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The following regulations and the “Supplementary Regulations” of Section 175.29 shall apply in the C-3 District. The C-3 District is intended to accommodate the variety of retail stores and related activities which occupy the prime area within the central business district. It is intended that this district not be mapped outside the original business core.
1. Permitted Uses.
A. Same uses as permitted and regulated for the R-3 District.
B. Stores or establishments for the conducting of any retail business provided that all goods offered for sale shall be kept or stored within a fully enclosed building, but including drive-in places with such uses. (See exception in subsection 11.)
C. Shops or establishments for the conducting of any personal or business services provided that such services, where conducted on the premises, are rendered within a fully enclosed building. (See exception in subsection 1.)
D. Banks and other financial establishments.
E. Business and professional offices.
F. Hotels, motels and motor lodges.
G. Eating places, restaurants, taverns or any other places serving food or beverages, provided same is conducted within a fully enclosed building.
H. Places of amusement or recreation provided all such activity is carried on inside a fully enclosed building, but including places where food and beverages are served to patrons in parked automobiles.
I. Gasoline filling station, automobile sales lot, mobile home sales lot, automobile washing facility.
J. Cabinet making or carpenter shops; plumbing, heating, ventilating or air conditioning supply shops; electrical shop; printing, binding or publishing shop or firm; tinsmith, sheet metal or ornamental iron shop but not including heavy structural iron or steel fabricating shop; or similar commercial shop not primarily manufacturing in nature.
K. Bottling works, automobile body repairs, cleaning and dyeing plant, processing of dairy or egg products, frozen food lockers, laundry or other similar commercial service not primarily manufacturing in nature.
L. Wholesale and storage uses conducted entirely within a building but not including outdoor storage or fuel or other combustible material.
M. Lumber yard, builders supply yard, machinery storage yard or similar products storage but not including junk yard, salvage or waste material outdoor storage yard.
N. Transportation terminals, product transfer facilities.
O. Off-street parking and loading areas.
P. Any accessory building customarily incidental and subordinate to one of the above main uses.
2. Building Height Limit. For residence buildings, same as for the R-3 District, for any other permitted principal use, no building shall have a height greater than three (3) times the width of the street right-of-way on which it faces.
3. Minimum Lot Area. For residence buildings, same as for the R-3 District; for any other permitted use, no minimum.
4. Minimum Lot Width. For residence buildings, same as for the R-3 District; for any other permitted use, no minimum.
5. Minimum Front Yard Depth. For residence buildings, same as for the R-3 District; for any other permitted use, no minimum.
6. Minimum Side Yard Width (Each Side). For any residence building, same as for the R-3 District; for any other permitted use, no minimum, but if a side yard is provided, then must be at least 5 feet, plus 1 foot for each 2 feet in height above 30 feet. (Exception: Where side yard is adjacent to an “R” District it shall be at least 15 feet.)
7. Minimum Rear Yard Depth. For any residence building, same as for R-3 District; for any other permitted use, no minimum, but if a rear yard is provided then must be at least 5 feet 1 foot for each 2 feet in height above 30 feet. (Exception: Where rear yard is adjacent to an “R” District it shall be at least 15 feet.)
8. Off-Street Parking and Loading. In accordance with Section 175.28.
9. Site Plan Required. To assure that the layout and location of proposed buildings and other improvements will be in conformity with the purposes and standards set forth for the C-3 District, a site plan shall be submitted showing the proposed use and development of the site for approval by the Council after review and recommendation by the Commission. The site plan shall have scale accuracy and shall show the following:
A. Location, use and height of buildings.
B. Location and improvement of parking and loading areas.
C. Location, improvement and grade of all access driveways.
D. Location of all existing and proposed underground utility lines and appurtenant structures.
E. Layout, dimensions and markings for parking spaces.
F. Location and improvement of sidewalks, location and markings of all pedestrian ways within parking area.
G. Location and size of all outdoor signs.
To properly orient the site plan to adjacent properties and uses and to the physical features of the site, the accompanying information shall be submitted. The applicant may choose to show this information on the site plan or on a separate map: (a) area map showing all properties, streets, easements, streams, etc. within 200 feet of boundaries of site; and (b) topography or selected elevation points to show existing grades and proposed final grades or elevations of buildings.
10. Construction Requirements.
A. Landscaping of a site may be required including the use and approval of planting materials used on the site. The vegetation initially planted must be nurtured and all dead stock regularly replaced.
