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A. Permitted uses: these are the uses which are permitted on property zoned R-4 as outlined on the official zoning map:
1. Multi-family residential dwellings.
B. Accessory uses:
1. Customary accessory buildings and uses.
4. Uses, as listed below, included within and entered from within any use permitted in this zone, primarily as a convenience and for the service of the occupants thereof, providing the accessory uses shall not exceed 10% of the gross floor area of the permitted uses in the building, and no exterior advertising displays for any accessory uses hall be visible from outside the building:
a. Barber or beauty shop.
b. Bookstore or newsstand.
c. Pharmacy or drug store.
d. Professional offices.
e. Snack bar or coffee shop.
f. Hobby shop.
g. Flower shop.
C. Special permitted use:
1. Municipal offices, when developed in conjunction with a permitted use in this zone.
D. Area and height regulations for permitted uses:
1. Minimum lot area:
a. One acre.
b. In the case of this zone, more than one principal building as defined herein may be permitted on one lot.
2. Maximum density: 90 dwelling units per net acre.
3. Minimum lot width at building setback line: 150 feet.
4. Minimum front yard depth: 30 feet.
5. Minimum side yard width on each side of lot: 25 feet.
6. Minimum rear yard depth: 30 feet.
7. Maximum building height: 120 feet.
E. Other development controls:
2. No outdoor storage of any material (usable or waste) shall be permitted in this zone, except within enclosed containers.
3. No lighting shall be permitted which would glare from this zone onto any street, or into any adjacent property.
5. Special infill development standards apply in built-up areas to help ensure that new development is compatible with the surrounding context.
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22)
A. Purpose: the purposes of the Planned Unit Development (PUD) Overlay Zone are to: promote flexibility in design and permit planned diversification in the relationships between location of and types of uses and structures; promote the advantages of modern large scale site planning for community development through the efficient use of land facilitating a more economic arrangement of building , circulation systems, land uses, and utilities; preserve, to the greatest extent possible, the existing landscape features and amenities, and to utilize such features in a harmonious fashion; provide for more usable and suitably located recreation facilities, other public and common facilities than would otherwise be provided under conventional land development procedures, but always with the intention of furthering the public health, safety, and general welfare.
B. General: A Planned Unit Development Overlay Zone may be permitted only to be superimposed over any of the Residential zones, provided that all conditions or provisions of this section of the Ordinance, t applicable requirements of the subdivision regulations, and any additional requirements as may be determined necessary to provide for the most efficient layout of the PUD and its proper integration with the surrounding developments are met; and a public hearing is held on the PUD application.
C. Application and processing: application for Planned Unit Development Overlay Zone shall be processed as follows in two stages:
1. Stage I - Development Plan and Zoning Map Amendment: application for amendment to PUD Overlay Zone shall include a development plan in accordance with the requirements of § 9.20, Stage I Plan requirements.
a. The Planning Commission shall hold a public hearing on the proposed application, in accordance with the requirements of KRS Chapter 424, and review said application with regard to its compliance with the stated purposes of the PUD Overlay Zone, the required elements of the Stage I Development Plan and other applicable requirements of this section. Upon holding a hearing, the Planning Commission shall make one of the following recommendations to the City Council: approval, approval with conditions, or disapproval. The Planning Commission shall submit along with their recommendations a copy of the Stage I Development Plan and the bases for their recommendation.
b. The City Council shall, within (45) days after receiving the recommendations of the Planning Commission, review said recommendations and take action to approve, or disapprove said PUD application. Such action may incorporate any conditions imposed by the City Council. However, should the City Council take action to impose different conditions than were reviewed and considered by the Planning Commission, then said conditions shall be resubmitted to the Planning Commission, for further review and recommendation in accordance with division C.1.a. above. Approval of the PUD Overlay Zone shall require that development be in conformance with the Stage I approved plan.
c. The City Council shall forward a copy of the approved plan to the Planning Commission for further processing in accordance with the requirements for Stage II Plan and record plat.
d. Zoning map amendment. Upon approval of the PUD Overlay Zone, the official zoning map shall be amended by adding the prefix “PUD” to the existing residential Zone (e.g., PUD R-lB PUD-R-lC, and the like) for the area as shown on the Stage I approved plan.
2. a. STAGE II - plan and record plat. A Stage II development plan and record plat shall be developed in conformity with the Stage I approved plan and in accordance with the requirements of § 9.20.B. and C., and submitted to the Planning Commission for its review and approval. Except for the manner of submission and processing the subdivision regulations may be waived, where applicable, and the requirements of § 9.20(B) and (C) shall be substituted therefore. Those requirements not specifically waived by the Planning Commission shall conform with the subdivision regulations.
