B-3 GENERAL BUSINESS DISTRICTS
The B-3 General Business Districts are designed to provide sites for more intense types of businesses that would often be incompatible with the more restricted and more pedestrian-oriented local business districts or the greater size and diversity of the planned community business districts.
(Ord. No. 802, § 1, 12-14-2020)
In a B-3 General Business District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this chapter:
(1)
Any retail business or service establishment permitted in B-2 districts as principal uses permitted and uses permitted subject to special land use approval.
(2)
Automatic motor vehicle wash facility when completely enclosed in a building.
(3)
Manually operated motor vehicle wash stall facilities.
(4)
Bus passenger stations.
(5)
Sit-down restaurant as defined in this chapter.
(6)
Fast food sit-down restaurant as defined in this chapter.
(7)
Other uses similar to the above uses.
(8)
Accessory structures and uses customarily incident to the above permitted uses.
(Ord. No. 802, § 1, 12-14-2020)
The following uses shall be permitted subject to the conditions hereinafter imposed for each use and subject further to review by the planning commission at a duly advertised public hearing:
(1)
Gasoline service station with or without a retail adjunct, for the sale of gasoline, oil, and minor accessories only and for the renting of vehicles and trailers, provided all such rentals are stored in the rear yard or in an interior side yard only, and subject further to the limitations of use and requirements set forth in Article XII, in this chapter.
(2)
The sale or leasing of new and/or used automobiles, trucks, house trailers, or rental of trailers and/or automobiles, all subject to the following requirements:
a.
The lot or area shall be provided with an asphalt or concrete surface, and shall be graded and drained so as to dispose of all surface water accumulated within the area in a manner approved by the city.
b.
Motor vehicle ingress and egress to and from the facility shall be at least 60 feet from the intersection of any two streets.
c.
Adequate area shall be provided and reserved for customer parking as required in Article XXVI in this chapter and shall be in addition to any spaces for the display or storage of new or used motor vehicles.
d.
All exterior site lighting shall comply with the requirements of Article XXIX, in this chapter.
e.
The landscaping requirements applicable to a motor vehicle sales establishment as set forth in Article XXVII in this chapter shall be complied with.
f.
When located next to a residential zoning district the property will be screened in a manner set forth and regulated in Article XXVII in this chapter.
(3)
Motel or motor hotel, subject to the following conditions:
a.
Access shall be provided so as not to conflict with the adjacent business uses or adversely affect traffic flow on a major thoroughfare.
b.
Each unit shall contain not less than 250 square feet of floor area.
c.
No guest shall establish permanent residence at a motel for more than 30 days within any calendar year.
(4)
Business in the character of an open front store, subject to the following conditions:
a.
A setback of at least 60 feet from the right-of-way line of any existing or proposed street shall be maintained.
b.
Access points shall be located at least 60 feet from the intersection of any two streets.
c.
All exterior site lighting shall comply with the applicable requirements of Article XXIX, in this chapter.
d.
A screening device shall be provided as set forth and regulated in Article XXVII in this chapter along any property line that abuts a residential district.
(5)
Fast food restaurants as defined in this chapter, provided the following conditions are met:
a.
When a public address system will be used to take orders from an outdoor menu board or display from drive-through customers the drive-through lane and the menu board display must be located in the nonrequired front yard when the use abuts a residential district or an office service district. In the event the narrowness of the site prevents the location of the menu display board in the nonrequired front yard, it may be placed in the nonrequired side yard that is farthest from a residential district or office service district.
b.
Any drive-through lane shall be separate from a service drive, loading and unloading area, or vehicle maneuvering lane.
c.
Seasonal outdoor eating facilities may be provided for any restaurant subject to the applicable requirements of Article XV, in this chapter pertaining to an outdoor eating facility on private property or the applicable requirements of Article XV, in this chapter pertaining to an outdoor eating facility within a public right-of-way.
(6)
Office of a veterinarian, subject to the requirements set forth in Article XII, in this chapter.
(7)
Plant materials nursery for the retail sale of plant materials, and sales of lawn furniture, playground equipment and garden supplies subject to the following conditions:
a.
The storage and/or display of any materials and/or products shall meet all setback requirements of a structure.
b.
