60A.1 Purpose.

The commercial district regulations of this Article are intended to govern the location, intensity, and method of development of the business and commercial uses needed to serve the citizens of Riverdale and its trade area. The regulations of each district are designed to provide for groupings of business and commercial uses that are compatible in scope of services and method of operations. Under this Article VI-A, all business uses are contained in the following two (2) business district classifications:

C-1   Local Shopping District

C-2   Community Shopping District

61A.1   Description of District

The C-1 local shopping district is intended to provide areas to be used by retail or service establishments to supply convenience goods or personal services for the daily needs of the residents living in adjacent residential neighborhoods. The district is designed to encourage shopping centers with planned off-street parking and loading and provide for existing individual or small groups of local stores. This district is normally located on primary or secondary thoroughfares, is relatively small in size, and has bulk standards comparable to the bulk standards for low density residential districts.

61A.2   Uses Permitted.

No land shall be used or occupied and no building, structure, or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this ordinance, for other than one or more of the following specified uses:

1.   Retail businesses   which supply commodities on the premises, such as, but not limited to:

a)   Apparel store.

b)   Bakery, in which the manufacture of goods is limited to goods sold on the premises only.

c)   Book and stationary store.

d)   Camera store.

e)   Candy and confectionery store.

f)   Dairy products store.

g)   Delicatessen.

h)   Drugstore.

i)   Dry goods store.

j)   Floral shop.

k)   Grocery and food store.

I)   Hardware store.

m)   Ice Cream Store.

n)   Liquor Store, package.

o)   Meat market.

p)   Restaurants, excluding drive-in service.

q)   Shoe store.

r)   Sporting goods store.

s)   Toy store.

t)   Variety store.

u)   Convenience store commonly referred to as a C-store having no pumps or car wash.

2.   Personal service establishments which perform services on the premises, such as, but not limited to:

a)   Barbershop.

b)   Beauty shop.

c)   Dancing school.

d)   Dry cleaners, but not a central plant serving more than one retail outlet.

e)   Laundry and dry cleaners, self-service only.

f)   Music school.

g)   Photographic studio.

h)   Shoe repair shop.

i)   Tailor and dressmaker.

3.   Business service establishment, which performs services on the premises, such as, but not limited to:

a)   Bank, savings and loan, and financial institution, not including drive-in facilities.

b)   Currency exchange.

c)   Insurance agency.

d)   Insurance carrier.

e)   Loan company.

f)   Real estate office.

4.   Professional office establishments, such as, but not limited to:

a)   Attorney and law office.

b)   Chiropodist's office.

c)   Chiropractor's office.

d)   Dentist's office.

e)   Doctor's, surgeon's, and physician's office.

f)   Medical and dental clinic.

g)   Optician's office.

h)   Osteopath's office.

i)   Private clinic.

5.   Public, quasi-public,   and governmental   buildings and facilities, such as, but not limited to:

a)   Church.

b)   Essential services, gas-regulator station, telephone exchange, electric substation.

c)   Off-street parking facility.

d)   Office building.

e)   Post office.

f)   Public utility establishment.

g)   Public park and public playground.

h)   Child care center and preschool

61A.3   Special Uses Permitted.

The following uses may be permitted only if specifically authorized as allowed in Article IX, sections 90 through 92:

1.   Similar and compatible uses to those allowed as "permitted uses" in this district.

2.   Automobile service station, for the sale of gas, lubricants, coolants, and minor accessories only, and the performance of incidental services such as tire changing, battery charging, and accessory installations.

3.   Drive-in banking facility.

4.   Meeting halls and banquet facilities.

5.   Outdoor general advertising device that advertises a group of commercial uses.

6.   Residence of the proprietor of a commercial use.

7.   Residence, when above the first floor and secondary to the business use of the premises.

8.   Theater, indoor only.

9.   Restaurant, carryout only.

10.   Drive-up window.

61A.4   Temporary Permit Uses Permitted.

Upon application to and issuance by the building commissioner of a permit therefore, the following uses may be operated as temporary uses:

1.   Bazaar, dance and carnival; provided, however, that each permit shall be valid for a period of not more than seven (7) days; and provided, further, that a period of at least ninety (90) days shall intervene between the termination of one permit and the issuance of another permit for the same location.

2.   Christmas tree sales; each such permit shall be valid for a period of not more than sixty (60) days.

3.   Parking lot designated for a special event; provided, however, that each permit shall be valid only for the duration of the designated special event.

4.   Real estate subdivision sign not to exceed one hundred (100) square feet for each face. Sign shall be non-illuminated. Each such permit shall specify the location of the sign. Each such permit shall be valid for a period of not more than one hundred eighty (180) days and may be renewed until development of the subdivision is ninety percent (90%) complete or for ten (10) renewals, whichever comes first, and shall be conditioned upon the good maintenance of the sign.

5.   Temporary building, trailer, or yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the building or yard and the area of permitted operation. Each such permit shall be valid for a period of not more than one (1) year and shall not be renewed for more than five (5) successive periods at the same location.

6.   Temporary mobile sign. Not more than two (2) temporary mobile signs shall be permitted at any one (1) business site for periods of thirty (30) days and one (1) renewal of thirty (30) days. Re-application shall not be considered sooner than ninety (90) days after the termination of the last such permit. The building commissioner shall approve the exact placement so as not to conflict with the public safety.

7.   Temporary office, both incidental and necessary for the sale or rental of real property. Each permit shall specify the location of the office and the area of permitted operation. Each such permit shall be valid for a period of not more than one (1) year and shall not be renewed for more than five (5) successive periods at the same location.

61A.5   Accessory Uses Permitted.

Accessory uses, buildings, or other structures and devices customarily incidental to and commonly associated with a permitted use or special use may be permitted, provided they are operated and maintained under the same ownership, on the same parcel, and do not include structures or features inconsistent with the permitted use or special use.

61A.6   Prohibited Uses.

All uses not expressly authorized in sections 61A.2, 61A.3, 61A.4, and 61A.5, including, but not limited to:

1.   Bar, cocktail lounge, and tavern.

2.   Hotel and motel.

3.   Residential uses, except as a special use.

4.   Restaurant, drive-in.

5.   Sign and billboard.

6.   Undertaking establishment and funeral parlor.

61A.7   Site ar1-dStructure_Reguirements.

1.   Minimum Lot Area. None required, except that each residential dwelling unit shall have a ground area of not less than five thousand (5,000) square feet.

2.   Front Yard. All structures shall be set back at least twenty-five (25) feet from the front lot line.

3.   Side Yard. None required; however, if a yard is provided, it shall be not less than five (5) feet. Adjoining a residential district, a side yard equal to the adjacent yard required in the abutting residential district shall be provided.

4.   Rear Yard. All structures shall be set back at least twenty (20) feet from the rear lot line.

5.   Maximum Height. No structure or portion thereof shall exceed a height of two (2) stores, or twenty-five (25) feet, and no accessory structure shall exceed one (1) story or fifteen (15) feet in height.

6.   Floor area ratio, not to exceed 1.0.

61A.8   Special Provisions.