1) The Planning Commission shall review the submitted Stage II development plan with regard to its compliance with the required elements of § 9.20.B., for Stage II development plans, other applicable elements of this appendix, other applicable regulations, and its conformity with the Stage I approved plan. The Planning Commission, in approving the Stage II plan, may authorize minor adjustments from the Stage I approved plan, provided that the adjustments do not: affect the spatial relationship of structures, change land uses, increase overall density, alter circulation patterns (vehicular and pedestrian) or decrease the amount or usability of open space or recreation areas, or affect other applicable requirements of this appendix.
2) Upon Planning Commission approval of the Stage II plan, the Planning Commission shall review the submitted Record Plat with regard to its compliance with the required elements of subsection E.2, for Record Plats, the applicable requirements of the Subdivision Regulations, and its conformity with the Stage II approved development plan. Upon Planning Commission approval of the Record Plat, copies of said plat, certified by the Planning Commission, and suitable for recording, shall be forwarded by the Planning Commission to the office of the County Clerk to be recorded.
b. Upon approval of the Stage II plan, the Planning commission shall review the submitted record plat with regard to its compliance with the required elements of § 9.20.C., for record plats, the applicable requirements of the subdivision regulations, and its conformance with the Stage II approved plan.
c. Upon Planning Commission approval of the record plat, copies of the plat, certified by the Planning Commission, and suitable for recording, shall be forwarded by the Planning Commission to the office of the County Clerk to be recorded.
D. Residential uses and densities: all types of residential housing units (attached or detached) may be permitted within a PUD Overlay zone, including single-family, two-family, and multi-family units. The density of dwelling units in a PUD, shall be determined by the density (dwelling units per acre) as calculated from the existing residential (R) zone superimposed by the PUD Overlay Zone. This density shall be applied to the total project area excluding that land devoted to commercial uses and streets (public and private).
E. Area requirements: no PUD Overlay Zone shall be permitted on less than ten acres of land. However, development of a smaller tract adjacent to an existing PUD Overlay Zone, may be permitted, if the proposed development conforms to and extends the original development as if the new area had been a part of the original development.
F. Height, yard and setback regulations: requirements shall be as approved in the Plan.
H. Fences, walls, and signs: the location, height, and type of all fences, walls, and signs shall be as approved in the Plan.
I. Erosion and sedimentation control: effective erosion and sedimentation controls shall be planned and applied in accordance with § 9.8.
J. Common open space - recreation area: at least 20% of the total acreage of the proposed PUD shall be retained as common open space and recreation area, and dedicated to a public and/or private entity for operation and maintenance. Such open space and recreation areas shall be physically situated so as to be readily accessible, available to, and usable by all residents of the PUD. Common open space and recreation area shall be that part of the total project exclusive of dwellings, streets, parking areas, single-family lots, commercial areas, and other non-open space and non-recreational oriented facilities.
K. Amendments: any amendments to plans, except for the minor adjustments which may be permitted by the Planning Commission, shall be made in accordance with the procedure required by this appendix, subject to the same limitations and requirements as those under which such plans were originally approved.
L. Expiration: any amendment to PUD Overlay Zone shall be subject to the time constraint, as noted below. Upon expiration of the time period and any extension thereto, the City Council may initiate a request for a public hearing by the Planning Commission, in accordance with the requirements of KRS Chapter 100, for the purpose of determining whether said PUD Overlay Zone should revert to its original zoning designation. A public hearing may be initiated if either of the following conditions apply:
1. Stage II Plan has not been approved by the Planning Commission within a period of twelve (12) consecutive months from the date of the Stage I approved Development Plan on Overlay Zone Amendment by the City Council; provided that an extension may be permitted upon approval of the City Council or its duly authorized representative if sufficient proof can be demonstrated that prevailing conditions have not changed appreciable to render the Stage I approved plan obsolete.
2. Substantial construction has not been initiated within a period of 12 months from the date of approval of the Stage II Plan by the Planning Commission; provided that an extension may be permitted upon approval of the City Council or its duly authorized representative if sufficient proof can be demonstrated that the construction was delayed due to circumstances beyond the applicant’s control, and that prevailing conditions have not changed appreciably to render the Stage I approved Development Plan obsolete. The amount of construction constituting initiating substantial construction shall be as approved in the Stage I approved plan.
(Ord. 2017-6, passed 4-4-17)
A. Purpose: the purposes of the Residential Cluster Development (RCD) Overlay Zone are to provide a means whereby clusters of attached and detached single-family residential units may be constructed in the R-1 Residential Zones, and therein, through a development plan, permit a wide flexibility in the design, location, siting of buildings, in order to provide for, to the greatest extent possible, the preservation of hillside areas, and other natural geographic and topographic features, and to provide for more usable and suitable located recreation facilities and open space than would otherwise be provided under conventional R-1 residential land development procedures.
B. General: a Residential Cluster Development Overlay Zone may be permitted only to be superimposed over any of the R-1 Residential Zones, provided that all conditions on provisions of this section of the ordinance the applicable requirements of the subdivision regulations, and any additional requirements as may be determined necessary to provide for the most efficient layout of the RCD overlay zone and its proper integration with the surrounding development are met; and a public hearing is held on the RCD application.