All loading and parking shall be provided off-street.
c.
The storage of any soil, fertilizer, or other loose, unpacked materials shall be contained so as to prevent any effects on adjacent uses.
(8)
Commercial outdoor recreational and sport uses, including golf driving ranges, miniature golf and its variations, archery ranges, court games, vehicle tracks and courses, including remote control miniature boats, aircraft or vehicles, and similar uses excluding firearm ranges, subject to the following conditions:
a.
There shall be no adverse off-site impacts, including those of sound, smoke, odor, dust, radio waves and similar sensory effects. Adequate fencing and screening shall be provided so that any driven or batted balls or airborne objects shall be contained on site within a designated area.
b.
All lighting shall be shielded from adjacent residential areas and public rights-of-way, and there shall be no direct off-site glare.
c.
The compatibility of the hours of operation with adjacent uses shall be considered.
d.
Adequate off-street parking designed to accommodate peak use, as estimated by the planning commission, shall be provided.
e.
The erection and permanent year-round maintenance in sound condition, good repair, and visibly attractive condition of all screens, fences, equipment, storage buildings and lighting shall be provided.
f.
The planning commission may impose limits on signs.
g.
All food and beverage concessions and sales shall be clearly accessory to the principal use.
(9)
Indoor self-storage facility, subject to the following requirements:
a.
All access to the facility will be from a major thoroughfare as designated on the city's master plan map, as amended.
b.
Except as otherwise permitted in this subsection access to all storage spaces shall be from the interior of the building only, there being no direct outside access to any such storage space permitted.
c.
When placed in conjunction with any loading and unloading area at the rear of the building direct outside access to storage spaces may be permitted along the rear wall of the building and along the rear half of the side walls of the building provided the sidewalks do not front a street right-of-way or a residential zoning district.
d.
An office area and a manager's or security person's living quarters may be provided in the storage building or in a separate building on the property. Any such living quarters shall meet the minimum applicable floor area requirements of this chapter for a multiple-family dwelling. An attached or detached private garage may be provided in conjunction with the living quarters for the sole use of its occupant(s). If so provided the garage shall not be made available for customer storage.
e.
Except for trash receptacles no outdoor storage of any kind shall be permitted either as the principal use or as a use accessory to the principal use.
(10)
Pet day care, pet grooming or other pet service establishments, with no boarding or overnight stay, subject to the conditions set forth in Article XII of this chapter.
(11)
To encourage and provide for land use diversity and to promote the economic vitality of the central business district, residential occupancy shall be permitted in buildings of two stories in height or greater. In buildings used for the mixing of business and residential occupancy the following conditions shall apply:
a.
No dwelling unit shall occupy any portion of the floor area of the building at grade level.
b.
Business uses may occupy any number of total floors in the building, but no business shall be located on the same floor as a residential use.
c.
No floor in the building may be used for business purposes that is located above a floor used for residential purposes.
d.
No dwelling unit shall have more than two bedrooms.
e.
Each dwelling unit shall comply with the minimum applicable floor area requirements set forth in Article XXIV, Schedule of Regulations, in this chapter.
f.
Off-street parking shall be provided for each dwelling unit in accordance with the applicable requirements of Article XXVI in this chapter unless otherwise excused.
(Ord. No. 802, § 1, 12-14-2020)
The following conditions where applicable shall apply to all uses permitted in the district:
(1)
All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.
(2)
No business, servicing, or processing, except for off-street parking, loading, and those open-air uses indicated as being subject to special land use approval in this article, shall be conducted except within completely enclosed buildings.
(3)
No accessory building shall be permitted except in conjunction with a principal building on the property.
(4)
Consult Article XXIV, Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of lot by permitted land use, and providing minimum yard setback requirements.
(5)
Consult Article XXVI, Off-Street Parking Requirements, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district.
(6)
Consult Article XXVII, Screening and Landscaping Requirements, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district.
(7)
Consult Article XXVIII, Site Plan Review, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district.
(8)
Consult Article XXIX, General Provisions, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district.
(9)
Consult Article XXXIII, General Exceptions, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district.
