cuts be
placed on that portion of a local residential street adjacent to the commercially zoned tract if it determines:
         (a)   That such access will create unwarranted traffic that could adversely affect the safety, security and stability of the neighborhood; and
         (b)   There is sufficient access from other streets serving the same development parcel.
   (I)   Corner clearance and separation requirements for driveways.
      (1)   Driveways shall be separated from street intersections and other driveways by the distances defined in Table 6.
         (a)   These distances shall be measured from the centerline of streets to the curb line of driveways, excluding radii.
         (b)   These requirements shall be applied to strip developments having multiple ownership and to developments of all sizes under one ownership.
         (c)   Where a property has less frontage than the minimum requirements contained in Table 6 below, a driveway shall still be permitted for each street frontage, provided that it is located at a point of maximum separation from the nearest street (first priority) and nearest driveway (second priority).
      (2)   Design.
         (a)   The intersection of a two-way driveway shall be designed to intersect at a 90-degree angle.
         (b)   The corner radius of a driveway shall be no less than:
            1.   Fifteen feet for a local street;
            2.   Twenty feet for a collector street;
            3.   Twenty-five feet for a section line street or highway; and
            4.   Residential driveways on local or collector streets shall have a minimum radius of three feet.
         (c)   A minimum sight distance of four hundred feet for vehicles egressing a driveway to a section line road or highway shall be required for each intersection. The sight distance shall be measured from a point on the driveway at least 15 feet from the edge of the major road pavement and measured from a height of eye of three and three-quarters feet on the driveway to a height of an object of four and one-half feet on the major road.
         (d)   One-way egress driveways shall conform to the sight distance requirements that are stated for two-way driveways. One-way egress driveways of less than 90 degrees may be required by the city where it is determined that it is in the interest of the public health, safety and general welfare. All driveways and access facilities shall be designed to meet the grade, alignment, pavement and channelization standards and other specifications prescribed by the city.
 
Table 6 - Minimum Driveway Separation Between Driveways and Street Intersections
(1)   Separation distance standard: if driveway is located on:
Section line or highway
Collector street
Local or minor street
   Intersecting street:
   (a)   Section line road or highway
   (b)   Collector street
   (c)   Local or minor street
      (all not classified under (a) and (b) above)
200
100
100
150
60
60
150
60
60
(2)   Additional driveway on the same property and on the same street frontage (non-residential and multi-family standard): One driveway per 200 feet of frontage or portion thereof, provided separate driveways, limited to one for entrance and one for exit, may be approved by administrative review of the site design.
 
   (J)   Parking in setback area permitted. Private property that is required to remain undeveloped for special setback line purposes may be improved for surface-level off-street parking unless specifically restricted by a provision of this code; provided that no improved or required off-street parking shall be allowed within the first 40 feet from the above listed centerlines of all section line roads, which shall be reserved for future street widening and utility installation needs.
   (K)   Parking of mobile homes and miscellaneous trailers and commercial vehicles.
      (1)   Boats, commercial and/or utility trailers, motor homes, campers or camping trailers shall not be parked in front of the front building line setback as established by the code of ordinances for more than seven days.
      (2)   A commercial and/or utility trailer shall not exceed 24 feet in length or eight feet in width. Pickup mounted cambers shall not be included in the above definition unless the vehicle is not used on a regular basis which shall include being moved from the location at least once every seven days.
      (3)   A mobile home shall not be stored on a lot in a residential district. This does not prohibit the use of a mobile home as a residence, in those districts where a mobile home has been permitted as a residence.
      (4)   No commercial vehicle in excess of two axles or 15,000 pounds gross weight shall be permitted to park on any lot which is zoned for residential purposes under the R-F-l through R-MH-2 classifications, except where a yearly permit is issued by the Code Enforcement Officer. The permit shall be issued only if the following exist:
         (a)   Minimum lot area of two acres;
         (b)   Show route to property which shall be on section line roads, state maintained highways and unpaved city streets;
         (c)   Provide written permission from adjacent property owners;
         (d)   Vehicle must be parked behind building line and set behind site proof fence that is a minimum of six feet in height;
         (e)   There shall be a six-inch gravel or hard-surface drive and parking area on property;
         (f)   There shall be no more than one vehicle per location;
         (g)   The fee for the annual permit shall be $10; and
         (h)   These requirements shall in no way prohibit commercial vehicles in excess of two axles or 15,000 pounds gross vehicle weight from making deliveries to and from residential lots located within the city limits of the city.
      (5)   Commercial vehicles in excess of two axles or 15,000 pounds gross vehicle weight shall not be parked on any street within the residentially zoned property classified above, except for the purposes of making deliveries. This shall not prohibit a vehicle in excess of the classification owned by a permitted church, school, or other permitted institutional use from parking on property owned by the organization.
      (6)   Nothing contained herein shall legalize or otherwise allow for the continuation of a present
use of property which is not a legal activity upon the property under existing ordinances.
(2002 Code, § 154.073) (Ord. 486, passed 5-12-2003; Ord. 906, passed 4-11-2022; Ord. 934, passed 4-10-2023; Ord. 964, passed 3-11-2024)

§ 154.094 SPECIAL BUILDING LINES.