B. Around loading areas, material holding, and/or assembly or processing areas, a sight tight durable fence or wall must be provided.
C. Around refuse holding locations a sight tight enclosure that will also prevent scattering of refuse shall be provided.
D. Except as provided in Paragraph E below theexterior of the front of a building must be constructed of at least 30% outside facing material of a clay masonry material or approved equal. In the event a dispute arises as to which wall constitutes the front of the building, the decision shall be made solely by the Commission by considering what the general public would regard as the front of the building. Where the main entrance to the building is located and the address side shall be only two factors in making this determination. If the building is bordered on more than one side by public right-of-way, and has more than one entrance, the Commission shall make the final determination as to which side will have the required masonry material.
(Paragraph D – Ord. 2289 – Dec. 23 Supp.)
E. As to any “new” construction located in the C-3 Commercial District of “downtown” Boone, Iowa as designated in the Boone Downtown Incentive Fund map shown below, the exterior of a building must be constructed of at least 75% outside facing material of a clay masonry material or approved equal on any side of the building other than the side that faces an alleyway, regardless of whether that side is the front of the building. The Commission shall make the final determination as to which three sides will have the required masonry material.
(Paragraph E – Ord. 2289 – Dec. 23 Supp.)
11. Outdoor Displays. Outdoor displays will be permitted as long as they are not unsightly or constitute a nuisance. No outdoor displays will be permitted on any public right-of-way, including but not limited to streets, alleys, or sidewalks that in any way block or obstruct a street, alley or sidewalk. The Building Official shall have absolute discretion in determining whether an outdoor display is unsightly, constitutes a nuisance, or whether it blocks or obstructs a public right-of-way.
12. In the C-3, General Commercial District, downtown district only, 1st floor dwelling units are not allowed within the first 50% of floor area of the front of the building, from the street side; also, indoor storage units shall not be allowed on the 1st floor of any building in the downtown C-3 zoning district in the City of Boone.
(Subsection 12 - Ord. 2257 - Dec. 20 Supp.)
The following regulations and the “Supplementary Regulations” of Section 175.29 shall apply in the C-4 Commercial District. The “C-4” District is intended to provide for the development of shopping centers. For the purposes of this section, the term “shopping center” means a planned retail and service area under single ownership, management, or control characterized by a concentrated grouping of stores and compatible uses, with various facilities designed to be used in common, such as ingress and egress roads, extensive parking accommodations, etc. Since shopping center developments, whether large or small, have a significant effect upon the Comprehensive Plan for the development of the City, extensive authority over their development is retained by the Council and the Commission. Many matters relating to the shopping center’s design, its potential for success or failure and its effect upon surrounding neighborhoods must be considered by the Council and Commission in order to reasonably be assured that the area will not eventually become blighted. It is further intended that in the event of an applicant’s failure to construct a shopping center in accordance with a reasonable time schedule, the Council shall enact the necessary legislation to reclassify the area to another classification consistent with the surrounding neighborhood. Such action would also, because of the reduction in commercial zoning in a given area, provide conditions whereby it could be reasonable for the Council to classify other areas in the vicinity for shopping center use.
1. Procedure. The owner or owners of any tract of land comprising an area of not less than five (5) acres may submit to the Council a petition requesting a change to the C-4 zoning district classification. The petition shall be accompanied by a plan for the commercial use and development of the tract for the purpose of meeting the requirements of this section and by evidence of the feasibility of the project and its effects on surrounding property, including each of the following:
A. A site plan defining the areas to be developed for buildings, the areas to be developed for parking, the location of sidewalks and driveways and the points of ingress and egress, including access streets where required, the location and height of walls, existing and proposed grades, the location and type of landscaping and the location, size and number of signs, type or style of architecture, building materials, color or other significant features.
B. An analysis of market conditions in the area to be served including the types and amount of service needed and general economic justification.
C. A traffic analysis of the vicinity indicating the effect of proposed shopping center on the adjacent streets.
D. A statement of financial responsibility to assure construction of the shopping center, including landscaping, in accordance with the plan and the requirements of this section.
The development plan shall be referred to the Commission for study and report. The Commission shall review the conformity of the proposed development with the standards of the Comprehensive Plan, and with recognized principles of civic design, land use planning and landscape architecture. The Commission may approve the plan as submitted or, before approval, may require that the applicant modify, alter, adjust, or amend the plan as the Commission deems necessary to the end that it preserve the intent and purpose of this chapter to promote public health, safety, morals, and general welfare. The development plan as approved by the Commission shall then be reported to the Council; whereupon, the Council may approve or disapprove said plan as reported or may require such changes thereto as it deems necessary to effectuate the intent and purpose of this chapter.
