1129.02 PERMITTED USES.
(a) Buildings and Uses to Conform. Building and land in the Class U-8 District shall be used and buildings shall be designed, altered, moved or intended only for the uses specifically designated as Class U-8 uses in Section 1111.02, except that other similar, harmonious and compatible uses may be permitted, provided the Commission determines and Council confirms that they conform to the above statement of intent and are similar as to their effect upon surrounding uses, and with regard to hours of operation and amount of traffic generated. The Commission and Council may attach such conditions, stipulations, or requirements to the approval of such similar uses as deemed necessary to insure their compatibility, mitigate potential impacts, and otherwise carry out the spirit and intent of this Code.
(b) Accessory Uses. Accessory uses customarily incident to the main uses listed in Section 1111.02 shall be permitted, provided that such uses are planned and developed in conjunction with the main building. Such accessory uses may include:
(1) Lunchrooms.
(2) Parking garages, off-street parking lots, and loading areas.
(3) Wireless telecommunications facilities subject to the following provisions:
A. Wireless telecommunications facilities shall only be permitted as an accessory use provided such facilities are located on the roof of the building containing the principal permitted use. Antennas may be mounted on the walls of a penthouse, except where the exterior wall of the penthouse is flush with the exterior wall of the building. Antennas, other than dipole or omni-directional antennas, which are mounted on a penthouse shall not extend above the penthouse and shall be screened with panels or other screening devices designed to match appearance of the penthouse wall and reduce visibility.
B. Wireless telecommunications antennas, including dipole antennas over two inches (2") in diameter, and support structures mounted directly on the roof shall not extend higher than twenty feet (20') above the roof and shall be setback from the parapet or roof edge a minimum of one foot (1') for each one foot (1') in elevation above the top of the parapet. Dipole antennas which are two inches (2") or less in diameter may be attached to the rear (inside) of the parapet wall provided such antennas do not extend more than three feet (3') above the top of said parapet wall. All such antennas shall be colored to minimize visibility.
C. Roof mounted wireless telecommunications facilities shall be designed to withstand wind loads of ninety (90) miles per hour.
D. Where wireless telecommunications facilities already exist, the applicant shall provide assurances that the proposed facilities will not interfere with the reception or transmission of signals by the existing equipment.
E. Equipment cabinets, switching equipment, cables, and other devices associated with wireless telecommunications facilities which are located on roofs shall be screened from view from the public right-of-way.
F. A building permit shall be required for the installation of each wireless communications facility. The building permit fee for wireless communications facilities shall be as set forth in Section 1329.03.
G. The Building Commissioner may, where it is determined that proposed wireless telecommunications facilities comply with all of the criteria set forth herein, issue a permit for the installation of such facilities without referral to the Commission, otherwise applications for wireless telecommunications facilities shall be referred to the Commission for consideration.
(4) Maintenance of fleet vehicles provided that:
A. Vehicle repair and maintenance shall be limited to minor repair services such as tune-ups, oil filter changes, tire changes, brake service, and vehicle inspections.
B. Repair and maintenance operations shall be restricted to fleet vehicles owned by the occupant or tenant only and no repair work shall be performed on vehicles belonging to any entity or individual other than the occupant or tenant.
C. All repair and maintenance work shall be performed solely and entirely within an enclosed building.
D. No major repair work, such as engine or transmission overhauls, and no bodywork or painting shall be performed.
(5) Car washes provided that no washing or detailing services are conducted outside of the building.
(c) Special Redevelopment Overlay Uses. On parcels or land where the buildings existing on the effective date of this chapter are removed or demolished, and where the property owner redevelops the site with new facilities under the provisions of Section 1129.04, such redevelopment may include retail stores as part of a mixed-use development, provided, however, that such retail uses shall not exceed fifty percent (50%) of the gross floor area of the development.
(Ord. 2018-94. Passed 10-21-19.)