   (A)   Special building lines are established along certain streets listed in this section to accommodate future development, street improvements, and uniform setbacks. No building or structure, whether temporary or permanent, shall be erected closer to the street than the distance specified in this section. The centerline shall be the actual surveyed and mapped section line; or, where a section line does not exactly constitute the centerline of the described roads, the centerline shall be a line equidistant from the established right-of-way.
   (B)   For example, land dedicated for, or easements granted for, widening of streets in new subdivisions abutting the roads identified herein shall not be counted in calculating the location of street centerline:
      (1)   All section line roads shall be 75 feet from centerline.
      (2)   State Highway No. 37 (also known as Wright Road and North 32nd Street), from U.S. Highway No. 62 (also known as Main Street) to west city limits line shall be a minimum of 90 feet from centerline.
      (3)   U.S. Highway No. 62 (also known as Main Street) from north city limits to south city limits line, shall be a minimum of 90 feet from centerline.
      (4)   State Highway No. 76 (also known as Council Road) from south line of State Highway No. 37 to the south city limits line, shall be a minimum of 90 feet from centerline.
      (5)   State Highway No. 130 (also known as Fox Lane) from west line of State Highway No. 62 to the east line of State Highway No. 76, shall be a minimum of 90 feet from centerline.
(2002 Code, § 154.074) (Ord. 486, passed 5-12-2003)

§ 154.095 ADDITIONAL DEVELOPMENT STANDARDS DESCRIBED.

   (A)   Open space. The following requirements provide exceptions to, or qualify and supplement, as the case may be, the specific zoning district regulations set forth herein.
      (1)   An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure.
      (2)   Open eaves, cornices, windowsills and belt courses may project into any required yard a distance not to exceed two feet. Open, uncovered porches or open fire escapes may project into a front or rear yard a distance not to exceed five feet.
      (3)   Fences, walls and hedges in residential districts may be erected in any required yard, or along the edge of any yard.
      (4)   No fence, wall or hedge located in front of the building line shall exceed three feet in height; and no other wall or fence shall exceed eight feet in height without review and approval by the Planning Commission and City Council in accordance with the procedures for a special permit, provided that fences for agricultural properties may be four feet in height.
      (5)   Where the dedicated street right-of-way is less than 50 feet, the depth of the front yard shall be measured starting at a point 25 feet from the centerline of the street easement.
      (6)   No dwelling shall be erected on a lot which does not abut on at least one public street or approved private roadway at least the minimum width required in this chapter, for a distance of not less than that required by the city’s subdivision regulations (Chapter 153).
         (a)   A street shall form the direct and primary means of ingress and egress for all dwelling units.
         (b)   Alleys, where they exist, shall form only a secondary means of ingress and egress.
         (c)   A garage apartment may be built to the rear of the main dwelling, if all other provisions of these regulations are complied with.
      (7)   On any corner lot on which a front and side yard is required, no wall, fence, sign, structure or plant growth, which obstructs sight view lines at elevations between two feet six inches and six feet above any portion of the crown of the adjacent roadway, shall be placed or maintained within a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 25 feet along the front and side lot lines and connecting the points so established to form a sight view triangle on the area of the lot adjacent to the street intersection.
      (8)   An attached or detached private garage which faces a street shall not be located closer than 25 feet to the street easement line.
      (9)   Whenever one or more residential, institutional, commercial or industrial buildings are proposed to be located in a cluster or grouping which has a different arrangement, orientation or other site planning variation from that of other buildings, structures or uses in the area or on adjacent properties, the architectural design, location, orientation, service and parking areas of the buildings shall be planned so as not to adversely affect the use of adjacent or other properties in the area, as determined by the Planning Commission.
   (B)   Building height exceptions. The following requirements provide exceptions to, or qualify and supplement as the case may be, the specific zoning district regulations set forth herein:
      (1)   Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the maximum building height limit of a zoning district, subject to all other standards established in this chapter and this code of ordinances; and
      (2)   Churches, schools, hospitals, sanatoriums and other public and semi-public buildings may exceed the height limitation of the district, if the minimum depth of rear yards and the minimum width of the side yards required in the district are increased one foot for each two feet by which the height of the public or semi-public building exceeds the prescribed height limit.
(2002 Code, § 154.075) (Ord. 486, passed 5-12-2003)

§ 154.096 ARCHITECTURAL DESIGN OF BUILDINGS AND FENCES.

   The architectural design and materials used for the construction of accessory buildings and fences shall harmonize with the main building to which the building or fence is accessory.
(2002 Code, § 154.076) (Ord. 486, passed 5-12-2003)

§ 154.097 LANDSCAPING.