2. Standards. Uses permitted in the “C-4” district shall include any use permitted in the “C-1,” “C-2,” or “C-3” districts and as limited by these districts; provided, however, the Council may consider any additional restrictions proposed by the owner. The bulk regulations of the “C-2” district shall be considered minimum for the “C-4” district; however, it is expected that these minimums will be exceeded in all but exceptional situations. Buildings may be erected to heights greater than those allowed in the “C-3” district in accordance with the intent and purpose of this section.
3. Completion. The Council may make the approval of the shopping center plan contingent upon the completion of construction and improvements within a reasonable period of time; provided, however, in determination of such period, the Council shall consider the scope and magnitude of the project and any schedule or timetable submitted by the developer. Failure to complete the construction and improvements within said period of time shall be deemed sufficient cause for the Council, in accordance with the provisions of Section 175.31, to rezone the subject property to the classification effective at the time of original submission of the shopping center plan, unless an extension is recommended by the Commission and approved by the Council for due cause shown. Any proposed change in the shopping center plan, after approval by the Council, shall be resubmitted and considered in the same manner as the original proposal.
4. Off-Street Parking. In accordance with Section 175.28.
5. Landscaping. A minimum of 15 percent of the area shall be returned as landscaped open space to include such items as walks, trees, shrubs, fountains or other ornamental features.
6. Outdoor Displays. Outdoor displays will be permitted as long as they are not unsightly or constitute a nuisance. No outdoor displays will be permitted on any public right-of-way, including but not limited to streets, alleys, or sidewalks that in any way block or obstruct a street, alley or sidewalk. The Building Official shall have absolute discretion in determining whether an outdoor display is unsightly, constitutes a nuisance, or whether it blocks or obstructs a public right-of-way.
The following regulations and the “Supplementary Regulations” of Section 175.29 shall apply in the M-1 District.
1. Purpose. The purpose of this district is to provide for the development of selected commercial uses, office and light industrial uses that will be so located and planned as to constitute a well-designed, convenient, and appropriate part of the physical development of the City, encourage sound expansion of the economic base of the City, and otherwise further the general zoning purposes set forth in Section 175.03 of this chapter. This section includes special architectural and site development requirements.
2. Permitted Uses.
A. Eating places, restaurant, tavern or any other place serving food or beverages provided same is conducted within a fully enclosed building.
B. Places of amusement or recreation provided all such activity is carried on inside a fully enclosed building, but including places where food and beverages are served to patrons in parked automobiles.
C. Gasoline filling station, automobile sales lot, mobile home sales lot, automobile washing facility.
D. Cabinet making or carpenter shops; plumbing, heating, ventilating or air conditioning supply shops; electrical shop; printing, binding or publishing shop or firm; tinsmith, sheet metal or ornamental iron shop but not including heavy structural iron or steel fabricating shop; or similar commercial shop not primarily manufacturing in nature.
E. Bottling works, automobile body repairs, cleaning and dyeing plant, processing of dairy or egg products, frozen food lockers, laundry, or other similar commercial service not primarily manufacturing in nature.
F. Wholesale and storage uses conducted entirely within a building but not including outdoor storage of fuel or other combustible material.
G. Manufacture, compounding, processing, packaging or treatment of such products as, but not limited to, candy, cosmetics, pharmaceuticals, toiletries, food products except fish, sauerkraut, vinegar, yeast, refining of fats and oils or other similar high odor level activity.
H. Manufacture, compounding, assembling, or treatment of articles or merchandise from certain natural or previously prepared base materials such as, but not limited to, cloth, cellophane, cork, felt, fiber, glass, leather, paper, plastics, metals or stones, shell, wax, yarns and wood, but excluding heavy manufacturing, assembling or treatment using these materials such as a large metal stamping mill, large structural steel fabricator, saw or planing mill, or other similar high noise level activity.
I. Manufacture of pottery or other ceramic products using only previously prepared clay, and kilns fired only by electric or gas heat sources.
J. Manufacture, processing, or assembling of hardware and cutlery, novelties and gadgets, electrical appliances and products, electronic devices and products, professional and musical instruments, business machines.