1.   Enclosure of Operations. All business, servicing, or processing shall be conducted within completely enclosed buildings, except:

a)   Off-street parking or loading.

b)   Accessory uses when allowed by the special exception procedure.

2.   Parking requirements, in accordance with the regulations set forth in section 63A.
The parking of trucks when accessory to the conduct of a permitted use shall be limited to vehicles having not over one and one-half (1 1/2) ton capacity, except for pick-up and delivery services.

3.   Sign requirements, in accordance with the regulations set forth in section 64A.

4.   Scope of Operations. All business establishments shall be retail trade or service establishments dealing directly with consumers, and all goods produced on the premises shall be sold on the premises where produced.

5.   Screening. Where a commercial use abuts or is across the street from a residential district, adequate screening shall be provided in accord with section 65A.

62A.1.   Description of District.

The C-2 community shopping district is intended to provide areas to be used as the primary shopping area for the local area and other nearby communities, transients, and for the shopping area for occupants of various business and industrial establishments. The district permits most all types of business and commercial enterprises, offices, and service establishments. This district is normally centrally located with respect to the shopping service area and located at the convergence or along the major thoroughfares of the community.

62A.2.    Uses Permitted.

No land shall be used or occupied and no building, structure, or premises shall be erected, altered, enlarged, occupied, or used, except as otherwise provided in this ordinance, for other than one or more of the following specific uses:

1.   Retail businesses, which supply commodities on the premises, such as, but not limited to:

a)   Retail businesses permitted in the C-1 district.

b)   Appliance store.

c)   Art school and supply store.

d)   Art gallery.

e)   Automobile accessories store.

f)   Bicycle store, sales, rental, and repair.

g)   Business machines store.

h)   China and glassware store.

i)   Department store.

j)   Drapery store.

k)   Floor coverings, including rugs and carpets.

I)   Furniture store.

m)   Gift shop.

n)   Hobby shop.

o)   Jewelry store.

p)   Leather goods and luggage store.

q)   Linoleum and tile store.

r)   Locksmith.

s)   Merchandising machines, sale of products.

t)   Music store.

u)   Newsstand.

v)   Notions store.

w)   Office supplies and stationary.

x)   Paint and wallpaper store.

y)   Pet shop.

z)   Radio and television sales.

aa)   Record shop.

bb)   Tobacco shop.

cc)   Trading stamp store.

dd)   Convenience store commonly referred to as a C-store with car wash facilities but without gas pumps.

ee)   Restaurants, eat in or carry out.

2.   Personal service establishments, which perform services on the premises, such as, but not limited to:

a)   Personal service establishments permitted in the C-1 district.

b)   Clothing rental agency.

c)   General minor repair and "fix-it" shop.

d)   Interior decorating shop.

e)   Laundry.

f)   Travel bureau.

g)   Undertaking establishment and funeral parlor.

3.   Business service establishments, which perform services on the premises, such as, but not limited to:

a)   Business service establishments permitted in the C-1 district.

b)   Better business bureau.

c)   Billiard and pool hall.

d)   Blueprinting establishment.

e)   Bowling alley.

f)   Business and management consultant.

g)   Business office.

h)   Chamber of Commerce.

i)   Charitable organization.

j)   Civic association.

k)   Credit agency.

I)   Dance Studio.

m)   Detective agency.

n)   Employment agency.

o)   Indoor skating rink.

p)   Insurance carrier.

q)   Investment company.

r)   Labor union and organization.

s)   Mail order house.

t)   Merchants association.

u)   News syndicate.

v)   Newspaper office.

w)   Picture framing.

x)   Political organization.

y)   Professional membership association.

z)   Radio and television service and repair.

aa)   Real estate board.

bb)   Security and commodity broker.

cc)   Social and fraternal association.

dd)   Swimming pool.

ee)   Taxicab stand.

ff)   Theater, indoor only.

gg)   Trade association.

hh)   Meeting halls and banquet facilities.

ii)   Other establishments that could provide off-premises service such as HVAC, frozen food locker, and plumbing.

jj)   Storage, fully enclosed collector vehicle storage, tourist court, and hotel.

4.   Professional office establishment, such as, but not limited to:

a)   Professional office establishments permitted in the C-1 district.

b)   Accounting, auditing, and bookkeeping.

c)   Artist and industrial designer.

d)   Engineering and architectural service.

e)   Laboratory, medical, and dental.

f)   Landscape architect.

g)   Professional consultant.

h)   Professional office.

i)   Scientific research agency.

5.   Public, quasi-public,   and governmental   buildings   and facilities, such as, but not limited to:

a)   Public, quasi-public, and governmental buildings and facilities permitted in the C-1 District.

b)   Bus passenger station.

c)   Hospital.

d)   Museum, art gallery, library.

e)   School and college.

f)   Transit and transportation facility.

g)   Vocational school.

h)   Fitness centers.

6.   Residential uses, such as, but not limited to:

a)   Apartment, only upon the following conditions:

1)   Dwelling units shall not be permitted below the second floor above ground level of the building.

2)   Dwelling units shall not be located on the same floor with any other use allowed in the C-2 district.

3)   Minimum lot area per dwelling unit shall be in accord with the following table:

4)   Minimum floor area per dwelling unit shall be in accord with the following table:

5)   Apartments with more than two (2) bedrooms shall not be permitted.

b)   Apartment hotel.

c)   Convalescent, nursing home, rest home, or sanatorium.

d)   Dormitory, Fraternity, and club.

e)   Hotel and motel.

62A.3   Special Uses Permitted.

The following uses may be permitted only if specifically authorized by the board of adjustment as allowed in section 23:

1.   Similar and compatible uses to those allowed as "permitted uses» in this district.

2.   Antique shop.

3.   Automobile service station for the sale of gas, lubricants, coolants, and minor accessories only, and the performance of incidental services such as tire changing, battery charging, and accessory installations.

4.   Bar, cocktail lounge, and tavern.

5.   Drive-in banking facility.

6.   Reserved.

7.   Residence of the proprietor of a commercial use.

8.   Reserved.

9.   Drive-up window.

10.   Gas pumps when associated with a C-store.

62A.4   Temporary Permit Uses Permitted.

Upon application to and issuance by the building commissioner of a permit therefore, the following uses may be operated as temporary uses:

1.   C-1 temporary permit uses.

62A.5.    Accessory Uses Permitted.

Accessory uses, buildings, or other structures and devices customarily incidental to and commonly associated with a permitted use or special use may be permitted provided they are operated and maintained under the same ownership, on the same parcel, and do not include structures or features inconsistent with the permitted use or special use.

62A.6.    Prohibited Uses.

All uses not expressly authorized in sections 62A.2, 62A.3, 62A.4, and 62A.5, including, but not limited to:

1.   Automobile agency.

2.   Residential uses, except as special use.

3.   Restaurant, drive-in.

4.   Sign and billboard.

5.   Used car lot.

6.   Used furniture and second-hand store, other than antiques.

7.   Wholesale uses.

62A.7   Site and Structure Reguirements.