C. Application and processing: applications for Residential Cluster Development Overlay Zone shall be processed as follows in two stages:
1. STAGE I Development Plan and Zoning Map Amendment. Application for amendment to RCD Overlay Zone shall include a development plan in accordance with the requirements of § 9.20.A, Stage I Plan Requirements.
a. The Planning Commission shall hold a public hearing on the proposed application, duly noticed, in accordance with the requirements of KRS Chapter 424, and review said application with regard to its compliance with the stated purposes of the RCD Overlay Zone, the required elements of the Stage I Plan and other applicable requirements of this section. Upon holding such hearing, the Planning Commission shall make one of the following recommendations to the legislative body; approval, approval with condition of disapproval. The planning commission shall submit along with their recommendations a copy of the Stage I Plan and the bases for their recommendations.
b. The City Council shall, within 45 days after receiving the recommendations of the Planning Commission, review said recommendation and take action to approve or disapprove said RCD application. Such action may incorporate any conditions imposed by the City Council. However, should the City Council take action to impose different conditions than were reviewed and considered by the Planning
Commission then said conditions shall be resubmitted to the Planning Commission for further review and recommendations in accordance with division C.1.a. above. Approval of the RCD Overlay Zone shall require that development be in conformance with the Stage I approved plan.
c. The City Council shall forward a copy of the approved plan to the Planning Commission for further processing in accordance with the requirement for Stage II Plan and record plat.
d. Zoning map amendment - upon approval of the RCD Overlay Zone, the official zoning map shall be amended by adding the prefix “RCD” to the existing residential (R-1) Zone (such as RCD-R-1B, RCD-R-1C, and so on) for the area as shown on the Stage I approved plan.
2. Stage II Development Plan and Record Plat: a Stage II Plan
and record plat shall be developed in conformance with the Stage I approved plan and in accordance with the requirements of § 9.20.B. and C., and submitted to the Planning Commission for its review and approval. Except for the manner of submission and processing, the subdivision regulations may be waived, where applicable, and the requirements of § 9.20.B. and C. shall be substituted therefore. Those requirements not specifically waived by the Planning Commission shall conform with the subdivision regulations.
a. 1) The Planning Commission shall review the submitted Stage II Plan with regard to its compliance with the required elements of § 9.20.B., for Stage II development plans, other applicable elements of this appendix, other applicable regulations, and its conformity with the Stage I approved plan. The Planning Commission, in approving the Stage II Plan, may authorize minor adjustments from the Stage I approved plan, provided that the adjustments do not: change land uses, increase overall density, significantly alter circulation patterns (vehicular and pedestrian) or decrease the amount or usability of open space or recreation areas or affect other applicable requirements of this appendix.
2) Upon Planning Commission approval of the Stage II Plan, a copy of the Plan, shall be forwarded to the City Inspector/Zoning Administrator, who shall grant permits only in accordance with the Stage II approved plan and other plans as may be required by this appendix.
b. 1) Upon approval of the Stage II Plan, the Planning Commission shall review the submitted record plat with regard to its compliance with the required elements of § 9.20.C., for record plats, the applicable requirements of the subdivision regulations, and its conformance with the Stage II approved plan.
2) Upon Planning Commission approval of the record plat, copies of the plat, certified by the Planning Commission, and suitable for recording, shall be forwarded by the Planning Commission to the office of the County Clerk to be recorded.
D. Residential uses and densities: attached and detached single-family dwellings may be permitted, including customary accessory uses to the permitted residential uses, within a RCD Overlay zone. The density of dwelling units in a RCD, shall be determined by the density (dwelling units per net acre) as calculated from the existing residential R-1 zone superimposed by the RCD Overlay Zone. This density shall be applied to the total project area excluding that land devoted to streets (public and private).
E. Area requirements: except as herein provided, no RCD Overlay Zone shall be permitted on less than five acres of land. Development of a smaller tract adjacent to an existing RCD Overlay Zone may be permitted, if the proposed development conforms to and extends the original development as if the new area had been a part of the original development. In addition, the RCD Overlay Zone may be permitted on less than five acres, if approved by the Planning Commission, according to the following criteria:
1. The proposed development tract would be well integrated with adjacent development so that it would not adversely affect adjacent development;
2. The limited size of the proposed development tract would not result in the creation of properties which would be unusable or which would be isolated by this development.
3. The proposed development would connect to or extend existing circulation systems (vehicular and pedestrian) and not create a traffic hazard;
4. The proposed development, including accessory uses would be designed so that any noise-creating activities or visually unattractive areas (such as dumpsters) would be buffered from adjacent properties; and
5. The proposed development tract would be a logical parcel of land for development and not be a series of fragmented parcels intermixed with existing development.