K. Tool, die, gauge and other small product oriented machine shops.
L. Research laboratory; experimental, product development and testing, engineering development, or similar research oriented facility.
M. Administrative offices, motel.
N. Off-street parking and loading areas.
O. Any accessory building customarily incidental and subordinate to one of the above main uses.
P. No dwelling or dwelling unit is permitted except those for employees having duties in connection with any premises requiring them to live on said premises, including families of such employees when living with them.
3. Building Height Limit. For any permitted use, a main building shall not exceed 45 feet in height, except that for each one foot that the nearest portion of the building is set back beyond the required front, side and rear yards, one foot may be added to the height limit of such buildings or portion thereof, provided that no building shall exceed 90 feet in height; for any accessory building, 16 feet.
4. Minimum Lot Area. For any permitted use, no minimum.
5. Minimum Lot Width. For any permitted use, no minimum.
6. Minimum Front Yard Depth. For any permitted use, 25 feet.
7. Minimum Side Yard Width (Each Side). For any permitted use, 15 feet, plus 1 foot for each 2 feet in height above 30 feet.
8. Minimum Rear Yard Depth. For any permitted use, 15 feet, plus 1 foot for each 2 feet in height above 30 feet.
9. Off-Street Parking. In accordance with Section 175.28, except that the Council may increase or decrease the parking requirements by not more than 25 percent where the amount of vehicular traffic and/or number of customers or employees to a particular site or use warrants an increase or decrease in the amount of off-street parking spaces from the normal requirement as set forth.
10. Other Standards. Uses to be developed along the lot or project boundary lines shall not be in conflict with existing uses on adjacent or opposite properties. To this end the City may require that uses of least intensity, increased yard space, or buffer screening or fencing be located nearest the borders of the lot or project with said existing uses. Suitable screening or landscaping shall be provided along all adjacent residence boundaries to protect said properties from increased noise, glare of lighting, or other similar nuisance from the adjacent business or industrial use.
11. Site Plan Required. To assure that the layout and location of proposed commercial, office or light industrial uses in any M-1 Planned District will be in conformity with the purposes and standards set forth for M-1 District, a site plan shall be submitted showing the proposed use and development of the site for approval by the Council after review and recommendation by the Commission. The site plan shall have scale accuracy and shall show the following:
A. Location, use, and height of buildings.
B. Location and improvement of parking and loading areas.
C. Location, improvement and grade of all access driveways.
D. Location of all existing and proposed underground utility lines and appurtenant structures.
E. Layout, dimensions and markings for parking spaces.
F. Location and improvement of sidewalks, location and markings of all pedestrian ways within parking area.
G. Location and size of all outdoor signs.
To properly orient the site plan to adjacent properties and uses and to the physical features of the site, the accompanying information shall be submitted. The applicant may choose to show this information on the site plan or on a separate map: (a) area map showing all properties, streets, easements, streams etc. within 200 feet of boundaries of site; (b) topography or selected elevation points to show existing grades, and proposed final grades or elevations of buildings.
12. Construction Requirements.
A. Landscaping of a site may be required including the use and approval of planting materials used on the site. The vegetation initially planted must be nurtured and all dead stock regularly replaced.
B. Around loading areas, material holding, and/or assembly or processing areas, a sight tight durable fence or wall must be provided.
C. Around refuse holding locations a sight tight enclosure that will also prevent scattering of refuse, shall be provided.
D. The exterior of the front of a building must be constructed of at least 30% outside facing material of a clay masonry material or approved equal. In the event a dispute arises as to which wall constitutes the front of the building, the decision shall be made solely by the Commission by considering what the general public would regard as the front of the building. Where the main entrance to the building is located and the address side shall be only two factors in making this determination. If the building is bordered on more than one side by public right-of-way, and has more than one entrance, the Commission shall make the final determination as to which side will have the required masonry material.
The following regulations and the “Supplementary Regulations” of Section 175.29 shall apply in the M-3 District.
1. Permitted Uses.
A. Cabinet making or carpenter shops; plumbing, heating, ventilating or air conditioning supply shops; electrical shop; printing, binding or publishing shop or firm; tinsmith, sheet metal or ornamental iron shop but not including heavy structural iron or steel fabricating shop; or similar commercial shop not primarily manufacturing in nature.
B. Bottling works, automobile body repairs, cleaning and dyeing plant, processing of dairy or egg products, frozen food lockers, laundry, or other similar commercial service not primarily manufacturing in nature.