   (A)   General. All new construction shall include landscaping as an integral part of its design to compliment the natural environment and existing improvements contributing to the quality of life of the community. In particular, all multiple-family, commercial, church, institutional and public uses shall be landscaped with trees, ornamental shrubs and green areas according to the following standards. Where on-site detention of storm water is a development requirement, the required detention areas should be integrated into the overall landscape design plan and may, therefore, be included in the calculation of required area.
   (B)   Required area. The public right-of-way between the property line and the curb and not less than 5% of the total area of the lot shall be landscaped. At least 60% of the required landscape area shall be in the front or side yards and visible from a street providing access to the property. Inner courts not visible from a street shall not be calculated for the purposes of meeting this requirement.
   (C)   Landscape materials and plan.
      (1)   An application for a building permit shall be accompanied by a detailed landscaping plan which shall contain the following:
         (a)   The location and types of all plants;
         (b)   Provision for a live tree, having a minimum planted height of seven feet, for every 500 square feet of area required to be landscaped;
         (c)   Artificial grass or any form of synthetic plant shall not be included in calculations of materials necessary to meet the minimum requirements; and
         (d)   Rock gardens or sculptures may be approved, but the use of gravel or chat as ground cover shall not meet the requirements of this section.
      (2)   The plan shall respect sight triangles at intersections and all other elements related to traffic control. No plant material, including, but not limited to, trees and shrubs, that is more than two feet in height shall be permitted within a 25-foot sight triangle formed by the intersecting street curbs or paving edges.
      (3)   The landscape plan shall be reviewed as a part of the building permit review process.
   (D)   Landscaping installation required for occupancy. A certificate of occupancy for a structure or use shall not be issued until landscaping has been installed in accordance with the plan; provided, however, that if a structure and all its site improvements are complete except for the landscaping requirements and the season of the year will not permit planting, temporary occupancy may be permitted until a date certain in the growing season. In this case, a future inspection date shall be set by the city to determine that the landscaping has been installed for issuance of a permanent certificate of occupancy.
   (E)   Continuing maintenance. All landscaping shall be maintained in a live and healthy condition by the property owner. Failure to install or maintain landscaping as required and installed shall constitute a violation of this chapter.
(2002 Code, § 154.077) (Ord. 486, passed 5-12-2003)

§ 154.098 EXCEPTIONS; SUPPLEMENTAL REGULATIONS.

   (A)   An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure.
   (B)   Projections into yard areas.
      (1)   Open eaves, cornices, chimneys, windowsills and belt courses may project into any required yard a distance not to exceed two feet.
      (2)   Open, uncovered porches or open fire escapes may project into a front or rear yard a distance not to exceed five feet.
      (3)   Fences, walls and hedges in residential districts may be erected in any required yard, or along the edge of any yard; provided that, no fence, wall or hedge located in front of the building line shall exceed three feet in height, and no other wall or fence shall exceed seven feet in height.
   (C)   No dwelling shall be erected on a lot which does not abut on at least one city-approved street for a distance conforming to the zoning district regulations in which the property is located. The street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress.
   (D)   On any comer lot on which a front and side yard is required, no wall, fence, sign, structure or plant growth, which obstructs sight view lines at elevations between two feet six inches and six feet above any portion of the crown of the adjacent roadway, shall be placed or maintained within a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 25 feet along the front and side lot lines and connecting the points so established to form a sight view triangle on the area of the lot adjacent to the street intersection.
   (E)   An attached or detached private garage which faces or, a street shall not be located closer than 25 feet to the street easement line.
   (F)   Whenever one or more residential, institutional, commercial or industrial buildings are proposed to be located in a cluster or grouping which has a different arrangement, orientation or other site planning variation from that of other buildings, structures or uses in the area or on adjacent properties, the architectural design, location, orientation, service and parking areas of the buildings shall be planned so as not to adversely affect the use of adjacent or other properties in the area, as determined by the Planning Commission.
(2002 Code, § 154.078) (Ord. 486, passed 5-12-2003)

§ 154.099 SWIMMING POOLS.

   (A)   Private swimming pools may be constructed as an accessory use, but shall be completely enclosed by a permanent wall or fence not less than four feet in height, and shall meet the requirements of the County Health Department.
   (B)   No swimming pool or any portion of the pool equipment, walkway or other facilities related thereto, shall be located closer than ten feet to a side or rear lot line.
(2002 Code, § 154.079) (Ord. 486, passed 5-12-2003) Penalty, see § 154.999

§ 154.100 NON-CONFORMING USES.

   (A)   Authorization. A non-conforming building or structure, existing 5-12-2003 may be continued and maintained, except as otherwise provided for in this chapter.
   (B)   Alteration or enlargement. A non- conforming building or structure shall not be added to or enlarged in any manner unless the building or structure, including additions and enlargements, is made to conform to all of the requirements of the district in which it is located; provided, however, that if a building or structure is conforming as to use, but non-conforming as to yards, height or off-street parking place, the building or structure may be enlarged or added to, provided the enlargement or addition complies with the yard or height requirements, and the existing building plus the addition comply with the off-street parking requirements. No non-conforming building or structure shall be moved in whole or in part to another location on the lot unless every building or structure is made to conform to all of the requirements of the district in which it is located.
   (C)   Change in use.
      (1)   A non-conforming use of a conforming building or structure shall not be expanded or extended into any other portion of such non- conforming building or structure or changed except to a conforming use. In such a non-conforming use, any future use of such building, structure, or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located.
      (2)   A vacant or partially vacant non- conforming building or structure may be occupied by a use for which the building or structure was designed or intended if occupied within a period of one year after 5-12-2003, but otherwise it shall be used in conformity with the regulations of the district in which it is located.
      (3)   Where the use of non-conforming building or structure is changed to a use of a more restrictive zoning district classification it thereafter shall not be changed to a use of a less restrictive zoning district classification.
(2002 Code, § 154.080) (Ord. 486, passed 5-12-2003)

§ 154.101 EXTERIOR BUILDING MATERIAL AND FAÇADE REQUIREMENTS IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS.

