The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Egress means an exit.

Ingress means an entry.

Major arterials means, for the city, major arterials are defined as all U.S. Highways, interstate interchanges, and state highway routes.

Parking island means an area between parking spaces, planted with trees, shrubs, bushes, grass or flowers.

(Prior Code, app. D, art. 7(7.1); Ord. of 12-21-1998)

This article shall be known as the "Development Standards for Limited and General Commercial Districts."

(Prior Code, app. D, art. 7(7.2); Ord. of 12-21-1998)

These regulations are enacted pursuant to the authority contained in the state constitution, as amended for the following purposes:

(1)

To encourage economically sound and stable land development.

(2)

To assure the provision of required streets, utilities, facilities and services to land development.

(3)

To assure the adequate provisions of safe and convenient traffic access and circulation, both vehicular and pedestrian, in land development.

(4)

To assure the provision of needed services, facilities, and commercial developments by conformity with the development standards set forth in this document.

(5)

To assure developments are in conformity with the rural character and setting of the city.

(Prior Code, app. D, art. 7(7.3); Ord. of 12-21-1998)

This article shall govern all commercial developments within the corporate limits of the city.

(Prior Code, app. D, art. 7(7.4); Ord. of 12-21-1998)

The governing body of the city shall not accept, layout, open, improve, grade, pave, or light any street, or lay any utility lines in any street, which has not attained the status of a public street prior to the effective date of the ordinance from which this article is derived, unless such street corresponds to the street location shown on an approved sketch plan.

(Prior Code, app. D, art. 7(7.5); Ord. of 12-21-1998)

(a)

Building permit. A building permit, to indicate and ensure compliance with all provisions of this article, shall be issued before any improvements, grading of lands, alteration or construction for any proposed use of lands or buildings.

(b)

Development permit. A development permit shall be required for all commercial development involving new development. Development permits shall not be in lieu of building permits required for any structures within such developments.

(c)

Application. All applications for development permits shall be made to the city clerk for submission to the zoning board for approval. The application for development permits shall be accompanied by two copies of a dimensional sketch plan.

(d)

Sketch plan requirements. The required sketch plan shall include the following information:

(1)

Name. Name of the proposed development. Names, address, and phone numbers of the owner and the designer of the site plan and his seal.

(2)

Date. Date, north arrow, and graphic scale.

(3)

Survey boundaries. Surveyed boundaries of the entire tract and its relationship to adjoining properties, public rights-of-way and easements.

(4)

Location map. A general location map at a scale sufficient to indicate existing zoning on and adjacent to the site, adjoining roads and the adjacent areas, but at a scale no smaller than one inch equals 1,000 feet, are required.

(5)

Building locations and orientation to public street. Location and orientation of all proposed buildings, their shape, size and setback in appropriate scale.

(6)

Parking and loading. All required parking and loading facilities.

(7)

Rights-of-way. Show the location, length and width and the name or purpose of all rights-of-way of streets, roads, alleys, railroads, public crosswalks, and applicable easements.

(8)

Buffers. Show the location and design of the proposed buffer and landscaping for the proposed development.

(9)

Environmentally sensitive areas. Location of water supply watersheds, groundwater recharge areas, wetlands, the boundary and elevation of the 100-year floodplain as determined by the flood insurance rate map.

(10)

Proposed improvements. The names, where appropriate, locations and dimensions of proposed streets, alleys, sidewalks, easements, buildings, parking, loading, dumpsters, open spaces, recreation areas and facilities.

a.

Duration of permit validity. The permit shall become invalid if the work authorized by the permit is suspended or abandoned for a period of six months. To resume work, an application for development permit shall be resubmitted to the city clerk for approval by the planning commission.

b.

Planning commission analysis. Each commercial development shall have an analysis based on the following:

1.

Whether the commercial development proposal will permit a use that is suitable in view of the use and development of adjacent and nearby properties.

2.

Whether the commercial development would adversely impact environmentally sensitive areas.

3.

Whether the commercial development is pedestrian friendly and causes no excessive or burdensome use of existing streets, transportation facilities or utilities.

4.

Whether the rural character of the city is maintained through appearance standards.

5.

Whether the intensity of the commercial development will adversely impact the city.

(Prior Code, app. D, art. 7(7.6); Ord. of 12-21-1998)

(a)

Egress or ingress from major arterial. There shall not be an egress from a major arterial closer than every one-half-mile from the last egress. Entrance into the commercial development shall not be the same as the exit from the major arterial. Secondary street shall be constructed by developer to provide entrance into the commercial area. Streets shall be constructed to the county specifications and dedicated to the city as a public street as stated in section 32-117.

(b)

Egress or ingress from collector and local streets. Entrance into commercial development from collector and local streets may be directly into the parking and loading area for the commercial development.

(c)

Parking and loading design. All parking lots and loading areas for commercial development shall be located in the rear or to the side of the structure. Parking areas for development shall be constructed to provide space for loading requirements and bicycle racks. In a parking lot with over ten spaces, landscaped parking islands are required to preserve aesthetic value of the area. In parking lots with more than ten spaces there shall be 360 square feet (four feet by 90 feet of island) of vegetated parking island per 180 square feet (nine feet by 20 feet space) of parking space.

(d)

Orientation of structures. Any commercial tract which has frontage on a major arterial shall orient any structures associated with the development so as to ensure parking and loading areas are not visible from the thoroughfare.

(e)

Landscaping and buffers. All commercial development shall landscape front sides and rear with flowers, trees, shrubs and bushes of their choice provided no landscape vegetation blocks the view of a street, highway or sign. Buffers shall adhere to the requirements of article IV of this chapter regarding commercial development.

(f)

Signs. Commercial development which has frontage on a major arterial, collector or local street shall not erect a sign above the height requirement for the district in which it is located. Shared signs shall be allowed between egresses on major arterials. Additional commercial development shall compensate original developer for a share of cost for sign.

(Prior Code, app. D, art. 7(7.7); Ord. of 12-21-1998)

(a)

Limited commercial development. All development in limited commercial districts shall be in accordance with general commercial districts as stated in section 32-119.

(b)

New development. Commercial development which is located in a primarily residential district or adjacent to a residential district shall design any new development in similar size, scale, height and appearance as the residential area.

(c)

Existing residences converted to commercial uses. Any existing residences which are converted to commercial uses shall maintain residential appearance and shall locate all parking and loading areas in a location not visible from collector or local street system.

(Prior Code, app. D, art. 7(7.8); Ord. of 12-21-1998)