§ 153.120  SH SPECIAL HIGHWAY OVERLAY DISTRICT.
   (A)   Zoning areas.
      (1)   These districts are located in areas adjacent or in proximity to the Special Highways (existing or proposed) listed below. Each SH overlay shall be drawn on the zoning map. The regulations contained in this chapter shall be supplemental to those found in the underlying zoning district, except as herein noted; and
      (2)   U.S. Highway 321. Limited access four-lane divided highway under construction at the time this chapter is adopted.
   (B)   Permitted uses.  Uses in the SH District shall be limited to those permitted and conditional uses listed in the underlying general zoning district. In no case, however, shall any of the following uses be allowed to take place on any lot which is located in the SH District.
      (1)   Manufacture of:
         (a)   Tires and inner tubes (SIC Group #301);
         (b)   Asphalt paving and roofing materials (SIC Group #295);
         (c)   Secondary smelting processes (SIC Group #334)
         (d)   Pulp, paper, and paperboard mills (SIC Group #261, 262, 263);
         (e)   Flour, other milled grain, and feed and pet foods (SIC #2041, 2047, 2048);
         (f)   Meat packing and poultry dressing (SIC #2011, 2015); and
         (g)   Lumber mills and sawmills (SIC #2421) and lumber/timber storage yards.
      (2)   Livestock feed lot and sales facilities;
      (3)   Contractors’ storage yards;
      (4)   Unenclosed scrap and salvage metal storage and recycling facilities;
      (5)   Automobile wrecking and salvage yards;
      (6)   Quarries;
      (7)   Coal sales and storage yards;
      (8)   Fuel oil distribution facilities;
      (9)   Auction sales, indoors and outdoors;
      (10)   Flea markets;
      (11)   Manufactured home sales lots;
      (12)   Tire recapping shops;
      (13)   Truck terminals;
      (14)   Radio, television or microwave transmission towers exceeding 300 feet in height;
      (15)   Sanitary landfills;
      (16)   Roofing repair and installation facilities;
      (17)   Mobile home (manufactured home) parks; and
      (18)   Adult establishments.
   (C)   Maximum building height.
      (1)   None for nonresidential uses.
      (2)   Residential uses shall observe the maximum building height for the underlying zoning district.
      (3)   This shall have the effect of nullifying the underlying zoning district maximum height regulations for all nonresidential uses in the SH District.
   (D)   Yard requirements (
      (1)   Minimum front yard setback:  In no case shall any building be set back less than 50 feet from the right-of-way of the Special Highway.
      (2)   Minimum side yard setback:  50 feet shall be required if the side yard lies adjacent to the right-of-way of a Special Highway.
      (3)   Minimum rear yard setback:  50 feet shall be required if the rear yard lies adjacent to the right-of-way of a Special Highway.
   (E)   Usage of yard and setback areas (for all uses other than one- and two-family residential uses).
      (1)   Boundary fences, gates, security stations, flagpoles, outdoor sculptures, fountains and similar works of art and on-premises ground mounted identification signs are permitted in any required setback area which adjoins a Special Highway right-of-way.
      (2)   Off-street parking and/or loading areas shall not be allowed within any portion of any yard that lies within 50 feet from the edge of a Special Highway right-of-way line.
      (3)   Outdoor storage and/or display, accessory structures and uses and the dispensing of goods and services are permitted in any side or rear yard (other than one which abuts a Special Highway right-of-way), provided however, the dispensing automotive fuels and related products are allowed in front yards without screening. Any outdoor storage located on the lot shall be screened from the view of any adjoining lot or roadway and the Special Highway. The screening may be located anywhere on the lot so long as the outdoor storage is materially screened. The screening shall generally be in conformance with § 153.046 of this chapter with the following exceptions:
         (a)   The screening shall consist of natural plantings only; and
         (b)   The screening shall be in place and shall effectively screen the outdoor storage prior to the certificate of occupancy being issued.
      (4)   The Administrator may partially waive the requirements for the screening in cases where he or she determines that due to topography the screening would be impossible to install, would be unusually and unreasonably burdensome upon the developer, or would serve no screening or buffering purpose; provided however, that in making the waiver the spirit and intent of this section are met.
   (F)   Signs.  Each nonresidential use shall be permitted all identification signs as allowed in §§ 153.160 through 153.172 of this chapter for the underlying general zoning district except as follows.