   The following requirements are intended to provide for attractive, compatible, and aesthetic commercial and industrial area development. The city has determined that aesthetic development encourages the safeguarding of property values, the protection of public and private investments and the promotion of high-quality development.
   (A)   Commercial zoning designations. All commercial buildings shall be constructed according to the following minimum requirements:
      (1)   All walls shall contain a façade with 80% of wall area, excluding doors and windows, being masonry materials that includes brick, slump-faced or decorative concrete masonry unit, rock, stone or stucco or like material, concrete (poured in place, pre-cast or tilt-wall) with aggregate, sandblasted or textured coating finish, or other structural material of equal durability and architectural effect. Smooth faced concrete masonry unit (CMU), except as accent to approved finish material, shall not be installed on any façade. Other materials such as exposed exterior metal walls, untreated concrete block, painted concrete block, or unfinished, untreated concrete panels are not permitted and shall not be installed on any façade of any building. See division (A)(2) below for procedure for variation or approval of other finish materials.
      (2)   Requests for exceptions or variations to the building material requirements of this division (A) may be presented to and considered by the Planning Commission, which will then make recommendations to the City Council. The City Council, upon the advice from the Planning Commission, shall consider, approve, or deny the request. Factors to be considered and evaluated shall not be limited to, but shall include, the specific provisions of the request, the effect of the exception or variation on the overall and local community appearance, the potential impact on the community quality of life, the applicability of the exceptions or variation to the specific structure (for example public auditorium or school gymnasiums of the type being constructed during the 2004 calendar year by the city’s public school system), the economic impact on the community as a whole, adjacent zoning districts, present adjoining uses, and potential future uses of surrounding property.
   (B)   Industrial zoning designations. All industrial buildings shall be constructed according to the following requirements:
      (1)   Any wall(s) facing a street shall contain a façade with at least 80% of the wall area, excluding doors and windows, being masonry materials that includes brick, slump-faced or decorative concrete masonry unit, rock, stone or stucco or like material, concrete (poured in place, pre-cast or tilt-wall) with aggregate, sandblasted or textured coating finish, or other structural material of equal durability and architectural effect. Smooth faced concrete masonry unit (CMU), except as accent to approved finish material, shall not be installed on any façade. Other materials such as exposed exterior metal walls, untreated concrete block, painted concrete block, or unfinished, untreated concrete panels are not permitted and shall not be installed on any façade of any building.
      (2)   In the case of an industrial building that is directly abutting a residentially zoned area, the walls adjacent or viewable to the residentially zoned area or to a residentially zoned vacant lot viewable from such residentially zoned area shall meet requirements of (B)(1) above.
      (3)   Requests for exceptions or variations to the façade requirements of this division (B) or determinations of whether a wall section is viewable from applicable residential property may be presented to and considered by the Planning Commission. The City Council, upon referral from the Planning Commission, shall consider, approve, or deny the request. Factors to be considered and evaluated shall not be limited to, but shall include, the specific provisions of the request, the effect of the exception or variation on the overall and local community appearance, the potential impact on the community quality of life, the applicability of the exception or variation to the specific structure (for example public auditorium, or school gymnasium, of the type constructed during the 2004 calendar year by the city’s public school system), the economic impact on the community as a whole, adjacent zoning districts, present adjoining uses, and potential future uses of surrounding property.
(2002 Code, § 154.081) (Ord. 504, passed 3-8-2004; Ord. 512, passed 3-8-2004; Ord. 532, passed 11-14-2005; Ord. 907, passed 4-11-2022)

§ 154.102 SEGMENTED OVERLAY DISTRICTS OVER AND ALONG THE THOROUGHFARE OF THE CITY.

   The following Segmented Overlay Districts over and along the principal thoroughfares of the city are as follows:
   (A)   Highway 62 Development District.
      (1)   Segment A. Beginning at the north city limit and extending south along Highway 62 to N. 16th Street with the east boundary extending 660 feet east from the East Highway 62/I-44 access road right-of-way to the “new” east access road at which point the Overlay District will follow the “new” east access road east and back south with the Overlay District extending 660 feet either side thereof to its intersection with NE 24th Street, at which point the Overlay District shall continue south to NE 16th Street with its east boundary being 660 feet from the Highway 62 right-of-way; the west boundary shall extend 660 feet west from the West Highway 62/I-44 access road right-of-way for that portion of the district where Highway 62/I-44 coincide and intersect with N. 24th Street and continuing south along Highway 62 to N. 16th Street with the west boundary 660 feet west of the Highway 62 right-of-way.
      (2)   Segment B. Beginning at N. 16th Street and extending south along Highway 62 to S. 16th Street with a east boundary extending 330 feet or to the edge of the proposed by-pass road easement whichever is greater and with a west boundary extending to 330 feet west of the Highway 62 right-of-way.
      (3)   Segment C. Beginning at S. 16th Street and extending south along Highway 62 to Highway 9 with east and west boundaries extending 660 feet from the Highway 62 right-of-way.
   (B)   Highway 9 Development District. 
      (1)   Segment A. Beginning at the city limit and extending west along Highway 9 to a point 660 feet west of the intersection with Santa Fe Avenue and extending north a distance of 660 feet.
      (2)   Segment B. Beginning at a point 660 feet west of the intersection with Santa Fe Avenue and extending west to Highway 62 and extending north and south of the Highway 9 right-of-way a distance of 660 feet.
   (C)   Highway 37 Development District.
      (1)   Segment A. Beginning at the intersection with I-44 and extending west to a point 330 feet west of the intersection with Country Club with north and south boundaries extending 660 feet from the Highway 37 right-of-way.
      (2)   Segment B. Beginning at a point 330 feet west of the intersection with Country Club and extending west to the city limit with north and south boundaries extending 660 feet from the Highway 37 right-of-way.
   (D)   Highway 76 Development District.
      (1)   Segment A. Beginning at the intersection with Highway 37 and extending south to a point 330 feet north of Fox Lane and having east and west boundaries 330 feet from the Highway 76 right-of-way.
      (2)   Segment B. Beginning at a point 330 feet north of Fox Lane and extending south to a point 990 feet south of the Highway 130 intersection and having an east boundary extending east a distance equal to the distance of 1,200 feet and having a west boundary 330 feet from the Highway 76 right-of-way.
      (3)   Segment C. Beginning at a point 990 feet south of the Highway 130 intersection and extending south to the south city limit and having east and west boundaries 330 feet from the Highway 76 right-of-way.
   (E)   Highway 130 Development District. Beginning at a point 660 feet west of the Highway 62 intersection (depth of the Highway 62 Development District) extending west to a point 1,200 feet east of the Highway 76 intersection and having north and south boundaries extending 330 feet north and south of the Highway 130 right-of-way.
(Ord. 608, passed 11-13-2007)

