§ 5.01.01 Uses. Refer to Table 5-1 for uses permissible in nonresidential districts. For temporary uses refer to § 7.22 Temporary Uses.

§ 5.01.02 Area and Dimensional Requirements. All permitted uses must comply with the minimum lot size, area and width and minimum yard setbacks in Table 5-2.

§ 5.01.03 Additional Regulations.

1.

Accessory structures are subject to § 3.04.06 Accessory Structures, Site Appurtenances and the following:

a.

No accessory structures may be located in required landscape buffers.

b.

Accessory structures are subject to the same setbacks as the principal structure.

2.

Temporary Structures. The Board may permit the use of a temporary structure for up to 18 months prior to construction of a permanent structure, which will replace the temporary structure. The owner must give evidence, satisfactory to the Board, of the owner's good faith and intent to have constructed a permanent structure. Under no circumstances may such structures be authorized as for habitation.

3.

Fences and walls may not exceed ten feet in height.

4.

Appearance Standards. The following standards apply except the M-1 and M-2 Districts:

a.

The use of metal siding on any street-facing and side facades is subject to approval by the Board of Adjustment in accordance with § 12.03 Special Exceptions.

b.

Street-facing facades of principal buildings may not be longer than 40 feet horizontally without one of the following forms of articulation: projecting or recessed entry, column, pillar or other change in the wall plane, window, door or similar design feature. A change in material or color must be accompanied by a change in the wall plane of at least six inches to satisfy this requirement.

c.

Storage or display of tires between the principal building and the front property line is prohibited.

d.

Mechanical units (e.g. air conditioners) must be shielded from view from the public right-of-way

(Ord. No. 2022-008, 3-15-2022)

The purpose of this district is to provide for businesses of limited scale that serve the daily needs of residents in adjoining neighborhoods and other uses compatible with neighborhood businesses and the neighborhoods they serve.

§ 5.02.01 Retail, services, offices and other permitted businesses are limited to 11,000 square feet gross floor area per establishment. Restaurants are limited to a seating capacity of 100. Additional seating capacity may be considered as a Special Exception (see § 12.03).

§ 5.02.02 All goods produced on the premises must be sold at retail on the premises.

§ 5.02.03 All business must be conducted within an enclosed building, except as follows:

1.

Outdoor dining is permitted accessory to a standard restaurant.

2.

Outdoor display areas may be authorized by the Board of Adjustment as a Special Exception provided the outdoor display areas are accessory to an enclosed retail use and do not exceed a total of 2,000 square feet with no more than 800 square feet forward of the front building line. It is intended that refrigerators, washers, dryers, couches, recliners and any other items of similar size and bulk not be displayed forward of the front building line; and therefore, the Board may condition its approval accordingly.

§ 5.02.04 Loading and unloading areas may not extend forward of the front building line.

(Ord. No. 2022-008, 3-15-2022)

The purpose of this district is to provide for a wide variety of businesses, lodging, offices and compatible uses which are often located to serve through traffic. May include limited outdoor storage secondary to the principal use.

§ 5.03.01 Manufacturing incidental to a retail business, not specifically prohibited, where articles are sold at retail on the premises may be permitted as a Special Exception (see § 12.03).

(Ord. No. 2022-008, 3-15-2022; Ord. No. 2022-041, 10-18-2022)

All B-3 zoned properties are subject to the requirements in effect at the time of their rezoning to B-3 and as may have been subsequently amended. It is the intent of the City that the B-3 District no longer be available for application to other properties.

(Ord. No. 2022-008, 3-15-2022)

The purpose of this district is to provide for businesses that cater to commuters, interstate and highway travelers and shoppers from within and beyond the city.

§ 5.05.01 All Special Exception uses must be accompanied by a site plan which must be approved by the Board. Modifications to an approved site plan that involve conditions placed on it by the Board must be approved by the Board.

(Ord. No. 2022-008, 3-15-2022)

The purpose of this district is to provide areas for business and professional offices and compatibles uses with limited hours of operation, traffic and other characteristics that allow flexibility in terms of location with respect to residential areas and transportation infrastructure.

§ 5.06.01 Offices including not more than ten percent of the total floor area involved in storage and sale of goods or merchandise, may be permitted as Special Exceptions by the Board provided they meet all other requirements and any other restrictions imposed by the Board to preserve the character of the neighborhood.

(Ord. No. 2022-008, 3-15-2022)

The purpose of this district is to provide locations for public and semi-public institutional uses, particularly those of larger scale and intensity than would be appropriate in residential areas.

(Ord. No. 2022-008, 3-15-2022)

The purpose of this district is to provide areas for light manufacturing, warehousing, distribution and compatible uses, which are not associated with retail trade and are generally not appropriate in community business and residential areas.

§ 5.08.01 Special Exception uses: Any manufacturing or business use not specifically prohibited, including metal fabrications. Limited retail incidental and related to the principal use on site.

§ 5.08.02 Prohibited uses: abattoir; slaughterhouse; stockyard; bag cleaning; boiler and tank works; central mixing plant for cement, mortar, plater, or paving materials; curing, tanning or storage of hides; distillation of bones, coal, tar, or wood; fat rendering; forge plant; manufacture of acetylene, acid, ammonia, bleaching powder, brick, pottery, terra cotta or tile, concrete blocks, disinfectants, dye-stuffs, fertilizers, illuminating or heating gas including storage of same; paint, turpentine, varnish, soap, and tar products; wool pulling or scouring; junkyards; cotton waste reclaiming; and similar types of plants or operations.

(Ord. No. 2022-008, 3-15-2022; Ord. No. 2022-041, 10-18-2022)

The purpose of this district is to provide areas for industry and compatible uses which may be detrimental to property or to the health and safety beyond the district by reason of the emission of odor, dust, fumes, gas, smoke, noise vibration or waste material. Limited retail incidental and related to the principal use on site may be approved through Special Exception.

(Ord. No. 2022-008, 3-15-2022; Ord. No. 2022-041, 10-18-2022)