      (1)   Any nonresidential use on a separate tract of land is permitted one ground mounted identification sign between the principal building and the right-of-way of the Special Highway. The sign shall be no closer than 25 feet from the edge of right-of-way of the Special Highway and shall be limited to a height of ten feet and a sign face area of 100 square feet. If a street lies between the principal building and the Special Highway and that street provides the main access (i.e., street that fronts the use) to the use, then the sign shall be installed in lieu of the identification sign allowed pursuant to §§ 153.160 through 153.172 of this chapter. In all other cases the sign is permitted in addition to all other signs permitted pursuant to §§ 153.160 through 153.172 of this chapter for the underlying general zoning district.
      (2)   In lieu of allowing one ground mounted identification sign between the principal building and the right-of-way of the special highway, the developer shall have the option to increase the size of one freestanding sign on the property by 100 square feet. This bonus shall only be available to Class C shopping centers with four or more tenants. If this option is chosen, only one freestanding sign will be allowed on the property.
   (G)   Landscaping.
      (1)   In order to provide for a visually appealing landscape as viewed by the motorist from the adjoining Special Highway, the first 50 feet of the yard lying between the Special Highway and the principal structure shall be landscaped or left as natural wooded buffer (for all uses except for single-family and two-family residential uses). Within this buffer area, all deciduous and coniferous trees three inches caliper or larger, and all dogwoods, redbuds and American hollies four feet high or larger shall be considered of protected size. The protective buffer shall be left in a natural state to the greatest extent possible. One plant unit shall be required for every 40 feet or portion of 40 feet of lineal frontage. A plant unit shall be composed, at a minimum, of one of the following combinations of plants as listed below:
         (a)   A combination of existing trees of protected size which will be retained, and which total more than 48 inches caliper;
         (b)   A combination of both existing trees of protected size and newly planted trees that would total more than 48 inches caliper;
         (c)   Four large maturing deciduous trees and six small maturing trees;
         (d)   Six large maturing evergreen trees and six small maturing trees;
         (e)   Four large deciduous trees and four large evergreen trees;
         (f)   Two large deciduous trees, four large evergreen trees and four small maturing trees;
         (g)   Four large deciduous trees, two large evergreen trees, and two small maturing trees; or
         (h)   Fourteen small trees.
      (2)   The arrangement and location of landscaping in the Special Highway buffer shall be designed in a random spacing, not in a straight line, to give the appearance of a naturalized setting and shall be part of the landscape plan submitted for site plan review. The Administrator shall have the authority to waive, modify, or alter the requirements of this section on a case-by-case basis where due to unusual topography, elevation, or location of a piece of property the strict adherence of these requirements would serve no meaningful purpose. Any decision rendered by the Administrator shall in no way conflict with the spirit and intent of this section and the city’s desire to provide landscaping along a Special Highway.
   (H)   Ingress and egress points.
      (1)   Direct access onto a Special Highway shall not be permitted. In addition, no access shall be allowed onto a ramp connecting the Special Highway with an intersecting road. No two points of ingress and egress (as measured at their closest distance) on any lot shall be closer than 300 feet apart. If a lot has less than 300 feet of frontage on a road which may be directly accessed, no more than one point of ingress and egress (no more than one driveway) shall be allowed on the same road for each lot, or per principal use if the principal use is located on more than one lot. Provided however, any retail use engaged significantly in the sale of automotive fuels to the public using pump islands shall be permitted one additional access point along its total frontage (total frontage includes the total for all streets on which the use fronts) provided the access point is no closer than 36 feet from any other access point. Group projects such as shopping centers and office parks shall be deemed to be a single principal use. No more than two separate points of ingress and egress per lot shall be allowed per road front except under the following conditions:
         (a)   The lot is five acres or greater in area; and
         (b)   The development is reviewed under the conditional use or parallel conditional use permit process.
      (2)   Under these conditions, more than two points of ingress and egress per road front per lot may be allowed.
      (3)   Wherever possible, no portion of any point of ingress and egress shall be located closer than 200 feet from the centerline intersection of any two roads. Whenever this distance is not possible due to the lot dimensions, the drive shall be located as far as possible from the intersection.
      (4)   Each driveway access shall be at least 24 feet in width but not greater than 36 feet in width.
      (5)   It is the intent of this division to supersede the requirements of § 153.186 of this chapter.
(Prior UDO, § 7.19) (Ord. ZTA-5-2016, passed 9-1-2016)  Penalty, see § 153.999