The purpose of the Regional Commerce District is to provide areas for a wide range of employment opportunities and the efficient development of commercial and/or industrial uses that desire locations offering direct access to major arterial roadways. Proposed uses in the RC District shall demonstrate a development pattern consistent with the land use, density, transportation and community facilities objectives of the city.

(2003 Code, § 153.335) (Ord. 3459, § 24.01, passed 3-7-2002)

   Prior to the issuance of a zoning certificate in the Regional Commerce District, the applicant shall submit a development plan for the area. The development plan is a detailed site plan that contains, at a minimum, building outlines, setbacks, building heights, parking and loading, traffic circulation and “stacking” mechanisms, waste handling, landscaping and buffering, signage and graphics, and lighting. In addition, the development plan shall include a detailed description of the uses that are proposed on the site.

(2003 Code, § 153.336) (Ord. 3459, § 24.02, passed 3-7-2002) Penalty, see § 153.999

   Land and buildings within the Regional Commerce District shall be used only for the specific use or uses as identified by the applicant in the development plan cited in § 153.336 above. The applicant shall show that the proposed use is appropriate to the site. Generally, permitted uses within the Planned Regional Commerce District shall demonstrate the ability to efficiently address large volumes of traffic in a manner coordinated with adjacent uses. Such permitted uses may include:

   (A)   General office activities, consisting of facilities where activities are conducted in an office setting and generally focus on business services;

   (B)   Personal services, consisting of firms providing personal services or entertainment to the general public, including restaurants, banks and/or savings and loans, credit unions, hotels or motels, medical and related offices and similar establishments;

   (C)   Warehousing and distribution, consisting of firms involved with the storage and/or movement of goods; and

   (D)   Industrial product sales or service, consisting of firms engaged in the sale, rent or lease of products intended for industrial or commercial users, or the repair and/or servicing of industrial or commercial machinery, equipment or products.

(2003 Code, § 153.337) (Ord. 3459, § 24.03, passed 3-7-2002)

   Conditional uses may be appropriate as permitted uses within the RC District, but require more detailed evaluation with respect to location, design, size, method and hours of operation, intensity of use, traffic generation and potential impact on surrounding uses. It is the responsibility of the Planning and Zoning Board to perform this evaluation and to attach such necessary conditions and/or safeguards. Conditional uses within the Planned Regional Commerce District include the following:

   (A)   Retail sales and service, consisting of firms involved with the sale, lease or rent of products or goods to the general public and/or providing on-site product repair or services for such goods;

   (B)   Manufacturing and production, consisting of firms involved in the manufacturing, processing, fabrication, packaging or assembly of goods;

   (C)   Vehicle sales and/or service, consisting of firms servicing automobiles, trucks and other commercial and/or consumer vehicles, including motorcycles, boats and/or recreational vehicles;

   (D)   Commercial recreational and assembly facilities serving a regional market;

   (E)   PCS, cellular telephone or similar tower facilities; and

   (F)   Similar business uses meeting the objectives and standards of the Regional Commerce District, as determined by the Planning and Zoning Board.

(2003 Code, § 153.338) (Ord. 3459, § 24.031, passed 3-7-2002) Penalty, see § 153.999

   (A)   Minimum lot area. Five acres, provided adequate space is allowed for building and parking setbacks, circulation and landscaping. In addition, all principal and subordinate uses and structures, including parking and paved areas, shall be located not less than 300 feet from any district where residences are a permitted use, and not less than 50 feet from any other zoning district.

   (B)   Minimum lot width. The site shall have continuous frontage on an arterial street of not less than 200 feet, plus adequate width to provide for yard spaces and parking areas. In addition, when abutting a residential zoning district, 100 feet for structures, 50 feet for paved areas, subject to the requirements of § 153.337.

   (C)   Side and rear yards. All structures shall be set back a minimum of 25 feet from property lines, provided the requirements of division (A) above are met.

   (D)   Front yard depth. Any new building must be located not less than 100 feet from the right-of-way of the road or highway on which the use has frontage. Parking areas and signs shall be located not less than 50 feet from the highway right-of-way

   (E)   Height. No structure shall exceed a height of 60 feet.

(2003 Code, § 153.339) (Ord. 3459, § 24.04, passed 3-7-2002) Penalty, see § 153.999

   No land or structure in the RC District shall be used or occupied in such a manner so as to create any dangerous, injurious or noxious impact on any land which is located in any other zoning district. Such impacts may result from noise, vibration, odor, smoke, dust or glare. Statements in writing that such uses comply or will comply with such uses may be required by the Planning and Zoning Board from the owner. In cases of doubt, the city shall have the authority to select and arrange for an independent survey by a professional engineer qualified in the particular field, and the costs for such service shall be paid by the applicant.

   (A)   Noise. The sound pressure level of any operation on a lot shall not exceed the average intensity of street traffic noise in the nearest residential districts, and no sound shall be objectionable due to intermittence, best frequency or shrillness.

   (B)   Vibration. No vibrations which are perceptible without the aid of instruments shall be permitted, as measured on the most proximate lot.

   (C)   Odor. No emission of odorous matter in any quantities so as to produce a public nuisance shall be permitted.

   (D)   Dust and smoke. The emission of smoke, soot, fly ash, fumes, dust or other types of pollutants borne by the wind shall be controlled so that the rate of emission and quantity deposited do not create a public nuisance, as measured on the most proximate lot within a nonindustrial district.

   (E)   Storm drainage and runoff. Excessive water runoff from the developed site shall be addressed in a manner that minimizes the impact of such runoff on adjacent property. Generally, it will be necessary to route such storm water to a watercourse, stream or existing storm system that has the capacity to accommodate the additional flow, or other acceptable on-site water retention methods.

   (F)   Trash and garbage control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view.

(2003 Code, § 153.340) (Ord. 3459, § 24.05, passed 3-7-2002) Penalty, see § 153.999

   In reviewing the development plan, the Planning and Zoning Board shall consider the following criteria:

   (A)   The proposed development is consistent with the purpose, intent and purposes of this subchapter;

   (B)   The proposed development is in conformity with appropriate comprehensive plans, or portions thereof, as may be adopted by the city;

   (C)   The proposed uses are appropriate to the site and setting; and

   (D)   The acceptability of setbacks, distances between buildings, yard space, traffic accessibility and other elements of the plan shall contribute to the orderly development of the city.

(2003 Code, § 153.341) (Ord. 3459, § 24.06, passed 3-7-2002) Penalty, see § 153.999

   After approval, minor modifications to the development plan may be made; however, such modification shall not change the essential character of the plan, as approved. If the Planning and Zoning Board determines that such proposed changes significantly alter the approved plan, then the plan must be resubmitted to the Board for formal approval. Development of land shall not proceed prior to final approval of the development plan. Any development undertaken without such final approval shall be in violation and subject to penalties as specified in § 153.999.

(2003 Code, § 153.342) (Ord. 3459, § 24.07, passed 3-7-2002)