1.   Minimum Lot Area. None required, except that each residential use shall have a ground area of not less than five thousand (5,000) square feet.

2.   Front Yard. All structures shall be set back at least twenty (20) feet from the front lot line.

3.   Side Yard. None required, except if a yard is provided, it shall not be less than five (5) feet. Adjoining a residential district, a side yard equal to the adjacent yard required in the abutting residential district shall be required.

a)   Outer Court. The width of an outer court shall not be less than ten (10) feet, or less than one-half (1/2) of the height of each court, or less than one-half (1/2) of the length of such court, whichever is greater.

b)   Inner Court. The width of an inner court shall not be less than twenty (20) feet, the length shall not be less than one-half (1/2) the height of such court, and the area shall not be less than twice the square of its required least dimension.

4.   Rear Yard. None required, except when abutting a residential district, then a rear yard equal to the adjacent yard required in the abutting residential district shall be required.

5.   Maximum Height. No structure or portion thereof shall exceed a height of ten (10) stories or one hundred (100) feet, and no accessory structures shall exceed one (1) story or fifteen (15) feet in height.

6.   Floor area, ratio, not to exceed 4.0.

62A.8   Special Provisions.

1.   Enclosure of Operations. All business, servicing, or processing shall be conducted within completely enclosed buildings, except:

a)   Off-street parking or loading.

b)   Accessory uses when allowed by the special exception procedure.

2.   Parking requirements, in accordance with the applicable regulations set forth in section 63A.

3.   Sign requirements, in accordance with the applicable regulations set forth in section 64A.

4.   Performance Standards. All activities shall conform to the performance standards established for the industrial district.

5.   Scope of Operations. All business establishments shall be retail trade or service establishments dealing directly with consumers, and all goods produced on the premises shall be sold on the premises where produced.

6.   Screening. Where an office or commercial use abuts or is across the street from a residential district, adequate screening shall be provided in accord with Section 65A.

1.   Scope. The provisions of this section shall apply and govern in all C-1 and C-2 districts.

2.   General Reguirements.

a)   The duty to provide and maintain off-street parking space shall be the joint and several responsibility of the operator and/or owner of the use and/or land for which off-street parking space is required to be provided and maintained.

b)   For land, structures or uses actually used, occupied or operated on the effective date of this ordinance, there shall be provided such off-street parking space as was required for such land, structures or uses by any previous ordinance. If such land, structures or uses are enlarged, expanded or changed through the addition of dwelling units, gross floor area, seating capacity, additional employment or other unit of measurement specified herein, there shall be provided, for that increment of expansion only, at least the amount of off-street parking space that would be required hereunder if the increment were a separate land, structure or use established or placed into operation after the effective date of this ordinance.

c)   For all uses established or placed into operation after the effective date of this ordinance, there shall be constructed, provided, preserved and maintained the amount of off-street parking space hereinafter set forth.

d)   Whenever the intensity of use of any structure or premises shall be increased through the addition of dwelling units, , gross floor area, seating capacity, additional employment or other unit of measurement, such additional parking as required herein to provide for the expanded use shall be provided.

e)   Whenever the existing use of a building, structure or land area is changed to a new use, parking facilities shall be provided as required by the new use. However, if the use existed prior to the effective date of this ordinance, parking is required only in the amount that the new use would exceed the requirements for the existing use if the latter were subject to the parking provisions of this ordinance.

f)   Parking in existence on the effective date of this ordinance or that was provided voluntarily after such effective date, shall not hereafter be reduced below, or if already less than, shall not further be reduced below, the requirements of this ordinance for a new use.

g)   All off-street parking space, whether or not required by this ordinance and when provided in accordance with the provisions of this ordinance or in accordance with the provisions of any former ordinance, shall be used, maintained and operated as hereinafter required.

h)   Parking for all types of uses may be provided either in garages or open parking areas conforming with the provisions of this ordinance.

i)   Where sufficient existing "public parking facilities" are located so as to provide or supplement part or all of the required parking space, the board of adjustment may reduce the number of spaces required for a particular use or group of uses.

j)   Parking may be with or without charge.

3.   Location. Off-street parking space shall be located on the same zoning lot as the use for which provided, except as otherwise specifically provided:

a)   Special Location Plan. Pursuant to the procedure hereinafter set forth, either part or all of the required off-street parking space may be located off the lot of the use for which the space is provided. The following limitations shall apply to the "special location plan."

1)   Separation From Use. Off-street parking shall be located as hereinafter specified; where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve.
In all commercial districts, parking facilities shall be located within three hundred (300) feet of the building they are required to serve.

In all industrial districts, parking facilities shall be located within six hundred (600) feet of the building they are required to serve.

2)   Application. All applications for approval of a "special location plan" hereunder shall be filed with the board of adjustment by the owners of the entire land area to be included within the "special location plan," the owner or owners of all structures then existing on said land area and all encumbrances of said land area and structures; shall contain sufficient evidence to establish to the satisfaction of the board of adjustment that the applicants are the owners and encumbrances of the designated land and structures; shall contain such information and representations required by this ordinance or deemed necessary; and shall include plans showing the following details:

The location of the uses or structures for which off-street parking space is required.

The location at which the off-street parking space is to be provided.

3)   Procedure. All applicants shall be reviewed and approved by the board of adjustment. Any approval may establish necessary conditions and limitations.

Upon approval of a "special location plan," a copy of such plan shall be registered and recorded among the records of the city.

All "special location plans" registered and recorded hereunder shall be binding upon the applicants for such special plans, their successors and assigns, shall limit and control the issuance and validity of all zoning permits and zoning certificates and shall restrict and limit the use and operation of all land and structures included within such special plans to all conditions and limitations specified in such plans and the approvals thereof.

All "special location plans" registered and recorded hereunder may be amended pursuant to the same procedure and subject to the same limitations and requirements by which such plans were approved, registered and recorded.

Upon application to the board of adjustment by the owner or owners of the entire area included within any "special location plan" registered and recorded hereunder, the owner or owners of any structure then existing thereon and all encumbrances of said land and structures, any such plan may be withdrawn, either partially or completely, from registration and released from recording if all uses, land and structures remaining under such plan can be made to comply with all conditions and limitations of the plan and all uses, land and structures withdrawn from such plan can be made to comply with all regulations established by this ordinance and unrelated to any "special location plan."

b)   Front Yard. No vehicle shall be parked in any front yard except upon a regularly constructed driveway. Parking lots may be allowed in front yard if authorized by the board of adjustment, provided that the district does not require that the front yard be landscaped and devoted to no other use, and further provided that the parking is in accord with all other ordinance provisions.

c)   Side and Rear Yard. Parking space that is open to the sky may be located in a required side or rear yard, but only if an unobstructed space of five (5) feet, and ten (10) feet where abutting a residential district, is left along the lot line. If the specific district regulations are more permissive, their requirements shall apply.

d)   Parkway. No parking shall be permitted between the property line and the curb line or edge of the pavement of the street.

