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1131.02 PERMITTED USES.
Buildings and land in a Class U-9 District shall be designed, created, altered or intended only for the uses specifically designated as Class U-9 uses in Section 1111.02 and for the accessory uses set forth below 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, and/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.
(a) Accessory Uses.
(1) Off-street parking.
(2) Service stations may sell sundry items and snack food.
(3) Motel and hotel swimming pools and recreation facilities.
(4) Signs.
(5) Temporary special event sales held at a hotel provided that:
A. Such special event sales shall be conducted solely in the common areas and meeting facilities of the hotel;
B. No displays or sales associated with such special events shall take place in individual bedroom units; and
C. A special event sale permit is obtained from the Safety Director and Building Commissioner prior to the event.
(6) Industrial and/or retail trade shows or events held at a hotel which may include displays, presentations, and related activities provided that:
A. Such events shall be conducted solely in the common areas and meeting facilities of the hotel;
B. No displays, presentations, or other related activities shall take place in individual bedroom units; and
C. A special event permit is obtained from the Safety Director and Building Commissioner prior to the event.
(7) Charitable events with the approval of the Mayor.
(8) 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 the 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 set back 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 are proposed to be located on a building where such facilities already exist, the applicant shall provide assurances that the proposed facilities will not interfere with the receipt or transmission of signals by the existing facilities.
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.
(10) Automobile agencies with new and used vehicle sales and service may display vehicles for sale within the front setback in accordance with the following provisions:
A. Vehicles displayed within the front setback shall be placed on permanent vehicle display pads or structures designed and landscaped for that purpose and approved by the Commission.
B. The number of vehicles displayed within the front setback shall be as authorized and approved by the Commission, but in no case shall exceed a maximum of four (4) vehicles.
C. Vehicle display pads and/or structures shall be located not less than ten feet (10') from the street right-of-way line and the placement of vehicles shall not obstruct clear sight distance for motorists on the public right-of-way as determined by the Police Chief.
D. Displayed vehicles may be illuminated with permanent lighting as approved by the Building Commissioner provided such lighting is shielded from the public right-of-way and does not exceed a total of one hundred fifty (150) watts per vehicle display.
E. The maximum height of any vehicle display pad or structure shall not exceed three feet (3').
(Ord. 2018-94. Passed 10-21-19.)
1131.03 HEIGHT REGULATIONS.
Buildings in Class U-9 Districts shall have a height of not more than sixty feet (60'), exclusive of towers, cornices or similar features.
(Ord. 2018-94. Passed 10-21-19.)
1131.04 AREA REGULATIONS.
(a) Every lot occupied by a main building or use shall comply with the lot area, lot width, percentage of lot coverage by the building and the landscaped areas as follows:
Main Use | Min. Lot Area (in acres) | Min. Lot Width (in feet) |
Service station | 3/4 | 150 |
Hotel or motel, with or without eating, assembly, recreation | 3 | 200 |
Restaurant, if separate building | 1-1/2 | 200 |
Auto agencies (with used car sales permitted as an accessory) | 3 | 500 |
Banks | 0 | 100 |
Office buildings | 0 | 100 |
(b) Each lot shall have landscaped areas which shall be part of any lot which is not covered by buildings, accessory uses, drives and parking lots. The landscaped areas shall be developed and maintained as lawns, along with trees and shrubs, or maintained in a natural state.
(c) The lot area occupied by a motel or hotel shall not be less than set forth in the above schedule, or not less than 1,300 square feet for each lodging unit, whichever is greater. Each lodging unit shall be comprised of at least two hundred fifty (250) square feet of floor area and shall not contain more than two (2) sleeping rooms. Kitchen and/or cooking facilities are prohibited unless the Site Development Plan for the building demonstrates the location of such kitchens and/or cooking facilities, and the Commission accepts the proposed plan, specifically approving the size and location of the kitchen and cooking facilities as an accessory use, prior to the construction of the building. There shall be no kitchens or cooking facilities as an accessory use to any hotel or motel not designed and approved in accordance with these Codified Ordinances. (Ord. 2018-94. Passed 10-21-19.)