F. Height, yard and setback regulations: requirements shall be as
approved in the plan.
H. Fences, walls, and signs: the location, height and type of all fences, walls, and signs shall be as approved in the plan.
I. Erosion and sedimentation control: effective erosion and sediment controls shall be planned and applied in accordance with § 9.8.
J. Common open space - recreation area: at least 20% of the total acreage of the proposed RCD shall be retained as common open space and recreation area, and dedicated to a public or private entity for operation and maintenance. The open space and recreation areas shall be physically situated so as to be readily accessible, available to, and usable by all residents of the RCD. Common open space and recreation area shall be that part of the total project exclusive of dwellings, streets, parking areas, single-family lots, commercial areas, and other non-open space and non-recreationally oriented facilities.
K. Amendments: any amendments to plans, except for the minor adjustments which may be permitted by the Planning Commission, shall be made in accordance with the procedure required by this appendix, subject to the same limitations and requirements as those under which such plans were originally approved.
L. Expiration: any amendment to RCD Overlay Zone shall be subject to the time constraints, as noted below. Upon expiration of the time period and any extensions thereto, the City Council may initiate a request for a public hearing by the Planning Commission, in accordance with the requirements of KRS Chapter 100, for the purpose of determining whether said RCD Overlay Zone should revert to its original zoning designation. A public hearing may be initiated if either of the following conditions apply:
1. A Stage II Plan has not been approved by the Planning Commission within a period of 24 consecutive months from the date of the Stage I approved plan and RCD Overlay Zone amendment by the City Council; provided that an extension may be permitted upon approval of the legislative body or their duly authorized representative if sufficient proof can be demonstrated that prevailing conditions have not changed appreciably to render the Stage I approved plan obsolete.
2. Substantial construction has not been initiated within a period of 12 consecutive months from the date of approval of the Stage II Plan by the Planning Commission; provided than an extension may be permitted upon approval of the City Council or its duly authorized representative if sufficient proof can be demonstrated that the construction was delayed due to circumstances beyond the applicant’s control, and that prevailing conditions have not changed appreciably to render the Stage I approved plan obsolete. The amount of construction constituting initiating substantial construction shall be as approved in the Stage I approved plan.
(Ord. 2017-6, passed 4-4-17)
A. Purpose: the purposes of the Central Business District (CBD) Zone are to:
1. Provide for planned business district of special interest to the proper development of the city;
2. Promote the revitalization of the existing business district of the city;
3. Promote flexibility in the design and development of the business district, in a planned and coordinated fashion; and
4. Provide for the neighborhood commercial-type needs of the city and the surrounding area.
B. Criteria for evaluation of development in the CBD: in order to encourage and guide the development of the city’s business district in a way that will result in a coordinated approach to the entire area and ensure its proper integration into the surrounding community, the following criteria shall be used as the basis to evaluate any new development, including expansions or changes to existing development, in the area zoned CBD (refer to Figure 1 of this section, which illustrates some of these criteria):
1. High intensity retail/service (for example, high activity or traffic generators) uses shall be encouraged to locate adjacent to Sixth Avenue;
2. Pedestrian access shall be encouraged/promoted along Sixth Avenue via the provision of continuous sidewalks, crosswalks, and pedestrian resting areas or shelter areas;
3. Vehicular access shall be encouraged along the periphery of the CBD Zone boundaries (such as 5th, 7th, McKinney and Berry Streets, and the alleys);
4. Curb cuts directly onto Sixth Avenue will be severely restricted in order to promote the pedestrian (mall-type) orientation of Sixth Avenue (State Route 8) as the major arterial street through the city. Access is to be encouraged from existing streets intersecting with Sixth Avenue, the alleys, or fifth or Seventh Avenues;
5. The existing alleys should be utilized for the provision of off-street parking or loading areas via the resurfacing and widening of the alleys;
6. Pedestrian links should be provided from parking along the alleys or from off-street parking facilities to the primary activity areas;
7. Those areas within the CBD Zone which are adjacent to existing residential development, specifically the areas abutting 5th and 7th Streets are transitional areas between the high intensity commercial development along Sixth Avenue and the residential development. Every effort should be made to utilize these areas for off-street parking facilities to provide a transition (or buffer area) as well as encourage access on the periphery of the business district. Any other type of development in these areas should be designed in a manner as to be beneficial to the business area and not be detrimental to those areas which are zoned for residential uses;
8. The fagade treatment of buildings including the utilization of sings, in the CBD Zone should be relatively uniform in design and type of materials in order to improve the overall attractiveness of the business district;
9. The orientation of commercial buildings should be towards the alley as well as towards Sixth Avenue (front, rear, or side entrance) in order to promote the best utilization of the alleys and the safety or ease of access for customers;
10. Areas adjacent to existing residences should be landscaped to protect the existing residential development. Lighting should be provided for the safety of customers, but should not glare onto adjacent residences. Wherever possible, areas within the CBD Zone should also be landscaped to improve the attractiveness of the business district;
11. Private off-street parking facilities shall be located within a reasonable walking distance of the use they are intended to serve.
