Certain accessory uses have characteristics that require additional regulation by the city to assure compatibility with other business properties and neighborhoods. The following accessory uses must comply with the following additional performance standards:
(A) Car washes in the B-2 district.
(1) The use must be accessory to a vehicle fuel station.
(2) The lot must be a minimum of two acres.
(3) The building/structure housing the car wash must be no closer than 100 feet to the residential district boundary.
(4) Additional regulations may be required through the Conditional Use Permit process to mitigate noise and/or other potential nuisances.
(B) Seasonal greenhouses or garden centers. The Conditional Use Permit may reflect the location, extent, content and allowable time period, the location, appearance and size of any outdoor seasonal greenhouse or garden center. The Conditional Use Permit must also comply with the following:
(1) The area(s) designated may not be located in the required parking areas, block sidewalks, or interfere with public safety.
(2) The area(s) designated may not be permitted in the required setback from residential districts or public rights-of-way.
(3) The proprietor of the business must keep a copy of the Conditional Use Permit on the premises and demonstrate compliance with the permit upon inspection.
(4) Conditional Use Permits may be revoked by the City Council if the activity is not used on an annual basis or if violations to any of the above regulations have been documented and were not corrected in a timely manner as determined by the City Manager.
(C) Restaurants and retail or service businesses as accessory uses.
(1) May be located within the principal building or as a single tenant in a multi-tenant building.
(2) The area of the building for restaurants or retail or service businesses are restricted to one-half of the total floor area of the ground level floor of a multistory building, but may not be restricted to any location in the building, or 10% of the floor area of a single story building.
(D) Exterior food and beverage machines, ice machines, and propane tank exchanges.
(1) Must be in conjunction with approved fuel or vehicle service businesses and convenience or full-service grocery or variety goods store.
(2) Must be adjacent to and project no further than five feet from the primary building.
(3) Where sidewalks are present, a minimum access width of four feet must be provided and may not be blocked by the vending machines or containers.
(4) In addition to subsections (1) through (3) above, propane tank exchanges must be located within a metal cabinet painted to blend into the building. The cabinet, not to exceed 52 cubic feet, must receive a permit from the Fire Chief.
(5) In addition to subsections (1) through (4) above, propane tank exchanges in the Planned Unit Development (PUD), Planned Community Development District (PCDD), and Town Center (TC) Zoning Districts may be approved through the conditional use permit process as described in § 152.035.
(6) Exterior food and beverage vending machines, ice machines, and propane tank exchanges must be in good repair at all times.
(E) Warehousing, incidental repair, or processing.
(1) In the B1 - B-4 Districts, accessory warehousing may only be conducted in up to 30% of the gross floor area of the principal building.
(2) Must be necessary and related to the permitted principal use.
(F) Detached Accessory Structure.
(1) Setback adjacent to rights-of-way. No detached accessory structures are permitted between a public right-of-way and the principal structure.
(2) Interior side or rear setbacks. No detached accessory structure is permitted closer than five feet from interior side property lines.
(3) Structure size. Detached accessory structures may not exceed 2,000 square feet, or 15% of the principal structure footprint, whichever is less.
(4) Structure height. Detached accessory structures may not exceed 16 feet in height, or the height of the principal structure, whichever is less.
(5) No more than one detached accessory structure is permitted per lot of record.
(6) Detached accessory structures shall not be designed or used for human habitation.
(7) Detached accessory structures shall have the same or similar exterior finish as the principal building.
(G) Farmers' market.
(1) No portion of the use or event shall take place within 200 feet, as measured in a straight line from the closest point of the property line of the property upon which the farmers' market is located, to the property line of any R-1 zoned property with residential buildings.
(2) A farmer's market shall be conducted only within a parking lot that has a minimum of 200 off street parking spaces. It is not required that all 200 spaces be used for the market.
(3) Parking and display areas associated with the sale shall not distract or interfere with existing business operations or traffic circulation patterns.
(4) Display areas and parking spaces shall use those parking lot spaces that are in excess of the minimum required parking for the primary use of that property.
(5) A farmers' market shall provide one and one-half parking stalls per producer and one and one-half customer parking stalls per producer.
(6) Sales merchandise trailers, temporary stands, etc., shall be located on an asphalt or concrete surface.
(7) The owner/operator shall have the written permission of the current property owner to locate on a specific site.
(8) No uses or displays shall be permitted in required green areas, parking setback areas, or any right-of-way or other public property.
(9) Signage shall be limited to one sign not to exceed 32 square feet. The sign may be a banner, shall have a professional appearance, and shall be mounted or erected in an appropriate location. The sign may be illuminated, but must comply with all requirements of Chapter 30 of this title.
