The B-3 neighborhood business district is intended to provide for professional office and personal service uses in locations within or adjacent to residential areas where they are found to be compatible. The B-3 zone is an overlay zone. The establishment of a B-3 zone does not cancel out the underlying zone.

A.

Uses Permitted by Right. Only those uses permitted by right in the underlying zone are permitted by right in the B-3 zone. All B-3 uses require site plan approval.

B.

Conditional Uses. All uses other than those allowed by the underlying district are to be considered as conditional. The following uses may be permitted subject to review to determine that their establishment will not be detrimental to the health, safety, or general welfare of the community and neighborhood in which they are proposed. Further, the review shall determine that adequate streets, parking, utilities, and drainage are available, and that the use will not impede the orderly growth of the neighborhood in granting a conditional use permit. The plan commission may impose site design or operating limitations on the use as needed to mitigate any potential negative impacts of the development. Examples of uses allowed with a conditional use permit:

Accounting;

Dentist;

Chiropractor;

Insurance agent;

Legal services;

Real estate offices;

Hair stylist;

Other similar uses;

Any conditional use allowed in the underlying district.

C.

Prohibited Uses. Sale, distribution, or display of obscene material including but not limited to printed material, videos, compact disks, films, and live entertainment.

(Ord. 1143 (part), 2000).

No building erected shall exceed the restrictions of the underlying zone. Existing buildings that do not conform to the underlying zone may not be altered to a greater nonconformity.

(Ord. 1143 (part), 2000).

The setback requirements of the underlying zone shall govern in the B-3 zone.

A.

Parking Areas. Parking areas shall be set back a minimum of twelve feet from the right-of-way line. Corner or double frontage lots must meet this requirement on all street frontages. Parking areas shall be set back a minimum of ten feet from any side or rear property line.

B.

Vision Clearance. No structure shall be permitted so as to interfere with a clear line of sight. The area required for the line of sight shall be in accordance with the current standards set forth by the American Association of State Highway and Transportation Officials (AASHTO) in their Policy on Geometric Design of Highways and Streets.

(Ord. 1143 (part), 2000).

A.

Spaces Required. One parking space must be provided for each two hundred square feet of gross floor area of the building. Granting of a conditional use permit may vary the parking requirement to provide spaces in accordance with the provisions of Section 20.36.050A of this title.

B.

Improvements Required. Parking area for more than four vehicles shall provide the following:

1.

Yards. The front yard setback before the parking area shall be the same as for buildings in the district in which the parking area is located. Side yards shall be seven feet from the lot line on either side of the parking area. No rear yard is required.

2.

Surfacing.

a.

All driveways and open off-street parking areas shall be surfaced with bituminous or concrete.

b.

Driveway aprons between the street and sidewalk shall be of concrete.

c.

Grading. Open off-street parking areas shall be graded and drained so as to dispose of all surface water and have an on-site stormwater collection system going into the municipal stormwater sewer system.

3.

Screening and Landscaping. (See Title 23—Landscaping and Bufferyard Regulations)

C.

Lighting. Any lighting used to illuminate off-street parking areas shall use full cut-off design fixtures and shall be directed downward to minimize light spill onto adjacent properties.

D.

Off-Street Loading Requirements. Space shall be provided for off-street loading of sufficient size so that no streets, alleys or sidewalks are blocked.

(Ord. 1143 (part), 2000).

(Ord. No. 1426, 3-12-2013)