§ 154.103 EXTERIOR REQUIREMENTS FOR HIGHWAY 62 DEVELOPMENT DISTRICT SEGMENT A.

   (A)   Purpose. The purpose of this section is to provide increased economic development opportunities by encouraging an aesthetically pleasing built environment and high quality development along the major commercial corridors of the city.
   (B)   Facade requirements for commercial, office and industrial buildings. All commercial, office and industrial buildings shall be constructed according to the following minimum requirements.
      (1)   Any wall(s) facing a street shall contain, or have a facade with 100% wall area, excluding doors and windows, being brick, rock, decorative concrete block, stucco or like material, excluding other materials such as exposed exterior metal walls, untreated concrete block or unfinished, untreated concrete panels. See division (B)(3) below for procedure for variation or approval of other finish materials.
      (2)   All other walls viewable from a street shall contain or have a facade with 100% of the wall area, excluding windows and doors, being brick, rock, decorative concrete block, stucco or like material, excluding other materials such as exposed exterior metal walls, untreated concrete block or unfinished, untreated concrete panels. See division (B)(3) below for procedure for variation or approval of other finish materials.
      (3)   Requests for exceptions or variations to the wall content or facade requirements of this division (B) as may arise when providing architectural details utilizing non-standard materials or determination of street frontage may be presented to, considered by and approved by the city staff if the exception or variation is in substantial compliance with the intent of this section. The city staff shall forward the determination to the Planning Commission when substantial compliance is questionable. The City Council, upon the advice from the Planning Commission, shall consider, approve or deny the request in the event of such a referral. Factors to be considered and evaluated shall not be limited to, but shall include, the specific provisions of the request, the effect of the exception or variation on the overall and local community appearance, the potential impact on the community quality of life, the applicability of the exceptions or variation to the specific structure, the economic and aesthetic impact on the community as a whole, adjacent zoning districts, present surrounding uses and potential future uses of surrounding property.
         (4)   Any orientation of a commercial, office or industrial building that would result in the major store or building frontage/entrance not oriented to face on the nearest major city street shall be subject to review and approval by the city staff. Factors to be considered and evaluated shall not be limited to, but shall include, the specific provisions of the request, the effect of the exception or variation on the overall and local community appearance, the potential impact on the community quality of life, traffic ingress and egress, the applicability of the exceptions or variation to the specific structure the economic impact on the community as a whole, adjacent zoning districts, present adjoining uses and potential future uses of surrounding property.
   (C)   Screening of utilities. Utility system installation: air conditioning units, cooling systems, heaters. Mechanical systems should be inconspicuously placed on roofs, behind parapet walls or at the sides or rear of buildings, not visually obvious from roadways or adjacent or nearby (within 500 feet) business frontages.
      (1)   Utility and mechanical equipment (e.g., electric and gas meters, electrical panels, and junction boxes) should be screened from view of public streets and neighboring properties.
      (2)   Mechanical equipment should be concealed by building elements that were designed as an integral or complementary part of the building design; the design must meet the access requirements of local utilities and specific city ordinances. Screening shall be architecturally consistent with the main structure.
      (3)   Mechanical equipment should be located and operated in a manner that does not subject adjacent occupants and activities to noise that is disturbing by virtue of its volume or nature.
      (4)   All trash enclosures and garbage bins shall:
         (a)   Be screened from public view as much as possible;
         (b)   Be located away from sensitive uses to minimize nuisance for the adjacent property owners;
         (c)   Be subject to the minimum setback requirements;
         (d)   Be architecturally compatible with the primary structure;
         (e)   Utilize landscaping around the trash enclosures for further screening and to deter graffiti; and
         (f)   Be kept in good repair.
   (D)   Outside storage. Temporary outside storage shall be for a maximum duration of 180 days during any year and if the period is utilized in shorter time period segments no period shall commence within 60 days of a previous temporary period ending. All temporary outside storage shall require city staff approval as to type of storage and placement. Temporary outside storage shall not create a significant visual barrier to surrounding businesses, shall not create a traffic hazard, shall not create an unsightly business frontage.
      (1)   All forms of permanent outside storage must be permissible in the zoning district of the property, shall have landscaping and screening from view from the public streets.
      (2)   The city staff shall review, consider and approve proposed permanent outside storage placement, orientation and landscaping and screening plans if the placement, orientation and landscaping and screening plan is in substantial compliance with the intent of this section. The city staff shall refer the determination to the Planning Commission when substantial compliance is questionable. The City Council, upon the advice from the Planning Commission, shall consider, approve or deny the landscaping and screening plan in the event of such a referral.