C. Permitted uses: these are the uses which are permitted on property zoned CBD as outlined on the official zoning map providing that they are in general conformance with the CBD plan:
1. Retail sales and service businesses as listed below:
a. Adult day care center or facility;
b. Advertising agency;
c. Antique shop;
d. Apparel shop;
e. Art supplies;
f. Automobile service center;
g. Bait shop;
h. Bakery and bakery goods store where the products are sold exclusively on the premises;
i. Banks and other financial institutions including savings, loan, finance companies;
j. Barber shops;
k. Beauty shops;
l. Book, stationary, and gift shop;
m. Bus shelter;
n. Camera and photographic supplies;
o. Candy, soda fountain and ice cream stores;
p. Carpet and rug stores;
q. Ceramic shop;
r. Delicatessen;
s. Drug store;
t. Dry cleaners and laundromats;
u. Eating and drinking places;
v. Employment agencies;
w. Florist;
x. Food store;
y. Funeral home and parlors;
z. Furniture store including upholstery;
aa. Garden supplies;
bb. Glass, china, or pottery store;
cc. Haberdashery;
dd. Hardware store;
ee. Health spas;
ff. Hobby shops;
gg. Household and electrical appliance store (including incidental repair);
hh. Interior design/decorating store;
ii. Jewelry store (including repair);
jj. Leather goods and luggage store;
kk. Locksmith shop;
ll. Music, musical instruments, and records store (including incidental repair);
mm. Office appliances and supplies store;
nn. Offices (such as realtors, private consulting firms, medical, dental, legal);
oo. Off-street parking lots and parking garages;
pp. Opticians and optical supplies;
qq. Package liquor and alcoholic beverage store;
rr. Paint and wallpaper store;
ss. Pet shops, excluding boarding and outside runs;
tt. Plant shop;
uu. Printing shop;
vv. Radio and television stores, including repair;
ww. Service station, including auto repair facilities;
xx. Shoe store and repair;
yy. Sporting goods;
zz. Studios for professional work on teaching of any form of fine arts, photography, music, drama or dance;
aaa. Tailor shop;
bbb. Toy store;
ccc. Travel bureau; and
ddd. Variety store, including notations and five and ten stores.
2. Public and semi-public uses as listed below:
a. Fire and police stations;
b. Civic building, community center, public administration building or public parks;
c. Library; and
d. Existing churches
3. Residential dwelling units, second and third floors or attached to the rear of a commercial use.
4. Single family residences.
D. Conditional uses:
1. Child day care facilities;
2. Tattoo and body piercing establishments.
3. Drive-through facilities may be provided subject to the following requirements:
a. Access management controls be utilized to protect existing pedestrian and vehicular flows, including the limitation or closure of curb cuts.
b. The proposed drive-through window for ordering or pick up will not be on a building elevation that abuts a residential zone.
c. The drive-through may only operate between the hours of 7:00 a.m. and 7:00 p.m.
E. Accessory uses: the following uses shall be permitted as accessory uses in conjunction with a permitted use in the CBD Zone, providing they are in general conformance with the criteria for evaluation of development in the CBD:
1. Fences and walls, as indicated on the required site plan and approved by the Planning Commission;
3. Customary accessory buildings or uses.
F. Area, height, and yard requirements: requirements for all permitted and accessory uses shall be as approved by the Planning Commission, in the form of a site plan, as regulated by § 9.19 and provided that the proposed improvements are in general conformance with the criteria for evaluation of development in the CBD.
1. Off-street parking and loading or unloading areas shall not be required to be located on the same zoning lot as the proposed improvements, but shall be located within the area zoned CBD and in general conformance with the criteria for evaluation or development in the CBD;
2. The applicant/owner/developer of the proposed improvement shall provide the required number of off-street parking spaces as provided for in this appendix, except that a fee may be paid to the Dayton Parking Authority if approved by the Planning and Zoning Commission in lieu of all or part of the required number of spaces for the provision of public parking facilities.
H. Zoning permit access:
1. Application for a zoning permit to authorize any construction, reconstruction or alteration of any building or other improvement in the CBD Zone, shall be filed with the City Inspector/Zoning Administrator. The application shall be accompanied with a site plan, in accordance with § 9.19, indicating the proposed improvements to be made;
2. The City Inspector/Zoning Administrator shall submit the site plan to the Planning Commission for their review, who shall make a determination whether or not the proposed improvements (new construction, an addition to existing development, accessory uses, parking, and the like) are in general conformance with those criteria, and all other applicable requirements of this appendix are met, the Planning Commission shall approve the plan and authorized the City Inspector/Zoning Administrator to issue a zoning permit for the proposal;
3. If the Planning Commission determines that the proposed improvements are not in general conformance with the criteria for evaluation of development in the CBD, it shall be disapproved and a zoning permit shall not be issued unless the site plan is revised, which would result in the proposed improvements becoming in general conformance with the criteria for evaluation of development in the CBD.
