§ 4.800 ALLOWED USES.

   The table on the following pages sets forth the uses permitted within the nonresidential districts.

(Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012)

§ 4.801 KEY TO TABLE DESIGNATIONS.

   (a)   Permitted uses (P). A “P” in a cell indicates that a use is allowed by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this zoning ordinance. A “P*” in any cell means that supplemental use standards apply. (Refer to Supplemental Use Standards, Chapter 5, Article 1, Standards for Selected Uses.) The specific section number of the standard is noted in the right-hand column, titled “Supplemental Standards.”

   (b)   Special exception uses (SE). An “SE” in a cell indicates that a use is allowed only if reviewed and approved as a special exception use, in accordance with the review procedures of Chapter 3, Article 3. An “SE*” in any cell means that supplemental use standards apply. (Refer to Supplemental Use Standards, Chapter 5, Article 1, Standards for Selected Uses.) The specific section number of the standard is noted in the right-hand column, titled “Supplemental Standards.”

   (c)   Conditional use permit (CUP). A "CUP" in a cell indicates that the use is allowed only if reviewed and approved as a conditional use permit, in accordance with the review procedures in Chapter 4, Article 4. A CUP* in any cell means that supplemental use standards apply.

   (d)   Uses not allowed. An empty cell indicates that a use is not allowed in the respective zoning district. Provided however, an application for a conditional use permit may be made for any land use not permitted in any district in accordance with the review procedures in Chapter 4, Article 4.

   (e)   Supplemental use standards (*). The numbers contained in the right-hand column of the table are references to additional standards and requirements (refer to Supplemental Use Standards, Chapter 5, Article 1, Standards for Selected Uses) that may apply to the use listed. Standards referenced in this column apply only in zoning districts where the designation includes a “*.”

   (f)   Use also included on residential district use table (<<). The “<<“ symbol in the second column from the right indicates this use can also be found in the Residential District Use Table in Article 6.

(Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012; Ord. 23609-03-2019, § 3, passed 3-19-2019)

§ 4.802 UNLISTED USES.

   Additional uses have been interpreted as part of or similar to many of the uses listed in the table. The full list of such uses is included in Appendix C, Use Index. If a use is not listed, then the zoning administrative official shall, upon request of any interested party, make a determination within which district, if any, a proposed use should be allowed.

(Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012; Ord. 23110-02-2018, § 5, passed 2-6-2018)

§ 4.803 NON-RESIDENTIAL DISTRICT USE TABLE.

Note: To view 4.803 Uses Table in PDF, click 4.803 TABLE

4.803 Uses

4.803 Nonresidential District Use Table

Nonresidential Uses

Commercial

Industrial

Special Districts

In Res. Table

Supplemental Standards

ER

E

FR

F

G

H

I

J

K

AG

Cf

O-1

O-2

PD/CUP

Household Living

One-family detached dwelling

P*

<<

4.200 (AG) lots not > 10,000 sq. ft.

One-family attached (townhouse, rowhouse)

P

<<

Multifamily dwelling apartment

P

<<

One dwelling unit when part of a business (also considered residence for security purposes)

P

P

P

P

P

P

P

Group Living

Boarding home facility

P

P

P

P

P

P

P

P

P

5.153

Community home

P*

<<

5.115

Group home I

P*

<<

5.115

Group home II

P*

<<

5.115

Halfway house

CUP *

<<

5.147

Shelter

CUP *

<<

5.155

PUBLIC AND CIVIC USES

Education

College or university

P

P

P

P

P

P

P

P

P

Day care center (child or adult)

P

P

P

P

P

P

P

P

P

P

<<

School, elementary or secondary (public or private)

P

P

P

P

P

P

P

P

P

P

P

<<

Government

Animal shelter

P

Correctional facility

P

P

P

Government maintenance facility

P

P

P

P

P

Government office facility

P

P

P

P

P

P

P

P

P

P

P

<<

Governmental vehicle storage/junkyard

P

P

Museum, library or fine art center

P

P

P

P

P

P

P

P

P

P

P

<<

Probation or parole office

P*

P*

P*

P*

P*

P*

P*

5.127

Health Care Facilities

Ambulance dispatch station

P

P

P

P

P

P

P

P

P

P

<<

Assisted living facility

P

P

P

P

P

P

P

P

P

Blood bank

P

P

P

P

P

P

P

P

Care facility

P

P

P

P

P

P

P

P

P

P

Health services facility, including doctor's office or medical clinic

P

P

P

P

P

P

P

P

P

P

Hospice

P

P

P

P

P

P

P

P

P

P

<<

Hospital

P

P

P

P

P

P

P

P

P

P

Massage therapy and spa

P

P

P

P

P

P

P

P

P

<<

Nursing home (with full medical services)