4.   Combined Space. Off-street parking space shall be provided for each use. However, two (2) or more uses located on the same zoning lot may jointly provide for one combined parking facility.

a)   Where off-street parking space is combined and used jointly by two (2) or more uses having different standards for determining the amount of off-street parking space required, the parking space shall be adequate in area to provide the sum total of off-street parking space requirements of all such uses.

b)   Where off-street parking space is combined and used jointly by two (2) or more uses having the same standard for determining the amount of off-street parking space required, all such uses, for the purposes of this section, shall be considered a single unit and the gross floor area of all such uses in all structures on the same lot or the number of employees of all such uses in all structures on the same lot as fixed by the applicable standard, shall be taken as a single total for the purpose of determining the amount of off-street parking space required.

5.   Sharing of Space. Two (2) or more uses may share the same off-street parking space if the schedules of operation of all such uses are such that none of the uses sharing the space requires the off-street parking space at the same time as any other use sharing the space. Each such use that is sharing space shall be considered as having provided such shared space individually.

6.   Design, Development and Maintenance. Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot and also an automobile or trailer sales lot, shall be designed, developed and maintained in accordance with the following requirements:

a)   Shall not be used for the sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies; except when parking is a permitted principal or special use.

b)   Shall be provided with an asphaltic concrete, Portland cement concrete, or brick surfacing maintained at all times in such a manner as to prevent the release of dust and to be free of dust, trash and debris. If such surfacing would be detrimental because of the excessive runoff of storm water, the board of adjustment may direct such area to be left unpaved and designed to remain dust-free and attractive. All required parking spaces shall be delineated by permanent striping of parking surface.

c)   Shall be pitched and drained so as to prevent the flow of water from such areas onto adjoining property or onto streets or alleys that have no drainage facilities.

d)   Shall be provided with entrances and exits not less than twelve (12) feet in width and so located as to minimize traffic congestion.

e)   Shall be provided with curbs, wheel guards or bumper guards so located that no part of a parked for moving vehicle extend beyond the property line.

f)   Where hazards exist which can be eliminated or lessened by lighting, the board of adjustment may require lighting at such hours and in such manner as deemed necessary in the interest of public safety and security. Such lighting facilities shall be so arranged that they neither unreasonably disturb occupants of adjacent residential properties nor interfere with traffic.

g)   May have not more than one attendant shelter building conforming to all setback requirements for structures in the district in which it is located.

h)   Each off-street parking space shall have an area of not less than one hundred sixty-two (162) square feet exclusive of access drives or aisles, and shall be of usable shape and condition. Parking lots and spaces shall be in general conformance with the Parking Design Guidelines, if any, established and occasionally updated by resolution by the city council. The parking space size may be reduced if an overhang area is provided. The overhang area must be used exclusively for the overhanging of a vehicle and shall not exceed the size established in the Parking Design Guidelines.

k) All open or unused areas shall be landscaped and continuously maintained.

7.   Units of Measurement. For purposes of this section the following units of measurement shall apply:

a)   Floor Area. The total floor area of a building designed for tenant or owner occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet measured from the center lines of joint partitions and exteriors of outside walls. It shall not include areas used principally for utilities and space incidental to the management or maintenance of the building.

b)   Seat or Bench. A seat shall be the space intended for one individual. In places where patrons or spectators occupy benches, pews or other seating facilities, each twenty (20) inches of such seating facilities shall be counted as one seat.

c)   Employees. Employees shall be based on the maximum number of persons on duty or residing, or both, on the premises at any one time.

d)   Fractions. When units of measurement result in the requirement of a fractional space, any fraction shall require one parking space.

8.   Space Required. At least the following numbers of useable off-street parking spaces shall be provided; also adequate provision for ingress, egress and maneuvering shall be provided:

a)   Commercial Uses.

1)   Automobile laundry. Stacking spaces shall be provided to accommodate waiting automobiles equal in number to five (5) times the maximum capacity of the automobile laundry for each wash rack, plus one parking space for each two (2) employees. Maximum capacity, in this instance, shall mean the greatest number of automobiles undergoing some phase of laundering at the same time.

2)   Automobile Service Stations. Two (2) parking spaces shall be provided for each island of pumps and each service stall plus one parking space for each two (2) employees.

3)   Banks. One parking space shall be provided for each two hundred (200) square feet of floor area. Drive-in establishments shall provide six (6) stacking spaces per teller or customer service window.

4)   Barbershop and Beauty Parlor. Two (2) parking spaces shall be provided for each barber chair plus one for each employee and tanning bed.

5)   Reserved.

6)   Restaurants or Establishments Dispensing Food and/or Beverages for Consumption at Indoor Tables (Not Including Drive-in Establishments). One parking space shall be provided for each one hundred (100) square feet of floor area, or one parking space for each three (3) seats plus one parking space for each three (3) employees, whichever is greater. Conversely, at least one seat shall be provided for each parking space.

7)   Restaurants Dry Cleaners and Other Similar Type Businesses Designed to Primarily Accommodate Pick-up Drop-off or Cartout Type Activities or Areas Within Businesses Designated for Such Use. One parking space shall be provided for each fifteen (15) square feet of floor area designated for customers waiting to be served, plus one space for each employee.

8)   Restaurants (Drive-in) and/or Refreshment Stand (Where Food and/or Beverage is Consumed in a Vehicle). One parking space shall be provided for each twenty (20) square feet of floor area, but not less than ten (10) spaces.

9)   Retail Stores. One parking space shall be provided for each one hundred eighty (180) square feet of floor area.

10)   Undertaking Establishments1 Funeral Parlors. Six (6) parking spaces shall be provided for each chapel or parlor, one for each fifty (50) square feet of floor area used for services, whichever is greater, plus one parking space for each funeral vehicle kept on the premises.

11)   Coin or Token-OQerated Laundrt Establishments. One parking space shall be provided for every two (2) machines.

12)   Other Laundrt and Drt Cleaning Establishments. One parking space shall be provided for each employee. An additional three (3) spaces shall be required for customers.

13)   Reserved.

14)   Bed and Breakfast Inn. Two (2) parking spaces for the owner/manager, plus one space per employee and one space per guest room shall be provided.

b)   Office Uses.

1)   Business or Professional Offices. One parking space shall be provided for each three hundred (300) square feet of floor area.

2)   Medical or Dental Clinics. Two (2) parking spaces shall be provided for each office, examining room and treatment room, plus one for each employee.

c)   Schools, Institutions and Places of Assembly.

1)   Auditoriums, Gymnasiums, Convention Halls and All Places of Assembly. One parking space shall be provided for each five (5) seats or parking spaces equal to one-fifth (1/5) the capacity of the facility in persons.

2)   Churches. One parking space shall be provided for each four (4) seats in the main auditorium.

3)   Colleges, Universities, Trade Schools. One parking space shall be provided for each two (2) students (based on the maximum number of students that the facility is designed to handle at any one time), plus one for each two (2) employees.

4)   Elementary School. Two (2) parking spaces shall be provided for each classroom. However, if a place of assembly is provided in the school and the parking spaces provided for the place of assembly is equal to or in excess of the requirements for the classrooms, the classroom requirement need not be provided.