I. Site plan variations to the criteria for evaluation of development in the CBD: when reviewing the site plan for a proposed improvement, the Planning Commission may approve a site plan that includes minor variations from the criteria for evaluation of development in the CBD provided that the variation does not adversely affect or develop other criteria.
J. Other development controls:
1. No outdoor storage of any material (usable or waste) shall be permitted in this zone except within enclosed containers;
2. No lighting shall be permitted which would glare from this zone onto any street or into any residential area;
3. No use producing objectionable odors, noise, or dust, as protect and adjacent residential uses and approved by the Planning Commission, shall be permitted in this zone;
4. Screening areas shall be provided where necessary to protect adjacent residential uses and approved by the Planning Commission according to the required site plan;
5. All business activities permitted within this zone shall be conducted within a completely enclosed building with the exception of off-street parking and loading or unloading areas, gas pumps, incidental minor auto repairs (such as changing tires), mobile food vending, and outdoor dining.
Figure 1:
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2017-5, passed 4-4-17; Am. Ord. 2019-4, passed 3-5-19; Am. Ord. 2019-10, passed 5-7-19
; Am. Ord. 2021-15, passed 9-7-21
)
1. Except for those uses that decompose by detonation, the manufacturing, compounding, processing, and assembling of the following products:
a. Food and beverage products, including bottling, packaging and canning.
b. Tobacco and smoking products.
c. Cosmetics, pharmaceuticals and toiletries.
d. Household appliances.
e. Electrical machinery, equipment and supplies.
f. Furniture and fixtures.
g. Office equipment.
h. Instruments for professional, scientific, or artistic use.
i. Metal products, finishing, welding, and stamps, excluding the use of blast furnaces or drop forges.
j. Toys, novelties, jewelry, household waters.
k. Pottery, glass, or ceramics, using kilns fired with electric or gas.
l. Textile and leather products.
2. Engineering, laboratories and related offices.
3. Laundries and dry-cleaning plants.
4. Machine shops.
5. Printing, engraving, and related reproduction processes.
6. Government offices, maintenance shops or garages, including police and fire stations.
7. Technical or trade schools.
8. Electronics, including hardware and software development.
B. Accessory uses:
1. Customary accessory buildings and uses, including operations required to maintain or support any use permitted in this zone on the same lot as the permitted use, such as maintenance shops, power plants, and machine shops.
1. Churches.
2. Public utility stations.
D. Area and height regulations, general: any site proposed for development in this zone must have access to an approved “industrial street” (internal or collector). In addition, all development must conform to the following:
1. Minimum lot area within minimum tract: - 11,000 square feet.
2. Minimum lot width at building setback lines - 80 feet.
3. Minimum front yard depth - 5 feet.
4. Minimum side yard width on each side of lot - 5 feet.
5. Minimum rear yard depth: 5 feet.
6. Maximum Building Height - 40 feet or three stories.
E. Other development controls:
2. No lighting shall be permitted which would glare from this zone onto any street or into any adjacent property.
3. Where any permitted use in this zone abuts a residential zone, a minimum yard 15 feet is required from the abutting residential property. Rear and side yards that abut a residential property shall have Class 5 fencing as regulated in Article XIII.
4. A site plan as regulated by § 9.19 shall be required for any permitted use, substantial external modification or addition in this zone.
5. All vehicles, equipment, materials, and supplies used in connection with or repaired or worked as a component of the operation of the business must be parked or stored on the premises of the business, or in accordance with Article XI of this appendix. Vehicles, equipment, materials, and supplies shall not be packed or stored on city streets, sidewalks, public property, or public rights- of-way.
6. Uses that include the rendering or refining of fats and oils on site are prohibited.
7. Uses that include animal or poultry slaughtering and/or dressing on site are prohibited.
8. Uses involving the storage and/or distribution of materials or products not manufactured on the premises (i.e., warehousing and distribution uses) are prohibited unless these materials or products are used by the business in an on-premises manufacturing process.
9. Uses must comply with all local, state, and federal regulatory standards for performance, including, but not limited to, noise, vibration and air quality.
