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(A) Purpose. This section is intended to preserve the public health, safety, morals, and promote the general welfare of the residents of the city by creating regulations and construction standards for the establishment of local retail districts within the city. Particular consideration is given to the necessity of septic sewage systems, the regulation of density developments, the preservation of the rural environment, establishment of noise and site buffer zones, and promotion of quality development likely to hold its value and provide fire protection and safety.
(B) Permitted uses.
(1) Buildings within this district shall be restricted to the following uses: retail stores, offices, photographic studios, financial institutions, restaurants, municipal buildings, grocery stores, medical and dental offices and clinics, dry cleaning establishments or pickup stations (excluding central dry cleaning plants), barber shops, beauty shops, drug stores, day care, and mortuary or funeral chapel. Any high noise or industrial use is not permitted. All other uses are prohibited.
(2) Retail establishments may sell beer and wine for off-premise consumption pursuant to state law and Chapter 116 of this code by right if they are located on property that was within the city limits as of May 12, 2012;
(3) Alcoholic beverage sales. See Chapter 116 , Sale and Distribution of Alcoholic Beverages, of this code.
(C) Conditional uses (require use permits, see § 159.43).
(1) Any form of drive-in or drive-through, including a service window for pick-up, associated with a retail establishment.
(2) Gasoline service station.
(3) Any form of gas fueling station associated with retail use.
(D) Required conditions.
(1) All business operations including storage shall be conducted within a completely enclosed building (except for off-street parking or loading). Sales displays shall be confined to the structures authorized in this chapter. Sales displays outside of the structures authorized in this chapter are prohibited, except by special temporary permit; and
(2) Any owner, builder, or developer of a tract or parcel of land located within this district shall submit, prior to the issuance of a building permit, to the Architectural Review Board, Planning and Zoning Commission, and City Council for review and approval, a site building plan for the proposed development. The contents of this site and building plan shall comply with the requirements as specified in § 159.40. Upon approval, the development shall comply with approved site plan requirements.
(E) Area requirements.
(1) Minimum lot area, as defined herein: one acre;
(2) Minimum site frontage on a public street: 100 feet;
(3) Minimum site depth: 200 feet;
(4) Minimum depth of front setback: 50 feet, without parking. First 20 feet shall be landscaped buffer with a minimum two and one-half foot earthen berm;
(5) Minimum width of side setback: 20 feet.
(6) Minimum depth of rear setback: 20 feet;
(7) Minimum distance between detached buildings on the same lot or parcel of land: 20 feet;
(8) Minimum requirement for construction:
(a) Structures: buildings shall have a concrete foundation and floor. Weightbearing walls shall be of masonry material. Non-weightbearing walls shall be constructed with metal studs;
(b) Roofing: shall be 100% noncombustible. Wooden shingles are prohibited;
(c) Exterior building facing: each building facing shall consist of 80% masonry materials, subject to the masonry provisions contained in § 159.07; and
(d) Septic tank and lines shall not be under paved areas.
(9) Minimum square footage of building 1,200 square feet;
(10) Maximum square footage of building: 30,000 square feet;
(11) Maximum building coverage as a percentage of lot area, as defined herein: 40%;
(12) Maximum amount of impervious coverage as a percentage of lot area, as defined herein: 65%;
(13) Minimum amount of landscaped areas as a percentage of total lot area, as defined herein: 35%, with 50% of the total requirement located in the required front yard. All required landscaped areas shall be permanently maintained and shall have an irrigation system installed meeting all applicable city codes and approved by the building official;
(14) Minimum distance between landscaping berm and entrance: ten feet;
(15) Maximum height of structures: 25 feet. Any structure over 25 feet shall require a conditional use permit. If building height exceeds 25 feet, the building shall be set back an additional amount of one-half the height of the building which exceeds 25 feet from all lot lines abutting residentially zoned property measured along a line equal to the median grade level;
(17) Entrance and/or exit requirements: minimum of two;
(18) Lots with nonresidential uses that have a side or rear contiguous or separated only by an alley or easement, from any residential district must be separated from such residential district by a masonry wall with a minimum height of six feet permanently maintained by the owner;
(19) Sidewalks shall be required along all streets with a minimum four-foot width. Access ramps to sidewalks for wheelchairs will be required; and
(20) The building code may impose more restrictive area requirements depending on the size, use, and construction of the structures.
(2005 Code, § 12-2-8) (Ord. 050915D, passed 9-15-2005; Ord. 120417D, passed 4-17-2012; Ord. 150414B, passed 4-14-2015; Ord. 181127A, passed 11-27-2018; Ord. 181127B, passing 11-27-2018; Ord. 181211B, passed 12-11-2018)