5)   Hospitals. One parking space shall be provided for each two (2) beds, plus one for each staff doctor or visiting doctor, plus one for each two (2) employees.

6)   High School. One parking space shall be provided for each four (4) students in the eleventh and twelfth grades (based on the maximum number of students that the facility is designed to handle at any one time), plus one for each two (2) employees. Parking spaces equal to one-fifth (1/5) the capacity of any place of assembly will be required if provided in the school.

7)   Nursery School. One parking space shall be provided for each employee.

8)   Nursing Home, Convalescent Home and Similar Type Establishments. One parking space shall be provided for each three (3) beds, plus one for each two (2) employees.

9)   Library, Museum, Art Gallery, and Civic, Cultural, or Historic Institution. One parking space shall be provided for each five hundred (500) square feet of floor area.

10)   Private Clubs and Lodges. Parking spaces equal to one-fifth (1/5) the capacity of the facility in persons shall be provided.

11)   Middle School. One parking space shall be provided for each employee. Parking spaces equal to one-fifth (1/5) the capacity of any place of assembly will be required if provided in the school.

d)   Other Uses. For uses not listed heretofore in this schedule of parking requirements, parking spaces shall be provided on the same basis as required for the most similar listed uses, or as determined by the board of adjustment.

9.   Plot Plan. Any application for a building permit, or for a certificate of occupancy shall include therewith a plot plan, drawn to scale and fully dimensioned, showing all parking facilities required by this ordinance.

10.   Modifications. The board of adjustment may authorize or appeal a modification, reduction or waiver of the foregoing requirements, if it should find that, in the particular case appealed the peculiar nature of the residential, business, trade, industrial or other use, or the exceptional shape or size of the property or other exceptional situation or condition, would justify such action.

1.   Scope. The provisions of this section shall apply and govern in all districts.

2.   When Required. Off-street loading space shall be required and maintained in connection with any building or part thereof, hereafter erected or altered which is to be occupied by uses requiring the receipt or distribution of materials or merchandise.

3.   Location. Off-street loading space shall be located on the same lot as the structure for which provided.

4.   Duty to Provide. The duty to provide the off-street loading space herein required shall be the joint and several responsibility of the operator and the owner of the structure or structures for which off-street loading spaces is required to be provided. No structure shall be designed, erected, altered, used or occupied unless the off-street loading space herein required is provided in at least the amount herein set forth; provided, however, that off street loading space need not be provided for structures actually used, occupied and operated on the effective date of this ordinance unless, after the effective date of this ordinance, such structures are enlarged or expanded, or the uses within such structures are enlarged, expanded or changed, so as to require a greater amount of off-street loading space than the amount of off-street loading space not required to be furnished by reason of the foregoing exclusion, in which event, the structures hereby excluded shall not be used, occupied or operated unless there is provided for the increment only of such structures, and maintained as herein required, at least the amount of off-street loading space that would be required hereunder if the increment were a separate structure.

5.   Design. Development and Maintenance. Every parcel of land hereafter used for off-street loading space shall be designed, developed and maintained in accordance with the following requirements:

a)   Shall not be used for the sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies.

b)   Shall be graded for proper drainage and provided with an all-weather surfacing maintained at all times in such a manner as to prevent the release of dust and to be free of dust, trash and debris.

c)    Off-street loading spaces that adjoin or are across the street from property zoned for any residential use, shall have a dense evergreen planting, fence, masonry wall or such other screening, as may be determined by the board of adjustment. The board of adjustment shall also determine the height, location and density of screening used to provide adequate protection to adjoining property

d)   Shall be provided with entrances and exits not less than twelve (12) feet in width and so located as to minimize traffic congestion.

e)   No portion of a vehicle shall project into a street or alley while being loaded or unloaded.

f)   Each off-street loading space shall be not less than ten (10) feet in width, twenty-five (25) feet in length and twelve (12) feet in height, exclusive of access drives. When more than three (3) spaces are required, the spaces other than the first three (3) shall be twelve (12) feet in width, sixty-five (65) feet in length, and fifteen (15) feet in height.

g)   Off-street loading space may occupy all or any part of any required yard space, other than the front yard or side yard adjoining a street.

6.   Amount of Space Required. At least the following amounts of off-street loading space shall be provided, plus an area or means adequate for maneuvering, ingress and egress:

7.   Modifications. The board of adjustment may authorize an appeal modification, reduction or waiver of the foregoing requirements, if it should find that, in the particular case appealed the peculiar nature of the business, trade, industrial or other use, or the exceptional shape or size of the property or other exceptional situation or condition, would justify such action.

64A.1   Intent And Purpose.

This section is intended to control and regulate the development of signs within the C-1 and C-2 districts. There is a significant relationship between the manner in which signs are displayed, the public health, safety and welfare, and the value, compatibility and economic stability of adjoining property, its land use and the city. The reasonable display of signs is necessary as a service to the people in the conduct of competitive commercial and industrial activity and to promote freedom of expression. The regulations in this section establish standards for the display of signs in direct relationship to the above stated purposes and directives. Notwithstanding the foregoing, the signs permitted under this section are subject to and qualified by any signage requirements under Article Ill-A for any property within the Highway Corridor Overlay District.

64A.2. Reserved.

64A.3.    Permits Required.

When the regulations of this section require a permit, said permit shall be requested from the Riverdale Zoning Inspector and issued by the Scott County Building Department.

64A.4.    General Requirements.

All signs must comply with the following conditions:

1.   No sign shall be placed so as to obstruct vision at street intersections and driveway intersections for oncoming vehicles.

2.   When a permit is required on any particular sign, said sign shall display the name of the owner and erector.

3.   No sign shall block any required accessway or window.

4.   No sign shall be attached to a tree or utility pole.

5.   All signs not authorized by this section are prohibited.

6.   No signs other than public service and safety signs shall be permitted on public property unless authorized by the governmental agency having control thereof.

64A.5.    Removal and Conformance Requirements.

It is the intent of this section to recognize that the eventual elimination, as expeditiously as it is reasonable, of existing signs that are not in conformity with the provisions of this section is as much a subject of the health, safety and welfare of the public as is the prohibition of new signs that would violate the provisions of this section. It is also the intent of this section that any elimination of nonconforming, signs shall be effected so as to avoid any unreasonable invasion of established private property rights. The building commissioner shall cause removal of a sign or sign structure if the property owner fails to comply with the standards of this section within ten (10) days after being issued a written notification from the building commissioner. Any expense incurred by the city in removing or repairing the sign or sign structure shall be paid by the owner of the property to which the sign is attached.

1.   Obsolete Signs. Any nonconforming off-premises sign which does not advertise a bona fide business, product or organization or becomes obsolete because the business or organization has relocated shall be removed by the owner within one hundred twenty (120) days of the termination or relocation of the business, product or organization being advertised. Removal of obsolete signs shall include the supporting structure, exclusive of any building, if all signs on the structure are obsolete.

