(a) Intent. The intent of this zone is to provide for offices and related professional uses. Retail sales are prohibited, except where directly related to office functions. Consideration should be given to the relationship of this zone to the surrounding land uses, the established built context, and the adequacy of the street system to serve the anticipated traffic needs. This zone should be established in accordance with the Goals, Objectives, Policies, and Development Criteria of the Comprehensive Plan.
(b) Principal Uses. (Other uses substantially similar to those listed herein shall also be deemed permitted.)
1. Banks, credit agencies, security and commodity brokers and exchanges, credit institutions, savings and loan companies, holding and investment companies.
2. Offices for business, professional, governmental, civic, social, fraternal, political, religious, and charitable organizations, including, but not limited to, real estate sales offices.
3. Research development and testing laboratories or centers.
4. Schools for academic instruction.
5. Libraries, museums, art galleries, and reading rooms.
6. Funeral parlors.
7. Medical and dental offices, clinics, and laboratories.
8. Telephone exchanges, radio and television studios.
9. Studios for work or teaching of fine arts, such as photography; music; drama; dance and theater.
10. Community centers and private clubs.
11. Hospitals, nursing homes, personal care facilities and assisted living facilities.
12. Computer and data processing centers.
13. Ticket and travel agencies.
14. Kindergartens, nursery schools and childcare centers for four (4) or more children. A fenced and screened play area shall be provided, which shall contain not less than twenty-five (25) square feet per child.
15. Cable television system signal distribution centers and studios.
16. Dwelling units, provided the units are not located on the first floor of a structure and provided that at least the first floor is occupied by another permitted use or uses in the P-1 zone, with no mixing of other permitted uses and dwelling units on any floor.
17. Business colleges, technical or trade schools or institutions.
18. Athletic club facilities, when located at least one hundred fifty (150) feet from a residential zone.
19. Beauty shops and barber shops.
20. Rehabilitation homes, but only when more than five hundred (500) feet from a residential zone.
21. Adult day care centers.
22. Day shelters.
23. Places of religious assembly.
24. Offices of veterinarians, animal hospitals or clinics, provided that:
(a) All exterior walls are completely soundproofed;
(b) Animal pens are located completely within the principal building; and
(c) Boarding is limited to only animals receiving medical treatment.
25. Un-Hosted Short Term Rentals, as regulated in Section 3-13 of the Zoning Ordinance.
26. Medicinal cannabis safety compliance facilities.
(c) Accessory Uses. (Uses and structures which are customarily accessory, clearly incidental and subordinate to permitted uses.)
1. Establishments limited to the filling of prescriptions and retail sale of pharmaceutical and medical supplies.
2. Parking areas or structures.
3. Incidental retail sales or personal services, including facilities for serving food, only for employees, residents or visitors to any permitted use, and having no primary access to the exterior; and limited to a maximum of ten percent (10%) of the gross floor area of the building in which it is located, with no single such use being in excess of five thousand (5,000) square feet.
4. Sales offices for the display of merchandise and the acceptance of orders.
5. Swimming pools, tennis courts, putting greens, hiking and bicycling trails, botanical gardens, nature preserves and other similar non-commercial recreational uses.
6. Satellite dish antennas, as further regulated by Section 15-8.
7. One dwelling unit for owners, operators, or employees of a permitted use, provided that such dwelling unit shall be part of the building and located above, to the side, or to the rear of such permitted use.
8. Retail sales and storage areas accessory to internet-based businesses, for which Certificates of Occupancy are issued after November 15, 2001, provided that the retail sales and storage area occupies no more than twenty-five percent (25%) of the business area, nor more than two thousand, five hundred (2,500) square feet, whichever is less; and having no display space, storage space or signs visible from the exterior of the building.
9. Drive-through facilities for the sale of goods or products or the provision of services otherwise permitted herein, when approved by the Planning Commission on a development plan.
