Warr Acres City Zoning Code

The C-2 (restricted commercial) district is intended to provide a place for those office and institutional activities requiring separate buildings or building groups, and whose employees and clientele are of a larger number and do not necessarily live within the community. Land, space and aesthetic requirements of these uses make desirable a location adjacent to retail commercial activities. (Ord. 832 §1, 1997)

Planning commission approval is not required for permitted uses unless the city inspector deems the circumstances of the application to be of a nature that would cause concern or be of special interest to the community. The city inspector may, at his discretion, add such application to the planning commission agenda for discussion. Property and buildings shall be used only for the following purposes:

Accessory buildings, structures and uses customarily incidental to the uses listed in this section when located on the same lot are subject to the following conditions:

A.   No accessory building shall be constructed upon a lot until the construction of the main building has actually commenced.

B.   All accessory buildings shall be limited to occupancy and use by occupants of the main building.

C.   No accessory building shall be located across lot lines separating two (2) or more dwellings or buildings regardless of ownership or tenancy status of the lots.

D.   Access to the accessory building shall be limited to the lot it occupies.

E.   Building material of accessory buildings shall conform to the current building standards of the city, provided that corrugated or unpainted galvanized building materials shall not be permitted.

If a new and/or replacement accessory building or structure is to be used in a home occupation, type B, the applicant must meet all of the requirements set forth for home occupation, type B conditions in section 19.32.030 of this chapter.

Accessory sign. Subject to the requirements set forth in title 15 of this code.

Any of the following educational or cultural uses:

Art gallery.

Assembly hall for nonprofit corporation.

Business college or school for vocational training.

Library.

Museum.

Public or private school or college without dormitory facilities.

School for instruction in dance.

Carports. Permitted in the rear yard subject to existing easements.

Clinic, outpatient.

Convalescent, rest or nursing home/extended care facility or sanatorium.

Funeral home.

Off street parking lot. Subject to the requirements set forth in chapter 19.44 of this title.

Office building and related professional, administrative, corporate, financial and service office uses, providing no activity is carried on which caters to retail or wholesale trade with the general public, and no stock of goods is maintained for sale, rent, lease or delivery to customers, except as provided for in this chapter.

Recreational uses conducted within an enclosed building, such as a tennis court, gymnasium, or health club facility.

Shops and stores, incidental to the uses permitted in this chapter subject to the following conditions:

A.   Products sold shall be incidental to the principal permitted activity.

B.   The retail area shall:

   1.   Be contained within the office building.

   2.   Be oriented to the interior of the building.

   3.   Not exceed twenty percent (20%) of the gross floor area of the total structure.

C.   There shall be no display windows visible from a public street or adjoining property.

D.   Beauty and barber shops, employees' cafeterias or snack bars, pharmacies or opticians' offices, and newsstands or tobacco shops shall be permitted even though they may provide more than incidental services, provided the requirements listed above are met. (Ord. 1007 §7, 2005: Ord. 986 §7, 2003: Ord. 968 §1, 2002: Ord. 832 §1, 1997)

Planning commission review and recommendation is required. The public hearing requirements for uses subject to review are set forth in chapter 19.54 of this title. All area requirements of this district must be met:

Church, synagogue, mosque or temple. Includes the main building and all other structures comprising the complex including, but not limited to, parish hall, education building, parking, accessory structures, recreation area and open space, and minister's residence when a part of the complex, subject to the following condition:

A.   A minimum lot area of three (3) acres.

Daycare center. Subject to the following conditions:

A.   Shall meet city-county and state requirements including, but not limited to, safety, design, facilities, and equipment.