Any nonconforming off-premise sign which is severely damaged and requires over fifty (50) percent of the cost of replacement for repair shall be removed within one hundred twenty (120) days after the date of the damage. Removal of damaged signs shall include the supporting structure exclusive of any building, if all signs on the structure are nonconforming.

2.   Any obsolete sign which does not advertise a bona fide business conducted, or a product sold, shall be taken down and removed by the owner, agent or person having the beneficial use of the structure upon which such sign may be found within ten (10) days after written notification from the zoning administrator. Upon failure to comply with such notice within the time specified in such order, the building commissioner may cause removal of such sign, and any expense incident thereto shall be paid by the owner of the property to which such a sign is attached.

3.   Unsafe and Unlawful Signs. If the building commissioner shall find that any sign is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this section, he shall give written notice to the person to whom the zoning certificate had been issued. If he fails to remove or alter the sign so as to comply with the standards herein set forth within ten (10) days after such notice, such sign may be removed or altered to comply by the zoning inspector at the expense of the zoning certificate issuee or owner of the property upon which it is located. The zoning inspector shall refuse to issue a zoning certificate to any such party or owner who refuses to pay costs so assessed. The zoning administrator may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.

4.   Alterations. No display sign or outdoor advertising device shall be altered, rebuilt, enlarged, extended, or relocated except in conformity with the provisions of this ordinance. The repainting, changing of parts and preventative maintenance of signs shall not be deemed to be alterations.

5.   Maintenance. The owner of any sign requiring a permit shall be required to maintain an exterior which is properly painted, galvanized or otherwise treated to prevent rust and deterioration of all parts and supports.

64A.6.    Permitted Sign Within C-1 and C-2 Districts.

This subsection sets forth which types of signs are permitted in C-1 and C-2 zoning districts of the city. The notation "NP" indicates that "no permit" is required for that sign. The notation "P" indicates that a permit is required for that sign. The following signs are permitted in the commercial districts as indicated below with detailed regulations for each number are listed in subsection 64A.7:

001 Awning Sign. C-1, C-2, NP

002 Automobile Gas Station Sign Oil Can Rack. C-1, C-2, NP

003 Automobile Gas Station Sign Tire Rack. C-1, C-2, NP

004 Automobile Gas Station Sign Door. C-1, C-2, NP

008 For Sale and For Lease. C-1, C-2, P

009 Flags. C-1, C-2, NP

011 House Number. C-1, C-2, NP

016 Nameplate. C-1, C-2, NP

020 On-Premise Identification. C-1, C-2, P

022 Parking Lot Instructional. C-1, C-2, NP

023 Parking Lot Entrance/Exit. C-1, C-2, NP

025 Temporary Mobile. C-1, C-2, P

027 Shopping Center. C-2, P

028 Subdivision Temporary. C-1, C-2, P

029 Political Signs. C-1, C-2, NP

64A7. Specific Sign Regulations.

All signs which are listed in section 64A.6 are listed below. The following regulations govern the use of specific types of signs which are allowed within the applicable zoning districts. Subsections (1) through (8) below explain the standards, phrases, and abbreviations subsequently used for each type of sign.

1.   Type: Each sign has a "Type Str." item which shows the permitted type of sign structure which is permitted as shown in the applicable table.

"Mon" shall indicate a ground-mounted monument sign.

"Pole" shall indicate a sign mounted upon a pole or poles raised up seven (7) feet above ground level.

"Bldg" shall indicate signs attached to a building.

"1 face" shall indicate a sign structure with not more than one sign surface.

"2 face" shall indicate a sign with one sign surface or not more than two (2) sign surfaces where the two (2) sign surfaces back to each other and face opposite or nearly opposite directions.

Types of sign not listed below are not permitted for that sign.

2.   Size. Any sign shall not exceed the maximum number of square feet listed for that sign on any one side or surface as shown in the applicable table.

3.   Illumination. Signs may be illuminated when indicated in the applicable table by one of four (4) general methods shown as "111."

"Flood" for an illumination permitted by a light shining upon the sign located apart from the sign structure and directed toward the sign.

"Back" for an illumination permitted by producing a sign translucent in total or in part and placing light behind and within the structure of such sign.

"Sil" for an illumination permitted by producing a sign with opaque characteristics and placing a light behind the characteristics so as to outline the characteristic with the glow from the lighting source creating a silhouette.

"None" for no illumination permitted at all.

4.   Height. Any sign shall not exceed the maximum height in feet above average ground level listed for that sign as shown in the applicable table. The bottom of any pole sign shall not be lower than seven (7) feet above average ground level. "NTE" refers to "not to exceed."

5.   Location. Signs (not attached to buildings) are permitted on that portion of each parcel indicated for that sign as shown on the applicable table. The notation "NCT' shall mean that a sign must be located "not closer than" the designated distance from the property line. "None" shall mean no restriction as to location on the parcel other than those written in 64A.4 above.

6.   Number. No category of sign shall be displayed in greater number than listed in the applicable table except the phrase "1 per interior lot" shall also mean two (2) per corner lot with one sign oriented to each of the streets forming the comer.

7.   Special Conditions. Each sign may have a "Special Conditions" item which may indicate other condition or restriction not previously listed.

8.   Projection. Sign may project from a building into the setback by not more than the applicable number shown in the table below.

TABLE OF SIGN TYPES, DEFINITIONS AND RESTRICTIONS.  

Listed below are the types of signs permitted followed by a definition of each sign type and a table of the standards governing the characteristics of each.

01   Awning sign. A sign which is designed into the material composing the awning which may serve as an on-premise identification and advertising sign.

02   Automobile gas station sign oil can rack. A sign on an oil rack at a service station.

03   Automobile gas station sign tire rack. A sign on a tire rack at a service station.

04   Automobile gas station sign door. A sign painted or otherwise attached to the door on a service station.

0089   For sale and for lease. A sign which is temporary and is intended to indicate that the immediate perimeter or land is available for sale or for lease and contains the corporate and/or private name and phone and/or address of the agent who may be contacted for inquiries concerning the property.

009    Flags. A flag of the United States, the State of Iowa or the City of Riverdale. Insignia of United States, State of Iowa or City of Riverdale

011   House numbers. Also known as street address numbers, is a small sign with the numerals or written number which has been assigned as the progressive number which indicates the relative location along a street or place of the premises concerned.

016   Nameplates. A small sign which contains the name of one individual or a married couple or a family surname or company name, as an identification for a specific doorway or building.

020   On-premise identification and advertising sign. A sign which displays the name and/or products and/or service which can be purchased on the premises where the sign is located

022   Parking instructional signs. A sign located adjacent to driveway. and parking areas which instructs the users as to restriction and regulations controlling the parking area such as but not limited to private parking areas, hours of parking, one-way entrances, no parking area, towing policy.

023   Parking entrance exit. A sign located along a driveway entrance or exit to some type of parking area which indicates the use of the driveway as an entrance and/or exit.

025   Temporary mobile sign. Signs which are temporary and can easily be moved to another location and which have moveable type.