10. Hosted Short Term Rentals, as regulated in Section 3-13 of the Zoning Ordinance.
(d) Conditional Uses. (Permitted only with Board of Adjustment approval.)
1. Drive-through facilities for sale of goods or products or the provision of services otherwise permitted herein.
2. Parking lots and structures.
3. Mining of non-metallic minerals, but only when the proposal complies with the requirements of the Mining/Quarrying Ordinance (Code of Ordinances #252-91) and the conditions and requirements as set forth therein. The Board of Adjustment shall specifically consider and be able to find:
a. That the proposed use will not constitute a public nuisance by creating excessive noise, odor, traffic, dust, or damage to the environment or surrounding properties;
b. That a reasonable degree of reclamation and proper drainage control is feasible; and
c. That the owner and/or applicant has not had a permit revoked or bond or other security forfeited for failure to comply with any federal, state or local laws, regulations or conditions, including land reclamation, pertaining to the proposed use.
4. Rehabilitation homes, when located closer than five hundred (500) feet from a residential zone.
5. Extended-stay hotels, except as permitted in a Professional Office Project.
6. Mail service facilities, except as permitted in a Professional Office Project.
7. Ecotourism activities to include equine or zip line trails; tree canopy tours; canoeing and kayaking launch sites; fishing clubs; and seasonal activities.
(e) Prohibited Uses. (All uses other than those listed as principal, accessory, or conditional uses or substantially similar to principal, accessory, or conditional uses shall be prohibited. The uses below are provided for illustration purposes and for the purpose of limiting permitted uses, and are not intended to be a total listing of all the uses that are prohibited.)
1. As for A-R, except offices, institutional uses, dwelling units, and other uses as permitted herein.
2. Any use dependent upon septic tanks or pit privies.
3. Pawn shops.
4. Golf driving ranges.
5. The above- or below-ground storage of any flammable material in gaseous form, including compressed natural gas; and the above- or below-ground storage of more than five (5) gallons of gasoline. However, jet fuel may be stored only in conjunction with a heliport.
6. Greenhouses, plant nurseries, market gardens and garden centers.
7. Tattoo parlors.
8. Ecotourism activities, except as permitted herein.
9. Medicinal cannabis cultivators, dispensaries, producers and processors.
(f) Minimum Lot Size. Seven thousand, five hundred (7,500) square feet.
(g) Minimum Lot Frontage. Sixty (60) feet.
(h) Minimum Front Yard. Twenty (20) feet.
(i) Minimum Each Side Yard. Twelve (12) feet.
(j) Minimum Rear Yard. Twelve (12) feet.
(k) Minimum Open Space. See Article 20 for open space regulations.
(l) Maximum Lot Coverage. Thirty-five percent (35%) and a floor area ratio of 1.3.
(m) Maximum Height of Building. 3:1 height-to-yard ratio.
No minimum requirements.
Conditional Uses: The Board of Adjustment may establish additional requirements, as needed.
(o) Special Provisions.
1. A Professional Office Project may be permitted by the Planning Commission for a tract of land with a minimum of ten (10) acres, upon the approval of a preliminary development plan and a final development plan as provided in Article 21, and subject to the P-1 zone regulations.
Subdivision of land in a Professional Office Project is permitted, subject to the following regulations:
a. There shall be no minimum lot size, lot frontage, yard, nor maximum lot coverage or height requirements for each subdivided lot; however, all said requirements for the approved final development plan shall be applicable to the subdivision.
b. Each subdivided lot shall have access to adjacent streets or joint parking areas, as provided by appropriate easements shown on the final development plan and the final record plan.
c. For the overall project area, open space shall be governed by Article 20. Open space may be clustered across multiple lots to facilitate the common use of the land.
In addition to the uses otherwise permitted in the Professional Office zone, the following uses shall be permitted in the Professional Office Project:
As a principal permitted use:
1. Hotels, but only when located more than two hundred (200) feet from a residential zone; and the total number of hotels shall not exceed one (1) hotel for every twenty (20) acres of the Professional Office Project.