P

P

P

P

P

P

P

P

P

<<

Recreation

Center, community recreation or welfare

P

P

P

P

P

P

P

P

P

P

P

P

P

<<

Center, community recreation or welfare, private or non-profit

P

P

P

P

P

P

P

P

P

P

P

P

P

<<

Country club (private)

P

P

P

P

P

P

P

P

P

P

P

CUP

CUP

<<

Country club (public)

P

P

CUP

CUP

Golf course

P

P

P

P

P

P

P

P

P

P

P

<<

Golf driving range

P

P

P

P

P

P

P

P

P

P

Park or playground (public or private)

P

P

P

P

P

P

P

P

CUP

P

P

P*

<<

4.204(d)

Religious

Place of worship

P

P

P

P

P

P

P

P

P

P

P

<<

Utilities

Electric power substation

CUP

CUP

CUP

CUP

CUP

CUP

CUP

P

P

P

CUP

CUP

CUP

PD

<<

Gas lift compressor stations

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

Ch. 15, Gas city code, 5.140

Gas line compressor stations

P*

P*

P*

PD

Ch. 15, Gas city code, 5.140

Power plant or central station light

P

P

P

SE

Stealth telecommunications towers

SE*

P*

P*

P*

P*

P*

P*

P*

P*

SE*

SE*

SE*

SE*

<<

5.137

Telecommunications antenna (on structure)

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

SE*

SE*

<<

5.136

Utilities

Telecommunications tower

SE*

SE*

SE*

SE*

P*

P*

P*

P*

SE*

SE*

SE*

SE*

<<

5.137

Utility transmission or distribution line

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

<<

5.140

Wastewater (sewage) treatment facility

P

P

P

CUP

Water supply, treatment or storage facility

CUP

CUP

CUP

CUP

CUP

CUP

P

P

P

P

P

PD

<<

Entertainment and Eating

Amusement, indoor

P

P

P

P

P

P

P

P

Amusement, outdoor

P

P

P

P

P

P

P

CUP

Baseball/softball facility; other ball fields (commercial)

P

P

P

Bowling alley

P

P

P

P

P

P

P

Bar, tavern, cocktail lounge, club, private or teen, dance hall

P

P

P

P

P

P

Circus

P

P

CUP

Club, commercial or business

P

P

P

P

P

P

P

Drive-in restaurant or business

CUP

P*

P*

P*

P*

P*

P*

P*

P*

5.112

Event center or rental hall

P

P

P

P

P

P

P

P

Gambling facility (including bingo)

CUP*

Game rooms

PD

PD

PD

4.305(c)