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-4, passed 4-19-22)
A. Purpose: the purpose of the Neighborhood Commercial District (NCD) Zone is to:
1. Provide for planned business district of special interest to the proper development of the city;
2. Promote the revitalization of the existing business district of the city;
3. Promote flexibility in the design and development of the business district, in a planned and coordinated fashion; and
4. Provide for the neighborhood commercial-type needs of the city and the surrounding area.
B. Criteria for evaluation of development in the NCD: in order to encourage and guide the development of the city’s business district in a way that will result in a coordinated approach to the entire area and ensure its proper integration into the surrounding community, the following criteria shall be used as the basis to evaluate any new development, including expansions or changes to existing development, in the area zoned NCD (refer to Figure 1 of § 10.15, which illustrates some of these criteria):
1. High intensity retail/service (for example, high activity or traffic generators) uses shall be encouraged to locate adjacent to Sixth Avenue;
2. Pedestrian access shall be encouraged/promoted along Sixth Avenue via the provision of continuous sidewalks, crosswalks, and pedestrian resting areas or shelter areas;
3. Those areas within the NCD Zone which are adjacent to existing residential development, specifically the areas abutting 5th and 7th Streets are transitional areas between the high intensity commercial development along Sixth Avenue and the residential development. Every effort should be made to utilize these areas for off-street parking facilities to provide a transition (or buffer area) as well as encourage access on the periphery of the business district. Any other type of development in these areas should be designed in a manner as to be beneficial to the business area and not be detrimental to those areas which are zoned for residential use;
4. The facade treatment of buildings including the utilization of sings in the NCD Zone should be relatively uniform in design and type of materials in order to improve the overall attractiveness of the business district;
5. The orientation of commercial buildings should be towards 5th Avenue as well as towards Sixth Avenue (front, rea, or side entrance) in order to promote the best utilization of 5th Avenue and the safety or ease of access for customers.
6. Areas adjacent to existing residences should be landscaped to protect existing residential development. Lighting should be provided for the safety of customers, but should not glare onto adjacent residences. Whenever possible, areas within the NCD Zone should also be landscaped to improve the attractiveness of the commercial district.
7. Private off-street parking facilities shall be located within a reasonable walking distance of the use they are intended to serve.
C. Permitted uses: these are the uses which are permitted on property zoned NCD as outlined on the official zoning map providing that they are in general conformance with the NCD plan:
1. Retail sales and service businesses as listed below:
a. Advertising agency;
b. Antique shop;
c. Apparel shop;
d. Art supplies;
e. Automobile service center;
f. Bait shop;
g. Bakery and bakery goods store where the products are sold exclusively on the premises;
h. Banks and other financial institutions including savings, loan, finance companies;
i. Barber shops;
j. Beauty shops;
k. Book, stationary, and gift shop;
l. Bus shelter;
m. Camera and photographic supplies;
n. Candy, soda fountain and ice cream stores;
o. Carpet and rug stores;
p. Ceramic shop;
q. Delicatessen;
r. Drug store;
s. Dry cleaners and laundromats;
t. Eating and drinking places;
u. Employment agencies;
v. Florist;
w. Food store;
x. Furniture store including upholstery;
y. Garden supplies;
z. Glass, china, or pottery store;
aa. Haberdashery;
bb. Hardware store;
cc. Health spas;
dd. Hobby shops;
ee. Household and electrical appliance store (including incidental repair);
ff. Interior design/decorating store;
gg. Jewelry store (including repair);
hh. Leather goods and luggage store;
ii. Locksmith shop;
jj. Music, musical instruments, and records store (including incidental repair);
kk. Office appliances and supplies store;
ll. Offices (such as realtors, private consulting firms, medical, dental, legal);
mm. Off-street parking lots and parking garages;
nn. Opticians and optical supplies;
oo. Package liquor and alcoholic beverage store;
pp. Paint and wallpaper store;
qq. Pet shops, excluding boarding and outside runs;
rr. Plant shop;
ss. Printing shop;
tt. Radio and television stores, including repair;
uu. Service station, including auto repair facilities;
vv. Shoe store and repair;
ww. Sporting goods;
xx. Studios for professional work on teaching of any form of fine arts, photography, music, drama or dance;
yy. Tailor shop;
zz. Toy store;
aaa. Travel bureau; and
bbb. Variety store, including notations and five and ten stores.
2. Residential dwelling units, second and third floors or attached to the rear of a commercial use.
D. Accessory uses: the following uses shall be permitted as accessory uses in conjunction with a permitted use in the NCD Zone, providing they are in general conformance with the criteria for evaluation of development in the NCD:
1. Fences and walls as indicated on the required site plan and approved by the Planning Commission;
3. Customary accessory buildings or uses;
4. Outdoor eating and drinking area with a capacity of no more than 20 seats;
5. Mobile food vending vehicle as an accessory use to a permitted non-residential use.
E. Conditional uses.
1. Area, height, and yard requirements: requirements for all permitted and accessory uses shall be as approved by the Planning Commission, in the form of a site plan, as regulated by § 9.19 and provided that the proposed improvements are in the general conformance with the criteria for evaluation of development in the NCD.
2. Outdoor eating and drinking areas with more than 20 seats, provided that such area meets the following minimum requirements:
a. Such area shall be designed to clearly identify the limits of the outdoor dining area.
b. Such area shall not exceed 70% of the maximum seating capacity of the premises and the total number of outdoor seats shall not exceed 75.
c. Accessory structures associated with the use shall not be permitted to locate within any minimum required front, side, or rear yards, except where a variance has been approved by the Board of Adjustment.