      (3)   Factors to be considered and evaluated shall not be limited to, but shall include, the specific provisions of the request, the effect of the exception or variation on the overall and local community appearance, the potential impact on the community quality of life, the applicability of the exceptions or variation to the specific structure, the economic and aesthetic impact on the community as a whole, adjacent zoning districts, present surrounding uses and potential future uses of surrounding property.
      (4)   Office, commercial and industrial shed type structures or structures not fully enclosed may only be utilized for storage following use on review approval of the structure with landscaping and screening of any open wall visible from any arterial street within a 500-foot distance.
   (E)   Carports, accessory buildings and outside storage structures. The design of carports shall be subject to the review and approval of the city staff. The criteria considered shall include the following.
      (1)   The carport design shall be consistent with the architectural character of the existing buildings. A finding by the city staff that the accessory structure is consistent with the architectural character of the structures is necessary.
      (2)   The architectural finish shall include materials either the same as or visually compatible with the existing buildings.
      (3)   No storage units, closets, cabinets or bins shall be built into the carport whether freestanding or attached.
      (4)   The minimum setback shall be required by the zoning district in which the accessory building or structure is located.
      (5)   Maximum of two sides of the carport shall remain open.
      (6)   No carport or garage shall be sited in a manner that obstructs the line of sight from the driveway.
      (7)   The area covered by the carport shall be included as part of the lot coverage.
   (F)   Landscaping. Landscaping shall be used to enhance sites and buildings, control climate and noise, create transition between adjacent uses, unify various site components and define and separate functions and activities.
      (1)   At least 10% of land area shall be devoted to landscaping and be in accordance with the standards set forth in this chapter.
      (2)   Properly landscape all areas not covered by structures, driveways and parking.
      (3)   Landscaping shall consist of live plant material. Use of colored rock, wood bark and gravel in place of landscaping is not acceptable.
      (4)   Use of water-wise native plant materials, permeable surfaces and variety of plant material with different textures and colors is encouraged.
      (5)   Integrate perimeter landscaping with the landscaping of adjacent developments for streetscape continuity.
      (6)   Preserving natural site features such as established trees, creeks, views and the like, and incorporating into the site design of the new project is encouraged.
      (7)   Any tree required by § 154.097(C) of this chapter shall have a two-inch diameter or more.
      (8)   All landscaping shall be maintained in the condition in which it was designed and installed.
      (9)   Off-street parking areas in excess of 3,000 square feet or 15 spaces shall provide interior landscaped areas in accordance with the following. Interior landscaping shall be located to divide and break up the expanse of paving and at strategic points to guide traffic flow and direction. Landscaping within any developed area must equal or exceed a minimum number of points in order to obtain approval.
         (a)   Parking areas equal to or in excess of 3,000 square feet or 15 spaces and no more than 6,000 square feet or 30 spaces shall equal or exceed a minimum number of eight points to obtain approval. Parking areas in excess of 6,000 square feet or 30 spaces shall equal or exceed a minimum number of ten points to obtain approval.
         (b)   Landscaping shall consist of the following types of improvements.
            1.   Perimeter buffer. An improved landscaped area along the entire perimeter of the parking spaces and being not less than eight feet in width and a minimum of one tree with a minimum caliper of two inches per every eight parking spaces. Existing plant material shall be preserved and utilized to contribute to the required screening of the off-street parking area where possible. Off-street parking areas are encouraged in the rear yard when vehicular access is possible between adjacent structures. Landscaping shall not encroach on public right-of-way or sight triangles unless specifically authorized.
            2.   Interior islands. A curbed landscaped island located in a parking row of 15 spaces or more containing a minimum of 80 square feet with a minimum width of eight feet and includes a minimum of one tree with a minimum caliper of two inches. Selection of trees shall take into account the need for clear sight triangles in the parking area.
            3.   Terminal islands. A curbed landscaped island located at the end of a parking row. Each island planned shall conform to the specifications described in division (G)(9)(b)2. above.
            4.   Median islands. A curbed landscaped island with a minimum width of six feet sited between a double parking row.
         (c)   1.   Points shall be awarded according to the following schedule.
 
Landscaping Feature
Points Allocated
Interior islands
2
Median islands
2
Perimeter buffer
5
Terminal islands
3
 
            2.   An additional two points shall be allocated if the developer doubles the amount of trees required in the perimeter buffer to one tree with a minimum two-inch caliper for every four parking spaces.
   (G)   Increased building height allowance. In order to foster a climate conducive to economic development the maximum height allowable for structures in the overlay district shall be 55 feet. Any building exceeding 35 feet shall comply with relevant sections of the Fire Code as adopted by the city.
(2002 Code, § 154.082) (Ord. 608, passed 11-13-2007; Ord. 636, passed 12-8-2008)

§ 154.104 EXTERIOR REQUIREMENTS FOR HIGHWAY 37 DEVELOPMENT DISTRICT SEGMENT A AND B.