(10) All lighting shall comply with the lighting standards of Chapter 150 of the City Code.
(11) All producer merchandise shall be unloaded prior to the opening of the market and confined to the off-street parking lot area. No on-street parking or unloading shall be allowed.
(12) No public address system or speakers shall be used.
(13) The site shall be kept in a neat and orderly fashion, free from litter, refuse, debris, junk, or other waste, which results in offensive odors or unsightly conditions.
(14) Display of items shall be arranged in as compact a manner as reasonably practicable with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other emergency.
(15) All products, materials, quantities to be sold or displayed, and the dates, times, and duration of the market must be approved by the City Council.
(16) If the farmers' market is operated by a person other than the property owner, the property owner must notify the city of the full name, address, date of birth and telephone number of the operator in writing. The property owner is responsible for the actions of the operator and for compliance with the conditions of this section.
(H) Outdoor sales and display.
(1) The designated area must be identified on the site plan.
(2) The designated area cannot block sidewalks.
(3) The designated area must not encroach into setbacks.
(I) Outdoor storage. Outdoor storage of materials, equipment, and products accessory and necessary to the principal use must comply with the following:
(1) The items in the area designated for outdoor storage must be completely screened from view from adjacent public rights-of-way or adjacent properties.
(2) The area must not be used for the storage of junk vehicles, trash, debris, or other nuisance items as defined elsewhere in the City Code.
(3) The area designated for storage must be clearly defined by fencing, striping, paving, or other means.
(4) Outdoor storage is not permitted in the Highway Overlay (HO) District.
(5) Height of materials, vehicles, or equipment in outdoor storage area shall not exceed the height of the principal structure.
(6) The following performance standards apply to outside storage:
Figure 152.362.01: Outdoor Storage Requirements | |||||
Zoning Districts | |||||
B3 | B4 | BP | I | ||
Figure 152.362.01: Outdoor Storage Requirements | |||||
Zoning Districts | |||||
B3 | B4 | BP | I | ||
Area limit on storage allowed | 50% of site | 70% of site | 15% of building footprint | 80% of site | |
Setbacks | From ROW | 15 feet | 15 feet | 75 feet | 15 feet |
From side and rear | 5 feet | 5 feet | 50 feet | 5 feet | |
Adjacent to residential districts | 35 feet | 35 feet | NP | 35 feet | |
Location restriction | Side or rear yard only | Side or rear yard only | Must be located to the rear of the front entrance | Side or rear yard only | |
(J) Mobile food units.
(1) The owner/operator shall have written permission of the current property owner to locate at a designated area.
(2) The proprietor of the business must keep a copy of the mobile food unit license with the unit and demonstrate compliance with the license upon inspection.
(3) The area(s) designated for the mobile food unit and accessory outdoor seating may not block sidewalks, impede pedestrian or vehicular traffic, or interfere with public safety.
(4) No mobile food unit or accessory outdoor seating area may occupy parking spaces which may be leased to other businesses or used to fulfill its minimum parking requirements or any handicap accessible parking space.
(5) Mobile food unit locations are limited to private property located in a Business District as listed in § 152.361.
(6) Mobile food units shall be located on an asphalt or concrete surface.
(7) The owner/operator must provide trash receptacles for customer use and keep the site in a neat and orderly fashion, free from litter, refuse, debris, junk or other waste which results in offensive odors or unsightly conditions.
(8) Temporary signage is permitted in accordance with § 150.06(A)(6) pedestrian signs.
(9) Mobile food units cannot be located within 100 feet of the main entrance of an eating establishment or any outdoor dining area.
(K) Intermodal shipping containers.
(1) Two intermodal shipping contaners are permitted for outdoor storage on nonresidential properties.
(2) Shipping containers utilized for permanent storage must be located in the designated outdoor storage area of a property, in compliance with § 152.362(I).
(3) Shipping containers used for temporary storage are limited to 90 days per calendar
year and must be located in a staging area.
(4) The maximum dimensions of an intermodal shipping container are 40 feet long, ten feet wide, and ten feet tall.
(Ord. 2000-936; Am. Ord. 2005-1032, passed 2-7-05; Am. Ord. 2007-1081, passed 11-26-07; Am. Ord. 2010-1118, passed 10-4-10; Am. Ord. 2012-1133, passed 3-5-12; Am. Ord. 2012-1143, passed 5-21- 12; Am. Ord. 2014-1177, passed 7-7-14; Am. Ord. 2021-1266, passed 11-8-21; Am. Ord. 2022-1274, passed 4-11-22; Am. Ord. 2023-1291, passed 9-11-23)