F. Off-street parking and loading or unloading areas: off-street parking and loading or unloading areas shall be provided in accordance with §§ 11.0 through 12.2, except for the following: the applicant/owner/developer of the proposed improvement shall provide the required number of off-street parking spaces as provided for in this appendix.
G. Zoning permit process:
1. Application for a zoning permit to authorize any construction, reconstruction, or alteration of any building or other improvement in the NCD Zone, shall be filed with the City Inspector/Zoning Administrator. The application shall be accompanied with a site plan, in accordance with § 9.19, indicating the proposed improvements to be made.
2. The City Inspector/Zoning Administrator shall submit the site plan to the Planning Commission for their review, who shall make a determination whether or not the proposed improvements (new construction, and addition to existing development, accessory uses, parking, and the like) are in general conformance with the criteria for evaluation of development in the NCD. If it is determined that the proposed improvements are in general conformance with these criteria, and all other applicable requirements of this appendix are met, the Planning Commission shall approve the plan and authorize the City Inspector/Zoning Administrator to issue a zoning permit for that proposal.
3. If the Planning Commission determines that the proposed improvements are not in general conformance with the criteria for evaluation of development in the NCD it shall be disapproved and a zoning permit shall not be issued unless the site plan is revised, which would result in the proposed improvements becoming in general conformance with the criteria for evaluation of development in the NCD.
H. Site plan variations to the criteria for evaluation of development in the NCD: when reviewing the site plan for a proposed improvement, the Planning Commission may approve a site plan that includes minor variations from the criteria for evaluation of development in the NCD provided that the variation does not adversely affect or negate other criteria.
I. Other development controls:
1. No outdoor storage of any material (usable or waste) shall be permitted in this zone except within enclosed containers;
2. No lighting shall be permitted which would glare from this zone onto any street or into any residential zone;
3. No use producing objectionable odors, noise, or dust, as determined by the Planning Commission shall be permitted in this zone.
4. Screening areas shall be provided where necessary to protect adjacent residential uses and approved by the Planning Commission according to the required site plan.
5. All business activities permitted within this zone shall be conducted within a completely enclosed building with the exception of off-street parking and loading or unloading areas, gas pumps, incidental minor auto repairs (such as changing tires), mobile food vending under D. 5., and outdoor dining under D. 4. or E. 2.
J. Conditional uses:
1. Drive-through facilities may be provided subject to the following requirements:
a. Access management controls be utilized to protect existing pedestrian and vehicular flows, including the limitation or closure of curb cuts.
b. The proposed drive-through window for ordering or pick up will not be on a building elevation that abuts a residential zone.
c. The drive-through may only operate between the hours of 7:00 a.m. and 7:00 p.m.
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2019-4, passed 3-5-19; Am. Ord. 2019-10, passed 5-7-19; Am. Ord. 2021-15, passed 9-7-21)
1. The manufacturing, compounding, processing, packing or assembling of sand and gravel including storage.
2. Carpet and rug cleaning and dry cleaning.
3. Building materials sales yards.
4. Enclosed storage.
5. Contractors’ offices and accessory storage yards, including storage of general construction equipment and vehicles.
6. Crating services.
7. Industrial engineering consultant offices.
8. Laboratories, offices and other facilities for research both basic and applied, conducted by or for an industrial organization or concern, whether public or private.
9. Public utilities rights-of-way and pertinent structures.
10. Railroad facilities, including passengers and freight terminals, marshalling yards, maintenance shops and roundhouse.
11. Schools for industrial or business training.
12. Wholesale and retail stores.
13. Restaurants.
14. Profit or nonprofit recreational business.
B. Accessory uses:
1. Customary accessory buildings and uses including operations required to maintain or support any use permitted in this zone on the same lot as the permitted use, such as maintenance shops, power plants, and machine shops.
C. Area and height regulations:
1. Minimum tract for industrial development: one-fourth acre, except where area restrictions are less, as identified in the adopted comprehensive plan; however, development of a smaller tract adjacent to an existing approved site may be permitted providing the proposed development conforms to and extends the original development as if the site has been a part of the originally approved site plan layout.
2. Minimum lot area within minimum tract - one-fourth acre.
3. Minimum Front Yard Depth - 10 feet.
4. Minimum Side Yard Width - 10 feet.
5. Minimum Rear Yard Depth - 10 feet, except that no rear yard is required where a rail spur forms the rear property line.
6. Maximum Building Height - 40 feet.
D. Other development controls:
2. Where any yard of any use permitted in this zone abuts a residential zone, a minimum yard requirement of ten (10) feet for each side, front, or rear yard.
3. A site plan, as regulated by § 9.19 shall be required for any use in this zone.
(Ord. 2017-6, passed 4-4-17)
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