Health or recreation club

P

P

P

P

P

P

P

P

P

Indoor recreation

P

P

P

P

P

P

P

Lodge or civic club

P

P

P

P

P

P

P

P

CUP

Massage parlor

P

P

P

P

P

P

Museum/cultural facility

P

P

P

P

P

P

P

P

P

P

Racing, horse, dog or automotive

CUP*

5.148

Restaurant, café, cafeteria

CUP

P

P

P

P

P

P

P

P

CUP

Chap 9, Rest

Sexually oriented business

P*

P*

P*

Art. 2

Shooting or weapons firing range

CUP*

Stable, commercial, riding, boarding or rodeo arena

P*

P*

P*

CUP*

5.132

Swimming pool, commercial

P*

P*

P*

P*

P*

P*

P*

P*

CUP*

5.135

Theater, drive-in

CUP

CUP

CUP

CUP

CUP

P

P

P

SE

Theater, movie theater or auditorium

P*

P

P

P

P

P

P

P

5.138

Vender, food, mobile vendor food court

CUP *

CUP *

CUP *

CUP *

P*

CUP *

P*

P*

P*

CUP *

CUP *

CUP *

CUP *

5.406

Lodging

Bed and breakfast inn

P

P

P

P

P

P

P

P

P

<<

Hotel, motel or inn

P*

P*

P*

P

P*

P*

P*

5.116

Recreational vehicle park

P*

P*

P*

P*

P*

P*

P*

CUP *

5.129

Short term home rental

P

P

P

P

P

P

P

P

P

Office

Bank, financial institution

P or CUP *

P

P

P

P

P

P

P

P

CUP if drive-thru , 5.112

Offices

P

P

P

P

P

P

P

P

P

CUP

Retail Sales and Service

Antique shop

P

P

P

P

P

P

P

P

P

Appliance, sales, supply or repair

P

P*

P*

P*

P*

P*

P*

P*

P*

5.134

Bakery

P

P

P

P

P

P

P

P

Barber or beauty shop

P

P

P

P

P

P

P

P

P

Boat rental or sales

P

P

P

P

P

P

P

P

P

Book, stationary stores or newstand

P

P

P

P

P

P

P

P

P

Burglar alarm sales and service

P

P

P

P

P

P

P

P

P

Business college or commercial school

P

P

P

P

P

P

P

P

Caterer or wedding service

P

P

P

P

P

P

P

P

P

Clothing/wearing apparel sales, new

P

P*

P*

P*

P*

P*

P*

P*

P*

5.134

Clothing/wearing apparel sales, used

P

P*

P*

P*

P*

P*

P*

P*

P*

5.134

Convenience store

P

P

P

P

P

P

P

P

Copy store or commercial print without off-set printing

P

P

P

P

P

P

P

P

P

Dance studio

P

P

P

P

P

P

P

P

Dressmaking, custom; millinery shop

P

P

P

P

P

P

P

P

P

Duplicating services

P

P

P*

P*

P*

P*

P

P

P

5.126

Farmers’ market

P*

P

P

P

P

5.145

Feed store, no processing/milling

P

P

P

P

P

P

P

P

Firewood sales

P*

P*

P*

P*

P*

P

P

P

5.113

Furniture sales, new and used (office and residential) in a building

P*

P*

P*

P*

P*

P*

P*

P*

5.134

Furniture upholstery, refinishing or resale

P

P

P

P

P

P

P

General merchandise store

P*

P*

P*

P*

P*

P*

P*

P*

5.134

Greenhouse or plant nursery

CUP*

P*

P*

P*

P*

P*

P*

P*

P

CUP

P

P

<<

5.114, 5.134

Grocery store, meat market

P*

P*

P*

P*

P*

P*

P*

P*

5.134

Gunsmithing, repairs or sales

P

P

P

P

P

P

P

Home improvement store

P

P*

P*

P*

P*

P*

P*

P*

P*

5.134

Interior decorating

P

P

P

P

P

P

P

P

P

Retail Sales and Service

Kennel

P*

P*

P*

5.117

Large retail store

P*

P*

P*

P*

P*

P*

P*

P*

5.134

Laundry or dry cleaning collection office

P

P

P

P

P

P

P

P

P

Laundry, dry cleaning or washeteria

P

P

P

P

P

P

P

P

Leather goods shop

P

P

P

P

P

P

P

P

P

Liquor or package store

P

P

P

P

P

P

P

Locksmith

P

P

P

P

P

P

P

P

P

Medical supplies/equipment sales or rental

P

P

P

P

P

P

P

P

P

P

Mini-warehouses

P

P

PD

5.143

Mortuary or funeral home

P

P

P

P

P

P

P

P

Newspaper distribution center

P*

P*

P*

P

P

P

P

5.124

Optician

P

P

P

P

P

P

P

P

P

Pawn shop

P*

P*

P*

P*

P*

P*

P*

5.125, 5.134

Pharmacy (drug store)

P

P

P

P

P

P

P

P

P

Photograph, portrait/camera shop or photo finishing

P

P

P

P

P

P

P

P

P

Recording studio

P

P

P

P

P

P

P

P

5.128

Retail sales, general

P*

P*

P*

P*

P*

P*

P*

P*

5.134

Retail smoke shop

P

P

P

P

P

P

5.152

Saddle or harness, repair or sales

P

P

P

P

P

P

P

Shoe shine shop

P

P

P

P

P

P

P

P

P

Small box discount store

P

Studio, art or photography

P

P

P

P

P

P

P

P

P

Tailor, clothing or apparel shop

P

P

P

P

P

P

P

P

P

Tattoo parlor

P

P

P

P

P

P

P

Taxidermist shop

P

P

P

P

P

P

P

P

Veterinary clinic w/indoor kennels

P*

P*

P*

P*

P*

P*

P

P

5.142

Veterinary clinic w/outdoor kennels

P*

P*

P*

5.142

Vehicle Sales and Service

Auto parts supply, retail

P

P

P

P

P

P

P

Automotive repair; paint and body shop

P*

P*

P*

P*

P*

P*

P*

5.104

Car wash;