2. Extended-Stay Hotels.
3. Mail Service Facilities.
As accessory uses:
1. Receiving, shipping, and storage of new fixtures, equipment and other non-perishable materials for distribution to corporate or affiliated units subsidiary to the tenant(s) of a principal structure. Such activity, including loading and unloading, shall be conducted entirely within the walls of the principal structure and shall be limited to a maximum of twenty percent (20%) of the total floor area of said principal structure.
2. Shoe repair, clothing alteration or tailoring services.
As conditional uses:
1. Helistops and heliports, provided such facilities conform to the requirements of all appropriate Federal, State and local regulations.
2. Beauty shops and barber shops, with no restrictions.
In addition to the uses otherwise permitted in the Professional Office zone, the following accessory use shall be permitted in a P-1 area of at least twenty (20) contiguous acres:
Restaurant(s), with or without a cocktail lounge, entertainment, dancing, and sale of alcoholic beverages, provided it meets the following conditions:
a. It shall be located in an office building containing a minimum of 40,000 square feet of floor area.
b. It shall occupy not more than twenty-five percent (25%) of the building in which it is located.
c. It shall have no more than one public entrance and one service entrance directly to the outside of the building, and that this use shall be at least one hundred fifty (150) feet from any residential zone.
d. It shall have no drive-in or drive-through food service.
e. There shall be no more than two restaurants within an office building, provided that the 25% limitation is not exceeded.
f. Signs permitted per office building may be used to identify the restaurant and/or the office use.
2. Where dwelling units are provided and the Planning Commission has approved a final development plan, the required parking spaces may be reduced, when specific permission is given by the Commission to reduce said required parking by not more than one percent (1%) for each one percent (1%) of additional useable open space that is provided over the minimum. In any case, the maximum parking reduction shall not exceed the minimum parking otherwise required in the zone by more than ten percent (10%) by only providing additional open space.
(Code 1983, 8-15; Ord. No. 263-83, § 1, 12-15-1983; Ord. No. 89-86, § 15, 5-29-1986; Ord. No. 153-87, § 1, 7-9-1987; Ord. No. 84-91, § 1, 5-2-1991; Ord. No. 30-92, § 8, 3-3-1992; Ord. No. 174-93, § 1, 9-23-1993; Ord. No. 213-94, § 4, 1-20-1994; Ord. No. 85-96, § 3, 5-30-1996; Ord. No. 153-96, § 1, 8-29-1996; Ord. No. 245-97, § 1, 11-20-1997; Ord. No. 226-98, § 1, 8-27-1998; Ord. No. 302-2001, § 1, 12-6-2001; Ord. No. 62-2003, § 1, 3-20-2003; Ord. No. 115-2003, § 3, 5-29-2003; Ord. No. 143-2003, § 1, 6-26-2003; Ord. No. 203-2004, § 1, 8-26-2004; Ord. No. 61-2008, §§ 2—4, 4-10-2008; Ord. No. 129-2009, §§ 15—17, 7-2-2009; Ord. No. 129-2013, § 2, 10-24-2013; Ord. No. 155-2013, § 2, 12-10-2013; Ord. No. 16-2015, § 1, 3-17-2015; Ord. No. 68-2015, § 1(8-15), 6-18-2015; Ord. No. 137-2016, § 2(8-15), 7-7-2016; Ord. No. 22-2017, § 3(8-15), 3-2-2017; Ord. No. 166-2017, § 3(8-15), 11-16-2017; Ord. No. 2-2018, § 1, 1-30-2018; Ord. No. 84-2020, § 1, 9-3-2020; Ord. No. 42-2022, § 1, 5-26-2022; Ord. No. 113-2022, § 3, 10-27-2022; Ord. No. 004-2023, § 16, 1-31-2023; Ord. No. 020-2023, § 9, 3-9-2023; Ord. No. 074-2023, §§ 9, 10, 7-11-2023; Ord. No. 057-2024, § 9, 6-27-2024)
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