1131.05 YARD REGULATIONS.
(a) Front, side and rear yards shall be provided on every lot in a Class U-9 District in accordance with the following schedule:
Nonresidence | Front Yard (feet to right of way) | Side and Rear Yards | |
Adjacent to Residential District (in feet) | Adjacent to District (in feet) | ||
Service station building | 75 | 100 | 35 |
Service station pumps | 20 | 100 | 35 |
Motel, hotel, restaurant | 100 | 100 | 35 |
Parking | 35 | 30 | 10 |
Front Yard (in feet) | Side Yard (in feet) | Rear Yard (in feet) | |
Auto agencies (with used car sales) | 75 | 100 (adjacent to a residential district), otherwise two side yards shall be required, each equal to the height of building. | Where adjoining a residential district, the rear yards shall not be less than 100. In all other locations, the rear yard shall be not less than 25 or the height of the building, whichever is greater. |
Banks | 75 | 100 (adjacent to a residential district), otherwise two side yards shall be required, each equal to the height of the building. | Where adjoining a residential district, the rear yard shall not be less than 100. In all other locations, the rear yard shall be not less than 25 or the height of the building, whichever is greater. |
Office buildings | 75 | 100 (adjacent to a residential district), otherwise two side yards shall be required, each equal to the height of the building. | Where adjoining a residential district, the rear yard shall not be less than 100. In all other locations, the rear yard shall be not less than 25 or the height of the building, whichever is greater. |
(b) Any accessory parking or service area shall be physically separated from the street by a curb and planting strip or other suitable barrier to prohibit unchanneled motor vehicle access, except onto accessways as hereinafter set forth.
(c) Every required yard in which no off-street parking or loading spaces are permitted and any additional required landscaped open areas as required in Section 1131.04 shall be developed as lawn or planted areas or maintained in a natural state. The Commission shall require from each applicant for its approval a plan depicting the design of the installation of a fence, wall, hedge or other suitable screening or planting in order to create a buffer area where a residential district adjoins or abuts a rear or side yard of this classification.
(Ord. 2018-94. Passed 10-21-19.)
1131.06 OFF-STREET PARKING AND LOADING FACILITIES.
Off-street parking and loading facilities shall be provided in conformance with the provisions of Chapter 1144.
(Ord. 2018-94. Passed 10-21-19.)
1131.07 LANDSCAPING AND SCREENING.
(a) Whenever a U-9 District is located adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face residentially zoned property by an acceptably designed wall, fence, mound or planting screen. Such wall, fence, mound or planting screen shall be not less than six feet (6') in height and shall be maintained in good condition.
(b) Required yard areas shall be landscaped in accordance with a landscape plan as approved by the Commission and shall be maintained in good condition.
(c) Dumpsters and/or garbage collection facilities shall be enclosed by a solid wall or fence at least six feet (6') in height and constructed of materials which are compatible in type, texture, style, and color with the main building, and such facilities shall not be located in required setbacks.
(d) All buildings shall have appropriate foundation plantings, installed in conformance with an approved landscape plan, which complement the architectural treatment and provide for year round interest.
(e) At least ten percent (10%) of the area within the boundary of a parking area designed for more than fifty (50) car spaces shall be developed as planted islands with minimum dimensions of ten feet (10') and designed to interrupt the expanse of paving area.
(f) Not less than five percent (5%) of the total land area, exclusive of the side yards and parking islands, shall be developed as lawn or planted areas, or be maintained in a natural state, and in addition thereto, all portions of required yards in which no off-street parking is permitted, shall be developed as lawn or planted areas or maintained in a natural state.
(Ord. 2018-94. Passed 10-21-19.)
1131.08 SITE DEVELOPMENT PLANS.
Preliminary and final Site Development Plans are required and shall be prepared for all proposed developments in a Class U-8 District. Site Development Plans shall be submitted to the Commission in accordance with the provisions of Chapter 1108.
(Ord. 2018-94. Passed 10-21-19.)