Self-service

P*

P*

P*

5.108

Automated-service

CUP*

CUP*

CUP*

CUP*

CUP*

P*

P*

P*

5.108

Full-service

CUP*

CUP*

CUP*

CUP*

CUP*

P*

P*

P*

5.108

Gasoline sales

P

P

P

P

P

P

P

P

Mobile home or manufactured housing sales

P

P

P

Parking area or garage, storage commercial or auxiliary

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

CUP*

<<

6.202

Recreational vehicle (RV) sales/service

P

P

P

Service station

P*

P*

P*

P*

P

P

P

Towing yard with office

P

P

P

Truck stop w/fuel and accessory services

P

P

P

Vehicle junkyard

CUP*

CUP*

5.141

Vehicle sales or rental; including automobiles, motorcycles, boats or trailors

P

P

P

P

P

P

P

Vehicle steam cleaning

P

P

P

LIGHT INDUSTRIAL

Light Industrial Services

Assaying

P*

P*

P

5.103

Assembly of pre-manufactured parts, except for vehicles, trailers, airplanes or mobile homes

P

P

P

Blacksmithing or wagon shop

P

P

P

Bottling works, milk or soft drinks

P

P

P

Carpet and rug cleaning

P

P

P

Chicken battery or brooder

P

P

Coal, coke or wood yard

P

P

P

Crematorium

P

P

P

Data center

P

P

P

Electroplating

P

P

P

Fabricating or manufactured housing, temporary or office building

P

P

P

Food processing (no slaughtering)

P

P

P

Light Industrial Services

Furniture or cabinet repair or construction

P

P

P

Furniture sales, with outside storage/display (new/used)

P

P

P

Galvanizing, small utensils

P

P

P

Machine shops

P*

P

P

5.120

Manufacture of artificial flowers, ornaments, awnings, tents, bags, cleaning/polishing preparations, boats under 28 ft. in length, brooms or brushes, buttons and novelties, canvas products, clothing, suits, coats or dresses for wholesale trade

P*

P

P

5.120

Manufacture of aluminum, brass or other metals or from bone, paper, rubber, leather and plastics

P*

P

P

5.120

Manufactured home/RV repair

P

P

P

Monument/marble works, finishing and carving only

P

P

P

Monument works, stone

P

P

P

Outdoor sales and storage including yards, contractors, lumber or storage, automobiles, storage yards, building materials

P*

P*

P*

CUP*

5.133  CUP if no primary use

Paint mixing or spraying

P

P

P

Paper box manufacture

P

P

P

Pattern shop

P

P

P

Printing, lithographing, book-binding, newspapers or publishing

P

P

P

P

Rubber stamping, shearing/punching

P

P

P

Rubber stamp manufacture

P

P

P

P

Sheet metal shop

P*

P*

P

5.131

Warehouse or bulk storage

P*

P*

P*

5.143

Welding shop, custom work (not structural)

P

P

P

MEDIUM AND HEAVY INDUSTRIAL

Heavy Industrial Manufacturing

Animal by-products processing

P

P

Batch plant, concrete or asphalt (permanent)

CUP*

CUP*

CUP*

5.156

Brewery, distillery or winery

P

P

Brick, clay, glass, shale, tile or terra cotta products manufacture

P

P

Cement products plant

P

P

Cement, lime, gypsum or plaster of Paris manufacture

Cotton gin, cotton oil mill, bailing or compress

P

Creosite, treatment/manufacture

Egg cracking or processing

P

Furnace, blast, forge plant, boiler works manufacture

P

Galvanizing, sheet or structural shapes

P

Gas (natural or artificial) manufacture processing/storage

P

Glue manufacture

P

Grain elevator

P

P

Magnesium casting, machining or fabricating

P

Manufacture of acetylene or oxygen gas. alcohol, computers and related electronic products, airplanes, automobiles, trucks and tractors (including assembly plants), ball or roller bearings, steel tanks, candles and celluloid, cash registers, cutlery, disinfectants, dextrin, dyestuff, electrical machinery, farm tools, type writers and vinegar