27   Shopping center. A sign which identifies a complex of retail or office establishments which are serviced by common parking and driveway facilities and are in a complex of at least three (3) commercial establishments on the same property or adjacent properties. Such a sign is allowed in lieu of on-premise identification pole signs for each individual business.

28   Subdivision Temporary. A sign located at a new development which is intended to identify the development until the project is complete, where there are multiple lots.

29   Political Signs. Political signs are permitted in all districts, subject to the following conditions

1.   Location and Size. No such signs shall be placed on public property. Such signs may be located in a required yard in any district, except none shall be within thirty (30) feet of a corner street lot line intersection. No such sign shall exceed thirty-two (32) square feet in surface area nor eight (8) feet in horizontal length.

2.   Height. Such signs shall not exceed five (5) feet in height.

3.   Time Limit. Such signs shall not be erected more than forty-five (45) days prior to the election to which they pertain. Such signs shall be removed or caused to be removed by the person or organization responsible for the erection or distribution of such signs, or by the owner of the property upon which they are located, or by such owner's agent no later than seven (7) days after the election to which such signs pertain unless a primary or special election sign continues to be pertinent to a general election to be held• within forty-five (45) days after said primary or special election, in which case such signs may remain for a period not to exceed seven (7) days after such general election.

4.   Permit. No additional permits shall be required.

5.   Penalty. Any person who violates this section will be given forty-eight (48) hours from the time the violation is discovered and the offender notified to come into compliance herewith. Thereafter the offense may be prosecuted as a municipal infraction.

65A.1. Purpose. The landscaping regulations are intended to improve the physical appearance of the community; to improve the environmental performance of new development by contributing to the abatement of heat, glare and noise and by promoting natural percolation of stormwater and by improving the quality of air; to buffer potentially incompatible land uses from one another and to conserve the value of property and neighborhoods within the city. This section is intended to control and regulate properties in the C-1 and C-2 zoned commercial districts.

65A.2 Applicability. No building permit shall be issued for the construction, reconstruction or structural alteration of a building and/or its parking area, nor shall a certificate of occupancy be granted for a use without conformity with the provisions of these landscape regulations. However, the following shall be exempt from the landscape regulations of this section:

1.   Reconstruction or replacement of a lawfully existing use or structure following casualty loss.

2.   Reconstruction, rehabilitation or improvements to existing uses or structures which do not substantially change the location of structures or the location and design of parking facilities or other site improvements.

3.   Additions or enlargements of existing uses or structures, except surface parking, which increase floor area or impervious coverage by less than twenty (20) percent. Where such additions or enlargements are twenty (20) percent or greater, these provisions shall apply only to that portion of the lot, site or common development where the new development occurs.

4.   Any individual lot occupied by a single-family dwelling or two-family dwelling.

65A.3 Definitions. The following definitions shall be used for terms contained within this article:

1.   Bufferyard. A landscaped area along lot lines provided to separate and partially obstruct the view of two (2) adjacent land uses or properties from one another. No structures except fences shall be allowed in a bufferyard.

2.   Deciduous Overstory Tree. A shade producing woody plant having a mature height and spread of at least thirty (30) feet with one well-defined trunk and having no branches at or near the base.

3.   Deciduous Shrubs. Woody plants that range from three (3) to fifteen (15) feet tall at maturity and often are multi-stemmed with low branching.

4.   Deciduous Understory Tree. A woody plant at least fifteen (15) feet tall at maturity with one or more well-defined trunks.

5.   Evergreen/Conifer Shrub. A woody plant having green needle-like foliage throughout the year and ranging from three (3) to fifteen (15) feet tall at maturity and often are multi-stemmed with low branching.

6.   Evergreen/Conifer Tree. An upright cone-bearing plant having green needle-like foliage throughout the year and at least fifteen (15) feet at maturity.

7.   Landscaped Area. That area within the boundaries of a given lot consisting primarily of plant material, including but not limited to grass, trees, shrubs, flowers, vines, ground cover and other organic plant materials. Inorganic materials, such as brick, stone or aggregate, may be used within landscaped areas provided that such material comprises no more than thirty-five (35) percent of the required landscaped area. Flat concrete or asphalt, other than walkways five (5) feet or less in width, shall be prohibited within a required landscaped area.

8.   Reserved.

9.   Minimum Street Landscaping. The minimum landscaped area which must be provided in a street yard, expressed as a percent of the total area contained within that street yard.

10.   Street Yard. A contiguous landscaped area along the street right-of-way. The landscaped area shall be of a depth not less than that established in Table I and measured from each street right-of-way line extending perpendicularly into the yard. The maximum depth of this area for purposes of this appendix shall not be more than twice the depth of the area at any other point.

11.   Vehicular Use Area. All areas subject to vehicular traffic, including but not limited to accessways, driveways, loading areas, service areas and parking stalls, for all types of vehicles. This definition shall not apply to covered parking structures, underground parking lots or public streets.

65A.4. General Provisions.

1.   Conflicts. Any conflict between this article and another section of this ordinance shall be resolved in favor of the more restrictive provision.

2.   Landscape Plan Review Procedure. A landscape plan shall be submitted as part of the site plan review process. If no site plan review is required, a landscape plan shall be submitted to the city council for approval before any building permits are issued. The council may approve, approve with conditions or deny the application. An applicant should submit twelve (12) copies of the landscape plan with the application.

3.   Landscape Plan Contents Requirements. A landscape plan at a scale of one inch equals twenty (20) feet shall be prepared by a landscape architect or other similar professional and shall show graphically and label clearly all items related to the project, including but not limited to the following:

a)   Title, scale, north marker and date.

b)   Zoning classification of site and adjoining property.

c)   Location and dimensions of all retaining walls, fences, walks, existing and proposed structures, overhead utilities, refuse disposal areas, electrical and mechanical equipment and vehicle use areas.

d)   All lot lines, easements and rights-of-way.

e)   All surrounding roads including names.

f)   The total square footage of the vehicle use areas and the street yard.

g)   Any condition listed in Section 65a.6(9) of these requirements.

h)   Location, scientific name, common name, quantity and size of all existing plant materials and designation of all vegetation to remain and/or be removed.

i)   Proposed landscape plantings by location, scientific name, common name, quantity, planting size and planting method. A plant list should be provided listing this information and keyed to plant locations on the plan.

j)   Plant installation details.

k)   Contours at one-foot intervals of all proposed berms and the area within the dripline of all trees to be preserved.

I)   Drainage and detention areas.

m)   Any other feature as determined necessary by the city engineer.

n)   Elevations, cross sections and other details as determined necessary by the city engineer.

o)   Designation of area to be used for snow storage.

4.   Common Development. A common development that includes more than one lot or site shall be treated as one lot or site for the purposes of satisfying the requirements of this section.

5.   Previously Approved Site Plans. Any site plan or landscaping plan approved by the planning and zoning commission prior to the effective date of this ordinance shall remain enforceable and in force.