(Ord. No. 802, § 1, 12-14-2020)
B-3 GENERAL BUSINESS DISTRICTS
The B-3 General Business Districts are designed to provide sites for more intense types of businesses that would often be incompatible with the more restricted and more pedestrian-oriented local business districts or the greater size and diversity of the planned community business districts.
(Ord. No. 802, § 1, 12-14-2020)
In a B-3 General Business District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this chapter:
(1)
Any retail business or service establishment permitted in B-2 districts as principal uses permitted and uses permitted subject to special land use approval.
(2)
Automatic motor vehicle wash facility when completely enclosed in a building.
(3)
Manually operated motor vehicle wash stall facilities.
(4)
Bus passenger stations.
(5)
Sit-down restaurant as defined in this chapter.
(6)
Fast food sit-down restaurant as defined in this chapter.
(7)
Other uses similar to the above uses.
(8)
Accessory structures and uses customarily incident to the above permitted uses.
(Ord. No. 802, § 1, 12-14-2020)
The following uses shall be permitted subject to the conditions hereinafter imposed for each use and subject further to review by the planning commission at a duly advertised public hearing:
(1)
Gasoline service station with or without a retail adjunct, for the sale of gasoline, oil, and minor accessories only and for the renting of vehicles and trailers, provided all such rentals are stored in the rear yard or in an interior side yard only, and subject further to the limitations of use and requirements set forth in Article XII, in this chapter.
(2)
The sale or leasing of new and/or used automobiles, trucks, house trailers, or rental of trailers and/or automobiles, all subject to the following requirements:
a.
The lot or area shall be provided with an asphalt or concrete surface, and shall be graded and drained so as to dispose of all surface water accumulated within the area in a manner approved by the city.
b.
Motor vehicle ingress and egress to and from the facility shall be at least 60 feet from the intersection of any two streets.
c.
Adequate area shall be provided and reserved for customer parking as required in Article XXVI in this chapter and shall be in addition to any spaces for the display or storage of new or used motor vehicles.
d.
All exterior site lighting shall comply with the requirements of Article XXIX, in this chapter.
e.
The landscaping requirements applicable to a motor vehicle sales establishment as set forth in Article XXVII in this chapter shall be complied with.
f.
When located next to a residential zoning district the property will be screened in a manner set forth and regulated in Article XXVII in this chapter.
(3)
Motel or motor hotel, subject to the following conditions:
a.
Access shall be provided so as not to conflict with the adjacent business uses or adversely affect traffic flow on a major thoroughfare.
b.
Each unit shall contain not less than 250 square feet of floor area.
c.
No guest shall establish permanent residence at a motel for more than 30 days within any calendar year.
(4)
Business in the character of an open front store, subject to the following conditions:
a.
A setback of at least 60 feet from the right-of-way line of any existing or proposed street shall be maintained.
b.
Access points shall be located at least 60 feet from the intersection of any two streets.
c.
All exterior site lighting shall comply with the applicable requirements of Article XXIX, in this chapter.
d.
A screening device shall be provided as set forth and regulated in Article XXVII in this chapter along any property line that abuts a residential district.
(5)
Fast food restaurants as defined in this chapter, provided the following conditions are met:
a.
When a public address system will be used to take orders from an outdoor menu board or display from drive-through customers the drive-through lane and the menu board display must be located in the nonrequired front yard when the use abuts a residential district or an office service district. In the event the narrowness of the site prevents the location of the menu display board in the nonrequired front yard, it may be placed in the nonrequired side yard that is farthest from a residential district or office service district.
b.
Any drive-through lane shall be separate from a service drive, loading and unloading area, or vehicle maneuvering lane.
c.
Seasonal outdoor eating facilities may be provided for any restaurant subject to the applicable requirements of Article XV, in this chapter pertaining to an outdoor eating facility on private property or the applicable requirements of Article XV, in this chapter pertaining to an outdoor eating facility within a public right-of-way.
(6)
Office of a veterinarian, subject to the requirements set forth in Article XII, in this chapter.
(7)
Plant materials nursery for the retail sale of plant materials, and sales of lawn furniture, playground equipment and garden supplies subject to the following conditions:
a.
The storage and/or display of any materials and/or products shall meet all setback requirements of a structure.
b.