P

Heavy Industrial Manufacturing

Manufacture of basket material, bicycles, boots, boxes other than paper, caskets, shoes

P

P

Manufacture of dyes, cores, die-casting molds

P

P

Manufacture, processing/production of hazardous chemicals

CUP

Metal casting

P*

P*

5.121

Metal foundry plant or fabrication plant

P*

5.122

Metal smelting, reclamation or ore reduction

CUP

Metal stamping, dying, shearing or punching

P*

P

5.123

Mill, feed or flour

P

Mining quarry, dredging or excavation of rock, dirt, gravel, sand, stone including rock and cement crushers

CUP*

5.150

Packing plant

CUP

Paper or pulp manufacture

CUP

Petroleum, refining or wholesale storage

CUP

Planing mill or woodworking shop

P

P

Poultry killing or dressing

P

P

Rolling mill

CUP

Soap manufacture

P

Soda or compound manufacture

P

Stoneyard, building stone, cutting, sawing or storage

P

Tar distillation/manufacturing

P

Tobacco (chewing) manufacture or treatment

P

Welding shop

P

Transportation

Airport, aviation field, helistop or landing area

PD

Passenger station

P

P

P

P

P

P

P

Railroad freight or classification yard

P

P

Railroad roundhouse or RR car repair shop

P

P

P

Railroad tracks; team, spur, loading or storage

P

P

P

Terminal, truck, freight, rail or water

P*

P

P

5.139

Waste Related

Landfill, waste transfer station, government recycling drop off center

PD*

5.149

Pet cemetery

CUP

Recycling collection facility/box

SE*

SE*

SE*

SE*

SE*

P*

P*

P*

5.130

Recycling center with outdoor processing and stockpiling, household hazardous waste or waste tire facility

5.149

Recycling center, indoor only with no outdoor sorting or storage activity

P

P

P

Salvage yard (other than automotive)

CUP

Wholesale Trade

Wholesale: bakery, produce market or wholesale house

P

P

P

Wholesale office or sample room

P

P

P

P

OTHER USES

Agriculture

Agricultural uses

P*

P*

P*

5.307

Stockyards or feeding pens (commercial)

P*

5.307

Fresh water fracture ponds and production

P*

P*

P*

P*

Ch. 15 Gas city code

Gas drilling and production

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

<<

Ch. 15, Gas city code

Oil drilling and production

PD*

Ch. 15, Gas city code

Urban agriculture

P*

P*

P*

P*

P*

P*

P*

P*

5.146

Community garden

P*

P*

P*

P*

P*

P*

P*

P*

5.146

Accessory Uses

Accessory use or building

P*

5.302

Satellite antenna (dish)

P*

P*

P*

P*

P*

P*

P

P

P

P

P*

CUP*

<<

Stable, stockyards or feeding pens (noncommercial)

P*

5.307

Storage or display outside

P*

P*

P*

P*

P*

P

P

P

5.306

Temporary Uses

Amusement, outdoor (temporary)

CUP*

CUP*

CUP*

CUP*

CUP*

CUP*

P

P

P

P

CUP*

CUP*

CUP*

CUP*

<<

5.400

Batch plant, concrete or asphalt (temporary)

CUP*

CUP*

CUP*

CUP*

CUP*

CUP*

P

P

P

CUP*

CUP*

CUP*

<<

5.401

Mobile vendor, fresh market

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

5.406

Trailer, portable; sales, construction or storage

P

P

P

P

P

P

P

P

P

P

P

<<

Vendor, food, non-potentially hazardous food

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

5.406

Vendor, food, potentially hazardous food

P*

P*

P*

P*

P*

P*

P*

P*

P*

5.406

Vendor, merchandise

P*

P*

P*

P*

P*

5.406

Vendor, transient

P*

P*

P*

P*

P*

<<

9.101

Vendor, transient, non-potentially hazardous food

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

5.406

Vendor, transient, potentially hazardous food

P*

P*

P*

P*

P*

P*

P*

P*

P*

5.406

 

(Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012; Ord. 20510-12-2012, § 3, passed 12-4-2012, eff. 12-11-2012; Ord. 20666-03-2013, § 1, passed 3-19-2013, eff. 4-9-2013; Ord. 20999-10-2013, § 3, passed 10-15-2013; Ord. 21499-10-2014, § 3, passed 10-14-2014, eff. 10-23-2014; Ord. 21715-04-2015; § 2, passed 4-7- 2015, eff. 4-25-2015; Ord. 22154-04-2016, § 4, passed 4-5-2016, eff. 4-21-2016; Ord. 22335-08- 2016, §§ 2 and 5, passed 8-2-2016; Ord. 23110-02-2018, § 3, passed 2-6-2018; Ord. 23609-03-2019, § 3, passed 3-19-2019; Ord. 23971-12-2019, § 3, passed 12-3-2019, eff. 12-11-2019; Ord. 25514-05-2022, § 2, passed 5-10-2022, eff. 5-18-2022; Ord. 25955-01- 2023, § 2, passed 1-10-2023, eff. 1-20-2023; Ord. 26358-08-2023, § 3, passed 8-8-2023; Ord. 26652-12-2023, § 2, passed 12-12-2023, eff. 1-9-2024; Ord. 27030-06-2024, § 1, passed 6-25-2024, eff. 7-23-2024)

ARTICLE 9: COMMERCIAL DISTRICTS

§ 4.900 NEIGHBORHOOD COMMERCIAL RESTRICTED (“ER”) DISTRICT.

   (a)   Purpose and intent. The purpose of the neighborhood commercial restricted (“ER”) district is to provide areas for neighborhood serving limited commercial, institutional and office uses. Alcoholic beverage sales are prohibited.

   (b)   Uses.

      (1)   Generally. In the neighborhood commercial restricted (“ER”) district, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a certificate of occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of Chapter 5.

      (2)   Limitations on commercial development in “ER” district.

         a.   The sale of alcoholic beverages shall not be permitted in the “ER” district.

         b.   All business shall be conducted wholly within an enclosed building.

         c.   No drive-in or curb services shall be permitted unless approved through special exception.

   (c)   Property development standards. The minimum dimension of lots and yards and the height of buildings in the neighborhood commercial restricted (“ER”) district, shall be as shown in the accompanying table.

Neighborhood Commercial Restricted (“ER”) District
Business/tenant size	5,000 square feet maximum gross floor area per tenant; exterior entrances are required for each tenant; special exception required for each business in excess of 5,000 square feet.
Building size	10,000 square feet maximum gross floor area; special exception required for building in excess of 10,000 square feet.
Building lot coverage	30% maximum
Front yard*	20 feet minimum
Rear yard*
Adjacent to A or B residential district	5 feet minimum, however where a residential supplemental setback applies and the building exceeds 20 feet in height, the building setback must equal the height of the building
Adjacent to all other districts	5 feet minimum
Side yard*	Interior lot
Adjacent to A or B residential district	5 feet minimum adjacent to residentially zoned lot; none otherwise; if provided, side yard must be 3 feet minimum; however where the building exceeds 20 feet in height and a residential supplemental setback applies, the building setback must equal to the height of the building
Adjacent to all other districts	5 feet minimum
Corner lot**	None required unless through lot, then 10 feet minimum required
Height	35 feet maximum; for any part of a building that exceeds 20 feet in height and a residential supplemental setback applies per § 6.300, the building setback must equal the height of the building; see § 6.100
Notes:
*   Additional setback may be required (see Chapter 6, Development Standards, § 6.300, Bufferyard and Supplemental Building Setback).
**   May be subject to projected front yard (§ 6.101(f))

 

   (d)   Other development standards. Development in the neighborhood commercial restricted (“ER”) district may be subject to a variety of general development standards in Chapter 6, and the following provisions.

      (1)   Off-street parking and loading. For further details, other uses and loading areas see Chapter 6 Development Standards, Article 2, Off-Street Parking and Loading, § 6.200.

         a.   Limited to passenger automobiles only.

         b.   The restrictions in § 6.202(f) shall apply to all auxiliary parking.

            1.   Parking shall not be permitted in the required front yard (setback) if the required front yard of the building faces any portion of a required front yard of an “A” or “B” residential district or the front yard of the building is adjacent to the front yard of an “A” or “B” residential district. The remainder of the yard must be landscaped.

            2.   Retail buildings require one space per 250 square feet. Office or professional buildings require one space per 400 square feet. A curb or bumper shall be placed along the perimeter of the parking area to prevent vehicles from extending into the required front yard, into an abutting alley, beyond the property line or from damaging the walls or shrubs screening it from residential property. The required front yard shall not be graveled or hard-surfaced, but shall be maintained as open or landscaped green space. A sidewalk shall be constructed to City specifications abutting the front line of the parking lot and between the lot and the property line of the nearest intersecting commercial street.