B.   Shall meet the requirements set forth in title 5 of this code.

Home occupation, type B conditions. Applications are subject to the following review standard and considerations in addition to the general definition of home occupation, including one or more of the following activities or modifications to the property:

A.   Client visitors allowed, subject to restrictions established in the review process.

B.   Activity in other than the main house, e.g., garage, yard or accessory building or structure.

C.   Any use of electrical or mechanical equipment in the home occupation activity.

D.   Any structural alteration, including a separate entrance.

E.   Any expansion of the existing driveway.

F.   "Daycare home" as defined by the zoning ordinance.

G.   Hours of activity.

H.   Number of clients present at the same time.

I.   Vehicle parking requirements, including a company car, trailer or truck.

J.   Potential for noise and neighborhood disruption with numbers of client vehicles.

K.   Effect on area by any proposed structural or property alteration.

L.   The applicant shall meet the license requirements set forth in title 5 of this code.

Residential uses associated with and maintained primarily for the benefit and use of occupants and families of the uses listed under single-family dwellings, two- to four-family dwellings, etc., of this section.

Single-family dwellings, two- to four-family dwellings and townhouses or apartments, when planned and developed as a part of a combined business-residential complex and submitted as a unit. (Ord. 1007 §7, 2005: Ord. 986 §7, 2003: Ord. 968 §1, 2002: Ord. 832 §1, 1997)

All buildings or structures shall be set back from street rights of way and property lines as follows:

A.   Front Setback: The minimum depth shall be twenty five feet (25').

B.   Side Setback: Where a side yard is adjacent to a residential district, no building shall be located closer than thirty feet (30') to the adjacent dwelling and no closer than fifteen feet (15') to the side lot line.

C.   Rear Setback: No building shall be located closer than thirty five feet (35') to the rear lot line. (Ord. 832 §1, 1997)

Main and accessory buildings or structures shall not cover more than thirty five percent (35%) of the lot area. The total gross floor area of all structures shall not exceed the area of the lot. (Ord. 832 §1, 1997)

Whenever any commercial district, parking lot or parking area is established so as to adjoin the side or rear line of a lot in a residential district, sightproof screening, not less than six feet (6') in height, shall be constructed and maintained in good condition along the side or rear lot line up to, but not beyond, the adjoining residential building setback line; except, where the front yard is used for off street parking, then the provisions of chapter 19.44 of this title shall apply. In addition, the lighting shall be arranged so that no annoying glare is directed or reflected toward residential property. (Ord. 968 §1, 2002: Ord. 832 §1, 1997)

At least five percent (5%) of the land area shall be devoted to landscaping in accordance with the requirements set forth in chapter 19.40 of this title. (Ord. 832 §1, 1997)

No building or structure shall exceed thirty five feet (35') in height. (Ord. 832 §1, 1997)

An existing residential building located within the C-2 district may be converted for a permitted use provided the following conditions are met:

A.   Conformance with yard, coverage, landscaping, and setback requirements.

B.   Parking, loading and access facilities shall be installed subject to the requirements set forth in chapter 19.44 of this title.

C.   The main building and all accessory buildings and structures shall be brought into full compliance with all applicable codes and ordinances of the city prior to occupancy.

D.   A building permit is required. (Ord. 968 §1, 2002: Ord. 832 §1, 1997)

!!! Facility for drug or alcohol rehabilitation. (Ord. 986 §8, 2003)

A.   The applicant shall submit to the city inspector's office the required number of copies of all documents and application forms and fees that meet the permitting requirements before they can be reviewed by the city staff or the planning commission. Absent the required copies, the application shall be deemed to be incomplete. If an application for a permitted use is incomplete, review by the city inspector will be delayed until the required documentation has been submitted. If an application for a use subject to review is incomplete, it will not be placed on the agenda of the planning commission until the required documentation has been submitted. The city inspector shall distribute the documents as applicable. The city is not responsible for making said copies on behalf of the applicant.

B.   The following table sets forth the permitting responsibilities and requirements for permitted uses and uses subject to review within the C-2 (restricted commercial) zoning district. The table indicates which members of the city staff or the planning commission are to review each type of permit application. A blank space in the table indicates that the application does not require that item to be submitted.

 

(Ord. 1007 §7, 2005)