C. Wholesale and storage uses conducted entirely within a building.
D. Lumber yard, builders supply yard, machinery storage yard, or similar products storage but not including junk yard, salvage, or waste material outdoor storage yard.
E. Transportation terminals, product transfer facilities.
F. Manufacture, compounding, processing, packaging or treatment of such products as, but not limited to, candy, cosmetics, pharmaceuticals, toiletries, food products except fish, sauerkraut, vinegar, yeast, refining of fats and oils or other similar high odor level activity.
G. Manufacture, compounding, assembling, or treatment of articles or merchandise from certain natural or previously prepared base materials such as, but not limited to, cloth, cellophane, cork, felt, fiber, glass, leather, paper, plastics, metals or stones, shell, wax, yarns and wood, but excluding heavy manufacturing, assembling or treatment using these materials such as a large metal stamping mill, large structural steel fabricator, saw or planing mill, or other similar high noise level activity.
H. Manufacture of pottery or other ceramic products using only previously prepared clay, and kilns fired only by electric or gas heat sources.
I. Manufacture, processing, or assembling of hardware and cutlery, novelties and gadgets, electrical appliances and products, electronic devices and products, professional and musical instruments, business machines.
J. Tool, die, gauge and other small product oriented machine shops.
K. Research laboratory; experimental, product development and testing, engineering development, or similar research oriented facility.
L. Foundry casting, lightweight non-ferrous metals or electric or gas fired foundry not causing noxious fumes or odors.
M. Livestock terminal or sales barn.
N. Wind Energy Conservation Systems (WCES), as a conditional use.
O. Off-street parking and loading areas.
P. Any accessory building customarily incidental and subordinate to one of the above main uses.
Q. No dwelling or dwelling unit is permitted except those for employees having duties in connection with any premises requiring them to live on said premises, including families of such employees when living with them.
2. Building Height Limit. For any permitted use, no height limit.
3. Minimum Lot Area. For any permitted use, no minimum.
4. Minimum Lot Width. For any permitted use, no minimum.
5. Minimum Front Yard Depth. For any permitted use, 25 feet.
6. Minimum Side Yard Width (Each Side). For any permitted use, no minimum, but if a side yard is provided, then must be at least 5 feet, plus 1 foot for each 2 feet in height above 30 feet.
7. Minimum Rear Yard Depth. For any permitted use, no minimum, but if a rear yard is provided, then must be at least 5 feet, plus 1 foot for each 2 feet in height above 30 feet.
8. Off-Street Parking. In accordance with Section 175.28, except that the Council may increase or decrease the parking requirements by not more than 25 percent where the amount of vehicular traffic and/or number of customers or employees to a particular site or use warrants an increase or decrease in the amount of off-street parking spaces from the normal requirement as set forth.
9. Other Standards. No use shall be permitted to be established or maintained which by reason of its nature or manner of operation is or may become hazardous, noxious or offensive owing to the emission of odor, dust, smoke, cinders, gas, fumes, vibrations, refuse matter or water-carried waste.
10. Site Plan Required. To assure that the layout and location of proposed commercial, office or light industrial uses in any M-3 Planned District will be in conformity with the purposes and standards set forth for M-3 District, a site plan shall be submitted showing the proposed use and development of the site for approval by the Council after review and recommendation by the Commission. The site plan shall have scale accuracy and shall show the following:
A. Location, use, and height of buildings.
B. Location and improvement of parking and loading areas.
C. Location, improvement and grade of all access driveways.
D. Location of all existing and proposed underground utility lines and appurtenant structures.
E. Layout, dimensions and markings for parking spaces.
F. Location and improvement of sidewalks, location and markings of all pedestrian ways within parking area.
G. Location and size of all outdoor signs.
To properly orient the site plan to adjacent properties and uses and to the physical features of the site, the accompanying information shall be submitted. The applicant may choose to show this information on the site plan or on a separate map: (a) area map showing all properties, streets, easements, streams etc. within 200 feet of boundaries of site; (b) topography or selected elevation points to show existing grades, and proposed final grades or elevations of buildings.
The following regulations and the Supplementary Regulations of Section 175.29 shall apply in the M-4 District.
1. Permitted Uses.
A. Cabinet making or carpenter shops; plumbing, heating, ventilating or air conditioning supply shops; electrical shop; printing, binding or publishing shop or firm; tinsmith, sheet metal or ornamental iron shop but not including heavy structural iron or steel fabricating shop; or similar commercial shop not primarily manufacturing in nature.