      (2)   Landscaping and buffers adjacent to “A” or “B” residential zoning district.

         a.   Screening trees must be provided within the buffer area along the property line adjacent to an “A” or “B” district. Trees must be spaced no more than 25 feet apart. Fifty percent of these trees must be evergreen.

         b.   A minimum six-foot screening fence is required along the property line adjacent to an “A” or “B” district. Allowed screening fence materials are limited to masonry or wrought iron fence with landscape screening; smooth concrete, wood, vinyl or metal fences are not permissible types. See Chapter 6, Development Standards, Article 3.

      (3)   Signs. See Chapter 6, Development Standards, § 6.400 Signs.

         a.   No freestanding or roof signs are permitted.

         b.   Signs shall be fastened flat against the wall.

         c.   No sign shall be illuminated.

         d.   The sign shall cover no more than 15% of the area of the wall or facade, including doors and windows, on which the sign is placed, and shall not extend above the roof line or parapet wall of the building.

      (4)   Metal buildings. The exterior metal walls of the front and any sides of a building facing a public street that will be constructed with metal cladding as the primary siding material shall not be constructed with exposed fasteners on more than 50% of the building. All buildings with metal siding shall have at least two exterior architectural features for articulation, such as front porches, gables, awnings or other exterior siding materials. Each metal siding shall not be considered an architectural feature. These features shall not apply to large retail stores.

(Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012)

§ 4.901 NEIGHBORHOOD COMMERCIAL (“E”) DISTRICT.

   (a)   Purpose and intent. The purpose of the neighborhood commercial (“E”) district is to provide areas for neighborhood-serving commercial, institutional and office uses.

   (b)   Uses.

      (1)   Generally. In the neighborhood commercial (“E”) district, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a certificate of occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of Chapter 5.

      (2)   Limitations on commercial development in “E” district. Retail stores with a footprint exceeding 60,000 square feet are prohibited.

   (c)   Property development standards. The minimum dimension of lots and yards and the height of buildings in the neighborhood commercial (“E”) district shall be as shown in the accompanying table.

Neighborhood Commercial, “E” District
Front yard*	20 feet minimum; 0 feet minimum when fronting an arterial street**
Rear yard*	10 feet minimum unless adjacent to residential district, where 15 feet minimum required
Side yard*
Interior lot	5 feet minimum adjacent to residentially zoned lot, none otherwise. If provided, side yard must be 3 feet minimum
Corner lot**	None required unless through lot, then 10 feet minimum required
Height	3 stories or 45 feet maximum provided, however, stealth telecommunication towers are permitted to a height of 60 feet; telecommunication towers are permitted to a height of 45 feet as a special exception approved by the board of adjustment
Notes:
*   Additional setback may be required see Chapter 6, Development Standards, § 6.300, Bufferyard and Supplemental Building Setback.
**   May be subject to projected front yard (§ 6.101(f))

 

   (d)   Other development standards. Development in the neighborhood commercial (“E”) district may be subject to a variety of general development standards, including, but not limited to the following.

      (1)   Off-street parking and loading. Commercial buildings require one space per 250 square feet. Office or professional buildings require one space per 400 square feet. Restaurants require one space per 100 square feet of gross floor area. For further details, other uses and loading areas see Chapter 6, Development Standards, Article 2, Off-Street Parking and Loading, § 6.200.

      (2)   Landscaping and buffers. Generally, 10% of net site area. See Chapter 6, Development Standards, Article 3, Landscaping, Buffers and Urban Forestry, § 6.300.

      (3)   Signs. See Chapter 6, Development Standards, § 6.400 Signs.

      (4)   Outdoor storage or display. Limited outdoor storage or display may be permitted. See Chapter 5, Supplemental Use Standards, § 5.306, Storage or Display in Commercial Districts, Outdoor.

      (5)   Metal buildings. The exterior metal walls of the front and any sides of a building facing a public street that will be constructed with metal cladding as the primary siding material shall not be constructed with exposed fasteners on more than 50% of the building. All buildings with metal siding shall have at least two exterior architectural features for articulation, such as front porches, gables, awnings or other exterior siding materials. Exterior metal siding shall not be considered an architectural feature. These provisions shall not apply to large retail stores.

(Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012; Ord. 20983-10-2013, § 1, passed 9-17-2013; eff. 10-4-2013)