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§ 4.1102 OFFICE MIDRISE (“O-M”) DISTRICT.
   (a)   Purpose. It is the purpose of the “O-M” office-midrise district to provide a specific zone for the development of offices as the primary use and other limited commercial uses as ancillary uses, allowing for greater height of such structures, subject to specific development controls.
   (b)   Use regulations. In the “O-M” office- midrise district, the primary use of any building or land shall be for office purposes, provided that any of the following may be located in the “O-M” district as accessory uses to an office building:
      (1)   Any uses permitted in the “ER” restricted commercial district;
      (2)   Bakeries, provided that the floor area does not exceed 3,000 square feet;
      (3)   Banks;
      (4)   Blueprinting or photostatting;
      (5)   Business colleges, or private schools operated as a commercial enterprise;
      (6)   Caterer or wedding service;
      (7)   Cigar or tobacco stores;
      (8)   Confectionery stores;
      (9)   Delicatessen shops;
      (10)   Department stores;
      (11)   Drug stores;
      (12)   Dry goods and notions stores;
      (13)   Duplicating service, by mimeographing, multigraphing and offset printing, provided that the floor area does not exceed 2,000 square feet;
      (14)   Florist or gift shops;
      (15)   Jewelry stores, optical goods;
      (16)   Liquor or package stores;
      (17)   Offices;
      (18)   Restaurants, cafés, cafeterias: including restaurants and cafés legally authorized (by duly issued permits from the city and state) to sell alcoholic beverages for consumption on the premises. The terms restaurants, cafés, used herein, refers to places which are regularly open in a bona fide manner; which are used and kept open for the service of food to customers for compensation; which have suitable seating for guests; which have suitable facilities for preparation and service of an assortment of foods commonly ordered at various hours of the day or night and the serving of food is the primary business of such places, and which may, as an ancillary use, provide patrons with space for dancing or permit patrons to dance;
      (19)   Shoeshine parlors;
      (20)   Tailor, clothing or wearing apparel shops;
      (21)   Variety stores; and
      (22)   Special exception uses when authorized by the board of adjustment under the provisions of Chapter 3, Article 3.
   (c)   Height and area regulations. In the “O-M” office-midrise district the height of buildings and structures and the minimum dimensions of yards shall be as follows:
      (1)   Height. Maximum of six stories, not to exceed 80 feet;
      (2)   Front yard. Minimum of 20 feet;
      (3)   Rear yard. Minimum of five feet;
      (4)   Side yard.
         a.   Interior lot, minimum of five feet; and
         b.   Corner lot, minimum of ten feet adjacent to the side street unless front yard setback is required.
      (5)   Setbacks. Notwithstanding anything contained herein to the contrary, all buildings shall be set back from the nearest property line of any property zoned “A” one-family, “AR” residential, “B” two-family, “R1” residential or “R2” residential, a distance of one foot for each foot in height of the building.
(Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012)