B. Bottling works, automobile body repairs, cleaning and dyeing plant, processing of dairy or egg products, frozen food lockers, laundry, or other similar commercial service not primarily manufacturing in nature.
C. Wholesale and storage uses conducted entirely within a building.
D. Lumber yard, builders supply yard, machinery storage yard, or similar products storage but not including junk yard, salvage, or waste material outdoor storage yard.
E. Transportation terminals, product transfer facilities.
F. Manufacture, compounding, processing, packaging or treatment of such products as, but not limited to, candy, cosmetics, pharmaceuticals, toiletries, food products except fish, sauerkraut, vinegar, yeast, refining of fats and oils or other similar high odor level activity.
G. Manufacture, compounding, assembling, or treatment of articles or merchandise from certain natural or previously prepared base materials such as, but not limited to, cloth, cellophane, cork, felt, fiber, glass, leather, paper, plastics, metals or stones, shell, wax, yarns, and wood.
H. Manufacture of pottery or other ceramic products using only previously prepared clay, and kilns fired only by electric or gas heat sources.
I. Manufacture, processing, or assembling of hardware and cutlery, novelties and gadgets, electrical appliances and products, electronic devices and products, professional and musical instruments, business machines.
J. Tool, die, gauge and other small product oriented machine shops.
K. Research laboratory; experimental, product development and testing, engineering development, or similar research oriented facility.
L. Foundry casting, lightweight non-ferrous metals or electric or gas fired foundry not causing noxious fumes or odors.
M. Livestock terminal or sales barn.
N. Wind Energy Conservation Systems (WCES), as a conditional use.
O. Off-Street parking and loading areas.
P. Any accessory building customarily incidental and subordinate to one of the above main uses.
Q. No dwelling or dwelling unit is permitted except those for employees having duties in connection with any premises requiring them to live on said premises, including families of such employees when living with them.
R. Any other use except those listed in paragraph R of this subsection and not otherwise prohibited by law provided that:
1 The best practical means known for the disposal of refuse or solid wastes from such use or abatement of obnoxious or offensive odor, dust, smoke, gas, noise or similar nuisance shall be employed.
2 Any building or structure in connection with such use, including loading areas and storage yards, shall be located at least 100 feet from any Residence District boundary.
S. Any of the following uses, provided a public hearing shall be held thereon and approval of the proposed development of said use obtained from the Council.
Acid manufacture.
Automobile or machinery wrecking and used parts yard.
Cement, lime or pulverized clay manufacture.
Distillation of petroleum, grain, refuse or similar material.
Fat rendering, dead animal reduction, glue manufacture.
Fertilizer manufacture.
Junk yard, storage or salvage.
Slaughter house, stock yard.
Tannery.
Yard for waste materials.
In its determination as to the appropriateness of any such use at the particular location requested, the Council shall consider the following conditions: (a) that the proposed location, design, construction, and operation of the particular use adequately safeguards the health, safety, and general welfare of persons residing or working in adjoining or surrounding property; (b) that such use shall not impair an adequate supply of light and air to surrounding property; (c) that such use shall not unduly increase congestion in the streets, or public danger of fire and safety; (d) that such use shall not diminish or impair established property values in adjoining or surrounding property; and (e) that such use shall be in accord with the intent and purposes of this chapter.
2. Building Height Limit. For any permitted use, no height limit.
3. Minimum Lot Area. For any permitted use, no minimum.
4. Minimum Lot Width. For any permitted use, no minimum.
5. Minimum Front Yard Depth. For any permitted use, 25 feet.
6. Minimum Side Yard Width (Each Side). For any permitted use, no minimum, but if a side yard is provided, then must be at least 5 feet, plus 1 foot for each 2 feet in height above 30 feet.
7. Minimum Rear Yard Depth. For any permitted use, no minimum, but if a rear yard is provided, then must be at least 5 feet, plus 1 foot for each 2 feet in height above 30 feet.
8. Off-Street Parking. In accordance with Section 175.28, except that the Council may increase or decrease the parking requirements by not more than 25 percent where the amount of vehicular traffic and/or number of customers or employees to a particular site or use warrants an increase or decrease in the amount of off-street parking spaces from the normal requirement as set forth.