All loading and parking shall be provided off-street.
c.
The storage of any soil, fertilizer, or other loose, unpacked materials shall be contained so as to prevent any effects on adjacent uses.
(8)
Commercial outdoor recreational and sport uses, including golf driving ranges, miniature golf and its variations, archery ranges, court games, vehicle tracks and courses, including remote control miniature boats, aircraft or vehicles, and similar uses excluding firearm ranges, subject to the following conditions:
a.
There shall be no adverse off-site impacts, including those of sound, smoke, odor, dust, radio waves and similar sensory effects. Adequate fencing and screening shall be provided so that any driven or batted balls or airborne objects shall be contained on site within a designated area.
b.
All lighting shall be shielded from adjacent residential areas and public rights-of-way, and there shall be no direct off-site glare.
c.
The compatibility of the hours of operation with adjacent uses shall be considered.
d.
Adequate off-street parking designed to accommodate peak use, as estimated by the planning commission, shall be provided.
e.
The erection and permanent year-round maintenance in sound condition, good repair, and visibly attractive condition of all screens, fences, equipment, storage buildings and lighting shall be provided.
f.
The planning commission may impose limits on signs.
g.
All food and beverage concessions and sales shall be clearly accessory to the principal use.
(9)
Indoor self-storage facility, subject to the following requirements:
a.
All access to the facility will be from a major thoroughfare as designated on the city's master plan map, as amended.
b.
Except as otherwise permitted in this subsection access to all storage spaces shall be from the interior of the building only, there being no direct outside access to any such storage space permitted.
c.
When placed in conjunction with any loading and unloading area at the rear of the building direct outside access to storage spaces may be permitted along the rear wall of the building and along the rear half of the side walls of the building provided the sidewalks do not front a street right-of-way or a residential zoning district.
d.
An office area and a manager's or security person's living quarters may be provided in the storage building or in a separate building on the property. Any such living quarters shall meet the minimum applicable floor area requirements of this chapter for a multiple-family dwelling. An attached or detached private garage may be provided in conjunction with the living quarters for the sole use of its occupant(s). If so provided the garage shall not be made available for customer storage.
e.
Except for trash receptacles no outdoor storage of any kind shall be permitted either as the principal use or as a use accessory to the principal use.
(10)
Pet day care, pet grooming or other pet service establishments, with no boarding or overnight stay, subject to the conditions set forth in Article XII of this chapter.
(11)
To encourage and provide for land use diversity and to promote the economic vitality of the central business district, residential occupancy shall be permitted in buildings of two stories in height or greater. In buildings used for the mixing of business and residential occupancy the following conditions shall apply:
a.
No dwelling unit shall occupy any portion of the floor area of the building at grade level.
b.
Business uses may occupy any number of total floors in the building, but no business shall be located on the same floor as a residential use.
c.
No floor in the building may be used for business purposes that is located above a floor used for residential purposes.
d.
No dwelling unit shall have more than two bedrooms.
e.
Each dwelling unit shall comply with the minimum applicable floor area requirements set forth in Article XXIV, Schedule of Regulations, in this chapter.
f.
Off-street parking shall be provided for each dwelling unit in accordance with the applicable requirements of Article XXVI in this chapter unless otherwise excused.
(Ord. No. 802, § 1, 12-14-2020)
The following conditions where applicable shall apply to all uses permitted in the district:
(1)
All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.
(2)
No business, servicing, or processing, except for off-street parking, loading, and those open-air uses indicated as being subject to special land use approval in this article, shall be conducted except within completely enclosed buildings.
(3)
No accessory building shall be permitted except in conjunction with a principal building on the property.
(4)
Consult Article XXIV, Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of lot by permitted land use, and providing minimum yard setback requirements.
(5)
Consult Article XXVI, Off-Street Parking Requirements, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district.
(6)
Consult Article XXVII, Screening and Landscaping Requirements, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district.
(7)
Consult Article XXVIII, Site Plan Review, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district.
(8)
Consult Article XXIX, General Provisions, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district.
(9)
Consult Article XXXIII, General Exceptions, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district.
(Ord. No. 802, § 1, 12-14-2020)