6.   Final Calculations. All final calculations of required landscaping shall be rounded up to the next whole number if the tenths place is equal to or greater than five (5). All final calculations used to determine the required landscaping shall be rounded down to the next whole number if the tenths place is less than five (5).

7.   Installation. All landscaping required by this section shall be installed prior to occupancy or commencement of a use. If the landscaping cannot be installed prior to occupancy or commencement of a use because of climatic conditions, the building inspector may issue a temporary certificate of occupancy and grant a delay of landscaping installation until the calendar date of June 1 immediately following the date of said temporary certificate of occupancy. However, in such case, the applicant shall post a surety or cash bond equal to one hundred fifty (150) percent of the total cost of the landscaping. No final certificate of occupancy shall be issued until the landscaping is installed as approved.

8.   Maintenance of Required Landscaping. Upon installation or preservation of required landscape materials, appropriate measures shall be taken to ensure their continued health and maintenance. Required materials that do not remain healthy shall be replaced consistent with the approved landscape plan.

9.   Obstruction of View. Landscaping installed in any landscaped area shall be in accordance with the visibility requirements outlined in Section 35.03 - Fence Regulations - Setback.

10.   Rights-Of-Way, Easements and Drainage. Required landscaping shall not disturb drainage systems or be placed upon easements or rights-of-way.

65A.5. Street Yard Landscaping Requirements. Landscaping shall be provided within street yards and encompass the minimum depth as set forth in Table 1:

65A.6. Bufferyards and Screening.

1.   A bufferyard shall be required when a use is established in a more intensive zoning district which is adjacent to a less intensive zoning district. The owner or developer of the property within the more intensive district shall install and maintain a landscaped bufferyard on said property as set forth in this section. Bufferyard requirements apply only to those districts indicated in Table 2. When the development is adjacent to property which is zoned R-1 or R-2 and likely to be developed, the land use policy plan can be used as a guide to determining the future zoning and hence the bufferyard requirements in anticipation of that future zoning:

2.   Districts With Common Lot Lines. When the use in the more intensive zoning district has a common lot line with a less intensive zoning district, the required bufferyard is set forth in Table 2.

3.   Districts With Intervening Alley. When an alley separates adjacent districts requmng a bufferyard, one-half (1/2) the width of the alley shall be credited toward meeting the required bufferyard.

4.   Districts With Intervening Major Street. When an expressway or primary street, as shown on the thoroughfare plan, separates adjacent districts requiring a bufferyard, the required bufferyard shall be the greater of one-half the required bufferyard as set forth in Table 2 or the minimum depth of street front landscaping provided in Table 1.

5.   Districts With Intervening Secondary Street. When a secondary or local street, as shown on the thoroughfare plan, separates adjacent districts requiring a bufferyard, the required bufferyard shall be the greater of the required bufferyard set forth in Table 2 or the minimum depth of front yard landscaping provided in Table 1.

6.   Railroad Right-Of-Way. Any lot or site which is adjacent to an active railroad right-of-way shall be exempt from any bufferyard requirement along the common property line with such right-of-way.

7.   Only one-half (1/2) of the required bufferyard needs to be provided if the bufferyard includes screening in accordance with Section 65A.6(11).

8.   Required Screening. Screening is required on all properties requiring a bufferyard when one or more of the following conditions in the more intensive zoning districts is directly visible from the boundary of the less intensive zoning district:

a)   Outdoor storage areas.

b)   Loading/unloading areas, refuse collection points and other service areas.

c)   Major machinery or areas housing a manufacturing process.

d)   Vehicular use areas.

e)   Sources of glare, noise or other environmental effects.

f)   On and above grade electrical and mechanical equipment, including but not limited to transformers, heat pumps and air conditioners.

g)   Satellite dishes.

h)   Other noxious uses as determined by the planning director.

9.   Screening shall be installed no closer to the less intensive district than one-half (1/2) the width of the required bufferyard.

10.   Screening shall not adversely affect surface water drainage.

11.   Material Standards For Screening. Any screening material required by this ordinance shall be an opaque barrier at least six (6) feet in height in all yards except the front yard which shall be between two and one-half (2 1/2) feet and three (3) feet in height. The design of the screen shall be such as to completely obscure the view of the noxious use from the neighboring property. The following are acceptable barriers:

a)   A solid wood and/or masonry fence or wall of a design approved by the community development director.

b)   A hedge or random, informal screen of conifer (evergreen) plant material attaining the required minimum height within three (3) years of planting. The initial height of plantings shall not be less than one-half (1/2) the required minimum height.

c)   A landscaped earth berm with a maximum slope of one(1) foot of rise per three (3) feet of run, rising no less than the required minimum height above the existing grade of the lot line separating the zoning districts.

d)   Any combination of these methods that achieves a cumulative height no less than the required minimum height.

65A.7. Landscaping Requirements fQrVehicularUseAreas.

1.   Interior Landscaping. Area.

a)   For vehicular use areas greater than four thousand (4,000) square feet but less than thirty thousand (30,000) square feet, an area equivalent to a minimum five (5) percent of the total vehicular use area shall be landscaped. The required landscaped area shall be located in the interior of the vehicular use area.

b)   For vehicular use areas greater than thirty thousand (30,000) square feet, an area equivalent to a minimum of seven (7) percent of the total vehicular use area shall be landscaped. The required landscaped area shall be located in the interior of the vehicular use area.

c)   Vehicular use areas less than four thousand (4,000) square shall be exempt from interior landscaping requirements.

d)   Interior landscaping may be provided in the comers of the parking area, islands and strip plantings.

2.   Parking shall be allowed in the front yard of properties conforming to the requirements of these landscape regulations. However, the minimum depth requirement of landscaping set forth in Section 65A.5 shall be strictly adhered to.

3.   There shall be sufficient barriers to protect all landscaped areas from vehicular damage.

4.   The vehicular use area must terminate at least five (5) feet from any exterior building wall. Exceptions may be made where it is necessary to cross the nonvehicular use area to gain access to the buildings and for drive-up facilities, such as banks and restaurants.

5.   Reserved.

6.   If any vehicular use area, other than a driveway, is located within the required front yard, screening shall be provided between said vehicular use area and the front property line.

7.   Landscaping sufficient to achieve the stated intent of these regulations shall be required for covered and underground parking structures as determined by the community development director.

65A.8. Changes to Approved Landscape Plan. The landscaping shall be installed and maintained according to the approved landscape plan except where authorized changes are permitted. The approved landscape plan and supporting data shall be binding on the applicants, their successors, grantees and assigns:

1.   Major Changes. A change in the approved site development plan or landscape plan which alters the landscape requirements or the concept or intent of the landscape design, including but not limited to a change in the vehicle use area, type of screening and general location, size or type of landscape materials, shall be approved only by submissi'l9n of a new site plan in accordance with the procedures previously set forth for the approval of site development plans.

2.   Minor Changes. The zoning inspector or designate may approve minor changes in the site development plan which do not change the concept or intent of the development.

3.   Approved Plans Superseded by Approved Revised Plans. All approved landscape plans superseded by an approved revised landscape plan shall be considered to be null and void at the time of approval of the revised plan.