9. Site Plan Required. To assure that the layout and location of proposed commercial, office or light industrial uses in any M-4 Planned District will be in conformity with the purposes and standards set forth for M-4 District, a site plan shall be submitted showing the proposed use and development of the site for approval by the Council after review and recommendation by the Commission. The site plan shall have scale accuracy and shall show the following:
A. Location, use, and height of buildings.
B. Location and improvement of parking and loading areas.
C. Location, improvement and grade of all access driveways.
D. Location of all existing and proposed underground utility lines and appurtenant structures.
E. Layout, dimensions and markings for parking spaces.
F. Location and improvement of sidewalks, location and markings of all pedestrian ways within parking area.
G. Location and size of all outdoor signs.
To properly orient the site plan to adjacent properties and uses and to the physical features of the site, the accompanying information shall be submitted. The applicant may choose to show this information on the site plan or on a separate map: (a) area map showing all properties, streets, easements, streams, etc. within 200 feet of boundaries of site; (b) topography or selected elevation points to show existing grades, and proposed final grades or elevations of buildings.
1. Purpose. A mixed use district is intended to provide primarily industrial uses of land compatible with the airport, mixed with commercial and support retail and services. This section includes site development requirements.
2. Permitted and Conditional Uses. The base zone for the MU District is Industrial (Districts M-1, M-3, M-4). The MU District allows the flexibility of mixing compatible land uses on a site or within the same building, as approved by the Commission. Except as provided in this section, and subject to restrictions contained in this chapter, the permitted uses for the MU District include:
A. Industrial Uses. Districts M-1, M-3, M-4.
B. Commercial Uses. Commercial use within the MU District will be the same commercial uses regulated and permitted as in District C-1, C-2, or C-3. Commercial uses in the MU-1 District should primarily service the MU District.
(Subsection 2 – Ord. 2299 – Dec. 23 Supp.)
3. Prohibited Uses.
A. Residential Uses: Any type of residential use in MU Mixed Use Overlay is restricted.
B. Commercial Uses. Commercial uses listed within C-1, C-2, and C-3 that are restricted from the MU District include specialty commercial uses and destination retail/commercial uses.
4. Building Height Limit. For any permitted use, 40 feet.
5. Minimum Lot Area. For any permitted use, no minimum.
6. Minimum Lot Width. For any permitted use, no minimum.
7. Minimum Front Yard Depth. For any permitted use, 25 feet.
8. Minimum Side Yard Depth (Each Side). For any permitted use, 15 feet, plus 1 foot for each 2 feet in height above 30 feet.
9. Minimum Rear Yard Depth. For any permitted use, 15 feet, plus 1 foot for each 2 feet in height above 30 feet.
10. Off-Street Parking. In accordance with Section 175.28, except that the Council may increase or decrease the parking requirements by not more than 25 percent where the amount of vehicular traffic and/or number of customers or employees to a particular site or use warrants an increase or decrease in the amount of off-street parking spaces from the normal requirement as set forth.
11. Other Standards. Uses to be developed along the lot or project boundary lines shall not be in conflict with existing uses on adjacent or opposite properties. To this end the City may require the uses of least intensity, increased yard space, or buffer screening or fencing be located nearest the borders of the lot or project with said existing uses. Suitable screening or landscaping shall be provided along all adjacent residence boundaries to protect said properties from increased noise, glare of lighting, or other similar nuisance from the adjacent business or industrial use.
12. Site Plan Required. To assure that the layout and location of proposed industrial, commercial, or support retail/services in any MU District will be in conformity with the purposes and standards set forth for the MU District, a site plan shall be submitted showing the proposed use and development of the site for approval by the Council after review and recommendation from the Commission. The site plan shall have scale accuracy and shall show the following:
A. Location, use, and height of buildings.
B. Location and improvement of parking and loading areas.
C. Location, improvement, and grade of all access driveways.
D. Location of all existing and proposed underground utility lines and appurtenant structures.
E. Layout, dimensions and markings for parking spaces.
F. Location and improvement of sidewalks, location and markings of all pedestrian ways within parking area.
G. Location and size of all outdoor signs.
H. To properly orient the site plan to adjacent properties and uses and to the physical features of the site, the accompanying information shall be submitted. The applicant may choose to show this information on the site plan or on a separate map: (a) area map showing all properties, streets, easements, streams, etc. within 200 feet of boundaries of site; (b) topography or selected elevation points to show existing grades, and proposed final grades or elevations or buildings.