   (A)   Purpose. The purpose of this chapter is to provide increased economic development opportunities by encouraging an aesthetically pleasing built environment and high quality development along the major commercial corridors of the city.
      (1)   The development regulations in the Highway 37 Development District shall only apply to commercial, office, and industrial uses.
      (2)   These development regulations shall only apply to the first 300 feet (from the Highway 37 right-of-way, both north and south) of segments A and B of the Highway 37 Development District. The remaining 360 feet shall be subject to the current commercial regulations.
   (B)   Facade requirements. All commercial, office and industrial buildings shall be constructed according to the following minimum requirements.
      (1)   Any wall(s) facing a street shall contain, or have a facade with 100% wall area, excluding doors and windows, being brick, rock, decorative concrete block, stucco or like material, excluding other materials such as exposed exterior metal walls, untreated concrete block or unfinished, untreated concrete panels. See division (B)(3) below for procedure for variation or approval of other finish materials.
      (2)   All other walls viewable from a street shall contain or have a facade with a 100% of the wall area, excluding windows and doors, being brick, rock, decorative concrete block, stucco or like material, excluding other materials such as exposed exterior metal walls, untreated concrete block or unfinished, untreated concrete panels. See division (B)(3) below for procedure for variation or approval of other finish materials.
      (3)   Requests for exceptions or variations to the wall content or facade requirements of this division (B) as may arise when providing architectural details utilizing non-standard materials or determination of street frontage may be presented to, considered by and approved by the city staff if the exception or variation is in substantial compliance with the intent of this section. The city staff shall forward the determination to the Planning Commission when substantial compliance is questionable. The City Council, upon the advice from the Planning Commission, shall consider, approve or deny the request in the event of such a referral. Factors to be considered and evaluated shall not be limited to, but shall include, the specific provisions of the request, the effect of the exception or variation on the overall and local community appearance, the potential impact on the community quality of life, the applicability of the exceptions or variation to the specific structure, the economic and aesthetic impact on the community as a whole, adjacent zoning districts, present surrounding uses and potential future uses of surrounding property.
      (4)   Any orientation of a commercial, office or industrial building that would result in the major store or building frontage/entrance not oriented to face on the nearest major city street shall be subject to review and approval by the city staff. Factors to be considered and evaluated shall not be limited to, but shall include, the specific provisions of the request, the effect of the exception or variation on the overall and local community appearance, the potential impact on the community quality of life, traffic ingress and egress, the applicability of the exceptions or variation to the specific structure, the economic impact on the community as a whole, adjacent zoning districts, present adjoining uses and potential future uses of surrounding property.
   (C)   Screening of utilities. Utility system installation: air conditioning units, cooling systems, heaters. Mechanical systems should be inconspicuously placed on roofs, behind parapet walls or at the sides or rear of buildings, not visually obvious from roadways or adjacent or nearby (within 500 feet) business frontages.
      (1)   Utility and mechanical equipment (e.g., electric and gas meters, electrical panels, and junction
boxes) should be screened from view of public streets and neighboring properties.
      (2)   Mechanical equipment should be concealed by building elements that were designed as an integral or complementary part of the building design; the design must meet the access requirements of local utilities and specific city ordinances. Screening shall be architecturally consistent with the main structure.
      (3)   Mechanical equipment shall be located and operated in a manner that does not subject adjacent occupants and activities to noise that is disturbing by virtue of its volume or nature.
      (4)   All trash enclosures and garbage bins shall:
         (a)   Be located behind the rear facade of the principal commercial structure for screening purposes. Deviation from this placement requirement may be sought by an appeal to the Planning Commission;
         (b)   Be located away from sensitive uses to minimize nuisance for the adjacent property owners;
         (c)   Be subject to the minimum setback requirement;
         (d)   Be architecturally compatible with the primary structure;
         (e)   Utilize landscaping around the trash enclosures for further screening and to deter graffiti;
         (f)   Be kept in good repair;
         (g)   Be in compliance with Subdivision Standard G-1 and G-2; and
         (h)   Have a designated access way from the public street to the trash enclosure which shall be strengthened to avoid deterioration as per Standard G-3.
   (D)   Outside storage. Temporary outside storage shall be for a maximum duration of 180 days during any year and if the period is utilized in shorter time period segments no period shall commence within 60 days of a previous temporary period ending. All temporary outside storage shall require city staff approval as to type of storage and placement. Temporary outside storage shall not create a significant visual barrier to surrounding businesses, shall not create a traffic hazard, shall not create an unsightly business frontage.
      (1)   All forms of permanent outside storage must be permissible in the zoning district of the property, shall have landscaping and screening from view from the public streets.
      (2)   The city staff shall review, consider and approve proposed permanent outside storage placement, orientation and landscaping and screening plans if the placement, orientation and landscaping and screening plan is in substantial compliance with the intent of this section. The city staff shall refer the determination to the Planning Commission when substantial compliance is questionable. The City Council, upon the advice from the Planning Commission, shall consider, approve or deny the landscaping and screening plan in the event of such a referral.
      (3)   Factors to be considered and evaluated shall not be limited to, but shall include, the specific provisions of the request, the effect of the exception or variation on the overall and local community appearance, the potential impact on the community quality of life, the applicability of the exceptions or variation to the specific structure, the economic and aesthetic impact on the community as a whole, adjacent zoning districts, present surrounding uses and potential future uses of surrounding property.
      (4)   Office, commercial and industrial shed type structures or structures not fully enclosed may only be utilized for storage following use on review approval of the structure with landscaping and screening of any open wall visible from any arterial street within a 500-foot distance.
   (E)   Carports, accessory buildings and outside storage structures. The design of carports shall be subject to the review and approval of the city staff. The criteria considered shall include the following.
      (1)   The carport design shall be consistent with the architectural character of the existing buildings. A finding by the city staff that the accessory structure is consistent with the architectural character of the structures is necessary.
      (2)   The architectural finish shall include materials either the same as or visually compatible with the existing buildings.
      (3)   No storage units, closets, cabinets or bins shall be built into the carport whether freestanding or attached.
      (4)   The minimum setback shall be required by the zoning district in which the accessory building or structure is located.
      (5)   Maximum of two sides of the carport shall remain open.
      (6)   No carport or garage shall be sited in a manner that obstructs the line of sight from the driveway.
      (7)   The area covered by the carport shall be included as part of the lot coverage.
   (F)   Landscaping. Landscaping shall be used to enhance sites and buildings, control climate and noise, create transition between adjacent uses, unify various site components and define and separate functions and activities.
      (1)   At least 10% of land area shall be devoted to landscaping and be in accordance with the standards set forth in this chapter.
      (2)   Properly landscape all areas not covered by structures, driveways and parking.
      (3)   Landscaping shall consist of live plant material. Use of colored rock, wood bark and gravel in place of landscaping is not acceptable.
      (4)   Use of water-wise native plant materials, permeable surfaces and variety of plant material with different textures and colors is encouraged.
      (5)   Integrate perimeter landscaping with the landscaping of adjacent developments for streetscape continuity.
      (6)   Preserving natural site features such as established trees, creeks, views and the like, and incorporating into the site design of the new project is encouraged.
      (7)   Any tree required by § 154.097(C) of this chapter shall have a two-inch diameter or more.
      (8)   All landscaping shall be maintained in the condition in which it was designed and installed.
      (9)   Off-street parking areas in excess of 3,000 square feet or 15 spaces shall provide interior
landscaped areas in accordance with the following. Interior landscaping shall be located to divide and break up the expanse of paving and at strategic points to guide traffic flow and direction. Landscaping within any developed area must equal or exceed a minimum number of points in order to obtain approval.
         (a)   Parking areas equal to or in excess of 3,000 square feet or 15 spaces and no more than 6,000 square feet or 30 spaces shall equal or exceed a minimum number of eight points to obtain approval. Parking areas in excess of 6,000 square feet or 30 spaces shall equal or exceed a minimum number of ten points to obtain approval.
         (b)   Landscaping shall consist of the following types of improvements.
            1.   Perimeter buffer. An improved landscaped area along the entire perimeter of the parking spaces and being not less than eight feet in width and a minimum of one tree with a minimum caliper of two inches per every eight parking spaces. Existing plant material shall be preserved and utilized to contribute to the required screening of the off-street parking area where possible. Off-street parking areas are encouraged in the rear yard when vehicular access is possible between adjacent structures. Landscaping shall not encroach on public right-of-way or sight triangles unless specifically authorized.
            2.   Interior islands. A curbed landscaped island located in a parking row of 15 spaces or more containing a minimum of 80 square feet with a minimum width of eight feet and includes a minimum of one tree with a minimum caliper of two inches. Selection of trees shall take into account the need for clear sight triangles in the parking area.
            3.   Terminal islands. A curbed landscaped island located at the end of a parking row. Each island planned shall conform to the specifications described in division (F)(9)(b)2. above.
            4.   Median islands. A curbed landscaped island with a minimum width of six feet sited between a double parking row.
         (c)   1.   Points shall be awarded according to the following schedule.
 