13. Construction Requirements.
A. Landscaping, open space requirements, and buffers shall be required as stated within Chapter 177, Subdivision Regulations.
B. For all commercial uses within the MU District, the exterior of the front of the building must be constructed of at least 30% outside facing material of a clay masonry material or approved equal. In the event a dispute arises as to which wall constitutes the front of the building, the decision shall be made solely by the Commission by considering what the general public would regard as the front of the building. Where the main entrance to the building is located and the address side shall be the only two factors in making this determination.
The “U-1” District is intended to encompass certain areas of the City which are subject to flood hazard. This district is created in order to protect the public health and welfare, to lessen the burdens imposed upon the community by rescue and relief efforts occasioned by the occupancy of areas subject to flooding, and to minimize the danger to life and property which results from development undertaken without full realization of such danger. It is further the intention of this chapter that no reclassification of any lands zoned “U-1” be undertaken, unless and until suitable measures have been taken to insure that the flood hazard no longer exists, and that these measures have the approval of the City, State or Federal agencies, where required by existing legislation.
1. Uses Permitted.
A. Agriculture, truck gardening and nurseries, and the usual accessory buildings, provided that no permanent dwelling units shall be erected thereon unless the tract contains ten (10) or more acres.
B. Forests and forestry.
C. Publicly owned parks, playgrounds, golf courses, and recreational uses.
D. Any use erected or maintained by a public agency.
E. The uses hereinafter listed shall be permitted subject to approval by the Board of Adjustment after public hearing. In its determination upon the particular uses at the locations requested, the Board of Adjustment shall consider all of the following provisions.
(1) That the proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing or working in adjoining or surrounding property;
(2) That such use shall not impair an adequate supply of light and air to surrounding property;
(3) That such use shall not unduly increase congestion in the streets, or public danger of fire, safety and flood;
(4) That such use shall not diminish or impair established property values in adjoining or surrounding property; and
(5) That such use shall be in accord with the intent, purpose and spirit of this chapter and the Comprehensive Plan of the City.
F. The uses subject to the provisions of paragraph E above are as follows:
(1) Amusement enterprises, such as race track, carnival, circus rides and shows, etc.
(2) Mining and extraction of minerals of raw materials.
(3) Airports and landing fields.
(4) Private playgrounds, golf courses and recreational uses.
(5) Public utility structures and equipment necessary for the operation thereof.
(6) Transmitting stations.
(7) Dumping of non-combustible materials for erosion control purposes.
(8) Off-premises advertising signs.
G. Accessory buildings and uses customarily incident to any of the above uses.
2. Building Height Limit, no limitation.
3. Minimum Lot Area, no limitation.
4. Minimum Lot Width, no limitation.
5. Minimum Front Yard Depth, 50 feet.
6. Minimum Side Yard Width (Each Side), 50 feet.
7. Minimum Rear Yard Depth, 50 feet.
The following regulations and the “Supplementary Regulations” of Section 175.29 shall apply in the HM District. The HM District is intended to provide uses of land which accommodate commercial and professional uses directly associated with medical and dental treatment of human ailments.
1. Permitted Uses.
A. Hospital for treatment of humans.
B. Medical clinic.
C. Sales and service of goods and products and health related services directly related to hospital/medical facilities.
D. Doctors and/or dentists office.
E. Laboratories – medical and dental.
F. Nursing home and convalescent home.
G. Retirement home and home for the elderly.
H. One-family dwellings.
I. Two-family dwellings.
J. Multi-family dwellings.
K. Family home.
L. Accessory buildings and uses as provided and regulated herein.
M. Private parking facilities.
2. Building Height Limit. Residential uses, same as R-3 District; all other permitted uses, 5 stories or 60 feet.
3. Minimum Lot Area. For residence buildings, same as R-3 District; for any other permitted use, no minimum.
4. Minimum Lot Width. For residence buildings, same as R-3 District; for any other permitted use, no minimum.
5. Minimum Front Yard Depth. For residence buildings, same as R-3 District; for any other permitted uses, 25 feet.
6. Minimum Side Yard Width. For residence buildings, same as R-3 District; for any other permitted uses, 15 feet.
7. Minimum Rear Yard Depth. For residence buildings, same as R-3 District; for any other permitted uses, 15 feet.
8. Off-Street Parking. In accordance with Section 175.28.
9. Construction Requirements. Same as C-1 District, excluding residential uses.
10. Site Plan Required. Same as C-1 District.
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