Landscaping Feature
Points Allocated
Interior islands
2
Median islands
2
Perimeter buffer
5
Terminal islands
3
 
            2.   An additional two points shall be allocated if the developer doubles the amount of trees required in the perimeter buffer to one tree with a minimum two-inch caliper for every four parking spaces.
   (G)   Increased building height allowance. In order to foster a climate conducive to economic development the maximum height allowable for structures in the overlay district shall be 55 feet. Any building exceeding 35 feet shall comply with relevant sections of the Fire Code as adopted by the city.
   (H)   Mailboxes. Mailboxes and other delivery receptacles shall be located away from traffic in order to protect the safety of delivery personnel and business employees.
      (1)   All mail and delivery receptacles shall be located within the driving or parking area within a developed parcel and not in the right-of-way.
      (2)   Mail and delivery receptacles shall be located such that all delivery personnel and vehicles may completely exit the right-of-way of any abutting street to access the mail or delivery receptacle.
      (3)   In no case shall any mail or delivery receptacle be located in such a way that a delivery vehicle would be required to back into an adjoining right-of-way.
      (4)   In the case of commercial developments with multiple tenants a cluster receptacle/box shall be provided for mail service to all tenants.
(2002 Code, § 154.083) (Ord. 608, passed 11-13-2007; Ord. 654, passed 5-17-2010)